[Federal Register Volume 80, Number 31 (Tuesday, February 17, 2015)]
[Proposed Rules]
[Pages 8442-8484]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-01699]



[[Page 8441]]

Vol. 80

Tuesday,

No. 31

February 17, 2015

Part III





Environmental Protection Agency





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40 CFR Parts 60 and 63





National Emission Standards for Hazardous Air Pollutants From Coal- and 
Oil-Fired Electric Utility Steam Generating Units and Standards of 
Performance for Fossil-Fuel-Fired Electric Utility, Industrial-
Commercial-Institutional, and Small Industrial-Commercial-Institutional 
Steam Generating Units; Revisions; Proposed Rule

Federal Register / Vol. 80 , No. 31 / Tuesday, February 17, 2015 / 
Proposed Rules

[[Page 8442]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 60 and 63

[EPA-HQ-OAR-2009-0234 and EPA-HQ-OAR-2011-0044; FRL-9921-04-OAR]
RIN 2060-AS41


National Emission Standards for Hazardous Air Pollutants From 
Coal- and Oil-Fired Electric Utility Steam Generating Units and 
Standards of Performance for Fossil-Fuel-Fired Electric Utility, 
Industrial-Commercial-Institutional, and Small Industrial-Commercial-
Institutional Steam Generating Units; Revisions

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule.

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SUMMARY: The U.S. Environmental Protection Agency (EPA) is proposing 
this action to correct and clarify certain text of the final action 
titled ``National Emission Standards for Hazardous Air Pollutants From 
Coal- and Oil-Fired Electric Utility Steam Generating Units and 
Standards of Performance for Fossil-Fuel-Fired Electric Utility, 
Industrial-Commercial-Institutional, and Small Industrial-Commercial-
Institutional Steam Generating Units,'' which was published in the 
Federal Register of Thursday, February 16, 2012. We are also proposing 
to remove rule provisions establishing an affirmative defense for 
malfunction events in light of a recent court decision on the issue.

DATES: Comments. Comments must be received on or before April 3, 2015.
    Public Hearing. If anyone contacts the EPA requesting a public 
hearing by February 23, 2015, the EPA will hold a public hearing on 
March 4, 2015 from 1 p.m. (Eastern Standard Time) to 5 p.m. (Eastern 
Standard Time) at the U.S. Environmental Protection Agency building 
located at 109 T.W. Alexander Drive, Research Triangle Park, NC 27711. 
If the EPA holds a public hearing, the EPA will keep the record of the 
hearing open for 30 days after completion of the hearing to provide an 
opportunity for submission of rebuttal and supplementary information.

ADDRESSES: Submit your comments, identified by Docket ID. No. EPA-HQ-
OAR-2011-0044 (NSPS action) or Docket ID No. EPA-HQ-OAR-2009-0234 
(NESHAP/MATS action), by one of the following methods:
    <bullet> Federal rulemaking portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
    <bullet> Agency Web site: http://www.epa.gov/oar/docket.html. 
Follow the instructions for submitting comments on the EPA Air and 
Radiation Docket Web site.
    <bullet> Email: Comments may be sent by electronic mail (email) to 
<a href="/cdn-cgi/l/email-protection#c7a6eaa6a9a3eab5eaa3a8a4aca2b387a2b7a6e9a0a8b1"><span class="__cf_email__" data-cfemail="03622e626d672e712e676c60686677436673622d646c75">[email protected]</span></a>, Attention EPA-HQ-OAR-2011-0044 (NSPS action) or 
EPA-HQ-OAR-2009-0234 (NESHAP/MATS action).
    <bullet> Fax: Fax your comments to: (202) 566-9744, Docket ID No. 
EPA-HQ-OAR-2011-0044 (NSPS action) or Docket ID No. EPA-HQ-OAR-2009-
0234 (NESHAP/MATS action).
    <bullet> Mail: Send your comments on the NESHAP/MATS action to: EPA 
Docket Center (EPA/DC), Environmental Protection Agency, Mailcode: 
28221T, 1200 Pennsylvania Ave. NW., Washington, DC 20460, Docket ID No. 
EPA-HQ-OAR-2009-0234. Send your comments on the NSPS action to: EPA 
Docket Center (EPA/DC), Environmental Protection Agency, Mailcode: 
2822T, 1200 Pennsylvania Ave. NW., Washington, DC 20460, Docket ID. No. 
EPA-HQ-OAR-2011-0044.
    <bullet> Hand Delivery or Courier: Deliver your comments to: EPA 
Docket Center, EPA WJC West Building, Room 3334, 1301 Constitution Ave. 
NW., Washington, DC 20460. Such deliveries are only accepted during the 
Docket's normal hours of operation (8:30 a.m. to 4:30 p.m., Monday 
through Friday, excluding legal holiday), and special arrangements 
should be made for deliveries of boxed information.

FOR FURTHER INFORMATION CONTACT: For the NESHAP action: Mr. Barrett 
Parker, Measurement Policy Group, Sector Policies and Programs 
Division, (D243-05), Office of Air Quality Planning and Standards, U.S. 
Environmental Protection Agency, Research Triangle Park, North Carolina 
27711; Telephone number: (919) 541-5635; Fax number (919) 541-3207; 
email address: <a href="/cdn-cgi/l/email-protection#552534273e30277b37342727302121153025347b323a23"><span class="__cf_email__" data-cfemail="d7a7b6a5bcb2a5f9b5b6a5a5b2a3a397b2a7b6f9b0b8a1">[email protected]</span></a>. For the NSPS action: Mr. 
Christian Fellner, Energy Strategies Group, Sector Policies and 
Programs Division, (D243-01), Office of Air Quality Planning and 
Standards, U.S. Environmental Protection Agency, Research Triangle 
Park, North Carolina 27711; Telephone number: (919) 541-4003; Fax 
number (919) 541-5450; email address: <a href="/cdn-cgi/l/email-protection#2741424b4b49425509444f554e54534e46496742574609404851"><span class="__cf_email__" data-cfemail="0365666f6f6d66712d606b716a70776a626d436673622d646c75">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: 
    Comment Instructions. All submissions must include agency name and 
respective docket number or Regulatory Information Number (RIN) for 
this rulemaking. All comments will be posted without change and may be 
made available online at http://www.regulations.gov, including any 
personal information provided, unless the comment includes information 
claimed to be confidential business information (CBI) or other 
information whose disclosure is restricted by statute. Do not submit 
information that you consider to be CBI or otherwise protected through 
http://www.regulations.gov or email. The http://www.regulations.gov Web 
site is an ``anonymous access'' system, which means the EPA will not 
know your identity or contact information unless you provide it in the 
body of your comment. If you send an email comment directly to the EPA 
without going through http://www.regulations.gov, your email address 
will be automatically captured and included as part of the comment that 
is placed in the public docket and made available on the Internet. If 
you submit an electronic comment, the EPA recommends that you include 
your name and other contact information in the body of your comment and 
with any disk or CD-ROM you submit. If the EPA cannot read your comment 
due to technical difficulties and cannot contact you for clarification, 
the EPA may not be able to consider your comment. Electronic files 
should avoid the use of special characters, any form of encryption, and 
be free of any defects or viruses.
    Public Hearing. If requested by February 23, 2015, we will hold a 
public hearing on March 4, 2015, from 1 p.m. (Eastern Standard Time) to 
5 p.m. (Eastern Standard Time) at the U.S. Environmental Protection 
Agency building located at 109 T.W. Alexander Drive, Research Triangle 
Park, NC 27711. Please contact Ms. Pamela Garrett of the Sector 
Policies and Programs Division (D243-01), Office of Air Quality 
Planning and Standards, Environmental Protection Agency, Research 
Triangle Park, NC 27711; telephone number: 919-541-7966; email address: 
<a href="/cdn-cgi/l/email-protection#5b3c3a29293e2f2f752b3a363e373a1b3e2b3a753c342d"><span class="__cf_email__" data-cfemail="85e2e4f7f7e0f1f1abf5e4e8e0e9e4c5e0f5e4abe2eaf3">[email protected]</span></a>; to request a hearing, register to speak at the 
hearing or to inquire as to whether or not a hearing will be held. The 
last day to pre-register in advance to speak at the hearing will be 
March 2, 2015. Additionally, requests to speak will be taken the day of 
the hearing at the hearing registration desk, although preferences on 
speaking times may not be able to be fulfilled. If you require the 
service of a translator or special accommodations such as audio 
description, we ask that you pre-register for the hearing, as we may 
not be able to arrange such accommodations without advance notice. The 
hearing will provide interested parties the

[[Page 8443]]

opportunity to present data, views or arguments concerning the proposed 
action. The EPA will make every effort to accommodate all speakers who 
arrive and register. Because this hearing is being held at a U.S. 
government facility, individuals planning to attend the hearing should 
be prepared to show valid picture identification to the security staff 
in order to gain access to the meeting room. Please note that the REAL 
ID Act, passed by Congress in 2005, established new requirements for 
entering federal facilities. If your driver's license is issued by 
Alaska, American Samoa, Arizona, Kentucky, Louisiana, Maine, 
Massachusetts, Minnesota, Montana, New York, Oklahoma or the State of 
Washington, you must present an additional form of identification to 
enter the federal building. Acceptable alternative forms of 
identification include: Federal employee badges, passports, enhanced 
driver's licenses and military identification cards. In addition, you 
will need to obtain a property pass for any personal belongings you 
bring with you. Upon leaving the building, you will be required to 
return this property pass to the security desk. No large signs will be 
allowed in the building, cameras may only be used outside of the 
building and demonstrations will not be allowed on federal property for 
security reasons. The EPA may ask clarifying questions during the oral 
presentations, but will not respond to the presentations at that time. 
Written statements and supporting information submitted during the 
comment period will be considered with the same weight as oral comments 
and supporting information presented at the public hearing. Verbatim 
transcripts of the hearing and written statements will be included in 
the docket for the rulemaking. The EPA will make every effort to follow 
the schedule as closely as possible on the day of the hearing; however, 
please plan for the hearing to run either ahead of schedule or behind 
schedule. Again, a hearing will not be held on this rulemaking unless 
requested. A hearing needs to be requested by February 23, 2015. Again, 
please contact Ms. Pamela Garrett of the Sector Policies and Programs 
Division (D243-01), Office of Air Quality Planning and Standards, 
Environmental Protection Agency, Research Triangle Park, NC 27711; 
telephone number: 919-541-7966; email address: <a href="/cdn-cgi/l/email-protection#f89f998a8a9d8c8cd68899959d9499b89d8899d69f978e"><span class="__cf_email__" data-cfemail="f790968585928383d987969a929b96b7928796d9909881">[email protected]</span></a> 
to request a hearing.
    Docket. All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some 
information is not publicly available (e.g., CBI or other information 
whose disclosure is restricted by statute). Certain other material, 
such as copyrighted material, will be publicly available only in hard 
copy form. Publicly available docket materials are available either 
electronically in http://www.regulations.gov or in hard copy at the EPA 
Docket Center, Room 3334, 1301 Constitution Avenue NW., Washington, DC. 
The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday 
through Friday, excluding legal holidays. The telephone number for the 
Public Reading Room is (202) 566-1744, and the telephone number for the 
Air Docket is (202) 566-1742.

I. Technical Corrections

    The final Clean Air Act (CAA) rules published in the Federal 
Register on February 16, 2012 (77 FR 9303), establish national emission 
standards for hazardous air pollutants (NESHAP) from coal- and oil-
fired electric utility steam generating units (EGUs), referred to as 
``the Mercury and Air Toxics Standards'' or ``MATS,'' and new source 
performance standards (NSPS) for fossil-fuel-fired electric utility, 
industrial-commercial-institutional, and small industrial-commercial-
institutional steam generating units, referred to as the Utility NSPS.
    In this document, the EPA proposes to correct certain regulatory 
text. The proposed corrections can be categorized generally as follows: 
(a) Resolution of conflicts between preamble and regulatory text, (b) 
corrections that we stated we would make in response to comments that 
were inadvertently not made, and (c) clarification of language in 
regulatory text. Below, we identify each proposed technical correction 
to the regulatory text as found in the Code of Federal Regulations 
(i.e., 40 CFR). The EPA is soliciting comments on all of these proposed 
corrections.
    1. Section 60.49Da(f) is revised to amend the procedures for 
calculating compliance with the NSPS daily average particulate matter 
(PM) emission limit for affected facilities using PM continuous 
emission monitoring systems (CEMS) and that commenced construction, 
modification, or reconstruction before May 4, 2011. Even though it was 
not included in the proposal, in an effort to clarify certain language 
in 40 CFR 60.48Da(f), we amended the procedure for calculating 
compliance with the daily average PM limit for affected facilities for 
which construction, modification, or reconstruction commenced before 
May 4, 2011, using PM CEMS (78 FR 24073; April 24, 2013). The 
amendments removed the provision that for operating days with less than 
18 hours of PM CEMS data, the data for that day would be rolled into 
the following operating day(s) until 18 hours of data are available. 
The intent of the original language was to assure that compliance with 
the daily PM emission rate was not determined with significantly less 
than 24 hours of data, but that all emissions data would still be used. 
The intent of the revised data was to eliminate the requirement to roll 
emissions data recorded on days without sufficient data to determine a 
daily average to the following operating day, but that a minimum of 18 
hours would still be required to determine compliance with the daily PM 
standard. Industry requested reconsideration stating that they did not 
have an opportunity to comment on the issue, and that the revised 
calculation procedures could in fact require compliance determinations 
with significantly less than 24 hours of data. The proposed revisions 
would undo those changes and return the calculation procedures to the 
approach used prior to April 24, 2013. Specifically, for operating days 
with less than 18 hours of PM CEMS data, that data would be rolled into 
the following operating day(s) until over 18 hours of data are 
available to determine compliance with the operating day standard. We 
are soliciting comment on whether the intent of the current calculation 
procedures should be maintained (i.e., data collected on days with less 
than 18 hours of data would not be used to determine compliance with 
the PM standard and would also not be rolled into the following 
operating day(s)). If the current approach is maintained, the 
regulatory language would be revised to avoid situations where 
compliance calculations would be made with less than 18 hours of data.
    2. Section 63.9983(a) is revised to clarify that MATS does not 
apply to either major or area source combustion turbines, except for 
integrated gasification combined cycle (IGCC) units. In the final MATS 
rule, 40 CFR 63.9983(a) exempted from MATS ``any unit designated as a 
stationary combustion turbine, except an integrated gasification 
combined cycle (IGCC) unit, covered by 40 CFR part 63, subpart YYYY.'' 
Because area source stationary combustion turbines are not subject to 
subpart YYYY, which is applicable to stationary combustion turbines 
located at major sources, the Agency received questions concerning the 
applicability of MATS to the area

[[Page 8444]]

source units in that category. The EPA intended by the exemption to 
exempt all stationary source combustion turbines other than IGCC units 
from the requirements of MATS, because the EPA does not interpret the 
statute to include those units within the definition of EGU in CAA 
section 112(a)(8). The proposed revisions to the regulations will 
clarify the EPA's interpretation and intent and prevent future 
confusion concerning the applicability of the MATS rule to stationary 
combustion turbines located at area sources.
    3. Section 63.9983(b) and (c) is revised consistent with the 
definitional changes discussed below. The definitional changes are 
being proposed so that sources will know the time period to consider 
when determining whether their coal or oil utilization triggers 
applicability of the MATS rule. As explained below, the change is 
particularly important in the first 3 years after the compliance date 
when sources will be required to estimate coal and oil utilization in 
their EGUs to determine applicability of the MATS rule.
    4. Section 63.9983(e) is added to clarify CAA section 112 
applicability to the units that meet the definition of a natural gas-
fired EGU in MATS, and, because they combust greater than 10 percent 
biomass, also meet the definition of a biomass-fired boiler in the 
Industrial Boiler NESHAP (40 CFR part 63, subpart DDDDD). These 
overlapping definitions led to confusion in the regulated community 
about whether such units are natural gas-fired EGUS pursuant to MATS or 
biomass-fired boilers subject to the Industrial Boiler NESHAP. We are 
revising the MATS rule to make clear that such units are biomass-fired 
boilers subject to the industrial boiler NESHAP. Similar revisions to 
the applicability provisions of the Industrial Boiler NESHAP have been 
proposed.\1\
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    \1\ Prepublication version found at http://www.epa.gov/ttn/atw/boiler/boilerpg.html. The prepublication version will be replaced 
with the Federal Register document when the proposal is published.
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    5. Section 63.9991(c)(1) and (2) is being revised to clarify the 
conditions that are required in order to use the alternate sulfur 
dioxide (SO<INF>2</INF>) limit.
    6. Sections 63.10000(c)(1)(i)(A) and 63.10005(h) are revised to 
clarify the provisions of units designated as being low emitting EGUs 
(LEE) when an acid gas scrubber and a bypass stack are present.
    7. Section 63.10000(c)(1)(i)(C) is added to allow EGUs the ability 
to seek LEE status if their bypass stacks vent through stacks that are 
able to measure emissions. In addition, the proposed language would 
allow EGUs with LEE status the ability to bypass emissions control 
devices during emergency periods provided certain fuel and time 
restrictions, along with notification requirements, occur.
    The final MATS rule did not allow EGUs whose emissions control 
devices had bypasses to seek LEE status. Owners and operators of EGUs 
whose emissions control devices had no bypass stacks, but instead 
routed bypass emissions through main stacks equipped with emissions 
measurement capability, requested that we allow their EGUs to seek LEE 
status provided emissions were measured during bypass events. We 
believe that EGU owners or operators that have the ability to measure 
and report emissions during bypass events should be able to seek LEE 
status as long as bypass emissions are included in the calculations 
required to demonstrate the LEE status eligibility. For this reason, we 
are proposing to allow this option.
    Also, a number of EGU owners or operators requested that we allow 
EGUs with LEE status the ability to bypass their emissions control 
devices in emergency conditions, provided that the EGUs were combusting 
clean fuels and that the bypass periods were of short duration.\2\ We 
reviewed the requests and believe that control device bypass operation 
for up to 2 percent of EGU operating hours while combusting clean fuel 
during emergency periods is reasonable, provided a report detailing the 
emergency event, its cause, the corrective action taken to alleviate 
the emergency event, and estimates of the emissions released during the 
emergency event are provided. In addition, an EGU owner or operator 
must include these emergency emissions along with performance test 
results in assessing whether its EGU maintains LEE status. We seek 
comment on the adequacy of the restrictions associated with bypass 
conditions regarding maintaining LEE status.
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    \2\ To the extent these EGUs bypassed their control devices 
without measuring emissions, the hours of bypass operation would 
need to be reported as hours of monitoring deviation and subject to 
potential enforcement action.
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    8. Section 63.10000(c)(2)(iii) is revised to state that EGU owners 
or operators who choose to use quarterly testing and parametric 
monitoring for hydrogen fluoride (HF) or hydrogen chloride (HCl) 
compliance must include the continuous monitoring systems (CMS) that 
will be used in their site-specific monitoring plans to comply with the 
monitoring requirements.
    9. Section 63.10000(m) is added to clarify that EGU owners or 
operators who choose to meet the work practice standards contained in 
paragraph (2) of the definition of startup may verify, instead of 
certify, monitoring systems used to generate data to meet the work 
practice standards. Moreover, this addition clarifies that those 
monitoring systems may be installed, verified, operated, maintained, 
and quality assured using manufacturer's specifications.
    10. Section 63.10001 is revised to remove the affirmative defense 
provisions as explained in Section II below. The section is reserved.
    11. Section 63.10005(a) is revised to clarify that different 
compliance demonstrations may require different and additional types of 
data collection and to clarify the date by which compliance must be 
demonstrated for existing EGUs.
    12. Section 63.10005(a)(2) is revised to clarify the date by which 
compliance must be demonstrated for EGUs using CMS or sorbent trap 
monitoring systems.
    13. Section 63.10005(a)(2)(i) is revised to clarify applicability 
of the provision to both the 30- and 90-boiler operating day 
performance testing requirements.
    14. Section 63.10005(b)(1) is revised to clarify the time period 
allowed for existing EGUs to use stack test data collected prior to the 
applicable compliance date.
    15. Section 63.10005(b)(6) is added to clarify the date EGUs must 
begin conducting required stack tests when stack test data collected 
prior to the applicable compliance date are submitted to satisfy the 
initial performance test requirement.
    16. Section 63.10005(d)(3) and (d)(4)(i) is revised to more clearly 
state when compliance must be demonstrated.
    17. Section 63.10005(f) is revised to clarify when sources must 
complete the initial boiler tune-up after the compliance date, and the 
timing for subsequent tune-ups when a tune-up conducted prior to the 
compliance date is used to satisfy the initial tune-up requirement.
    18. Section 63.10005(h)(3) is revised to clarify that the alternate 
30- and 90-day averaging provisions are both applicable to mercury (Hg) 
emission limits, and to clarify the sampling probe location.
    19. Section 63.10005(i)(4) is revised to delete paragraphs (iii) 
and (iv). The identified test methods contain requirements for fuel 
sampling, not determining fuel moisture content, as required in the 
provision.

