[Federal Register Volume 79, Number 223 (Wednesday, November 19, 2014)]
[Proposed Rules]
[Pages 68821-68840]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-26905]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 60 and 63

[EPA-HQ-OAR-2011-0817; FRL-9918-60-OAR]
RIN 2060-AQ93


National Emission Standards for Hazardous Air Pollutants for the 
Portland Cement Manufacturing Industry and Standards of Performance for 
Portland Cement Plants: Amendments

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule.

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SUMMARY: On February 12, 2013, the Environmental Protection Agency 
(EPA) finalized amendments to the national emission standards for the 
control of hazardous air pollutants (NESHAP) from the new and existing 
Portland cement manufacturing industry at major sources of hazardous 
air pollutants (HAP). Subsequently, the EPA has become aware of certain 
minor technical errors in those amendments, and is, accordingly, 
proposing amendments and technical corrections to the final rule. In 
addition, the EPA plans to remove rule provisions establishing an 
affirmative defense in the final technical correction rule.

DATES: Comments. Comments must be received on or before January 20, 
2015, or 30 days after date of public hearing, if later.
    Public Hearing. If anyone contacts the EPA requesting to speak at a 
public hearing by November 24, 2014, we will hold a public hearing on 
December 4, 2014 on the EPA campus at 109 T.W. Alexander Drive, 
Research Triangle Park, North Carolina.

ADDRESSES: Comments. Submit your comments, identified by Docket ID 
Number EPA-HQ-OAR-2011-0817, by one of the following methods:
    <bullet> Federal eRulemaking Portal: http://www.regulations.gov: 
Follow the online instructions for submitting comments.
    <bullet> Email: <a href="/cdn-cgi/l/email-protection#1c5d317d7278314e3158737f7779685c796c7d327b736a"><span class="__cf_email__" data-cfemail="7e3f531f101a532c533a111d151b0a3e1b0e1f50191108">[email protected]</span></a>. Include Attention Docket ID 
No. EPA-HQ-OAR-2011-0817 in the subject line of the message.
    <bullet> Fax: (202) 566-9744, Attention Docket ID No. EPA-HQ-OAR-
2011-0817.
    <bullet> Mail: Environmental Protection Agency, EPA Docket Center 
(EPA/DC), Mail Code 28221T, Attention Docket ID No. EPA-HQ-OAR-2011-
0817, 1200 Pennsylvania Ave. NW., Washington, DC 20460. In addition, 
please mail a copy of your comments on the information collection 
provisions to the Office of Information and Regulatory Affairs, Office 
of Management and Budget (OMB), Attn: Desk Officer for EPA, 725 17th 
Street NW., Washington, DC 20503.
    <bullet> Hand/Courier Delivery: EPA Docket Center, Room 3334, EPA 
WJC West Building, 1301 Constitution Ave. NW., Washington, DC 20004, 
Attention Docket ID Number EPA-HQ-OAR-2011-0817. Such deliveries are 
only accepted during the Docket's normal hours of operation, and 
special arrangements should be made for deliveries of boxed 
information.
    Instructions. Direct your comments to Docket ID Number EPA-HQ-OAR-
2011-0817. The EPA's policy is that all comments received will be 
included in the public docket 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 not include special characters or any form of encryption and be 
free of any defects or viruses. For additional information about the 
EPA's public docket, visit the EPA Docket Center homepage at: http://www.epa.gov/dockets.
    Docket. The EPA has established a docket for this rulemaking under 
Docket ID Number EPA-HQ-OAR-2011-0817. 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, is not placed on the Internet 
and will be publicly available only in hard copy. Publicly available 
docket materials are available either electronically in http://www.regulations.gov or in hard copy at the EPA Docket Center, Room 
3334, EPA WJC West Building, 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 
EPA Docket Center is (202) 566-1742.
    Public Hearing. If anyone contacts the EPA requesting a public 
hearing by November 24, 2014, the public hearing will be held on 
December 4, 2014 at the EPA's campus at 109 T.W. Alexander Drive, 
Research Triangle Park, North Carolina. The hearing will begin at 1:00 
p.m. (Eastern Standard Time) and conclude at 5:00 p.m. (Eastern 
Standard Time). Please contact Ms. Pamela Garrett at (919) 541-7966 or 
to register to speak at the hearing, or to inquire about whether a 
hearing will be held. The last day to pre-register in advance to speak 
at the hearings will be December 1, 2014. 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, please let us know at the 
time of registration. If you require an accommodation, 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 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

