1. The authority citation for part 60 continues to read as 

follows:

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

Subpart A—[Amended]

2. Section 60.17 is amended by revising paragraph (h)(4) to 

read as follows:

§60.17 Incorporations by reference.

* * * * *

(h) * * *

(4) ANSI/ASME PTC 19.10-1981, Flue and Exhaust Gas Analyses 

[Part 10, Instruments and Apparatus], (Issued August 31, 1981), 

IBR approved for §60.56c(b), §60.63(f), §60.104a(d), (h), (i), 

and (j), §60.105a(d), (f), and (g), §60.106(e), §60.106a(a), 

§60.107a(a), (c), and (e), §60.285a(f), tables 1 and 3 of 

subpart EEEE, tables 2 and 4 of subpart FFFF, table 2 of subpart 

JJJJ, §60.2145(s), §60.2145(t), §60.2710(s), §60.2710(t), 

§60.2710(w), §60.2730(q), §60.4415(a), §60.4900(b), §60.5220(b), 

tables 1 and 2 to subpart LLLL, tables 2 and 3 to subpart MMMM, 

§60.5406(c), and §60.5413(b).

* * * * *

3. Section 60.280 is amended by revising paragraph (b) to 

read as follows:

60.280 Applicability and designation of affected facility.

* * * * *
(b) Except as noted in §60.283(a)(1)(iv), any facility 

under paragraph (a) of this section that commences construction, 

reconstruction, or modification after September 24, 1976, and on 

or before [INSERT DATE OF PUBLICATION OF PROPOSED RULE] is 

subject to the requirements of this subpart. Any facility under 

paragraph (a) of this section that commences construction, 

reconstruction, or modification after [INSERT DATE OF 

PUBLICATION OF PROPOSED RULE] is subject to the requirements of 

subpart BBa of this part.

4. Add subpart BBa to read as follows:

Subpart BBa—Standards of Performance for Kraft Pulp Mill 

Affected Sources for Which Construction, Reconstruction, or 

Modification Commenced After May 23, 2013

Sec.

60.280a Applicability and designation of affected facility.

60.281a Definitions.

60.282a Standard for filterable particulate matter.

60.283a Standard for total reduced sulfur (TRS).

60.284a Monitoring of emissions and operations.

60.285a Test methods and procedures.

60.286a Affirmative defense for violations of emission 

standards during malfunction.

60.287a Recordkeeping.

60.288a Reporting.
Subpart BBa—Standards of Performance for Kraft Pulp Mill 

Affected Sources for Which Construction, Reconstruction, or 

Modification Commenced After [INSERT DATE OF PUBLICATION OF 

PROPOSED RULE]May 23, 2013

§60.280a Applicability and designation of affected facility. 

(a) The provisions of this subpart are applicable to the 

following affected facilities in kraft pulp mills: Ddigester

system, brown stock washer system, multiple-effect evaporator 

system, recovery furnace, smelt dissolving tank, lime kiln, and 

condensate stripper system. In pulp mills where kraft pulping is 

combined with neutral sulfite semichemical pulping, the 

provisions of this subpart are applicable when any portion of 

the material charged to an affected facility is produced by the

kraft pulping operation. 

(b) Except as noted in §60.283a(a)(1)(iv), any facility 

under paragraph (a) of this section that commences construction,

reconstruction, or modification after [INSERT DATE OF 

PUBLICATION OF PROPOSED RULE],May 23, 2013, is subject to the 

requirements of this subpart. Any facility under paragraph (a) 

of this section that commenced construction, reconstruction, or 

modification after September 24, 1976, and on or before May 23, 

2013 is subject to the requirements of subpart BB of this part.

§60.281a Definitions.
As used in this subpart, all terms not defined herein must

have the same meaning given them in the Act and in subpart A. 

Affirmative defense means, in the context of an enforcement 

proceeding, a response or defense put forward by a defendant, 

regarding which the defendant has the burden of proof, and the 

merits of which are independently and objectively evaluated in a 

judicial or administrative proceeding.

Black liquor oxidation system means the vessels used to 

oxidize, with air or oxygen, the black liquor, and associated 

storage tank(s). 

Black liquor solids (BLS) means the dry weight of the 

solids which enter the recovery furnace in the black liquor. 

Brown stock washer system means brown stock washers and 

associated knotters, vacuum pumps, and filtrate tanks used to 

wash the pulp following the digester system. Diffusion washers 

are excluded from this definition.

Closed-vent system means a system that is not open to the 

atmosphere and is composed of piping, ductwork, connections, 

and, if necessary, flow-inducing devices that transport gas or 

vapor from an emission point to a control device.

Condensable particulate matter, for purposes of this 

subpart, means particulate matter (PM) measured by EPA Method 

202 of Appendix M of part 51 that is vapor phase at stack 

conditions, but condenses and/or reacts upon cooling and 
dilution in the ambient air to form solid or liquid PM 

immediately after discharge from the stack.

Condensate stripper system means a column, and associated 

condensers, used to strip, with air or steam, total reduced 

sulfur (TRS) compounds from condensate streams from various 

processes within a kraft pulp mill. 

Cross recovery furnace means a furnace used to recover 

chemicals consisting primarily of sodium and sulfur compounds by 

burning black liquor which on a quarterly basis contains more 

than 7 weight percent of the total pulp solids from the neutral 

sulfite semichemical process and has a green liquor sulfidity of 

more than 28 percent. 