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    20. Section 63.10006(f) is revised to specify EGU operational 
status with respect to performance testing; to identify the 
requirements--including make-up testing and reporting--if the 
performance testing schedule is missed apart from using existing skip 
procedures; and to identify intervals between performance tests. The 
final MATS rule had no provision that allowed an EGU owner or operator 
to skip a required performance test if its EGU was otherwise not 
operating; we did not believe the rule needed to be explicit in stating 
that EGUs need not be turned on solely to conduct performance testing. 
However, we have received questions regarding this circumstance. We 
believe it is appropriate to allow an EGU owner or operator the ability 
to skip a required performance test if its EGU is not otherwise 
operating, and are proposing this in this action. The final MATS rule 
had no provisions regarding make-up testing and reporting should a 
regularly scheduled performance test be missed for reasons other than 
the existing skip procedures. We believe it is appropriate to specify a 
schedule for required make-up testing and reporting, and are proposing 
such a schedule in this action. The final MATS rule specified the time 
periods between performance tests, but EGU owners or operators 
expressed concerns about being able to adhere to such a schedule. We 
believe their concerns about having too tight a timeline for retesting 
to occur and our concern about having a sufficient interval of time 
between tests such that the results better reflect characteristics of 
different periods can be addressed by specifying a minimum interval of 
time between subsequent performance tests, which we are proposing in 
this action. We welcome comments as to the need for, as well as 
efficacy of, these proposed revisions, as well as on these proposed 
intervals.
    21. Section 63.10009(a)(2) and (a)(2)(i) is revised to clarify that 
the 90-boiler operating day averaging period is available as an option 
for Hg emissions from non-low rank virgin coal-fired EGUs (i.e., EGUs 
in the subcategory ``unit designed for coal >=8,300 Btu/lb''). In the 
final MATS (77 FR 9303 at 9385), we had indicated that we were 
providing the 90-boiler operating day averaging period as an 
alternative compliance approach (to the standard 30-boiler operating 
day averaging period) for Hg emissions from EGUs in that subcategory. 
However, the regulatory text in 40 CFR 63.10009(a)(2) did not clearly 
reflect this option.
    The term ``gross electric output'' is also corrected to ``gross 
output'' which is the term defined in 40 CFR 63.10042.
    22. Section 63.10009(b)(1) is revised to clarify group eligibility 
equations 1a and 1b. These equations were developed to provide EGU 
owners or operators a quick method for determining if their emissions 
averaging group could meet the emissions limit when operated at the 
maximum rated heat input and, in some cases, steam production. 
Commenters reported difficulty in using the equations in the final 
rule, so the equations have been revised so that individual EGU 
characteristics, whether from CEMS or stack testing results, are easier 
to input. We request comment on the proposed revisions concerning their 
usefulness in calculating the maximum potential emissions rate from an 
emissions averaging group. The term ``gross electric output'' is also 
corrected to ``gross output'' which is the term defined in 40 CFR 
63.10042.
    23. Section 63.10009(b)(2) and (3) is revised to correct the term 
``gross electric output'' to ``gross output'' which is the term defined 
in 40 CFR 63.10042.
    24. Section 63.10009(f) is revised to clarify the conditions for 
determining the ability of the emissions averaging group to meet the 
emissions limit and to clarify use of the alternate Hg emission limit. 
Instead of relying on the maximum normal operating load of each EGU in 
determining the ability of the emissions averaging group to demonstrate 
initial compliance, as was contained in the final MATS rule, we are 
proposing in this action to use the maximum possible heat input or 
gross output of each EGU in determining the ability of the emission 
averaging group to demonstrate initial compliance. In addition, instead 
of calculating the maximum weighted average emissions rate, as used in 
the final MATS rule, we are proposing in this action to calculate the 
initial weighted average emissions rate. Finally, instead of specifying 
just one date for submitting an emissions averaging plan, as was done 
in the final MATS rule, we are proposing in this action to allow an EGU 
owner or operator the flexibility to choose other dates to begin using 
an emissions averaging plan by allowing the submission of an emissions 
averaging plan at least 120 days before the date on which emissions 
averaging is to begin. We believe these changes will provide additional 
flexibility without undermining the enforceability of the final 
standards.
    25. Section 63.10009(f)(2), (g)(1), (g)(2), and (j)(1)(ii) is 
revised to correct the term ``gross electric output'' to ``gross 
output'' which is the term defined in 40 CFR 63.10042.
    26. Section 63.10010(a)(4) is revised to add a requirement to route 
exhaust gases that bypass emissions control devices through stacks that 
contain monitoring so that emissions can be measured and to clarify 
that hours that a bypass stack is in use are to be counted as hours of 
deviation from monitoring requirements.
    27. Section 63.10010(f)(3) is revised to clarify that 30-boiler 
operating day rolling averages are to be based only on valid hourly 
SO<INF>2</INF> emission rates.
    28. Section 63.10010(h)(6)(i) and (ii), (i)(5)(A) and (B), and 
(j)(4)(i)(A) and (B) is revised to clarify that data collected during 
certain periods are not to be included in compliance assessments but 
such periods are to be included in annual deviation reports. The final 
MATS rule established that all data collected with PM CPMS, PM CEMS, 
and HAP metals CEMS during all boiler operating hours were to be used 
in assessing compliance except those data collected during monitoring 
system malfunctions, repairs associated with monitoring system 
malfunctions, required quality assurance or quality control activities, 
or monitoring out-of-control periods. In addition, the final MATS rule 
sections combined the requirement to report the periods when data 
collected during these operating periods as deviations into one long 
sentence. In this action, we are proposing to separate these 
requirements into two sentences to ease readability.
    29. Section 63.10010(l)(i) is revised to replace the incorrect 
reference to Sec.  63.7(e) with the correct reference to Sec.  
63.8(d)(2).
    30. Section 63.10010(l) and (l)(4) is revised to clarify that EGU 
owners or operators who choose to meet the work practice standards 
contained in paragraph (2) of the definition of startup may verify, 
instead of certify, monitoring systems used to generate data to meet 
the work practice standards. Moreover, this revision clarifies that 
those monitoring systems may be installed, verified, operated, 
maintained, and quality assured using manufacturer's specifications.
    31. Section 63.10011(b) is revised to remove the incorrect 
reference to Table 4 and to replace the incorrect reference to Table 7 
with the correct reference to Table 6.
    32. Section 63.10011(c)(1) and (2) is revised to clarify the date 
by which compliance must be demonstrated by EGUs that use CEMS or 
sorbent trap monitoring systems. In addition, Sec.  63.10011(c)(1) is 
revised to clarify that

[[Page 8446]]

the alternate Hg emission limit may be used.
    33. Section 63.10011(e) is revised to replace ``according to'' with 
``in accordance with.''
    34. Section 63.10011(g)(4)(v)(A) and Table 3 are revised to clarify 
our intent regarding clean fuel use ``to the maximum extent possible.'' 
Our goal in the work practice is to minimize HAP emissions during 
startup and shutdown periods, and that goal can be accomplished by 
minimizing primary fuel use and maximizing clean fuel use because of 
the inherently low HAP content of the defined ``clean fuels.'' As 
stated in the preamble to the final startup and shutdown 
reconsideration rule, EGUs that chose to comply with the alternative 
work practice will be required to have sufficient clean fuel capacity 
to startup and warm the facility to the point where the primary PM 
controls can be brought on line at the same time as, or within 1 hour 
of, the addition of the primary fuel to the EGU. 79 FR 68777 at 68779, 
November 19, 2014. We recognize that the clean fuel requirement may 
require sources to increase clean fuel capacity, modify the startup 
burners, and/or take additional actions to comply with the final rule. 
79 FR 68777 at 68779, November 19, 2014. Thus, we expect clean fuels to 
be combusted in at least the amount needed to bring the emissions 
control devices to operational levels necessary to comply with the 
numeric standards at the end of startup. We do not expect clean fuel 
use to the extent that it compromises the integrity of the boiler or 
its control devices; neither do we expect clean fuel to be combusted in 
excess of the amount needed to bring the emissions control devices to 
expected operational levels. We have determined that it is appropriate 
to slightly revise the language in the November 19, 2014, final rule. 
79 FR 68777. The proposed revision would change the language from ``to 
the maximum extent possible'' to ``to the maximum extent practicable, 
taking into account boiler or control device integrity.''
    35. Section 63.10020(e) is revised to clarify that it applies only 
to those EGU owners or operators who choose to meet the work practice 
standards contained in paragraph (2) of the definition of startup. In 
addition, the undefined term ``electrical load'' has been replaced with 
the defined term ``gross output'' and the incorrect terms ``liquid to 
fuel ratio'' and ``the differential pressure of the liquid'' in Sec.  
63.10020(e)(3)(i)(E) have been replaced with the correct terms ``liquid 
to flue gas ratio'' and ``the pressure drop across the scrubber.'' 
Finally, in order to clarify our intent that existing instrumentation 
or engineering calculations can be used to provide flow information, 
Sec.  63.10020(e)(3)(i)(A) and (B) is revised to remove the term 
``rate'' and to acknowledge the use of existing combustion air flow 
monitors or combustion equations.
    36. Section 63.10021(d)(3) is revised to clarify the type of 
monitoring that is to be used to demonstrate compliance.
    37. Section 63.10021(e) is revised to clarify the condition that 
allows delay of burner inspections for initial boiler tune-ups.
    38. Section 63.10021(e)(9)(i) and (ii) is revised to clarify the 
dates that tune-ups must be reported.
    39. Section 63.10023(b) and Table 6 are revised to clarify that all 
EGUs using PM continuous parametric monitoring systems (CPMS) for 
compliance purposes are to follow the same procedure for determining 
the operating limit. The final rule allowed existing EGUs to determine 
the operating limit based on the highest 1-hour average PM CPMS value 
recorded during a performance test, even if that average time was 
associated with a test run in excess of the numeric standards, while 
new EGUs were required to use a scaling factor or the average PM CPMS 
value recorded during the PM compliance test demonstrating compliance 
with the PM limit to establish the operating limit.\3\ We believe all 
EGUs should use a consistent set of procedures for both new and 
existing EGUs for establishing an operating PM limit, so we are 
proposing in this action to revise the procedures for existing EGUs. 
The procedures for existing EGUs, contained in Sec.  63.10023(b)(1) are 
reserved, and Sec.  63.10023(b)(2) and Table 6 are revised so that all 
EGUs are to follow the operating limit development procedures for new 
EGUs (i.e., use a scaling factor or the average PM CPMS value recorded 
during the PM compliance test demonstrating compliance with the PM 
limit to establish the operating limit).
---------------------------------------------------------------------------

    \3\ See the description of the ``third approach'' at 79 FR 24708 
(April 24, 2013).
---------------------------------------------------------------------------

    40. Section 63.10030(e)(1) is revised to replace the phrase 
``identification of which subcategory the source is in'' with 
``identification of the subcategory of the source.''
    41. Section 63.10030(e)(7)(i) is revised to clarify that the date 
of each stack test conducted for purposes of demonstrating LEE 
eligibility is to be provided. The final rule establishes that each 
test for pollutants other than Hg conducted over a 3-year period must 
meet the LEE emission limit in order for an EGU to be eligible for LEE 
status.
    42. Section 63.10030(e)(7)(iii) is added to establish the 
procedures by which an EGU owner or operator may switch between mass 
per heat input and mass per gross output emission limits. The EPA has 
received questions about how frequently an existing EGU could alternate 
between the two compliance formats. Although we did not envision that 
an owner or operator of an existing EGU would want to change the basis 
of the EGU's emission limits, we believe it is reasonable to allow such 
action provided certain conditions, including performance testing 
demonstrating compliance with the new format, submission of a written 
request to change formats, and receipt of permission from the 
Administrator to change formats, are met. We request comment on these 
procedures, as well as on the concept of switching emission limits, 
particularly during performance averaging periods.
    43. Section 63.10030(e)(8)(i) is revised to clarify that it applies 
only to those EGU owners or operators who choose to meet the work 
practice standards contained in paragraph (2) of the definition of 
startup. Moreover, the provisions requiring a description of PM control 
device efficiencies and PM emission rates are revised to clarify that 
such efficiencies and emission rates are those of periods other than 
startup and shutdown periods. As the uncontrolled emission rates can be 
calculated from control device efficiencies and corresponding emission 
rates, the provisions requiring reporting of uncontrolled emission 
rates have been removed.
    In addition, as current EGU characteristics are most relevant for 
compliance with the MATS rule, the requirements concerning 
identification of intermediate changes to the EGU design have been 
removed. In order to reduce redundant reporting, the rule has been 
revised to require no additional identification if no changes to the 
EGU's design characteristics have occurred.
    Finally, Sec.  63.10030(e)(8)(ii)(A) has been revised to remove the 
requirement for use of an independent professional engineer. Consistent 
with the discussion contained in 71 FR 16869 (April 4, 2006), we 
believe that a professional engineer, regardless of whether they are 
independent, is able to give a fair technical review because of the 
programs established by the state licensing boards, which serve to 
enforce objectivity from each registrant. We believe that the revision 
will allow EGUs to reduce burden without compromising environmental 
safety by

[[Page 8447]]

using in-house expertise. Professional engineers employed by an EGU 
should be more familiar with its design and operational characteristics 
and should be in a position to expedite collection and submission of 
required information.
    44. Section 63.10030(f) is revised to add notification requirements 
for EGUs that move in and out of MATS applicability.
    45. Section 63.10031(c)(4) is revised to clarify the reporting 
requirements for EGU tune-ups.
    46. Section 63.10031(c)(5) is revised to clarify that it applies 
only to those EGU owners or operators who choose to meet the work 
practice standards contained in paragraph (2) of the definition of 
startup.
    47. Section 63.10031(c)(6) is revised to add emergency bypass 
reporting for EGUs with LEE status.
    48. Section 63.10031(f)(5) is revised to state that the 
Administrator retains the right to require submittal of reports subject 
to paragraph (f)(4), as well as paragraphs (f)(1) through (3).
    49. Section 63.10032(f) is revised to clarify that the requirements 
of Sec.  63.10032(f)(1) apply only to those EGU owners or operators who 
choose to meet the work practice standards contained in paragraph (1) 
of the definition of startup, while the requirements of Sec.  
63.10032(f)(2) apply only to those EGU owners or operators who choose 
to meet the work practice standards contained in paragraph (2) of the 
definition of startup.
    50. The definitions of ``Coal-fired electric utility steam 
generating unit,'' ``Coal refuse,'' ``Fossil fuel-fired,'' ``Integrated 
gasification combined cycle electric utility steam generating unit or 
IGCC,'' ``Limited-use liquid oil-fired subcategory,'' ``Natural gas-
fired electric utility steam generating unit,'' and ``Oil-fired 
electric utility steam generating unit'' in Sec.  63.10042 are revised 
to clarify the period of time to be included in determining the 
source's applicability to the MATS.
    During the comment period on the proposed MATS rule, industry noted 
that many EGUs would convert to natural gas or other non-fossil fuel 
prior to the compliance date and those sources would remain subject to 
MATS because the proposed rule required sources to determine 
applicability based on the 3 calendar years prior to the compliance 
date. See, e.g., 40 CFR 63.10042 (definition of ``fossil fuel-fired''). 
The EPA agreed that this was not the EPA's intent and in the final MATS 
rule revised several definitions, including the definition of fossil 
fuel-fired, that required sources to evaluate usage after the 
applicable compliance date.
    The EPA inadvertently created confusion in its attempt to address 
industry concerns in the final MATS rule. The confusion is best 
illustrated by an analysis of the proposed and final definitions of 
``fossil fuel-fired.'' The EPA's proposed definition stated, in part, 
that ``[i]n addition, fossil fuel-fired means any EGU that fired fossil 
fuel for more than 10.0 percent of the average annual heat input during 
the previous 3 calendar years or for more than 15.0 percent of the 
annual heat input during any one of those calendar year.'' See 76 FR 
24975 at 25123 (emphasis added). The intent in this definition was to 
require sources to look at the usage from the 3 previous years to 
determine if the average or the single year usage from those 3 years 
exceeded either of the thresholds.
    To address the commenters' concern, the EPA revised the definition 
of ``fossil fuel-fired'' in the final rule to state, in part, that 
``[i]n addition, fossil fuel-fired means any EGU that fired fossil 
fuels for more than 10.0 percent of the average annual year input 
during any 3 consecutive calendar years or for more than 15.0 percent 
of the annual heat input during any one calendar year after the 
applicable compliance date.'' 40 CFR 63.10042 (emphasis added). This 
definition creates at least two potential compliance issues: (1) It 
creates confusion as to how sources are to determine MATS applicability 
during the first 3 years after the applicable compliance date; and (2) 
it subjects sources to MATS in perpetuity if the usage thresholds are 
ever exceeded after the compliance date--``any 3 consecutive calendar 
years'' or ``any one calendar year'' ``after the applicable compliance 
date.''
    The proposed revisions to the definitions address both issues. 
Concerning applicability in the first 3 years after the applicable 
compliance date, this proposed rule states that sources must project 
their coal and oil usage for the first 3 years to determine whether the 
EGU will exceed either the 10.0 or 15.0 percent threshold. The EPA's 
understanding is that sources know with sufficient specificity the 
fuels they will use in advance, and requiring sources to project their 
usage accommodates industry concerns that the sources that are 
converting to natural gas or biomass prior to the compliance date not 
be subject to MATS. The EPA is also proposing that sources that 
permanently convert to natural gas or biomass after the compliance date 
are no longer subject to MATS, notwithstanding the coal or oil usage 
the previous 3 calendar years.
    The EPA is also proposing to revise the definitions to make clear 
that after the first 3 years of compliance, EGUs are required to 
evaluate applicability based on coal or oil usage from the 3 previous 
calendar years on an annual rolling basis, consistent with the 
definition of ``fossil fuel-fired'' proposed in the MATS rule. This 
proposed change will prevent EGUs from being subject to MATS in 
perpetuity if they exceed the 10 or 15 percent threshold at any time 
after the compliance date.
    A definition of ``neural network'' is also being added because the 
term is used in 40 CFR 63.10005(f), 63.10006(i), and 63.10021(e) and 
Table 3 to subpart UUUUU of Part 63 but is not defined.
    51. Table 1 to subpart UUUUU of Part 63 is revised to correct the 
term ``gross electric output'' to ``gross output'' which is the term 
defined in 40 CFR 63.10042 in footnotes 1, 4, and 5.
    52. Table 2 to subpart UUUUU of Part 63 is revised to correct the 
term ``gross electric output'' to ``gross output'' which is the term 
defined in 40 CFR 63.10042 in footnote 2. Provision 1(c) (the Hg limit 
for EGUs in the subcategory ``unit designed for coal >=8,300 Btu/lb'') 
is also revised to clarify the applicability of the alternate 90-boiler 
operating day compliance option.
    53. Table 3 to subpart UUUUU of Part 63 is revised as described 
earlier to clarify the term ``maximum extent possible.''
    In addition, we have received questions concerning the 
interpretation of the definition of startup, particularly the language 
defining the end of startup. Industry has inquired whether the 
triggering action is either the generation of electricity or of steam 
for any useful purpose under both definitions of startup. The EPA does 
interpret the end of startup in a consistent manner as between the two 
definitions. Specifically, we interpret the phrase ``. . . when any of 
the steam from the boiler is used . . . for any other purpose,'' 
contained in paragraph (1) of the definition of startup, to have the 
same meaning as the phrase ``for industrial, commercial, heating, or 
cooling purposes (other than the first-ever firing of fuel in a boiler 
following construction of the boiler,'' as provided in paragraph (2) of 
the definition of startup. EGUs trigger the end of startup whenever 
they use either electricity or steam for any useful purpose either on 
or offsite.
    54. Table 4 to subpart UUUUU of Part 63 is revised to clarify that 
existing as well as new EGUs using PM CPMS share the same procedures 
for

[[Page 8448]]

developing operating limits (i.e., those that are based on the higher 
of a parameter scaled from all values obtained during an individual 
emissions test to 75 percent of the emissions limit or the average 
parameter value obtained from all runs of an individual emission test 
as the operating limit provided that the result of the individual 
emissions test met the emissions limit requirements).
    55. Table 5 to subpart UUUUU of Part 63 is revised to state that 
when using Method 5, you are to report the average of the final 2 
filter weighings, and to clarify that when using Method 29, you are to 
report the metals matrix spike and recovery levels. These provisions 
are needed for the required electronic reporting.
    56. Table 6 to subpart UUUUU of Part 63 is revised to clarify that 
existing, as well as new, EGUs using PM CPMS share the same procedures 
for developing operating limits (i.e., those that are based on the 
higher of a parameter scaled from all values obtained during an 
individual emissions test to 75 percent of the emissions limit or the 
average parameter value obtained from all runs of an individual 
emission test as the operating limit provided that the result of the 
individual emissions test met the emissions limit).
    57. Table 8 to subpart UUUUU of Part 63 is revised to clarify that 
compliance reports are to include information required by Sec.  
63.10031(c)(5) and (6).
    58. Table 9 to subpart UUUUU of Part 63 is revised to correct an 
inadvertent omission of 30-day notification requirements of Sec.  63.9.
    59. Paragraphs 4.1.1.3 and 5.1.2.3 and Tables A-1 and A-2 to 
Appendix A to subpart UUUUU of Part 63 are revised to adjust Hg CEMS 
language regarding converters. Research has shown that all Hg CEMS need 
weekly single-level system integrity checks.
    60. Paragraph 7.1.2.5 to Appendix A to subpart UUUUU of Part 63 is 
added to require that owners or operators flag EGUs that are part of 
emission averaging groups.
    61. Paragraph 3.2.1.2.1 of Appendix A to subpart UUUUU of Part 63 
is revised to specifically indicate that Hg gas generators and 
cylinders are allowed.
    62. Paragraphs 4.1.1.1, Table A-1, Table A-2, 5.1.2.1, and 4.1.1.3 
of Appendix A to subpart UUUUU of Part 63 are revised to exclude use of 
oxidized Hg gas standards for daily calibration of Hg CEMS.
    63. Paragraph 5.1.2.3 of Appendix A to subpart UUUUU of Part 63 is 
revised to make the weekly single level system integrity check 
mandatory.
    64. Paragraphs 4.1.1.5.2, Table A-1, Table A-2, and 4.1.1.5 of 
Appendix A to subpart UUUUU of Part 63 are revised to provide an 
alternative relative accuracy test audit (RATA) procedure for EGUs with 
low emissions that is related specifically to the emission standard.
    65. Paragraph 5.2.1 of Appendix A to subpart UUUUU of Part 63 is 
revised to correct the number of days for sorbent trap use from 14 to 
15.
    66. Paragraph 6.2.2.3 of Appendix A to subpart UUUUU of Part 63 is 
revised to clarify that the 90-day alternative Hg standard may be used 
and that electrical output is gross output.
    67. Paragraph 7.1.2.6 of Appendix A to subpart UUUUU of Part 63 is 
added to clarify that EGU owners or operators are to keep records of 
their EGUs that constitute emissions averaging groups.
    68. Paragraphs 2.1, 2.3, 2.3.1, 2.3.2, 3.1, 3.2, 3.3, 5, 5.1, 5.2, 
and 5.3 of Appendix B to subpart UUUUU of Part 63 are revised to 
clarify that use of Performance Specification (PS) 18, a proposed 
technology-neutral PS for HCl CEMS which will soon be promulgated, will 
be allowed. Consistent with our statements in the final rule, we expect 
that PS 18 will likely be promulgated in advance of the rule's 
compliance date. An EGU owner or operator who wishes to use proposed PS 
18, along with quality assurance (QA) procedure 6, prior to their 
promulgation dates is welcome to submit an alternative monitoring 
request in accordance with the requirements of Sec.  63.8(f) for use of 
proposed PS 18 and QA Procedure 6 to us.
    69. Paragraph 5.4 of Appendix B to subpart UUUUU of Part 63 is 
added as part of the renumbering due to the addition of PS 18.
    70. Paragraph 8 of Appendix B to subpart UUUUU of Part 63 is 
revised to accommodate use of PS 18.
    71. Paragraphs 10.1.8, 10.1.8.1, 10.1.8.1.1, and 10.1.8.1.2 of 
Appendix B to Subpart UUUUU of Part 63 are revised as part of the 
renumbering due to the addition of PS 18.
    72. Paragraph 10.1.8.1.3 of Appendix B to Subpart UUUUU of Part 63 
is revised to clarify that records of relative accuracy audits (RAAs) 
are also required.
    73. Paragraphs 10.1.8.2, 10.1.8.1.2.1, and 10.1.8.1.2.2 of Appendix 
B to Subpart UUUUU of Part 63 are revised to clarify the quarterly gas 
audit recordkeeping requirements for PS 15 and the quarterly data 
accuracy assessments for PS 18 (which are reserved).
    74. Paragraph 11.4 of Appendix B to Subpart UUUUU of Part 63 is 
revised to replace the incorrect abbreviation ``i.e.'' with ``e.g.''
    75. Paragraph 11.4.2 of Appendix B to Subpart UUUUU of Part 63 is 
revised to specify the requirements of the daily beam intensity checks 
for EGUs using PS 18.
    76. Paragraphs 11.4.2.1, 11.4.2.2, 11.4.2.3, 11.4.2.4, 11.4.2.5, 
11.4.2.6, 11.4.2.7, 11.4.2.8, 11.4.2.9, 11.4.2.10, 11.4.2.11, 
11.4.2.12, and 11.4.2.13 of Appendix B to Subpart UUUUU of Part 63 are 
revised to hold the requirements of the daily beam intensity checks for 
PS 18 (which are reserved).
    77. Paragraph 11.4.3 of Appendix B to Subpart UUUUU of Part 63 is 
revised to reflect the reporting requirements for PS 15.
    78. Paragraphs 11.4.3.1, 11.4.3.2, 11.4.3.3, 11.4.3.4, 11.4.3.5, 
11.4.3.6, 11.4.3.7, 11.4.3.8, 11.4.3.9, 11.4.3.10, 11.4.3.11, 
11.4.3.12, and 11.4.3.13 of Appendix B to Subpart UUUUU of Part 63 are 
revised to include PS 15 reporting requirements.
    79. Paragraph 11.4.4 of Appendix B to Subpart UUUUU of Part 63 is 
revised to reserve the reporting requirements for quarterly parameter 
verification checks for PS 18.
    80. Paragraphs 11.4.4.1, 11.4.5, 11.4.5.1, 11.4.6, 11.4.6.1 of 
Appendix B to Subpart UUUUU of Part 63 are added to reserve the 
reporting requirements for quarterly gas audit information and for 
quarterly dynamic spiking for PS 18.
    81. Paragraph 11.4.7 of Appendix B to Subpart UUUUU of Part 63 is 
added to include reporting requirements for RAAs.
    82. Paragraphs 11.4.7.1, 11.4.7.2, 11.4.7.3, 11.4.7.4, 11.4.7.5, 
11.4.7.6, 11.4.7.7, 11.4.7.8, 11.4.7.9, 11.4.7.10, 11.4.7.11, 
11.4.7.12, and 11.4.7.13 of Appendix B to Subpart UUUUU of Part 63 are 
added as part of the renumbering due to the addition of PS 18.
    83. Paragraph 11.5.3.4 of Appendix B to Subpart UUUUU of Part 63 is 
revised to include reporting requirements for beam intensity checks for 
PS 18.

