***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release 

During Review***

EO12866 NESHAP for Area Sources-Industrial Commercial 

Institutional Boiler and Process Heaters RIN 2060-AR14 Final 

Rule – Reconsideration 20120504

6560-50-P

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-HQ-OAR-2006-0790; FRL- ]

RIN 2060-AR14

National Emission Standards for Hazardous Air Pollutants for 

Area Sources: Industrial, Commercial, and Institutional Boilers

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; notice of final action on reconsideration.

SUMMARY: In this action, the EPA is finalizing amendments for 

emission standards to control hazardous air pollutants from new 

and existing industrial, commercial and institutional boilers at 

area sources of hazardous air pollutants, which were issued 

under section 112 of the Clean Air Act. As part of this action, 

the EPA is amending effective dates of the standard and making 

technical corrections to the final rule to clarify definitions, 

references, applicability and compliance issues raised by 

petitioners and other stakeholders affected by the rule. This 

action also takes final action on reconsideration of specific 

elements of the final rule. 
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release 

During Review***

Page 2 of 137

DATES: This final rule is effective on [INSERT THE DATE OF 

PUBLICATION IN THE FEDERAL REGISTER].

ADDRESSES: The EPA established a single docket under Docket ID 

No. EPA-HQ-OAR-2006-0790 for this action. All documents in the 

docket are listed on the http://www.regulations.gov website. 

Although listed in the index, some information is not publicly 

available, e.g., confidential business information 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 http://www.regulations.gov or in hard 

copy at the EPA’s Docket Center, Public Reading Room, EPA West 

Building, Room 3334, 1301 Constitution Avenue, NW, Washington, 

DC 20004. This Docket Facility 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 Air Docket is (202) 566–1741.

FOR FURTHER INFORMATION CONTACT: Mr. James Eddinger, Energy 

Strategies Group (D243-01), Sector Policies and Programs 

Division, Office of Air Quality Planning and Standards, 

Environmental Protection Agency, Research Triangle Park, North 

Carolina 27711; telephone number: (919) 541-5426; fax number: 

(919) 541-5450; email address: eddinger.jim@epa.gov or Ms. Mary 
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release 

During Review***

Page 3 of 137

Johnson, Energy Strategies Group (D243-01), Sector Policies and 

Programs Division, Office of Air Quality Planning and Standards, 

Environmental Protection Agency, Research Triangle Park, North 

Carolina 27711; telephone number: (919) 541-5025; fax number: 

(919) 541-5450; email address: johnson.mary@epa.gov. 

EXECUTIVE SUMMARY:

Purpose of this Regulatory Action

The EPA is taking final action on its proposed 

reconsideration of certain provisions of its March 21, 2011,

final rule that established emission standards for new and 

existing industrial, commercial, and institutional boilers

located at area source facilities pursuant to CAA sections 

112(c)(3), 112(c)(6), and 112(k)(3)(B). 

Section 112(d) of the CAA requires the EPA to regulate HAP 

from both major and area stationary sources. Section 112(d)(5)

of the CAA allows the EPA to establish standards for area 

sources of HAP “which provide for the use of generally available 

control technologies (GACT) or management practices by such 

sources to reduce emissions of hazardous air pollutants.” While 

GACT serves as the basis for standards of most emissions from 

area sources, two pollutants, POM as 7-PAH and Hg must be 

regulated based on the performance of MACT. These two pollutants 

are regulated based on MACT because area source industrial, 

commercial and institutional boilers combusting coal were listed 
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release 

During Review***

Page 4 of 137

under section 112(c)(6) of the CAA due to the source categories’ 

emissions of POM and Hg. Sections 112(d)(2) or (d)(4) of the CAA 

require the EPA to regulate pollutants listed under section 

112(c)(6) based on MACT. The final rule meets the requirements 

of section 112(d) of the CAA by setting MACT standards for Hg 

and CO — as a surrogate for POM for units in the coal-fired 

subcategory. Further, the final rule sets standards based on 

GACT for all of the other urban HAP emitted from coal-fired 

boilers that pose the greatest public health risk, pursuant to 

section 112(c)(3) of the CAA. In addition, the final rule sets 

standards based on GACT for boilers combusting oil or biomass 

for all urban HAP, including Hg, arsenic, beryllium, cadmium, 

lead, chromium, manganese, nickel, POM, ethylene dioxide, and 

PCBs.

In developing these MACT standards for coal-fired boilers, 

the EPA also considered section 112(h) of the CAA, which allows 

the EPA to establish work practice standards in lieu of 

numerical emission limits only in cases where the agency 

determines that it is not feasible to prescribe or enforce an 

emission standard, including circumstances in which the agency 

determines that the application of measurement methodology is 

not practicable due to technological and economic limitations.

The EPA has found that work practices are appropriate under 
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release 

During Review***

Page 5 of 137

certain circumstances, pursuant to section 112(h) of the CAA, in 

the form of periodic tune-ups for small boilers.

This final rule replaces the provisions of the final rule 

issued by the EPA on March 21, 2011, for those provisions which 

the EPA is revising in this action. 

Summary of Major Provisions

In general, the final rule as amended by this action 

requires facilities classified as area sources of HAP with 

affected boilers to reduce emissions of harmful toxic air 

emissions from these combustion sources, improving air quality,

and protecting public health in communities where these 

facilities are located. Recognizing the diversity of this source 

category and the multiple sectors of the economy this rule 

effects, in the March 2011 final rule, the EPA established 

subcategories for boilers based on the design of the combustion 

equipment and operating schedules of the unit.

Numerical emission limits, based on MACT, were established 

for Hg and CO at new and existing coal-fired boilers with a 

design capacity of 10 MMBtu/hr or more. Small coal units with a 

design capacity of less than 10 MMBtu/hr are subject to periodic 

tune-up work practices for CO and Hg in lieu of numeric emission 

limits because the EPA found that it was technologically and 

economically impracticable to apply measurement methodology to 

these small sources, pursuant to section 112(h).
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release 

During Review***

Page 6 of 137

Numerical emission limits, based on GACT, were established 

for PM as a surrogate for other urban HAP for new coal, biomass 

and oil-fired boilers with a design heat input capacity of 10 

MMBtu/hr or greater. Existing biomass and oil-fired boilers and 

new small biomass- and oil-fired boilers are subject to periodic 

tune-up management practices for PM based on GACT. New and 

existing seasonal boilers firing oil or biomass are subject to 

periodic tune-up management practices, based on GACT, in lieu of 

numerical emission limits, for all HAP.

The EPA also finalized alternative compliance options for 

the numeric CO emission limit. Coal-fired boilers subject to CO 

emission limits can comply with this limit using a periodic 

stack test and continuous parametric monitoring, or by using 

CEMS. This alternative standard is based on a 10-day rolling 

average and provides additional compliance flexibility to 

sources with existing CO CEMS equipment or load following 

operations. The numerical emission limits in this final rule 

apply at all times except during periods of startup and 

shutdown, in which alternative work practice standards apply 

since the EPA has determined that it is technologically and 

economically impracticable to apply measurement methodology 

during periods of startup and shutdown. The rule also requires

periodic testing, parametric monitoring, recordkeeping and 

reporting to ensure compliance with the emission standards and 
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release 

During Review***

Page 7 of 137

work practices. The final rule also employs a one-time energy 

assessment beyond-the-floor standard on all existing facilities 

that have one or more existing coal, biomass or oil-fired 

boilers with a heat input capacity of 10 MMBtu/hr or greater. 

The length of time needed to conduct the energy assessment 

depends on the total energy consumption of the affected boilers 

at the facility.

The compliance dates for the rule are March 21, 2014, for 

existing sources, May 20, 2011, for new sources that started up 

on or before May 20, 2011, and upon startup for new sources that 

start up after May 20, 2011. New sources are defined as sources 

that began operation after June 4, 2010.

Costs and Benefits

The amendments contained in this final action are 

corrections that are intended to clarify, but not change, the 

coverage of the final rule. The final rule will affect 

approximately an estimated 180,000 existing area source boilers 

and the EPA projects approximately an additional 6,800 new 

boilers to be subject to the rule over the initial 3-year 

period. The clarifications and corrections should make it easier 

for owners and operators and for local and state authorities to 

understand and implement the requirements. As compared to the 

control costs estimated in the March 2011 final rule, these

amendments will result in a decrease in the capital and annual 
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release 

During Review***

Page 8 of 137

costs due to the increase in emission limits and the decrease in 

burden on small facilities. A more detailed discussion of the 

costs and benefits of the final rule is provided at 76 FR 15579, 

March 21, 2011, and 76 FR 80542, December 23, 2011. Section V of 

this preamble discusses the impacts of the amendments.

Exposure to toxic air pollutants regulated under this 

standard can cause respiratory problems such as bronchitis and 

asthma, and other serious health issues.

SUPPLEMENTARY INFORMATION:

Acronyms and Abbreviations. The following acronyms and 

abbreviations are used in this document.

7-PAH 7-polynuclear aromatic hydrocarbons

ASTM American Society for Testing and Materials

Btu British thermal unit

CO carbon monoxide

CEMS continuous emissions monitoring system

CDX Central Data Exchange

CAA Clean Air Act

CFR Code of Federal Regulations 

COMS Continuous Opacity Monitoring System

CPMS continuous parameter monitoring system

DOE Department of Energy

ERT Electronic Reporting Tool

ESP Electrostatic Precipitator

FR Federal Register

GACT generally available control technologies

HAP hazardous air pollutants

Hg mercury

HQ Headquarters

ISO International Standards Organization

lb pounds

MACT Maximum Achievable Control Technology

MMBtu million British thermal units

NAICS North American Industry Classification System

NESHAP National Emission Standards For Hazardous Air 

Pollutants 
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release 

During Review***

Page 9 of 137

NTTAA National Technology Transfer and Advancement Act

OMB Office of Management and Budget

PM particulate matter

PCBs polychlorinated biphenyls

POM polycyclic organic matter

ppm parts per million

RFA Regulatory Flexibility Act

RIN Regulatory Information Number 

TBtu Trillion British thermal unit

TTN Technology Transfer Network

tpy tons per year

UMRA Unfunded Mandates Reform Act of 1995

UPL upper prediction limit

VCS Voluntary Consensus Standards

WWW Worldwide Web 

Organization of this Document. The information presented in 

this preamble is organized as follows: 

I. General Information

A. Does this action apply to me?

B. Where can I get a copy of this document?

C. Judicial Review

II. Background Information

III. Summary of Final Action on Reconsideration

A. Affected Sources

B. Source Category Exclusions

C. Emission Limits

D. Tune-up Work Practice and Management Practice Standards

E. Energy Assessment Work Practice and Management Practice 

Standards

F. GACT-Based Standards

G. Initial Compliance

H. Operating Limits

I. Continuous Compliance

J. Periods of Startup, Shutdown and Malfunction

K. Notification, Recordkeeping, and Reporting Requirements

L. Title V Permitting Requirements

M. Definition of Period of Gas Curtailment or Supply 

Interruption

N. Other Miscellaneous Technical Corrections
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release 

During Review***

Page 10 of 137

IV. Summary of Significant Changes Since Proposed Action on 

Reconsideration

A. Applicability

B. Tune-Up Requirements

C. Energy Assessment

D. Clarification of Oxygen Concentration Operating Limits

E. Definitions Regarding Averaging Times

F. Continuous Compliance

G. Fuel Sampling Frequency

H. Performance Testing Frequency

I. Startup and Shutdown Definitions

J. Notification of Fuel Change or Physical Change

K. Miscellaneous Definitions

V. Other Actions the EPA is Taking

VI. Impacts associated with this Final Rule

VII. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review and 

Executive Order 13563: Improving Regulation and Regulatory 

Review

B. Paperwork Reduction Act

C. Regulatory Flexibility Act

D. Unfunded Mandates Reform Act

E. Executive Order 13132: Federalism

F. Executive Order 13175: Consultation and Coordination with 

Indian Tribal Governments

G. Executive Order 13045: Protection of Children from 

Environmental Health Risks and Safety Risks

H. Executive Order 13211: Actions Concerning Regulations That 

Significantly Affect Energy Supply, Distribution, or Use

I. National Technology Transfer and Advancement Act

J. Executive Order 12898: Federal Actions to Address 

Environmental Justice in Minority Populations and Low-Income 

Populations

K. Congressional Review Act

I. General Information

A. Does this action apply to me?

The regulated categories and entities potentially affected 

by this action include:
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release 

During Review***

Page 11 of 137

Industry 

Category

NAICS 

Codea Examples of Regulated Entities

Any area 

source 

facility 

using a 

boiler as 

defined in 

the final

rule

321 Wood product manufacturing.

11 Agriculture, greenhouses.

311 Food manufacturing.

327 Nonmetallic mineral product

manufacturing.

424 Wholesale trade, nondurable

goods.

531 Real estate.

611 Educational services.

813 Religious, civic, professional,

and similar organizations.

92 Public administration.

722 Food services and drinking

places.

62 Health care and social assistance.

22111 Electric power generation.

a North American Industry Classification System.

This table is not intended to be exhaustive, but rather 

provides a guide for readers regarding entities likely to be 

regulated by this reconsideration action. To determine whether 

your facility may be affected by this reconsideration action, 

you should examine the applicability criteria in 40 CFR 63.11193 

of subpart JJJJJJ (National Emission Standards for Hazardous Air 

Pollutants for Industrial, Commercial, and Institutional Boilers 

Area Sources). If you have any questions regarding the 

applicability of the final rule to a particular entity, consult 

either the air permit authority for the entity or your EPA 
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release 

During Review***

Page 12 of 137

regional representative, as listed in 40 CFR 63.13 of subpart A 

(General Provisions).

B. Where can I get a copy of this document?

In addition to being available in the docket, an electronic 

copy of this action will also be available on the WWW through 

the TTN. Following signature, a copy of the action will be

posted on the TTN’s policy and guidance page for newly proposed 

or promulgated rules at the following address: 

http://www.epa.gov/ttn/oarpg/. The TTN provides information and

technology exchange in various areas of air pollution control.

C. Judicial Review

Under the CAA section 307(b)(1), judicial review of this

final rule is available only by filing a petition for review in 

the U.S. Court of Appeals for the District of Columbia Circuit 

by May 20, 2011. Under CAA section 307(d)(7)(B), only an 

objection to this final rule that was raised with reasonable 

specificity during the period for public comment can be raised 

during judicial review.

Under CAA section 307(b)(2), the requirements established

by this final rule may not be challenged separately in any civil 

or criminal proceedings brought by EPA to enforce these 

requirements.

II. Background Information
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release 

During Review***

Page 13 of 137

Section 112(d) of the CAA requires the EPA to establish 

NESHAP for both major and area sources of HAP that are listed 

for regulation under CAA section 112(c). A major source is any 

stationary source that emits or has the potential to emit 10 tpy 

or more of any single HAP or 25 tpy or more of any combination 

of HAP. An area source is a stationary source that is not a 

major source.

On March 21, 2011 (76 FR 15554), the EPA issued the NESHAP 

for industrial, commercial and institutional area source boilers 

pursuant to CAA sections 112(c)(3), 112(c)(6), and 112(k)(3)(B).

CAA section 112(k)(3)(B) directs the EPA to identify at 

least 30 HAP that, as a result of emissions from area sources, 

pose the greatest threat to public health in the largest number 

of urban areas. The EPA implemented this provision in 1999 in 

the Integrated Urban Air Toxics Strategy, (64 FR 38715, July 19, 

1999) (Strategy). Specifically, in the Strategy, the EPA 

identified 30 HAP that pose the greatest potential health threat 

in urban areas, and these HAP are referred to as the “30 urban 

HAP.” Section 112(c)(3) of the CAA requires the EPA to list 

sufficient categories or subcategories of area sources to ensure 

that area sources representing 90 percent of the emissions of 

the 30 urban HAP are subject to regulation. Under CAA section 

112(d)(5), the EPA may elect to promulgate standards or

requirements for area sources “which provide for the use of 
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release 

During Review***

Page 14 of 137

generally available control technologies (“GACT”) or management 

practices by such sources to reduce emissions of hazardous air 

pollutants.”

While GACT may be a basis for standards for most types of 

HAP emitted from area sources, CAA section 112(c)(6) requires 

that the EPA list categories and subcategories of sources

assuring that sources accounting for not less than 90 percent of 

the aggregate emissions of each of seven specified HAP are 

subject to standards under CAA sections 112(d)(2) or (d)(4), 

which require the application of the more stringent MACT. The 

seven HAP specified in CAA section 112(c)(6) are as follows: 

alkylated lead compounds, POM as PAH, hexachlorobenzene, Hg,

PCBs, 2,3,7,8-tetrachlorodibenzofurans, and 2,3,7,8-

tetrachlorodibenzo-p-dioxin.

As noted in the preamble to the final rule, (76 FR 15556, 

March 21, 2011), we listed area source industrial boilers and 

commercial/institutional boilers combusting coal under CAA 

section 112(c)(6) based on the source categories’ contribution

of mercury and POM, and under CAA section 112(c)(3) for their 

contribution of arsenic, beryllium, cadmium, lead, chromium, 

manganese, nickel, ethylene dioxide, and PCBs, as well as Hg and 

POM. We promulgated final standards for coal-fired area source 

boilers to reflect the application of MACT for Hg and POM, and 

to reflect GACT for the urban HAP other than Hg and POM. 
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release 

During Review***

Page 15 of 137

We listed industrial and commercial/institutional boilers 

combusting oil or biomass under CAA section 112(c)(3) for their 

contribution of Hg, arsenic, beryllium, cadmium, lead, chromium, 

manganese, nickel, POM, ethylene dioxide, and PCBs. For boilers 

firing oil or biomass, the final standards reflect GACT for all 

of the urban HAP.

On March 21, 2011, we also published a notice to initiate 

the reconsideration of certain aspects of the final rule for 

area source industrial, commercial and institutional boilers (76 

FR 15266). The reconsideration notice identified several 

provisions of the final rule where additional public comment was 

appropriate. The notice also identified several issues of 

central relevance to the rulemaking where reconsideration was 

appropriate under CAA section 307(d). 

Following promulgation of the final rule, the EPA also 

received petitions for reconsideration from the following 

organizations (Petitioners): American Sugar Cane League of the 

U.S.A., Alaska Oil and Gas Association, American Coke and Coal 

Chemicals Institute, American Iron and Steel Institute, American 

Petroleum Institute, Council of Industrial Boiler Owners, 

Industry Coalition (American Forest and Paper Association

(AF&PA) et. al.), National Petrochemical and Refiners 

Association, Sierra Club, and the State of Washington Department 

of Ecology. Petitioners, pursuant to CAA section 307(d)(7)(B), 
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release 

During Review***

Page 16 of 137

requested that the EPA reconsider numerous provisions in the 

rules. On December 23, 2011, the EPA granted the petitions for 

reconsideration on certain issues, and proposed certain 

revisions to the final rule in response to the reconsideration 

petitions and to address the issues that the EPA previously 

identified as warranting reconsideration. That proposal 

solicited comment on several specific aspects of the rule, 

including:

 Establishing separate requirements for seasonally operated 

boilers.

 Solicitation of new data or corrections to existing data to 

revise emission standards calculations.

 Exempting temporary boilers.

 Clarifying the initial compliance schedule for existing 

boilers subject to tune-ups.

 Defining periods of gas curtailment.

 Providing an optional CO compliance mechanism using CEMS.

 Averaging times for parameter monitoring. 

 Providing an affirmative defense for malfunction events.

 Adjusting frequency of tune-up work practices for very 

small units.
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release 

During Review***

Page 17 of 137

 Selecting a 99 percent confidence interval for setting the 

CO emission limit.

 Establishing GACT-based limits for biomass and oil-fired 

boilers.

 Scope and duration of the energy assessment and deadline 

for completing the assessment.

 Establishing GACT-based limits for PM at new oil-fired 

boilers.

 Exempting area sources from title V permitting 

requirements.

In this action, the EPA is finalizing multiple changes to 

this standard after considering public comments on the items 

under reconsideration.