Digester system means each continuous digester or each 

batch digester used for the cooking of wood in white liquor, and 

associated flash tank(s), blow tank(s), chip steamer(s),)

including chip bins using live steam, and condenser(s).

Filterable particulate matter, for purposes of this 

subpart, means particulate matter measured by EPA Method 5 of 

Appendix A-3 of this part. 

Green liquor sulfidity means the sulfidity of the liquor 

which leaves the smelt dissolving tank.

High volume, low concentration (HVLC) closed-vent system 

means the gas collection and transport system used to convey 

gases from the brown stock washer system to a control device.
Kraft pulp mill means any stationary source which produces 

pulp from wood by cooking (digesting) wood chips in a water 

solution of sodium hydroxide and sodium sulfide (white liquor) 

at high temperature and pressure. Regeneration of the cooking 

chemicals through a recovery process is also considered part of 

the kraft pulp mill. 

Lime kiln means a unit used to calcine lime mud, which 

consists primarily of calcium carbonate, into quicklime, which 

is calcium oxide.

Low volume, high concentration (LVHC) closed-vent system 

means the gas collection and transport system used to convey 

gases from the digester system, condensate stripper system, and 

multiple-effect evaporator system to a control device.

Monitoring system malfunction means a 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. The owner or operator is required to implement

monitoring system repairs in response to monitoring system 

malfunctions or out-of-control periods, and to return the

monitoring system to operation as expeditiously as practicable.

Multiple-effect evaporator system means the multiple-effect 

evaporators and associated condenser(s) and hotwell(s) used to 
concentrate the spent cooking liquid that is separated from the 

pulp (black liquor). 

Neutral sulfite semichemical pulping operation means any 

operation in which pulp is produced from wood by cooking 

(digesting) wood chips in a solution of sodium sulfite and 

sodium bicarbonate, followed by mechanical defibrating 

(grinding). 

Recovery furnace means either a straight kraft recovery 

furnace or a cross recovery furnace, and includes the directcontact evaporator for a direct-contact furnace. 

Smelt dissolving tank means a vessel used for dissolving 

the smelt collected from the recovery furnace. 

Straight kraft recovery furnace means a furnace used to 

recover chemicals consisting primarily of sodium and sulfur 

compounds by burning black liquor which on a quarterly basis 

contains 7 weight percent or less of the total pulp solids from 

the neutral sulfite semichemical process or has green liquor 

sulfidity of 28 percent or less. 

Total reduced sulfur (TRS) means the sum of the sulfur 

compounds hydrogen sulfide, methyl mercaptan, dimethyl sulfide, 

and dimethyl disulfide that are released during the kraft 

pulping operation and measured by Method 16 of Appendix A-6 of 

this part.

§60.282a Standard for filterable particulate matter. 
(a) On and after the date on which the performance test 

required to be conducted by §60.8 is completed, no owner or 

operator subject to the provisions of this subpart mustshall

cause to be discharged into the atmosphere: 

(1) From any modified recovery furnace any gases which: 

(i) Contain filterable particulate matter in excess of 0.10 

gram per dry standard cubic meter (g/dscm) (0.044 grain per dry 

standard cubic foot (gr/dscf))) corrected to 8-percent oxygen. 

(ii) Exhibit 20-percent opacity or greater, where an 

electrostatic precipitator (ESP) emission control device is 

used., except where it is used in combination with a wet 

scrubber.

(2) From any new or reconstructed recovery furnace any 

gases which: 

(i) Contain filterable particulate matter in excess of 

0.034 g/dscm (0.015 gr/dscf) corrected to 8-percent oxygen. 

(ii) Exhibit 20-percent opacity or greater, where an ESP 

emission control device is used, except where it is used in 

combination with a wet scrubber. 

(3) From any modified or reconstructed smelt dissolving 

tank, or from any new smelt dissolving tank that is not

associated with a new or reconstructed recovery furnace subject 

to the provisions of paragraph (a)(2) of this section, any gases 

which contain filterable particulate matter in excess of 0.1
gram per kilogram (g/kg) (0.2 pound per ton (lb/ton)) of black 

liquor solids (dry weight) [0.2 lb/ton black liquor solids (dry 

weight)].).

(4) From any new smelt dissolving tank associated with a 

new or reconstructed recovery furnace subject to the provisions 

of paragraph (a)(2) of this section, any gases which contain 

filterable particulate matter in excess of 0.060 g/kg (0.12 

lb/ton) black liquor solids (dry weight) [0.12 lb/ton black 

liquor solids (dry weight)].).

(5) From any modified lime kiln any gases which:

(i) Contain filterable particulate matter in excess of 0.15 

g/dscm (0.064 gr/dscf) corrected to 10-percent oxygen.

(ii) Exhibit 20-percent opacity or greater, where an ESP 

emission control device is used, except where it is used in 

combination with a wet scrubber.

(6) From any new or reconstructed lime kiln any gases 

which:

(i) Contain filterable particulate matter in excess of 

0.023 g/dscm (0.010 gr/dscf) corrected to 10-percent oxygen.

(ii) Exhibit 20-percent opacity or greater, where an ESP 

emission control device is used, except where it is used in 

combination with a wet scrubber.

(b) These standards apply at all times as specified in 

§§60.284a and 60.285a.
(c) The exemptions to opacity standards under 40 CFR 

60.11(c) do not apply to subpart BBa.