[[Page 68822]]

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. Commenters 
should notify Ms. Garrett if they will need specific equipment, or if 
there are other special needs related to providing comments at the 
hearings. 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 only be held if requested by November 24, 
2014. Please contact Ms. Pamela Garrett at (919) 541-7966 or at 
<a href="/cdn-cgi/l/email-protection#03646271716677772d73626e666f62436673622d646c75"><span class="__cf_email__" data-cfemail="b6d1d7c4c4d3c2c298c6d7dbd3dad7f6d3c6d798d1d9c0">[email protected]</span></a> or visit http://www.epa.gov/airquality/cement/actions.html to determine if a hearing will be held. 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.

FOR FURTHER INFORMATION CONTACT: Ms. Sharon Nizich, Minerals and 
Manufacturing Group, Sector Policies and Programs Division (D243-04), 
Environmental Protection Agency, Research Triangle Park, North Carolina 
27711; telephone number: (919) 541-2825; facsimile number: (919) 541-
5450; email address: <a href="/cdn-cgi/l/email-protection#28464152414b40065b40495a4746684d5849064f475e"><span class="__cf_email__" data-cfemail="e08e899a898388ce938881928f8ea0859081ce878f96">[email protected]</span></a>. For information about the 
applicability of the NESHAP or NSPS contact Mr. Patrick Yellin, 
Monitoring, Assistance and Media Programs Division (2227A), Office of 
Enforcement and Compliance Assurance, U.S. Environmental Protection 
Agency, 1200 Pennsylvania Avenue, Washington, DC 20460; telephone 
number (202) 564-2970; email address <a href="/cdn-cgi/l/email-protection#94edf1f8f8fdfabae4f5e0e6fdf7ffd4f1e4f5baf3fbe2"><span class="__cf_email__" data-cfemail="f48d9198989d9ada849580869d979fb4918495da939b82">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: Organization of this Document. The following 
outline is provided to aid in locating information in the preamble.

I. General Information
    A. What is the source of authority for this action?
    B. What entities are potentially affected by this action?
    C. What should I consider as I prepare my comments for the EPA?
II. Background
III. Discussion of the Issues Under Consideration
IV. Plan To Remove Affirmative Defense
V. Solicitation of Public Comment on Proposed Amendments
VI. Technical Corrections and Clarifications
VII. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review and 
Executive Order 13563: Improving Regulation and Regulatory Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act
    D. Unfunded Mandates Reform Act
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination With 
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children From 
Environmental Health Risks and Safety Risks
    H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act
    J. Executive Order 12898: Federal Actions To Address 
Environmental Justice in Minority Populations and Low-Income 
Populations

I. General Information

A. What is the source of authority for this action?

    The statutory authority for this action is provided by sections 
111, 112 and 301(a) of the Clean Air Act (CAA) as amended (42 U.S.C. 
7411, 7412 and 7601(a)).

B. What entities are potentially affected by this action?

    Categories and entities potentially regulated by this proposed rule 
include:

    Table 1--NESHAP and Industrial Source Categories Affected By This
                             Proposed Action
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                                                         Examples of
             Category               NAICS code \a\   regulated entities
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Industry..........................          327310  Portland cement
                                                     manufacturing
                                                     plants.
Federal government................  ..............  Not affected.
State/local/tribal government.....  ..............  Portland cement
                                                     manufacturing
                                                     plants.
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\a\ North American Industry Classification System.

    Table 1 of this preamble is not intended to be exhaustive, but 
rather provides a guide for readers regarding entities likely to be 
regulated by this action. To determine whether your facility could be 
regulated by this action, you should examine the applicability criteria 
in 40 CFR 60.60 (subpart F) or in 40 CFR 63.1340 (subpart LLL). If you 
have any questions regarding the applicability of this action to a 
particular entity, contact the appropriate person listed in the 
preceding FOR FURTHER INFORMATION CONTACT section.