II. Affirmative Defense for Violation of Emission Standards During 
Malfunction

    In several prior CAA section 112 and CAA section 129 rules, 
including this rule, the EPA included an affirmative defense to civil 
penalties for violations caused by malfunctions in an effort to create 
a system that incorporates some flexibility, recognizing that there is 
a tension, inherent in many types of air regulation, to ensure adequate 
compliance while simultaneously recognizing that despite the most 
diligent of efforts, emission standards may be violated under 
circumstances

[[Page 8449]]

entirely beyond the control of the source. Although the EPA recognized 
that its case-by-case enforcement discretion provides sufficient 
flexibility in these circumstances, it included the affirmative defense 
to provide a more formalized approach and more regulatory clarity. See 
Weyerhaeuser Co. v. Costle, 590 F.2d 1011, 1057-58 (D.C. Cir. 1978) 
(holding that an informal case-by-case enforcement discretion approach 
is adequate); but see Marathon Oil Co. v. EPA, 564 F.2d 1253, 1272-73 
(9th Cir. 1977) (requiring a more formalized approach to consideration 
of ``upsets beyond the control of the permit holder.''). Under the 
EPA's regulatory affirmative defense provisions, if a source could 
demonstrate in a judicial or administrative proceeding that it had met 
the requirements of the affirmative defense in the regulation, civil 
penalties would not be assessed. Recently, the United States Court of 
Appeals for the District of Columbia Circuit vacated an affirmative 
defense in one of the EPA's CAA section 112 regulations. NRDC v. EPA, 
749 F.3d 1055 (D.C. Cir., 2014) (vacating affirmative defense 
provisions in CAA section 112 rule establishing emission standards for 
Portland cement kilns). The court found that the EPA lacked authority 
to establish an affirmative defense for private civil suits and held 
that under the CAA, the authority to determine civil penalty amounts in 
such cases lies exclusively with the courts, not the EPA. Specifically, 
the court found: ``As the language of the statute makes clear, the 
courts determine, on a case-by-case basis, whether civil penalties are 
`appropriate.' '' See NRDC, 749 F.3d at 1063 (``[U]nder this statute, 
deciding whether penalties are `appropriate' . . . is a job for the 
courts, not EPA.'').
    In light of NRDC, the EPA is proposing to remove the regulatory 
affirmative defense provision in the current rule. As explained above, 
if a source is unable to comply with emissions standards as a result of 
a malfunction, the EPA may use its case-by-case enforcement discretion 
to provide flexibility, as appropriate. Further, as the D.C. Circuit 
recognized, in an EPA or citizen enforcement action, the court has the 
discretion to consider any defense raised and determine whether 
penalties are appropriate. Cf. NRDC, at 1064 (arguments that violation 
were caused by unavoidable technology failure can be made to the courts 
in future civil cases when the issue arises). The same is true for the 
presiding officer in EPA administrative enforcement actions.

III. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders 
can be found at http://www2.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was, 
therefore, not subject to review by the Office of Management and Budget 
(OMB).

B. Paperwork Reduction Act (PRA)

    This action does not impose any new information collection burden. 
This action clarifies but does not change the information collection 
requirements previously finalized and, as a result, does not impose any 
additional burden on industry. The OMB has previously approved the 
information collection requirements contained in the existing 
regulations (see 77 FR 9303, February 16, 2012) under the provisions of 
the PRA, 44 U.S.C. 3501 et seq. and has assigned OMB control number 
2060-0567. The OMB control numbers for the EPA's regulations are listed 
in 40 CFR part 9.

C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic 
impact on a substantial number of small entities. The EPA has 
determined that none of the small entities will experience a 
significant impact because the action imposes no additional regulatory 
requirements on owners or operators of affected sources.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain an unfunded mandate as described in 2 
U.S.C. 1531-1538, and does not significantly or uniquely affect small 
governments. The action imposes no enforceable duty on any state, 
local, or tribal governments or the private sector.

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.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    This action does not have tribal implications as specified in 
Executive Order 13175. This action does not significantly or uniquely 
affect the communities of tribal governments. Thus, Executive Order 
13175, does not apply to this action.

G. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    The EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that concern environmental health or safety risks 
that the EPA has reason to believe may disproportionately affect 
children, per the definition of ``covered regulatory action'' in 
section 2-202 of the Executive Order. This action is not subject to 
Executive Order 13045 because it does not concern an environmental 
health risk or safety risk.

H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution or Use

    This action is not subject to Executive Order 13211 because it is 
not a significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act (NTTAA)

    This rulemaking does not involve technical standards.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    The EPA believes the human health or environmental risk addressed 
by this action will not have potential disproportionately high and 
adverse human health or environmental effects on minority, low-income 
or indigenous populations. The corrections do not involve special 
consideration of environmental justice-related issues as required by 
Executive Order 12898, and an evaluation was not necessary for this 
action.
    The EPA's compliance with the above statutes and Executive Orders 
for the underlying rule is discussed in the February 16, 2012, Federal 
Register document containing ``National Emission Standards for 
Hazardous Air Pollutants from Coal- and Oil-fired Electric Utility 
Steam Generating Units and Standards of Performance for Fossil-Fuel-
Fired Electric Utility, Industrial-Commercial-Institutional, and Small 
Industrial-Commercial-

[[Page 8450]]

Institutional Steam Generating Units.'' (77 FR 9303).

List of Subjects

40 CFR Part 60

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Incorporation by reference, Intergovernmental 
relations, Reporting and recordkeeping requirements.

40 CFR Part 63

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Hazardous substances, Incorporation by 
reference, Intergovernmental relations, Reporting and recordkeeping 
requirements.

    Dated: December 19, 2014.
Gina McCarthy,
Administrator.

    For the reasons discussed in the preamble, the EPA proposes to 
correct and amend 40 CFR parts 60 and 63 to read as follows:

PART 60--STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES

0
1. The authority citation for part 60 continues to read as follows:

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

0
2. Section 60.48Da is amended by revising paragraph (f) to read as 
follows:


Sec.  60.48Da  Compliance provisions.

* * * * *
    (f) For affected facilities for which construction, modification, 
or reconstruction commenced before May 4, 2011, compliance with the 
applicable daily average PM emissions limit is determined by 
calculating the arithmetic average of all hourly emission rates each 
boiler operating day, except for data obtained during startup, 
shutdown, or malfunction periods. Daily averages are only calculated 
for boiler operating days that have non-out-of-control data for at 
least 18 hours of unit operation during which the standard applies. 
Instead, all of the non-out-of-control hourly emission rates of the 
operating day(s) not meeting the minimum 18 hours non-out-of-control 
data daily average requirement are averaged with all of the non-out-of-
control hourly emission rates of the next boiler operating day with 18 
hours or more of non-out-of-control PM CEMS data to determine 
compliance. For affected facilities for which construction or 
reconstruction commenced after May 3, 2011 that elect to demonstrate 
compliance using PM CEMS, compliance with the applicable PM emissions 
limit in Sec.  60.42Da is determined on a 30-boiler operating day 
rolling average basis by calculating the arithmetic average of all 
hourly PM emission rates for the 30 successive boiler operating days, 
except for data obtained during periods of startup and shutdown.
* * * * *

PART 63--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS 
FOR SOURCE CATEGORIES

0
3. The authority citation for part 63 continues to read as follows:

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

0
4. Section 63.9983 is amended by:
0
a. Revising the section heading and paragraphs (a), (b), and (c); and
0
Adding paragraph (e).
    The revisions and addition read as follows:


Sec.  63.9983  Are any fossil fuel-fired electric generating units not 
subject to this subpart?

* * * * *
    (a) Any unit designated as a major source stationary combustion 
turbine subject to 40 CFR part 63, subpart YYYY and any unit designated 
as an area source stationary combustion turbine, other than an 
integrated gasification combined cycle (IGCC) unit.
    (b) Any electric utility steam generating unit that is not a coal- 
or oil-fired EGU and that meets the definition of a natural gas-fired 
EGU in Sec.  63.10042.
    (c) Any electric utility steam generating unit that has the 
capability of combusting more than 25 MW of coal or oil but does not 
meet the definition of a coal- or oil-fired EGU because it did not fire 
sufficient coal or oil to satisfy the average annual heat input 
requirement set forth in the definitions for coal-fired and oil-fired 
EGUs in Sec.  63.10042. Heat input means heat derived from combustion 
of fuel in an EGU and does not include the heat derived from preheated 
combustion air, recirculated flue gases or exhaust gases from other 
sources (such as stationary gas turbines, internal combustion engines, 
and industrial boilers).
* * * * *
    (e) Any electric utility steam generating unit that meets the 
definition of a natural gas-fired EGU under this subpart and that fires 
at least 10 percent biomass is an industrial boiler subject to 
standards established under 40 CFR part 63, subpart DDDDD, if it 
otherwise meets the applicability provisions in that rule.
0
5. Section 63.9991 is amended by revising paragraphs (c)(1) and (2) to 
read as follows:


Sec.  63.9991  What emission limitations, work practice standards, and 
operating limits must I meet?

* * * * *
    (c) * * *
    (1) Has a system using wet or dry flue gas desulfurization 
technology and an SO<INF>2</INF> continuous emissions monitoring system 
(CEMS) installed on the EGU; and
    (2) At all times, you operate the wet or dry flue gas 
desulfurization technology and the SO<INF>2</INF> CEMS installed on the 
EGU consistent with Sec.  63.10000(b).
0
6. Section 63.10000 is amended by:
0
a. Revising paragraph (c)(1)(i);
0
b. Revising paragraph (c)(2)(iii); and
0
c. Adding paragraph (m).
    The revisions and additions read as follows:


Sec.  63.10000  What are my general requirements for complying with 
this subpart?

* * * * *
    (c)(1) * * *
    (i) For a coal-fired or solid oil-derived fuel-fired EGU or IGCC 
EGU, you may conduct initial performance testing in accordance with 
Sec.  63.10005(h), to determine whether the EGU qualifies as a low 
emitting EGU (LEE) for one or more applicable emission limits, except:
    (A) You may not pursue the LEE option if your coal-fired, IGCC, or 
solid oil-derived fuel-fired EGU is equipped with a main stack and a 
bypass stack exhaust configuration that allows the EGU to bypass any 
pollutant control device.
    (B) You may not pursue the LEE option for Hg if your coal-fired, 
solid oil-derived fuel-fired EGU or IGCC EGU is new.
    (C) Notwithstanding paragraph (c)(1)(i)(A) of this section, you may 
pursue the LEE option provided:
    (1) Your control device bypass stack is routed through the EGU main 
stack so that emissions are measured during the bypass event; or
    (2) You bypass your EGU control device only during emergency 
periods for no more than a total of 2 percent of your EGU's annual 
operating hours; you use clean fuels to the maximum extent practicable 
during an emergency period; and you prepare and submit a report 
describing the emergency event, its cause, corrective action taken, and 
estimates of emissions released during the emergency event. You must 
include these emergency emissions along with performance test results 
in assessing

[[Page 8451]]

whether your EGU maintains LEE status.
* * * * *
    (2) * * *
    (iii) If your existing liquid oil-fired unit does not qualify as a 
LEE for hydrogen chloride (HCl) or for hydrogen fluoride (HF), you may 
demonstrate initial and continuous compliance through use of an HCl 
CEMS, an HF CEMS, or an HCl and HF CEMS, installed and operated in 
accordance with Appendix B to this rule. As an alternative to HCl CEMS, 
HF CEMS, or HCl and HF CEMS, you may demonstrate initial and continuous 
compliance through quarterly performance testing and parametric 
monitoring for HCl and HF. If you choose to use quarterly testing and 
parametric monitoring, then you must also develop a site-specific 
monitoring plan that identifies the CMS you will use to ensure that the 
operations of the EGU remains consistent with those during the 
performance test. As another alternative, you may measure or obtain, 
and keep records of, fuel moisture content; as long as fuel moisture 
does not exceed 1.0 percent by weight, you need not conduct other HCl 
or HF monitoring or testing.
* * * * *
    (m) Should you choose to rely on paragraph (2) of the definition of 
``startup'' in Sec.  63.10042 for your EGU, on or before the date your 
EGU is subject to this subpart, you must install, verify, operate, 
maintain, and quality assure each monitoring system necessary for 
demonstrating compliance with the work practice standards for PM or 
non-mercury HAP metals controls during startup periods and shutdown 
periods required to comply with Sec.  63.10020(e).
    (1) You may rely on monitoring system specifications or 
instructions or manufacturer's specifications when installing, 
verifying, operating, maintaining, and quality assuring each monitoring 
system.
    (2) You must collect, record, report, and maintain data obtained 
from these monitoring systems during startup periods and shutdown 
periods.


Sec.  63.10001  [Removed and reserved]

0
7. Section 63.10001 is removed and reserved.
0
8. Section 63.10005 is amended by:
0
a. Revising paragraphs (a) introductory text, (a)(2) introductory text 
and (a)(2)(i);
0
b. Revising paragraph (b)(1);
0
c. Adding paragraph (b)(6);
0
d. Revising paragraphs (d)(3), (d)(4)(i);
0
f. Revising paragraph (f);
0
g. Revising paragraph (h) introductory text, and (h)(3) introductory 
text;
0
h. Removing paragraphs (i)(4)(iii) and (iv).
    The revisions and additions read as follows:


Sec.  63.10005  What are my initial compliance requirements and by what 
date must I conduct them?

    (a) General requirements. For each of your affected EGUs, you must 
demonstrate initial compliance with each applicable emissions limit in 
Table 1 or 2 of this subpart through performance testing. Where two 
emissions limits are specified for a particular pollutant (e.g., a heat 
input-based limit in lb/MMBtu and an electrical output-based limit in 
lb/MWh), you may demonstrate compliance with either emission limit. For 
a particular compliance demonstration, you may be required to conduct 
one or more of the following activities in conjunction with performance 
testing: collection of data, e.g., hourly electrical load data 
(megawatts); establishment of operating limits according to Sec.  
63.10011 and Tables 4 and 7 to this subpart; and CMS performance 
evaluations. In all cases, you must demonstrate initial compliance no 
later than the date in paragraph (f) of this section for tune-up work 
practices for existing EGUs; the date that compliance must be 
demonstrated, as given in Sec.  63.9984 for other requirements for 
existing EGUs; and in paragraph (g) of this section for all 
requirements for new EGUs.
    (1) * * *
    (2) To demonstrate initial compliance using either a CMS that 
measures HAP concentrations directly (i.e., an Hg, HCl, or HF CEMS, or 
a sorbent trap monitoring system) or an SO<INF>2</INF> or PM CEMS, the 
initial performance test may occur on or before the first averaging 
period (30- or, for certain coal-fired existing EGUs that use emissions 
averaging for Hg, 90-boiler operating days) after the date that 
compliance with this subpart is required but must occur such that the 
averaging period is completed on or before the date that compliance 
must be demonstrated.
    (i) The CMS performance test must demonstrate compliance with the 
applicable Hg, HCl, HF, PM, or SO<INF>2</INF> emissions limit in Table 
1 or 2 to this subpart.
* * * * *
    (b) * * *
    (1) For a performance test of an existing EGU based on stack test 
data, the test was conducted between 180 and 365 calendar days prior to 
the date that compliance must be demonstrated as specified in Sec.  
63.9984.
* * * * *
    (6) If the performance test data that are collected prior to the 
date that compliance must be demonstrated are used to demonstrate 
initial compliance with applicable emissions limits, the interval for 
subsequent stack tests begins on the date that compliance must be 
demonstrated.
* * * * *
    (d) * * *
    (3) For affected EGUs that are either required to or elect to 
demonstrate initial compliance with the applicable Hg emission limit in 
Table 1 or 2 of this subpart using Hg CEMS or sorbent trap monitoring 
systems, initial compliance must be demonstrated no later than the 
applicable date specified in Sec.  63.9984(f) for existing EGUs and in 
paragraph (g) of this section for new EGUs. Initial compliance is 
achieved if the arithmetic average of 30- (or 90-) boiler operating 
days of quality-assured CEMS (or sorbent trap monitoring system) data, 
expressed in units of the standard (see section 6.2 of appendix A to 
this subpart), meets the applicable Hg emission limit in Table 1 or 2 
to this subpart.
    (4) * * *
    (i) You must demonstrate initial compliance no later than the 
applicable date specified in Sec.  63.9984(f) for existing EGUs and in 
paragraph (g) of this section for new EGUs.
* * * * *
    (f) For an existing EGU without a neural network, a tune-up must 
occur on or before 180 days after April 16, 2015. For an existing EGU 
with a neural network, a tune-up must occur on or before 180 days after 
April 16, 2016. If a tune-up occurs prior to April 16, 2015, you must 
keep records showing that the operating conditions remain the same and 
that the tune-up met all rule requirements.
* * * * *
    (h) Low emitting EGUs. The provisions of this paragraph (h) apply 
to pollutants with emissions limits from new EGUs except Hg and to all 
pollutants with emissions limits from existing EGUs. You may pursue 
this compliance option unless prohibited pursuant to Sec.  
63.10000(c)(1)(i).
* * * * *
    (3) For Hg, you must conduct a 30- (or 90-) boiler operating day 
performance test using Method 30B in appendix A-8 to part 60 of this 
chapter to determine whether a unit qualifies for LEE status. Locate 
the Method 30B sampling probe tip at a point within 10 percent of the 
duct area centered about the duct's

[[Page 8452]]

centroid at a location that meets Method 1 in appendix A-1 to part 60 
of this chapter and conduct at least three nominally equal length test 
runs over the 30-boiler operating day test period. Collect Hg emissions 
data continuously over the entire test period (except when changing 
sorbent traps or performing required reference method QA procedures). 
As an alternative to constant rate sampling per Method 30B, you may use 
proportional sampling per section 8.2.2 of Performance Specification 12 
B in appendix B to part 60 of this chapter.
* * * * *
0
9. Section 63.10006 is amended by revising paragraph (f) to read as 
follows:


Sec.  63.10006  When must I conduct subsequent performance tests or 
tune-ups?

* * * * *
    (f) Time between performance tests. (1) Notwithstanding the 
provisions of Sec.  63.10021(d)(1), the requirements listed in 
paragraphs (g) and (h) of this section, and the requirements of 
paragraph (f)(3) of this section, you must complete performance tests 
for your EGU as follows:
    (i) At least 45 calendar days must separate performance tests 
conducted every quarter;
    (ii) At least 370 calendar days must separate performance tests 
conducted every year; and
    (iii) At least 1,050 calendar days must separate performance tests 
conducted every 3 years.
    (2) Although you are not required to operate your EGU solely in 
order to conduct a performance test, you must conduct a performance 
test in the 4th quarter of a calendar year if your EGU has skipped 
performance tests in the 3 quarters of the calendar year.
    (3) If your EGU misses a performance test deadline due to being 
inoperative and if you have at least 168 boiler operating hours in the 
next test period, you must complete an additional performance test in 
that period as follows:
    (i) At least 15 calendar days must separate two performance tests 
conducted in the same quarter.
    (ii) At least 107 calendar days must separate two performance tests 
conducted in the same calendar year.
    (iii) At least 350 calendar days must separate two performance 
tests conducted in the same 3 year period.
* * * * *
0
10. Section 63.10009 is amended by:
0
a. Revising paragraphs (a)(2) introductory text and (a)(2)(i);
0
b. Revising paragraphs (b)(1) through (3);
0
c. Revising paragraphs (f) introductory text and paragraph (f)(2);
0
d. Revising paragraphs (g)(1) and (2); and
0
e. Revising paragraph (j)(1)(ii).
    The revisions read as follows:


Sec.  63.10009  May I use emissions averaging to comply with this 
subpart?