§60.283a Standard for total reduced sulfur (TRS). 

(a) On and after the date on which the performance test 

required to be conducted by §60.8 is completed, no owner or 

operator subject to the provisions of this subpart must cause to 

be discharged into the atmosphere: 

(1) From any digester system, brown stock washer system, 

multiple-effect evaporator system, or condensate stripper system 

any gases which contain TRS in excess of 5 parts per million 

(ppm) by volume on a dry basis, corrected to 10-percent oxygen, 

unless one of the following conditions are met: 

(i) The gases are collected in an LVHC or HVLC closed-vent 

system meeting the requirements of §63.450 and combusted in a 

lime kiln subject to the provisions of either paragraph (a)(5) 

of this section or §60.283(a)(5) of subpart BB of this part; or 

(ii) The gases are collected in an LVHC or HVLC closed-vent 

system meeting the requirements of §63.450 and combusted in a 

recovery furnace subject to the provisions of either paragraphs 

(a)(2) or (a)(3) of this section or §60.283(a)(2) or (a)(3) of 

subpart BB of this part; or 

(iii) The gases are collected in an LVHC or HVLC closedvent system meeting the requirements of §63.450 and combusted 
with other waste gases in an incinerator or other device, or 

combusted in a lime kiln or recovery furnace not subject to the 

provisions of this subpart (or subpart BB of this part), and are 

subjected to a minimum temperature of 650oC (1200oF650°C (1200°F) 

for at least 0.5 second; or 

(iv) It has been demonstrated to the Administrator’s 

satisfaction by the owner or operator that incinerating the 

exhaust gases from a new, modified, or reconstructed brown stock 

washer system is technologically or economically unfeasible. Any 

exempt system will become subject to the provisions of this 

subpart if the facility is changed so that the gases can be 

incinerated. 

(v) The gases from the digester system, brown stock washer 

system, or condensate stripper system are collected in an LVHC 

or HVLC closed-vent system meeting the requirements of §63.450 

and controlled by a means other than combustion. In this case, 

this system must not discharge any gases to the atmosphere which 

contain TRS in excess of 5 ppm by volume on a dry basis, 

uncorrected for oxygen content. 

(vi) The uncontrolled exhaust gases from a new, modified, 

or reconstructed digester system contain TRS less than 0.005 

g/kg (0.01 lb/ton) air dried pulp (ADP) (0.01 lb/ton ADP). 
(2) From any straight kraft recovery furnace any gases 

which contain TRS in excess of 5 ppm by volume on a dry basis, 

corrected to 8-percent oxygen. 

(3) From any cross recovery furnace any gases which contain 

TRS in excess of 25 ppm by volume on a dry basis, corrected to 

8-percent oxygen. 

(4) From any smelt dissolving tank any gases which contain 

TRS in excess of 0.016 g/kg (0.033 lb/ton) of black liquor 

solids as H2S (0.033 lb/ton black liquor solids as hydrogen 

sulfide (H2S).

(5) From any lime kiln any gases which contain TRS in 

excess of 8 ppm by volume on a dry basis, corrected to 10-

percent oxygen.

(b) These standards apply at all times as specified in 

§§60.284a and 60.285a.

§60.284a Monitoring of emissions and operations. 

(a) Any owner or operator subject to the provisions of this 

subpart must install, calibrate, maintain, and operate the 

continuous monitoring systems specified in paragraphs (a)(1) and 

(2) of this section: 

(1) A continuous monitoring system to monitor and record 

the opacity of the gases discharged into the atmosphere from any 

recovery furnace or lime kiln using an ESP emission control 
device, except as specified in paragraph (b)(4) of this section. 

The span of this system must be set at 70-percent opacity. You 

must install, certify, and operate the continuous opacity 

monitoring system in accordance with Performance Specification 

(PS) 1 in Appendix B to 40 CFR part 60.

(2) Continuous monitoring systems to monitor and record the 

concentration of TRS emissions on a dry basis and the percent of 

oxygen by volume on a dry basis in the gases discharged into the 

atmosphere from any lime kiln, recovery furnace, digester 

system, brown stock washer system, multiple-effect evaporator 

system, or condensate stripper system, except where the 

provisions of §60.283a(a)(1)(iii) or (iv) apply. You must 

install, certify, and operate the continuous TRS monitoring 

system in accordance with Performance Specification (PS) 5 in 

Appendix B to 40 CFR part 60. You must install, certify, and 

operate the continuous oxygen monitoring system in accordance 

with Performance Specification (PS) 3 in Appendix B to 40 CFR 

part 60. These systems must be located downstream of the control 

device(s) and the). The range of the continuous monitoring 

system must encompass all expected concentration values, 

including the zero and span values used for calibration. The

spans of these continuous monitoring system(s) must be set: 
(i) At a TRS concentration of 30 ppm for the TRS continuous 

monitoring system, except that for any cross recovery furnace 

the span must be set at 50 ppm. 

(ii) At 21-percent oxygen for the continuous oxygen 

monitoring system. 

(b) Any owner or operator subject to the provisions of this 

subpart must install, calibrate, maintain, and operate the 

following continuous parameter monitoring devices specified in 

paragraphs (b)(1) through (4) of this section. 