III. Summary of Final Action on Reconsideration

As stated above, the December 23, 2011, proposed rule 

addressed specific issues and provisions the EPA identified for 

reconsideration. This summary of the final rule reflects the 

agency’s final action in regards to those provisions identified 

for reconsideration and on other discrete matters identified in 

response to comments or data received during the comment period. 

Information on other provisions and issues not proposed for 

reconsideration is contained in the notice and record for the 

2011 final rule (76 FR 15554, March 21, 2011).
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release 

During Review***

Page 18 of 137

A. Affected Sources

 The final rule amends 40 CFR 63.11194 to clarify that an 

unaffected gas-fired boiler is a new affected source if, after 

March 21, 2014, the owner or operator commences fuel switching 

from natural gas to solid fossil fuel, biomass or liquid fuel and 

the boiler no longer meet the definition of a gas-fired boiler.

 We are also amending 40 CFR 63.11194 to clarify that a dualfuel fired boiler meeting the definition of a gas-fired boiler 

can be classified as an existing affected oil-fired boiler and 

subject to all relevant requirements in the oil subcategory if a 

notification is submitted as an oil-fired boiler by January 20, 

2014. A dual-fuel gas-fired boiler which notifies as an existing 

oil-fired boiler under 40 CFR 63.11194 and 63.11125 must comply 

with the requirements for existing oil-fired boilers by the 

applicable compliance dates for existing oil-fired boilers. 

Further, a gas and liquid fuel fired boiler which notifies as an 

existing oil-fired boiler must conduct the tune-up while burning 

the fuel which provided the majority of the heat input in the 

previous 12 months.

B. Source Category Exclusions

This final rule amends the list of boilers excluded from 

the source category in 40 CFR 63.11195 to include certain 

boilers that may be located at an industrial, commercial or 
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release 

During Review***

Page 19 of 137

institutional area source facility. These clarifications of the 

source category are described below.

1. Electric Boilers.

The EPA is amending 40 CFR 63.11195 by adding electric 

boilers to the list of boilers not subject to subpart JJJJJJ. 

Electric boilers are defined in 40 CFR 63.11237 as follows:

Electric boiler means a boiler in which electric heating 

serves as the source of heat. Electric boilers that burn 

gaseous or liquid fuel during periods of electrical power 

curtailment of failure are included in this definition.

2. Residential Boilers.

The EPA is amending 40 CFR 63.11195 by adding residential

boilers to the list of boilers not subject to subpart JJJJJJ. We 

are clarifying that a residential boiler may be part of a 

residential combined heat and power system. Residential boilers 

are defined in 40 CFR 63.11237 as follows:

Residential boiler means a boiler used in a dwelling 

containing four or fewer family units to provide heat 

and/or hot water and/or as part of a residential combined 

heat and power system. This definition includes boilers 

used primarily to provide heat and/or hot water for a 

dwelling containing four or fewer facilities located at an 

institutional facility (e.g., university campus, military 

base, church grounds) or commercial/industrial facility 

(e.g., farm).

3. Temporary Boilers.

The EPA is amending 40 CFR 63.11195 by adding temporary 

boilers to the list of boilers not subject to subpart JJJJJJ. 

Similar to residential boilers, we did not intend to regulate
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release 

During Review***

Page 20 of 137

temporary boilers under the area source standards because they 

are not part of either the industrial boiler source category or 

the commercial/institutional boiler source category. By their 

nature of being temporary, these boilers are operating in place 

of another non-temporary boiler while that boiler is being 

constructed, replaced or repaired, in which case we would have 

counted the non-temporary boiler as one being regulated.

Additionally, the final major source rule for boilers excludes 

temporary boilers from the source category and we are now 

providing the same exclusion in the area source rule.

The definition of “temporary boiler” specifies that a 

boiler is not a temporary boiler if it remains at a location 

within the facility and performs the same or similar function 

for more than 12 consecutive months unless the regulatory agency 

approves an extension. Temporary boilers are defined in 40 CFR 

63.11237 as follows:

Temporary boiler means any gaseous or liquid fuel boiler 

that is designed to, and is capable of, being carried or 

moved from one location to another by means of, for 

example, wheels, skids, carrying handles, dollies, 

trailers, or platforms. A boiler is not a temporary boiler 

if any one of the following conditions exists:

(1) The equipment is attached to a foundation.

(2) The boiler or a replacement remains at a location 

within the facility and performs the same or similar 

function for more than 12 consecutive months, unless the 

regulatory agency approves an extension. An extension may 

be granted by the regulatory agency upon petition by the 

owner or operator of a unit specifying the basis for such a 

request. Any temporary boiler that replaces a temporary 

boiler at a location within the facility and performs the 
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release 

During Review***

Page 21 of 137

same or similar function will be included in calculating 

the consecutive time period.

(3) The equipment is located at a seasonal facility 

and operates during the full annual operating period of the 

seasonal facility, remains at the facility for at least 2 

years, and operates at that facility for at least 3 months 

each year.

(4) The equipment is moved from one location to 

another within the facility in an attempt to circumvent the 

residence time requirements of this definition.

4. Boilers with Section 3005 Permits.

The EPA is clarifying the language in 40 CFR 63.11195(c) to 

provide an exclusion stating “unless such units do not combust 

hazardous waste and combust comparable fuels” such that it 

reads: “A boiler required to have a permit under section 3005 of 

the Solid Waste Disposal Act or covered by subpart EEE of this 

part (e.g., hazardous waste boilers), unless such units do not 

combust hazardous waste and combust comparable fuels.”

5. Boilers used as Control Devices.

The EPA is clarifying the language in 40 CFR 63.11195(g) to 

clarify that any boiler that is used as a control device to 

comply with a subpart under part 60, 61, or 65 of chapter 40 is

not subject to subpart JJJJJJ provided that at least 50 percent 

of the heat input to the boiler is provided by the gas stream 

that is regulated under another subpart.

C. Emission Limits

1. Hg Emission Limit for Coal-Fired Boilers.
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release 

During Review***

Page 22 of 137

The EPA is amending the Hg emission limit for coal-fired 

boilers to 0.000022 lb per MMBtu based on a revised analysis. 

The revised analysis excludes data for a utility boiler that was 

erroneously used as the basis for the Hg emission limit included 

in the March 2011 final rule. Further discussion of this 

revision to the Hg emission limit is located in the December 23, 

2011, proposal (76 FR 80541).

2. Using the UPL for Setting CO Emission Limits. 

The EPA is amending the CO emission limit for coal-fired 

boilers to reflect a revised analysis that uses the original 99 

percent confidence level in determining the UPL. We have also 

removed from our analysis the data from a boiler for which only 

two test runs were completed in measuring CO emissions. The 

required number of test runs for accurately measuring emissions 

and demonstrating compliance is three test runs. Therefore, we 

determined that the datum from this unit was not representative 

and we excluded it from the data set upon which we performed the 

revised analysis. Based on the results of the revised analysis, 

we are amending the CO emission limit for new and existing coalfired boilers from 400 ppm by volume on a dry basis, corrected 

to 3 percent oxygen, to 420 ppm by volume on a dry basis, 

corrected to 3 percent oxygen.

D. Tune-up Work Practice and Management Practice Standards

1. Requirements for Seasonally Operated Boilers. 
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release 

During Review***

Page 23 of 137

The EPA is establishing separate requirements for a 

subcategory of boilers that are seasonally operated. For 

seasonally operated boilers, we are amending 40 CFR 63.11223 to 

specify that they are required to complete a tune-up every 5 

years, instead of on a biennial basis as is required for most 

non-seasonal boilers. Specifically, existing seasonal boilers 

are required to complete the initial tune-up by March 21, 2014, 

and a subsequent tune-up every 5 years after the initial tuneup. New and reconstructed seasonal boilers are not required to 

complete an initial tune-up, but are required to complete a 

tune-up every 5 years after the initial startup of the new or 

reconstructed boiler. A combined total of 15 days of periodic 

testing of the seasonal boiler during the 7-month shutdown is 

allowed. The definition of “seasonal boiler” clarifies that it 

only applies to biomass- or oil-fired boilers. Seasonally 

operated boilers are defined in 40 CFR 63.11237 as follows:

Seasonal boiler means a boiler that undergoes a shutdown 

for a period of at least 7 consecutive months (or 210 

consecutive days) each 12-month period due to seasonal 

market conditions, except for periodic testing. Periodic 

testing shall not exceed a combined total of 15 days during 

the 7-month shutdown. This definition only applies to 

boilers that would otherwise be included in the biomass 

subcategory or the oil subcategory.

2. Requirements for Small Oil-Fired Units.

The EPA is establishing separate requirements for a subset 

of oil-fired boilers with a heat input capacity of equal to or 
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release 

During Review***

Page 24 of 137

less than 5 MMBtu/hr. We are amending 40 CFR 63.11223 to specify 

that this subset of small oil-fired boilers are required to 

complete a tune-up every 5 years, instead of on a biennial basis 

as is required for most larger oil-fired boilers. Specifically, 

existing oil-fired boilers with a heat input capacity of equal 

to or less than 5 MMBtu/hr are required to complete the initial 

tune-up by March 21, 2014, and a subsequent tune-up every 5

years after the initial tune-up. New and reconstructed oil-fired 

boilers with a heat input capacity of equal to or less than 5 

MMBtu/hr are not required to complete an initial tune-up, but 

are required to complete a tune-up every 5 years after the 

initial startup of the new or reconstructed boiler.

3. Requirements for Boilers with Oxygen Trim Systems.

The EPA is establishing separate requirements for boilers 

with oxygen trim systems that maintain an optimum air-to-fuel 

ratio. We are amending 40 CFR 63.11223 to specify that this 

subset of boilers are required to complete a tune-up every 5 

years. Specifically, existing boilers with oxygen trim systems 

are required to complete the initial tune-up by March 21, 2014, 

and a subsequent tune-up every 5 years after the initial tuneup. New and reconstructed boilers with oxygen trim systems are 

not required to complete an initial tune-up, but are required to 

complete a tune-up every 5 years after the initial startup of 

the new or reconstructed boiler.
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release 

During Review***

Page 25 of 137

E. Energy Assessment Work Practice and Management Practice 

Standards

1. Scope.

The EPA is amending the definition of “energy assessment” 

to clarify that the scope of the energy assessment does not 

encompass energy use systems located off-site or energy use 

systems using electricity purchased from an off-site source. The 

energy assessment is limited to only those energy use systems, 

located on-site, associated with the affected boilers. We are 

also clarifying that the scope of the assessment is based on 

energy use by discrete segments of a facility and not by a total 

aggregation of all individual energy using segments of a 

facility.

The definition of “boiler system” is being revised in the 

final rule to clarify that it means the boiler and associated 

components directly connected to and serving the energy use 

systems. We are amending the definition of “energy use system” 

to clarify that energy use systems are only those systems using 

energy clearly produced by affected boilers. We are also 

revising the definition of “qualified energy assessor” such that 

the assessor is only required to have knowledge and capabilities 

specific to the processes at the facility and that the qualified 

energy assessor may be a company employee or an outside 

specialist.
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release 

During Review***

Page 26 of 137

We are clarifying that energy assessor approval and 

qualification requirements are waived in instances where past or 

amended energy assessments are used to meet the energy 

assessment requirements. Finally, we are specifying that a 

source operating under an energy management program developed 

according to the ENERGY STAR guideline for energy management, 

DOE Save Energy Now, or ISO 50001 compatible energy management 

systems, that includes the affected boilers, is allowed as an 

alternative to a one-time energy assessment.

2. Compliance Date. 

As specified in 40 CFR 63.11196(a)(3), existing boilers 

that are subject to the energy assessment requirement must 

achieve compliance with the energy assessment requirement no 

later than March 21, 2014. Thus, in order to meet the 

requirements of the rule, energy assessments must, therefore, be 

completed by the compliance date (March 21, 2014) for existing 

sources.

3. Maximum Duration Requirements.

The EPA is amending the definition of “energy assessment” 

for facilities with affected boilers using less than 0.3 TBtu/yr 

and for facilities with affected boilers using 0.3 to 1 TBtu/yr 

to change the maximum time to conduct the energy assessment from 

one day to 8 on-site technical hours and from three days to 24 

on-site technical hours, respectively, and to allow sources to 
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release 

During Review***

Page 27 of 137

perform longer assessments at their discretion. We are also 

amending the definition “energy assessment” for facilities with 

affected boilers using greater than 1 TBtu/yr to specify that 

the maximum time to conduct the assessment is up to 24 on-site 

technical hours for the first TBtu/yr plus 8 on-site technical 

hours for every additional 1.0 TBtu/yr not to exceed 160 on-site 

technical hours, but may be longer at the discretion of the 

owner or operator.

F. GACT-Based Standards

1. Establishing GACT-Based Emission Limits for Biomass and OilFired Boilers. 

The EPA is not amending the GACT-based standards, as 

specified in the March 21, 2011, final rule, for biomass- and 

oil-fired boilers. Specifically, the final standards for 

biomass- and oil-fired area source boilers are based on GACT 

instead of based on MACT as were the proposed standards. Our 

rationale for the changes between proposal and promulgation for 

the biomass- and oil-fired boilers can be found in the preamble 

to the promulgated area source standards (76 FR 15565-15567 and 

15574-15575, March 21, 2011). The final standards for area 

source biomass- and oil-fired boilers require these boilers to 

meet the following standards:
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release 

During Review***

Page 28 of 137

New boilers with heat input capacity greater than 10 

MMBtu/hr that are biomass-fired or oil-fired must meet GACTbased numerical emission limits for PM.

New boilers with heat input capacity greater than 10 

MMBtu/hr that are biomass-fired or oil-fired must comply with 

work practice standards to minimize the boiler’s startup and 

shutdown periods following the manufacturer’s recommendations, 

or the manufacturer’s recommendations for a unit of similar 

design. 

Existing boilers with heat input capacity greater than 10 

MMBtu/hr that are biomass-fired or oil-fired must have a onetime energy assessment performed by a qualified energy assessor 

or must have an energy management plan under which the owner or 

operator currently operates. 

All new and existing units, regardless of size, that are 

biomass-fired or oil-fired must have a GACT-based periodic tuneup.

2. Setting GACT-Based PM Standards for New Oil-Fired Boilers. 

The EPA is not making any changes to the PM limit for new 

oil-fired boilers. New oil-fired boilers with heat input 

capacity greater than 10 MMBtu/hr must meet a GACT-based 

numerical emission limit for PM (0.03 pounds (lb) per MMBtu of 

heat input). New oil-fired units, regardless of size, must have 

a GACT-based periodic tune-up. Our rationale for finalizing 
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release 

During Review***

Page 29 of 137

GACT-based PM emissions limits can be found in the preamble to 

the promulgated area source standards (76 FR 15574, March 21, 

2011).

G. Initial Compliance

1. Demonstrating Initial Compliance. 

The EPA is amending 40 CFR 63.11210 to clarify the dates by 

which new and reconstructed boilers need to demonstrate initial 

compliance. We are amending 40 CFR 63.11210(d) to clarify that 

only boilers that are subject to emission limits for PM, Hg or 

CO in Table 1 to subpart JJJJJJ have a 180-day period after the 

applicable compliance date to demonstrate initial compliance. We 

are adding a new paragraph (e) to clarify that boilers that are 

only subject to work practice standards, emission reduction 

measures, and management practices in Table 2 to subpart JJJJJJ, 

and not subject to emission limits in Table 1, must demonstrate 

initial compliance no later than the applicable compliance date.

We are also adding a new paragraph (g) to clarify that 

boilers that switch fuels that result in the applicability of a 

different subcategory must demonstrate initial compliance with 

the applicable standards of the new subcategory no later than 

180 days after the date upon which the fuel switch is commenced 

as identified in the notification submitted according to 40 CFR 

63.11225(g).
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release 

During Review***

Page 30 of 137

2. Schedule for Existing Boilers Subject to Tune-up 

Requirements. 

The EPA is amending 40 CFR 63.11196 to specify that all 

existing boilers subject to the tune-up requirement would have 3 

years (by March 21, 2014) in which to demonstrate initial 

compliance, instead of 1 year as specified in the 2011 final 

rule (76 FR 15554, March 21, 2011) or 2 years as specified in 

the proposed reconsideration of final rule action (76 FR 80532, 

December 23, 2011). In the December 23, 2011, proposal, we 

specifically requested comment on whether the initial compliance 

period for the tune-up requirement should be extended to 3 

years.

3. Conducting Initial Tune-ups at New and Reconstructed Sources. 

The EPA is removing the requirement for an initial tune-up 

for new and reconstructed boilers. Thus, new and reconstructed 

units are required to complete the applicable biennial or 5-year 

tune-up no later than 25 months or 61 months, respectively, 

after the initial startup of the new or reconstructed boiler.

4. Fuel Requirements. 

The EPA is amending 40 CFR 63.11223(b) to specify that 

boiler tune-ups must be conducted while burning the type of fuel 

that provided the majority of the heat input to the boiler over 

the 12 months prior to the tune-up.

H. Operating Limits
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release 

During Review***

Page 31 of 137

1. Operating Limits for Oxygen Concentration. 

The EPA is clarifying that the oxygen concentration must be 

at or above the minimum established during a performance stack 

test. These limits have also been clarified to be applicable 

when the unit is firing the fuel or fuel mixture utilized during 

the CO performance test.

2. Maximum Operating Load. 

The EPA is including provisions for establishing a unitspecific limit for maximum operating load that apply to any 

boiler subject to an emission limit for which compliance is 

demonstrated by a performance stack test. Operating load data 

includes fuel feed rate data or steam generation rate data.

3. Establishing Operating Limits for Wet Scrubbers. 

The EPA is amending the operating limit provisions in 40 

CFR 63.11211(b)(2) for an ESP operated with a wet scrubber to 

remove the statement that the operating limits for ESP do not 

apply to dry ESP systems operated without a wet scrubber.

I. Continuous Compliance

1. CO Emission Limit.

The rule requires sources subject to a CO emission limit to 

demonstrate compliance by measuring CO emissions while also 

monitoring the oxygen content of the exhaust. We are amending 

the monitoring requirements in 40 CFR 63.11224(a) to allow 

sources subject to a CO emission limit the option to install, 
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release 

During Review***

Page 32 of 137

operate, and maintain a CO and oxygen CEMS. The CEMS must be 

installed, operated and maintained according to Performance 

Specifications 3 and 4A at 40 CFR part 60, appendix B, and 

according to the site-specific monitoring plan that each 

facility is required to develop. The CEMS will also be required 

to complete a performance evaluation, also according to 

Performance Specifications 3 and 4A. 

Sources have the option to demonstrate continuous 

compliance by monitoring both CO and oxygen using a CEMS to 

demonstrate compliance with the CO emission limit, corrected to 

3 percent oxygen, or monitoring and complying with an oxygen 

content operating limit that is established during the 

performance stack test. Sources that use a CO and oxygen CEMS 

are exempt from initial CO performance testing and oxygen 

content operating limit requirements. Sources that choose to 

demonstrate continuous compliance by monitoring and complying 

with an oxygen content operating limit must install, operate, 

and maintain an oxygen analyzer system with the oxygen level set 

at or above the minimum percent oxygen by volume that is 

established as the operating limit for oxygen when firing the 

fuel or fuel mixture utilized during the most recent CO 

performance stack test. We have removed the requirement that the 

oxygen monitor be located at the outlet of the boiler, so that 
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release 

During Review***

Page 33 of 137

it can be located either within the combustion zone or at the 

outlet as a flue gas oxygen monitor.

We are amending the oxygen monitoring requirements to allow 

for the use of oxygen trim systems and have included oxygen trim 

systems in the definition of “oxygen analyzer system.” We have 

clarified that operation of oxygen trim systems to meet the 

oxygen monitoring requirements shall not be done in a manner 

that compromises furnace safety. The definitions of “oxygen 

analyzer system” and “oxygen trim system” in 40 CFR 63.11237 

read as follows:

 Oxygen analyzer system means all equipment required to 

determine the oxygen content of a gas stream and used to 

monitor oxygen in the boiler flue gas, boiler firebox, or 

other appropriate intermediate location. This definition 

includes oxygen trim systems. The source owner or operator 

must install, calibrate, maintain, and operate the oxygen 

analyzer system in accordance with the manufacturer’s 

recommendations.