C. What should I consider as I prepare my comments for the EPA?

    Submitting CBI. Do not submit this information to the EPA through 
regulations.gov or email. Clearly mark the part or all of the 
information that you claim to be CBI. For CBI information in a disk or 
CD-ROM that you mail to the EPA, mark the outside of the disk or CD-ROM 
as CBI and then identify electronically within the disk or CD-ROM the 
specific information that is claimed as CBI. In addition to one 
complete version of the comment that includes information claimed as 
CBI, a copy of the comment that does not contain the information 
claimed as CBI must be submitted for inclusion in the public docket. 
Information so marked will not be disclosed except in

[[Page 68823]]

accordance with procedures set forth in 40 CFR part 2. Send or deliver 
information identified as CBI to only the following address: Ms. Sharon 
Nizich, c/o OAQPS Document Control Officer (Room C404-02), U.S. EPA, 
Research Triangle Park, NC 27711, Attention Docket ID No. EPA-HQ-OAR-
2011-0817.
    Docket. The docket number for this document is Docket ID No. EPA-
HQ-OAR-2011-0817.
    World Wide Web (WWW). In addition to being available in the docket, 
an electronic copy of this document will be posted on the WWW through 
the Technology Transfer Network (TTN) Web site. Following signature, 
the EPA will post a copy of this document at http://www.epa.gov/airquality/cement/actions.html. The TTN provides information and 
technology exchange in various areas of air pollution control.

II. Background

    In 2010, the EPA established NESHAP for the Portland Cement source 
category. 75 FR 54970 (September 9, 2010). Specifically, the EPA 
established emission standards for mercury (Hg), hydrogen chloride 
(HCl), total hydrocarbons (THC) (or in the alternative, organic HAP 
(oHAP), and particulate matter (PM). These standards, established 
pursuant to section 112 (d) of the Act (CAA), reflected performance of 
maximum available control technology. Following court remand, Portland 
Cement Ass'n v. EPA, 665 F. 3d 177 (D.C. Cir. 2011), the EPA amended 
some of these standards in 2013, and established a new compliance date 
for the amended standards. 78 FR 10006 (Feb. 12, 2013). All of these 
actions were upheld by the United States Court of Appeals for the 
District of Columbia Circuit. Natural Resources Defense Council v. EPA, 
749 F. 3d 1055 (D.C. Cir. 2014). The court, however, also vacated a 
provision of the rule establishing an affirmative defense when 
violations of the standards occurred because of malfunctions. 749 F. 3d 
at 1063-64. In light of the court's vacatur, the regulatory provisions 
establishing the affirmative defense are null and void. Thus, the EPA 
plans to remove the affirmative defense regulatory text (40 CFR 
63.1344) as part of the final technical corrections rule.
    The EPA also adopted standards of performance for new Portland 
cement sources as part of the same regulatory action establishing the 
2010 NESHAP. 75 FR 54970(Sept. 9, 2010); see also Portland Cement Ass'n 
v. EPA, 665 F. 3d at 190-92 (upholding these standards). The EPA is 
proposing certain technical changes to these standards as part of 
today's action. These changes do not affect the standards nor do they 
affect the expected cost of compliance.