    (a) * * *
    (2) You may demonstrate compliance by emissions averaging among the 
existing EGUs in the same subcategory, if your averaged Hg emissions 
for EGUs in the ``unit designed for coal >=8,300 Btu/lb'' subcategory 
are equal to or less than 1.2 lb/TBtu or 1.3E-2 lb/GWh on a 30-boiler 
operating day basis or if your averaged emissions of individual, other 
pollutants from other subcategories of such EGUs are equal to or less 
than the applicable emissions limit in Table 2 to this subpart, 
according to the procedures in this section. Note that except for the 
alternate Hg emissions limit from EGUs in the ``unit designed for coal 
>=8,300 Btu/lb'' subcategory, the averaging time for emissions 
averaging for pollutants is 30 days (rolling daily) using data from 
CEMS or a combination of data from CEMS and manual performance testing. 
The averaging time for emissions averaging for the alternate Hg limit 
(equal to or less than 1.0 lb/TBtu or 1.1E-2 lb/GWh) from EGUs in the 
``unit designed for coal >=8,300 Btu/lb'' subcategory is 90-boiler 
operating days (rolling daily) using data from CEMS, sorbent trap 
monitoring, or a combination of monitoring data and data from manual 
performance testing. For the purposes of this paragraph, 30- (or 90-) 
group boiler operating days is defined as a period during which at 
least one unit in the emissions averaging group has operated 30 (or 90) 
days. You must calculate the weighted average emissions rate for the 
group in accordance with the procedures in this paragraph using the 
data from all units in the group including any that operate fewer than 
30 (or 90) days during the preceding 30 (or 90) group boiler days.
    (i) You may choose to have your EGU emissions averaging group meet 
either the heat input basis (MMBtu or TBtu, as appropriate for the 
pollutant) or gross output basis (MWh or GWh, as appropriate for the 
pollutant).
* * * * *
    (b) * * *
    (1) Group eligibility equations.
    [GRAPHIC] [TIFF OMITTED] TP17FE15.000
    
Where:

WAER<INF>m</INF> = Maximum Weighted Average Emission Rate in terms 
of lb/heat input or lb/gross output,
Herm<INF>i,j</INF> = hourly emission rate (e.g., lb/MMBtu, lb/MWh) 
from CEMS or sorbent trap monitoring for hour i from EGU j,
Rmm<INF>j</INF> = Maximum rated heat input, MMBtu/h, or maximum 
rated gross output, MWh/h, for EGU j,
p = number of EGUs in emissions averaging group that rely on CEMS,
n = hours in an averaging period (e.g., 720 for a 30-group boiler 
operating day averaging period or 2160 for a 90-group boiler 
operating day averaging period),
q<INF>j</INF> = hours in an averaging period for EGU j (e.g., 720 
for a 30-group boiler operating day averaging period or 2160 for a 
90-group boiler operating day averaging period),
Ter<INF>k</INF> = Emissions rate (lb/MMBTU or lb/MWh) from the most 
recent test of EGU k,
Rmt<INF>k</INF> = Maximum rated heat input, MMBtu/h, or maximum 
rated gross output, MWh/h, for EGU k,
r<INF>k</INF> = hours in an averaging period for EGU k (e.g., 720 
for a 30-group boiler operating day averaging period or 2160 for a 
90-group boiler operating day averaging period), and
m = number of EGUs in emissions averaging group that rely on 
emissions testing.

[[Page 8453]]

[GRAPHIC] [TIFF OMITTED] TP17FE15.001

Where:

Variables with the similar names share the descriptions for Equation 
1a,
Smm<INF>j</INF> = maximum steam generation, lb<INF>steam</INF>/h or 
lb/gross output, for EGU j,
Cfm<INF>j</INF> = conversion factor, calculated from the most recent 
compliance test results, in terms units of heat input or electrical 
output per pound of steam generated (MMBtu/lb<INF>steam</INF> or 
MWh/lb<INF>steam</INF>) from EGU j,
Smt<INF>k</INF> = maximum steam generation, lb<INF>steam</INF>/h or 
lb/gross output, for EGU k, and
Cfm<INF>k</INF> = conversion factor, calculated from the most recent 
compliance test results, in terms units of heat input or electrical 
output per pound of steam generated (MMBtu/lb<INF>steam</INF> or 
MWh/lb<INF>steam</INF>) from EGU k.

    (2) Weighted 30-boiler operating day rolling average emissions rate 
equations for pollutants other than Hg. Use equation 2a or 2b to 
calculate the 30 day rolling average emissions daily.
[GRAPHIC] [TIFF OMITTED] TP17FE15.002

Where:

Her<INF>i</INF> = hourly emission rate (e.g., lb/MMBtu, lb/MWh) from 
unit i's CEMS for the preceding 30-group boiler operating days,
Rm<INF>i</INF> = hourly heat input or gross output from unit i for 
the preceding 30-group boiler operating days,
p = number of EGUs in emissions averaging group that rely on CEMS or 
sorbent trap monitoring,
n = number of hours that hourly rates are collected over 30-group 
boiler operating days,
Ter<INF>i</INF> = Emissions rate from most recent emissions test of 
unit i in terms of lb/heat input or lb/gross output,
Rt<INF>i</INF> = Total heat input or gross output of unit i for the 
preceding 30-boiler operating days, and
m = number of EGUs in emissions averaging group that rely on 
emissions testing.
[GRAPHIC] [TIFF OMITTED] TP17FE15.003

Where:

variables with similar names share the descriptions for Equation 2a,
Sm<INF>i</INF> = steam generation in units of pounds from unit i 
that uses CEMS for the preceding 30-group boiler operating days,
Cfm<INF>i</INF> = conversion factor, calculated from the most recent 
compliance test results, in units of heat input per pound of steam 
generated or gross output per pound of steam generated, from unit i 
that uses CEMS from the preceding 30 group boiler operating days,
St<INF>i</INF> = steam generation in units of pounds from unit i 
that uses emissions testing, and
Cft<INF>i</INF> = conversion factor, calculated from the most recent 
compliance test results, in units of heat input per pound of steam 
generated or gross output per pound of steam generated, from unit i 
that uses emissions testing.

    (3) Weighted 90-boiler operating day rolling average emissions rate 
equations for Hg emissions from EGUs in the ``coal-fired unit not low 
rank virgin coal'' subcategory. Use equation 3a or 3b to calculate the 
90-day rolling average emissions daily.
[GRAPHIC] [TIFF OMITTED] TP17FE15.004

Where:

Her<INF>i</INF> = hourly emission rate from unit i's CEMS or Hg 
sorbent trap monitoring system for the preceding 90-group boiler 
operating days,
Rm<INF>i</INF> = hourly heat input or gross output from unit i for 
the preceding 90-group boiler operating days,
p = number of EGUs in emissions averaging group that rely on CEMS,
n = number of hours that hourly rates are collected over the 90-
group boiler operating days,
Ter<INF>i</INF> = Emissions rate from most recent emissions test of 
unit i in terms of lb/heat input or lb/gross output,
Rt<INF>i</INF> = Total heat input or gross output of unit i for the 
preceding 90-boiler operating days, and
m = number of EGUs in emissions averaging group that rely on 
emissions testing.
[GRAPHIC] [TIFF OMITTED] TP17FE15.005

Where:

variables with similar names share the descriptions for Equation 2a,
Sm<INF>i</INF> = steam generation in units of pounds from unit i 
that uses CEMS or a Hg

[[Page 8454]]

sorbent trap monitoring for the preceding 90-group boiler operating 
days,
Cfm<INF>i</INF> = conversion factor, calculated from the most recent 
compliance test results, in units of heat input per pound of steam 
generated or gross output per pound of steam generated, from unit i 
that uses CEMS or sorbent trap monitoring from the preceding 90-
group boiler operating days,
St<INF>i</INF> = steam generation in units of pounds from unit i 
that uses emissions testing, and
Cft<INF>i</INF> = conversion factor, calculated from the most recent 
emissions test results, in units of heat input per pound of steam 
generated or gross output per pound of steam generated, from unit i 
that uses emissions testing.

* * * * *
    (f) Emissions averaging group eligibility demonstration. You must 
demonstrate the ability for the EGUs included in the emissions 
averaging group to demonstrate initial compliance according to 
paragraph (f)(1) or (2) of this section using the maximum possible heat 
input or gross output over a 30- (or 90-) boiler operating day period 
of each EGU and the results of the initial performance tests. For this 
demonstration and prior to preparing your emissions averaging plan, you 
must conduct required emissions monitoring for 30- (or 90-) days of 
boiler operation and any required manual performance testing to 
calculate maximum weighted average emissions rate in accordance with 
this section. Should the Administrator require approval, you must 
submit your proposed emissions averaging plan and supporting data at 
least 120 days before the date on which you plan to being using 
emissions averaging. If the Administrator requires approval of your 
plan, you may not begin using emissions averaging until the 
Administrator approves your plan.
* * * * *
    (2) If you are not capable of monitoring heat input or gross 
output, and the EGU generates steam for purposes other than generating 
electricity, you may use Equation 1b of this section as an alternative 
to using Equation 1a of this section to demonstrate that the maximum 
weighted average emissions rates of filterable PM, HF, SO<INF>2</INF>, 
HCl, non-Hg HAP metals, or Hg emissions from the existing units 
participating in the emissions averaging group do not exceed the 
emission limits in Table 2 to this subpart.
* * * * *
    (g) * * *
    (1) You must use Equation 2a or 3a of paragraph (b) of this section 
to calculate the weighted average emissions rate using the actual heat 
input or gross output for each existing unit participating in the 
emissions averaging option.
    (2) If you are not capable of monitoring heat input or gross 
output, you may use Equation 2b or 3b of paragraph (b) of this section 
as an alternative to using Equation 2a of paragraph (b) of this section 
to calculate the average weighted emission rate using the actual steam 
generation from the units participating in the emissions averaging 
option.
* * * * *
    (j) * * *
    (1) * * *
    (ii) The process weighting parameter (heat input, gross output, or 
steam generated) that will be monitored for each averaging group;
* * * * *
0
11. Section 63.10010 is amended by:
0
a. Revising paragraph (a)(4);
0
b. Revising paragraph (f)(3);
0
c. Revising paragraphs (h)(6)(i) and (ii);
0
d. Revising paragraphs (i)(5)(i)(A) and (B);
0
e. Revising paragraph (j)(1)(i) and (j)(4)(i)(A) and (B); and
0
f. Revising paragraph (l).
    The revisions read as follows:


Sec.  63.10010  What are my monitoring, installation, operation, and 
maintenance requirements?

* * * * *
    (a) * * *
    (4) Unit with a main stack and a bypass stack that exhausts to the 
atmosphere independent of the main stack. If the exhaust configuration 
of an affected unit consists of a main stack and a bypass stack, you 
shall install CEMS on both the main stack and the bypass stack. If it 
is not feasible to certify and quality-assure the data from a 
monitoring system on the bypass stack, you shall:
    (i) Route the exhaust from the bypass through the main stack and 
its monitoring so that bypass emissions are measured, or
    (ii) Install a CEMS only on the main stack and count hours that the 
bypass stack is in use as hours of deviation from the monitoring 
requirements.
* * * * *
    (f) * * *
    (3) Calculate and record a 30-boiler operating day rolling average 
SO<INF>2</INF> emission rate in the units of the standard, updated 
after each new boiler operating day. Each 30-boiler operating day 
rolling average emission rate is the average of all of the valid hourly 
SO<INF>2</INF> emission rates in the preceding 30 boiler operating 
days.
* * * * *
    (h) * * *
    (6) * * *
    (i) Any data collected during periods of monitoring system 
malfunctions, repairs associated with monitoring system malfunctions, 
or required monitoring system quality assurance or quality control 
activities conducted during monitoring system malfunctions. You must 
report any such periods in your annual deviation report;
    (ii) Any data collected during periods when the monitoring system 
is out of control as specified in your site-specific monitoring plan, 
repairs associated with periods when the monitoring system is out of 
control, or required monitoring system quality assurance or quality 
control activities conducted during out-of-control periods. You must 
report any such periods in your annual deviation report.
* * * * *
    (i) * * *
    (5) * * *
    (i) * * *
    (A) Any data collected during periods of monitoring system 
malfunctions, repairs associated with monitoring system malfunctions, 
or required monitoring system quality assurance or quality control 
activities conducted during monitoring system malfunctions. You must 
report any such periods in your annual deviation report;
    (B) Any data collected during periods when the monitoring system is 
out of control as specified in your site-specific monitoring plan, 
repairs associated with periods when the monitoring system is out of 
control, or required monitoring system quality assurance or quality 
control activities conducted during out-of-control periods. You must 
report any such periods in your annual deviation report.
* * * * *
    (j) * * *
    (1) * * *
    (i) Install, calibrate, operate, and maintain your HAP metals CEMS 
according to your CMS quality control program, as described in Sec.  
63.8(d)(2). The reportable measurement output from the HAP metals CEMS 
must be expressed in units of the applicable emissions limit (e.g., lb/
MMBtu, lb/MWh) and in the form of a 30-boiler operating day rolling 
average.
* * * * *
    (4) * * *
    (i) * * *
    (A) Any data collected during periods of monitoring system 
malfunctions, repairs associated with monitoring

[[Page 8455]]

system malfunctions, or required monitoring system quality assurance or 
quality control activities conducted during monitoring system 
malfunctions. You must report any such periods in your annual deviation 
report;
    (B) Any data collected during periods when the monitoring system is 
out of control as specified in your site-specific monitoring plan, 
repairs associated with periods when the monitoring system is out of 
control, or required monitoring system quality assurance or quality 
control activities conducted during out-of-control periods. You must 
report any such periods in your annual deviation report.
* * * * *
    (l) Should you choose to rely on paragraph (2) of the definition of 
``startup'' in Sec.  63.10042 for your EGU, you must install, verify, 
operate, maintain, and quality assure each monitoring system necessary 
for demonstrating compliance with the PM or non-mercury metals work 
practice standards required to comply with Sec.  63.10020(e).
    (1) You shall develop a site-specific monitoring plan for PM or 
non-mercury metals work practice monitoring during startup periods.
    (2) You shall submit the site-specific monitoring plan upon request 
by the Administrator.
    (3) The provisions of the monitoring plan must address the 
following items:
    (i) Monitoring system installation;
    (ii) Performance and equipment specifications;
    (iii) Schedule for initial and periodic performance evaluations;
    (iv) Performance evaluation procedures and acceptance criteria;
    (v) On-going operation and maintenance procedures; and
    (vi) On-going recordkeeping and reporting procedures.
    (4) You may rely on monitoring system specifications or 
instructions or manufacturer's specifications to address paragraphs 
(l)(3)(i) through (vi) of this section.
    (5) You must operate and maintain the monitoring system according 
to the site-specific monitoring plan.
0
12. Section 63.10011 is amended by revising paragraphs (b), (c), (e) 
and (g) to read as follows:


Sec.  63.10011  How do I demonstrate initial compliance with the 
emissions limits and work practice standards?

* * * * *
    (b) If you are subject to an operating limit in Table 4 to this 
subpart, you demonstrate initial compliance with HAP metals or 
filterable PM emission limit(s) through performance stack tests and you 
elect to use a PM CPMS to demonstrate continuous performance, or if, 
for a liquid oil-fired EGU, and you use quarterly stack testing for HCl 
and HF plus site-specific parameter monitoring to demonstrate 
continuous performance, you must also establish a site-specific 
operating limit, in accordance with Sec.  63.10007 and Table 6 to this 
subpart. You may use only the parametric data recorded during 
successful performance tests (i.e., tests that demonstrate compliance 
with the applicable emissions limits) to establish an operating limit.
    (c)(1) If you use CEMS or sorbent trap monitoring systems to 
measure a HAP (e.g., Hg or HCl) directly, the initial performance test, 
consisting of a 30-boiler operating day (or, for certain coal-fired, 
existing EGUs that use emissions averaging for Hg, a 90-boiler 
operating day) rolling average emissions rate obtained with certified 
CEMS, expressed in units of the standard, may occur on or before the 
first averaging period after the date that compliance with the subpart 
is required but must occur such that the averaging period is completed 
on or before the date that compliance must be demonstrated. Initial 
compliance is demonstrated if the results of the performance test meet 
the applicable emission limit in Table 1 or 2 to this subpart.
    (2) For an EGU that uses a CEMS to measure SO<INF>2</INF> or PM 
emission for initial compliance, the initial performance test, 
consisting of a 30-boiler operating day average emission rate obtained 
with certified CEMS, expressed in units of the standard, may occur on 
or before the first averaging period after the date that compliance 
with the subpart is required but must occur such that the averaging 
period is completed on or before the date that compliance must be 
demonstrated. Initial compliance is demonstrated if the results of the 
performance test meet the applicable SO<INF>2</INF> or PM emission 
limit in Table 1 or 2 to this subpart.
* * * * *
    (e) You must submit a Notification of Compliance Status containing 
the results of the initial compliance demonstration, in accordance with 
Sec.  63.10030(e).
* * * * *
    (g) You must follow the startup or shutdown requirements as 
established in Table 3 to this subpart for each coal-fired, liquid oil-
fired, or solid oil-derived fuel-fired EGU.
    (1) You may use the diluent cap and default electrical load values, 
as described in Sec.  63.10007(f), during startup periods or shutdown 
periods.
    (2) You must operate all CMS, collect data, calculate pollutant 
emission rates, and record data during startup periods or shutdown 
periods.
    (3) You must report the information as required in Sec.  63.10031.
    (4) If you choose to use paragraph (2) of the definition of 
``startup'' in Sec.  63.10042 and you find that you are unable to 
safely engage and operate your particulate matter (PM) control(s) 
within 1 hour of first firing of coal, residual oil, or solid oil-
derived fuel, you may choose to rely on paragraph (1) of definition of 
``startup'' in Sec.  63.10042 or you may submit a request to use an 
alternative non-opacity emissions standard, as described below.
    (i) As mentioned in Sec.  63.6(g)(1), the request will be published 
in the Federal Register for notice and comment rulemaking. Until 
promulgation in the Federal Register of the final alternative non-
opacity emission standard, you shall comply with paragraph (1) of the 
definition of ``startup'' in Sec.  63.10042. You shall not implement 
the alternative non-opacity emissions standard until promulgation in 
the Federal Register of the final alternative non-opacity emission 
standard.
    (ii) The request need not address the items contained in Sec.  
63.6(g)(2).
    (iii) The request shall provide evidence of a documented 
manufacturer-identified safety issue.
    (iv) The request shall provide information to document that the PM 
control device is adequately designed and sized to meet the PM emission 
limit applicable to the EGU.
    (v) In addition, the request shall contain documentation that:
    (A) The EGU is using clean fuels to the maximum extent practicable, 
taking into account considerations such as not compromising boiler or 
control device integrity, to bring the EGU and PM control device up to 
the temperature necessary to alleviate or prevent the identified safety 
issues prior to the combustion of primary fuel in the EGU;
    (B) The EGU has explicitly followed the manufacturer's procedures 
to alleviate or prevent the identified safety issue; and
    (C) Identifies with specificity the details of the manufacturer's 
statement of concern.
    (vi) The request shall specify the other work practice standards 
the EGU owner or operator will take to limit HAP emissions during 
startup periods and shutdown periods to ensure a control level 
consistent with the work practice standards of the final rule.
    (vii) You must comply with all other work practice requirements, 
including but not limited to data collection,

[[Page 8456]]

recordkeeping, and reporting requirements.
0
13. Section 63.10020 is amended by revising paragraph (e) to read as 
follows:


Sec.  63.10020  How do I monitor and collect data to demonstrate 
continuous compliance?

* * * * *
    (e) Additional requirements during startup periods or shutdown 
periods if you choose to rely on paragraph (2) of the definition of 
``startup'' in Sec.  63.10042 for your EGU.
    (1) During each period of startup, you must record for each EGU:
    (i) The date and time that clean fuels being combusted for the 
purpose of startup begins;
    (ii) The quantity and heat input of clean fuel for each hour of 
startup;
    (iii) The gross output for each hour of startup;
    (iv) The date and time that non-clean fuel combustion begins; and
    (v) The date and time that clean fuels being combusted for the 
purpose of startup ends.
    (2) During each period of shutdown, you must record for each EGU:
    (i) The date and time that clean fuels being combusted for the 
purpose of shutdown begins;
    (ii) The quantity and heat input of clean fuel for each hour of 
shutdown;
    (iii) The gross output for each hour of shutdown;
    (iv) The date and time that non-clean fuel combustion ends; and
    (v) The date and time that clean fuels being combusted for the 
purpose of shutdown ends.
    (3) For PM or non-mercury HAP metals work practice monitoring 
during startup periods, you must monitor and collect data according to 
this section and the site-specific monitoring plan required by Sec.  
63.10010(l).
    (i) Except for an EGU that uses PM CEMS or PM CPMS to demonstrate 
compliance with the PM emissions limit or that has LEE status for 
filterable PM or total non-Hg HAP metals for non- liquid oil-fired EGUs 
(or HAP metals emissions for liquid oil-fired EGUs), or individual non-
mercury metals CEMS you must:
    (A) Record temperature and combustion air flow or calculated flow 
as determined from combustion equations of post-combustion (exhaust) 
gas, as well as amperage of forced draft fan(s), upstream of the 
filterable PM control devices during each hour of startup.
    (B) Record temperature and flow of exhaust gas, as well as amperage 
of any induced draft fan(s), downstream of the filterable PM control 
devices during each hour of startup.
    (C) For an EGU with an electrostatic precipitator, record the 
number of fields in service, as well as each field's secondary voltage 
and secondary current during each hour of startup.
    (D) For an EGU with a fabric filter, record the number of 
compartments in service, as well as the differential pressure across 
the baghouse during each hour of startup.
    (E) For an EGU with a wet scrubber needed for filterable PM 
control, record the scrubber liquid to flue gas ratio and the 
differential pressure across the scrubber of the liquid during each 
hour of startup.
0
14. Section 63.10021 is amended by revising paragraphs (d)(3), (e) 
introductory text, and (e)(9)(i) and (ii) to read as follows:


Sec.  63.10021  How do I demonstrate continuous compliance with the 
emission limitations, operating limits, and work practice standards?

* * * * *
    (d) * * *
    (3) Must conduct site-specific monitoring using CMS to demonstrate 
compliance with the site-specific monitoring requirements in Table 7 to 
this subpart pertaining to HCl and HF emissions from a liquid oil-fired 
EGU to ensure compliance with the HCl and HF emission limits in Tables 
1 and 2 to this subpart, in accordance with the requirements of Sec.  
63.10000(c)(2)(iii). The monitoring must meet the general operating 
requirements provided in Sec.  63.10020.
    (e) Conduct periodic performance tune-ups of your EGU(s), as 
specified in paragraphs (e)(1) through (9) of this section. For your 
first tune-up, you may delay the burner inspection until the next 
scheduled EGU outage provided you meet the requirements of Sec.  
63.10005. Subsequently, you must perform an inspection of the burner at 
least once every 36 calendar months unless your EGU employs neural 
network combustion optimization during normal operations in which case 
you must perform an inspection of the burner and combustion controls at 
least once every 48 calendar months.
* * * * *
    (9) * * *
    (i) If the first tune-up is performed prior to April 16, 2015, 
report the date of the tune-up in hard copy (as specified in Sec.  
63.10030) and electronically (as specified in Sec.  63.10031). Report 
the date of each subsequent tune-up electronically (as specified in 
Sec.  63.10031).
    (ii) If the first tune-up is performed on or after April 16, 2015, 
report the date of the tune-up and all subsequent tune-ups 
electronically, in accordance with Sec.  63.10031.
* * * * *
0
15. Section 63.10023 is amended by removing and reserving paragraph 
(b)(1) and revising (b)(2) introductory text to read as follows:


Sec.  63.10023  How do I establish my PM CPMS operating limit and 
determine compliance with it?