 Oxygen trim system means a system of monitors that is used 

to maintain excess air at the desired level in a combustion 

device. A typical system consists of a flue gas oxygen 

and/or carbon monoxide monitor that automatically provides 

a feedback signal to the combustion air controller.

2. Tune-up Standards.

The EPA is amending the requirements for demonstrating 

continuous compliance with the work practice and management 

practice tune-up standards in 40 CFR 63.11223 to clarify that CO 

measurements that are required before and after tune-up 

adjustments may be taken using a portable CO analyzer. We are 
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release 

During Review***

Page 34 of 137

clarifying that the requirement to inspect the system 

controlling the air-to-fuel ratio may be delayed until the next 

scheduled shutdown, but must be inspected at least once every 36 

months.

3. Performance Testing Frequency.

The EPA is amending 40 CFR 63.11220(b) to specify that the 

owner or operator of an affected oil-fired boiler does not need 

to conduct further PM emissions testing if, when demonstrating 

initial compliance with the PM emission limit, the performance 

test results show that the PM emissions are equal to or less 

than half of the PM emission limit. The owner or operator must 

continue to comply with all applicable operating limits and 

monitoring requirements.

If the initial performance test results show that the PM 

emissions are greater than half of the PM emission limit, the 

owner or operator must conduct subsequent performance tests as 

specified in 40 CFR 63.11220(a).

4. Fuel Analysis. 

The EPA is amending 40 CFR 63.11220(c) to specify that the 

owner or operator does not need to conduct further fuel analysis 

sampling if, when demonstrating initial compliance with the Hg

emission limit, the Hg constituents in the fuel or fuel mixture 

are measured to be equal to or less than half of the Hg emission 
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release 

During Review***

Page 35 of 137

limit. The owner or operator must continue to comply with all 

applicable operating limits and monitoring requirements.

When demonstrating initial compliance with the Hg emission 

limit, if the Hg constituents in the fuel or fuel mixture are 

greater than half of the Hg emission limit, the owner or 

operator must conduct quarterly sampling.

5. Averaging Times.

The EPA is amending the averaging time for parameter 

monitoring and compliance with operating limits to a 30-day 

rolling average.

The EPA is revising the definitions of “30-day rolling 

average” and “daily block average” to exclude periods of startup 

and shutdown or downtime in the calculation of the arithmetic 

mean.

6. Monitoring Data. 

The EPA is clarifying in 40 CFR 63.11221 the monitoring 

data collection requirements and the meaning of a “deviation” 

with respect to collecting monitoring data.

J. Periods of Startup, Shutdown and Malfunction

We are not changing the malfunction provisions in the March 

2011 final rule.

1. Definitions. 

The EPA is revising the definitions of “startup” and 

“shutdown” such that they are tailored for industrial boilers 
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release 

During Review***

Page 36 of 137

and are consistent with the definitions of “startup” and 

“shutdown” in the 40 CFR part 63, subpart A General Provisions. 

The revised definitions reflect the fact that industrial boilers 

function to provide steam or, in the case of cogeneration units, 

electricity, and, thus, should be considered to be operating 

normally at all times steam of the proper pressure, temperature, 

and flow rate is being provided for use as process steam or for 

the cogeneration of electricity.

2. Compliance with Operating Limits. 

The EPA has clarified that operating limits must be met at 

all times except during periods of startup and shutdown.

3. Minimization of Startup and Shutdown Periods. 

The EPA is amending 40 CFR 63.11223(e) to include biomassand oil-fired boilers in the requirement to minimize the time 

spent in startup and shutdown periods.

4. Affirmative Defense Language. 

In this final rule, the EPA is updating the affirmative 

defense provisions for malfunctions that were included in the 

March 21, 2011 final rule.

K. Notification, Recordkeeping and Reporting Requirements

The EPA is amending 40 CFR 63.11225(c)(2) to specify that 

records of fuel use and type are required only for boilers that 

are subject to numerical emission limits. We are also amending 

40 CFR 63.11223(b) to clarify that the type and amount of fuel 
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release 

During Review***

Page 37 of 137

needs to be included in reports only if the boiler was 

physically and legally capable of using more than one type of 

fuel during that time period. Finally, we are specifying that 

for units sharing a fuel meter, the fuel use by each boiler may 

be estimated.

The EPA is amending 40 CFR 63.11225(b) to clarify the 

requirements for submitting a biennial or 5-year report for 

units that are only subject to tune-up requirements and to 

specify the information that must be included in the annual, 

biennial, or 5-year compliance report.

We are amending 40 CFR 63.11225(c)(2) to specify that a 

copy of the energy assessment and records documenting the days 

of operation for each boiler that meets the definition of a 

seasonal boiler must be maintained. We are also amending 40 CFR 

63.11214(c) to remove the requirement for submitting, upon 

request, the energy assessment.

We are revising 40 CFR 63.11225(d) to remove the 

requirement that the most recent 2 years of records be 

maintained on site and are adding language that allows for 

computer access or other means of immediate access of records 

stored in a centralized location.

We are revising 40 CFR 63.11225(g) to add any physical 

change that may result in the applicability of a different 

subcategory to the notification requirement. We are also 
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release 

During Review***

Page 38 of 137

revising 40 CFR 63.11225(g) to specify that the notification 

must be provided within 30 days of switching fuels or making a 

physical change that resulted in the applicability of a 

different subcategory or a switch out of subpart JJJJJJ.

L. Title V Permitting Requirements

For the reasons stated in our March 21, 2011, final rule 

(76 FR 15554) as well as our reconsideration proposal (76 FR 

80532, December 23, 2011), the EPA is not making any changes to 

the title V exemption for natural and synthetic area sources. 

Thus, no area sources subject to subpart JJJJJJ are required to 

obtain a title V permit as a result of being subject to subpart 

JJJJJJ.

Facilities that are synthetic area sources for HAP under 

subpart JJJJJJ may already be covered by a title V permit or may 

be required to obtain a title V permit in the future. For 

example, area source boilers could be major sources of non-HAP 

pollutants or could be located at sources that are subject to 

title V. Thus, the title V exemption in subpart JJJJJJ does not 

affect whether or not these area sources under subpart JJJJJJ 

are otherwise required to obtain a permit under part 70 or part 

71. See 40 CFR 70.3(a) and (b) or 71.3(a) and (b). 

Moreover, it is important to note that synthetic area 

sources under subpart JJJJJJ could be subject to more stringent 

permitting and monitoring requirements than natural area sources 
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release 

During Review***

Page 39 of 137

if federally-enforceable controls are applied in order for the 

source to become a synthetic area source.

M. Definition of Period of Gas Curtailment or Supply 

Interruption

We are amending the definition of “period of natural gas 

curtailment or supply interruption” in 40 CFR 63.11237 to 

clarify that a curtailment does not include normal market 

fluctuations in the price of gas that are not associated with 

periods of supplier delivery restrictions. We are also amending 

the definition to indicate that periods of supply interruption 

that are beyond control of the facility can also include on-site 

natural gas system emergencies and equipment failures, and that 

legitimate periods of supply interruption are not limited to 

off-site circumstances. We are revising the term and the 

definition so that it includes the curtailment of any gaseous 

fuel, and is not limited to just natural gas. Finally, we are 

clarifying that the supply of gaseous fuel is to an “affected 

boiler” rather than “affected facility“ and that the supply of 

gaseous fuel is “restricted” rather than “halted” for reasons 

beyond the control of the facility. The definition is amended to 

read as follows:

Period of gas curtailment or supply interruption means a 

period of time during which the supply of gaseous fuel to 

an affected boiler is restricted for reasons beyond the 

control of the facility. The act of entering into a 

contractual agreement with a supplier of natural gas 
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release 

During Review***

Page 40 of 137

established for curtailment purposes does not constitute a 

reason that is under the control of a facility for the 

purposes of this definition. An increase in the cost or 

unit price of natural gas due to normal market fluctuations 

not during periods of supplier delivery restriction does 

not constitute a period of natural gas curtailment or 

supply interruption. On-site gaseous fuel system 

emergencies or equipment failures may qualify as periods of 

supply interruption when the emergency or failure is beyond 

the control of the facility.

N. Other Miscellaneous Technical Corrections

In addition to the above summary of the EPA’s final action 

regarding provisions identified for reconsideration and on other 

discrete matters identified in response to comments or data 

received during the comment period, other definitional and 

regulatory text revisions are being made. These clarifications 

will help affected sources determine their applicability and 

better understand the rule requirements. In some instances, 

definitions and regulatory text have been revised or added to 

correspond with other related rules, especially the emission 

standards for industrial, commercial, and institutional boilers 

at major sources of HAP (40 CFR part 63, subpart DDDDD. Section 

IV of this preamble includes additional details regarding these 

miscellaneous technical corrections.

IV. Summary of Significant Changes Since Proposed Action on 

Reconsideration

Numerous changes are being made to the final rule based on 

the public comments received. Most are editorial changes to 
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release 

During Review***

Page 41 of 137

clarify applicability and implementation issues raised by the 

commenters. The public comments received on the proposed changes 

and the responses to them can be viewed in the memorandum 

“Response to Comments for Industrial, Commercial, and 

Institutional Area Source Boilers National Emission Standards 

for Hazardous Air Pollutants” located in the docket.

A. Applicability

Since proposal, changes to the applicability of this final 

rule have been made.

1. Dual-Fuel Fired Boilers.

 The March 2011 final rule includes as a new affected source 

a boiler that commences fuel switching from natural gas to solid 

fossil fuel, biomass, or liquid fuel after June 4, 2010. For 

example, if an unaffected gas-fired boiler currently burns oil as 

allowed under the definition of gas-fired boiler, but after June 

4, 2010 burns oil for reasons not allowed under the definition of 

gas-fired, these boilers would become new affected units under 40 

CFR 63.11194(d), and must meet the compliance dates as specified 

in 40 CFR 63.11196(b) and (c) for new affected oil-fired boilers.

The EPA has been made aware that many dual-fuel fired units 

presently burn primarily natural gas with limited or no amounts 

of oil, but these units may want to burn oil in the future for 

reasons not allowed under subpart JJJJJJ’s definition of gasfired (e.g. cost). We know of at least one state agency that has 
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release 

During Review***

Page 42 of 137

provided written guidance that an existing dual fuel gas-fired 

boiler that wants to avoid being subject to the new source 

requirements should notify as an existing oil-fired unit. We 

agree that this is the EPA’s intent. The EPA’s intent with 

respect to compliance requirements in these instances, however, 

was not clear in the 2011 final rule. In at least one instance, 

the guidance provided was that these units are not required to 

comply with the oil-fired subcategory provisions of the rule 

until they start burning oil for reasons not allowed under the 

definition of gas-fired. This does not reflect the EPA’s intent.

As a result of this lack of clarity, one EPA regional office is 

receiving revised notifications from sources that are requesting 

to retract their initial notification and now notify as existing 

oil-fired units. In this final rule, the EPA is providing 

clarification of compliance requirements for these dual fuel 

fired boilers.

 Because the March 2011 final rule does not make it clear 

that we intend fuel switching to include the situation where a 

dual-fuel fired (oil and gas) boiler switches from being an 

unaffected gas-fired boiler to an affected oil-fired boiler, we 

are amending the rule to allow these sources until the initial

compliance date to switch fuels and still be considered an 

existing boiler. In this final rule, we are also clarifying the 

fuel switching notification requirements in the rule.
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release 

During Review***

Page 43 of 137

Specifically, this final rule amends 40 CFR 63.11194 to clarify 

that an unaffected gas-fired boiler is a new affected source if, 

after March 21, 2014, the owner or operator commences fuel 

switching from natural gas to solid fossil fuel, biomass or 

liquid fuel and the boiler no longer meet the definition of a 

gas-fired boiler. We are also amending 40 CFR 63.11194 to clarify 

that a dual-fuel fired boiler meeting the definition of a gasfired boiler can be classified as an existing affected oil-fired 

boiler and subject to all relevant requirements in the oil 

subcategory if a notification is submitted as an oil-fired boiler 

by January 20, 2014 (60 days prior to the March 21, 2014 

compliance date). A dual-fuel gas-fired boiler which notifies as 

an existing oil-fired boiler under 40 CFR 63.11194 and 63.11125 

must comply with the requirements for existing oil-fired boilers 

as specified in 40 CFR 63.11196 by the applicable compliance 

dates for existing oil-fired boilers. Further, a gas and liquid 

fuel fired boiler which notifies as an existing oil-fired boiler 

must conduct the tune-up while burning the fuel which provided 

the majority of the heat input in the previous 12 months as 

specified in 40 CFR 63.11223(a).

2. Residential Boilers.

One commenter suggested that the definition of “residential 

boiler” be revised to acknowledge the use of combined heat and 

power systems which function with heat and/or hot water systems. 
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release 

During Review***

Page 44 of 137

The EPA agrees and is amending the definition in the final rule 

to clarify that a boiler that operates as part of a residential 

combined heat and power system (and that meets other 

definitional requirements) is a residential boiler.

3. Temporary Boilers. 

One commenter supported the EPA’s 12-month threshold above 

which the boiler would no longer be considered temporary but 

pointed out that a boiler used on a temporary basis during 

construction of a commercial building may be needed for more 

than 12 months due to the length of the construction period. The 

commenter suggested that the definition of temporary boiler be

revised to allow owners or operators to petition for an 

extension beyond 12 months. We agree with the commenter and are 

amending the definition in the final rule to allow an owner or 

operator to submit to their regulatory agency a petition for an 

extension beyond 12 months. Another commenter suggested that the 

EPA expand on the intent of “location” in the definition of 

“temporary boiler. We are amending the definition to clarify 

that “location” means “location within the facility.”

4. Seasonal Boilers. 

Several commenters explained that boilers subject to semiannual testing requirements would not meet the proposed 7 

consecutive month shutdown criteria, but otherwise would be 

considered seasonal boilers. Commenters suggested that seasonal 
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release 

During Review***

Page 45 of 137

boiler be defined to allow periodic testing during the 7-month 

shutdown period. We agree with the commenters and are revising 

the definition of seasonal boiler in the final rule to allow for 

a combined total of 15 days of use during the shutdown period 

for periodic testing.

Another commenter pointed out that the EPA’s seasonal 

boiler definition, as proposed, would potentially allow more 

regular use. The commenter specifically suggested that the 

definition be revised to clarify that there must be a 7 

consecutive month shutdown every 12 months. It was the EPA’s 

intent that the shutdown period of at least 7 consecutive months 

be on a 12-month basis. In response to this comment, we are 

clarifying in the definition of seasonal boiler that the 

shutdown must be for a period of at least 7 consecutive months 

(or 210 consecutive days) each 12-month period.

B. Tune-Up Requirements 

1. Boilers with Oxygen Trim Systems.

In the final rule, the EPA is adding to the types of 

boilers that must conduct a tune-up every 5 years boilers that 

have an oxygen trim system that maintain an optimum air-to-fuel 

ratio. These units do not need to be tuned as frequently as 

other types of boilers because the trim system is designed to 

maintain an optimum air to fuel ratio which is the purpose of a 

tune-up.
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release 

During Review***

Page 46 of 137

2. Initial Compliance for Existing Boilers.

The EPA is revising the initial compliance date for 

existing boilers subject to the work practice or management 

practice standard of a tune-up. Under the proposed rule, owners 

and operators of existing affected boilers would have had to 

comply with the final rule by March 21, 2013. We also solicited 

comments on whether to extend the compliance date to March 21, 

2014. We received no comments objecting to either of these 

dates. Support for an extension until 2014 came from a variety 

of stakeholders affected by the rule. Therefore, the final rule 

requires that if you own or operate an existing boiler subject 

to a work practice or management practice standard of a tune-up,

you must comply with the final rule no later than March 21, 

2014.

C. Energy Assessment

The EPA received a number of comments regarding the energy 

assessment requirements and in the final rule is making a series 

of changes to the energy assessment provisions and related 

definitions that clarify terms used and better set the scope of 

the assessment.

In the final rule, we are revising the definition of energy 

assessment by providing a duration for performing the energy 

assessment for numbered paragraph (3) in the definition of 

"energy assessment" in 40 CFR 63.11237 for facilities with units 
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release 

During Review***

Page 47 of 137

using greater than 1 TBtu/yr to specify time duration/size ratio 

and are including a cap to the maximum number of on-site 

technical hours that should be used in the energy assessment. 

The energy assessment for facilities with affected boilers and 

process heaters using greater than 1.0 TBtu/yr will be up to 24 

on-site technical labor hours in length for the first TBtu/yr 

plus 8 technical labor hours for every additional 1.0 TBtu/yr 

not to exceed 160 technical hours, but may be longer at the 

discretion of the owner or operator.

The revised definition of energy assessment also clarifies 

our intentions that the scope of assessment is based on energy 

use by discrete segments of a facility and not by a total 

aggregation of all individual energy using elements of a 

facility. The applicable discrete segments of a facility could 

vary significantly depending on the site and its complexity. We 

are adding the following language, as paragraph (4), to the 

“energy assessment” definition to help resolve current problems 

and allow for more streamlined assessments:

"(4) The on-site energy use systems serving as the basis 

for the percent of affected boiler(s) energy output in (1), (2), 

and (3) above may be segmented by production area or energy use 

area as most logical and applicable to the specific facility 

being assessed (e.g., product X manufacturing area; product Y 

drying area; Building Z)."
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release 

During Review***

Page 48 of 137

We are revising 40 CFR 63.11201 and Table 2 of the final 

rule to allow a source that is operating under an energy 

management program developed according to the ENERGY STAR 

guideline for energy management, DOE Save Energy Now, or ISO 

50001 compatible energy management systems, that includes the 

affected units, to satisfy the energy assessment requirement. In 

addition, we are clarifying that energy assessor approval and 

qualification requirements are waived in instances where past or 

amended energy assessments are used to meet the energy 

assessment requirements.

The definition of “boiler system” is being revised in the 

final rule to clarify that it means the boiler and associated 

components directly connected to and serving the energy use 

systems.

The definition of “energy use system” is also being revised 

in the final rule to clarify that energy use systems are only 

those on-site systems using energy clearly produced by affected 

boilers.

The definition of “qualified energy assessor” is being

revised in the final rule to be more general such that the 

assessor is only required to have knowledge and capabilities 

specific to the processes at the site and, to clarify, that 

qualified energy assessors may be company employees or outside 

specialists.
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release 

During Review***

Page 49 of 137

D. Clarification of Oxygen Concentration Operating Limits

We are clarifying in the final rule that operating limits 

for oxygen concentration must be at or above the minimum 

established during a performance stack test. We are also 

clarifying that these limits are applicable when the unit is 

firing the fuel or fuel mixture utilized during the CO 

performance test.

E. Definitions Regarding Averaging Times

The EPA received comments requesting that we clarify that 

periods of startup and shutdown are excluded from calculation of 

the arithmetic mean in the definitions of “30-day rolling 

average” and “daily block average.” We agree with the commenters 

and are revising the definitions in the final rule accordingly.

F. Continuous Compliance

We solicited comment on the requirements for demonstrating 

continuous compliance with the work practice and management 

practice tune-up standards, with one focus on clarifying how to 

measure CO. Commenters requested that we clarify that CO 

measurements may be taken with a portable CO analyzer. We agree 

that this clarification is appropriate and are including this 

clarification in the final rule.

G. Fuel Sampling Frequency

The EPA is amending the fuel sampling requirements in 40 

CFR 63.11220(c) because we realized that when performance stack 
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release 

During Review***

Page 50 of 137

testing requirements were revised in the March 2011 final rule 

we neglected to revise the fuel analysis requirements. In the 

final rule, we are specifying that the owner or operator does 

not need to conduct further fuel analysis sampling if, when 

demonstrating initial compliance with the Hg emission limit, the 

Hg constituents in the fuel or fuel mixture are measured to be 

equal to or less than half of the Hg emission limit. If, when 

demonstrating initial compliance, the Hg constituents in the 

fuel or fuel mixture are greater than half of the Hg emission 

limit, the owner or operator must conduct quarterly sampling.

