## Summary of Interagency Working Comments on Draft Language under EO s

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

Page 1 of 5 

### 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 cle ar 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 th e 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 d efines 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/s olid fossil fuel subcategories? (Mentioned in passing at t he 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 E PA’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 nu mber 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 dismis sive. 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 (parti cularly 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 av eraging compliance alternative? Was a similar penalty inclu ded 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, str ongly 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 n ot for owners

## Summary of Interagency Working Comments on Draft Language under EO s

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

Page 2 of 5 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 (e f ) 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 desig ned 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 §63.7 540. 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. (e f ) 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(e f ).  **Consider use of previous comp atible 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, tha t 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 a t a minimum , EPA should add fabric filter to the list of controls that do not need to b e 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 proced ures 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 EO s

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

Page 3 of 5 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, a nd 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 a nd 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 p aragraph 4 of Table 3 as stated in the preamble. **A.4 .**  **R ecordkeeping 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 ) Y ou must maintain records of the calendar date of occurance and duration of each startup and shutdown. (j ) Y ou must maintain records of the type(s) and amount(s) of fuels used du ring each startup and shutdown.
 Commenters suggest a djusting 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 sugg est 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 an nual 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 dow ntime from the arithmetic mean.

## Summary of Interagency Working Comments on Draft Language under EO s

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

Page 4 of 5 **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 t hat 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.

- Equatio ns 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 defi nition 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, Filter able 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, s eems 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 chang e “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 shou ld 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.

## Summary of Interagency Working Comments on Draft Language under EO s

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

Page 5 of 5 - 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.