Summary of Interagency Working Comments on Draft Language under EOs 

12866 and 13563 Interagency Review. Subject to Further Policy Review.

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Major Source Boiler Rule:

 Would “new sources” that did not meet the requirements of the March 2011 rule, but which will 

meet the final reconsidered standards, be vulnerable to citizen lawsuits or other repercussions 

(recognizing the EPA has itself been clear that it would not take enforcement action against new 

sources before the final reconsideration was issued)? Does EPA know of any “new sources” that 

might fall into this category? 

 P. 14-16: For clarity, suggest making clear that the bulleted list is the list of issues on which EPA 

granted petitions for reconsideration. As written, it says that EPA granted reconsideration on 

“certain issues” but never clarifies what those issues are.

 P. 26: There seems to be a missing piece to this explanation of what defines a new source: the 

preamble says “New sources are defined as sources which commenced construction or 

reconstruction on or after pursuant to section 112(a)(4).” No date is listed, and the 

“construction” triggering action seems to conflict with P. 6, which explains “New sources are 

defined as sources that began operation on or after June 4, 2010.”

 Where does EPA explain why it has chosen to finalize one single PM limit for all coal/solid fossil 

fuel subcategories? (Mentioned in passing at the top of P. 31) Is this a significant change from 

proposal, and, if so, what will be the real-world implications?

 In the section where EPA denies requests for reconsideration on a number of issues (primarily 

because parties had an opportunity to comment during the rulemaking process), EPA should 

consider adding text wherever possible to explain where the reader can find EPA’s response to 

those issues. This is generally done for concerns that were raised between the first proposed 

and final rules, but for a large number of concerns (some that sound fairly legitimate on their 

face), the response seems to be (in essence) “they had their chance to raise this earlier and 

missed the boat, so we’re not even going to consider it now.” Can EPA reference the current 

response to comments document for many of these issues?

 P. 64 – In responding to the request for EPA to reconsider whether to exempt units from NSR, 

the response that the issue is “not of central relevance to this rulemaking” seems unnecessarily 

harsh and dismissive. We suggest, instead, that EPA more diplomatically explain that this issue 

was addressed in the 2011 final rule and reference the RTC document for more information.

Other similar tone adjustments may be helpful in this section, where possible (particularly given 

that the RTC document will again be separate from the preamble). 

 Why did EPA choose not to reconsider removing or adjusting the 10% penalty for sources opting 

to use the emission averaging compliance alternative? Was a similar penalty included in the 

final MATS rule?

 In Section IV “Impacts of This Final Rule,” it would be helpful if EPA explained upfront what the 

baseline is for calculating the costs and benefits.

 The preamble notes that the number of affected units has increased. Did the scope of this 

rulemaking increase, or does EPA simply have new information that has helped identify affected 

units. If the later, suggest clarifying this.

 On P. 83, where EPA explains that it could not monetize/quantify the benefits of reducing HAPs, 

strongly suggest providing more information about the nature of those unquantified benefits.

Even though they are not monetized, EPA nonetheless knows that these health benefits are real 

and significant, but that does not come through here clearly.

 page 120 -- EPA should make it easy for owners and operators of units that are subject to 

limited requirements to determine that this is the case. The rule makes it easy for owners and 

operators of limited use units to determine their applicable requirements but not for owners 
Summary of Interagency Working Comments on Draft Language under EOs 

12866 and 13563 Interagency Review. Subject to Further Policy Review.

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and operators of gas 1 units. We suggest revising 63.7500 (a), (d), and (e) and make a 

conforming reference change to 63.7505 (a) as follows:

§63.7500 What emission limitations, work practice standards, and operating limits must I 

meet?

(a) You must meet the requirements in paragraphs (a)(1) through (3) of this section, except as 

provided in paragraphs (b), (c), andthrough (de) of this section. You must meet these 

requirements at all times the affected unit is operating, except as provided in paragraph (ef) of 

this section.

* * * * *

(d) Boilers and process heaters with a federally enforceable operating limit of less than or equal 

to 100 hours per year or a heat input capacity of less than or equal to 5 million Btu per hour in 

the units designed to burn gas 1 fuels subcategory; units designed to burn gas 2 (other) fuels 

subcategory, or units designed to burn light liquid fuels subcategory must complete a tune-up 

every 5 years as specified in §63.7540.

