Federal Register / Vol. 77, No. 76 / Thursday, April 19, 2012 / Rules and Regulations 23399 

(b) * * * 

(L) State of Georgia: Georgia 

Department of Natural Resources, 

Environmental Protection Division, Air 

Protection Branch, 4244 International 

Parkway, Suite 120, Atlanta, Georgia 

30354. 

* * * * * 

(Z) State of Mississippi: Hand Deliver 

or Courier: Mississippi Department of 

Environmental Quality, Office of 

Pollution Control, Air Division, 515 East 

Amite Street, Jackson, Mississippi 

39201, Mailing Address: Mississippi 

Department of Environmental Quality, 

Office of Pollution Control, Air 

Division, P.O. Box 2261, Jackson, 

Mississippi 39225. 

* * * * * 

(II) State of North Carolina: North 

Carolina Department of Environment 

and Natural Resources, Division of Air 

Quality, 1641 Mail Service Center, 

Raleigh, North Carolina 27699–1641 or 

local agencies, Forsyth County 

Environmental Affairs, 201 North 

Chestnut Street, Winston-Salem, North 

Carolina 27101 or Forsyth County Air 

Quality Section, 537 North Spruce 

Street, Winston-Salem, North Carolina 

27101; Mecklenburg County Land Use & 

Environmental Services Agency, Air 

Quality, 700 N. Tryon St., Suite 205, 

Charlotte, North Carolina 28202–2236; 

Western North Carolina Regional Air 

Quality Agency, 49 Mount Carmel Road, 

Asheville, North Carolina 28806. 

* * * * * 

[FR Doc. 2012–9234 Filed 4–18–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 60 and 63 

[EPA–HQ–OAR–2009–0234; EPA–HQ–OAR– 

2011–0044; FRL–9654–8] 

RIN 2060–AP52 and 2060–AR31 

National Emission Standards for 

Hazardous Air Pollutants From Coaland Oil-Fired Electric Utility Steam 

Generating Units and Standards of 

Performance for Fossil-Fuel-Fired 

Electric Utility, Industrial-CommercialInstitutional, and Small IndustrialCommercial-Institutional Steam 

Generating Units; Correction 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; correction. 

SUMMARY: This document corrects 

certain preamble and regulatory text. 

This action corrects typographical 

errors, such as cross-reference errors 

and certain preamble text that is not 

consistent with the final regulatory text, 

which published in the Federal Register 

on Thursday, February 16, 2012 (77 FR 

9304). 

DATES: Effective date: April 19, 2012. 

FOR FURTHER INFORMATION CONTACT: For 

the NESHAP action: Mr. William 

Maxwell, Energy Strategies Group, 

Sector Policies and Programs Division, 

(D243–01), Office of Air Quality 

Planning and Standards, U.S. 

Environmental Protection Agency, 

Research Triangle Park, North Carolina 

27711; Telephone number: (919) 541– 

5430; Fax number (919) 541–5450; 

email address: maxwell.bill@epa.gov. 

For the new source performance 

standard (NSPS) action: Mr. Christian 

Fellner, Energy Strategies Group, Sector 

Policies and Programs Division, (D243– 

01), Office of Air Quality Planning and 

Standards, U.S. Environmental 

Protection Agency, Research Triangle 

Park, North Carolina 27711; Telephone 

number: (919) 541–4003; Fax number 

(919) 541–5450; email address: 

fellner.christian@epa.gov. 

SUPPLEMENTARY INFORMATION: This 

document corrects certain preamble and 

regulatory text. It is proper to issue this 

final rule correction without notice and 

comment. Section 553 of the 

Administrative Procedure Act (APA), 5 

U.S.C. 553(b)(B), provides that, when an 

agency for good cause finds that notice 

and public procedure are impracticable, 

unnecessary, or contrary to the public 

interest, the agency may issue a rule 

without providing notice and an 

opportunity for public comment. We 

have determined that there is good 

cause for making this action final 

without prior proposal and opportunity 

for comment because the changes to the 

rule are minor technical corrections, are 

noncontroversial, and do not 

substantively change the agency actions 

taken in the final rule. Notice and 

comment is unnecessary, because these 

changes do not affect the rights or 

obligations of outside parties, and do 

not alter the substantive requirements of 

the code of federal regulations (CFR), 

except to the extent that one regulatory 

provision included an inadvertent 

typographical error that EPA must 

amend to align with the plain text of the 

Clean Air Act (CAA). We find that this 

constitutes good cause under 5 U.S.C. 

553(b)(B).The corrections can be 

categorized generally as follows: 

Correction of typographical errors (e.g., 

cross-reference errors) and correction of 

certain preamble text that does not 

conform to the final regulatory text. 

Below, we identify each technical 

correction to the preamble and 

regulatory text. 

1. Table 5 on page 9368 is corrected 

to read as follows: 

TABLE 5—ALTERNATE EMISSION LIMITATIONS FOR EXISTING COAL- AND OIL-FIRED EGUS 

Subcategory/pollutant Coal-fired EGUs IGCC Liquid oil, continental Liquid oil, non-continental Solid oil-derived 

SO2 ............................. 2.0E–1 lb/MMBtu 

(1.5E0 lb/MWh).

NA ............................ NA ............................ NA ................................... 3.0E–1 lb/MMBtu 

(2.0E0 lb/MWh). 

Total non-mercury 

metals.

5.0E–5 lb/MMBtu 

(5.0E–1 lb/GWh).

6.0E–5 lb/MMBtu 

(5.0E–1 lb/GWh).

8.0E–4 lb/MMBtu 

(8.0E–3 lb/MWh) a.

6.0E–4 lb/MMBtu(7.0E–3 

lb/MWh) a.

4.0E–5 lb/MMBtu 

(6.0E–1 lb/GWh). 

Antimony, Sb .............. 8.0E–1 lb/TBtu 

(8.0E–3 lb/GWh).

1.4E0 lb/TBtu (2.0E– 

2 lb/GWh).

1.3E+1 lb/TBtu 

(2.0E–1 lb/GWh).

2.2E0 lb/TBtu (2.0E–2 lb/ 

GWh).

8.0E–1 lb/TBtu 

(7.0E–3 lb/GWh). 

Arsenic, As ................. 1.1E0 lb/TBtu (2.0E– 

2 lb/GWh).

1.5E0 lb/TBtu (2.0E– 

2 lb/GWh).

2.8E0 lb/TBtu (3.0E– 

2 lb/GWh).

4.3E0 lb/TBtu (8.0E–2 lb/ 

GWh).

3.0E–1 lb/TBtu 

(5.0E–3 lb/GWh). 

Beryllium, Be .............. 2.0E–1 lb/TBtu 

(2.0E–3 lb/GWh).

1.0E–1 lb/TBtu 

(1.0E–3 lb/GWh).

2.0E–1 lb/TBtu 

(2.0E–3 lb/GWh).

6.0E–1 lb/TBtu (3.0E–3 

lb/GWh).

6.0E–2 lb/TBtu 

(5.0E–4 lb/GWh). 

Cadmium, Cd ............. 3.0E–1 lb/TBtu 

(3.0E–3 lb/GWh).

1.5E–1 lb/TBtu 

(2.0E–3 lb/GWh).

3.0E–1 lb/TBtu 

2.0E–3 lb/GWh).

3.0E–1 lb/TBtu (3.0E–3 

lb/GWh).

3.0E–1 lb/TBtu 

(4.0E–3 lb/GWh). 

Chromium, Cr ............. 2.8E0 lb/TBtu (3.0E– 

2 lb/GWh).

2.9E0 lb/TBtu (3.0E– 

2 lb/GWh).

5.5E0 lb/TBtu (6.0E– 

2 lb/GWh).

3.1E+1 lb/TBtu (3.0E–1 

lb/GWh).

8.0E–1 lb/TBtu 

(2.0E–2 lb/GWh). 

Cobalt, Co .................. 8.0E–1 lb/TBtu 

(8.0E–3 lb/GWh).

1.2E0 lb/TBtu (2.0E– 

2 lb/GWh).

2.1E+1 lb/TBtu 

(3.0E–1 lb/GWh).

1.1E+2 lb/TBtu (1.4E0 lb/ 

GWh).

1.1E0 lb/TBtu (2.0E– 

2 lb/GWh). 


srobinson on DSK4SPTVN1PROD with RULES
23400 Federal Register / Vol. 77, No. 76 / Thursday, April 19, 2012 / Rules and Regulations 

TABLE 5—ALTERNATE EMISSION LIMITATIONS FOR EXISTING COAL- AND OIL-FIRED EGUS—Continued 

Subcategory/pollutant Coal-fired EGUs IGCC Liquid oil, continental Liquid oil, non-continental Solid oil-derived 

Lead, Pb ..................... 1.2E0 lb/TBtu (2.0E– 

2 lb/GWh).

1.9E+2 lb/TBtu 

(1.8E0 lb/GWh).

8.1E0 lb/TBtu (8.0E– 

2 lb/GWh).

4.9E0 lb/TBtu (8.0E–2 lb/ 

GWh).