(1) For any incinerator, a monitoring device for the 

continuous measurement of the combustion temperature at the 

point of incineration of effluent gases which are emitted from 

any digester system, brown stock washer system, multiple effect 

evaporator system, black liquor oxidation system, or condensate 

stripper system where the provisions of §60.283a(a)(1)(iii) 

apply. The monitoring device is to be certified by the 

manufacturer to be accurate within ±1 percent of the temperature 

being measured. 

(2) For any recovery furnace, lime kiln, or smelt 

dissolving tank using a wet scrubber emission control device: 

(i) A monitoring device for the continuous measurement of 

the pressure drop of the gas stream through the control

equipment. The monitoring device is to be certified by the 
manufacturer to be accurate to within a gage pressure of ±500 

Pascals (±2 inches water gage pressure). 

(ii) A monitoring device for the continuous measurement of 

the scrubbing liquid flow rate. The monitoring device used for

continuous measurement of the scrubbing liquid flow rate must be 

certified by the manufacturer to be accurate within ±5 percent 

of the design scrubbing liquid flow rate.

(iii) As an alternative to pressure drop measurement under 

paragraph (b)(2)(i) of this section, a monitoring device for 

measurement of fan amperage may be used for smelt dissolving 

tank dynamic scrubbers that operate at ambient pressure or for 

low-energy entrainment scrubbers where the fan speed does not 

vary.

(iv) As an alternative to scrubbing liquid flow rate 

measurement under paragraph (b)(2)(ii) of this section, a 

monitoring device for measurement of scrubbing liquid supply 

pressure may be used. The monitoring device is to be certified 

by the manufacturer to be accurate within ±15 percent of design 

scrubbing liquid supply pressure. The pressure sensor or tap is 

to be located close to the scrubber liquid discharge point. The 

Administrator may be consulted for approval of alternative 

locations.

(3) For any recovery furnace or lime kiln using an ESP 

emission control device, the owner or operator must use the 
continuous parameter monitoring devices specified in paragraphs 

(b)(3)(i) and (ii) of this section.

(i) A monitoring device for the continuous measurement of 

the secondary voltage of each ESP collection field.

(ii) A monitoring device for the continuous measurement of 

the secondary current of each ESP collection field.

(iii) Total secondary power may be calculated as the 

product of the secondary voltage and secondary current

measurements for each ESP collection field and used to 

demonstrate compliance as an alternative to the secondary 

voltage and secondary current measurements. 

(4) For any recovery furnace or lime kiln using an ESP 

followed by a wet scrubber, the owner or operator must use the 

continuous parameter monitoring devices specified in paragraphs 

(b)(2) and (3) of this section. The opacity monitoring system 

specified in paragraph (a)(1) of this section is not required 

for combination ESP/wet scrubber control device systems.

(c) Monitor operation and calculations. Any owner or 

operator subject to the provisions of this subpart must follow 

the procedures for collecting and reducing monitoring data and 

setting operating limits in paragraphs (c)(1) through (6) below. 

Subpart A of this part specifies methods for reducing continuous 

opacity monitoring system data. 
(1) Any owner or operator subject to the provisions of this 

subpart must, except where the provisions of §60.283a(a)(1)(iii) 

or (iv) apply, perform the following: 

(i) Calculate and record on a daily basis 12-hour average 

TRS concentrations for the two consecutive periods of each 

operating day. Each 12-hour average must be determined as the 

arithmetic mean of the appropriate 12 contiguous 1-hour average 

TRS concentrations provided by each continuous monitoring system 

installed under paragraph (a)(2) of this section. 

(ii) Calculate and record on a daily basis 12-hour average 

oxygen concentrations for the two consecutive periods of each 

operating day for the recovery furnace and lime kiln. These 12-

hour averages must correspond to the 12-hour average TRS 

concentrations under paragraph (c)(1)(i) of this section and 

must be determined as an arithmetic mean of the appropriate 12 

contiguous 1-hour average oxygen concentrations provided by each 

continuous monitoring system installed under paragraph (a)(2) of 

this section. 

(iii) Using the following equation, correct all 12-hour 

average TRS concentrations to 10 volume percent oxygen, except 

that all 12-hour average TRS concentrations from a recovery 

furnace must be corrected to 8 volume percent oxygen instead of 

10 percent, and all 12-hour average TRS concentrations from a 
facility to which the provisions of §60.283a(a)(1)(v) apply must

not be corrected for oxygen content: 

Ccorr = Cmeas×(21 – X/21 – Y)

where: 

Ccorr = the concentration corrected for oxygen. 

Cmeas = the concentration12-hour average of the measured 

concentrations uncorrected for oxygen. 

X=the volumetric oxygen concentration in percentage to be 

corrected to (8 percent for recovery furnaces and 10 percent for 

lime kilns, incinerators, or other devices). 

Y=the measured 12-hour average of the measured volumetric 

oxygen concentration. 

(2) Record at least once each successive 5-minute period 

all measurements obtained from the continuous monitoring devices 

installed under paragraph (b)(1) of this section. Calculate 3-

hour block averages from the recorded measurements of

incinerator temperature. Temperature measurements recorded when 

no TRS emissions are fired in the incinerator (e.g., during 

incinerator warm-up and cool-down periods when no TRS emissions 

are generated or an alternative control device is used) may be 

omitted from the block average calculation.