H. Performance Testing Frequency.

The EPA is amending the PM performance testing requirements 

in 40 CFR 63.11220(b) to specify that the owner or operator of 

an affected oil-fired boiler does not need to conduct further PM 

emission testing if, when demonstrating initial compliance with 

the PM emission limit, the performance test results show that 

the PM emissions are equal to or less than half of the PM

emission limit. The owner or operator must continue to comply 

with all applicable operating limits and monitoring 

requirements. If the initial performance test results show that 

the PM emissions are greater than half of the PM emission limit, 

the owner or operator must conduct subsequent performance tests 

as specified in 40 CFR 63.11220(a).
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release 

During Review***

Page 51 of 137

With respect to the reconsideration issue regarding the 

GACT-based PM standards for new oil-fired boilers, we received 

comments asserting that the most effective control strategy for 

small oil-fired boilers is the tune-up required by the standards 

and that establishing a PM limit for those boilers between 10 

MMBtu/hr and 30 MMBtu/hr just ensures that those boilers will do 

stack testing demonstrating that the boilers are in compliance 

without the need for controls; a fact already known. Commenters 

also asserted that establishing a PM limit imposes a stack test 

obligation on small facilities with the least resources to deal 

with the testing.

We have reviewed the comments and are not eliminating or 

revising the PM limit for new oil-fired boilers with heat input 

capacity between 10 MMBtu/hr and 30 MMBtu/hr. We do, however,

believe that adjustments to the PM performance test frequency as 

described above are appropriate for oil-fired boilers that 

demonstrate during their initial performance test that their PM 

emissions are equal to or less than half of the PM limit. Owners

or operators of oil-fired boilers whose initial performance test 

results show that their PM emissions are equal to or less than 

half of the PM emission limit and, thus, do not need to conduct 

further PM emissions testing, must continue to comply with all 

applicable operating limits and monitoring requirements to 

ensure that there are no changes in operation of the boiler or 
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release 

During Review***

Page 52 of 137

air pollution control equipment that could increase emissions.

This adjustment in PM performance test frequency will 

potentially reduce the burden on small entities operating oilfired boilers that meet the adjustment criteria. 

I. Startup and Shutdown Definitions

A number of commenters indicated that the proposed load 

specifications (i.e., 25 percent load) within the definitions of 

“startup” and “shutdown” were inconsistent with either safe or 

normal (proper) operation of the various types of boilers 

encountered within the source category. As the basis for 

defining periods of startup and shutdown, a number of commenters

suggested alternative load specifications based on the specific 

considerations of their boilers; other commenters suggested the 

achievement of various steady-state conditions.

We have reviewed these comments and believe adjustments are 

appropriate in the definition of “startup” and “shutdown.” These 

adjustments are tailored for industrial boilers and are 

consistent with the definitions of “startup” and “shutdown” 

contained in the 40 CFR part 63, subpart A General Provisions. 

We believe these revised definitions address the comments and 

are rational based on the fact that industrial boilers function 

to provide steam or, in the case of cogeneration units, 

electricity; therefore, industrial boilers should be considered 

to be operating normally at all times steam of the proper 
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release 

During Review***

Page 53 of 137

pressure, temperature and flow rate is being provided to a 

common header system or energy user(s) for use as either process 

steam or for the cogeneration of electricity. The definitions of 

“startup” and “shutdown” have been revised in the final rule as 

follows:

Startup means either the first-ever firing of fuel in a 

boiler for the purpose of supplying steam or heat for 

heating and/or producing electricity, or for any other 

purpose, or the firing of fuel in a boiler after a shutdown 

event for any purpose. Startup ends when any of the steam 

or heat from the boiler is supplied for heating and/or 

producing electricity, or for any other purpose.

Shutdown means the cessation of operation of a boiler for 

any purpose. Shutdown begins either when none of the steam

or heat from the boiler is supplied for heating and/or 

producing electricity, or for any other purpose, or at the 

point of no fuel being fired in the boiler, whichever is 

earlier. Shutdown ends when there is both no steam or heat 

being supplied and no fuel being fired in the boiler.

J. Notification of Fuel Change or Physical Change

The notification requirement in 40 CFR 63.11225(g) of the 

final rule for instances when a change in fuel or a physical 

change to a boiler results in the applicability of a different 

subcategory or a change out of subpart JJJJJJ is being revised. 

Under the proposed reconsideration action, a facility would have 

been required to provide 30 days prior notice of the date upon 

which the change was scheduled to occur. Commenters explained 

that an advanced notification requirement would delay such a 

change if the owner or operator decided to immediately make a 

change (e.g., switch to 100 percent natural gas) and could 
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release 

During Review***

Page 54 of 137

potentially restrict flexibility in manufacturing operations, 

and suggested that the owner or operator be allowed to make 

notification within 30 days after the change has occurred. We 

agree that notification within 30 days after a change that 

results in applicability of a different subcategory or a change 

out of subpart JJJJJJ will provide the EPA or state/local agency 

with the required information within a reasonable timeframe. 

Thus, in the final rule, we are requiring facilities making 

these types of changes to provide notification within 30 days 

following the change.

K. Miscellaneous Definitions

In the final action, we are clarifying a number of 

definitions to help affected sources determine their 

applicability. In some cases, definitions have been revised or 

added to correspond with those used elsewhere in related rules. 

Specifically, definitions have been added for the terms “30-day 

rolling average,” “Biodiesel,” “Calendar year,” “Daily block 

average,” “Distillate oil,” “Electric boiler,” “Electric utility 

steam generating unit (EGU),” “Energy management program,” “Load 

fraction,” “Minimum scrubber pressure drop,” “Minimum sorbent 

injection rate,” “Minimum total secondary electric power,” 

“Operating day,” “Oxygen analyzer system,” “Oxygen trim system,” 

“Process heater,” “Residential boiler,” “Residual oil,” 

“Seasonal boiler,” “Shutdown,” “Startup,” “Solid fuel,” 
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release 

During Review***

Page 55 of 137

“Temporary boiler,” “Tune-up,” “Vegetable oil,” and “Wet 

scrubber.”

Definitions revised to clarify the term include “Annual 

heat input basis,” “Bag leak detection system,” “Biomass 

subcategory,” “Boiler,” “Boiler system,” “Deviation,” “Dry 

scrubber,” “Energy assessment,” “Energy use system,” “Federally 

enforceable,” “Gas-fired boiler,” “Heat input,” “Hot water 

heater,” “Institutional boiler,” “Minimum activated carbon 

injection rate,” “Minimum scrubber liquid flow rate,” “Natural 

gas,” “Oil subcategory,” “Period of natural gas curtailment or 

supply interruption,” “Qualified Energy Assessor,” and “Waste 

heat boiler.”

V. Other Actions the EPA is Taking

Section 307(d)(7)(B) of the CAA states that “[o]nly an 

objection to a rule or procedure which was raised with 

reasonable specificity during the period for public comment 

(including any public hearing) may be raised during judicial 

review. If the person raising an objection can demonstrate to 

the Administrator that it was impracticable to raise such 

objection within such time or if the grounds for such objection 

arose after the period for public comment (but within the time 

specified for judicial review) and if such objection is of 

central relevance to the outcome of the rule, the Administrator 

shall convene a proceeding for reconsideration of the rule and 
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release 

During Review***

Page 56 of 137

provide the same procedural rights as would have been afforded 

had the information been available at the time the rule was 

proposed. If the Administrator refuses to convene such a 

proceeding, such person may seek review of such refusal in the 

United States court of appeals for the appropriate circuit (as 

provided in subsection (b)).”

As to the first procedural criterion for reconsideration, a 

petitioner must show why the issue could not have been presented 

during the comment period, either because it was impracticable 

to raise the issue during that time or because the grounds for 

the issue arose after the period for public comment (but within 

60 days of publication of the final action). The EPA is denying 

the petitions for reconsideration on a number of issues because 

this criterion has not been met. In many cases, the petitions 

reiterate comments made on the proposed June 2011 rule during 

the public comment period for that rule. On those issues, the 

EPA responded to those comments in the final rule, and made 

appropriate revisions to the proposed rule after consideration 

of public comments received. It is well established that an 

agency may refine its proposed approach without providing an 

additional opportunity for public comment. See Community 

Nutrition Institute v. Block, 749 F.2d 50, 58 (D.C. Cir. 1984) 

and International Fabricare Institute v. EPA, 972 F.2d 384, 399 

(D.C. Cir. 1992) (notice and comment is not intended to result 
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release 

During Review***

Page 57 of 137

in “interminable back-and-forth[,]” nor is agency required to 

provide additional opportunity to comment on its response to 

comments) and Small Refiner Lead Phase-Down Task Force v. EPA, 

705 F.2d 506, 547 (D.C. Cir. 1983) (“notice requirement should 

not force an agency endlessly to repropose a rule because of

minor changes”)

In the EPA’s view, an objection is of central relevance to 

the outcome of the rule only if it provides substantial support 

for the argument that the promulgated regulation should be 

revised. See Union Oil v. EPA, 821 F.2d 768, 683 (D.C. Cir. 

1987) (court declined to remand rule because petitioners failed 

to show substantial likelihood that final rule would have been 

changed based on information in petition). See also the EPA’s 

Denial of the Petitions to Reconsider the Endangerment and Cause

or Contribute Findings for Greenhouse Gases under Section 202 of 

the Clean Air Act, 75 FR at 49556, 49561 (August 13, 2010). See 

also, 75 FR at 49556, 49560 - 49563 (August 13, 2010) and 76 FR 

at 4780, 4786 - 4788 (January 26, 2011) for additional 

discussion of the standard for reconsideration under CAA section 

307(d)(7)(B).

We are denying reconsideration on the following five issues 

contained in the petitions for reconsideration because they 

failed to meet the standard described above for reconsideration 

under CAA section 307(d)(7)(B). Specifically, on these issues, 
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release 

During Review***

Page 58 of 137

the petitioner has failed to show the following: That it was 

impracticable to raise their objections during the comment 

period or that the grounds for their objections arose after the 

close of the comment period; and/or that their concern is of 

central relevance to the outcome of the rule. Therefore, the EPA 

is denying the petitions for reconsideration on the issues for 

the reasons described below.

Issue: Use of RDL is Unlawful.

The petitioner (Sierra Club) objected to the EPA 

establishing a MACT floor emission limit at a level equal to 

three times the RDL as being unlawful and arbitrary. This issue 

is not of central relevance to the outcome of this final rule. 

The final emission limits in this rule are based on the UPL at a 

confidence interval of 99 percent. The RDL analysis was not used 

in this final rule.

Issue: MACT Floor for Existing Sources Must Reflect Average 

Performance of the Top 12 Percent of Units.

The petitioner (Sierra Club) stated that the MACT floor for 

existing sources must reflect the average performance of the top 

12 percent of units. The petitioner has not demonstrated that it 

lacked the opportunity to comment on the EPA’s MACT floor 

analysis. The methods used to compute the MACT floors were 

subject to notice and comment. Rationale and responses to 

comments on the MACT floor methodology were provided at 75 FR 
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release 

During Review***

Page 59 of 137

31904, June 4, 2010; 76 FR 15571, March 21, 2011. Therefore, the 

EPA is denying the request for reconsideration.

Issue: Consider a de Minimis Size Threshold.

The petitioners (American Petroleum Institute, National 

Petrochemical and Refiners Association, Alaska Oil and Gas 

Association) requested that the EPA consider a de minimis size 

threshold using guidelines from insignificance thresholds 

authorized under CAA part 71. The EPA is denying the request for 

reconsideration on this issue. In the June 2010 proposed rule, 

it was readily apparent that we were not establishing de minimis 

size thresholds in the area source rulemaking. We received 

multiple comments on this issue and responded to them in the 

response to comments document for the March 2011 final rule. The 

issue on which petitioners seek reconsideration was one that 

could have been raised during the comment period and thus does 

not meet the requirements for reconsideration. Therefore, the 

EPA is denying this request for reconsideration.

Issue: MACT Standards Must be Set for all HAP.

The petitioner (Sierra Club) asserted that MACT standards 

must be set for all HAP including HAP not listed in CAA section 

112(c)(6). The EPA is denying the request for reconsideration on 

this issue. We disagree with the petitioner that the EPA must 

issue emission standards for all HAP. MACT standards have been 

set for Hg and CO, as a surrogate for POM emissions, but the EPA 
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release 

During Review***

Page 60 of 137

does not interpret CAA section 112(c)(6) to compel regulation of 

all HAP emitted by area sources. The EPA’s position on this 

issue was clear in the proposed rule [ADD CITE]. This commenter 

raised this issue in its comments (76 FR 15567, March 21, 2011).

Not only did the petitioner have an opportunity to present its 

theory in its comments, but also it did so.

Issue: CO is not a valid surrogate for POM.

The petitioner (Sierra Club) requested that the EPA remove 

the CO standard as a surrogate for POM and instead adopt a 

numeric limit for POM because CO is not an appropriate 

surrogate. The EPA is denying the request for reconsideration on 

this issue. While the EPA disagrees with the petitioner’s 

argument regarding the suitability of CO as a surrogate for POM, 

the petitioner has not demonstrated that it lacked the 

opportunity to comment on this issue. The EPA revised the final 

CO emission limit to ensure a more accurate correlation between 

POM and CO levels. The EPA made our position on this issue clear 

and explained the agency’s basis for concluding that CO was an 

appropriate surrogate in the proposed rule (75 FR 31900, 31904, 

June 4, 2010). The petitioner raised this issue in its comments

[ADD CITE]. Therefore, the EPA is denying the request for 

reconsideration.

VI. Impacts associated with this Final Rule
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release 

During Review***

Page 61 of 137

The amendments contained in this action are corrections 

that are intended to clarify, but not change, the coverage of 

the final rule. The clarifications and corrections should make 

it easier for owners and operators and for local and state 

authorities to understand and implement the requirements. The 

amendments will not increase the costs for the final rule but 

will result in a decrease in the burden on small facilities as a 

result of the reduction in the frequency of conducting tune-ups 

for seasonal boilers and small (equal to or less than 5 

MMBtu/hr) oil-fired boilers. Additionally, the burden will be 

reduced on facilities that currently operate under an energy 

management program developed according to the ENERGY STAR 

guideline for energy management, DOE Save Energy Now, or ISO 

50001 compatible energy management systems because a one-time 

energy assessment will not be required.

As discussed in section III, the Hg emission limits for new 

and existing large (10 MMBtu/hr or greater) coal-fired area 

source boilers were revised because of an error discovered in 

the analysis conducted for the final rule. This technical 

correction resulted in an increase in the emission limits for

Hg. Concurrently, we revised our impacts analysis to be 

consistent with changes made to the major source boiler rule. 

The baseline emissions for area sources are calculated using the 

emission factors developed for the major source rule because of 
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release 

During Review***

Page 62 of 137

insufficient data for area sources. Since promulgation, the EPA 

has received and incorporated a significant amount of additional 

data and has corrected previous calculation errors that impacted 

the emission factors used to calculate baseline emissions 

resulting in a higher baseline emission for Hg from coal-fired 

area source boilers. Consequently, the result of the increase in 

both baseline Hg emissions and Hg emission limits in this action

is that the overall reduction in Hg emissions does not change 

significantly from the estimated reduction for the promulgated 

rule. 

In summary, as compared to the control costs estimated in 

the March 2011 final rule, these amendments will result in a 

decrease in the capital and annual cost due to the increase in 

emission limits and the decrease in burden on small facilities.

VII. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review and 

Executive Order 13563: Improving Regulation and Regulatory 

Review

Under section 3(f)(1) of Executive Order 12866 (58 FR 

51735, October 4, 1993), this action is a “significant 

regulatory action” because it is likely to raise novel legal or

policy issues. Accordingly, the EPA submitted this action to the 

OMB for review under Executive Order 12866 and Executive Order 

13563 (76 FR 3821, January 21, 2011), and any changes made in 
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release 

During Review***

Page 63 of 137

response to OMB recommendations have been documented in the 

docket for this action.

B. Paperwork Reduction Act

This action does not impose an information collection 

burden. This action results in no significant changes to the 

information collection requirements of the promulgated rule and 

will have no increased impact on the information collection 

estimate of projected cost and hour burden made and approved by 

OMB. In fact, the reduction in tune-up frequency for some 

boilers will result in less information collection burden. 

Therefore, the information collection request has not been 

revised. However, the OMB has previously approved the 

information collection requirements contained in the existing 

regulation (40 CFR part 63, subpart JJJJJJ) under the provisions 

of the Paperwork Reduction Act, 44 U.S.C. 3501, et seq. and has 

assigned OMB control number 2060-0668. The OMB control numbers 

for the EPA’s regulations in 40 CFR are listed in 40 CFR part 9.

C. Regulatory Flexibility Act

The RFA generally requires an agency to prepare a 

regulatory flexibility analysis of any rule subject to notice 

and comment rulemaking requirements under the Administrative 

Procedure Act or any other statute unless the agency certifies 

that the rule will not have a significant economic impact on a 
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release 

During Review***

Page 64 of 137

substantial number of small entities.1 The RFA also allows an 

agency to “consider a series of closely related rules as one 

rule for the purposes of sections” 603 (initial regulatory 

flexibility analysis) and 604 (final regulatory flexibility 

analysis) in order to avoid “duplicative action.” 5 U.S.C. 

§605(c). These final amendments and notice of final action on 

reconsideration are closely related to the boiler area source

rule, which the EPA signed on February 21, 2011, and that took 

effect on May 20, 2011. The EPA prepared a final regulatory 

flexibility analysis in connection with the boiler area source 

rule. Therefore, pursuant to §605(c), the EPA is not required to 

complete a final regulatory flexibility analysis for this rule 

(i.e., the amendments and final action).

The EPA has been concerned with potential small entity 

impacts since it began developing the boiler area source rule. 

The EPA conducted outreach to small entities and, pursuant to 

§609 of RFA, convened a Small Business Advocacy Review Panel 

 

1 Small entities include small businesses, small organizations, 

and small governmental jurisdictions. For purposes of assessing 

the impacts of this final rule on small entities, small entity 

is defined as: (1) a small business as defined by the Small 

Business Administration size standards for small businesses at 13 

CFR 121.201 (less than 500, 750, or 1,000 employees, depending on the 

specific NAICS Code under subcategory 325); (2) a small governmental 

jurisdiction that is a government of a city, county, town, school 

district or special district with a population of less than 50,000; 

and (3) a small organization that is any not-for-profit enterprise 

that is independently owned and operated and is not dominant in its 

field.
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release 

During Review***

Page 65 of 137

(the Panel) on January 22, 2009, to obtain advice and

recommendations from small entity representatives. Pursuant to

the RFA, the EPA used the Panel’s report and prepared both an 

initial regulatory flexibility analysis and a final regulatory 

flexibility analysis in connection with the closely related

boiler area source rule. Convening an additional Panel and 

preparing an additional final regulatory flexibility analysis 

would be procedurally duplicative and is unnecessary given that 

the issues here are within the scope of those considered by the 

Panel. Finally, we note that this action, which amends the 

boiler area source rule, will not impose any additional 

regulatory requirements beyond those imposed by the previously 

promulgated boiler area source rule and, in fact, the amendments 

will afford relief to some boilers.

D. Unfunded Mandates Reform Act

This action contains no new federal mandates under the 

provisions of Title II of the UMRA of 1995, 2 U.S.C. 1531-1538 

for state, local, or tribal governments or the private sector. 

This action imposes no new enforceable duty on any state, local,

or tribal governments or the private sector. Therefore, this 

action is not subject to the requirements of sections 202 and 

205 of the UMRA.

This action is also not subject to the requirements of 

section 203 of UMRA because it contains no regulatory 
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release 

During Review***

Page 66 of 137

requirements that might significantly or uniquely affect small 

governments. This rule finalizes amendments to aid with 

compliance, but does not change the level of the standards in 

the rule.

E. Executive Order 13132: Federalism

This action does not have federalism implications. It will 

not have substantial direct effects on the states, 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 Executive Order 

13132. This final rule will not impose new direct compliance 

costs on State or local governments, and will not preempt State 

law. Thus, Executive Order 13132 does not apply to this action.