8.0E–1 lb/TBtu 

(2.0E–2 lb/GWh). 

Manganese, Mn ......... 4.0E0 lb/TBtu (5.0E– 

2 lb/GWh.

2.5E0 lb/TBtu (3.0E– 

2 lb/GWh).

2.2E+1 lb/TBtu 

(3.0E–1 lb/GWh).

2.0E+1 lb/TBtu (3.0E–1 

lb/GWh).

2.3E0 lb/TBtu (4.0E– 

2 lb/GWh). 

Mercury, Hg ................ NA ............................ NA ............................ 2.0E–1 lb/TBtu 

(2.0E–3 lb/GWh).

4.0E–2 lb/TBtu (4.0E–4 

lb/GWh).

NA. 

Nickel, Ni .................... 3.5E0 lb/TBtu (4.0E– 

2 lb/GWh).

6.5E0 lb/TBtu (7.0E– 

2 lb/GWh).

1.1E+2 lb/TBtu 

(1.1E0 lb/GWh).

4.7E+2 lb/TBtu (4.1E0 lb/ 

GWh).

9.0E0 lb/TBtu (2.0E– 

1 lb/GWh). 

Selenium, Se .............. 5.0E0 lb/TBtu (6.0E– 

2 lb/GWh).

2.2E+1 lb/TBtu 

(3.0E–1 lb/GWh).

3.3E0 lb/TBtu (4.0E– 

2 lb/GWh).

9.8E0 lb/TBtu (2.0E–1 lb/ 

GWh).

1.2E0 lb/TBtu (2.0E– 

2 lb/GWh). 

NA = Not applicable. 

a Includes Hg. 

The output-format values for the 

antimony and beryllium emission limits 

for existing solid oil-derived fuel-fired 

units were incorrect as published in the 

preamble to the final rule (i.e., the 

incorrect ‘‘8.0E–3 lb/GWh’’ instead of 

the correct ‘‘7.0E–3 lb/GWh’’ for 

antimony and the incorrect ‘‘6.0E–4 lb/ 

GWh’’ instead of the correct ‘‘5.0E–4 lb/ 

GWh’’ for beryllium). In addition, the 

format of the input- and output-based 

lead emissions limits for existing IGCC 

EGUs was incorrect as published in the 

preamble to the final rule (i.e., the 

incorrect ‘‘1.9E+2 lb/MMBtu or 1.8E0 

lb/MWh’’ instead of the correct ‘‘1.9E+2 

lb/TBtu or 1.8E0 lb/GWh’’). In each 

case, the correct values are indicated in 

the spreadsheets found in docket entry 

EPA–HQ–OAR–2009–0234–20132 and 

the published values were transcription 

errors. This same correction is made to 

the regulatory text later in this 

document. 

2. On page 9401, column 1, first full 

paragraph, the fourth sentence is 

corrected to read as follows: ‘‘This 

subcategory applies only to oil-fired 

EGUs that act as peaking units, as they 

generally address reliability issues.’’ 

We are revising this sentence because 

the original sentence in the preamble to 

the final rule stated: ‘‘This subcategory 

applies only to oil-fired EGUs that 

operate on oil alone and act as peaking 

units, as they generally address 

reliability issues.’’ (emphasis added). 

The italicized language is not consistent 

with the regulatory definition of ‘‘oilfired EGU’’ or the definition of ‘‘limiteduse liquid oil-fired subcategory’’ 

because it incorrectly indicates that the 

subcategory applies only to oil-fired 

EGUs that operate on oil alone. See 40 

CFR 63.10042. 

3. The definition of ‘‘Boiler operating 

day’’ in § 60.41Da Definitions, the date 

‘‘February 29, 2005’’ is corrected to read 

‘‘March 1, 2005’’ because there was no 

February 29 in 2005. 

4. Section 60.49Da(a)(4)(i) is revised 

to correct the typographical error related 

to the incorrect cross reference to 

section 60.51a(d) which does not exist. 

The correct cross reference is to section 

60.51Da(d). 

5. Sections 63.9982(a)(1) and (a)(2) are 

revised to include the ‘‘§’’ symbol 

which was inadvertently left off of the 

references to section 63.10042 (i.e., 

‘‘63.10042’’ vs. the correct ‘‘§ 63.10042’’. 

6. Section 63.9982(d) is revised to 

correct the typographical error which 

left out the word ‘‘in’’ from the phrase 

‘‘* * * change in process * * *’’ 

7. Section 63.9985(a)(2) is revised to 

remove the words ‘‘or modification.’’ 

We erroneously included this language 

in the final rule definition of a new 

source for purposes of the NESHAP. The 

language included in the final rule 

comes from the CAA section 111 

statutory definition for ‘‘new source,’’ 

instead of the CAA section 112 

definition of ‘‘new source.’’ CAA section 

112 does not include ‘‘modified’’ 

sources in the definition of new sources, 

and, thus, the inclusion of such sources 

in the definition was an inadvertent 

drafting error. 

8. Section 63.9991(c) is revised to 

remove the term ‘‘coal-fired’’ from the 

phrase ‘‘coal-fired EGU.’’ This section 

expressly references Tables 1 and 2 of 

this subpart and those tables include 

alterative sulfur dioxide (SO2) limits for 

all EGUs meeting the requirements of 

section 63.9991(c), not just coal-fired 

EGUs. Thus, the provision as written in 

the final rule was incorrectly limited to 

coal-fired EGUs. 

9. Section 63.10000(c)(1) is revised to 

include integrated gasification 

combined cycle (IGCC) EGUs among the 

subcategories listed. Section 63.10000(c) 

addresses initial performance testing. 

IGCC EGUs are included in the 

requirements of section 63.10000(c)(1)(i) 

(which deals with initial performance 

testing for purposes of determining low 

emitting EGU (LEE) status) and, thus, 

the omission of IGCC EGUs from the 

introductory language in section 

63.10000(c)(1) was an inadvertent error. 

10. Section 63.10000(c)(1)(i)(B) is 

revised to correct a typographical error 

(‘‘* * * solid oil-derived fuel-fired 

* * *’’ rather than the incorrect ‘‘* * * 

solid oil-fired fuel-fired * * *’’). 

11. Section 63.10000(c)(2)(iv) is 

revised to correct a typographical error 

and include ‘‘you’’ in the phrase ‘‘* * * 

but you must * * *’’ 

12. Section 63.10000(d)(5)(i) is 

revised to correct the typographical 

error of including the incorrect term 

‘‘CEMS’’ rather than the correct term 

‘‘CMS.’’ The text of sections 

63.10000(d)(2)(i), (3), and (4) all refer to 

the broader ‘‘CMS’’ (which includes 

both continuous parameter monitoring 

system (CPMS) and continuous 

emission monitoring system (CEMS)). 

Thus, use of the narrower CEMS in 

section 63.10000(d)(5)(i) was an 

inadvertent error. Further, the term 

‘‘CPMS’’ in the last sentence of the 

section is corrected to read ‘‘PM CPMS’’ 

consistent with section 63.10010(h), 

which section is referenced in section 

63.10000(d)(5)(i) and specifically 

addresses PM CPMS. 

13. Section 63.10000(d)(5)(iv) is 

revised to use language consistent with 

section 63.8(d) (changing ‘‘ongoing data 

quality assurance procedures’’ to 

‘‘quality control program’’), as section 

63.8 is cited in this section. The title of 

section 63.8(d) is ‘‘quality control 

program’’ and the phrase ‘‘ongoing data 

quality assurance procedures’’ does not 

appear in that provision. 

14. Section 63.10000(f) is revised to 

correct a typographical error by 

replacing ‘‘distributions system’’ with 

the correct ‘‘distribution system.’’ 

15. Section 63.10005(b)(2) is revised 

to correct a typographical error by 

changing ‘‘* * * valid data CMS data 

* * *’’ to ‘‘valid CMS data’’. 

16. Section 63.10005(d)(1) is revised 

to correct a typographical error (the 

correct ‘‘* * * Table 1 or 2 to this 

* * *’’ rather than the incorrect ‘‘* * * 

Table 1 or 2 of this * * *’’ in two 

places). 


srobinson on DSK4SPTVN1PROD with RULES
Federal Register / Vol. 77, No. 76 / Thursday, April 19, 2012 / Rules and Regulations 23401 

17. Section 63.10005(d)(4)(ii) is 

revised to correct the typographical 

error associated with the use of 

‘‘corresponding’’ rather than the correct 

word ‘‘corresponds.’’ 

18. Sections 63.10005(h)(3)(iii)(C)(1) 

and (2) are revised to correct the 

typographical errors associated with the 

conversion factors from million British 

thermal units per hour (MMBtu/hr) to 

trillion Btu/hr (TBtu/hr) (i.e., the correct 

10¥6 rather than the incorrect 106) and 

from megawatts (MW) to gigawatts (GW) 

(i.e., the correct 10¥3 rather than the 

incorrect 103). The exponents as 

published are technically incorrect and 

the conversions would not work as 

published. 