(3) Record at least once each successive 15-minute period 

all measurements obtained from the continuous monitoring devices 
installed under paragraph (b)(2) through (4) of this section and 

reduce the data as follows: 

(i) Calculate 12-hour block averages from the recorded 

measurements of wet scrubber pressure drop (or smelt dissolving 

tank scrubber fan amperage) and liquid flow rate (or liquid 

supply pressure), as applicable.

(ii) Calculate quarterlysemiannual averages from the 

recorded measurements of ESP parameters (secondary voltage and 

secondary current, or total secondary power) for ESP-controlled 

recovery furnaces or lime kilns that measure opacity in addition 

to ESP parameters.

(iii) Calculate 12-hour block averages from the recorded 

measurements of ESP parameters (secondary voltage and secondary 

current, or total secondary power) for recovery furnaces or lime 

kilns with combination ESP/wet scrubber controls. 

(4) During the initial performance test required in 

§60.285a, the owner or operator must establish site-specific 

operating limits for the monitoring parameters in paragraphs 

(b)(2) through (4) of this section by continuously monitoring

the parameters and determining the arithmetic average value of 

each parameter during the performance test. The arithmetic 

average of the measured values for the three test runs 

establishes your minimum site-specific operating limit for each 

wet scrubber or ESP parameter. Multiple performance tests may be 
conducted to establish a range of parameter values. The owner or 

operator may establish replacement operating limits for the 

monitoring parameters during subsequent performance tests using 

the test methods in §60.285a.

(5) You must operate the continuous monitoring systems 

required in paragraphs (a) and (b) of this section to collect 

data at all required intervals at all times the affected 

facility is operating except for periods of monitoring system 

malfunctions or out-of-control periods, 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 and

required zero and span adjustments.

(6) You may not use data recorded during monitoring system 

malfunctions or out-of-control periods, repairs associated with 

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

required monitoring system quality assurance or control 

activities in calculations used to report emissions or operating 

limits. You must use all the data collected during all other 

periods in assessing the operation of the control device and 

associated control system.

(7) Except for periods of monitoring system malfunctions, 

repairs associated with monitoring system malfunctions, and 

required quality monitoring system quality assurance or quality 
control activities (including, as applicable, system accuracy 

audits and required zero and span adjustments), failure to 

collect required data is a deviation of the monitoring

requirements.

(d) Excess emissions are defined for this subpart as 

follows:

(1) For emissions from any recovery furnace, periods of 

excess emissions are: 

(i) All 12-hour averages of TRS concentrations above 5 ppm 

by volume at 8-percent oxygen for straight kraft recovery 

furnaces and above 25 ppm by volume at 8-percent oxygen for 

cross recovery furnaces during times when BLS is fired. 

(ii) All 6-minute average opacities that exceed 20 percent

during times when BLS is fired.

(2) For emissions from any lime kiln, periods of excess 

emissions are:

(i) All 12-hour average TRS concentrations above 8 ppm by 

volume at 10-percent oxygen during times when lime mud is fired.

(ii) All 6-minute average opacities that exceed 20 percent

during times when lime mud is fired.

(3) For emissions from any digester system, brown stock 

washer system, multiple-effect evaporator system, or condensate 

stripper system, periods of excess emissions are: 
(i) All 12-hour average TRS concentrations above 5 ppm by 

volume at 10-percent oxygen unless the provisions of 

§60.283a(a)(1)(i), (ii), or (iv) apply; or 

(ii) All 3-hour block averages during which the combustion 

temperature at the point of incineration is less than 650°C 

(1200°F), where the provisions of §60.283a(a)(1)(iii) apply. 

and an incinerator is used as the combustion device.

(iii) All times when gases are not routed through the 

closed-vent system to one of the control devices specified in 

§60.283a(a)(1)(i) through (iii) and (v).

(4) For any recovery furnace, lime kiln, or smelt 

dissolving tank controlled with a wet scrubber emission control 

device that complies with the parameter monitoring requirements 

specified in §60.284a(b)(2), periods of excess emissions are:

(i) All 12-hour block average scrubbing liquid flow rate 

(or scrubbing liquid supply pressure) measurements below the 

minimum site-specific limit established during performance 

testing during times when BLS or lime mud is fired (as 

applicable), and 

(ii) All 12-hour block average scrubber pressure drop (or 

fan amperage, if used as an alternative under paragraph 

(b)(2)(iii) of this section) measurements below the minimum 

site-specific limit established during performance testing 
during times when BLS or lime mud is fired (as applicable), 

except during startup and shutdown.

(5) For any recovery furnace or lime kiln controlled with 

an ESP followed by a wet scrubber that complies with the 

parameter monitoring requirements specified in §60.284a(b)(4), 

periods of excess emissions are:

(i) All 12-hour block average scrubbing liquid flow rate 

(or scrubbing liquid supply pressure) measurements below the 

minimum site-specific limit established during performance 

testing during times when BLS or lime mud is fired (as 

applicable), and 

(ii) All 12-hour block average scrubber pressure drop 

measurements below the minimum site-specific limit established 

during performance testing during times when BLS or lime mud is 

fired (as applicable) except during startup and shutdown,

(iii) All 12-hour block average ESP secondary voltage 

andmeasurements below the minimum site-specific limit 

established during performance testing during times when BLS or 

lime mud is fired (as applicable) including startup and shutdown.