* * * * *
    (b) * * *
    (2) Determine your operating limit as follows:
* * * * *
0
16. Section 63.10030 is amended by:
0
a. Revising paragraphs (e)(1) and (e)(7)(i);
0
b. Adding paragraph (e)(7)(iii);
0
c. Revising paragraph (e)(8);
0
d. Adding paragraph (f).
    The revisions and additions read as follows:


Sec.  63.10030  What notifications must I submit and when?

* * * * *
    (e) * * *
    (1) A description of the affected source(s), including 
identification of the subcategory of the source, the design capacity of 
the source, a description of the add-on controls used on the source, 
description of the fuel(s) burned, including whether the fuel(s) were 
determined by you or EPA through a petition process to be a non-waste 
under 40 CFR 241.3, whether the fuel(s) were processed from discarded 
non-hazardous secondary materials within the meaning of 40 CFR 241.3, 
and justification for the selection of fuel(s) burned during the 
performance test.
* * * * *
    (7) * * *
    (i) A summary of the results of the annual performance tests and 
documentation of any operating limits that were reestablished during 
this test, if applicable. If you are conducting stack tests once every 
3 years consistent with Sec.  63.10006(b), the date of each stack test 
conducted during the previous 3 years, a comparison of emission level 
you achieved in each stack test conducted during the previous 3 years 
to the 50 percent emission limit threshold required in Sec.  
63.10006(i), and a statement as to whether there have been any 
operational changes since the last stack test that could increase 
emissions.
* * * * *
    (iii) For each of your existing EGUs, identification of each 
emissions limit as specified in Table 2 to this subpart with which you 
plan to comply.

[[Page 8457]]

    (A) You may switch between mass per heat input and mass per gross 
output levels, provided:
    (1) You submit a Notification of Compliance Status that identifies 
for each EGU or EGU emissions averaging group involved in proposed 
switch both the current and proposed emission limit;
    (2) Your submission arrives to the Administrator at least 30 
calendar days prior to the date that the switch is proposed to occur;
    (3) Your submission demonstrates through performance stack test 
results conducted within 30 days prior to your submission, compliance 
for each EGU or EGU emissions averaging group with both the mass per 
heat input and mass per electric output limits;
    (4) You revise and submit all other applicable plans, e.g., 
monitoring and emissions averaging, with your submission; and
    (5) You maintain records of all information regarding your choice 
of emission limits.
    (B) You may begin to use the revised emission limits the semi-
annual reporting period after receipt of written acknowledgement from 
the Administrator of the switch.
    (C) From submission until the semi-annual reporting period after 
receipt of written acknowledgement from the Administrator of the 
switch, you must demonstrate compliance with both the mass per heat 
input and mass per electric output emission limits for each pollutant 
for each EGU or EGU emissions averaging group.
    (8) Identification of whether you plan to rely on paragraph (1) or 
(2) of the definition of ``startup'' in Sec.  63.10042.
    (i) Should you choose to rely on paragraph (2) of the definition of 
``startup'' in Sec.  63.10042 for your EGU, you shall include a report 
that identifies:
    (A) The original EGU installation date;
    (B) The original EGU design characteristics, including, but not 
limited to, fuel mix and PM controls;
    (C) Each design PM control device efficiency established during 
performance testing or while operating in periods other than startup 
and shutdown periods;
    (D) The design PM emission rate from the EGU in terms of pounds PM 
per MMBtu and pounds PM per hour established during performance testing 
or while operating in periods other than startup and shutdown periods;
    (E) The design time from start of fuel combustion to necessary 
conditions for each PM control device startup;
    (F) Each design PM control device efficiency upon startup of the PM 
control device, if different from the efficiency provided in paragraph 
(e)(8)(i)(C) of this section;
    (G) Current EGU PM producing characteristics, including, but not 
limited to, fuel mix and PM controls, if different from the 
characteristics provided in paragraph (e)(8)(i)(B) of this section;
    (H) Current PM control device efficiency from each PM control 
device, if different from the efficiency provided in paragraph 
(e)(8)(i)(C) of this section;
    (I) Current PM emission rate from the EGU in terms of pounds PM per 
MMBtu and pounds per hour, if different from the rate provided in 
paragraph (e)(8)(i)(D) of this section;
    (J) Current time from start of fuel combustion to conditions 
necessary for each PM control device startup, if different from the 
time provided in paragraph (e)(8)(i)(E) of this section; and
    (M) Current PM control device efficiency upon startup of each PM 
control device, if different from the efficiency provided in paragraph 
(e)(8)(i)(H) of this section.
    (ii) The report shall be prepared, signed, and sealed by a 
professional engineer licensed in the state where your EGU is located.
    (f) You must submit the notifications in Sec.  63.10000(h)(2) and 
(i)(2) that may apply to you by the dates specified.
0
17. Section 63.10031 is amended by:
0
a. Revising paragraphs (c)(4) and (5);
0
b. Adding paragraph (c)(6); and
0
c. Revising paragraph (f)(5).
    The revisions and addition read as follows:


Sec.  63.10031  What reports must I submit and when?

* * * * *
    (c) * * *
    (4) Include the date of the most recent tune-up for each EGU. For 
the first tune-up, include the date of the burner inspection if it was 
delayed.
    (5) Should you choose to rely on paragraph (2) of the definition of 
``startup'' in Sec.  63.10042 for your EGU, for each instance of 
startup or shutdown you shall:
    (i) Include the maximum clean fuel storage capacity and the maximum 
hourly heat input that can be provided for each clean fuel determined 
according to the requirements of Sec.  63.10032(f).
    (ii) Include the information required to be monitored, collected, 
or recorded according to the requirements of Sec.  63.10020(e).
    (iii) If you choose to use CEMS to demonstrate compliance with 
numerical limits, include hourly average CEMS values and hourly average 
flow values during startup periods or shutdown periods. Use units of 
milligrams per cubic meter for PM CEMS values, micrograms per cubic 
meter for Hg CEMS values, and ppmv for HCl, HF, or SO<INF>2</INF> CEMS 
values. Use units of standard cubic meters per hour on a wet basis for 
flow values.
    (iv) If you choose to use a separate sorbent trap measurement 
system for startup or shutdown reporting periods, include hourly 
average mercury concentration values in terms of micrograms per cubic 
meter.
    (v) If you choose to use a PM CPMS, include hourly average 
operating parameter values in terms of the operating limit, as well as 
the operating parameter to PM correlation equation.
    (6) Emergency bypass reports from EGUs with LEE status.
* * * * *
    (f) * * *
    (5) All reports required by this subpart not subject to the 
requirements in paragraphs (f)(1) through (4) of this section must be 
sent to the Administrator at the appropriate address listed in Sec.  
63.13. If acceptable to both the Administrator and the owner or 
operator of an EGU, these reports may be submitted on electronic media. 
The Administrator retains the right to require submittal of reports 
subject to paragraphs (f)(1) through (4) of this section in paper 
format.
* * * * *
0
18. Section 63.10032 is amended by revising paragraph (f) to read as 
follows:


Sec.  63.10032  What records must I keep?

* * * * *
    (f) Regarding startup periods or shutdown periods:
    (1) Should you choose to rely on paragraph (1) of the definition of 
``startup'' in Sec.  63.10042 for your EGU, you must keep records of 
the occurrence and duration of each startup or shutdown.
    (2) Should you choose to rely on paragraph (2) of the definition of 
``startup'' in Sec.  63.10042 for your EGU, you must keep records of:
    (i) The determination of the maximum clean fuel capacity for each 
EGU;
    (ii) The determination of the maximum hourly clean fuel heat input 
and of the hourly clean fuel heat input for each EGU; and
    (iii) The information required in Sec.  63.10020(e).
* * * * *
0
19. Section 63.10042 is amended by:
0
a. Revising the definitions of ``Coal-fired electric utility steam 
generating

[[Page 8458]]

unit,'' ``Coal refuse,'' ``Fossil fuel-fired,'' ``Integrated 
gasification combined cycle electric utility steam generating unit or 
IGCC,'' ``Limited-use liquid oil-fired subcategory,'' and ``Natural 
gas-fired electric utility steam generating unit'';
0
b. Adding, in alphabetical order, a definition of ``Neural network or 
neural net''; and
0
c. Revising the definition of ``Oil-fired electric utility steam 
generating unit.''
    The revisions and additions read as follows:


Sec.  63.10042  What definitions apply to this subpart?

* * * * *
    Coal-fired electric utility steam generating unit means an electric 
utility steam generating unit meeting the definition of ``fossil fuel-
fired'' that burns coal for more than 10.0 percent of the average 
annual heat input during the 3 previous calendar years after the 
compliance date for your facility in Sec.  63.9984 or for more than 
15.0 percent of the annual heat input during any one of those calendar 
years. EGU owners and operators must estimate coal, oil, and natural 
gas usage for the first 3 calendar years after the applicable 
compliance date and they are solely responsible for assuring compliance 
with this final rule or other applicable standard based on their fuel 
usage projections.
    Coal refuse means waste products of coal mining, physical coal 
cleaning, and coal preparation operations (e.g. culm, gob, etc.) 
containing coal, matrix material, clay, and other organic and inorganic 
material.
* * * * *
    Fossil fuel-fired means an electric utility steam generating unit 
(EGU) that is capable of combusting more than 25 MW of fossil fuels. To 
be ``capable of combusting'' fossil fuels, an EGU would need to have 
these fuels allowed in its operating permit 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 fuel-
fired means any EGU that fired fossil fuels for more than 10.0 percent 
of the average annual heat input during the 3 previous calendar years 
after the compliance date for your facility in Sec.  63.9984 or for 
more than 15.0 percent of the annual heat input during any one of those 
calendar years. EGU owners and operators must estimate coal, oil, and 
natural gas usage for the first 3 calendar years after the applicable 
compliance date and they are solely responsible for assuring compliance 
with this final rule or other applicable standard based on their fuel 
usage projections.
* * * * *
    Integrated gasification combined cycle electric utility steam 
generating unit or IGCC means an electric utility steam generating unit 
meeting the definition of ``fossil fuel-fired'' that burns a synthetic 
gas derived from coal and/or solid oil-derived fuel for more than 10.0 
percent of the average annual heat input during the 3 previous calendar 
years after the compliance date for your facility in Sec.  63.9984 or 
for more than 15.0 percent of the annual heat input during any one of 
those calendar years in a combined-cycle gas turbine. EGU owners and 
operators must estimate coal, oil, and natural gas usage for the first 
3 calendar years after the applicable compliance date and they are 
solely responsible for assuring compliance with this final rule or 
other applicable standard based on their fuel usage projections. No 
solid coal or solid oil-derived fuel is directly burned in the unit 
during operation.
* * * * *
    Limited-use liquid oil-fired subcategory means an oil-fired 
electric utility steam generating unit with an annual capacity factor 
when burning oil of less than 8 percent of its maximum or nameplate 
heat input, whichever is greater, averaged over a 24-month block 
contiguous period commencing April 16, 2015.
* * * * *
    Natural gas-fired electric utility steam generating unit means an 
electric utility steam generating unit meeting the definition of 
``fossil fuel-fired'' that is not a coal-fired, oil-fired, or IGCC 
electric utility steam generating unit and that burns natural gas for 
more than 10.0 percent of the average annual heat input during the 3 
previous calendar years after the compliance date for your facility in 
Sec.  63.9984 or for more than 15.0 percent of the annual heat input 
during any one of those calendar years. EGU owners and operators must 
estimate coal, oil, and natural gas usage for the first 3 calendar 
years after the applicable compliance date and they are solely 
responsible for assuring compliance with this final rule or other 
applicable standard based on their fuel usage projections.
* * * * *
    Neural network or neural net for purposes of this rule means an 
automated boiler optimization system. A neural network typically has 
the ability to process data from many inputs to develop, remember, 
update, and enable algorithms for efficient boiler operation.
* * * * *
    Oil-fired electric utility steam generating unit means an electric 
utility steam generating unit meeting the definition of ``fossil fuel-
fired'' that is not a coal-fired electric utility steam generating unit 
and that burns oil for more than 10.0 percent of the average annual 
heat input during the 3 previous calendar years after the compliance 
date for your facility in Sec.  63.9984 or for more than 15.0 percent 
of the annual heat input during any one of those calendar years.
* * * * *
0
20. Revise Table 1 to subpart UUUUU of part 63 to read as follows:

               Table 1 to Subpart UUUUU of Part 63--Emission Limits for New or Reconstructed EGUs
          [As stated in Sec.   63.9991, you must comply with the following applicable emission limits:]
----------------------------------------------------------------------------------------------------------------
                                                                                               Using these
                                                                                             requirements, as
                                                                                            appropriate (e.g.,
                                                                                            specified sampling
                                                                   You must meet the        volume or test run
 If your EGU is in this subcategory .     For the following        following emission         duration) and
                 . .                       pollutants . . .         limits and work        limitations with the
                                                                 practice standards . .  test methods in Table 5
                                                                           .               to Subpart UUUUU of
                                                                                           Part 63--Performance
                                                                                          Testing Requirements .
                                                                                                   . .
----------------------------------------------------------------------------------------------------------------
1. Coal-fired unit not low rank        a. Filterable            9.0E-2 lb/MWh \1\......  Collect a minimum of 4
 virgin coal.                           particulate matter                                dscm per run.
                                        (PM).
                                       OR                       OR
                                       Total non-Hg HAP metals  6.0E-2 lb/GWh..........  Collect a minimum of 4
                                                                                          dscm per run.
                                       OR                       OR

[[Page 8459]]

 
                                       Individual HAP metals:.  .......................  Collect a minimum of 3
                                                                                          dscm per run.
                                       Antimony (Sb)..........  8.0E-3 lb/GWh..........
                                       Arsenic (As)...........  3.0E-3 lb/GWh..........
                                       Beryllium (Be).........  6.0E-4 lb/GWh..........
                                       Cadmium (Cd)...........  4.0E-4 lb/GWh..........
                                       Chromium (Cr)..........  7.0E-3 lb/GWh..........
                                       Cobalt (Co)............  2.0E-3 lb/GWh..........
                                       Lead (Pb)..............  2.0E-2 lb/GWh..........
                                       Manganese (Mn).........  4.0E-3 lb/GWh..........
                                       Nickel (Ni)............  4.0E-2 lb/GWh..........
                                       Selenium (Se)..........  5.0E-2 lb/GWh..........
                                       b. Hydrogen chloride     1.0E-2 lb/MWh..........  For Method 26A, collect
                                        (HCl).                                            a minimum of 3 dscm
                                                                                          per run.
                                                                                         For ASTM D6348-03 \2\
                                                                                          or Method 320, sample
                                                                                          for a minimum of 1
                                                                                          hour.
                                       OR
                                       Sulfur dioxide (SO2)     1.0 lb/MWh.............  SO2 CEMS.
                                        \3\.
                                       c. Mercury (Hg)........  3.0E-3 lb/GWh..........  Hg CEMS or sorbent trap
                                                                                          monitoring system
                                                                                          only.
----------------------------------------------------------------------------------------------------------------
2. Coal-fired units low rank virgin    a. Filterable            9.0E-2 lb/MWh \1\......  Collect a minimum of 4
 coal.                                  particulate matter                                dscm per run.
                                        (PM).
                                       OR                       OR
                                       Total non-Hg HAP metals  6.0E-2 lb/GWh..........  Collect a minimum of 4
                                                                                          dscm per run.
                                       OR                       OR
                                       Individual HAP metals:.  .......................  Collect a minimum of 3
                                                                                          dscm per run.
                                       Antimony (Sb)..........  8.0E-3 lb/GWh..........
                                       Arsenic (As)...........  3.0E-3 lb/GWh..........
                                       Beryllium (Be).........  6.0E-4 lb/GWh..........
                                       Cadmium (Cd)...........  4.0E-4 lb/GWh..........
                                       Chromium (Cr)..........  7.0E-3 lb/GWh..........
                                       Cobalt (Co)............  2.0E-3 lb/GWh..........
                                       Lead (Pb)..............  2.0E-2 lb/GWh..........
                                       Manganese (Mn).........  4.0E-3 lb/GWh..........
                                       Nickel (Ni)............  4.0E-2 lb/GWh..........
                                       Selenium (Se)..........  5.0E-2 lb/GWh..........
                                       b. Hydrogen chloride     1.0E-2 lb/MWh..........  For Method 26A, collect
                                        (HCl).                                            a minimum of 3 dscm
                                                                                          per run.
                                                                                         For ASTM D6348-03 \2\
                                                                                          or Method 320, sample
                                                                                          for a minimum of 1
                                                                                          hour.
                                       OR
                                       Sulfur dioxide (SO2)     1.0 lb/MWh.............  SO2 CEMS.
                                        \3\.
                                       c. Mercury (Hg)........  4.0E-2 lb/GWh..........  Hg CEMS or sorbent trap
                                                                                          monitoring system
                                                                                          only.
----------------------------------------------------------------------------------------------------------------
3. IGCC unit.........................  a. Filterable            7.0E-2 lb/MWh \4\......  Collect a minimum of 1
                                        particulate matter      9.0E-2 lb/MWh \5\......   dscm per run.
                                        (PM).
                                       OR                       OR
                                       Total non-Hg HAP metals  4.0E-1 lb/GWh..........  Collect a minimum of 1
                                                                                          dscm per run.
                                       OR                       OR
                                       Individual HAP metals:.  .......................  Collect a minimum of 2
                                                                                          dscm per run.
                                       Antimony (Sb)..........  2.0E-2 lb/GWh..........
                                       Arsenic (As)...........  2.0E-2 lb/GWh..........
                                       Beryllium (Be).........  1.0E-3 lb/GWh..........
                                       Cadmium (Cd)...........  2.0E-3 lb/GWh..........
                                       Chromium (Cr)..........  4.0E-2 lb/GWh..........
                                       Cobalt (Co)............  4.0E-3 lb/GWh..........
                                       Lead (Pb)..............  9.0E-3 lb/GWh..........

[[Page 8460]]

 
                                       Manganese (Mn).........  2.0E-2 lb/GWh..........
                                       Nickel (Ni)............  7.0E-2 lb/GWh..........
                                       Selenium (Se)..........  3.0E-1 lb/GWh..........
                                       b. Hydrogen chloride     2.0E-3 lb/MWh..........  For Method 26A, collect
                                        (HCl).                                            a minimum of 1 dscm
                                                                                          per run; for Method
                                                                                          26, collect a minimum
                                                                                          of 120 liters per run.
                                                                                         For ASTM D6348-03 \2\
                                                                                          or Method 320, sample
                                                                                          for a minimum of 1
                                                                                          hour.
                                       OR
                                       Sulfur dioxide (SO2)     4.0E-1 lb/MWh..........  SO2 CEMS.
                                        \3\.
                                       c. Mercury (Hg)........  3.0E-3 lb/GWh..........  Hg CEMS or sorbent trap
                                                                                          monitoring system
                                                                                          only.
----------------------------------------------------------------------------------------------------------------
4. Liquid oil-fired unit--continental  a. Filterable            3.0E-1 lb/MWh \1\......  Collect a minimum of 1
 (excluding limited-use liquid oil-     particulate matter                                dscm per run.
 fired subcategory units).              (PM).
                                       OR                       OR
                                       Total HAP metals.......  2.0E-4 lb/MWh..........  Collect a minimum of 2
                                                                                          dscm per run.
                                       OR                       OR
                                       Individual HAP metals:.  Collect a minimum of 2
                                                                 dscm per run.
                                       Antimony (Sb)..........  1.0E-2 lb/GWh..........
                                       Arsenic (As)...........  3.0E-3 lb/GWh..........
                                       Beryllium (Be).........  5.0E-4 lb/GWh..........
                                       Cadmium (Cd)...........  2.0E-4 lb/GWh..........
                                       Chromium (Cr)..........  2.0E-2 lb/GWh..........
                                       Cobalt (Co)............  3.0E-2 lb/GWh..........
                                       Lead (Pb)..............  8.0E-3 lb/GWh..........
                                       Manganese (Mn).........  2.0E-2 lb/GWh..........
                                       Nickel (Ni)............  9.0E-2 lb/GWh..........
                                       Selenium (Se)..........  2.0E-2 lb/GWh..........
                                       Mercury (Hg)...........  1.0E-4 lb/GWh..........  For Method 30B sample
                                                                                          volume determination
                                                                                          (Section 8.2.4), the
                                                                                          estimated Hg
                                                                                          concentration should
                                                                                          nominally be <\1/2\
                                                                                          the standard.
                                       b. Hydrogen chloride     4.0E-4 lb/MWh..........  For Method 26A, collect
                                        (HCl).                                            a minimum of 3 dscm
                                                                                          per run.
                                                                                         For ASTM D6348-03 \2\
                                                                                          or Method 320, sample
                                                                                          for a minimum of 1
                                                                                          hour.
                                       c. Hydrogen fluoride     4.0E-4 lb/MWh..........  For Method 26A, collect
                                        (HF).                                             a minimum of 3 dscm
                                                                                          per run.
                                                                                         For ASTM D6348-03 \2\
                                                                                          or Method 320, sample
                                                                                          for a minimum of 1
                                                                                          hour.
----------------------------------------------------------------------------------------------------------------
5. Liquid oil-fired unit--non-         a. Filterable            2.0E-1 lb/MWh \1\......  Collect a minimum of 1
 continental (excluding limited-use     particulate matter                                dscm per run.
 liquid oil-fired subcategory units).   (PM).
                                       OR                       OR
                                       Total HAP metals.......  7.0E-3 lb/MWh..........  Collect a minimum of 1
                                                                                          dscm per run.
                                       OR                       OR
                                       Individual HAP metals:.  .......................  Collect a minimum of 3
                                                                                          dscm per run.
                                       Antimony (Sb)..........  8.0E-3 lb/GWh..........
                                       Arsenic (As)...........  6.0E-2 lb/GWh..........
                                       Beryllium (Be).........  2.0E-3 lb/GWh..........
                                       Cadmium (Cd)...........  2.0E-3 lb/GWh..........
                                       Chromium (Cr)..........  2.0E-2 lb/GWh..........
                                       Cobalt (Co)............  3.0E-1 lb/GWh..........