19. Section 63.10006(a) is revised to 

correct a typographical error. 

Specifically, we inadvertently omitted 

the word ‘‘fired’’ from the phrase 

‘‘* * * solid oil-derived fuel- and 

* * *’’ The phrase should read ‘‘* * * 

solid oil-derived fuel-fired and * * *’’ 

20. Section 63.10007(c) is revised to 

correct the typographical error 

associated with the incorrect cross 

reference to the non-existent section 

63.10011(b)(5). The correct cross 

reference is to section 63.10011(b). 

21. Section 63.10009(g) is revised to 

correct the typographical error related to 

the incorrect cross reference to sections 

63.10009(f)(1) through (3). Section 

63.10009(g) deals with determining 

weighted average emission rates, but 

section 63.10009(f) deals with 

demonstrating eligibility for an 

emissions averaging group and is, thus, 

an incorrect cross reference. The correct 

cross reference is to sections 

63.10009(g)(1) through (2), which 

sections provide specific direction on 

the manner in which sources establish 

weighted average emission rates. 

22. Section 63.10009(j)(2)(i)(A) is 

revised to correct the typographical 

error related to the incorrect cross 

reference to section 63.10009(h)(1), 

which does not exist. The correct cross 

reference is to section 63.10009(j)(1). 

23. Sections 63.10010(a)(6)(iii) and 

(iv) are revised to correct the 

typographical errors related to the 

incorrect cross references to sections 

63.10010(a)(5)(iii)(B) and (a)(5)(iii)(C), 

which do not exist. The correct cross 

references are to sections 

63.10010(a)(6)(ii) and (iii), respectively. 

24. Sections 63.10010(g), 

63.10011(c)(1), 63.10021(b), and 

63.10022(a)(1) are revised to correct the 

inadvertent omission of the alternate 90- 

day averaging period. The provisions as 

included in the final rule only referred 

to the 30-day averaging periods that are 

generally utilized for determining 

compliance with the final standards; 

however, as indicated in section 

63.10009(a)(2), sources are also 

authorized to use the alternate 90-day 

averaging period for certain standards 

when emissions averaging is employed 

at a facility. 

25. Section 63.10020(d) is revised to 

correct a typographical error by 

replacing ‘‘of’’ with ‘‘from’’ in the 

phrase ‘‘* * * deviation from the 

* * *’’ 

26. Section 63.10030(e)(7)(i) is revised 

to correct the typographical error related 

to the incorrect cross reference to 

section 63.10006(i). Section 63.10006(i) 

addresses the tune-up requirement, but 

section 63.10030(e)(7)(i) concerns LEE 

requirements, not tune-up requirements. 

The correct cross reference is to section 

63.10006(b), which addresses the 

reduced performance (i.e., stack) testing 

for LEE, which allows a source to test 

every 3 years as discussed in section 

63.10030(e)(7)(i). 

27. Section 63.10031(c)(4) is revised 

to correct an incorrect statement. The 

final rule does not require annual 

inspections; thus, the ‘‘annual’’ has been 

replaced with ‘‘every 36 (or 48) months’’ 

to be consistent with other rule text. 

28. The definitions of ‘‘Non-mercury 

(Hg) HAP metals’’ and ‘‘Oil’’ in section 

63.10042 are revised to correct the 

typographical error that did not separate 

the two definitions in the published 

rule. 

29. Table 2 to Subpart UUUUU of Part 

63 is revised to correct the 

typographical errors related to the lack 

of a superscript for footnotes (‘‘2’’) 

denoting ‘‘gross electric output’’ for 

filterable particulate matter emissions 

from ‘‘2. Coal-fired unit low rank virgin 

coal,’’ ‘‘3. IGCC,’’ ‘‘4. Liquid oil-fired 

unit—continental (excluding limiteduse liquid oil-fired subcategory units),’’ 

‘‘Liquid oil-fired unit—non-continental 

(excluding limited-use liquid oil-fired 

subcategory units),’’ and ‘‘6. Solid oilderived fuel-fired unit.’’ 

In addition, the format of the inputand output-based lead emissions limits 

for ‘‘3. IGCC unit’’ was incorrect as 

published (i.e., the incorrect ‘‘1.9E+2 lb/ 

MMBtu or 1.8E0 lb/MWh’’ instead of 

the correct ‘‘1.9E+2 lb/TBtu or 1.8E0 lb/ 

GWh’’). Further, the output-format 

values for the antimony and beryllium 

emission limits for ‘‘6. Solid oil-derived 

fuel-fired unit’’ were incorrect as 

published (i.e., the incorrect ‘‘8.0E–3 lb/ 

GWh’’ instead of the correct ‘‘7.0E–3 lb/ 

GWh’’ for antimony and the incorrect 

‘‘6.0E–4 lb/GWh’’ instead of the correct 

‘‘5.0E–4 lb/GWh’’ for beryllium). In each 

case, the correct values are indicated in 

the spreadsheets found in docket entry 

EPA–HQ–OAR–2009–0234–20132 and 

the published values are transcription 

errors. 

30. For the reasons described in 

Paragraph 24 above, Table 7 to Subpart 

UUUUU of Part 63 is revised to address 

the inadvertent omission of the alternate 

90-day averaging period that is 

available. 

31. For the reasons described in 

Paragraph 24 above, Paragraphs 6.2.1.4 

and 6.2.2.3 to Appendix A to Subpart 

UUUUU of Part 63 are revised to 

address the inadvertent omission of the 

alternate 90-day averaging period that is 

available. 

32. Paragraph 7.2.4 to Appendix A to 

Subpart UUUUU of Part 63 is revised to 

correct the typographical error related to 

the incorrect cross reference to 

paragraphs 7.1.10.1 through 7.1.10.7; 

these paragraphs do not exist, however. 

The correct cross reference is 

paragraphs 7.1.9.1 through 7.1.9.7. 

33. Paragraph 7.2.5.3.4 to Appendix A 

to Subpart UUUUU of Part 63 is revised 

to correct the typographical error related 

to the incorrect cross reference to 

paragraph 7.1.90.1; this paragraph does 

not exist, however. The correct cross 

reference is paragraph 7.1.9.1. 

Statutory and Executive Order Reviews 

Under Executive Order (EO) 12866, 

Regulatory Planning and Review (58 FR 

51735, October 4, 1993), this action is 

not a ‘‘significant regulatory action’’ and 

is therefore not subject to review by the 

Office of Management and Budget 

(OMB). This action is not a ‘‘major rule’’ 

as defined by 5 U.S.C. 804(2). The 

technical corrections do not impose an 

information collection burden under the 

provisions of the Paperwork Reduction 

Act of 1995 (44 U.S.C. 3501 et seq.). 

Because EPA has made a ‘‘good 

cause’’ finding that this action is not 

subject to notice and comment 

requirements under the APA or any 

other statute, it is not subject to the 

regulatory flexibility provisions of the 

Regulatory Flexibility Act (5 U.S.C. 601 

et seq.), or to sections 202 and 205 of the 

Unfunded Mandates Reform Act of 1995 

(UMRA) (Pub. L. 104–4). In addition, 

this action does not significantly or 

uniquely affect small governments or 

impose a significant intergovernmental 

mandate, as described in sections 203 

and 204 of the UMRA. 

The corrections do not have 

substantial direct effects on the states, or 

on the relationship between the national 

government and the states, or on the 

distribution of power and 

responsibilities among the various 

levels of government, as specified in EO 

13132, Federalism (64 FR 43255, August 

10, 1999). 


srobinson on DSK4SPTVN1PROD with RULES
23402 Federal Register / Vol. 77, No. 76 / Thursday, April 19, 2012 / Rules and Regulations 

This action also does not significantly 

or uniquely affect the communities of 

tribal governments, as specified by EO 

13175, Consultation and Coordination 

with Indian Tribal Governments (65 FR 

67249, November 9, 2000). The 

technical corrections also are not subject 

to EO 13045, Protection of Children 

from Environmental Health and Safety 

Risks (62 FR 19885, April 23, 1997) 

because this action is not economically 

significant. 

The corrections are not subject to EO 

13211, Actions Concerning Regulations 

That Significantly Affect Energy Supply, 

Distribution, or Use (66 FR 28355, May 

22, 2001) because this action is not a 

significant regulatory action under EO 

12866. 

The corrections do not involve 

changes to the technical standards 

related to test methods or monitoring 

methods; thus, the requirements of 

section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272) do not 

apply. 

The corrections also do not involve 

special consideration of environmental 

justice-related issues as required by EO 

12898, Federal Actions to Address 

Environmental Justice in Minority 

Populations and Low-Income 

Populations (59 FR 7629, February 16, 

1994). 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (SBREFA), 

generally provides that before a rule 

may take effect, the agency 

promulgating the rule must submit a 

rule report, which includes a copy of 

the rule, to each House of the Congress 

and to the Comptroller General of the 

U.S. The EPA submitted a report 

containing the final action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the U.S. This 

action is not a ‘‘major rule’’ as defined 

by 5 U.S.C. 804(2). The final rule will 

be effective on April 16, 2012. 