III. Discussion of the Issues Under Consideration

    The EPA is proposing certain clarifying changes and corrections to 
the 2013 final rule. Specifically, these amendments would: (1) Clarify 
the definition of rolling average, operating day and run average; (2) 
restore the table of emission limits which apply until the September 9, 
2015, compliance date; (3) correct equation 8 regarding sources with an 
alkali bypass or inline coal mill that include a separate stack; (4) 
provide a scaling alternative for sources that have a wet scrubber, 
tray tower or dry scrubber relative to the HCl compliance 
demonstration; (5) add a temperature parameter to the startup and 
shutdown requirements; (6) clarify language related to span values for 
both Hg and HCl measurements; and (7) correct inadvertent typographical 
errors. The EPA also proposes to clarify and correct certain 
inadvertent inconsistencies in the final rule regulatory text, such as 
correction of the compliance date for new sources and correction to the 
compliance date regarding monitoring and recordkeeping requirements to 
reflect the effective date of the final rule for the NSPS.
    In both the NSPS and the NESHAP, we are proposing language to 
clarify the existing definitions of Operating Day, Rolling Average and 
Run Average to promote consistent and clear monitoring data recording 
and emissions reporting. The clarifications below are in response to 
industry questions and neither is intended to change the meaning of the 
final rule. We propose to clarify that ``Operating Day'' is any 24-hour 
period where clinker is produced. This clarification is necessary to 
specify that during any day with both operations and emissions, an 
emissions value or an average of emissions values representing those 
operations is included in the 30-day rolling average calculation. We 
also propose to clarify that ``Rolling Average'' means a weighted 
average of all monitoring data collected during a specified time period 
divided by all production of clinker during those same hours of 
operation. This clarification is necessary to specify the way a long 
term rolling average value is calculated such that different facilities 
are not using different approaches to demonstrate compliance with the 
rule. In addition, we propose to revise the definition of ``Run 
Average'' to clarify that the run average means the average of the 
recorded parameter values, not the 1-minute parameter values, for a 
run.
    We are proposing to amend 40 CFR 63.1349(b)(8)(vii) that includes a 
provision describing performance testing requirements when a source 
demonstrates compliance with the emissions standard using a continuous 
emissions monitoring system (CEMS) for sulfur dioxide (SO<INF>2</INF>) 
measurement and reporting.
    We are proposing to add a scaling alternative whereby if a source 
uses a wet scrubber, tray tower or dry scrubber, and where the test run 
average of the three HCl compliance tests demonstrates compliance below 
2.25 parts per million by volume (ppmv) (which is 75 percent of the HCl 
emission limit), the source may calculate an operating limit by 
establishing a relationship of the average SO<INF>2</INF> CEMS signal 
to the HCl concentration (corrected to 7 percent oxygen). The operating 
limit would be established at a point where the SO<INF>2</INF> CEMS 
indicates the source would be at 2.25 ppmv. Since the 2.25 ppmv is 
below the actual limit of 3.0 ppmv, the source will continue to 
demonstrate compliance with the HCl standard. Given the fact that 
SO<INF>2</INF> controls preferentially remove HCl, an increase in 
SO<INF>2</INF> emissions would not indicate an increase in HCl 
emissions as long as some SO<INF>2</INF> emissions reductions are 
occurring. Adding this compliance flexibility should not result in any 
increase in HCl emissions. We solicit comment on this approach.
    We also propose, under 40 CFR 63.1346(g)(3), to revise language 
related to the use of air pollution control devices (APCD). During 
startup, fuel feed is increased over time until normal operating 
temperatures are achieved. According to industry, during both startup 
and shutdown, the gas stream to the APCD will be above 12-percent 
oxygen because the system is being operated at reduced fuel combustion 
rates. The minimal temperature at which oxygen content is below 12 
percent and thereby assuring the stream is nonexplosive, is 300 degrees 
Fahrenheit. There are also issues with activated carbon and hydrated 
lime being injected into large ducts with low gas flows. With low gas 
flows, these materials fall out of the stream and accumulate in the 
duct work. In addition, lime affected by water vapor condensation 
present during startup and shutdown conditions will cause the lime to 
harden and reduce the efficiency

[[Page 68824]]

for dust removal.\1\ Therefore, we propose to require the APCD be 
turned on when the temperature of the APCD reaches 300 degrees 
Fahrenheit. We also propose to clarify that this section is applicable 
to HAP control devices, a requirement inadvertently missing from the 
promulgated rule.
---------------------------------------------------------------------------