[[Page 8461]]

 
                                       Lead (Pb)..............  3.0E-2 lb/GWh..........
                                       Manganese (Mn).........  1.0E-1 lb/GWh..........
                                       Nickel (Ni)............  4.1E0 lb/GWh...........
                                       Selenium (Se)..........  2.0E-2 lb/GWh..........
                                       Mercury (Hg)...........  4.0E-4 lb/GWh..........  For Method 30B sample
                                                                                          volume determination
                                                                                          (Section 8.2.4), the
                                                                                          estimated Hg
                                                                                          concentration should
                                                                                          nominally be <\1/2\
                                                                                          the standard.
                                       b. Hydrogen chloride     2.0E-3 lb/MWh..........  For Method 26A, collect
                                        (HCl).                                            a minimum of 1 dscm
                                                                                          per run; for Method
                                                                                          26, collect a minimum
                                                                                          of 120 liters per run.
                                                                                         For ASTM D6348-03 \2\
                                                                                          or Method 320, sample
                                                                                          for a minimum of 1
                                                                                          hour.
                                       c. Hydrogen fluoride     5.0E-4 lb/MWh..........  For Method 26A, collect
                                        (HF).                                             a minimum of 3 dscm
                                                                                          per run.
                                                                                         For ASTM D6348-03 \2\
                                                                                          or Method 320, sample
                                                                                          for a minimum of 1
                                                                                          hour.
----------------------------------------------------------------------------------------------------------------
6. Solid oil-derived fuel-fired unit.  a. Filterable            3.0E-2 lb/MWh \1\......  Collect a minimum of 1
                                        particulate matter                                dscm per run.
                                        (PM).
                                       OR                       OR
                                       Total non-Hg HAP metals  6.0E-1 lb/GWh..........  Collect a minimum of 1
                                                                                          dscm per run.
                                       OR                       OR
                                       Individual HAP metals:.  .......................  Collect a minimum of 3
                                                                                          dscm per run.
                                       Antimony (Sb)..........  8.0E-3 lb/GWh..........
                                       Arsenic (As)...........  3.0E-3 lb/GWh..........
                                       Beryllium (Be).........  6.0E-4 lb/GWh..........
                                       Cadmium (Cd)...........  7.0E-4 lb/GWh..........
                                       Chromium (Cr)..........  6.0E-3 lb/GWh..........
                                       Cobalt (Co)............  2.0E-3 lb/GWh..........
                                       Lead (Pb)..............  2.0E-2 lb/GWh..........
                                       Manganese (Mn).........  7.0E-3 lb/GWh..........
                                       Nickel (Ni)............  4.0E-2 lb/GWh..........
                                       Selenium (Se)..........  6.0E-3 lb/GWh..........
                                       b. Hydrogen chloride     4.0E-4 lb/MWh..........  For Method 26A, collect
                                        (HCl).                                            a minimum of 3 dscm
                                                                                          per run.
                                                                                         For ASTM D6348-03 \2\
                                                                                          or Method 320, sample
                                                                                          for a minimum of 1
                                                                                          hour.
                                       OR
                                       Sulfur dioxide (SO2)     1.0 lb/MWh.............  SO2 CEMS.
                                        \3\.
                                       c. Mercury (Hg)........  2.0E-3 lb/GWh..........  Hg CEMS or Sorbent trap
                                                                                          monitoring system
                                                                                          only.
----------------------------------------------------------------------------------------------------------------
\1\ Gross output.
\2\ Incorporated by reference, see Sec.   63.14.
\3\ You may not use the alternate SO2 limit if your EGU does not have some form of FGD system (or, in the case
  of IGCC EGUs, some other acid gas removal system either upstream or downstream of the combined cycle block)
  and SO2 CEMS installed.
\4\ Duct burners on syngas; gross output.
\5\ Duct burners on natural gas; gross output.

0
21. Revise Table 2 to subpart UUUUU of part 63 to read as follows:

[[Page 8462]]



                     Table 2 to Subpart UUUUU of Part 63--Emission Limits for Existing EGUs
        [As stated in Sec.   63.9991, you must comply with the following applicable emission limits: \1\]
----------------------------------------------------------------------------------------------------------------
                                                                                               Using these
                                                                                             requirements, as
                                                                                            appropriate (e.g.,
                                                                                            specified sampling
                                                                   You must meet the        volume or test run
 If your EGU is in this subcategory .     For the following        following emission         duration) and
                 . .                       pollutants . . .         limits and work        limitations with the
                                                                 practice standards . .  test methods in Table 5
                                                                           .               to Subpart UUUUU of
                                                                                           Part 63--Performance
                                                                                          Testing Requirements .
                                                                                                   . .
----------------------------------------------------------------------------------------------------------------
1. Coal-fired unit not low rank        a. Filterable            3.0E-2 lb/MMBtu or 3.0E- Collect a minimum of 1
 virgin coal.                           particulate matter       1 lb/MWh \2\.            dscm per run.
                                        (PM).
                                       OR                       OR
                                       Total non-Hg HAP metals  5.0E-5 lb/MMBtu or 5.0E- Collect a minimum of 1
                                                                 1 lb/GWh.                dscm per run.
                                       OR                       OR
                                       Individual HAP metals:.  .......................  Collect a minimum of 3
                                                                                          dscm per run.
                                          Antimony (Sb).......  8.0E-1 lb/TBtu or 8.0E-
                                                                 3 lb/GWh.
                                          Arsenic (As)........  1.1E0 lb/TBtu or 2.0E-2
                                                                 lb/GWh.
                                          Beryllium (Be)......  2.0E-1 lb/TBtu or 2.0E-
                                                                 3 lb/GWh.
                                          Cadmium (Cd)........  3.0E-1 lb/TBtu or 3.0E-
                                                                 3 lb/GWh.
                                          Chromium (Cr).......  2.8E0 lb/TBtu or 3.0E-2
                                                                 lb/GWh.
                                          Cobalt (Co).........  8.0E-1 lb/TBtu or 8.0E-
                                                                 3 lb/GWh.
                                          Lead (Pb)...........  1.2E0 lb/TBtu or 2.0E-2
                                                                 lb/GWh.
                                          Manganese (Mn)......  4.0E0 lb/TBtu or 5.0E-2
                                                                 lb/GWh.
                                          Nickel (Ni).........  3.5E0 lb/TBtu or 4.0E-2
                                                                 lb/GWh.
                                          Selenium (Se).......  5.0E0 lb/TBtu or 6.0E-2
                                                                 lb/GWh.
                                       b. Hydrogen chloride     2.0E-3 lb/MMBtu or 2.0E- For Method 26A, collect
                                        (HCl).                   2 lb/MWh.                a minimum of 0.75 dscm
                                                                                          per run; for Method
                                                                                          26, collect a minimum
                                                                                          of 120 liters per run.
                                                                                         For ASTM D6348-03 \3\
                                                                                          or Method 320, sample
                                                                                          for a minimum of 1
                                                                                          hour.
                                       OR
                                       Sulfur dioxide (SO2)     2.0E-1 lb/MMBtu or       SO2 CEMS.
                                        \4\.                     1.5E0 lb/MWh.
                                       c. Mercury (Hg)........  1.2E0 lb/TBtu or 1.3E-2  LEE Testing for 30 days
                                                                 lb/GWh.                  with 10 days maximum
                                                                                          per Method 30B run or
                                                                                          Hg CEMS or sorbent
                                                                                          trap monitoring system
                                                                                          only.
                                                                OR                       .......................
                                                                1.0E0 lb/TBtu or 1.1E-2  LEE Testing for 90 days
                                                                 lb/GWh.                  with 10 days maximum
                                                                                          per Method 30B run or
                                                                                          Hg CEMS or sorbent
                                                                                          trap monitoring system
                                                                                          only.
----------------------------------------------------------------------------------------------------------------
2. Coal-fired unit low rank virgin     a. Filterable            3.0E-2 lb/MMBtu or 3.0E- Collect a minimum of 1
 coal.                                  particulate matter       1 lb/MWh \2\.            dscm per run.
                                        (PM).
                                       OR                       OR
                                       Total non-Hg HAP metals  5.0E-5 lb/MMBtu or 5.0E- Collect a minimum of 1
                                                                 1 lb/GWh.                dscm per run.
                                       OR                       OR
                                       Individual HAP metals:.  .......................  Collect a minimum of 3
                                                                                          dscm per run.
                                          Antimony (Sb).......  8.0E-1 lb/TBtu or 8.0E-
                                                                 3 lb/GWh.
                                          Arsenic (As)........  1.1E0 lb/TBtu or 2.0E-2
                                                                 lb/GWh.
                                          Beryllium (Be)......  2.0E-1 lb/TBtu or 2.0E-
                                                                 3 lb/GWh.
                                          Cadmium (Cd)........  3.0E-1 lb/TBtu or 3.0E-
                                                                 3 lb/GWh.
                                          Chromium (Cr).......  2.8E0 lb/TBtu or 3.0E-2
                                                                 lb/GWh.
                                          Cobalt (Co).........  8.0E-1 lb/TBtu or 8.0E-
                                                                 3 lb/GWh.
                                          Lead (Pb)...........  1.2E0 lb/TBtu or 2.0E-2
                                                                 lb/GWh.
                                          Manganese (Mn)......  4.0E0 lb/TBtu or 5.0E-2
                                                                 lb/GWh.
                                          Nickel (Ni).........  3.5E0 lb/TBtu or 4.0E-2
                                                                 lb/GWh.
                                          Selenium (Se).......  5.0E0 lb/TBtu or 6.0E-2
                                                                 lb/GWh.
                                       b. Hydrogen chloride     2.0E-3 lb/MMBtu or 2.0E- For Method 26A, collect
                                        (HCl).                   2 lb/MWh.                a minimum of 0.75 dscm
                                                                                          per run; for Method
                                                                                          26, collect a minimum
                                                                                          of 120 liters per run.
                                                                                         For ASTM D6348-03 \3\
                                                                                          or Method 320, sample
                                                                                          for a minimum of 1
                                                                                          hour.
                                       OR

[[Page 8463]]

 
                                       Sulfur dioxide (SO2)     2.0E-1 lb/MMBtu or       SO2 CEMS.
                                        \4\.                     1.5E0 lb/MWh.
                                       c. Mercury (Hg)........  4.0E0 lb/TBtu or 4.0E-2  LEE Testing for 30 days
                                                                 lb/GWh.                  with 10 days maximum
                                                                                          per Method 30B run or
                                                                                          Hg CEMS or sorbent
                                                                                          trap monitoring system
                                                                                          only.
----------------------------------------------------------------------------------------------------------------
3. IGCC unit.........................  a. Filterable            4.0E-2 lb/MMBtu or 4.0E- Collect a minimum of 1
                                        particulate matter       1 lb/MWh \2\.            dscm per run.
                                        (PM).
                                       OR                       OR
                                       Total non-Hg HAP metals  6.0E-5 lb/MMBtu or 5.0E- Collect a minimum of 1
                                                                 1 lb/GWh.                dscm per run.
                                       OR                       OR
                                       Individual HAP metals:.  .......................  Collect a minimum of 2
                                                                                          dscm per run.
                                          Antimony (Sb).......  1.4E0 lb/TBtu or 2.0E-2
                                                                 lb/GWh.
                                          Arsenic (As)........  1.5E0 lb/TBtu or 2.0E-2
                                                                 lb/GWh.
                                          Beryllium (Be)......  1.0E-1 lb/TBtu or 1.0E-
                                                                 3 lb/GWh.
                                          Cadmium (Cd)........  1.5E-1 lb/TBtu or 2.0E-
                                                                 3 lb/GWh.
                                          Chromium (Cr).......  2.9E0 lb/TBtu or 3.0E-2
                                                                 lb/GWh.
                                          Cobalt (Co).........  1.2E0 lb/TBtu or 2.0E-2
                                                                 lb/GWh.
                                          Lead (Pb)...........  1.9E+2 lb/TBtu or 1.8E0
                                                                 lb/GWh.
                                          Manganese (Mn)......  2.5E0 lb/TBtu or 3.0E-2
                                                                 lb/GWh.
                                          Nickel (Ni).........  6.5E0 lb/TBtu or 7.0E-2
                                                                 lb/GWh.
                                          Selenium (Se).......  2.2E+1 lb/TBtu or 3.0E-
                                                                 1 lb/GWh.
                                       b. Hydrogen chloride     5.0E-4 lb/MMBtu or 5.0E- For Method 26A, collect
                                        (HCl).                   3 lb/MWh.                a minimum of 1 dscm
                                                                                          per run; for Method
                                                                                          26, collect a minimum
                                                                                          of 120 liters per run.
                                                                                         For ASTM D6348-03 \3\
                                                                                          or Method 320, sample
                                                                                          for a minimum of 1
                                                                                          hour.
                                       c. Mercury (Hg)........  2.5E0 lb/TBtu or 3.0E-2  LEE Testing for 30 days
                                                                 lb/GWh.                  with 10 days maximum
                                                                                          per Method 30B run or
                                                                                          Hg CEMS or sorbent
                                                                                          trap monitoring system
                                                                                          only.
----------------------------------------------------------------------------------------------------------------
4. Liquid oil-fired unit--continental  a. Filterable            3.0E-2 lb/MMBtu or 3.0E- Collect a minimum of 1
 (excluding limited-use liquid oil-     particulate matter       1 lb/MWh \2\.            dscm per run.
 fired subcategory units).              (PM).
                                       OR                       OR
                                       Total HAP metals.......  8.0E-4 lb/MMBtu or 8.0E- Collect a minimum of 1
                                                                 3 lb/MWh.                dscm per run.
                                       OR                       OR
                                       Individual HAP metals:.  .......................  Collect a minimum of 1
                                                                                          dscm per run.
                                          Antimony (Sb).......  1.3E+1 lb/TBtu or 2.0E-
                                                                 1 lb/GWh.
                                          Arsenic (As)........  2.8E0 lb/TBtu or 3.0E-2
                                                                 lb/GWh.
                                          Beryllium (Be)......  2.0E-1 lb/TBtu or 2.0E-
                                                                 3 lb/GWh.
                                          Cadmium (Cd)........  3.0E-1 lb/TBtu or 2.0E-
                                                                 3 lb/GWh.
                                          Chromium (Cr).......  5.5E0 lb/TBtu or 6.0E-2
                                                                 lb/GWh.
                                          Cobalt (Co).........  2.1E+1 lb/TBtu or 3.0E-
                                                                 1 lb/GWh.
                                          Lead (Pb)...........  8.1E0 lb/TBtu or 8.0E-2
                                                                 lb/GWh.
                                          Manganese (Mn)......  2.2E+1 lb/TBtu or 3.0E-
                                                                 1 lb/GWh.
                                          Nickel (Ni).........  1.1E+2 lb/TBtu or 1.1E0
                                                                 lb/GWh.
                                          Selenium (Se).......  3.3E0 lb/TBtu or 4.0E-2
                                                                 lb/GWh.
                                          Mercury (Hg)........  2.0E-1 lb/TBtu or 2.0E-  For Method 30B sample
                                                                 3 lb/GWh.                volume determination
                                                                                          (Section 8.2.4), the
                                                                                          estimated Hg
                                                                                          concentration should
                                                                                          nominally be <\1/2\
                                                                                          the standard.
                                       b. Hydrogen chloride     2.0E-3 lb/MMBtu or 1.0E- For Method 26A, collect
                                        (HCl).                   2 lb/MWh.                a minimum of 1 dscm
                                                                                          per run; for Method
                                                                                          26, collect a minimum
                                                                                          of 120 liters per run.

[[Page 8464]]

 
                                                                                         For ASTM D6348-03 \3\
                                                                                          or Method 320, sample
                                                                                          for a minimum of 1
                                                                                          hour.
                                       c. Hydrogen fluoride     4.0E-4 lb/MMBtu or 4.0E- For Method 26A, collect
                                        (HF).                    3 lb/MWh.                a minimum of 1 dscm
                                                                                          per run; for Method
                                                                                          26, collect a minimum
                                                                                          of 120 liters per run.
                                                                                         For ASTM D6348-03 \3\
                                                                                          or Method 320, sample
                                                                                          for a minimum of 1
                                                                                          hour.
----------------------------------------------------------------------------------------------------------------
5. Liquid oil-fired unit--non-         a. Filterable            3.0E-2 lb/MMBtu or 3.0E- Collect a minimum of 1
 continental (excluding limited-use     particulate matter       1 lb/MWh \2\.            dscm per run.
 liquid oil-fired subcategory units).   (PM).
                                       OR                       OR
                                       Total HAP metals.......  6.0E-4 lb/MMBtu or 7.0E- Collect a minimum of 1
                                                                 3 lb/MWh.                dscm per run.
                                       OR                       OR
                                       Individual HAP metals:.  .......................  Collect a minimum of 2
                                                                                          dscm per run.
                                          Antimony (Sb).......  2.2E0 lb/TBtu or 2.0E-2
                                                                 lb/GWh.
                                          Arsenic (As)........  4.3E0 lb/TBtu or 8.0E-2
                                                                 lb/GWh.
                                          Beryllium (Be)......  6.0E-1 lb/TBtu or 3.0E-
                                                                 3 lb/GWh.
                                          Cadmium (Cd)........  3.0E-1 lb/TBtu or 3.0E-
                                                                 3 lb/GWh.
                                          Chromium (Cr).......  3.1E+1 lb/TBtu or 3.0E-
                                                                 1 lb/GWh.
                                          Cobalt (Co).........  1.1E+2 lb/TBtu or 1.4E0
                                                                 lb/GWh.
                                          Lead (Pb)...........  4.9E0 lb/TBtu or 8.0E-2
                                                                 lb/GWh.
                                          Manganese (Mn)......  2.0E+1 lb/TBtu or 3.0E-
                                                                 1 lb/GWh.
                                          Nickel (Ni).........  4.7E+2 lb/TBtu or 4.1E0
                                                                 lb/GWh.
                                          Selenium (Se).......  9.8E0 lb/TBtu or 2.0E-1
                                                                 lb/GWh.
                                          Mercury (Hg)........  4.0E-2 lb/TBtu or 4.0E-  For Method 30B sample
                                                                 4 lb/GWh.                volume determination
                                                                                          (Section 8.2.4), the
                                                                                          estimated Hg
                                                                                          concentration should
                                                                                          nominally be <\1/2\
                                                                                          the standard.
                                       b. Hydrogen chloride     2.0E-4 lb/MMBtu or 2.0E- For Method 26A, collect
                                        (HCl).                   3 lb/MWh.                a minimum of 1 dscm
                                                                                          per run; for Method
                                                                                          26, collect a minimum
                                                                                          of 120 liters per run.
                                                                                         For ASTM D6348-03 \3\
                                                                                          or Method 320, sample
                                                                                          for a minimum of 2
                                                                                          hours.
                                       c. Hydrogen fluoride     6.0E-5 lb/MMBtu or 5.0E- For Method 26A, collect
                                        (HF).                    4 lb/MWh.                a minimum of 3 dscm
                                                                                          per run.
                                                                                         For ASTM D6348-03 \3\
                                                                                          or Method 320, sample
                                                                                          for a minimum of 2
                                                                                          hours.
----------------------------------------------------------------------------------------------------------------
6. Solid oil-derived fuel-fired unit.  a. Filterable            8.0E-3 lb/MMBtu or 9.0E- Collect a minimum of 1
                                        particulate matter       2 lb/MWh \2\.            dscm per run.
                                        (PM).
                                       OR                       OR
                                       Total non-Hg HAP metals  4.0E-5 lb/MMBtu or 6.0E- Collect a minimum of 1
                                                                 1 lb/GWh.                dscm per run.
                                       OR                       OR
                                       Individual HAP metals:.  .......................  Collect a minimum of 3
                                                                                          dscm per run.
                                          Antimony (Sb).......  8.0E-1 lb/TBtu or 7.0E-
                                                                 3 lb/GWh.
                                          Arsenic (As)........  3.0E-1 lb/TBtu or 5.0E-
                                                                 3 lb/GWh.
                                          Beryllium (Be)......  6.0E-2 lb/TBtu or 5.0E-
                                                                 4 lb/GWh.
                                          Cadmium (Cd)........  3.0E-1 lb/TBtu or 4.0E-
                                                                 3 lb/GWh.
                                          Chromium (Cr).......  8.0E-1 lb/TBtu or 2.0E-
                                                                 2 lb/GWh.
                                          Cobalt (Co).........  1.1E0 lb/TBtu or 2.0E-2
                                                                 lb/GWh.
                                          Lead (Pb)...........  8.0E-1 lb/TBtu or 2.0E-
                                                                 2 lb/GWh.
                                          Manganese (Mn)......  2.3E0 lb/TBtu or 4.0E-2
                                                                 lb/GWh.
                                          Nickel (Ni).........  9.0E0 lb/TBtu or 2.0E-1
                                                                 lb/GWh.

[[Page 8465]]

 
                                          Selenium (Se).......  1.2E0 lb/Tbtu or 2.0E-2
                                                                 lb/GWh.
                                       b. Hydrogen chloride     5.0E-3 lb/MMBtu or 8.0E- For Method 26A, collect
                                        (HCl).                   2 lb/MWh.                a minimum of 0.75 dscm
                                                                                          per run; for Method
                                                                                          26, collect a minimum
                                                                                          of 120 liters per run.
                                                                                         For ASTM D6348-03 \3\
                                                                                          or Method 320, sample
                                                                                          for a minimum of 1
                                                                                          hour.
                                       OR
                                       Sulfur dioxide (SO2)     3.0E-1 lb/MMBtu or       SO2 CEMS.
                                        \4\.                     2.0E0 lb/MWh.
                                       c. Mercury (Hg)........  2.0E-1 lb/TBtu or 2.0E-  LEE Testing for 30 days
                                                                 3 lb/GWh.                with 10 days maximum
                                                                                          per Method 30B run or
                                                                                          Hg CEMS or Sorbent
                                                                                          trap monitoring system
                                                                                          only.
----------------------------------------------------------------------------------------------------------------
\1\ For LEE emissions testing for total PM, total HAP metals, individual HAP metals, HCl, and HF, the required
  minimum sampling volume must be increased nominally by a factor of two.
\2\ Gross output.
\3\ Incorporated by reference, see Sec.   63.14.
\4\ You may not use the alternate SO2 limit if your EGU does not have some form of FGD system and SO2 CEMS
  installed.