F. Executive Order 13175: Consultation and Coordination with 

Indian Tribal Governments

This final action does not have tribal implications, as 

specified in Executive Order 13175 (65 FR 67249, November 9, 

2000). It will not have substantial new direct effects on tribal 

governments, on the relationship between the federal government 

and Indian tribes, or on the distribution of power and 

responsibilities between the Federal government and Indian 

tribes, as specified in Executive Order 13175. Thus, Executive 

Order 13175 does not apply to this action.
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release 

During Review***

Page 67 of 137

G. Executive Order 13045: Protection of Children from 

Environmental Health Risks and Safety Risks

The EPA interprets Executive Order 13045 (62 FR 19885, 

April 23, 1997) as applying to those regulatory actions that 

concern health or safety risks, such that the analysis required 

under section 5-501 of the Order has the potential to influence 

the regulation. This action is not subject to Executive Order

13045 because it is based solely on technology performance. 

H. Executive Order 13211: Actions Concerning Regulations That 

Significantly Affect Energy Supply, Distribution, or Use

This action is not a “significant energy action” as defined in 

Executive Order 13211 (66 FR 28355, May 22, 2001), because it is 

not likely to have a significant adverse effect on the supply, 

distribution, or use of energy. We estimate no significant 

changes for the energy sector for price, production, or imports.

I. National Technology Transfer and Advancement Act

Section 12(d) of the NTTAA of 1995, Public Law No. 104-113, 

12(d) (15 U.S.C. 272 note) directs the EPA to use VCS in its 

regulatory activities, unless to do so would be inconsistent 

with applicable law or otherwise impractical. VCS are technical 

standards (e.g., materials specifications, test methods, 

sampling procedures, and business practices) that are developed 

or adopted by VCS bodies. NTTAA directs the EPA to provide 
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release 

During Review***

Page 68 of 137

Congress, through OMB, explanations when the agency decides not 

use available and applicable VCS.

This action does not involve any new technical standards. 

Therefore, the EPA did not consider the use of any VCS.

J. Executive Order 12898: Federal Actions to Address 

Environmental Justice in Minority Populations and Low-Income 

Populations

Executive Order 12898 (59 FR 7629, February 16, 1994) 

establishes federal executive policy on environmental justice. 

Its main provision directs federal agencies, to the greatest 

extent practicable and permitted by law, to make environmental 

justice part of their mission by identifying and addressing, as 

appropriate, disproportionately high and adverse human health or 

environmental effects of their programs, policies, and 

activities on minority populations and low-income populations in

the United States.

The EPA has determined that this final rule will not have 

disproportionately high and adverse human health or 

environmental effects on minority or low-income populations

because the level of protection provided to human health or the 

environment through the rule’s requirements does not vary. 

Therefore, it does not have any disproportionately high or 

adverse human health or environmental effects on any population, 

including any minority or low-income population.
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release 

During Review***

Page 69 of 137

K. Congressional Review Act

The Congressional Review Act, 5 U.S.C. 801 et seq., as 

added by the Small Business Regulatory Enforcement Fairness Act 

of 1996, 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 United States. The EPA 

will submit a report containing this rule and other required 

information to the U.S. Senate, the U.S. House of 

Representatives, and the Comptroller General of the United 

States prior to publication of the rule in the Federal Register. 

A Major rule cannot take effect until 60 days after it is 

published in the Federal Register. Because this action makes 

small changes to the rule and does not revise the entire rule, 

this action is not a “major rule” as defined by 5 U.S.C. 804(2). 

This rule will be effective [INSERT THE DATE OF PUBLICATION IN 

THE FEDERAL REGISTER].

List of Subjects in 40 CFR Part 63

Environmental protection, Administrative practice and 

procedure, Air pollution control, Hazardous substances.

Dated:
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release 

During Review***

Page 70 of 137

Lisa P. Jackson,

Administrator.
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release 

During Review***

Page 71 of 137

For the reasons stated in the preamble, title 40, chapter 

I, part 63 of the Code of Federal Regulations is amended as 

follows:

PART 63—-[AMENDED]

1. The authority citation for part 63 continues to read 

as follows:

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

Subpart JJJJJJ-[AMENDED]

2. Section 63.11194 is amended by revising paragraphs (d)

and (e) and adding paragraph (f) to read as follows:

§63.11195 What is the affected source of this subpart?

* * * * *

 (d) An unaffected gas-fired boiler is a new affected source 

if, after March 21, 2014, you commenced fuel switching from 

natural gas to solid fossil fuel, biomass, or liquid fuel and no 

longer meet the definition of a gas-fired boiler.

(e) A dual-fuel fired boiler meeting the definition of a 

gas-fired boiler can be classified as an existing affected oilfired boiler and subject to all relevant requirements in the oil 

subcategory if a notification is submitted as an oil-fired boiler 

by January 20, 2014.

(f) If you are an owner or operator of an area source 

subject to this subpart, you are exempt from the obligation to 

obtain a permit under 40 CFR part 70 or part 71 as a result of 
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release 

During Review***

Page 72 of 137

this subpart. You may, however, be required to obtain a title V 

permit due to another reason or reasons. See 40 CFR 70.3(a) and 

(b) or 71.3(a) and (b). Notwithstanding the exemption from title 

V permitting for area sources under this subpart, you must 

continue to comply with the provisions of this subpart.

3. Section 63.11195 is amended by revising the 

introductory text and paragraphs (c) and (g) and by adding 

paragraphs (h), (i), (j), and (k) to read as follows:

§63.11195 Are any boilers not subject to this subpart?

The types of boilers listed in paragraphs (a) through (k) 

of this section are not subject to this subpart and to any 

requirements in this subpart.

* * * * *

(c) A boiler required to have a permit under section 3005 

of the Solid Waste Disposal Act or covered by subpart EEE of 

this part (e.g., hazardous waste boilers), unless such units do 

not combust hazardous waste and combust comparable fuels.

* * * * *

(g) Any boiler that is used as a control device to comply 

with another subpart of this part, or part 60, part 61, or part 

65 of this chapter provided that at least 50 percent of the heat 

input to the boiler is provided by the gas stream that is 

regulated under another subpart.

(h) Temporary boilers as defined in this subpart.
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release 

During Review***

Page 73 of 137

(i) Residential boilers as defined in this subpart.

(j) Electric boilers as defined in this subpart.

(k) An electric utility steam generating unit as defined in 

this subpart.

4. Section 63.11196 is amended by revising paragraphs

(a)(1) and (b) to read as follows:

§63.11196 What are my compliance dates? 

(a) * * *

(1) If the existing affected boiler is subject to a work 

practice or management practice standard of a tune-up, you must 

achieve compliance with the work practice or management standard 

no later than March 21, 2014.

* * * * *

(b) If you start up a new affected source on or before May 

20, 2011, you must achieve compliance with the provisions of 

this subpart no later than May 20, 2011.

* * * * *

5. Section 63.11201 is amended by revising paragraphs (b) 

and (d) to read as follows:

§63.11201 What standards must I meet?

* * * * *

(b) You must comply with each work practice standard, 

emission reduction measure, and management practice specified in 

Table 2 to this subpart that applies to your boiler. An energy 
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release 

During Review***

Page 74 of 137

assessment completed on or after January 1, 2008 that meets or 

is amended to meet the energy assessment requirements in Table 2 

to this subpart satisfies the energy assessment requirement. A 

facility that operates under an energy management program 

developed according to the ENERGY STAR guideline for energy 

management, DOE Save Energy Now, or ISO 50001 compatible energy 

management systems, that includes the affected units, also 

satisfies the energy assessment requirement.

* * * * *

(d) These standards apply at all times the affected boiler 

is operating, except during periods of startup and shutdown as 

defined in §63.11237, during which time you must comply only 

with Table 2 to this subpart.

6. Section 63.11205 is amended by revising paragraphs 

(b), (c) introductory text, (c)(1), and (c)(1)(i) to read as 

follows:

§63.11205 What are my general requirements for complying with 

this subpart?

* * * * *

(b) You must demonstrate compliance with all applicable 

emission limits using performance testing, fuel analysis, or 

continuous monitoring systems (CMS), including a CEMS, a 

continuous opacity monitoring system (COMS), or a continuous 

parameter monitoring system (CPMS), where applicable. You may
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release 

During Review***

Page 75 of 137

demonstrate compliance with any applicable mercury emission 

limit using fuel analysis if the emission rate calculated 

according to §63.11211(c) is less than the applicable emission 

limit. Otherwise, you must demonstrate compliance using stack 

testing.

(c) If you demonstrate compliance with any applicable 

emission limit through performance stack testing and subsequent 

compliance with operating limits (including the use of CPMS), 

with a CEMS, or with a COMS, you must develop a site-specific 

monitoring plan according to the requirements in paragraphs 

(c)(1) through (3) of this section for the use of any CEMS, 

COMS, or CPMS. This requirement also applies to you if you 

petition the EPA Administrator for alternative monitoring 

parameters under §63.8(f).

(1) For each CMS required in this section (including CEMS, 

COMS, or CPMS), you must develop, and submit to the 

Administrator for approval upon request, a site-specific 

monitoring plan that addresses paragraphs (c)(1)(i) through (vi) 

of this section. You must submit this site-specific monitoring 

plan, if requested, at least 60 days before your initial 

performance evaluation of your CMS. This requirement to develop 

and submit a site specific monitoring plan does not apply to 

affected sources with existing CEMS or COMS operated according 
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release 

During Review***

Page 76 of 137

to the performance specification under Appendix B to part 60 of 

this chapter and that meet the requirements of §63.11224.

(i) Installation of the CMS 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);

* * * * *

7. Section 63.11210 is amended by revising paragraphs (b) 

and (d), by redesignating paragraph (e) as paragraph (f) and 

adding new paragraphs (e) and (g) to read as follows:

§63.11210 What are my initial compliance requirements and by 

what date must I conduct them?

* * * * *

(b) For existing affected boilers that have applicable 

emission limits, you must demonstrate initial compliance with 

the applicable emission limits no later than 180 days after the 

compliance date that is specified in §63.11196 and according to 

the applicable provisions in §63.7(a)(2).

* * * * *

(d) For new or reconstructed affected boilers that have 

applicable emission limits, you must demonstrate initial 

compliance with the applicable emission limits no later than 180 

calendar days after March 21, 2011 or within 180 calendar days 
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release 

During Review***

Page 77 of 137

after startup of the source, whichever is later, according to 

§63.7(a)(2)(ix).

(e) For new or reconstructed affected boilers that have 

applicable work practice standards or management practices, you 

are not required to complete an initial performance tune-up, but 

you are required to complete the applicable biennial or 5-year 

tune-up as specified in §63.11223 no later than 25 months or 61 

months, respectively, after the initial startup of the new or 

reconstructed affected source.

(f) For affected boilers that ceased burning solid waste 

consistent with §63.11196(d) and for which your initial 

compliance date has passed, you must demonstrate compliance 

within 60 days of the effective date of the waste-to-fuel 

switch. If you have not conducted your compliance demonstration 

for this subpart within the previous 12 months, you must 

complete all compliance demonstrations for this subpart before 

you commence or recommence combustion of solid waste.

(g) For affected boilers that switch fuels or make a 

physical modification to the boiler that result in the 

applicability of a different subcategory, you must demonstrate 

compliance within 180 days of the effective date of the fuel

switch or physical modification consistent with §63.11225(g).

8. Section 63.11211 is amended by revising paragraphs 

(a), (b)(1), and (b)(2) to read as follows:
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release 

During Review***

Page 78 of 137

§63.11211 How do I demonstrate initial compliance with the 

emission limits?

(a) For affected boilers that demonstrate compliance with 

any of the emission limits of this subpart through performance 

(stack) testing, your initial compliance requirements include 

conducting performance tests according to §63.11212 and Table 4 

to this subpart, conducting a fuel analysis for each type of 

fuel burned in your boiler according to §63.11213 and Table 5 to 

this subpart, establishing operating limits according to 

§63.11222 , Table 6 to this subpart and paragraph (b) of this 

section, as applicable, and conducting CMS performance 

evaluations according to §63.11224. For affected boilers that 

burn a single type of fuel, you are exempted from the compliance 

requirements of conducting a fuel analysis for each type of fuel 

burned in your boiler. For purposes of this subpart, boilers 

that use a supplemental fuel only for startup, unit shutdown, 

and transient flame stability purposes still qualify as affected 

boilers that burn a single type of fuel, and the supplemental 

fuel is not subject to the fuel analysis requirements under 

§63.11213 and Table 5 to this subpart.

(b) * * *

(1) For a wet scrubber, you must establish the minimum 

liquid flow rate and pressure drop as defined in §63.11237, as 

your operating limits during the three-run performance stack 
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release 

During Review***

Page 79 of 137

test. If you use a wet scrubber and you conduct separate 

performance stack tests for particulate matter (PM) and mercury 

emissions, you must establish one set of minimum scrubber liquid 

flow rate and pressure drop operating limits. If you conduct 

multiple performance stack tests, you must set the minimum 

liquid flow rate and pressure drop operating limits at the 

highest minimum values established during the performance stack 

tests.

(2) For an electrostatic precipitator operated with a wet 

scrubber, you must establish the minimum secondary voltage and 

secondary amperage (or total secondary electric power), as 

defined in §63.11237, as your operating limits during the threerun performance stack test. 

* * * * *

9. Section 63.11212 is amended by revising paragraphs (b) 

and (e) to read as follows:

§63.11212 What stack tests and procedures must I use for the 

performance tests?

* * * * *

(b) You must conduct each stack test according to the 

requirements in Table 4 to this subpart. Boilers that use a CEMS

for carbon monoxide (CO) are exempt from the initial carbon 

monoxide performance testing in Table 4 to this subpart and the 
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release 

During Review***

Page 80 of 137

oxygen concentration operating limit requirement specified in 

Table 3 to this subpart.

* * * * *

(e) To determine compliance with the emission limits, you 

must use the F-Factor methodology and equations in sections 12.2 

and 12.3 of EPA Method 19 of appendix A-7 to part 60 of this 

chapter to convert the measured PM concentrations and the 

measured mercury concentrations that result from the performance 

test to pounds (lb) per million British thermal units (MMBtu)

heat input emission rates.

10. Section 63.11214 is amended by revising paragraph (c) 

to read as follows:

§63.11214 How do I demonstrate initial compliance with the work 

practice standard, emission reduction measures, and management 

practice?

* * * * *

(c) If you own or operate an existing affected boiler with 

a heat input capacity of 10 million Btu per hour (MMBtu/hr) or

greater, you must submit a signed certification in the 

Notification of Compliance Status report that an energy

assessment of the boiler and its energy use systems was 

completed according to Table 2 to this subpart and is an 

accurate depiction of your facility.

* * * * *
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release 

During Review***

Page 81 of 137

11. Section 63.11220 is amended by revising the section 

heading and paragraphs (a), (b), and (c) and removing paragraphs 

(d), and (e). The revisions read as follows:

§63.11220 When must I conduct subsequent performance tests or 

fuel analyses?

(a) If your boiler has a heat input capacity of 10 MMBtu/hr

or greater, you must conduct all applicable performance (stack) 

tests according to §63.11212 on a triennial basis, except as 

specified in paragraphs (b) and (c) of this section. Triennial 

performance tests must be completed no more than 37 months after

the previous performance test.

(b) When demonstrating initial compliance with the PM 

emission limit, if your oil-fired boiler’s performance test 

results show that your PM emissions are equal to or less than 

half of the PM emission limit, you do not need to conduct 

further performance tests for PM but must continue to comply 

with all applicable operating limits and monitoring 

requirements. If your initial performance test results show that 

your PM emissions are greater than half of the PM emission 

limit, you must conduct subsequent performance tests as 

specified in paragraph (a) of this section.

(c) If you demonstrate compliance with the mercury emission 

limit based on fuel analysis, you must conduct a fuel analysis 

according to §63.11213 for each type of fuel burned as specified 
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release 

During Review***

Page 82 of 137

in paragraphs (c)(1) and (c)(2) of this section. If you plan to 

burn a new type of fuel or fuel mixture, you must conduct a fuel 

analysis before burning the new type of fuel or mixture in your 

boiler. You must recalculate the mercury emission rate using 

Equation 1 of §63.11211. The recalculated mercury emission rate 

must be less than the applicable emission limit.

(1) When demonstrating initial compliance with the mercury 

emission limit, if the mercury constituents in the fuel or fuel 

mixture are measured to be equal to or less than half of the 

mercury emission limit, you do not need to conduct further fuel 

analysis sampling but must continue to comply with all 

applicable operating limits and monitoring requirements.

(2) When demonstrating initial compliance with the mercury 

emission limit, if the mercury constituents in the fuel or fuel 

mixture are greater than half of the mercury emission limit, you 

must conduct quarterly sampling.

12. Section 63.11221 is amended by revising the section 

heading, and paragraphs (a) through (d) to read as follows:

§63.11221 Is there a minimum amount of monitoring data I must 

obtain? 

(a) You must monitor and collect data according to this 

section and the site-specific monitoring plan required by 

§63.11205(c). 
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release 

During Review***

Page 83 of 137

(b) You must operate the monitoring system and collect data 

at all required intervals at all times the affected source is 

operating and compliance is required, except for periods of 

monitoring system malfunctions or out-of-control periods (see 

§63.8(c)(7) of this part), repairs associated with monitoring 

system malfunctions or out-of-control periods, and required 

monitoring system quality assurance or quality control 

activities including, as applicable, calibration checks,

required zero and span adjustments, and scheduled CMS 

maintenance as defined in your site-specific monitoring plan. A 

monitoring system malfunction is any sudden, infrequent, not 

reasonably preventable failure of the monitoring system to 

provide valid data. Monitoring system failures that are caused 

in part by poor maintenance or careless operation are not 

malfunctions. You are required to complete monitoring system 

repairs in response to monitoring system malfunctions or out-ofcontrol periods and to return the monitoring system to operation 

as expeditiously as practicable.

(c) You may not use data collected during monitoring 

system malfunctions or out-of-control periods as specified in 

your site-specific monitoring plan, repairs associated with 

monitoring system malfunctions or out-of-control periods, or 

required monitoring system quality assurance or quality control 

activities in calculations used to report emissions or operating 
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release 

During Review***

Page 84 of 137

levels. Any such periods must be reported according to the 

requirements in §63.11225. You must use all the data collected 

during all other periods in assessing the operation of the 

control device and associated control system.

(d) Except for periods of monitoring system malfunctions or 

monitoring system out-of-control periods, repairs associated 

with monitoring system malfunctions or monitoring system out-ofcontrol 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 of 

the monitoring requirements.

13. Section 63.11223 is amended by revising paragraphs 

(a), (b) introductory text, (b)(3), (b)(5), (b)(6) introductory 

text, (b)(6)(iii), and (c), and adding paragraphs (d) through (f) 

to read as follows:

§63.11223 How do I demonstrate continuous compliance with the 

work practice and management practice standards?

(a) For affected sources subject to the work practice 

standard or the management practices of a tune-up, you must 

conduct a performance tune-up according to paragraph (b) of this 

section and keep records as required in § 63.11225(c) to 

demonstrate continuous compliance. You must conduct the tune-up 

while burning the type of fuel (or fuels in the case of boilers 
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release 

During Review***

Page 85 of 137

that routinely burn two types of fuels at the same time) that 

provided the majority of the heat input to the boiler over the 

12 months prior to the tune-up.

(b) Except as specified in paragraphs (c) through (f) of 

this section, you must conduct a tune-up of the boiler 

biennially to demonstrate continuous compliance as specified in 

paragraphs (b)(1) through (7) of this section. Each biennial

tune-up must be conducted no more than 25 months after the 

previous tune-up. For a new or reconstructed boiler, the first 

biennial tune-up must be no later than 25 months after the 

initial startup of the new or reconstructed boiler.

* * * * *

(3) Inspect the system controlling the air-to-fuel ratio, 

as applicable, and ensure that it is correctly calibrated and 

functioning properly (you may delay the inspection until the 

next scheduled unit shutdown, but you must inspect each system 

controlling the air-to-fuel ratio at least once every 36 

months).