    \1\ These issues are further discussed in the docket, via 
communication with John Holmes dated September 24, 2014.
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    We propose to modify the measurement span criteria for HCl CEMS to 
include better quality assurance/quality control (QA/QC) for 
measurements of elevated HCl emissions that may result from ``mill 
off'' operations. This slight increase in measurement span (from 5 
parts per million (ppm) to 10 ppm) provides for an improved balance 
between accurately quantifying measurements at low emissions levels 
(the majority of operating time) and improving QA/QC for brief periods 
of elevated emissions observed during ``mill off'' operation (the 
majority of HCl mass emissions).
    We propose to remove 40 CFR 60.64(c)(2), which applied when sources 
did not have valid 15-minute CEMS data. This provision allowed for 
inclusion of the average emission rate from the previous hour for which 
data were available. This provision was inadvertently added to the 
final rule, but this substitution is not an allowable action. We 
solicit comment on removal of this subsection.
    We are also proposing to revise 40 CFR 63.1350(o) (Alternative 
Monitoring Requirements Approval), since language in this section, 
which does not allow an operator to apply for alternative THC 
monitoring, is now obsolete. Since there is now alternative monitoring 
allowed in 40 CFR 63.1350(j) due to the 2013 amendments (see 78 FR 
10015), the exception is largely no longer needed. A source that emits 
a high amount of THC due to methane emissions, for example, can follow 
the alternative oHAP monitoring requirements. For any other reason that 
an alternative THC monitoring protocol is warranted, we are proposing 
the source be allowed to submit an application to the Administrator 
subject to the provisions of 40 CFR 63.1350(o)(1) through (6).

IV. Plan To Remove Affirmative Defense

    As noted above, the United States Court of Appeals for the District 
of Columbia Circuit vacated the affirmative defense provisions 
contained in the Portland Cement NESHAP rule. (NRDC v. EPA, 749 F. 3d 
at 1063-64 (D.C. Cir. 2014). 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.''' Id. at 1063. In light of this decision, 
the affirmative defense provisions are null and void. The EPA plans to 
remove the regulatory affirmative defense provisions as part of the 
final technical corrections rule to reflect the court's vacatur. In the 
event that a source fails to comply with the applicable CAA section 112 
standards as a result of a malfunction event, the EPA would determine 
an appropriate response based on, among other things, the good faith 
efforts of the source to minimize emissions during malfunction periods, 
including preventative and corrective actions, as well as root cause 
analyses, to ascertain and rectify excess emissions. The EPA would also 
consider whether the source's failure to comply with the CAA section 
112 standard was, in fact, ``sudden, infrequent, not reasonably 
preventable'' and was not instead ``caused in part by poor maintenance 
or careless operation.'' 40 CFR 63.2 (definition of malfunction).
    Further, to the extent the EPA files an enforcement action against 
a source for violation of an emission standard, the source can raise 
any and all defenses in that enforcement action and the federal 
district court will determine what, if any, relief is appropriate. The 
same is true for citizen enforcement actions. Similarly, the presiding 
officer in an administrative proceeding can consider any defense raised 
and determine whether administrative penalties are appropriate.

V. Solicitation of Public Comment on Proposed Amendments

    At this time, the EPA is only proposing specific technical 
corrections and clarifications to the final rule's requirements, and is 
seeking comment on these corrections and clarifications. The EPA is not 
proposing any other revisions to the final rule. The EPA is seeking 
comment only on the specific proposed technical corrections proposed in 
this document. The EPA will not respond to any comments addressing any 
other issues or any other provisions of the final rule or any other 
rule. The EPA is not seeking comment on its plan to remove the 
affirmative defense regulatory text. The removal of the affirmative 
defense merely corrects the regulation to reflect that the provisions 
have no legal effect in light of the court's vacatur and, thus, notice 
and comment is not required (See 5 U.S.C 553(b)(B)).

VI. Technical Corrections and Clarifications

    These technical corrections and clarifications are being proposed 
to correct inaccuracies and oversights that were promulgated in the 
final rule and to make the rule language consistent with provisions 
addressed through this reconsideration. We are soliciting comment only 
on whether the proposed changes provide the intended accuracy, clarity 
and consistency. These proposed changes are described in Tables 2 and 3 
of this preamble. We request comment on all of these proposed changes.