0
22. Revise Table 3 to subpart UUUUU of part 63 to read as follows:

      Table 3 to Subpart UUUUU of Part 63--Work Practice Standards
    [As stated in Sec.   63.9991, you must comply with the following
                  applicable work practice standards:]
------------------------------------------------------------------------
       If your EGU is . . .           You must meet the following . . .
------------------------------------------------------------------------
1. An existing EGU................  Conduct a tune-up of the EGU burner
                                     and combustion controls at least
                                     each 36 calendar months, or each 48
                                     calendar months if neural network
                                     combustion optimization software is
                                     employed, as specified in Sec.
                                     63.10021(e).
------------------------------------------------------------------------
2. A new or reconstructed EGU.....  Conduct a tune-up of the EGU burner
                                     and combustion controls at least
                                     each 36 calendar months, or each 48
                                     calendar months if neural network
                                     combustion optimization software is
                                     employed, as specified in Sec.
                                     63.10021(e).
------------------------------------------------------------------------
3. A coal-fired, liquid oil-fired   You have the option of complying
 (excluding limited-use liquid oil-  using either of the following work
 fired subcategory units), or        practice standards:
 solid oil-derived fuel-fired EGU   (1) If you choose to comply using
 during startup.                     paragraph (1) of the definition of
                                     ``startup'' in Sec.   63.10042, you
                                     must operate all CMS during
                                     startup. Startup means either the
                                     first-ever firing of fuel in a
                                     boiler for the purpose of producing
                                     electricity, or the firing of fuel
                                     in a boiler after a shutdown event
                                     for any purpose. Startup ends when
                                     any of the steam from the boiler is
                                     used to generate electricity for
                                     sale over the grid or for any other
                                     purpose (including on site use).
                                     For startup of a unit, you must use
                                     clean fuels as defined in Sec.
                                     63.10042 for ignition. Once you
                                     convert to firing coal, residual
                                     oil, or solid oil-derived fuel, you
                                     must engage all of the applicable
                                     control technologies except dry
                                     scrubber and SCR. You must start
                                     your dry scrubber and SCR systems,
                                     if present, appropriately to comply
                                     with relevant standards applicable
                                     during normal operation. You must
                                     comply with all applicable
                                     emissions limits at all times
                                     except for periods that meet the
                                     applicable definitions of startup
                                     and shutdown in this subpart. You
                                     must keep records during startup
                                     periods. You must provide reports
                                     concerning activities and startup
                                     periods, as specified in Sec.
                                     63.10011(g) and Sec.   63.10021(h)
                                     and (i).
                                       (2) If you choose to comply using
                                        paragraph (2) of the definition
                                        of ``startup'' in Sec.
                                        63.10042, you must operate all
                                        CMS during startup. You must
                                        also collect appropriate data,
                                        and you must calculate the
                                        pollutant emission rate for each
                                        hour of startup.
                                    For startup of an EGU, you must use
                                     one or a combination of the clean
                                     fuels defined in Sec.   63.10042 to
                                     the maximum extent practicable,
                                     taking into account considerations
                                     such as boiler or control device
                                     integrity, throughout the startup
                                     period. You must have sufficient
                                     clean fuel capacity to engage and
                                     operate your PM control device
                                     within one hour of adding coal,
                                     residual oil, or solid oil-derived
                                     fuel to the unit. You must meet the
                                     startup period work practice
                                     requirements as identified in Sec.
                                      63.10020(e).
                                    Once you start firing coal, residual
                                     oil, or solid oil-derived fuel, you
                                     must vent emissions to the main
                                     stack(s). You must comply with the
                                     applicable emission limits within 4
                                     hours of start of electricity
                                     generation. You must engage and
                                     operate your particulate matter
                                     control(s) within 1 hour of first
                                     firing of coal, residual oil, or
                                     solid oil-derived fuel.
                                    You must start all other applicable
                                     control devices as expeditiously as
                                     possible, considering safety and
                                     manufacturer/supplier
                                     recommendations, but, in any case,
                                     when necessary to comply with other
                                     standards made applicable to the
                                     EGU by a permit limit or a rule
                                     other than this Subpart that
                                     require operation of the control
                                     devices.

[[Page 8466]]

 
                                    Relative to the syngas not fired in
                                     the combustion turbine of an IGCC
                                     EGU during startup, you must
                                     either: (1) Flare the syngas, or
                                     (2) route the syngas to duct
                                     burners, which may need to be
                                     installed, and route the flue gas
                                     from the duct burners to the heat
                                     recovery steam generator.
                                    You must collect monitoring data
                                     during startup periods, as
                                     specified in Sec.   63.10020(a) and
                                     (e). You must keep records during
                                     startup periods, as provided in
                                     Sec.  Sec.   63.10032 and
                                     63.10021(h). Any fraction of an
                                     hour in which startup occurs
                                     constitutes a full hour of startup.
                                     You must provide reports concerning
                                     activities and startup periods, as
                                     specified in Sec.  Sec.
                                     63.10011(g), 63.10021(i), and
                                     63.10031.
------------------------------------------------------------------------
4. A coal-fired, liquid oil-fired   You must operate all CMS during
 (excluding limited-use liquid oil-  shutdown. You must also collect
 fired subcategory units), or        appropriate data, and you must
 solid oil-derived fuel-fired EGU    calculate the pollutant emission
 during shutdown.                    rate for each hour of shutdown.
                                    While firing coal, residual oil, or
                                     solid oil-derived fuel during
                                     shutdown, you must vent emissions
                                     to the main stack(s) and operate
                                     all applicable control devices and
                                     continue to operate those control
                                     devices after the cessation of
                                     coal, residual oil, or solid oil-
                                     derived fuel being fed into the EGU
                                     and for as long as possible
                                     thereafter considering operational
                                     and safety concerns. In any case,
                                     you must operate your controls when
                                     necessary to comply with other
                                     standards made applicable to the
                                     EGU by a permit limit or a rule
                                     other than this Subpart and that
                                     require operation of the control
                                     devices.
                                    If, in addition to the fuel used
                                     prior to initiation of shutdown,
                                     another fuel must be used to
                                     support the shutdown process, that
                                     additional fuel must be one or a
                                     combination of the clean fuels
                                     defined in Sec.   63.10042 and must
                                     be used to the maximum extent
                                     practicable.
                                    Relative to the syngas not fired in
                                     the combustion turbine of an IGCC
                                     EGU during shutdown, you must
                                     either: (1) Flare the syngas, or
                                     (2) route the syngas to duct
                                     burners, which may need to be
                                     installed, and route the flue gas
                                     from the duct burners to the heat
                                     recovery steam generator.
                                    You must comply with all applicable
                                     emission limits at all times except
                                     during startup periods and shutdown
                                     periods at which time you must meet
                                     this work practice. You must
                                     collect monitoring data during
                                     shutdown periods, as specified in
                                     Sec.   63.10020(a). You must keep
                                     records during shutdown periods, as
                                     provided in Sec.  Sec.   63.10032
                                     and 63.10021(h). Any fraction of an
                                     hour in which shutdown occurs
                                     constitutes a full hour of
                                     shutdown. You must provide reports
                                     concerning activities and shutdown
                                     periods, as specified in Sec.  Sec.
                                       63.10011(g), 63.10021(i), and
                                     63.10031.
------------------------------------------------------------------------

0
23. Revise Table 4 to subpart UUUUU of part 63 to read as follows:

     Table 4 to Subpart UUUUU of Part 63--Operating Limits for EGUs
    [As stated in Sec.   63.9991, you must comply with the applicable
                           operating limits:]
------------------------------------------------------------------------
   If you demonstrate compliance    You must meet these operating limits
            using . . .                             . . .
------------------------------------------------------------------------
PM CPMS...........................  Maintain the 30-boiler operating day
                                     rolling average PM CPMS output
                                     determined in accordance with the
                                     requirements of Sec.
                                     63.10023(b)(2) and obtained during
                                     the most recent performance test
                                     run demonstrating compliance with
                                     the filterable PM, total non-
                                     mercury HAP metals (total HAP
                                     metals, for liquid oil-fired
                                     units), or individual non-mercury
                                     HAP metals (individual HAP metals
                                     including Hg, for liquid oil-fired
                                     units) emissions limitation(s).
------------------------------------------------------------------------

0
24. Revise Table 5 to subpart UUUUU of part 63 to read as follows:

[[Page 8467]]

[GRAPHIC] [TIFF OMITTED] TP17FE15.006


[[Page 8468]]


[GRAPHIC] [TIFF OMITTED] TP17FE15.007


[[Page 8469]]


[GRAPHIC] [TIFF OMITTED] TP17FE15.008


[[Page 8470]]


[GRAPHIC] [TIFF OMITTED] TP17FE15.009


[[Page 8471]]


[GRAPHIC] [TIFF OMITTED] TP17FE15.010


[[Page 8472]]


[GRAPHIC] [TIFF OMITTED] TP17FE15.011


[[Page 8473]]


[GRAPHIC] [TIFF OMITTED] TP17FE15.012


[[Page 8474]]


[GRAPHIC] [TIFF OMITTED] TP17FE15.013


[[Page 8475]]


[GRAPHIC] [TIFF OMITTED] TP17FE15.014


[[Page 8476]]


[GRAPHIC] [TIFF OMITTED] TP17FE15.015


[[Page 8477]]


[GRAPHIC] [TIFF OMITTED] TP17FE15.016


[[Page 8478]]


[GRAPHIC] [TIFF OMITTED] TP17FE15.017

0
25. Revise Table 6 to subpart UUUUU of part 63 to read as follows:

[[Page 8479]]



                   Table 6 to Subpart UUUUU of Part 63--Establishing PM CPMS Operating Limits
    [As stated in Sec.   63.10007, you must comply with the following requirements for establishing operating
                                                    limits:]
----------------------------------------------------------------------------------------------------------------
                                    And you choose to
  If you have an applicable         establish PM CPMS                                           According to the
   emission limit for . . .    operating limits, you must      And . . .         Using . . .        following
                                          . . .                                                 procedures . . .
----------------------------------------------------------------------------------------------------------------
Filterable Particulate matter  Install, certify,           Establish a site-  Data from the PM  1. Collect PM
 (PM), total non-mercury HAP    maintain, and operate a     specific           CPMS and the PM   CPMS output
 metals, individual non-        PM CPMS for monitoring      operating limit    or HAP metals     data during the
 mercury HAP metals, total      emissions discharged to     in units of PM     performance       entire period
 HAP metals, or individual      the atmosphere according    CPMS output        tests.            of the
 HAP metals for an EGU.         to Sec.   63.10010(h)(1).   signal (e.g.,                        performance
                                                            milliamps, mg/                       tests.
                                                            acm, or other                       2. Record the
                                                            raw signal).                         average hourly
                                                                                                 PM CPMS output
                                                                                                 for each test
                                                                                                 run in the
                                                                                                 performance
                                                                                                 test.
                                                                                                3. Determine the
                                                                                                 PM CPMS
                                                                                                 operating limit
                                                                                                 in accordance
                                                                                                 with the
                                                                                                 requirements of
                                                                                                 Sec.
                                                                                                 63.10023(b)(2)
                                                                                                 from data
                                                                                                 obtained during
                                                                                                 the performance
                                                                                                 test
                                                                                                 demonstrating
                                                                                                 compliance with
                                                                                                 the filterable
                                                                                                 PM or HAP
                                                                                                 metals
                                                                                                 emissions
                                                                                                 limitations.
----------------------------------------------------------------------------------------------------------------

0
26. Revise Table 8 to subpart UUUUU of part 63 to read as follows:

       Table 8 to Subpart UUUUU of Part 63--Reporting Requirements
    [As stated in Sec.   63.10031, you must comply with the following
                       requirements for reports:]
------------------------------------------------------------------------
                                    The report must      You must submit
       You must submit a             contain . . .      the report . . .
------------------------------------------------------------------------
1. Compliance report..........  a. Information          Semiannually
                                 required in Sec.        according to
                                 63.10031(c)(1)          the
                                 through (6); and        requirements in
                                                         Sec.
                                                         63.10031(b).
                                b. If there are no
                                 deviations from any
                                 emission limitation
                                 (emission limit and
                                 operating limit) that
                                 applies to you and
                                 there are no
                                 deviations from the
                                 requirements for work
                                 practice standards in
                                 Table 3 to this
                                 subpart that apply to
                                 you, a statement that
                                 there were no
                                 deviations from the
                                 emission limitations
                                 and work practice
                                 standards during the
                                 reporting period. If
                                 there were no periods
                                 during which the
                                 CMSs, including
                                 continuous emissions
                                 monitoring system,
                                 and operating
                                 parameter monitoring
                                 systems, were out-of-
                                 control as specified
                                 in Sec.   63.8(c)(7),
                                 a statement that
                                 there were no periods
                                 during which the CMSs
                                 were out-of-control
                                 during the reporting
                                 period; and
                                c. If you have a
                                 deviation from any
                                 emission limitation
                                 (emission limit and
                                 operating limit) or
                                 work practice
                                 standard during the
                                 reporting period, the
                                 report must contain
                                 the information in
                                 Sec.   63.10031(d).
                                 If there were periods
                                 during which the
                                 CMSs, including
                                 continuous emissions
                                 monitoring systems
                                 and continuous
                                 parameter monitoring
                                 systems, were out-of-
                                 control, as specified
                                 in Sec.   63.8(c)(7),
                                 the report must
                                 contain the
                                 information in Sec.
                                 63.10031(e).
------------------------------------------------------------------------

0
27. Revise Table 9 to subpart UUUUU of part 63 to read as follows:

Table 9 to Subpart UUUUU of Part 63--Applicability of General Provisions
                            to Subpart UUUUU
   [As stated in Sec.   63.10040, you must comply with the applicable
             General Provisions according to the following:]
------------------------------------------------------------------------
                                                     Applies to subpart
          Citation                   Subject                UUUUU
------------------------------------------------------------------------
Sec.   63.1.................  Applicability.......  Yes.
Sec.   63.2.................  Definitions.........  Yes. Additional
                                                     terms defined in
                                                     Sec.   63.10042.
Sec.   63.3.................  Units and             Yes.
                               Abbreviations.
Sec.   63.4.................  Prohibited            Yes.
                               Activities and
                               Circumvention.
Sec.   63.5.................  Preconstruction       Yes.
                               Review and
                               Notification
                               Requirements.

[[Page 8480]]

 
Sec.   63.6(a), (b)(1)        Compliance with       Yes.
 through (5), (b)(7), (c),     Standards and
 (f)(2) and (3), (h)(2)        Maintenance
 through (9), (i), (j).        Requirements.
Sec.   63.6(e)(1)(i)........  General Duty to       No. See Sec.
                               minimize emissions.   63.10000(b) for
                                                     general duty
                                                     requirement.
Sec.   63.6(e)(1)(ii).......  Requirement to        No.
                               correct
                               malfunctions ASAP.
Sec.   63.6(e)(3)...........  SSM Plan              No.
                               requirements.
Sec.   63.6(f)(1)...........  SSM exemption.......  No.
Sec.   63.6(h)(1)...........  SSM exemption.......  No.
Sec.   63.6(g)..............  Compliance with       Yes. See Sec.  Sec.
                               Standards and          63.10011(g)(4) and
                               Maintenance           63.10021(h)(4) for
                               Requirements, Use     additional
                               of an alternative     requirements.
                               non-opacity
                               emission standard.
Sec.   63.7(e)(1)...........  Performance testing.  No. See Sec.
                                                     63.10007.
Sec.   63.8.................  Monitoring            Yes.
                               Requirements.
Sec.   63.8(c)(1)(i)........  General duty to       No. See Sec.
                               minimize emissions    63.10000(b) for
                               and CMS operation.    general duty
                                                     requirement.
Sec.   63.8(c)(1)(iii)......  Requirement to        No.
                               develop SSM Plan
                               for CMS.
Sec.   63.8(d)(3)...........  Written procedures    Yes, except for last
                               for CMS.              sentence, which
                                                     refers to an SSM
                                                     plan. SSM plans are
                                                     not required.
Sec.   63.9.................  Notification          Yes, except for the
                               Requirements.         60-day notification
                                                     prior to conducting
                                                     a performance test
                                                     in Sec.   63.9(d);
                                                     instead use a 30-
                                                     day notification
                                                     period per Sec.
                                                     63.10030(d).
Sec.   63.10(a), (b)(1),      Recordkeeping and     Yes, except for the
 (c), (d)(1) and--(2), (e),    Reporting             requirements to
 and (f).                      Requirements.         submit written
                                                     reports under Sec.
                                                      63.10(e)(3)(v).
Sec.   63.10(b)(2)(i).......  Recordkeeping of      No.
                               occurrence and
                               duration of
                               startups and
                               shutdowns.
Sec.   63.10(b)(2)(ii)......  Recordkeeping of      No. See Sec.
                               malfunctions.         63.10001 for
                                                     recordkeeping of
                                                     (1) occurrence and
                                                     duration and (2)
                                                     actions taken
                                                     during malfunction.
Sec.   63.10(b)(2)(iii).....  Maintenance records.  Yes.
Sec.   63.10(b)(2)(iv)......  Actions taken to      No.
                               minimize emissions
                               during SSM.
Sec.   63.10(b)(2)(v).......  Actions taken to      No.
                               minimize emissions
                               during SSM.
Sec.   63.10(b)(2)(vi)......  Recordkeeping for     Yes.
                               CMS malfunctions.
Sec.   63.10(b)(2)(vii)       Other CMS             Yes.
 through--(ix).                requirements.
Sec.   63.10(b)(3),and        ....................  No.
 (d)(3) through--(5).
Sec.   63.10(c)(7)..........  Additional            Yes.
                               recordkeeping
                               requirements for
                               CMS--identifying
                               exceedances and
                               excess emissions.
Sec.   63.10(c)(8)..........  Additional            Yes.
                               recordkeeping
                               requirements for
                               CMS--identifying
                               exceedances and
                               excess emissions.
Sec.   63.10(c)(10).........  Recording nature and  No. See Sec.
                               cause of              63.10032(g) and (h)
                               malfunctions.         for malfunctions
                                                     recordkeeping
                                                     requirements.
Sec.   63.10(c)(11).........  Recording corrective  No. See Sec.
                               actions.              63.10032(g) and (h)
                                                     for malfunctions
                                                     recordkeeping
                                                     requirements.
Sec.   63.10(c)(15).........  Use of SSM Plan.....  No.
Sec.   63.10(d)(5)..........  SSM reports.........  No. See Sec.
                                                     63.10021(h) and (i)
                                                     for malfunction
                                                     reporting
                                                     requirements.
Sec.   63.11................  Control Device        No.
                               Requirements.
Sec.   63.12................  State Authority and   Yes.
                               Delegation.
Sec.  Sec.   63.13 through--  Addresses,            Yes.
 63.16.                        Incorporation by
                               Reference,
                               Availability of
                               Information,
                               Performance Track
                               Provisions.
Sec.  Sec.                    Reserved............  No.
 63.1(a)(5),(a)(7) through--
 (9), (b)(2), (c)(3) and--
 (4), (d), 63.6(b)(6),
 (c)(3) and ), (c)(4), (d),
 (e)(2), (e)(3)(ii), (h)(3),
 (h)(5)(iv), 63.8(a)(3),
 63.9(b)(3), (h)(4),
 63.10(c)(2) through--(4),
 (c)(9).
------------------------------------------------------------------------

0
28. Appendix A to subpart UUUUU of part 63 is amended by:
0
a. Revising paragraph 3.2.1.2.1;
0
b. Revising paragraphs 4.1.1.1, 4.1.1.3, 4.1.1.5, and 4.1.1.5.2;
0
c. Revising Tables A-1 and A-2;
0
d. Revising paragraphs 5.1.2.1, 5.1.2.3, and 5.2.1; and
0
e. Adding paragraph 6.2.2.3 and 7.1.2.6.
    The revisions and additions to read as follows:

Appendix A to Subpart UUUUU of Part 63--Hg Monitoring Provisions

* * * * *

3. Mercury Emissions Measurement Methods

* * * * *

[[Page 8481]]

    3.2.1.2.1 NIST Traceability. Only NIST-certified or NIST-
traceable calibration gas standards and reagents (as defined in 
paragraphs 3.1.4 and 3.1.5 of this appendix), and including, but not 
limited to, Hg gas generators and Hg gas cylinders, shall be used 
for the tests and procedures required under this subpart. 
Calibration gases with known concentrations of Hg\0\ and 
HgCl<INF>2</INF> are required. Special reagents and equipment may be 
needed to prepare the Hg\0\ and HgCl<INF>2</INF> gas standards 
(e.g., NIST-traceable solutions of HgCl<INF>2</INF> and gas 
generators equipped with mass flow controllers).
* * * * *

4. Certification and Recertification Requirements

* * * * *
    4.1.1.1 7-Day Calibration Error Test. Perform the 7-day 
calibration error test on 7 consecutive source operating days, using 
a zero-level gas and either a high-level or a mid-level calibration 
gas standard (as defined in sections 3.1.8, 3.1.10, and 3.1.11 of 
this appendix). Use a NIST-traceable elemental Hg gas standard (as 
defined in section 3.1.4 of this appendix) for the test. If moisture 
and/or chlorine is added to the calibration gas, the dilution effect 
of the moisture and/or chlorine addition on the calibration gas 
concentration must be accounted for in an appropriate manner. 
Operate the Hg CEMS in its normal sampling mode during the test. The 
calibrations should be approximately 24 hours apart, unless the 7-
day test is performed over non-consecutive calendar days. On each 
day of the test, inject the zero-level and upscale gases in sequence 
and record the analyzer responses. Pass the calibration gas through 
all filters, scrubbers, conditioners, and other monitor components 
used during normal sampling, and through as much of the sampling 
probe as is practical. Do not make any manual adjustments to the 
monitor (i.e., resetting the calibration) until after taking 
measurements at both the zero and upscale concentration levels. If 
automatic adjustments are made following both injections, conduct 
the calibration error test such that the magnitude of the 
adjustments can be determined, and use only the unadjusted analyzer 
responses in the calculations. Calculate the calibration error (CE) 
on each day of the test, as described in Table A-1 of this appendix. 
The CE on each day of the test must either meet the main performance 
specification or the alternative specification in Table A-1 of this 
appendix.
* * * * *
    4.1.1.3 Three-Level System Integrity Check. Perform the 3-level 
system integrity check using low, mid, and high-level calibration 
gas concentrations generated by a NIST-traceable source of oxidized 
Hg. Follow the same basic procedure as for the linearity check. If 
moisture and/or chlorine is added to the calibration gas, the 
dilution effect of the moisture and/or chlorine addition on the 
calibration gas concentration must be accounted for in an 
appropriate manner. Calculate the system integrity error (SIE), as 
described in Table A-1 of this appendix. The SIE must either meet 
the main performance specification or the alternative specification 
in Table A-1 of this appendix.
* * * * *
    4.1.1.5 Relative Accuracy Test Audit (RATA). Perform the RATA of 
the Hg CEMS at normal load. Acceptable Hg reference methods for the 
RATA include ASTM D6784-02 (Reapproved 2008), ``Standard Test Method 
for Elemental, Oxidized, Particle-Bound and Total Mercury in Flue 
Gas Generated from Coal-Fired Stationary Sources (Ontario Hydro 
Method)'' (incorporated by reference, see Sec.  63.14) and Methods 
29, 30A, and 30B in appendix A-8 to part 60 of this chapter. When 
Method 29 or ASTM D6784-02 is used, paired sampling trains are 
required and the filterable portion of the sample need not be 
included when making comparisons to the Hg CEMS results for purposes 
of a RATA. To validate a Method 29 or ASTM D6784-02 test run, 
calculate the relative deviation (RD) using Equation A-1 of this 
section, and assess the results as follows to validate the run. The 
RD must not exceed 10 percent, when the average Hg concentration is 
greater than 1.0 [micro]g/dscm. If the RD specification is met, the 
results of the two samples shall be averaged arithmetically.
[GRAPHIC] [TIFF OMITTED] TP17FE15.018

Where:

RD = Relative Deviation between the Hg concentrations of samples 
``a'' and ``b'' (percent),
C<INF>a</INF> = Hg concentration of Hg sample ``a'' ([micro]g/dscm), 
and
C<INF>b</INF> = Hg concentration of Hg sample ``b'' ([micro]g/dscm).
* * * * *
    4.1.1.5.2 Calculation of RATA Results. Calculate the relative 
accuracy (RA) of the monitoring system, on a [micro]g/scm basis, as 
described in section 12 of Performance Specification (PS) 2 in 
Appendix B to part 60 of this chapter (see Equations 2-3 through 2-6 
of PS2) including the option to substitute the emission limit value 
(in this case the equivalent concentration) in the denominator of 
Equation 2-6 in place of the average RM value when the average 
emissions for the test are less than 50 percent of the applicable 
emissions limit. For purposes of calculating the relative accuracy, 
ensure that the reference method and monitoring system data are on a 
consistent basis, either wet or dry. The CEMS must either meet the 
main performance specification or the alternative specification in 
Table A-1 of this appendix.
* * * * *

               Table A-1--Required Certification Tests and Performance Specifications for Hg CEMS
----------------------------------------------------------------------------------------------------------------
                                                                     The alternate
 For this required certification test    The main performance         performance         And the conditions of
                . . .                   specification \1\ is .   specification \1\ is .       the  alternate
                                                 . .                      . .            specification are . . .
----------------------------------------------------------------------------------------------------------------
7-day calibration error test \2\.....  [verbar]R - A[verbar]    [verbar]R - A[verbar]    The alternate
                                        <=5.0% of span value,    <=1.0 [mu]g/scm.         specification may be
                                        for both the zero and                             used on any day of the
                                        upscale gases, on each                            test.
                                        of the 7 days.
Linearity check \3\..................  [verbar]R - Aavg         [verbar]R - Aavg         The alternate
                                        [verbar] <=10.0% of      [verbar] <=0.8 [mu]g/    specification may be
                                        the reference gas        scm.                     used at any gas level.
                                        concentration at each
                                        calibration gas level
                                        (low, mid, or high).
3-level system integrity check \4\...  [verbar]R - Aavg         [verbar]R - Aavg         The alternate
                                        [verbar] <=10.0% of      [verbar] <=0.8 [mu]g/    specification may be
                                        the reference gas        scm.                     used at any gas level.
                                        concentration at each
                                        calibration gas level.
RATA.................................  20.0% RA...............  <=10% RA when            RMavg <50% of
                                                                 concentration            applicable emissions
                                                                 equivalent of            limit.
                                                                 applicable emissions
                                                                 limit is used in place
                                                                 of RMavg in Equation 2-
                                                                 6 of PS2 (see Section
                                                                 4.1.1.5.2 of this
                                                                 appendix).