(e) Boilers and process heaters in the units designed to burn gas 1 fuels subcategory with a 

federally enforceable operating limit of less than or equal to 100 hours per year or a heat input 

capacity of less than or equal to 5 million Btu per hour must complete a tune-up every 5 years as 

specified in §63.7540. Boilers and process heaters in the units designed to burn gas 1 fuels 

subcategory with a heat input capacity greater than 5 million Btu per hour and less than 10 

million Btu per hour must complete a tune-up every 2 years as specified in §63.7540. Boilers and 

process heaters in the units designed to burn gas 1 fuels subcategory are not subject to the 

emission limits in Tables 1 and 2 or 11 through 13 to this subpart, or the operating limits in Table 

4 to this subpart.

(ef) These standards apply at all times the affected unit is operating, except during periods of 

startup and shutdown, during which time you must comply only with Table 3 to this subpart.

* * * * *

§63.7505 What are my general requirements for complying with this subpart?

(a) You must be in compliance with the emission limits, work practice standards, and operating 

limits in this subpart. These limits apply to you at all times the affected unit is operating except 

for the periods noted in §63.7500(ef).

 Consider use of previous compatible energy management programs in lieu of the one-time 

energy assessment required in item 4 of Table 3 (page 305). Paragraph 4 of Table 3 was not 

revised as indicated on the preamble at page 35. On page 35, the preamble says: “We have also 

revised paragraph 4 of Table 3 of the final rule to allow a source that is operating under an 

energy management program developed according to the ENERGY STAR guideline for energy 

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

that includes the affected units, to satisfy the energy assessment requirement.” However table 

paragraph 4 of Table 3 was not revised. 

 P. 306 – Commenters suggest that at a minimum, EPA should add fabric filter to the list of 

controls that do not need to be operated during startup and shut down. EPA changed the work 

practice requirement for operations during startup and shutdown in Table 3 significantly since 

March 2011 and since proposal. The original language deferred to manufacturer's 

recommended procedures which would allow a fabric filter to be bypassed during startup, 

shutdown, or malfunction for safety reasons. The final amendments no longer defer to 

manufacturer's recommended procedures, eliminate the emphasis on safety, and for the first 

time list controls that can be bypassed during startup and shutdown, which implies that others 
Summary of Interagency Working Comments on Draft Language under EOs 

12866 and 13563 Interagency Review. Subject to Further Policy Review.

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cannot. 

commenters suggest this change in item 5 of Table 3 at page 306 and to the identical language 

in the preamble on page 35. A potential change would be as follows:

 You must operate all CMS during startup and shutdown. If you are firing a fuel other than 

natural gas, refinery gas, other gas 1 fuel, or light liquid fuels, you must engage all of the 

applicable control technologies except dry scrubber, fabric filter, and SCR during periods of 

startup and shutdown. You must start your dry scrubber, fabric filter, and SCR systems, if 

present, appropriately to comply with relevant standards applicable during normal operation. 

You must comply with all applicable emissions and operating limits at all times the unit is in 

operation except for periods that meet the definitions of startup and shutdown in this subpart. 

You must keep records during periods of startup or shutdown. You must maintain records 

concerning activities and periods of startup or shutdown, as specified in § 63.7555.

 We suggest revising paragraph 4 of Table 3 as stated in the preamble. A.4. 

Recordkeeping provisions in §63.7555(i) and (j) at page 237. The recordkeeping 

provisions in §63.7555(i) and (j) as stated could be misunderstood to apply to all units. 

The recordkeeping provisions in §63.7555(i) and (j) only apply to units that are subject to 

numeric emissions standards but as stated could be misunderstood to apply to all units. 

To ensure these provisions are not implemented improperly, move paragraphs (i) and (j)

so that they become subparagraphs under 63.7555(d) which would now read as follows:

(d) For each boiler or process heater subject to an emission limit in Table 1, 2, or 11 to this 

subpart, you must also keep the applicable records in paragraphs (d)(1) through (9) (11) of 

this section.

* * * * *

(10) You must maintain records of the calendar date of occurrence and duration of each 

startup and shutdown.

(11) You must maintain records of the type(s) and amount(s) of fuels used during each 

startup and shutdown.

* * * * *

(i) You must maintain records of the calendar date of occurance and duration of each startup 

and shutdown.

(j) You must maintain records of the type(s) and amount(s) of fuels used during each startup 

and shutdown.

 Commenters suggest adjusting the limited use subcategory to a capacity-factor 

approach instead of a set number of hours per year, as this will provide flexibility for 

limited use and back up energy sources. 