               Table 2--Miscellaneous Proposed Technical Corrections to 40 CFR Part 60, Subpart F
----------------------------------------------------------------------------------------------------------------
                       Section of subpart F                              Description of proposed correction
----------------------------------------------------------------------------------------------------------------
40 CFR 60.61(f)..................................................  Revise the definition of ``operating day'' to
                                                                    clarify that the 24 hour period beginning at
                                                                    12:00 midnight covers the time the kiln
                                                                    produces any amount of clinker.
40 CFR 60.61(g)..................................................  Add the definition of ``rolling average'' to
                                                                    clarify the length of time considered in
                                                                    developing the average.
40 CFR 60.61(h)..................................................  Add the definition of ``run average'' to
                                                                    clarify that the run average means the
                                                                    average of the recorded parameter values,
                                                                    not the 1-minute parameter values, for a
                                                                    run.
40 CFR 60.62(a)(1)(i)............................................  Add the missing paragraph listing the current
                                                                    PM mission limit for kilns constructed,
                                                                    reconstructed or modified after August 17,
                                                                    1971, but on or before June 16, 2008.

[[Page 68825]]

 
40.CFR 60.62(a)(2)...............................................  Add the missing paragraph listing the opacity
                                                                    limit for kilns constructed, reconstructed,
                                                                    or modified after August 17, 1971 but on or
                                                                    before June 16, 2008.
40 CFR 60.62(b)(1)(iii)..........................................  Add the missing paragraph listing the current
                                                                    PM emission limit for clinker coolers
                                                                    constructed, reconstructed or modified after
                                                                    August 17, 1971, but on or before June 16,
                                                                    2008.
40 CFR 60.62(b)(1)(iv)...........................................  Add the missing paragraph listing the opacity
                                                                    limit for clinker coolers constructed,
                                                                    reconstructed or modified after August 17,
                                                                    1971, but on or before June 16, 2008.
40 CFR 60.62(d)..................................................  Revise this paragraph to clarify that you are
                                                                    subject to an applicable less stringent
                                                                    requirement until the time you are in
                                                                    compliance with an applicable more stringent
                                                                    requirement: Under NSPS, CAA section 111,
                                                                    you are not subject to two different
                                                                    subparts at the same time for a given
                                                                    pollutant.
40 CFR 60.62(e)..................................................  Add a paragraph to clarify that the
                                                                    compliance date for all revised monitoring
                                                                    and recordkeeping requirements contained in
                                                                    the rule will be the same as listed in 40
                                                                    CFR 63.1351(c) unless you commenced
                                                                    construction as of June 16, 2008, at which
                                                                    time the compliance date is November 8,
                                                                    2010, or upon startup, whichever is later.
40 CFR 60.63(c)(1)...............................................  Revise this paragraph to change reference
                                                                    paragraph from Section 60.8 to Sections
                                                                    60.62(a)(1)(ii) and 60.62(a)(1)(iii).
40 CFR 60.63(c)(2)(i) and (iii)..................................  Revise these paragraphs to clarify that your
                                                                    PM continuous parameter monitoring system
                                                                    (CPMS) must provide either a milliamp or
                                                                    digital signal output.
40 CFR 60.63(c)(3)...............................................  Revise this paragraph to clarify that your PM
                                                                    CPMS must provide either a milliamp or
                                                                    digital signal output.
40 CFR 60.63(c)(4)(ii), (iii) and (iv), and 60.63(c)(5) and (6)..  Revise these paragraphs to clarify that your
                                                                    PM CPMS must provide either a milliamp or
                                                                    digital signal output, replace terms X1 and
                                                                    Y2 with subscripts X1 and Y2; and revise
                                                                    definition of the term X1 to correct a
                                                                    typographical error, changing the word
                                                                    ``you'' to ``your''.
40 CFR 60.63(c)(7)...............................................  Revise this paragraph to clarify that for
                                                                    each performance test, you must conduct at
                                                                    least three separate test runs each while
                                                                    the mill is on and the mill is off.
40 CFR 60.63(c)(7)...............................................  Revise this paragraph to clarify that you
                                                                    must use a time weighted average of the
                                                                    results from three consecutive runs to
                                                                    determine compliance.
40 CFR 60.64(c)(2)...............................................  Remove this paragraph since this is not an
                                                                    allowable action.
----------------------------------------------------------------------------------------------------------------