[[Page 8482]]

 
Cycle time test \2\..................  15 minutes where the
                                        stability criteria are
                                        readings change by
                                        <2.0% of span or by
                                        <=0.5 [mu]g/scm, for 2
                                        minutes.
----------------------------------------------------------------------------------------------------------------
\1\ Note that [verbar]R - A[verbar] is the absolute value of the difference between the reference gas value and
  the analyzer reading. [verbar]R - Aavg[verbar] is the absolute value of the difference between the reference
  gas concentration and the average of the analyzer responses, at a particular gas level.
\2\ Use elemental Hg standards; a mid-level or high-level upscale gas may be used. The cycle time test is not
  required for Hg CEMS that use integrated batch sampling; however, those monitors must be capable of recording
  at least one Hg concentration reading every 15 minutes.
\3\ Use elemental Hg standards.
\4\ Use oxidized Hg standards.

* * * * *

5. Ongoing Quality Assurance (QA) and Data Validation

* * * * *

                              Table A-2--On-Going QA Test Requirements for Hg CEMS
----------------------------------------------------------------------------------------------------------------
                                                                       With these
  Perform this type of QA test . . .   At this frequency . . .     qualifications and    Acceptance criteria . .
                                                                    exceptions . . .                .
----------------------------------------------------------------------------------------------------------------
Calibration error test...............  Daily..................  <bullet> Use either a    [verbar]R - A[verbar]
                                                                 mid- or high-level gas.  <=5.0% of span value
                                                                <bullet> Use elemental   or
                                                                 Hg.                     [verbar]R - A[verbar]
                                                                <bullet> Calibrations     <=1.0 [mu]g/scm.
                                                                 are not required when
                                                                 the unit is not in
                                                                 operation.
Single-level system integrity check..  Weekly \1\.............  <bullet> Use oxidized    [verbar]Rn -
                                                                 Hg--either mid- or       Aavg[verbar] <=10.0%
                                                                 high-level.              of the reference gas
                                                                                          value
                                                                                         or
                                                                                         [verbar]R -
                                                                                          Aavg[verbar] <=0.8
                                                                                          [mu]g/scm.
Linearity check or 3-level system      Quarterly \3\..........  <bullet> Required in     [verbar]R - Aavg
 integrity check.                                                each ``QA operating      [verbar] <=10.0% of
                                                                 quarter'' \2\ and no     the reference gas
                                                                 less than once every 4   value, at each
                                                                 calendar quarters.       calibration gas level
                                                                <bullet> 168 operating    or [verbar]R -
                                                                 hour grace period        Aavg[verbar] <=0.8
                                                                 available.               [mu]g/scm.
                                                                <bullet> Use elemental
                                                                 Hg for linearity check.
                                                                <bullet> Use oxidized
                                                                 Hg for system
                                                                 integrity check.
RATA.................................  Annual \4\.............  <bullet> Test deadline   <=20.0% RA when Cavg
                                                                 may be extended for      >=50% of the emissions
                                                                 ``non-QA operating       limit
                                                                 quarters,'' up to a     or
                                                                 maximum of 8 quarters   <=10.0% RA when Cavg
                                                                 from the quarter of      <50% of the emissions
                                                                 the previous test.       limit and the
                                                                <bullet> 720 operating    concentration
                                                                 hour grace period        equivalent of the
                                                                 available.               applicable emission
                                                                                          limit is used in the
                                                                                          denominator of
                                                                                          Equation 2-6 of PS2
                                                                                          (see Section 4.1.1.5.1
                                                                                          of this appendix).
----------------------------------------------------------------------------------------------------------------
\1\ ``Weekly'' means once every 7 operating days.
\2\ A ``QA operating quarter'' is a calendar quarter with at least 168 unit or stack operating hours.
\3\ ``Quarterly'' means once every QA operating quarter.
\4\ ``Annual'' means once every four QA operating quarters.

* * * * *
    5.1.2.1 Calibration error tests of the Hg CEMS are required 
daily, except during unit outages. Use a NIST-traceable elemental Hg 
gas standard for these calibrations. Both a zero-level gas and 
either a mid-level or high-level gas are required for these 
calibrations.
* * * * *
    5.1.2.3 Perform a single-level system integrity check weekly, 
i.e., once every 7 operating days (see the third column in Table A-2 
of this appendix).
* * * * *
    5.2.1 Each sorbent trap monitoring system shall be continuously 
operated and maintained in accordance with Performance Specification 
(PS) 12B in appendix B to part 60 of this chapter. The QA/QC 
criteria for routine operation of the system are summarized in Table 
12B-1 of PS 12B. Each pair of sorbent traps may be used to sample 
the stack gas for up to 15 operating days.
* * * * *

6. Data Reductions and Calculations

* * * * *
    6.2.2.3 The applicable gross output-based Hg emission rate limit 
in Table 1 or 2 to this subpart must be met on a 30- (or 90-) boiler 
operating day rolling average basis, except as otherwise provided in 
Sec.  63.10009(a)(2). Use Equation A-5 of this appendix to calculate 
the Hg emission rate for each averaging period.
[GRAPHIC] [TIFF OMITTED] TP17FE15.019

Where:


[[Page 8483]]


Eo = Hg emission rate for the averaging period (lb/GWh),
E<INF>ho</INF> = Gross output-based hourly Hg emission rate for unit 
or stack sampling hour ``h'' in the averaging period, from Equation 
A-4 of this appendix (lb/GWh), and
n = Number of unit or stack operating hours in the averaging period 
in which valid data were obtained for all parameters.
(Note: Do not include non-operating hours with zero emission rates 
in the average).
* * * * *

7. Recordkeeping and Reporting

* * * * *
    7.1.2.6 The EGUs that constitute an emissions averaging group.
* * * * *
0
29. Appendix B to subpart UUUUU of part 63 is amended by:
0
a. Revising paragraph 2.1 and 2.3;
0
b. Adding paragraphs 2.3.1 and 2.3.2;
0
c. Revising paragraphs 3.1 and 3.2 and adding paragraph 3.3;
0
d. Adding introductory text to section 5. On-Going Quality Assurance 
Requirements;
0
e. Revising paragraphs 5.1, 5.2, and 5.3;
0
f. Adding paragraphs 5.4, 5.4.1, 5.4.2, 5.4.2.1, 5.4.2.2, 5.4.2.2.1, 
5.4.2.2.2, 5.4.2.3, 5.4.2.3.1, 5.4.2.3.2, 5.4.2.3.3, and 5.4.3;
0
g. Revising section 8. introductory text;
0
h. Revising paragraphs 10.1.8, 10.1.8.1, 10.1.8.1.1, and 10.1.8.1.2, 
adding paragraph 10.1.8.1.2.1, and adding and reserving paragraph 
10.1.8.1.2.2;
0
i. Revising paragraph 10.1.8.1.3;
0
j. Revising paragraphs 11.4 and 11.4.2 and removing and reserving 
paragraphs 11.4.2.1 through 11.4.2.13;
0
k. Revising paragraphs 11.4.3 and 11.4.3.1 through 11.4.3.13;
0
l. Revising paragraph 11.4.4 and adding and reserving paragraph 
11.4.4.1;
0
m. Adding paragraph 11.4.5 and adding and reserving paragraph 11.4.5.1;
0
n. Adding paragraph 11.4.6 and adding and reserving paragraph 11.4.6.1;
0
o. Adding paragraphs 11.4.7, 11.4.7.1 through 11.4.7.13;
0
p. Revising paragraph 11.4.8 and
0
q. Revising paragraph 11.5.3.4.
0
The revisions and additions read as follows:

Appendix B to Subpart UUUUU of Part 63--HC<INF>L</INF> and HF 
Monitoring Provisions

* * * * *

2. Monitoring of HC<INF>L</INF> and/or HF Emissions

* * * * *
    2.1 Monitoring System Installation Requirements. Install HCl 
and/or HF CEMS and any additional monitoring systems needed to 
convert pollutant concentrations to units of the applicable 
emissions limit in accordance with Performance Specification 15 (PS 
15) of appendix B to part 60 of this chapter for extractive Fourier 
Transform Infrared Spectroscopy (FTIR) continuous emissions 
monitoring systems and Sec.  63.10010(a) or Performance 
Specification 18 (PS 18) of appendix B to part 60 of this chapter 
for HCl CEMS and Sec.  63.10010(a).
* * * * *
    2.3 FTIR Monitoring System Equipment, Supplies, Definitions, and 
General Operation. The following provisions apply:
    2.3.1 PS 15, Sections 2.0, 3.0, 4.0, 5.0, 6.0, and 10.0 of 
appendix B to part 60 of this chapter, or
    2.3.2 PS 18, Sections 3.0, 6.0, and 11.0 of appendix B to part 
60 of this chapter.

3. Initial Certification Procedures

* * * * *
    3.1 If you choose to follow Performance Specification 15 (PS 15) 
of appendix B to part 60 of this chapter, then your HCl and/or HF 
CEMS must be certified according to PS 15 using the procedures for 
gas auditing and comparison to a reference method (RM) as specified 
in sections 3.1.1 and 3.1.2 below.
* * * * *
    3.2 If you choose to follow Performance Specification 18 (PS 18) 
of appendix B to part 60 of this chapter, then your HCl and/or HF 
CEMS must be certified according to PS 18, sections 7.0, 8.0, 11.0, 
12.0, and 13.0.
    3.3 Any additional stack gas flow rate, diluent gas, and 
moisture monitoring system(s) needed to express pollutant 
concentrations in units of the applicable emissions limit must be 
certified according to part 75 of this chapter.
* * * * *

5. On-Going Quality Assurance Requirements

    On-going QA test requirements for HCl and HF CEMS must be 
implemented as follows:
    5.1 If you choose to follow Performance Specification 15 (PS 15) 
of appendix B to part 60 of this chapter, then the quality 
assurance/quality control procedures of PS 15 shall apply as set 
forth in sections 5.1.1 through 5.1.3 and 5.3.2 of this appendix.
* * * * *
    5.2 If you choose to follow Performance Specification PS 18 of 
appendix B to part 60 of this chapter, then the quality assurance/
quality control procedures of Procedure 6 of 40 CFR part 60, 
appendix F shall apply.
    5.3 Stack gas flow rate, diluent gas, and moisture monitoring 
systems must meet the applicable on-going QA test requirements of 
part 75 of this chapter.
* * * * *
    5.4 Data Validation.
    5.4.1 Out-of-Control Periods. An HCl or HF CEMS that is used to 
provide data under this appendix is considered to be out-of-control, 
and data from the CEMS may not be reported as quality-assured, when 
any acceptance criteria for a required QA test is not met. The HCl 
or HF CEMS is also considered to be out-of-control when a required 
QA test is not performed on schedule or within an allotted grace 
period. To end an out-of-control period, the QA test that was either 
failed or not done on time must be performed and passed. Out-of-
control periods are counted as hours of monitoring system downtime.
    5.4.2 Grace Periods. For the purposes of this appendix, a 
``grace period'' is defined as a specified number of unit or stack 
operating hours after the deadline for a required quality-assurance 
test of a continuous monitor has passed, in which the test may be 
performed and passed without loss of data.
    5.4.2.1 For the flow rate, diluent gas, and moisture monitoring 
systems described in section 5.3 of this appendix, a 168 unit or 
stack operating hour grace period is available for quarterly 
linearity checks, and a 720 unit or stack operating hour grace 
period is available for RATAs, as provided, respectively, in 
sections 2.2.4 and 2.3.3 of appendix B to part 75 of this chapter.
    5.4.2.2 For the purposes of this appendix, if the deadline for a 
required gas audit/data accuracy assessment or RATA of an HCl or HF 
CEMS cannot be met due to circumstances beyond the control of the 
owner or operator:
    5.4.2.2.1 A 168 unit or stack operating hour grace period is 
available in which to perform the gas audit/data accuracy 
assessment; or
    5.4.2.2.2 A 720 unit or stack operating hour grace period is 
available in which to perform the RATA.
    5.4.2.3 If a required QA test is performed during a grace 
period, the deadline for the next test shall be determined as 
follows:
    5.4.2.3.1 For a gas audit or RATA of the monitoring systems 
required under in section 5.3 of this appendix, determine the 
deadline for the next gas audit or RATA (as applicable) in 
accordance with section 2.2.4(b) or 2.3.3(d) of appendix B to part 
75 of this chapter; treat a gas audit in the same manner as a 
linearity check.
    5.4.2.3.2 For the gas audit/data accuracy assessment of an HCl 
or HF CEMS, the grace period test only satisfies the audit 
requirement for the calendar quarter in which the test was 
originally due. If the calendar quarter in which the grace period 
audit is performed is a QA operating quarter, an additional gas 
audit/data accuracy assessment is required for that quarter.
    5.4.2.3.3 For the RATA of an HCl or HF CEMS, the next RATA is 
due within three QA operating quarters after the calendar quarter in 
which the grace period test is performed.
    5.4.3 Conditional Data Validation. For recertification and 
diagnostic testing of the monitoring systems that are used to 
provide data under this appendix, and for the required QA tests when 
non-redundant backup monitoring systems or temporary like-kind 
replacement analyzers are brought into service, the conditional data 
validation provisions in Sec.  75.20(b)(3)(ii) through (ix) of this 
chapter may be used to avoid or minimize data loss. The allotted 
window of time to complete calibration tests and RATAs shall be as 
specified in Sec.  75.20(b)(3)(iv) of this chapter; the allotted 
window of time to complete a gas audit or data accuracy assessment 
shall be the same as for a linearity check (i.e., 168 unit or stack 
operating hours).
* * * * *

[[Page 8484]]

8. QA/QC Program Requirements

    The owner or operator shall develop and implement a quality 
assurance/quality control (QA/QC) program for the HCl and/or HF CEMS 
that are used to provide data under this subpart. At a minimum, the 
program shall include a written plan that describes in detail (or 
that refers to separate documents containing) complete, step-by-step 
procedures and operations for the most important QA/QC activities. 
Electronic storage of the QA/QC plan is permissible, provided that 
the information can be made available in hard copy to auditors and 
inspectors. The QA/QC program requirements for the other monitoring 
systems described in paragraph 5.3 of this appendix are specified in 
section 1 of appendix B to part 75 of this chapter.
* * * * *

10. Recordkeeping Requirements

* * * * *
    10.1.8 Certification and Quality Assurance Test Records. For the 
HCl and/or HF CEMS used to provide data under this subpart at each 
affected unit (or group of units monitored at a common stack), 
record the following information for all required certification, 
recertification, diagnostic, and quality-assurance tests:
    10.1.8.1 HCl and HF CEMS.
    10.1.8.1.1 For all required daily calibrations and checks 
(including calibration transfer standard tests) of the HCl or HF 
CEMS, record the test dates and times, reference values and their 
certification information, action levels for integrated path HCl 
CEMS, HCl or HF monitor responses, and calculated calibration error 
values;
    10.1.8.1.2 For quarterly gas audits of HCl or HF CEMS certified 
under PS 15 of appendix B to part 60 of this chapter follow 
paragraph 10.1.8.1.2.1 of this appendix and for quarterly data 
accuracy assessments under PS 18 of appendix B to part 60 of this 
chapter follow paragraph 10.1.8.1.2.2 of this appendix.
    10.1.8.1.2.1 Record the date and time of each spiked and 
unspiked sample, the audit gas reference values and uncertainties. 
Keep records of all calculations and data analyses required under 
sections 9.1 and 12.1 of P S 15 of appendix B to part 60 of this 
chapter, and the results of those calculations and analyses.
    10.1.8.1.2.2 [Reserved]
    10.1.8.1.3 For each RATA or RAA of a HCl or HF CEMS, record the 
date and time of each test run, the reference method(s) used, and 
the reference method and HCl or HF CEMS values. Keep records of the 
data analyses and calculations used to determine the relative 
accuracy.
* * * * *

11. Reporting Requirements

* * * * *
    11.4 Certification, Recertification, and Quality-Assurance Test 
Reporting Requirements. Except for daily QA tests (e.g., 
calibrations and flow monitor interference checks), which are 
included in each electronic quarterly emissions report, use the 
ECMPS Client Tool to submit the results of all required 
certification, recertification, quality-assurance, and diagnostic 
tests of the monitoring systems required under this appendix 
electronically, either prior to or concurrent with the relevant 
quarterly electronic emissions report.
* * * * *
    11.4.2 For daily beam intensity checks for integrated path HCl 
CEMS as specified by PS 18 of appendix B to part 60 of this chapter, 
report:
    11.4.2.1 through 11.4.2.13 [Reserved]
    11.4.3 For each quarterly gas audit of an HCl or HF CEMS under 
Performance Specification 15, report:
    11.4.3.1 Facility ID information;
    11.4.3.2 Monitoring system ID number;
    11.4.3.3 Type of test (e.g., quarterly gas audit);
    11.4.3.4 Reason for test;
    11.4.3.5 Certified audit (spike) gas concentration value (ppm);
    11.4.3.6 Measured value of audit (spike) gas, including date and 
time of injection;
    11.4.3.7 Calculated dilution ratio for audit (spike) gas;
    11.4.3.8 Date and time of each spiked flue gas sample;
    11.4.3.9 Date and time of each unspiked flue gas sample;
    11.4.3.10 The measured values for each spiked gas and unspiked 
flue gas sample (ppm);
    11.4.3.11 The mean values of the spiked and unspiked sample 
concentrations and the expected value of the spiked concentration as 
specified in section 12.1 of PS 15 of appendix B to part 60 of this 
chapter (ppm);
    11.4.3.12 Bias at the spike level as calculated using equation 3 
in section 12.1 of PS 15 of appendix B to part 60 of this chapter; 
and
    11.4.3.13 The correction factor (CF), calculated using equation 
6 in section 12.1 of PS 15 of appendix B to part 60 of this chapter.
    11.4.4 For each quarterly parameter verification check for an 
integrated path HCl CEMS under PS 18 of appendix B to part 60 of 
this chapter, report:
    11.4.4.1 [Reserved]
    11.4.5 For each quarterly gas audit under P S 18 of appendix B 
to part 60 of this chapter, report:
    11.4.5.1 [Reserved]
    11.4.6 For each quarterly dynamic spiking audit as allowed by P 
S 18 of appendix B to part 60 of this chapter, report:
    11.4.6.1 [Reserved]
    11.4.7 For each RATA or RAA of an HCl or HF CEMS, report:
    11.4.7.1 Facility ID information;
    11.4.7.2 Monitoring system ID number;
    11.4.7.3 Type of test (i.e., initial or annual RATA or RAA);
    11.4.7.4 Reason for test;
    11.4.7.5 The reference method used;
    11.4.7.6 Starting and ending date and time for each test run;
    11.4.7.7 Units of measure;
    11.4.7.8 The measured reference method and CEMS values for each 
test run, on a consistent moisture basis, in appropriate units of 
measure;
    11.4.7.9 Flags to indicate which test runs were used in the 
calculations;
    11.4.7.10 Arithmetic mean of the CEMS values, of the reference 
method values, and of their differences;
    11.4.7.11 Standard deviation, as specified in Equation 2-4 of PS 
2 or PS 18, as applicable in appendix B to part 60 of this chapter;
    11.4.7.12 Confidence coefficient, as specified in Equation 2-5 
of PS 2 or PS 18, as applicable in appendix B to part 60 of this 
chapter; and
    11.4.7.13 Relative accuracy calculated using Equation 2-6 of PS 
2 or PS 18, as applicable in appendix B to part 60 of this chapter 
or, if applicable, according to the alternative procedure for low 
emitters described in paragraph 3.1.2.2 of this appendix. If 
applicable use a flag to indicate that the alternative RA 
specification for low emitters has been applied.
* * * * *
    11.4.8 Reporting Requirements for Diluent Gas, Flow Rate, and 
Moisture Monitoring Systems. For the certification, recertification, 
diagnostic, and QA tests of stack gas flow rate, moisture, and 
diluent gas monitoring systems that are certified and quality-
assured according to part 75 of this chapter, report the information 
in section 10.1.8.2 of this appendix.
* * * * *
    11.5.3.4 The results of all daily calibrations (including 
calibration transfer standard tests and beam intensity checks of 
integrated path CEMS) of the HCl or HF monitor as described in 
paragraph 10.1.8.1.1 of this appendix; and
* * * * *
[FR Doc. 2015-01699 Filed 2-13-15; 8:45 am]
BILLING CODE 6560-50-P


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