The EPA’s compliance with the above 

statutes and EOs for the underlying rule 

is discussed in the February 16, 2012, 

Federal Register document containing 

‘‘National Emission Standards for 

Hazardous Air Pollutants from Coaland Oil-fired Electric Utility Steam 

Generating Units and Standards of 

Performance for Fossil-Fuel-Fired 

Electric Utility, Industrial-CommercialInstitutional, and Small IndustrialCommercial-Institutional Steam 

Generating Units.’’ 

List of Subjects 

40 CFR Part 60 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Incorporation by 

reference, Intergovernmental relations, 

Reporting and recordkeeping 

requirements. 

40 CFR Part 63 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Hazardous 

substances, Incorporation by reference, 

Intergovernmental relations, Reporting 

and recordkeeping requirements. 

Dated: March 27, 2012. 

Lisa P. Jackson, 

Administrator. 

Accordingly, title 40, chapter I, of the 

Code of the Federal Regulations is 

amended by making the following 

correcting amendments: 

PART 60—[AMENDED] 

■ 1. The authority citation for part 60 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

■ 2. In § 60.41Da, revise the definition 

of ‘‘Boiler operating day’’ to read as 

follows: 

§ 60.41Da Definitions. 

* * * * * 

Boiler operating day for units 

constructed, reconstructed, or modified 

before March 1, 2005, means a 24-hour 

period during which fossil fuel is 

combusted in a steam-generating unit 

for the entire 24 hours. For units 

constructed, reconstructed, or modified 

after February 28, 2005, boiler operating 

day means a 24-hour period between 12 

midnight and the following midnight 

during which any fuel is combusted at 

any time in the steam-generating unit. It 

is not necessary for fuel to be combusted 

the entire 24-hour period. 

* * * * * 

■ 3. Revise § 60.49Da(a)(4)(i) to read as 

follows: 

§ 60.49Da Emission monitoring. 

(a) * * * 

(4) * * * 

(i) The affected facility combusts only 

gaseous fuels and/or liquid fuels 

(excluding residue oil) with a potential 

SO2 emissions rate no greater than 26 

ng/J (0.060 lb/MMBtu), and the unit 

operates according to a written sitespecific monitoring plan approved by 

the permitting authority. This 

monitoring plan must include 

procedures and criteria for establishing 

and monitoring specific parameters for 

the affected facility indicative of 

compliance with the opacity standard. 

For testing performed as part of this sitespecific monitoring plan, the permitting 

authority may require as an alternative 

to the notification and reporting 

requirements specified in §§ 60.8 and 

60.11 that the owner or operator submit 

any deviations with the excess 

emissions report required under 

§ 60.51Da(d). 

* * * * * 

PART 63—[AMENDED] 

■ 4. The authority citation for 40 CFR 

Part 63 continues to read as follows: 

Authority: 42 U.S.C. 7401, et seq. 

■ 5. Revise § 63.9982(a)(1), (a)(2), and 

(d) to read as follows: 

§ 60.9982 What is the affected source of 

this subpart? 

(a) * * * 

(1) The affected source of this subpart 

is the collection of all existing coal- or 

oil-fired EGUs, as defined in § 63.10042, 

within a subcategory. 

(2) The affected source of this subpart 

is each new or reconstructed coal- or 

oil-fired EGU as defined in § 63.10042. 

* * * * * 

(d) An EGU is existing if it is not new 

or reconstructed. An existing electric 

steam generating unit that meets the 

applicability requirements after the 

effective date of this final rule due to a 

change in process (e.g., fuel or 

utilization) is considered to be an 

existing source under this subpart. 

* * * * * 

■ 6. Revise § 63.9985(a)(2) to read as 

follows: 

§ 63.9985 What is a new EGU? 

(a) * * * 

(2) An EGU that commenced 

reconstruction after May 3, 2011. 

* * * * * 

■ 7. In § 63.9991, revise paragraph(c) 

introductory text to read as follows: 

§ 63.9991 What emission limitations, work 

practice standards, and operating limits 

must I meet? 

* * * * * 

(c) You may use the alternate SO2

limit in Tables 1 and 2 to this subpart 

only if your EGU: 

* * * * * 

■ 8. In § 63.10000, revise 

paragraphs(c)(1) introductory text, 

(c)(1)(i)(B), (c)(2)(iv), (d)(5)(i), (d)(5)(iv) 

and (f) to read as follows: 

§ 63.10000 What are my general 

requirements for complying with this 

subpart? 

* * * * * 


srobinson on DSK4SPTVN1PROD with RULES
Federal Register / Vol. 77, No. 76 / Thursday, April 19, 2012 / Rules and Regulations 23403 

(c)(1) For coal-fired units, IGCC units, 

and solid oil-derived fuel-fired units, 

initial performance testing is required 

for all pollutants, to demonstrate 

compliance with the applicable 

emission limits. 

(i) * * * 

(B) You may not pursue the LEE 

option for Hg if your coal-fired, solid 

oil-derived fuel-fired EGU or IGCC EGU 

is new. 

* * * * * 

(2) * * * 

(iv) If your unit qualifies as a limiteduse liquid oil-fired as defined in 

§ 63.10042, then you are not subject to 

the emission limits in Tables 1 and 2, 

but you must comply with the 

performance tune-up work practice 

requirements in Table 3. 

* * * * * 

(d) * * * 

(5) * * * 

(i) Installation of the CMS or sorbent 

trap monitoring system sampling probe 

or other interface at a measurement 

location relative to each affected process 

unit such that the measurement is 

representative of control of the exhaust 

emissions (e.g., on or downstream of the 

last control device). See § 63.10010(a) 

for further details. For PM CPMS 

installations, follow the procedures in 

§ 63.10010(h). 

* * * * * 

(iv) Performance evaluation 

procedures and acceptance criteria (e.g., 

calibrations), including the quality 

control program in accordance with the 

general requirements of § 63.8(d). 

* * * * * 

(f) You are subject to the requirements 

of this subpart for at least 6 months 

following the last date you met the 

definition of an EGU subject to this 

subpart (e.g., 6 months after a 

cogeneration unit provided more than 

one third of its potential electrical 

output capacity and more than 25 

megawatts electrical output to any 

power distribution system for sale). You 

may opt to remain subject to the 

provisions of this subpart beyond 6 

months after the last date you met the 

definition of an EGU subject to this 

subpart, unless you are a solid waste 

incineration unit subject to standards 

under CAA section 129 (e.g., 40 CFR 

Part 60, Subpart CCCC (New Source 

Performance Standards (NSPS) for 

Commercial and Industrial Solid Waste 

Incineration Units, or Subpart DDDD 

(Emissions Guidelines (EG) for Existing 

Commercial and Industrial Solid Waste 

Incineration Units). Notwithstanding 

the provisions of this subpart, an EGU 

that starts combusting solid waste is 

immediately subject to standards under 

CAA section 129 and the EGU remains 

subject to those standards until the EGU 

no longer meets the definition of a solid 

waste incineration unit consistent with 

the provisions of the applicable CAA 

section 129 standards. 

* * * * * 

■ 9. Revise § 63.10005(b)(2), (d)(1), 

(d)(4)(ii), and (h)(3)(iii)(C)(1) and (2) to 

read as follows: 

§ 63.10005 What are my initial compliance 

requirements and by what date must I 

conduct them? 

* * * * * 

(b) * * * 

(2) For a performance test based on 

data from a certified CEMS or sorbent 

trap monitoring system, the test consists 

of all valid CMS data recorded in the 30 

boiler operating days immediately 

preceding that date; 

* * * * * 

(d) * * * 

(1) For an affected coal-fired, solid oilderived fuel-fired, or liquid oil-fired 

EGU, you may demonstrate initial 

compliance with the applicable SO2, 

HCl, or HF emissions limit in Table 1 

or 2 to this subpart through use of an 

SO2, HCl, or HF CEMS installed and 

operated in accordance with Part 75 of 

this chapter or Appendix B to this 

subpart, as applicable. You may also 

demonstrate compliance with a 

filterable PM emission limit in Table 1 

or 2 to this subpart through use of a PM 

CEMS installed, certified, and operated 

in accordance with § 63.10010(i). Initial 

compliance is achieved if the arithmetic 

average of 30-boiler operating days of 

quality-assured CEMS data, expressed 

in units of the standard (see 

§ 63.10007(e)), meets the applicable 

SO2, PM, HCl, or HF emissions limit in 

Table 1 or 2 to this subpart. Use 

Equation 19–19 of Method 19 in 

appendix A–7 to Part 60 of this chapter 

to calculate the 30-boiler operating day 

average emissions rate. (Note: For this 

calculation, the term Ehj in Equation 19– 

19 must be in the same units of measure 

as the applicable HCl or HF emission 

limit in Table 1 or 2 to this subpart). 

* * * * * 

(4) * * * 

(i) * * * 

(ii) You must demonstrate continuous 

compliance with the CMS site-specific 

operating limit that corresponds to the 

results of the performance test 

demonstrating compliance with the HCl 

or HF emissions limit. 