* * * * *

(5) Measure the concentrations in the effluent stream of 

carbon monoxide in parts per million, by volume, and oxygen in 

volume percent, before and after the adjustments are made 

(measurements may be either on a dry or wet basis, as long as it 

is the same basis before and after the adjustments are made). 
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release 

During Review***

Page 86 of 137

Measurements may be taken using a portable carbon monoxide 

analyzer.

(6) Maintain onsite and submit, if requested by the 

Administrator, a report containing the information in paragraphs 

(b)(6)(i) through (iii) of this section.

* * * * *

(iii) The type and amount of fuel used over the 12 months 

prior to the tune-up of the boiler, but only if the unit was 

physically and legally capable of using more than one type of 

fuel during that period. Units sharing a fuel meter may estimate 

the fuel use by each unit.

* * * * *

(c) Boilers with an oxygen trim system that maintains an 

optimum air-to-fuel ratio must conduct a tune-up of the boiler 

every 5 years as specified in paragraphs (b)(1) through (7) of 

this section. Each 5-year tune-up must be conducted no more than 

61 months after the previous tune-up. For a new or reconstructed 

boiler with an oxygen trim system, the first 5-year tune-up must 

be no later than 61 months after the initial startup. You may 

delay the burner inspection specified in paragraph (b)(1) of 

this section and inspection of the system controlling the airto-fuel ratio specified in paragraph (b)(3) of this section 

until the next scheduled unit shutdown, but you must inspect 
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release 

During Review***

Page 87 of 137

each burner and system controlling the air-to-fuel ratio at 

least once every 72 months.

(d) Seasonal boilers must conduct a tune-up every 5 years 

as specified in paragraphs (b)(1) through (7) of this section. 

Each 5-year tune-up must be conducted no more than 61 months 

after the previous tune-up. For a new or reconstructed seasonal 

boiler, the first 5-year tune-up must be no later than 61 months 

after the initial startup. You may delay the burner inspection 

specified in paragraph (b)(1) of this section and inspection of 

the system controlling the air-to-fuel ratio specified in 

paragraph (b)(3) of this section until the next scheduled unit 

shutdown, but you must inspect each burner and system 

controlling the air-to-fuel ratio at least once every 72 months.

(e) Oil-fired boilers with a heat input capacity of equal 

to or less than 5 MMBtu/hr must conduct a tune-up every 5 years 

as specified in paragraphs (b)(1) through (7) of this section. 

Each 5-year tune-up must be conducted no more than 61 months 

after the previous tune-up. For a new or reconstructed oil-fired

boiler with a heat input capacity of equal to or less than 5 

MMBtu/hr, the first 5-year tune-up must be no later than 61 

months after the initial startup. You may delay the burner 

inspection specified in paragraph (b)(1) of this section and 

inspection of the system controlling the air-to-fuel ratio 

specified in paragraph (b)(3) of this section until the next 
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release 

During Review***

Page 88 of 137

scheduled unit shutdown, but you must inspect each burner and 

system controlling the air-to-fuel ratio at least once every 72 

months.

(f) If you own or operate an existing or new coal-fired 

boiler, a new biomass-fired boiler, or a new oil-fired boiler 

with a heat input capacity of 10 MMBtu/hr or greater, you must 

minimize the boiler’s time spent during startup and shutdown 

following the manufacturer’s recommended procedures and you must 

submit a signed statement in the Notification of Compliance 

Status report that indicates that you conducted startups and 

shutdowns according to the manufacturer’s recommended 

procedures.

14. Section 63.11224 is amended by deleting paragraph 

(d)(5), revising paragraphs (a) introductory text, (a)(1), 

(a)(2), (a)(5), (a)(6), (c)(1) introductory text, (c)(2) 

introductory text, (d) introductory text, (d)(1)–(4), (e) 

introductory text, (e)(6), and (f)(7), and adding paragraph 

(a)(7) to read as follows:

§63.11224 What are my monitoring, installation, operation, and 

maintenance requirements? 

(a) If your boiler is subject to a CO emission limit in 

Table 1 to this subpart, you must either install, operate, and 

maintain a CEMS for CO and oxygen according to the procedures in 

paragraphs (a)(1) through (6) of this section, or install, 
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release 

During Review***

Page 89 of 137

operate, and maintain an oxygen analyzer system as defined in 

§63.11237 according to paragraphs (a)(7) and (d) of this section

by the compliance date specified in §63.11196. Where a certified 

CO CEMS is used, the carbon monoxide level shall be monitored at 

the outlet of the boiler, after any add-on controls or flue gas 

recirculation system and before release to the atmosphere. 

Boilers that use a CO CEMS are exempt from the initial CO 

performance testing and oxygen concentration operating limit 

requirements specified in §63.11211(a) of this subpart. Oxygen 

monitors and oxygen trim systems must be installed to monitor 

oxygen in the boiler flue gas, boiler firebox, or other 

appropriate intermediate location.

(1) Each CO CEMS must be installed, operated, and 

maintained according to the applicable procedures under 

Performance Specification 4, 4A, or 4B at 40 CFR part 60, 

appendix B, and each oxygen CEMS must be installed, operated, 

and maintained according to Performance Specification 3 at 40 

CFR part 60, appendix B. Both the CO and oxygen CEMS must also 

be installed, operated, and maintained according to the sitespecific monitoring plan developed according to paragraph (c) of 

this section.

(2) You must conduct a performance evaluation of each CEMS 

according to the requirements in § 63.8(e) and according to 
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release 

During Review***

Page 90 of 137

Performance Specifications 3 and 4, 4A, or 4B at 40 CFR part 60, 

appendix B.

* * * * *

(5) You must calculate 1-hour arithmetic averages, 

corrected to 3 percent oxygen from each hour of CO CEMS data in 

parts per million CO concentrations. Calculate a 10-day rolling 

average from all of the 1-hour averages collected for the 10-day 

operating period. Use Equation 19-19 in section 12.4.1 of Method 

19 of 40 CFR part 60, appendix A-7 for calculating the average 

CO concentration from the hourly values.

(6) For purposes of collecting CO data, you must operate 

the CO CEMS as specified in §63.11221(b). For purposes of 

calculating data averages, you must use all the data collected 

during all periods in assessing compliance, except that you must 

exclude certain data as specified in §63.11221(c). Periods when 

CO data are unavailable may constitute monitoring deviations as 

specified in §63.11221(d). 

(7) You must operate the oxygen analyzer system at or above 

the minimum percent oxygen by volume that is established as the 

operating limit for oxygen according to Table 6 to this subpart

when firing the fuel or fuel mixture utilized during the most 

recent CO performance stack test. Operation of oxygen trim 

systems to meet these requirements shall not be done in a manner 

which compromises furnace safety.
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release 

During Review***

Page 91 of 137

* * * * *

(c) * * *

(1) For each CMS required in this section, you must 

develop, and submit to the EPA Administrator for approval upon 

request, a site-specific monitoring plan that addresses 

paragraphs (c)(1)(i) through (iii) of this section. You must 

submit this site-specific monitoring plan (if requested) at 

least 60 days before your initial performance evaluation of your 

CMS.

* * * * *

(2) In your site-specific monitoring plan, you must also 

address paragraphs (c)(2)(i) through (iii) of this section.

* * * * *

(d) If you have an operating limit that requires the use of 

a CMS, you must install, operate, and maintain each CPMS

according to the procedures in paragraphs (d)(1) through (5) of 

this section.

(1) The CPMS must complete a minimum of one cycle of 

operation for each successive 15-minute period. You must have a 

minimum of four successive cycles of operation to have a valid 

hour of data.

(2) You must calculate 1-hour arithmetic averages from 

each hour of CPMS data in units of the operating limit and 

determine the 30-day rolling average of all recorded readings, 
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release 

During Review***

Page 92 of 137

except as provided in §63.11221(c). Calculate a 30-day rolling 

average from all of the 1-hour averages collected for the 30-day 

operating period using Equation 2 of this section.

30-day average =

∑  





 (Eq.2)

Where:

Hpvi = the hourly parameter value for hour i

n = the number of valid hourly parameter values

collected over 30 boiler operating days

(3) For purposes of collecting CO data, you must operate 

the CPMS as specified in §63.11221(b). For purposes of 

calculating data averages, you must use all the data collected 

during all periods in assessing compliance, except that you must 

exclude certain data as specified in §63.11221(c). Periods when 

CPMS data are unavailable may constitute monitoring deviations 

as specified in §63.11221(d).

(4) Record the results of each inspection, calibration, and 

validation check.

(e) If you have an applicable opacity operating limit under 

this rule, you must install, operate, certify and maintain each 

COMS according to the procedures in paragraphs (e)(1) through 

(7) of this section by the compliance date specified in 

§63.11196.

* * * * *
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release 

During Review***

Page 93 of 137

(6) You must operate and maintain each COMS according to 

the requirements in the monitoring plan and the requirements of 

§63.8(e). Identify periods the COMS is out of control including 

any periods that the COMS fails to pass a daily calibration 

drift assessment, a quarterly performance audit, or an annual 

zero alignment audit.

* * * * *

(f) * * *

(7) For positive pressure fabric filter systems that do not 

duct all compartments or cells to a common stack, a bag leak 

detection system must be installed in each baghouse compartment 

or cell.

* * * * *

15. Section 63.11225 is amended by revising paragraph (a) 

introductory text, (a)(4), (a)(5), (b) introductory text, (b)(2), 

(c) introductory text, (c)(2) introductory text, (c)(2)(ii), (d), 

(e), and (g); and by adding (a)(6), and (c)(2)(iii) through (v) 

to read as follows:

§63.11225 What are my notification, reporting, and 

recordkeeping, requirements?

(a) You must submit the notifications specified in 

paragraphs (a)(1) through (a)(6) of this section to the 

administrator.

* * * * *
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release 

During Review***

Page 94 of 137

(4) You must submit the Notification of Compliance Status 

in no later than 120 days after the applicable compliance date 

specified in §63.11196 unless you must conduct a performance 

stack test. If you must conduct a performance stack test, you 

must submit the Notification of Compliance Status within 60 days 

of completing the performance stack test. You must submit the 

Notification of Compliance Status in accordance with paragraph 

(a)(4)(vi) of this section. The Notification of Compliance 

Status must include the information and certification(s) of 

compliance in paragraphs (a)(4)(i) through (v) of this section, 

as applicable, and signed by a responsible official: 

(i) You must submit the information required in 

§63.9(h)(2), except the performance tests, opacity or visible 

emission observations, CMS performance evaluations, and other 

monitoring procedures or methods that were conducted in 

§63.9(h)(2)(i)(B). If you conduct any opacity or visible 

emission observations, or other monitoring procedures or 

methods, you must submit that data to the Administrator at the 

appropriate address listed in §63.13. 

(ii)‘‘This facility complies with the requirements in 

§63.11214 to conduct an initial tune-up of the boiler.’’

(iii) ‘‘This facility has had an energy assessment 

performed according to §63.11214(c).’’ 
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release 

During Review***

Page 95 of 137

(iv) For an owner or operator that installs bag leak 

detection systems: ‘‘This facility has prepared a bag leak 

detection system monitoring plan in accordance with §63.11224 

and will operate each bag leak detection system according to the 

plan.’’

(v) For units that do not qualify for a statutory exemption 

as provided in section 129(g)(1) of the Clean Air Act: ‘‘No 

secondary materials that are solid waste were combusted in any 

affected unit.’’

(vi) The notification must be submitted electronically 

using the Compliance and Emissions Data Reporting Interface 

(CEDRI) that is accessed through EPA’s Central Data Exchange 

(CDX) (www.epa.gov/cdx). However, if the reporting form specific 

to this subpart is not available in CEDRI at the time that the 

report is due, the written Notification of Compliance Status 

must be submitted to the Administrator at the appropriate 

address listed in §63.13.

(5) If you are using data from a previously conducted 

emission test to serve as documentation of conformance with the 

emission standards and operating limits of this subpart, you 

must include in the Notification of Compliance Status the date 

of the test and a summary of the results, not a complete test 

report, relative to this subpart.
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release 

During Review***

Page 96 of 137

(6) A dual-fuel fired boiler meeting the definition of a 

gas-fired boiler can be classified as an existing affected oilfired boiler and subject to all relevant requirements in the oil 

subcategory if a notification is submitted as an oil-fired 

boiler by January 20, 2014.

(b) You must prepare, by March 1 of each year, and submit 

to the delegated authority upon request, an annual compliance 

certification report for the previous calendar year containing 

the information specified in paragraphs (b)(1) through (4) of 

this section. You must submit the report by March 15 if you had 

any instance described by paragraph (b)(3) of this section. For 

boilers that are subject only to a requirement to conduct a 

biennial or 5-year tune-up according to § 63.11223(a) and not 

subject to emission limits or operating limits, you may prepare 

only a biennial or 5-year compliance report as specified in 

paragraphs (b)(1) and (2) of this section.

* * * * *

(2) Statement by a responsible official, with the 

official’s name, title, phone number, email address, and 

signature, certifying the truth, accuracy and completeness of 

the notification and a statement of whether the source has 

complied with all the relevant standards and other requirements 

of this subpart. Your notification must include the following 
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release 

During Review***

Page 97 of 137

certification(s) of compliance, as applicable, and signed by a 

responsible official:

(i) “This facility complies with the requirements in 

§63.11223 to conduct a biennial or 5-year tune-up, as 

applicable, of each boiler.”

(ii) For units that do not qualify for a statutory 

exemption as provided in section 129(g)(1) of the Clean Air Act: 

“No secondary materials that are solid waste were combusted in 

any affected unit.”

(iii) “This facility complies with the requirement in 

§63.11214(d) and §63.11223(f) to minimize the boiler’s time 

spent during startup and shutdown following the manufacturer’s 

recommended procedures.”

* * * * *

(c) You must maintain the records specified in paragraphs 

(c)(1) through (7) of this section.

* * * * *

(2) You must keep records to document conformance with the 

work practices, emission reduction measures, and management 

practices required by §63.11214 and §63.11223 as specified in 

paragraphs (c)(2)(i) through (v) of this section.

* * * * *

(ii) For operating units that combust non-hazardous 

secondary materials that have been determined not to be solid 
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release 

During Review***

Page 98 of 137

waste pursuant to §241.3(b)(1) of this chapter, you must keep a 

record which documents how the secondary material meets each of 

the legitimacy criteria under §241.3(d)(1). If you combust a 

fuel that has been processed from a discarded non-hazardous 

secondary material pursuant to §241.3(b)(4) of this chapter, you 

must keep records as to how the operations that produced the 

fuel satisfies the definition of processing in §241.2 and each 

of the legitimacy criteria in §241.3(d)(1) of this chapter. If 

the fuel received a non-waste determination pursuant to the 

petition process submitted under §241.3(c) of this chapter, you 

must keep a record that documents how the fuel satisfies the 

requirements of the petition process. For operating units that 

combust non-hazardous secondary materials as fuel per §241.4, 

you must keep records documenting that the material is a listed 

non-waste under §241.4(a).

(iii) For each boiler required to conduct an energy 

assessment, you must keep a copy of the energy assessment 

report.

(iv) For each boiler subject to an emission limit in Table 

1 to this subpart, you must also keep records of monthly fuel 

use by each boiler, including the type(s) of fuel and amount(s) 

used.

(v) You must keep records of days of operation by each 

boiler that meets the definition of seasonal boiler.
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release 

During Review***

Page 99 of 137

* * * * *

(d) Your records must be in a form suitable and readily 

available for expeditious review. You must keep each record for 

5 years following the date of each recorded action. You must 

keep each record onsite or be accessible from a central location 

by computer or other means that instantly provide access at the 

site for at least 2 years after the date of each recorded 

action. You may keep the records off site for the remaining 3 

years.

(e)(1) Within 60 days after the date of completing each 

performance test(defined in §63.2) as required by this subpart 

you must submit the results of the performance tests, including 

any associated fuel analyses, required by this subpart to EPA’s 

WebFIRE database by using CEDRI that is accessed through EPA’s 

CDX (www.epa.gov/cdx). Performance test data must be submitted 

in the file format generated through use of EPA’s Electronic 

Reporting Tool (ERT) (see 

http://www.epa.gov/ttn/chief/ert/index.html). Only data 

collected using test methods on the ERT website are subject to 

this requirement for submitting reports electronically to 

WebFIRE. Owners or operators who claim that some of the 

information being submitted for performance tests is 

confidential business information (CBI) must submit a complete 

ERT file including information claimed to be CBI on a compact 
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release 

During Review***

Page 100 of 137

disk or other commonly used electronic storage media (including, 

but not limited to, flash drives) to EPA. The electronic media 

must be clearly marked as CBI and mailed to U.S. EPA/OAPQS/CORE 

CBI Office, Attention: WebFIRE Administrator, MD C404-02, 4930 

Old Page Rd., Durham, NC 27703. The same ERT file with the CBI 

omitted must be submitted to EPA via CDX as described earlier in 

this paragraph. At the discretion of the delegated authority, 

you must also submit these reports, including the confidential 

business information, to the delegated authority in the format 

specified by the delegated authority. For any performance test 

conducted using test methods that are not listed on the ERT 

website, the owner or operator shall submit the results of the 

performance test in paper submissions to the Administrator.

(2) Within 60 days after the date of completing each CEMS 

performance evaluation test as defined in §63.2, you must submit 

relative accuracy test audit (RATA) data to EPA’s CDX by using 

CEDRI in accordance with paragraph (h)(1) of this section. Only 

RATA pollutants that can be documented with the ERT (as listed 

on the ERT website) are subject to this requirement. For any 

performance evaluations with no corresponding RATA pollutants 

listed on the ERT website, the owner or operator shall submit 

the results of the performance evaluation in paper submissions 

to the Administrator.

* * * * *
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release 

During Review***

Page 101 of 137

(g) If you have switched fuels or made a physical change to 

the boiler, and this fuel switch or change resulted in the

applicability of a different subcategory or a switch out of 

subpart JJJJJJ due to a switch to 100 percent natural gas, you

must provide notice of the date upon which you switched fuels

within 30 days of the change. The notification must identify:

(1) The name of the owner or operator of the affected 

source, the location of the source, the boiler(s) that have

switched fuels or were modified, and the date of the notice.

(2) The date upon which the fuel switch or modification 

occurred.

16. Section 63.11226 is amended by revising the section,

including the section heading, to read as follows:

§63.11226 Affirmative Defense for Violation of Emission 

Standards During Malfunction

In response to an action to enforce the standards set forth 

in §63.11201 you may assert an affirmative defense to a claim 

for civil penalties for violations of such standards that are 

caused by malfunction, as defined at §63.2. Appropriate 

penalties may be assessed; however, if you fail to meet your 

burden of proving all of the requirements in the affirmative 

defense, the affirmative defense shall not be available for 

claims for injunctive relief.
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release 

During Review***

Page 102 of 137

(a) To establish the affirmative defense in any action to 

enforce such a standard, you must timely meet the reporting

requirements in paragraph (b) of this section, and must prove by 

a preponderance of evidence that:

(1) The violation: 

(i) Was caused by a sudden, infrequent, and unavoidable 

failure of air pollution control equipment, process equipment, 

or a process to operate in a normal or usual manner; and

(ii) Could not have been prevented through careful 

planning, proper design or better operation and maintenance 

practices; and

(iii) Did not stem from any activity or event that could 

have been foreseen and avoided, or planned for; and

(iv) Was not part of a recurring pattern indicative of 

inadequate design, operation, or maintenance; and

(2) Repairs were made as expeditiously as possible when a 

violation occurred. Off-shift and overtime labor were used, to 

the extent practicable to make these repairs; and

(3) The frequency, amount, and duration of the violation

(including any bypass) were minimized to the maximum extent 

practicable; and

(4) If the violation resulted from a bypass of control 

equipment or a process, then the bypass was unavoidable to 
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release 

During Review***

Page 103 of 137

prevent loss of life, personal injury, or severe property

damage; and

(5) All possible steps were taken to minimize the impact of 

the violation on ambient air quality, the environment, and human 

health; and

(6) All emissions monitoring and control systems were kept 

in operation if at all possible, consistent with safety and good 

air pollution control practices; and

(7) All of the actions in response to the violations were 

documented by properly signed, contemporaneous operating logs; 

and

(8) At all times, the affected source was operated in a 

manner consistent with good practices for minimizing emissions; 

and

(9) A written root cause analysis has been prepared, the 

purpose of which is to determine, correct, and eliminate the 

primary causes of the malfunction and the violation resulting 

from the malfunction event at issue. The analysis shall also 

specify, using best monitoring methods and engineering judgment, 

the amount of excess emissions that were the result of the 

malfunction. 