              Table 3--Miscellaneous, Proposed Technical Corrections to 40 CFR Part 63, Subpart LLL
----------------------------------------------------------------------------------------------------------------
                      Section of subpart LLL                             Description of proposed correction
----------------------------------------------------------------------------------------------------------------
40 CFR 63.1341...................................................  Revise the definition of ``rolling average''
                                                                    to clarify the length of time considered in
                                                                    developing the average.
40 CFR 63.1341...................................................  Revise the definition of ``operating day'' to
                                                                    clarify that the 24 hour period beginning at
                                                                    12:00 midnight covers the time the kiln
                                                                    produces any amount of clinker.
40 CFR 63.1341...................................................  Revise the definition of ``run average'' to
                                                                    clarify that the run average means the
                                                                    average of the recorded parameter values,
                                                                    not the 1-minute parameter values, for a
                                                                    run. Also add this definition to the NSPS.
40 CFR 63.1343(a)................................................  Revise this paragraph to clarify that the 30-
                                                                    day period means all operating hours within
                                                                    30 consecutive kiln operating days.
40 CFR 63.1343(b)................................................  Revise footnote (1) of the table to clarify
                                                                    PM performance tests are based on three test
                                                                    runs using Method 5 or 5I.
40 CFR 63.1343(b)................................................  Add footnote (1) to item number 4 in Table 1,
                                                                    which references the use of Method 5 or 5I
                                                                    for PM performance tests.
40 CFR 63.1343(b)(2).............................................  Revise this paragraph to clarify that
                                                                    Equation 2 applies both to kilns that
                                                                    combine kiln exhaust, clinker cooler gas,
                                                                    and/or coal mill and alkali bypass exhaust.
40 CFR 63.1343(d)................................................  Revise this paragraph to include a reference
                                                                    to emission limits applicable until
                                                                    September 9, 2015.
40 CFR 63.1346(g)(3).............................................  Add the term ``hazardous air pollutants'' to
                                                                    this paragraph to clarify that referenced
                                                                    air pollution control devices are HAP
                                                                    control devices, and revise paragraph to
                                                                    include a temperature parameter.
40 CFR 63.1348(a)(4)(iv) and (v).................................  Revise this paragraph to clarify that the
                                                                    requirement is based on a time weighted
                                                                    average.
40 CFR 63.1348(b)(1)(iii)........................................  Revise this paragraph to clarify you may not
                                                                    use data recorded during control device
                                                                    malfunctions to report emissions or
                                                                    operating levels.
40 CFR 63.1349(b)(1)(i)(C).......................................  Remove ``2 hour'' reference in this
                                                                    paragraph, which was just an example and not
                                                                    a requirement for duration of test runs.
40 CFR 63.1349(b)(1)(i), (ii), and (iii).........................  Revise paragraphs to clarify that your PM
                                                                    CPMS must provide either a milliamp or
                                                                    digital signal output.
40 CFR 63.1349(b)(1)(iii)(C).....................................  Revise definition of the term X1 to correct a
                                                                    typographical error, changing the word
                                                                    ``you'' to ``your.''
40 CFR 63.1349(b)(1)(iii)(D) through 63.1349(b)(1)(v)............  Revise these paragraphs to clarify that your
                                                                    operating limit must be expressed in
                                                                    milliamps or the digital equivalent.
40 CFR 63.1349(b)(1)(vi).........................................  Revise this paragraph to clarify that for
                                                                    each performance test, you must conduct at
                                                                    least three separate test runs each while
                                                                    the mill is on and the mill is off, and also
                                                                    clarify that you must calculate a time
                                                                    weighted average.
40 CFR 63.1349(b)(1)(viii).......................................  Revise Equation 8 to correct the label for
                                                                    combined hourly emission rate of PM from Ec
                                                                    to Ecm.
40 CFR 63.1349(b)(1)(ix).........................................  Revise this paragraph to clarify the time
                                                                    weighted average emissions are to be
                                                                    calculated using 40 CFR 63.1349(b)(1)(i).
40 CFR 63.1349(b)(3)(iii)........................................  Revise this paragraph to clarify that average
                                                                    temperatures must be calculated for each run
                                                                    instead of hourly temperatures.
40 CFR 63.1349(b)(4)(iii)........................................  Revise equation 9 to correct a typographical
                                                                    error by adding the terms, ``Qab'' and
                                                                    ``Qcm'' to the denominator.