 Commenters suggest extending the period for the burner inspection and the air-to-fuel 

system inspection for units that sell electricity from an annual requirement to the first 

outage, not to exceed 36 months, from the previous outage. Many large boilers do not 

require annual outages and this change will avoid boilers being taken offline solely to 

conduct an annual inspection. 

 Commenters suggest revising the definitions of “30-day rolling average” and “daily block 

average” to exclude periods of startup and shutdown or downtime from the arithmetic 

mean. 
Summary of Interagency Working Comments on Draft Language under EOs 

12866 and 13563 Interagency Review. Subject to Further Policy Review.

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A.5. Editorial Issues:

- There is no instruction telling Government Printing Office that subpart DDDDD is revised to read 

as follows.

- Table of Contents (TOC) field needs to be updated as some of the section headings are different 

in the TOC than in the text of the rule.

- Part of the text in 63.7499(t), 63.7522(b)(3)(i) and 62.7525(a)(9) are underlined but is probably 

not intended to be underlined in the CFR.

- There may be an errant semicolon in 63.7500(c) that should be a comma. With the semicolon 

after “...gas 1 fuels subcategory” all gas 2 and light liquid units regardless of size would be 

subject to 5 year tune-ups. We believe the intent is for larger units to be subject to more 

frequent tune-ups. Our recommended change to that section in comment 1 above to create a 

separate paragraph for gas 1 units resolves this issue.

- Add paragraph (line) break before paragraph (d) of 63.7500 and paragraph (c) of 63.7530 and 

paragraph (e) of 63.7550 and paragraph (d)(4) of 63.7555.

- Equations 1b and 1c in 63.7522 are identical. Equation 1b is on a steam output basis and 1c is on 

an electric generation output basis, yet both equations use “So” for the parameter. Perhaps 1c 

should use EGo or Eo instead of So. Same issue applies to equations 3b and 3c. EPA might want 

to change equations 1c and 3c to avoid confusion.

- “Occurrence” is misspelled in 63.7555(i).

- In 63.7575 insert a line break before the definitions of “fluidized bed combustion” and “steam 

output” and remove tabs in front of the definition of “deviation.”

- In 63.7575 change the word “emergencies” to “interruption” in the definitions of “Unit designed 

to burn gas 1 subcategory” and “Unit designed to burn liquid subcategory” to be consistent with 

the definition of “periods of gas curtailment or supply interruption” which uses the word 

interruption and not emergencies.

- There are several omitted periods in several tables.

- In Table 1 item 10a column 4, change “;” to “.” at the end. Also seems odd to use 2.7E+01 

instead of 27.

- In Table 1 item 13a column 4, seems odd to use 1.2E+01 instead of 12.

- In Table 1 item 17 column 1 change “that is a” to “that are” and change “unit” to “units” at the 

end.

- In Table 2 item 1 column 3, 2.1E-021 should probably be 2.1E-02.

- In Table 2 item 2 column 2, Filterable PM starts with “b” but should start with “a.”

- In Table 2 item 7a column 4, seems odd to use 1.7E+01 instead of 17.

- In Table 2 item 10a column 4, change “;” to “.” at the end. Also seems odd to use 2.7E+01 

instead of 27.

- In Table 2 item 12a column 4, seems odd to use 1.2E+01 instead of 12.

- In Table 2 item 12b column 3, 2.0E-020 should probably be 2.0E-02.

- In Table 2 item 13a column 4, seems odd to use 3.1E+01 instead of 31. Also change “;” to “.” at 

the end of column 4.

- In Table 2 item 17 column 1 change “that is a” to “that are” and change “unit” to “units” at the 

end.

- In Table 6 item 4g column 3, change “equations” to “equation.”

- In Table 6 item 2c column 3, delete extra “,” before “EPA 350...”

- In Table 11 items 2, 3, 4 column 2, starts with “b” but should start with “a.”

- In Table 11 item 19 column 1 change “that is a” to “that are” and change “unit” to “units” at the 

end.
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12866 and 13563 Interagency Review. Subject to Further Policy Review.

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- In Table 12 item 2 column 2, starts with “b” but should start with “a.”

- In Table 12 item 17 column 1 change “that is a” to “that are” and change “unit” to “units” at the 

end.

- In Table 13 item 16 column 1 change “that is a” to “that are” and change “unit” to “units” at the 

end.