* * * * * 

(h) * * * 

(3) * * * 

(iii) * * * 

(C) * * * 

(1) Multiply the average lb/TBtu Hg 

emission rate (determined according to 

paragraph (h)(3)(iii)(A) of this section) 

by the maximum potential annual heat 

input to the unit (TBtu), which is equal 

to the maximum rated unit heat input 

(TBtu/hr) times 8,760 hours. If the 

maximum rated heat input value is 

expressed in units of MMBtu/hr, 

multiply it by 10 ¥6 to convert it to 

TBtu/hr; or 

(2) Multiply the average lb/GWh Hg 

emission rate (determined according to 

paragraph (h)(3)(iii)(B) of this section) 

by the maximum potential annual 

electricity generation (GWh), which is 

equal to the maximum rated electrical 

output of the unit (GW) times 8,760 

hours. If the maximum rated electrical 

output value is expressed in units of 

MW, multiply it by 10 ¥3 to convert it 

to GW; or 

* * * * * 

■ 10. Revise § 63.10006(a) to read as 

follows: 

§ 63.10006 When must I conduct 

subsequent performance tests or tune-ups? 

(a) For liquid oil-fired, solid oilderived fuel-fired and coal-fired EGUs 

and IGCC units using PM CPMS to 

monitor continuous performance with 

an applicable emission limit as 

provided for under § 63.10000(c), you 

must conduct all applicable 

performance tests according to Table 5 

to this subpart and § 63.10007 at least 

every year. 

* * * * * 

■ 11. Revise § 63.10007(c) to read as 

follows: 

§ 63.10007 What methods and other 

procedures must I use for the performance 

tests? 

* * * * * 

(c) If you choose to comply with the 

filterable PM emission limit and 

demonstrate continuous performance 

using a PM CPMS for an applicable 

emission limit as provided for in 

§ 63.10000(c), you must also establish 

an operating limit according to 

§ 63.10011(b) and Tables 4 and 6 to this 

subpart. Should you desire to have 

operating limits that correspond to loads 

other than maximum normal operating 

load, you must conduct testing at those 

other loads to determine the additional 

operating limits. 

* * * * * 

■ 12. In § 63.10009, revise paragraphs 

(g) introductory text and (j)(2)(i)(A) to 

read as follows: 

§ 63.10009 May I use emissions averaging 

to comply with this subpart? 

* * * * * 


srobinson on DSK4SPTVN1PROD with RULES
23404 Federal Register / Vol. 77, No. 76 / Thursday, April 19, 2012 / Rules and Regulations 

(g) You must determine the weighted 

average emissions rate in units of the 

applicable emissions limit on a 30 day 

rolling average (90 day rolling average 

for Hg) basis according to paragraphs 

(g)(1) through (2) of this section. The 

first averaging period begins on 30 (or 

90 for Hg) days after February 16, 2015 

or the date that you begin emissions 

averaging, whichever is earlier. 

* * * * * 

(j) * * * 

(2) * * * 

(i) * * * 

(A) Whether the content of the plan 

includes all of the information specified 

in paragraph (j)(1) of this section; and 

* * * * * 

■ 13. In § 63.10010, revise paragraphs 

(a)(6)(iii), (a)(6)(iv) and (g) to read as 

follows: 

§ 63.10010 What are my monitoring, 

installation, operation, and maintenance 

requirements? 

(a) * * * 

(6) * * * 

(iii) Sum the products determined 

under paragraph (a)(6)(ii) of this section; 

and 

(iv) Divide the result obtained in 

paragraph (a)(6)(iii) of this section by 

the total hourly stack gas flow rate for 

the unit, summed across all of the stacks 

or ducts. 

* * * * * 

(g) If you use a Hg CEMS or a sorbent 

trap monitoring system, you must 

install, certify, operate, maintain and 

quality-assure the data from the 

monitoring system in accordance with 

appendix A to this subpart. You must 

calculate and record a 30- (or, if 

alternate emissions averaging is used, 

90-) boiler operating day rolling average 

Hg emission rate, in units of the 

standard, updated after each new boiler 

operating day. Each 30- (or, if alternate 

emissions averaging is used, 90-) boiler 

operating day rolling average emission 

rate, calculated according to section 6.2 

of appendix A to the subpart, is the 

average of all of the valid hourly Hg 

emission rates in the preceding 30- (or, 

if alternate emissions averaging is used, 

a 90-) boiler operating days. Section 

7.1.4.3 of appendix A to this subpart 

explains how to reduce sorbent trap 

monitoring system data to an hourly 

basis. 

* * * * * 

■ 14. Revise § 63.10011(c)(1) to read as 

follows: 

§ 63.10011 How do I demonstrate initial 

compliance with the emissions limits and 

work practice standards? 

* * * * * 

(c)(1) If you use CEMS or sorbent trap 

monitoring systems to measure a HAP 

(e.g., Hg or HCl) directly, the first 30- 

boiler operating day (or, if alternate 

emissions averaging is used for Hg, the 

90-boiler operating day) rolling average 

emission rate obtained with certified 

CEMS after the applicable date in 

§ 63.9984 (or, if applicable, prior to that 

date, as described in § 63.10005(b)(2)), 

expressed in units of the standard, is the 

initial performance test. Initial 

compliance is demonstrated if the 

results of the performance test meet the 

applicable emission limit in Table 1 or 

2 to this subpart. 

* * * * * 

■ 15. Revise § 63.10020(d) to read as 

follows: 

§ 63.10020 How do I monitor and collect 

data to demonstrate continuous 

compliance? 

* * * * * 

(d) Except for periods of monitoring 

system malfunctions or monitoring 

system out-of-control periods, repairs 

associated with monitoring system 

malfunctions or monitoring system outof-control periods, and required 

monitoring system quality assurance or 

quality control activities including, as 

applicable, calibration checks and 

required zero and span adjustments), 

failure to collect required data is a 

deviation from the monitoring 

requirements. 

* * * * * 

■ 16. Revise § 63.10021(b) to read as 

follows: 

§ 63.10021 How do I demonstrate 

continuous compliance with the emission 

limitations, operating limits, and work 

practice standards? 

* * * * * 

(b) Except as otherwise provided in 

§ 63.10020(c), if you use a CEMS to 

measure SO2, PM, HCl, HF, or Hg 

emissions, or using a sorbent trap 

monitoring system to measure Hg 

emissions, you must demonstrate 

continuous compliance by using all 

quality-assured hourly data recorded by 

the CEMS (or sorbent trap monitoring 

system) and the other required 

monitoring systems (e.g., flow rate, CO2, 

O2, or moisture systems) to calculate the 

arithmetic average emissions rate in 

units of the standard on a continuous 

30-boiler operating day (or, if alternate 

emissions averaging is used for Hg, 90- 

boiler operating day) rolling average 

basis, updated at the end of each new 

boiler operating day. Use Equation 8 to 

determine the 30- (or, if applicable, 

90-) boiler operating day rolling average. 

Where: 

Heri is the hourly emissions rate for hour i 

and n is the number of hourly emissions 

rate values collected over 30- (or, if 

applicable, 90-) boiler operating days. 

* * * * * 

■ 17. Revise § 63.10022(a)(1) to read as 

follows: 

§ 63.10022 How do I demonstrate 

continuous compliance under the 

emissions averaging provision? 

(a) * * * 

(1) For each 30- (or 90-) day rolling 

average period, demonstrate compliance 

with the average weighted emissions 

limit for the existing units participating 

in the emissions averaging option as 

determined in § 63.10009(f) and (g); 

* * * * * 

■ 18. Revise § 63.10030(e)(7)(i) to read 

as follows: 

§ 63.10030 What notifications must I 

submit and when? 

* * * * * 

(e) * * * 

(7) * * * 

(i) A summary of the results of the 

annual performance tests and 

documentation of any operating limits 

that were reestablished during this test, 

if applicable. If you are conducting stack 

tests once every 3 years consistent with 

§ 63.10006(b), the date of the last three 

stack tests, a comparison of the emission 

level you achieved in the last three stack 

tests to the 50 percent emission limit 

threshold required in § 63.10006(i), and 

a statement as to whether there have 

been any operational changes since the 

last stack test that could increase 

emissions. 

* * * * * 

■ 19. Revise § 63.10031(c)(4) to read as 

follows: 


srobinson on DSK4SPTVN1PROD with RULESER19AP12.002</GPH>
Federal Register / Vol. 77, No. 76 / Thursday, April 19, 2012 / Rules and Regulations 23405 

§ 63.10031 What reports must I submit and 

when? 

* * * * * 

(c) * * * 

(4) Include the date of the most recent 

tune-up for each unit subject to the 

requirement to conduct a performance 

tune-up according to § 63.10021(e). 

Include the date of the most recent 

burner inspection if it was not done 

every 36 (or 48) months and was 

delayed until the next scheduled unit 

shutdown. 