(iv) All 12-hour block average ESP secondary current 

measurements (or total secondary power values) below the minimum 

site-specific limit established during performance testing 

during times when BLS or lime mud is fired (as applicable).) 

except during startup and shutdown.
(e) The Administrator will not consider periods of excess 

emissions reported under §60.288a(a) to be indicative of a 

violation of the standards provided the criteria in paragraphs 

(e)(1) and (2) of this section are met. 

(1) The percent of the total number of possible contiguous 

periods of excess emissions in a quarterthe semiannual reporting 

period does not exceed: 

(i) One percent for TRS emissions from straight recovery 

furnaces, provided that the 12-hour average TRS concentration 

does not exceed 30 ppm corrected to 8-percent oxygen.

(ii) Two percent for average opacities from recovery 

furnaces, provided that the ESP secondary voltage and secondary 

current (or total secondary power) averaged over the 

quartersemiannual period remained above the minimum operating 

limits established during the performance test.

(iii) One percent for TRS emissions from lime kilns, 

provided that the 12-hour average TRS concentration does not 

exceed 22 ppm corrected to 10-percent oxygen.

(iv) One percent for average opacities from lime kilns, 

provided that the ESP secondary voltage and secondary current 

(or total secondary power) averaged over the quartersemiannual 

period remained above the minimum operating limits established 

during the performance test.
(v) One percent for TRS emissions from cross recovery 

furnaces, provided that the 12-hour average TRS concentration 

does not exceed 50 ppm corrected to 8-percent oxygen.

(vi) For closed-vent systems delivering gases to one of the 

control devices specified in §60.283a(a)(1)(i) through (iii) and 

(v), the time of excess emissions divided by the total process 

operating time in the semiannual reporting period does not 

exceed:

(A) One percent for LVHC closed-vent systems; or 

(B) Four percent for HVLC closed-vent systems or for HVLC 

and LVHC closed-vent systems combined.

(2) The Administrator determines that the affected 

facility, including air pollution control equipment, is 

maintained and operated in a manner which is consistent with 

good air pollution control practice for minimizing emissions 

during periods of excess emissions. 

(3) The 12-hour average TRS concentration uncorrected for 

oxygen may be considered when determining compliance with the 

excess emissions provisions in paragraphs (e)(1)(i) and (iii) of 

this section during periods of startup or shutdown when the 12-

hour average stack oxygen percentage approaches ambient 

conditions. If the measured12-hour average TRS concentration 

uncorrected for oxygen is less than the applicable limit (5 ppm 

for recovery furnaces or 8 ppm for lime kilns) during periods of 
startup or shutdown when the 12-hour average stack oxygen 

concentration is 15 percent or greater, then the Administrator 

will consider the TRS average to be in compliance. This 

provision only applies during periods of affected facility 

startup and shutdown.

(f) The procedures under §60.13 must be followed for 

installation, evaluation, and operation of the continuous 

monitoring systems required under this section. All continuous 

monitoring systems must be operated in accordance with the 

applicable procedures under Performance Specifications 1, 3, and 

5 of appendix B of this part.

§60.285a Test methods and procedures. 

(a) In conducting the performance tests required by this 

subpart and §60.8, the owner or operator must use as reference 

methods and procedures the test methods in appendix A of this 

part or other methods and procedures in this section, except as 

provided in §60.8(b). Acceptable alternative methods and 

procedures are given in paragraph (f) of this section. Section 

60.8(c) must be read as follows for purposes of this subpart: 

Performance tests shall be conducted under such conditions as 

the Administrator shall specify to the plant operator based on 

representative performance of the affected facility. The owner 

or operator shall make available to the Administrator such 
records as may be necessary to determine the conditions of the 

performance tests. Operations during periods of startup, 

shutdown and malfunction shall not constitute representative 

conditions for the purpose of a performance test. 

(b) The owner or operator must determine compliance with 

the filterable particulate matter standards in §60.282a(a)(1),

(2), (5) and (6) as follows:

(1) Method 5 of Appendix A-3 of this part must be used to 

determine the filterable particulate matter concentration. The 

sampling time and sample volume for each run must be at least 60 

minutes and 0.90 dscm (31.8 dscf). Water must be used as the 

cleanup solvent instead of acetone in the sample recovery 

procedure. The particulate concentration must be corrected to 

the appropriate oxygen concentration according to 

§60.284a(c)(3). 

(2) The emission rate correction factor, integrated 

sampling and analysis procedure of Method 3B of Appendix A-2 of 

this part must be used to determine the oxygen concentration. 

The gas sample must be taken at the same time and at the same 

traverse points as the particulate sample.

(3) Method 9 of Appendix A-4 of this part and the 

procedures in §60.11 must be used to determine opacity. Opacity 

measurement is not required for recovery furnaces or lime kilns 
operating with a wet scrubber alone or a wet scrubber in 

combination with an ESP.

(4) In addition to the initial performance test required by 

this subpart and §60.8(a), you must conduct repeat performance 

tests for filterable particulate matter at intervals no longer 

than 60 months5 years following the previous performance test 

using the procedures in paragraphs (b)(1) and (2) of this 

section.

(5) When the initial and repeat performance tests are 

conducted for filterable particulate matter, the owner or 

operator must also measure condensable particulate matter using 

Method 202 of Appendix M of part 51.