(b) Report. The owner or operator seeking to assert an 

affirmative defense shall submit a written report to the 

Administrator with all necessary supporting documentation, that 
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release 

During Review***

Page 104 of 137

it has met the requirements set forth in §63.11201 of this 

subpart. This affirmative defense report shall be included in 

the first periodic compliance, deviation report or excess 

emission report otherwise required after the initial occurrence 

of the violation of the relevant standard (which may be the end 

of any applicable averaging period). If such compliance, 

deviation report or excess emission report is due less than 45 

days after the initial occurrence of the violation, the 

affirmative defense report may be included in the second 

compliance, deviation report or excess emission report due after 

the initial occurrence of the violation of the relevant 

standard.

17. Section 63.11236 is amended by revising paragraph (a) 

to read as follows:

§63.11236 Who implements and enforces this subpart? 

(a) This subpart can be implemented and enforced by EPA or 

an administrator such as your state, local, or tribal agency. If 

the EPA Administrator has delegated authority to your state, 

local, or tribal agency, then that agency has the authority to 

implement and enforce this subpart. You should contact your EPA 

Regional Office to find out if implementation and enforcement of 

this subpart is delegated to your state, local, or tribal 

agency.

* * * * *
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release 

During Review***

Page 105 of 137

18. Section 63.11237 is amended as follows:

a. By adding new definitions in alphabetical order for “10-

day rolling average,” “30-day rolling average,” “Biodiesel,” 

“Calendar year,” “Daily block average,” “Distillate oil,” 

“Electric boiler,” “Electric utility steam generating unit 

(EGU),” “Energy management program,” “Load fraction,” “Minimum 

scrubber pressure drop,” “Minimum sorbent injection rate,” 

“Minimum total secondary electric power,” “Operating day,” 

“Oxygen analyzer system,” “Oxygen trim system,” “Process 

heater,” “Residential boiler,” “Residual oil,” “Seasonal 

boiler,” “Shutdown,” “Startup,” “Solid fuel,” “Temporary 

boiler,” “Tune-up,” “Vegetable oil,” and “Wet scrubber.”

b. By revising the definitions for “Annual heat input 

basis,” “Bag leak detection system,” “Biomass subcategory,” 

“Boiler,” “Boiler system,” “Deviation,” “Dry scrubber,” “Energy 

assessment,” “Energy use system,” “Federally enforceable,” “Gasfired boiler,” “Heat input,” “Hot water heater,” “Institutional 

boiler,” “Minimum activated carbon injection rate,” “Minimum 

scrubber liquid flow rate,” “Natural gas,” “Oil subcategory,” 

“Period of natural gas curtailment or supply interruption,”

“Qualified Energy Assessor,” and “Waste heat boiler.”

c. By deleting the definitions for “Minimum PM scrubber 

pressure drop,” “Minimum sorbent flow rate,” “Minimum voltage or 

amperage.”
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release 

During Review***

Page 106 of 137

§63.11237 What definitions apply to this subpart? 

10-day rolling average means the arithmetic mean of all 

valid hours of data from 10 successive operating days, except 

for periods of startup and shutdown and periods when the unit is 

not operating.

30-day rolling average means the arithmetic mean of all 

valid hours of data from 30 successive operating days, except 

for periods of startup and shutdown and periods when the unit is 

not operating.

* * * * *

Annual heat input basis means the heat input for the 12 

months preceding the compliance demonstration.

Bag leak detection system means a group of instruments that 

are capable of monitoring particulate matter loadings in the 

exhaust of a fabric filter (i.e., baghouse) in order to detect 

bag failures. A bag leak detection system includes, but is not 

limited to, an instrument that operates on electrodynamic, 

triboelectric, light scattering, light transmittance, or other 

principle to monitor relative particulate matter loadings.

Biodiesel means a mono-akyl ester derived from biomass and 

conforming to ASTM D6751–11b, Standard Specification for 

Biodiesel Fuel Blend Stock (B100) for Middle Distillate Fuels 

(incorporated by reference, see §63.14).

* * * * *
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release 

During Review***

Page 107 of 137

Biomass subcategory includes any boiler that burns any 

biomass and is not in the coal subcategory.

Boiler means an enclosed device using controlled flame 

combustion in which water is heated to recover thermal energy in 

the form of steam and/or hot water. Controlled flame combustion 

refers to a steady-state, or near steady-state, process wherein 

fuel and/or oxidizer feed rates are controlled. A device 

combusting solid waste, as defined in §241.3, is not a boiler 

unless the device is exempt from the definition of a solid waste

incineration unit as provided in section 129(g)(1) of the Clean 

Air Act. Waste heat boilers, process heaters, and autoclaves are 

excluded from this definition.

Boiler system means the boiler and associated components, 

such as, feedwater systems, combustion air systems, fuel systems 

(including burners), blowdown systems, combustion control 

systems, steam systems, and condensate return systems, directly 

connected to and serving the energy use systems.

Calendar year means the period between January 1 and 

December 31, inclusive, for a given year.

* * * * *

Daily block average means the arithmetic mean of all valid 

emission concentrations or parameter levels recorded when a unit 

is operating measured over the 24-hour period from 12 am 
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release 

During Review***

Page 108 of 137

(midnight) to 12 am (midnight), except for periods of startup 

and shutdown or downtime.

Deviation (1) Means any instance in which an affected 

source subject to this subpart, or an owner or operator of such 

a source:

(i) Fails to meet any applicable requirement or obligation 

established by this subpart including, but not limited to, any 

emission limit, operating limit, or work practice standard; or

(ii) Fails to meet any term or condition that is adopted to 

implement an applicable requirement in this subpart and that is 

included in the operating permit for any affected source 

required to obtain such a permit.

(2) A deviation is not always a violation. The 

determination of whether a deviation constitutes a violation of 

the standard is up to the discretion of the entity responsible 

for enforcement of the standards.

Distillate oil means fuel oils that contain 0.05 weight 

percent nitrogen or less and comply with the specifications for 

fuel oil numbers 1 and 2, as defined by the American Society of 

Testing and Materials in ASTM D396 (incorporated by reference, 

see § 63.14) or diesel fuel oil numbers 1 and 2, as defined by 

the American Society for Testing and Materials in ASTM D975

(incorporated by reference, see §63.14).
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release 

During Review***

Page 109 of 137

Dry scrubber means an add-on air pollution control system 

that injects dry alkaline sorbent (dry injection) or sprays an 

alkaline sorbent (spray dryer) to react with and neutralize acid 

gas in the exhaust stream forming a dry powder material. Sorbent 

injection systems used as control devices in fluidized bed 

boilers and process heaters are included in this definition. A 

dry scrubber is a dry control system.

Electric boiler means a boiler in which electric heating 

serves as the source of heat. Electric boilers that burn gaseous 

or liquid fuel during periods of electrical power curtailment or 

failure are included in this definition.

Electric utility steam generating unit (EGU) means a fossil 

fuel-fired combustion unit of more than 25 megawatts that serves 

a generator that produces electricity for sale. A fossil fuelfired unit that cogenerates steam and electricity and supplies 

more than one-third of its potential electric output capacity 

and more than 25 megawatts electrical output to any utility 

power distribution system for sale is considered an electric 

utility steam generating unit. To be “capable of combusting” 

fossil fuels, an EGU would need to have these fuels allowed in 

their operating permits and have the appropriate fuel handling 

facilities on-site or otherwise available (e.g., coal handling 

equipment, including coal storage area, belts and conveyers, 

pulverizers, etc.; oil storage facilities). In addition, fossil 
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release 

During Review***

Page 110 of 137

fuel-fired EGU means any EGU that fired fossil fuel for more 

than 10.0 percent of the average annual heat input in any 3 

consecutive calendar years or for more than 15.0 percent of the 

annual heat input during any one calendar year after April 16, 

2015.

Electrostatic precipitator (ESP) means an add-on air 

pollution control device used to capture particulate matter by 

charging the particles using an electrostatic field, collecting 

the particles using a grounded collecting surface, and 

transporting the particles into a hopper. An electrostatic 

precipitator is usually a dry control system.

Energy assessment means the following for the emission 

units covered by this subpart:

(1) The energy assessment for facilities with affected 

boilers using less than 0.3 trillion Btu per year (TBtu/year) 

heat input will be 8 on-site technical labor hours in length 

maximum, but may be longer at the discretion of the owner or 

operator of the affected source. The boiler system(s) and any 

on-site energy use system(s) accounting for at least 50 percent 

of the affected boiler(s) energy output will be evaluated to 

identify energy savings opportunities, within the limit of 

performing an 8-hour energy assessment.

(2) The energy assessment for facilities with affected 

boilers using 0.3 to 1.0 TBtu/year will be 24 on-site technical 
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release 

During Review***

Page 111 of 137

labor hours in length maximum, but may be longer at the 

discretion of the owner or operator of the affected source. The 

boiler system(s) and any on-site energy use system(s) accounting 

for at least 33 percent of the affected boiler(s) energy output 

will be evaluated to identify energy savings opportunities, 

within the limit of performing a 24-hour energy assessment.

(3) The energy assessment for facilities with affected 

boilers using greater than 1.0 TBtu/year will be up to 24 onsite technical labor hours in length for the first TBtu/year 

plus 8 on-site technical labor hours for every additional 1.0 

TBtu/year not to exceed 160 on-site technical hours, but may be 

longer at the discretion of the owner or operator of the 

affected source. The boiler system(s) and any on-site energy use 

system(s) accounting for at least 20 percent of the affected 

boiler(s) energy output will be evaluated to identify energy 

savings opportunities.

(4) The on-site energy use system(s) serving as the basis 

for the percent of affected boiler(s) energy output in (1), (2), 

and (3) above may be segmented by production area or energy use 

area as most logical and applicable to the specific facility 

being assessed (e.g., product X manufacturing area; product Y

drying area; Building Z).

Energy management program means a program according to the 

ENERGY STAR guideline for energy management, DOE Save Energy 
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release 

During Review***

Page 112 of 137

Now, or ISO 50001 compatible energy management systems (e.g., 

includes a set of practices and procedures designed to manage 

energy use that are demonstrated by the facility’s energy 

policies, a facility energy manager and other staffing 

responsibilities, energy performance measurement and tracking 

methods, an energy saving goal, action plans, operating 

procedures, internal reporting requirements, and periodic review 

intervals used at the facility).

Energy use system includes the following systems located on 

the site of the affected boiler that use energy provided by the 

boiler: (i) process heating; compressed air systems; machine 

drive (motors, pumps, fans); process cooling; facility heating, 

ventilation, and air conditioning systems; hot water systems; 

building envelop; and lighting; or (ii) other systems that use 

steam or hot water provided by the boiler.

* * * * *

Federally enforceable means all limitations and conditions 

that are enforceable by the EPA Administrator, including, but 

not limited to, the requirements of 40 CFR parts 60, 61, 63, and 

65, requirements within any applicable state implementation 

plan, and any permit requirements established under 40 CFR 52.21 

or under 40 CFR 51.18 and 40 CFR 51.24.

* * * * *
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release 

During Review***

Page 113 of 137

Gas-fired boiler includes any boiler that burns gaseous 

fuels not combined with any solid fuels, burns liquid fuel only 

during periods of gas curtailment, gas supply interruption, 

startups, or periodic testing on liquid fuel. Periodic testing 

of liquid fuel shall not exceed a combined total of 48 hours 

during any calendar year.

Heat input means heat derived from combustion of fuel in a 

boiler and does not include the heat input from preheated 

combustion air, recirculated flue gases, returned condensate, or 

exhaust gases from other sources such as gas turbines, internal 

combustion engines, kilns, etc.

Hot water heater means a closed vessel with a capacity of 

no more than 120 U.S. gallons in which water is heated by 

combustion of gaseous, liquid, or biomass fuel and hot water is 

withdrawn for use external to the vessel. Hot water boilers 

(i.e., not generating steam) combusting gaseous, liquid, or 

biomass fuel with a heat input capacity of less than 1.6 million 

Btu per hour are included in this definition. The 120 U.S. 

gallon capacity threshold to be considered a hot water heater is 

independent of the 1.6 MMBtu/hr heat input capacity 

threshold for hot water boilers. Hot water heater also means a 

tankless unit that provides on demand hot water.

* * * * *
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release 

During Review***

Page 114 of 137

Institutional boiler means a boiler used in institutional 

establishments such as, but not limited to, medical centers,

nursing homes, research centers, institutions of higher

education, elementary and secondary schools, libraries, 

religious establishments, and governmental buildings to provide 

electricity, steam, and/or hot water.

Liquid fuel includes, but is not limited to, distillate 

oil, residual oil, any form of liquid fuel derived from 

petroleum, used oil, liquid biofuels, biodiesel, and vegetable 

oil.

Load fraction means the actual heat input of a boiler 

divided by heat input during the performance test that 

established the minimum sorbent injection rate or minimum 

activated carbon injection rate, expressed as a fraction (e.g., 

for 50 percent load the load fraction is 0.5).

Minimum activated carbon injection rate means load fraction 

multiplied by the lowest 2-hour average activated carbon 

injection rate measured according to Table 6 to this subpart 

during the most recent performance stack test demonstrating 

compliance with the applicable emission limits.

* * * * *

Minimum scrubber liquid flow rate means the lowest 1-hour 

average scrubber liquid flow rate (e.g., to the PM scrubber) 

measured according to Table 6 to this subpart during the most 
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release 

During Review***

Page 115 of 137

recent performance stack test demonstrating compliance with the 

applicable emission limit.

Minimum scrubber pressure drop means the lowest 1-hour 

average scrubber pressure drop measured according to Table 6 to 

this subpart during the most recent performance stack test 

demonstrating compliance with the applicable emission limit.

Minimum sorbent injection rate means load fraction

multiplied by the lowest 2-hour average sorbent injection rate 

measured according to Table 6 to this subpart during the most 

recent performance stack test demonstrating compliance with the 

applicable emission limits.

Minimum total secondary electric power means the lowest 

hourly average total secondary electric power determined from 

the values of secondary voltage and secondary current to the 

electrostatic precipitator measured according to Table 6 to this 

subpart during the most recent performance stack test 

demonstrating compliance with the applicable emission limits.

Natural gas means: 

(1) A naturally occurring mixture of hydrocarbon and 

nonhydrocarbon gases found in geologic formations beneath the 

earth’s surface, of which the principal constituent is methane; 

or 
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release 

During Review***

Page 116 of 137

(2) Liquefied petroleum gas, as defined by the American 

Society for Testing and Materials in ASTM D1835 (incorporated by 

reference, see §63.14).

(3) A mixture of hydrocarbons that maintains a gaseous 

state at ISO conditions. Additionally, natural gas must either 

be composed of at least 70 percent methane by volume or have a 

gross calorific value between 34 and 43 megajoules (MJ) per dry 

standard cubic meter (910 and 1,150 Btu per dry standard cubic 

foot).

(4) Propane or propane-derived synthetic natural gas. 

Propane means a colorless gas derived from petroleum and natural 

gas, with the molecular structure C3H8.

Oil subcategory includes any boiler that burns any liquid 

fuel and is not in either the biomass or coal subcategories. 

Gas-fired boilers that burn liquid fuel only during periods of 

gas curtailment, gas supply interruptions, startups, or for 

periodic testing are not included in this definition. Periodic 

testing on liquid fuel shall not exceed a combined total of 48 

hours during any calendar year..

* * * * *

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 boiler unit. It is not necessary for fuel to be 

combusted for the entire 24-hour period.
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release 

During Review***

Page 117 of 137

Oxygen analyzer system means all equipment required to 

determine the oxygen content of a gas stream and used to monitor 

oxygen in the boiler flue gas, boiler firebox, or other 

appropriate intermediate location. This definition includes 

oxygen trim systems. The source owner or operator must install, 

calibrate, maintain, and operate the oxygen analyzer system in 

accordance with the manufacturer’s recommendations. 

Oxygen trim system means a system of monitors that is used 

to maintain excess air at the desired level in a combustion 

device. A typical system consists of a flue gas oxygen and/or 

carbon monoxide monitor that automatically provides a feedback 

signal to the combustion air controller.

* * * * *

Period of gas curtailment or supply interruption means a 

period of time during which the supply of gaseous fuel to an 

affected boiler is restricted for reasons beyond the control of 

the facility. The act of entering into a contractual agreement 

with a supplier of natural gas established for curtailment 

purposes does not constitute a reason that is under the control 

of a facility for the purposes of this definition. An increase 

in the cost or unit price of natural gas due to normal market 

fluctuations not during periods of supplier delivery restriction 

does not constitute a period of natural gas curtailment or 

supply interruption. On-site gaseous fuel system emergencies or 
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release 

During Review***

Page 118 of 137

equipment failures may qualify as periods of supply interruption

when the emergency or failure is beyond the control of the 

facility.

Process heater means an enclosed device using controlled 

flame, and the unit’s primary purpose is to transfer heat 

indirectly to a process material (liquid, gas, or solid) or to a 

heat transfer material (e.g., glycol or a mixture of glycol and 

water) for use in a process unit, instead of generating steam. 

Process heaters are devices in which the combustion gases do not 

come into direct contact with process materials. Process heaters 

include units that heat water/water mixtures for pool heating, 

sidewalk heating, cooling tower water heating, power washing, or 

oil heating.

Qualified energy assessor means a person or persons who 

have demonstrated capabilities to evaluate energy savings 

opportunities for steam generation, process heat, and major 

steam and process heat using systems, as applicable to the 

facility. Qualified energy assessors may be company employees or 

outside specialists.

Residential boiler means a boiler used in a dwelling 

containing four or fewer family units to provide heat and/or hot 

water and/or as part of a residential combined heat and power 

system. This definition includes boilers used primarily to 

provide heat and/or hot water for a dwelling containing four or 
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release 

During Review***

Page 119 of 137

fewer families located at an institutional facility (e.g., 

university campus, military base, church grounds) or 

commercial/industrial facility (e.g., farm).

Residual oil means crude oil, fuel oil numbers 1 and 2 that 

have a nitrogen content greater than 0.05 weight percent, 

and all fuel oil numbers 4, 5, and 6, as defined by the American 

Society of Testing and Materials in ASTM D396–10 (incorporated 

by reference, see §63.14(b)).

* * * * *

Seasonal boiler means a boiler that undergoes a shutdown 

for a period of at least 7 consecutive months (or 210 

consecutive days) each 12-month period due to seasonal market 

conditions, except for periodic testing. Periodic testing shall 

not exceed a combined total of 15 days during the 7-month 

shutdown. This definition only applies to boilers that would 

otherwise be included in the biomass subcategory or the oil 

subcategory. 

Shutdown means the cessation of operation of a boiler for 

any purpose. Shutdown begins either when none of the steam or 

heat from the boiler is supplied for heating and/or producing 

electricity, or for any other purpose, or at the point of no 

fuel being fired in the boiler, whichever is earlier. Shutdown 

ends when there is both no steam or heat being supplied and no 

fuel being fired in the boiler.
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release 

During Review***

Page 120 of 137

Solid fossil fuel includes, but is not limited to, coal, 

coke, petroleum coke, and tire derived fuel.

Solid fuel means any solid fossil fuel or biomass or biobased solid fuel.

Startup means either the first-ever firing of fuel in a 

boiler for the purpose of supplying steam or heat for heating 

and/or producing electricity, or for any other purpose, or the 

firing of fuel in a boiler after a shutdown event for any 

purpose. Startup ends when any of the steam or heat from the 

boiler is supplied for heating and/or producing electricity, or 

for any other purpose.

Temporary boiler means any gaseous or liquid fuel boiler 

that is designed to, and is capable of, being carried or moved 

from one location to another by means of, for example, wheels, 

skids, carrying handles, dollies, trailers, or platforms. A 

boiler is not a temporary boiler if any one of the following 

conditions exists:

(1) The equipment is attached to a foundation.