* * * * * 

■ 20. In § 63.10042, revise the definition 

‘‘Non-mercury (Hg) HAP metals’’ and 

add the definition ‘‘Oil’’ to read as 

follows: 

§ 63.10042 What definitions apply to this 

subpart? 

* * * * * 

Non-mercury (Hg) HAP metals means 

Antimony (Sb), Arsenic (As), Beryllium 

(Be), Cadmium (Cd), Chromium (Cr), 

Cobalt (Co), Lead (Pb), Manganese (Mn), 

Nickel (Ni), and Selenium (Se). 

Oil means crude oil or petroleum or 

a fuel derived from crude oil or 

petroleum, including distillate and 

residual oil, solid oil-derived fuel (e.g., 

petroleum coke) and gases derived from 

solid oil-derived fuels (not meeting the 

definition of natural gas). 

* * * * * 

■ 22. Revise table 2 and table 7 to 

Subpart UUUUU of Part 63 to read as 

follows: 

Tables to Subpart UUUUU of Part 63 

* * * * * 

TABLE 2 TO SUBPART UUUUU OF PART 63—EMISSION LIMITS FOR EXISTING EGUS

[As stated in § 63.9991, you must comply with the following applicable emission limits] 1

If your EGU is in this subcategory 

. . . For the following pollutants . . . 

You must meet the following 

emission limits and work practice 

standards . . . 

Using these requirements, as appropriate (e.g., specified sampling 

volume or test run duration) and 

limitations with the test methods 

in Table 5 . . . 

1. Coal-fired unit not low rank virgin coal.a. Filterable particulate matter 

(PM).

3.0E–2 lb/MMBtu or 3.0E–1 lb/ 

MWh.2

Collect a minimum of 1 dscm per 

run. 

OR OR 

Total non-Hg HAP metals ............ 5.0E–5 lb/MMBtu or 5.0E–1 lb/ 

GWh. 

Collect a minimum of 1 dscm per 

run. 

OR OR 

Individual HAP metals: Collect a minimum of 3 dscm per 

run. 

Antimony (Sb) ............................... 8.0E–1 lb/TBtu or 8.0E–3 lb/GWh. 

Arsenic (As) .................................. 1.1E0 lb/TBtu or 2.0E–2 lb/GWh. 

Beryllium (Be) ............................... 2.0E–1 lb/TBtu or 2.0E–3 lb/GWh. 

Cadmium (Cd) .............................. 3.0E–1 lb/TBtu or 3.0E–3 lb/GWh. 

Chromium (Cr) .............................. 2.8E0 lb/TBtu or 3.0E–2 lb/GWh. 

Cobalt (Co) ................................... 8.0E–1 lb/TBtu or 8.0E–3 lb/GWh. 

Lead (Pb) ...................................... 1.2E0 lb/TBtu or 2.0E–2 lb/GWh. 

Manganese (Mn) .......................... 4.0E0 lb/TBtu or 5.0E–2 lb/GWh. 

Nickel (Ni) ..................................... 3.5E0 lb/TBtu or 4.0E–2 lb/GWh. 

Selenium (Se) ............................... 5.0E0 lb/TBtu or 6.0E–2 lb/GWh. 

b. Hydrogen chloride (HCl) ........... 2.0E–3 lb/MMBtu or 2.0E–2 lb/ 

MWh. 

For Method 26A, collect a minimum of 0.75 dscm per run; for 

Method 26, collect a minimum 

of 120 liters per run. 

For ASTM D6348–03 3 or Method 

320, sample for a minimum of 1 

hour. 

OR 

Sulfur dioxide (SO2) 4 ................... 2.0E–1 lb/MMBtu or 1.5E0 lb/ 

MWh. 

SO2 CEMS. 

c. Mercury (Hg) ............................. 1.2E0 lb/TBtu or 1.3E–2 lb/GWh .. LEE Testing for 30 days with 10 

days maximum per Method 30B 

run or Hg CEMS or sorbent trap 

monitoring system only. 

2. Coal-fired unit low rank virgin 

coal.

a. Filterable particulate matter 

(PM).

3.0E–2 lb/MMBtu or 3.0E–1 lb/ 

MWh.2

Collect a minimum of 1 dscm per 

run. 

OR OR 

Total non-Hg HAP metals ............ 5.0E–5 lb/MMBtu or 5.0E–1 lb/ 

GWh. 

Collect a minimum of 1 dscm per 

run. 

OR OR 

Individual HAP metals: Collect a minimum of 3 dscm per 

run. 

Antimony (Sb) ............................... 8.0E–1 lb/TBtu or 8.0E–3 lb/GWh. 

Arsenic (As) .................................. 1.1E0 lb/TBtu or 2.0E–2 lb/GWh. 

Beryllium (Be) ............................... 2.0E–1 lb/TBtu or 2.0E–3 lb/GWh. 

Cadmium (Cd) .............................. 3.0E–1 lb/TBtu or 3.0E–3 lb/GWh. 

Chromium (Cr) .............................. 2.8E0 lb/TBtu or 3.0E–2 lb/GWh. 

Cobalt (Co) ................................... 8.0E–1 lb/TBtu or 8.0E–3 lb/GWh. 

Lead (Pb) ...................................... 1.2E0 lb/TBtu or 2.0E–2 lb/GWh. 

Manganese (Mn) .......................... 4.0E0 lb/TBtu or 5.0E–2 lb/GWh. 

Nickel (Ni) ..................................... 3.5E0 lb/TBtu or 4.0E–2 lb/GWh. 

Selenium (Se) ............................... 5.0E0 lb/TBtu or 6.0E–2 lb/GWh. 


srobinson on DSK4SPTVN1PROD with RULES
23406 Federal Register / Vol. 77, No. 76 / Thursday, April 19, 2012 / Rules and Regulations 

TABLE 2 TO SUBPART UUUUU OF PART 63—EMISSION LIMITS FOR EXISTING EGUS—Continued 

[As stated in § 63.9991, you must comply with the following applicable emission limits] 1

If your EGU is in this subcategory 

. . . For the following pollutants . . . 

You must meet the following 

emission limits and work practice 

standards . . . 

Using these requirements, as appropriate (e.g., specified sampling 

volume or test run duration) and 

limitations with the test methods 

in Table 5 . . . 

b. Hydrogen chloride (HCl) ........... 2.0E–3 lb/MMBtu or 2.0E–2 lb/ 

MWh. 

For Method 26A, collect a minimum of 0.75 dscm per run; for 

Method 26, collect a minimum 

of 120 liters per run. 

For ASTM D6348–03 3 or Method 

320, sample for a minimum of 1 

hour. 

OR 

Sulfur dioxide (SO2) 4 ................... 2.0E–1 lb/MMBtu or 1.5E0 lb/ 

MWh. 

SO2 CEMS. 

c. Mercury (Hg) ............................. 4.0E0 lb/TBtu or 4.0E–2 lb/GWh .. LEE Testing for 30 days with 10 

days maximum per Method 30B 

run or Hg CEMS or sorbent trap 

monitoring system only. 

3. IGCC unit ................................... a. Filterable particulate matter 

(PM).

4.0E–2 lb/MMBtu or 4.0E–1 lb/ 

MWh.2

Collect a minimum of 1 dscm per 

run. 

OR OR 

Total non-Hg HAP metals ............ 6.0E–5 lb/MMBtu or 5.0E–1 lb/ 

GWh. 

Collect a minimum of 1 dscm per 

run. 

OR OR 

Individual HAP metals: Collect a minimum of 2 dscm per 

run. 

Antimony (Sb) ............................... 1.4E0 lb/TBtu or 2.0E–2 lb/GWh. 

Arsenic (As) .................................. 1.5E0 lb/TBtu or 2.0E–2 lb/GWh. 

Beryllium (Be) ............................... 1.0E–1 lb/TBtu or 1.0E–3 lb/GWh. 

Cadmium (Cd) .............................. 1.5E–1 lb/TBtu or 2.0E–3 lb/GWh. 

Chromium (Cr) .............................. 2.9E0 lb/TBtu or 3.0E–2 lb/GWh. 

Cobalt (Co) ................................... 1.2E0 lb/TBtu or 2.0E–2 lb/GWh. 

Lead (Pb) ...................................... 1.9E+2 lb/TBtu or 1.8E0 lb/GWh. 

Manganese (Mn) .......................... 2.5E0 lb/TBtu or 3.0E–2 lb/GWh. 

Nickel (Ni) ..................................... 6.5E0 lb/TBtu or 7.0E–2 lb/GWh. 

Selenium (Se) ............................... 2.2E+1 lb/TBtu or 3.0E–1 lb/GWh. 

b. Hydrogen chloride (HCl) ........... 5.0E–4 lb/MMBtu or 5.0E–3 lb/ 

MWh. 

For Method 26A, collect a minimum of 1 dscm per run; for 

Method 26, collect a minimum 

of 120 liters per run. 

For ASTM D6348–03 3 or Method 

320, sample for a minimum of 1 

hour. 

c. Mercury (Hg) ............................. 2.5E0 lb/TBtu or 3.0E–2 lb/GWh .. LEE Testing for 30 days with 10 

days maximum per Method 30B 

run or Hg CEMS or sorbent trap 

monitoring system only. 