(c) The owner or operator must determine compliance with 

the filterable particular matter standards in §60.282a(a)(3) and 

(4) as follows: 

(1) The emission rate (E) of filterable particulate matter 

must be computed for each run using the following equation: 

E = csQsd/BLS

where: 

E = emission rate of filterable particulate matter, g/kg 

(lb/ton) of BLS. 

cs = Concentration of filterable particulate matter, g/dscm 

(lb/dscf). 
Qsd = volumetric flow rate of effluent gas, dry standard 

cubic meter per hour (dscm/hr) (dry standard cubic feet per hour

(dscf/hr).)).

BLS = black liquor solids (dry weight) feed rate, kg/hr 

(ton/hr). 

(2) Method 5 of Appendix A-3 of this part must be used to 

determine the filterable particulate matter concentration (cs) 

and the volumetric flow rate (Qsd) of the effluent gas. The 

sampling time and sample volume must be at least 60 minutes and 

0.90 dscm (31.8 dscf). Water must be used instead of acetone in 

the sample recovery. 

(3) Process data must be used to determine the black liquor 

solids (BLS) feed rate on a dry weight basis.

(4) In addition to the initial performance test required by 

this subpart and §60.8(a), you must conduct repeat performance 

tests for filterable particulate matter at intervals no longer 

than 60 months5 years following the previous performance test 

using the procedures in paragraphs (c)(1) through (3) of this 

section must be conducted within 60 months following the 

previous filterable particulate matter performance test..

(5) When the initial and repeat performance tests are 

conducted for filterable particulate matter, the owner or 
operator must also measure condensable particulate matter using 

Method 202 of Appendix M of part 51.

(d) The owner or operator must determine compliance with 

the TRS standards in §60.283a, except §60.283a(a)(1)(vi) and 

(4), as follows: 

(1) Method 16 of Appendix A-6 of this part must be used to 

determine the TRS concentration. The TRS concentration must be 

corrected to the appropriate oxygen concentration using the 

procedure in §60.284a(c)(3). The sampling time must be at least 

3 hours, but no longer than 6 hours. 

(2) The emission rate correction factor, integrated 

sampling and analysis procedure of Method 3B of Appendix A-2 of 

this part must be used to determine the oxygen concentration. 

The sample must be taken over the same time period as the TRS 

samples.

(3) When determining whether a furnace is a straight kraft 

recovery furnace or a cross recovery furnace, TAPPI Method T

.624 (incorporated by reference—see §60.17(d)(1))) must be used 

to determine sodium sulfide, sodium hydroxide, and sodium 

carbonate. These determinations must be made 3 times daily from 

the green liquor, and the daily average values must be converted 

to sodium oxide (Na20) and substituted into the following 

equation to determine the green liquor sulfidity: 
( ) 2 2 2 3

100 / GLS = CNa S CNa SCNaOH CNa CO

Where: 

GLS = green liquor sulfidity, percent. 

CNa2S = concentration of Na2S as Na2O, mg/milligrams per

liter (mg/L) (grains per gallon (gr/gal).)).

CNaOH = concentration of NaOH as Na2O, mg/ literL (gr/gal). 

CNa2CO3 = concentration of Na2CO3 as Na2O, mg/ literL

(gr/gal). 

(4) For recovery furnaces and lime kilns, in addition to 

the initial performance test required in this subpart and 

§60.8(a), you must conduct repeat TRS performance tests at 

intervals no longer than 60 months5 years following the previous 

performance test using the procedures in paragraphs (d)(1) and 

(2) of this section.

(e) The owner or operator must determine compliance with 

the TRS standards in §60.283a(a)(1)(vi) and (4) as follows: 

(1) The emission rate (E) of TRS must be computed for each 

run using the following equation:

E=CTRS F Qsd/P

where: 

E= = emission rate of TRS, g/kg (lb/ton) of BLS or ADP. 

CTRS= = average combined concentration of TRS, ppm. 
F = conversion factor, 0.001417 g H2S/cubic meter (m3-)-ppm 

(8.846 × 10-8 lb H2S/cubic foot (ft3-)-ppm).

Qsd= = volumetric flow rate of stack gas, dscm/hr 

(dscf/hr). 

P= = black liquor solids feed or pulp production rate, 

kg/hr (ton/hr). 

(2) Method 16 of Appendix A-6 of this part must be used to 

determine the TRS concentration (CTRS). 

(3) Method 2 of Appendix A-1 of this part must be used to 

determine the volumetric flow rate (Qsd) of the effluent gas. 

(4) Process data must be used to determine the black liquor 

feed rate or the pulp production rate (P). 

(5) For smelt dissolving tanks, in addition to the initial 

performance test required in this subpart and §60.8(a), you must 

conduct repeat TRS performance tests at intervals no longer than 

60 months5 years following the previous performance test using 

the procedures in paragraphs (e)(1) through (4) of this section.

(f) The owner or operator may use the following as 

alternatives to the reference methods and procedures specified 

in this section: 

(1) In place of Method 5 of Appendix A-3 of this part, 

Method 17 of Appendix A-6 of this part may be used if a constant 

value of 0.009 g/dscm (0.004 gr/dscf) is added to the results of 
Method 17 and the stack temperature is no greater than 204°C 

(400°F).

(2) In place of Method 16 of Appendix A-6 of this part, 

Method 16A, 16B, or 16C of Appendix A-6 of this part may be 

used.

(3) In place of Method 3B of Appendix A-2 of this part, 

ASME PTC 19.10–1981 [Part 10] (incorporated by reference—see 

§60.17(h)(4))) may be used.