(2) The boiler or a replacement remains at a location 

within the facility and performs the same or similar function 

for more than 12 consecutive months, unless the regulatory 

agency approves an extension. An extension may be granted by the 

regulating agency upon petition by the owner or operator of a 

unit specifying the basis for such a request. Any temporary 
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release 

During Review***

Page 121 of 137

boiler that replaces a temporary boiler at a location within the 

facility and performs the same or similar function will be 

included in calculating the consecutive time period.

(3) The equipment is located at a seasonal facility and 

operates during the full annual operating period of the seasonal 

facility, remains at the facility for at least 2 years, and 

operates at that facility for at least 3 months each year.

(4) The equipment is moved from one location to another 

within the facility in an attempt to circumvent the residence 

time requirements of this definition.

Tune-up means adjustments made to a boiler in accordance 

with the procedures outlined in §63.11223(b).

Vegetable oil means oils extracted from vegetation.

Waste heat boiler means a device that recovers normally 

unused energy and converts it to usable heat. Waste heat boilers 

are also referred to as heat recovery steam generators. This 

definition includes both fired and unfired waste heat boilers.

Wet scrubber means any add-on air pollution control device 

that mixes an aqueous stream or slurry with the exhaust gases 

from a boiler to control emissions of particulate matter or to 

absorb and neutralize acid gases, such as hydrogen chloride. A 

wet scrubber creates an aqueous stream or slurry as a byproduct 

of the emissions control process.

* * * * *
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release 

During Review***

Page 122 of 137

19. Tables 1, 2, 6 and 7 to subpart JJJJJJ are revised to 

read as follows:

Table 1 to Subpart JJJJJJ of Part 63 — Emission Limits

As stated in § 63.11201, you must comply with the following 

applicable emission limits:

If your boiler is 

in this 

subcategory...

For the following 

pollutants...

You must achieve less 

than or equal to the 

following emission 

limits, except during 

periods of startup and 

shutdown ...

1. New coal-fired 

boiler with 

heat input 

capacity of 30 

MMBtu/hr or 

greater

a. PM 

(Filterable)

3.0E-02 lb per MMBtu of 

heat input.

b. Mercury 2.2E-05 lb per MMBtu of 

heat input.

c. CO 420 ppm by volume on a 

dry basis corrected to 3 

percent oxygen (3-run 

average or 10-day rolling

average).

2. New coal-fired 

boiler with 

heat input 

capacity of 

between 10 and 

30 MMBtu/hr

a. PM

(Filterable)

4.2E-01 lb per MMBtu of 

heat input.

b. Mercury 2.2E-05 lb per MMBtu of 

heat input.

c. CO 420 ppm by volume on a 

dry basis corrected to 3 

percent oxygen (3-run 

average or 10-day rolling

average).

3. New biomassfired boiler 

with heat 

input capacity 

of 30 MMBtu/hr

or greater

a. PM

(Filterable)

3.0E-02 lb per MMBtu of 

heat input.
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release 

During Review***

Page 123 of 137

If your boiler is 

in this 

subcategory...

For the following 

pollutants...

You must achieve less 

than or equal to the 

following emission 

limits, except during 

periods of startup and 

shutdown ...

4. New biomass 

fired boiler 

with heat 

input capacity 

of between 10 

and 30 

MMBtu/hr

a. PM

(Filterable)

7.0E-02 lb per MMBtu of 

heat input.

5. New oil-fired 

boiler with 

heat input 

capacity of 10 

MMBtu/hr or 

greater

a. PM

(Filterable)

3.0E-02 lb per MMBtu of 

heat input.

6. Existing coal 

(units with heat 

input capacity 

of 10 MMBtu/hr

or greater)

a. Mercury 2.2E-05 lb per MMBtu of 

heat input.

b. CO

420 ppm by volume on a 

dry basis corrected to 3 

percent oxygen.

Table 2 to Subpart JJJJJJ of Part 63 — Work Practice Standards, 

Emission Reduction Measures, and Management Practices

As stated in § 63.11201, you must comply with the following 

applicable work practice standards, emission reduction measures, 

and management practices:

If your boiler is in 

this subcategory... You must meet the following...
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release 

During Review***

Page 124 of 137

If your boiler is in 

this subcategory... You must meet the following...

1. Existing or new 

coal, new biomass, and 

new oil (units with 

heat input capacity of 

10 MMBtu/hr or 

greater)

Minimize the boiler’s startup and 

shutdown periods following the 

manufacturer’s recommended procedures. If 

manufacturer’s recommended procedures are 

not available, you must follow 

recommended procedures for a unit of 

similar design for which manufacturer’s 

recommended procedures are available.

2. Existing coal 

(units with heat input 

capacity of less than 

10 MMBtu/hr)

Conduct an initial tune-up as specified 

in §63.11214, and conduct a tune-up of 

the boiler biennially as specified in 

§63.11223.

3. New coal (units 

with heat input 

capacity of less than 

10 MMBtu/hr)

Conduct a tune-up of the boiler 

biennially as specified in §63.11223.

4. Existing oil-fired 

boilers with heat 

input capacity greater 

than 5 MMBtu/hr, and 

all existing biomassfired boilers

Conduct an initial tune-up as specified 

in §63.11214, and conduct a tune-up of 

the boiler biennially as specified in 

§63.11223.

5. New oil-fired 

boilers with heat 

input capacity greater 

than 5 MMBtu/hr, and 

all new biomass-fired 

boilers

Conduct a tune-up of the boiler 

biennially as specified in §63.11223.

6. Existing seasonal 

boilers

Conduct an initial tune-up as specified 

in §63.11214, and conduct a tune-up of 

the boiler every 5 years as specified in 

§63.11223.

7. New seasonal 

boilers

Conduct a tune-up of the boiler every 5 

years as specified in §63.11223.

8. Existing oil-fired 

boiler with heat input 

capacity of equal to 

or less than 5

MMBtu/hr

Conduct an initial tune-up as specified 

in §63.11214, and conduct a tune-up of 

the boiler every 5 years as specified in 

§63.11223.
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release 

During Review***

Page 125 of 137

If your boiler is in 

this subcategory... You must meet the following...

9. New oil-fired 

boiler with heat input 

capacity of equal to 

or less than 5

MMBtu/hr

Conduct a tune-up of the boiler every 5

years as specified in §63.11223.

10. Existing or new 

boilers with an oxygen 

trim system that 

maintains an optimum 

air-to-fuel ratio

Conduct a tune-up of the boiler every 5

years as specified in §63.11223.

11. Existing coal, 

biomass, or oil (units 

with heat input 

capacity of 10 

MMBtu/hr and greater)

Must have a one-time energy assessment 

performed by a qualified energy assessor

or must operate under an energy 

management program developed according to 

the ENERGY STAR guideline for energy 

management, DOE Save Energy Now, or ISO 

50001 compatible energy management 

systems, that includes the affected 

units. An energy assessment completed on 

or after January 1, 2008, that meets or 

is amended to meet the energy assessment 

requirements in this table satisfies the 

energy assessment requirement. Energy 

assessor approval and qualification 

requirements are waived in instances 

where past or amended energy assessments 

are used to meet the energy 

assessment requirements. The energy 

assessment must include: 

(1) A visual inspection of the boiler 

system.

(2) An evaluation of operating 

characteristics of the affected boiler 

systems, specifications of energy use

systems, operating and maintenance 

procedures, and unusual operating 

constraints,

(3) An inventory of major energy use 

systems consuming energy from affected 

boiler(s) and which are under control of 

the boiler owner or operator,

(4) A review of available architectural 

and engineering plans, facility operation 

and maintenance procedures and logs, and 
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release 

During Review***

Page 126 of 137

If your boiler is in 

this subcategory... You must meet the following...

fuel usage,

(5) A list of major energy conservation 

measures that are within the facility’s 

control,

(6) A list of the energy savings 

potential of the energy conservation 

measures identified, and

(7) A comprehensive report detailing the 

ways to improve efficiency, the cost of 

specific improvements, benefits, and the 

time frame for recouping those 

investments.

Table 3 to Subpart JJJJJJ of Part 63 — Operating Limits for 

Boilers with Emission Limits

As stated in §63.11201, you must comply with the applicable 

operating limits:

If you demonstrate 

compliance with 

applicable emission 

limits using...

You must meet these operating limits

except during periods of startup and 

shutdown...

1. Fabric filter control a. Maintain opacity to less than or 

equal to 10 percent opacity (daily 

block average); OR

b. Install and operate a bag leak 

detection system according to 

§63.11224 and operate the fabric 

filter such that the bag leak 

detection system alarm does not 

sound more than 5 percent of the 

operating time during each 6-month 

period.

2. Electrostatic 

precipitator control

a. Maintain opacity to less than or 

equal to 10 percent opacity (daily 

block average); OR 

b. Maintain the 30-day rolling 

average secondary electric power 

input of the electrostatic 
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release 

During Review***

Page 127 of 137

If you demonstrate 

compliance with 

applicable emission 

limits using...

You must meet these operating limits

except during periods of startup and 

shutdown...

precipitator at or above the minimum

secondary electric power measured 

during the most recent performance 

test demonstrating compliance with 

the particulate matter emission 

limitations. 

3. Wet PM scrubber 

control

Maintain the 30-day rolling average 

pressure drop at or above the minimum

scrubber pressure drop across the wet 

scrubber and the 30-day rolling 

average liquid flow-rate at or above 

the minimum scrubber liquid flow rate 

measured during the most recent 

performance test demonstrating 

compliance with the PM emission 

limitation. 

4. Dry sorbent or 

activated carbon 

injection control

Maintain the 30-day rolling average 

sorbent or activated carbon injection 

rate at or above the minimum sorbent 

injection rate or minimum activated 

carbon injection rate measured during 

the most recent performance test 

demonstrating compliance with the 

mercury emissions limitation. When 

your boiler operates at lower loads, 

multiply your sorbent or activated 

carbon injection rate by the load 

fraction (e.g., actual heat input 

divided by the heat input during 

performance stack test, for 50 

percent load, multiply the injection 

rate operating limit by 0.5).

5. Any other add-on air 

pollution control type.

This option is for boilers that 

operate dry control systems. Boilers 

must maintain opacity to less than or 

equal to 10 percent opacity (daily 

block average).
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release 

During Review***

Page 128 of 137

If you demonstrate 

compliance with 

applicable emission 

limits using...

You must meet these operating limits

except during periods of startup and 

shutdown...

6. Fuel analysis Maintain the fuel type or fuel 

mixture (annual average) such that 

the mercury emission rates calculated 

according to §63.11211(c) are less 

than the applicable emission limits 

for mercury.

7. Performance stack 

testing

For boilers that demonstrate 

compliance with a performance stack 

test, maintain the operating load of 

each unit such that is does not 

exceed 110 percent of the average 

operating load recorded during the 

most recent performance stack test.

8. Oxygen analyzer system For boilers subject to a CO emission 

limit that demonstrate compliance 

with an oxygen analyzer system as 

specified in §63.11224(a), maintain 

the 30-day rolling average oxygen 

level at or above the minimum oxygen 

level measured during the most recent 

CO performance stack test.

* * * * *

Table 6 to Subpart JJJJJJ of Part 63 — Establishing Operating 

Limits

As stated in §63.11211, you must comply with the following 

requirements for establishing operating limits:

If you have 

an 

applicable 

emission 

limit for 

. . .

And your 

operating 

limits are 

based on 

. . . You must... Using . . .

According to 

the following 

requirements
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release 

During Review***

Page 129 of 137

If you have 

an 

applicable 

emission 

limit for 

. . .

And your 

operating 

limits are 

based on 

. . . You must... Using . . .

According to 

the following 

requirements

1. PM or 

mercury

a. Wet 

scrubber 

operating 

parameters

i. Establish 

a sitespecific 

minimum 

scrubber

pressure drop 

and minimum 

scrubber 

liquid flow 

rate 

operating 

limits 

according to 

§63.11211(b)

(1) Data from 

the pressure 

drop and 

liquid flow 

rate monitors 

and the PM or 

mercury 

performance 

stack tests

(a) You must 

collect 

pressure drop 

and liquid 

flow rate 

data every 15 

minutes 

during the 

entire period 

of the 

performance 

stack tests;

(b) Determine 

the average 

pressure drop 

and liquid 

flow rate for 

each 

individual 

test run in 

the three-run 

performance 

stack test by 

computing the 

average of 

all the 15-

minute 

readings 

taken during 

each test 

run.

b. 

Electrostatic 

precipitator 

operating 

parameters 

i. Establish 

a sitespecific 

minimum 

secondary 

electric 

power 

operating

limit

according to 

§63.11211(b)

(1) Data from 

the secondary 

electric 

power 

monitors and 

the PM or 

mercury 

performance 

stack tests

(a) You must 

collect 

secondary 

electric 

power input 

data every 15 

minutes 

during the 

entire period 

of the 

performance 

stack tests;
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release 

During Review***

Page 130 of 137

If you have 

an 

applicable 

emission 

limit for 

. . .

And your 

operating 

limits are 

based on 

. . . You must... Using . . .

According to 

the following 

requirements

(b) Determine 

the average 

secondary 

electric 

power input 

for each 

individual 

test run in 

the three-run 

performance 

stack test by 

computing the 

average of 

all the 15-

minute 

readings 

taken during 

each test 

run.

2. Mercury a. Dry 

sorbent or 

activated 

carbon 

injection 

rate 

operating 

parameters

i. Establish 

a sitespecific 

minimum 

sorbent or 

activated 

carbon 

injection 

rate 

operating 

limit 

according to 

§63.11211(b)

(1) Data from 

the sorbent 

or activated 

carbon 

injection 

rate monitors 

and the 

mercury 

performance 

stack tests

(a) You must 

collect 

sorbent or 

activated 

carbon 

injection 

rate data 

every 15 

minutes 

during the 

entire period 

of the 

performance 

stack tests;
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release 

During Review***

Page 131 of 137

If you have 

an 

applicable 

emission 

limit for 

. . .

And your 

operating 

limits are 

based on 

. . . You must... Using . . .

According to 

the following 

requirements

(b) Determine 

the average 

sorbent or 

activated 

carbon 

injection 

rate for each 

individual 

test run in 

the three-run 

performance 

stack test by 

computing the 

average of 

all the 15-

minute 

readings 

taken during 

each test 

run.
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release 

During Review***

Page 132 of 137

If you have 

an 

applicable 

emission 

limit for 

. . .

And your 

operating 

limits are 

based on 

. . . You must... Using . . .

According to 

the following 

requirements

(c) When your 

unit operates 

at lower 

loads, 

multiply your 

sorbent or 

activated 

carbon 

injection 

rate by the 

load fraction 

(e.g., actual 

heat input 

divided by 

heat input 

during 

performance 

stack test, 

for 50 

percent load, 

multiply the 

injection 

rate 

operating 

limit by 0.5) 

to determine 

the required 

injection 

rate.

3. CO a. Oxygen i. Establish 

a unitspecific 

limit for 

minimum 

oxygen level.

(1) Data from 

the oxygen 

analyzer 

system 

specified in 

§63.11224(a).

(a) You must 

collect 

oxygen data 

every 15 

minutes 

during the 

entire period 

of the 

performance 

stack tests;
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release 

During Review***

Page 133 of 137

If you have 

an 

applicable 

emission 

limit for 

. . .

And your 

operating 

limits are 

based on 

. . . You must... Using . . .

According to 

the following 

requirements

(b) Determine 

the average 

hourly oxygen 

concentration

for each 

individual 

test run in 

the three-run 

performance 

stack test by 

computing the 

average of 

all the 15-

minute 

readings 

taken during 

each test 

run.
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release 

During Review***

Page 134 of 137

If you have 

an 

applicable 

emission 

limit for 

. . .

And your 

operating 

limits are 

based on 

. . . You must... Using . . .

According to 

the following 

requirements

4. Any 

pollutant 

for which

compliance 

is 

demonstrated

by a 

performance

stack test.

a. Boiler 

operating 

load.

i. Establish 

a unitspecific

limit for 

maximum 

operating

load 

according to

§63.11212(c).

(1) Data from 

the operating

load monitors 

(fuel feed 

monitors or

steam 

generation 

monitors).

(a) You must 

collect 

operating

load data 

(fuel feed 

rate or steam 

generation

data) every 

15

minutes 

during the 

entire

period of the 

performance 

test.

(b) Determine 

the average

operating 

load by 

computing

the hourly 

averages 

using all of 

the 15-minute 

readings 

taken during 

each 

performance 

test.

(c) Determine 

the average

of the three 

test run

averages 

during the 

performance

test, and 

multiply

this by 1.1 

(110

percent) as 

your 

operating 

limit.
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release 

During Review***

Page 135 of 137

Table 7 to Subpart JJJJJJ of Part 63 — Demonstrating Continuous 

Compliance

As stated in §63.11222, you must show continuous compliance 

with the emission limitations for each boiler according to the 

following:

If you must meet the 

following operating 

limits . . .

You must demonstrate continuous compliance 

by . . .

1. Opacity a. Collecting the opacity monitoring 

system data according to §63.11224(e) and 

§63.11221; and

b. Reducing the opacity monitoring data to 

6-minute averages; and

c. Maintaining opacity to less than or 

equal to 10 percent (daily block average).

2. Fabric Filter Bag 

Leak Detection 

Operation

Installing and operating a bag leak 

detection system according to §63.11224(f)

and operating the fabric filter such that 

the requirements in §63.11222(a)(4) are 

met.

3. Wet Scrubber 

Pressure Drop and 

Liquid Flow Rate

a. Collecting the pressure drop and liquid 

flow rate monitoring system data according 

to §§63.11224 and 63.11221; and

b. Reducing the data to 30-day rolling

averages; and

c. Maintaining the 30-day rolling average 

pressure drop and liquid flow rate at or 

above the operating limits established 

during the performance test according to 

§63.11211.

4. Dry Scrubber 

Sorbent or Activated 

Carbon Injection Rate

a. Collecting the sorbent or activated 

carbon injection rate monitoring system 

data for the dry scrubber according to 

§§63.11224 and 63.11221; and

b. Reducing the data to 30-day rolling

averages; and

c. Maintaining the 30-day rolling average 
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release 

During Review***

Page 136 of 137

If you must meet the 

following operating 

limits . . .

You must demonstrate continuous compliance 

by . . .

sorbent or activated carbon injection rate 

at or above the minimum sorbent or 

activated carbon injection rate as defined 

in §63.11237.

5. Electrostatic 

Precipitator Total 

Secondary Electric

Power Input

a. Collecting the total secondary electric

power input monitoring system data for the 

electrostatic precipitator according to 

§§63.11224 and 63.11221; and

b. Reducing the data to 30-day rolling

averages; and

c. Maintaining the 30-day rolling average

total secondary electric power input at or 

above the operating limits established 

during the performance test according to 

§63.11211.

6. Fuel Pollutant 

Content

a. Only burning the fuel types and fuel 

mixtures used to demonstrate compliance 

with the applicable emission limit 

according to §63.11213 as applicable; and

b. Keeping monthly records of fuel use 

according to §63.11222.

7. Oxygen content a. Continuously monitor the oxygen content 

of flue gas according to §63.11224.

b. Reducing the data to 30-day rolling

averages; and

c. Maintain the 30-day rolling average 

oxygen content at or above the operating 

limit established during the most recent 

CO performance test.

8. CO emissions a. Continuously monitor the CO

concentration in the combustion exhaust 

according to §63.11224(a).

b. Correcting the data to 3 percent 

oxygen, and reducing the data to one-hour 

and daily block averages;

c. Reducing the data from the daily 

averages to 10-day rolling averages;
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release 

During Review***

Page 137 of 137

If you must meet the 

following operating 

limits . . .

You must demonstrate continuous compliance 

by . . .

d. Maintaining the 10-day rolling average 

CO concentration at or below the 

applicable emission limit in Tables 1 of 

this subpart.

9. Boiler operating 

load 

a. Collecting operating load data (fuel 

feed rate or steam generation data) every 

15 minutes.

b. Reducing the data to 30-day rolling 

averages; and

c. Maintaining the 30-day rolling average 

at or below the operating limit 

established during the performance test 

according to §63.11212(c).