4. Liquid oil-fired unit—continental 

(excluding limited-use liquid oilfired subcategory units).

a. Filterable particulate matter 

(PM).

3.0E–2 lb/MMBtu or 3.0E–1 lb/ 

MWh.2

Collect a minimum of 1 dscm per 

run. 

OR OR 

Total HAP metals ......................... 8.0E–4 lb/MMBtu or 8.0E–3 lb/ 

MWh. 

Collect a minimum of 1 dscm per 

run. 

OR OR 

Individual HAP metals: Collect a minimum of 1 dscm per 

run. 

Antimony (Sb) ............................... 1.3E+1 lb/TBtu or 2.0E–1 lb/GWh. 

Arsenic (As) .................................. 2.8E0 lb/TBtu or 3.0E–2 lb/GWh. 

Beryllium (Be) ............................... 2.0E–1 lb/TBtu or 2.0E–3 lb/GWh. 

Cadmium (Cd) .............................. 3.0E–1 lb/TBtu or 2.0E–3 lb/GWh. 

Chromium (Cr) .............................. 5.5E0 lb/TBtu or 6.0E–2 lb/GWh. 

Cobalt (Co) ................................... 2.1E+1 lb/TBtu or 3.0E–1 lb/GWh. 

Lead (Pb) ...................................... 8.1E0 lb/TBtu or 8.0E–2 lb/GWh. 

Manganese (Mn) .......................... 2.2E+1 lb/TBtu or 3.0E–1 lb/GWh. 

Nickel (Ni) ..................................... 1.1E+2 lb/TBtu or 1.1E0 lb/GWh. 

Selenium (Se) ............................... 3.3E0 lb/TBtu or 4.0E–2 lb/GWh. 

Mercury (Hg) ................................. 2.0E–1 lb/TBtu or 2.0E–3 lb/GWh. For Method 30B sample volume 

determination (Section 8.2.4), 

the estimated Hg concentration 

should nominally be <1⁄2; the 

standard. 


srobinson on DSK4SPTVN1PROD with RULES
Federal Register / Vol. 77, No. 76 / Thursday, April 19, 2012 / Rules and Regulations 23407 

TABLE 2 TO SUBPART UUUUU OF PART 63—EMISSION LIMITS FOR EXISTING EGUS—Continued 

[As stated in § 63.9991, you must comply with the following applicable emission limits] 1

If your EGU is in this subcategory 

. . . For the following pollutants . . . 

You must meet the following 

emission limits and work practice 

standards . . . 

Using these requirements, as appropriate (e.g., specified sampling 

volume or test run duration) and 

limitations with the test methods 

in Table 5 . . . 

b. Hydrogen chloride (HCl) ........... 2.0E–3 lb/MMBtu or 1.0E–2 lb/ 

MWh. 

For Method 26A, collect a minimum of 1 dscm per Run; for 

Method 26, collect a minimum 

of 120 liters per run. 

For ASTM D6348–03 3 or Method 

320, sample for a minimum of 1 

hour. 

c. Hydrogen fluoride (HF) ............. 4.0E–4 lb/MMBtu or 4.0E–3 lb/ 

MWh. 

For Method 26A, collect a minimum of 1 dscm per run; for 

Method 26, collect a minimum 

of 120 liters per run. 

For ASTM D6348–03 3 or Method 

320, sample for a minimum of 1 

hour. 

5. Liquid oil-fired unit—non-continental (excluding limited-use liquid oil-fired subcategory units).a. Filterable particulate matter 

(PM).

3.0E–2 lb/MMBtu or 3.0E–1 lb/ 

MWh.2

Collect a minimum of 1 dscm per 

run. 

OR OR 

Total HAP metals 6.0E–4 lb/MMBtu or 7.0E–3 lb/ 

MWh. 

Collect a minimum of 1 dscm per 

run. 

OR OR 

Individual HAP metals: Collect a minimum of 2 dscm per 

run. 

Antimony (Sb) ............................... 2.2E0 lb/TBtu or 2.0E–2 lb/GWh. 

Arsenic (As) .................................. 4.3E0 lb/TBtu or 8.0E–2 lb/GWh. 

Beryllium (Be) ............................... 6.0E–1 lb/TBtu or 3.0E–3 lb/GWh. 

Cadmium (Cd) .............................. 3.0E–1 lb/TBtu or 3.0E–3 lb/GWh. 

Chromium (Cr) .............................. 3.1E+1 lb/TBtu or 3.0E–1 lb/GWh. 

Cobalt (Co) ................................... 1.1E+2 lb/TBtu or 1.4E0 lb/GWh. 

Lead (Pb) ...................................... 4.9E0 lb/TBtu or 8.0E–2 lb/GWh. 

Manganese (Mn) .......................... 2.0E+1 lb/TBtu or 3.0E–1 lb/GWh. 

Nickel (Ni) ..................................... 4.7E+2 lb/TBtu or 4.1E0 lb/GWh. 

Selenium (Se) ............................... 9.8E0 lb/TBtu or 2.0E–1 lb/GWh. 

Mercury (Hg) ................................. 4.0E–2 lb/TBtu or 4.0E–4 lb/GWh. For Method 30B sample volume 

determination (Section 8.2.4), 

the estimated Hg concentration 

should nominally be <1⁄2; the 

standard. 

b. Hydrogen chloride (HCl) ........... 2.0E–4 lb/MMBtu or 2.0E–3 lb/ 

MWh. 

For Method 26A, collect a minimum of 1 dscm per run; for 

Method 26, collect a minimum 

of 120 liters per run. 

For ASTM D6348–03 3 or Method 

320, sample for a minimum of 2 

hours. 

c. Hydrogen fluoride (HF) ............. 6.0E–5 lb/MMBtu or 5.0E–4 lb/ 

MWh. 

For Method 26A, collect a minimum of 3 dscm per run. 

For ASTM D6348–03 3 or Method 

320, sample for a minimum of 2 

hours. 

6. Solid oil-derived fuel-fired unit ... a. Filterable particulate matter 

(PM).

8.0E–3 lb/MMBtu or 9.0E–2 lb/ 

MWh.2

Collect a minimum of 1 dscm per 

run. 

OR OR 

Total non-Hg HAP metals ............ 4.0E–5 lb/MMBtu or 6.0E–1 lb/ 

GWh. 

Collect a minimum of 1 dscm per 

run. 

OR OR 

Individual HAP metals .................. Collect a minimum of 3 dscm per 

run. 

Antimony (Sb) ............................... 8.0E–1 lb/TBtu or 7.0E–3 lb/GWh. 

Arsenic (As) .................................. 3.0E–1 lb/TBtu or 5.0E–3 lb/GWh. 

Beryllium (Be) ............................... 6.0E–2 lb/TBtu or 5.0E–4 lb/GWh. 

Cadmium (Cd) .............................. 3.0E–1 lb/TBtu or 4.0E–3 lb/GWh. 

Chromium (Cr) .............................. 8.0E–1 lb/TBtu or 2.0E–2 lb/GWh. 

Cobalt (Co) ................................... 1.1E0 lb/TBtu or 2.0E–2 lb/GWh. 

Lead (Pb) ...................................... 8.0E–1 lb/TBtu or 2.0E–2 lb/GWh. 

Manganese (Mn) .......................... 2.3E0 lb/TBtu or 4.0E–2 lb/GWh. 

Nickel (Ni) ..................................... 9.0E0 lb/TBtu or 2.0E–1 lb/GWh. 


srobinson on DSK4SPTVN1PROD with RULES
23408 Federal Register / Vol. 77, No. 76 / Thursday, April 19, 2012 / Rules and Regulations 

TABLE 2 TO SUBPART UUUUU OF PART 63—EMISSION LIMITS FOR EXISTING EGUS—Continued 

[As stated in § 63.9991, you must comply with the following applicable emission limits] 1

If your EGU is in this subcategory 

. . . For the following pollutants . . . 

You must meet the following 

emission limits and work practice 

standards . . . 

Using these requirements, as appropriate (e.g., specified sampling 

volume or test run duration) and 

limitations with the test methods 

in Table 5 . . . 

Selenium (Se) ............................... 1.2E0 lb/TBtu or 2.0E–2 lb/GWh. 

b. Hydrogen chloride (HCl) ........... 5.0E–3 lb/MMBtu or 8.0E–2 lb/ 

MWh. 

For Method 26A, collect a minimum of 0.75 dscm per run; for 

Method 26, collect a minimum 

of 120 liters per run. 

For ASTM D6348–03 3 or Method 

320, sample for a minimum of 1 

hour. 

OR 

Sulfur dioxide (SO2) 4 ................... 3.0E–1 lb/MMBtu or 2.0E0 lb/ 

MWh. 

SO2 CEMS. 

c. Mercury (Hg) ............................. 2.0E–1 lb/TBtu or 2.0E–3 lb/GWh. LEE Testing for 30 days with 10 

days maximum per Method 30B 

run or Hg CEMS or Sorbent 

trap monitoring system only. 