§60.286a Affirmative Defense for Violations of Emission 

Standards During Malfunction. 

In response to an action to enforce the standards set forth 

in §§60.282a and 60.283a, 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 §60.2. Appropriate 

penalties may be assessed if you fail to meet your burden of 

proving all of the requirements in the affirmative defense. The 

affirmative defense must not be available for claims for 

injunctive relief.

(a) Assertion of affirmative defense. 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; 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 

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 violation 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 must also 

specify, using best monitoring methods and engineering judgment, 

the amount of any emissions that were the result of the 

malfunction.

(b) Report. The owner or operator seeking to assert an 

affirmative defense must submit a written report to the 

Administrator with all necessary supporting documentation that 

explains how it has met the requirements set forth in paragraph 

(a) of this section. This affirmative defense report must 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.

§60.287a Recordkeeping.

(a) The owner or operator must maintain records of the

performance evaluations of the continuous monitoring systems.

(b) For each continuous monitoring system, the owner or 

operator must maintain records of the following information, as 

applicable:

(1) Records of the opacity of the gases discharged into the 

atmosphere from any recovery furnace or lime kiln using an ESP 

emission control device, except as specified in paragraph (b)(6) 

of this section, and records of the ESP secondary voltage and 

secondary current (or total secondary power) averaged over the 

reporting period for the opacity allowances specified in 

§60.284a(e)(1)(ii) and (iv).

(2) Records of the concentration of TRS emissions on a dry 

basis and the percent of oxygen by volume on a dry basis in the 

gases discharged into the atmosphere from any lime kiln, 
recovery furnace, digester system, brown stock washer system, 

multiple-effect evaporator system, or condensate stripper 

system, except where the provisions of §60.283a(a)(1)(iii) or 

(iv) apply.

(3) Records of the incinerator combustion temperature at 

the point of incineration of effluent gases which are emitted 

from any digester system, brown stock washer system, multiple 

effect evaporator system, black liquor oxidation system, or 

condensate stripper system where the provisions of 

§60.283a(a)(1)(iii) apply and an incinerator is used as the 

combustion device.

(4) For any recovery furnace, lime kiln, or smelt 

dissolving tank using a wet scrubber emission control device:

(i) Records of the pressure drop of the gas stream through 

the control equipment (or smelt dissolving tank scrubber fan 

amperage), and

(ii) Records of the scrubbing liquid flow rate (or 

scrubbing liquid supply pressure).

(5) For any recovery furnace or lime kiln using an ESP 

control device:

(i) Records of the secondary voltage of each ESP collection 

field, and

(ii) Records of the secondary current of each ESP 

collection field, and
(iii) If used as an alternative to secondary voltage and 

current, records of the total secondary power of each ESP 

collection field.

(6) For any recovery furnace or lime kiln using an ESP 

followed by a wet scrubber, the records specified under 

paragraphs (b)(4) and (5) of this section.

(7) Records of excess emissions as defined in §60.284a(d).

(c) For each malfunction, the owner or operator must 

maintain records of the following information:

(1) Records of the occurrence and duration of each 

malfunction of operation (i.e., process equipment) or the air 

pollution control and monitoring equipment.

(2) Records of actions taken during periods of malfunction 

to minimize emissions in accordance with §60.11(d), including 

corrective actions to restore malfunctioning process and air 

pollution control and monitoring equipment to its normal or 

usual manner of operation.

§60.288a Reporting.

(a) For the purpose of reports required under §60.7(c), any 

owner or operator subject to the provisions of this subpart must

report semiannually periods of excess emissions defined in 

§60.284a(d).

(b) Within 60 days after the date of completing each 
performance test (defined in §60.8) as required by this subpart 

you must submit the results of the performance tests, including 

any associated fuel analyses, required by this subpart to the 

EPA as follows. You must use the latest version of the EPA’s 

Electronic Reporting Tool (ERT) (see 

http://www.epa.gov/ttn/chief/ert/index.html) existing at the 

time of the performance test to generate a submission package 

file, which documents performance test data. You must then 

submit the file generated by the ERT through the EPA's 

Compliance and Emissions Data Reporting Interface (CEDRI), which 

can be accessed by logging in to the EPA's Central Data Exchange 

(CDX) (https://cdx.epa.gov/). Only data collected using test 

methods supported by the ERT as listed on the ERT website are 

subject to the requirement to submit the performance test data 

electronically. 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 

disk, flash drive, or other commonly used electronic storage 

media to the 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 the 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 

informationCBI, 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 must submit the results of the 

performance test to the Administrator at the appropriate address 

listed in §60.4.

(c) Within 60 days after the date of completing each CEMS 

performance evaluation test as defined in §60.13, you must 

submit relative accuracy test audit (RATA) data to the EPA’s 

Central Data Exchange (CDX) by using CEDRI in accordance with 

paragraph (b) 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 must submit the results of the performance 

evaluation to the Administrator at the appropriate address 

listed in §60.4.

(d) If a malfunction occurred during the reporting period, 

you must submit a report that contains the following:

(1) The number, duration, and a brief description for each 

type of malfunction which occurred during the reporting period 

and which caused or may have caused any applicable emission 
limitation to be exceeded.

(2) A description of actions taken by an owner or operator 

during a malfunction of an affected facility to minimize 

emissions in accordance with §60.11(d), including actions taken 

to correct a malfunction.