1 For LEE emissions testing for total PM, total HAP metals, individual HAP metals, HCl, and HF, the required minimum sampling volume must 

be increased nominally by a factor of two. 2 Gross electric output. 3 Incorporated by reference, see § 63.14. 4 You may not use the alternate SO2 limit if your EGU does not have some form of FGD system and SO2 CEMS installed. 

* * * * * 

TABLE 7 TO SUBPART UUUUU OF PART 63—DEMONSTRATING CONTINUOUS COMPLIANCE

[As stated in § 63.10021, you must show continuous compliance with the emission limitations for affected sources according to the following] 

If you use one of the following to meet applicable emissions limits, operating limits, or work practice standards . . . You demonstrate continuous compliance by . . . 

1. CEMS to measure filterable PM, SO2, HCl, HF, or Hg emissions, or 

using a sorbent trap monitoring system to measure Hg.

Calculating the 30- (or 90-) boiler operating day rolling arithmetic average emissions rate in units of the applicable emissions standard 

basis at the end of each boiler operating day using all of the quality 

assured hourly average CEMS or sorbent trap data for the previous 

30-boiler operating days, excluding data recorded during periods of 

startup or shutdown. 

2. PM CPMS to measure compliance with a parametric operating limit Calculating the arithmetic 30-boiler operating day rolling average of all 

of the quality assured hourly average PM CPMS output data (e.g., 

milliamps, PM concentration, raw data signal) collected for all operating hours for the previous 30 boiler operating days, excluding data 

recorded during periods of startup or shutdown. 

3. Site-specific monitoring for liquid oil-fired units for HCl and HF emission limit monitoring.If applicable, by conducting the monitoring in accordance with an approved site-specific monitoring plan. 

4. Quarterly performance testing for coal-fired, solid oil derived fired, or 

liquid oil-fired units to measure compliance with one or more applicable emissions limit in Table 1 or 2.

Calculating the results of the testing in units of the applicable emissions standard. 

5. Conducting periodic performance tune-ups of your EGU(s) ............... Conducting periodic performance tune-ups of your EGU(s), as specified in § 63.10021(e). 

6. Work practice standards for coal-fired, liquid oil-fired, or solid oil-derived fuel-fired EGUs during startup.Operating in accordance with Table 3. 

7. Work practice standards for coal-fired, liquid oil-fired, or solid oil-derived fuel-fired EGUs during shutdown.Operating in accordance with Table 3. 

* * * * * 

■ 23. In Appendix A to Subpart 

UUUUU of Part 63, revise paragraphs 

6.2.1.4, 6.2.2.3, 7.2.4, 7.2.5.3.4, to read 

as follows: 

Appendix A to Subpart UUUUU—Hg 

Monitoring Provisions 

* * * * * 

6.2.1.4 The heat input-based Hg emission 

rate limit in Table 2 to this subpart must be 

met on a 30 boiler operating day rolling 

average basis, except as otherwise provided 

in § 63.10009(a)(2). Use Equation 19–19 in 

EPA Method 19 to calculate the Hg emission 

rate for each averaging period. The term Ehj

in Equation 19–19 must be in the units of the 

applicable emission limit. Do not include 

non-operating hours with zero emissions in 

the average. 

* * * * * 

6.2.2.3 The applicable electrical outputbased Hg emission rate limit in Table 1 or 2 

to this subpart must be met on a 30-boiler 

operating day rolling average basis, except as 

otherwise provided in § 63.10009(a)(2). Use 

Equation A–5 of this section to calculate the 

Hg emission rate for each averaging period. 


srobinson on DSK4SPTVN1PROD with RULES
Federal Register / Vol. 77, No. 76 / Thursday, April 19, 2012 / Rules and Regulations 23409 

Where: 

E ̄ o = Hg emission rate for the averaging 

period (lb/GWh). 

Echo = Electrical output-based hourly Hg 

emission rate for unit or stack operating 

hour ‘‘h’’ in the averaging period, from 

Equation A–4 of this section (lb/GWh). 

n = Number of unit or stack operating hours 

in the averaging period in which valid 

data were obtained for all parameters. 

(Note: Do not include non-operating hours 

with zero emission rates in the average). 

* * * * * 

7.2.4 Certification, Recertification, 

and Quality-Assurance Test Reporting. 

Except for daily QA tests of the required 

monitoring systems (i.e., calibration 

error tests and flow monitor interference 

checks), the results of all required 

certification, recertification, and qualityassurance tests described in paragraphs 

7.1.9.1 through 7.1.9.7 of this section 

(except for test results previously 

submitted, e.g., under the ARP) shall be 

submitted electronically, using the 

ECMPS Client Tool, either prior to or 

concurrent with the relevant quarterly 

electronic emissions report. 

* * * * * 

7.2.5.3.4 The results of all daily 

calibration error tests of the Hg CEMS, 

as described in paragraph 7.1.9.1 of this 

section and (if applicable) the results of 

all daily flow monitor interference 

checks. 

* * * * * 

[FR Doc. 2012–8703 Filed 4–18–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 372 

[EPA–HQ–OEI–2011–0196; FRL–9660–9] 

RIN 2025–AA31 

Toxics Release Inventory (TRI) 

Reporting for Facilities Located in 

Indian Country and Clarification of 

Additional Opportunities Available to 

Tribal Governments Under the TRI 

Program 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is announcing new 

opportunities for tribal participation 

and engagement in the TRI Program. 

Under this final rule, TRI reporting 

facilities located in Indian country are 

required to report to the appropriate 

tribal government of their relevant area 

instead of the State. This rule also 

improves and clarifies certain 

opportunities allowing tribal 

governments to participate more fully in 

the TRI Program. Further, because tribal 

governmental structures may vary, EPA 

is updating its terminology to refer to 

the principal elected official of the Tribe 

as the ‘‘Tribal Chairperson or equivalent 

elected official.’’ EPA is also amending 

its definition of ‘‘State’’ for purposes of 

40 CFR part 372 to no longer include 

Indian country, so as to avoid any 

confusing overlap in terminology for 

facilities located in Indian country. 

With regard to the procedures for EPA 

to modify the list of covered chemicals 

and TRI reporting facilities, today’s rule 

clarifies the opportunities available to 

tribal governments. In particular, EPA is 

including within the relevant provision 

an opportunity for the Tribal 

Chairperson or equivalent elected 

official to request that EPA apply the 

TRI reporting requirements to a specific 

facility located within the Tribe’s Indian 

country. Secondly, EPA is clarifying in 

this rule that the Tribal Chairperson or 

equivalent elected official may petition 

EPA to add or delete a particular 

chemical respectively to or from the list 

of chemicals covered by TRI. In 

finalizing the actions described, EPA is 

helping to increase awareness of toxic 

releases within tribal communities, 

thereby increasing the understanding of 

potential human health and ecological 

impacts from these hazardous 

chemicals. 

DATES: This final rule is effective April 

19, 2012. The requirement of facilities 

located in Indian country to report to 

tribal governments is applicable 

beginning with TRI reporting year 2012 

(TRI reports due by July 1, 2013). 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–HQ–OEI–2011–0196. All 

documents in the docket are listed on 

the www.regulations.gov Web site. 

Although listed in the index, some 

information is not publicly available, 

e.g., CBI or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

www.regulations.gov or in hard copy at 

the OEI Docket, EPA/DC, EPA West, 

Room 3334, 1301 Constitution Ave. 

NW., Washington, DC. The Public 

Reading Room is open from 8:30 a.m. to 

4:30 p.m., Monday through Friday, 

excluding legal holidays. The telephone 

number for the Public Reading Room is 

(202) 566–1744, and the telephone 

number for the EPA Docket Center is 

(202) 566–1752. 

FOR FURTHER INFORMATION CONTACT: 

Louise Camalier, Environmental 

Analysis Division, Office of 

Environmental Information (2842T), 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460; telephone number: (202) 

566–0503; fax number: (202) 566–0677; 

email address: Camalier.louise@epa.gov, 

for specific information on this notice. 

For general information on EPCRA 

Section 313, contact the Superfund, TRI, 

EPCRA, RMP & Oil Information Center 

toll free at (800) 424–9346, (703) 412– 

9810 in the Washington, DC 

metropolitan area, toll free TDD at (800) 

553–7672, or visit the Web site at 

http://www.epa.gov/superfund/ 

contacts/infocenter. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

Does this action apply to me? 

You may be affected by this action if 

you own or operate a facility located in 

Indian country (see 40 CFR 372.3 for a 

definition of Indian country) with a 

toxic chemical(s) known by the owner 

or operator to be manufactured 

(including imported), processed, or 

otherwise used in excess of an 

applicable threshold quantity, as 

referenced in 40 CFR 372.25, 372.27, or 

372.28, at its covered facility described 

in § 372.22. Potentially affected 

categories and entities may include, but 

are not limited to: 


srobinson on DSK4SPTVN1PROD with RULESER19AP12.003</GPH>