[[Page 68826]]

 
40 CFR 63.1349(b)(5)(ii).........................................  Revise definitions of ``n'' and ``P'' to
                                                                    clarify hours used in the calculation are
                                                                    for the previous 30 kiln operating day
                                                                    periods and include requirement that data
                                                                    must be based on qualified data.
40 CFR 63.1349(b)(6)(iii)........................................  Revise this paragraph to clarify that the SO2
                                                                    operating limit used must be based on an
                                                                    average recorded during the HCl stack test
                                                                    run that demonstrates compliance with the
                                                                    emission limit.
40 CFR 63.1349(b)(6)(iv).........................................  Revise equation 11 to correct a typographical
                                                                    error by adding the terms, ``Qab'' and
                                                                    ``Qcm'' to the denominator.
40 CFR 63.1349(b)(7).............................................  Revise this paragraph to correct a
                                                                    typographical error by changing reference to
                                                                    paragraph (a)(4) to paragraph (b)(4).
40 CFR 63.1349(b)(7)(ii) and (iii)...............................  Revise these two paragraphs to clarify
                                                                    calculations are from the output recorded
                                                                    during the 3 hour test, which also must be
                                                                    from both the three raw mill on and three
                                                                    raw mill off test runs.
40 CFR 63.1349(b)(7)(v)..........................................  Add this paragraph to clarify that if you
                                                                    have an inline coal mill, you must measure
                                                                    at the coal mill inlet and calculate a
                                                                    weighted average for all emission sources
                                                                    including the coal mill and the alkali
                                                                    bypass. Note adding this paragraph changes
                                                                    the subsequent numbering of paragraphs in
                                                                    this section.
40 CFR 63.1349(b)(7)(vii)........................................  Revise this paragraph to add the word
                                                                    ``that'' for clarity regarding the
                                                                    demonstration that average organic HAP
                                                                    emission levels are at or above 75 percent
                                                                    of your emission limit.
40 CFR 63.1349(b)(7)(viii)(B)....................................  Revise this paragraph to remove a comma after
                                                                    the word ``value.''
40 CFR 63.1349(b)(7)(xii)........................................  Remove the term ``highest load or capacity''
                                                                    since the load level is already defined
                                                                    under the performance testing requirements,
                                                                    general provisions, 40 CFR 60.8(c).
40 CFR 63.1349(b)(7)(xiii)(B)....................................  Clarify the compliance test is based on a 30
                                                                    month test instead of an annual test.
40 CFR 63.1349(b)(8).............................................  Revise this paragraph to clarify that you
                                                                    must establish an SO2 operating limit equal
                                                                    to the average recorded output during the
                                                                    HCl stack test.
40 CFR 63.1349(b)(8)(ii).........................................  Revise this paragraph to clarify that the
                                                                    average SO2 concentration must be calculated
                                                                    from the recorded output instead of the 1-
                                                                    minute averages.
40 CFR 63.1349(b)(8)(vi).........................................  Revise this paragraph to correct a
                                                                    typographical error by replacing ``THC''
                                                                    with ``HCl'' when calculating the limit as
                                                                    the weighted average of HCl levels measured.
40 CFR 63.1349(b)(8)(vii)........................................  Revise this paragraph to include a proposed
                                                                    scaling alternative if the average of the
                                                                    three HCl compliance tests determines that
                                                                    the HCl emissions are below 75 percent of
                                                                    the HCl emissions limit.
40 CFR 63.1349(b)(8)(x)(B).......................................  Revise this paragraph to replace ``annual''
                                                                    with ``periodic'' which is more relevant to
                                                                    the timing of the performance test.
40 CFR 63.1350(a)(2).............................................  Remove this provision since it no longer
                                                                    applies. See 78 FR 10015.
40 CFR 63.1350(i)(1).............................................  Revise this paragraph to clarify that both
                                                                    Performance Specification 8 and Performance
                                                                    Specification 8a are acceptable performance
                                                                    specifications for compliance with this
                                                                    paragraph.
40 CFR 63.1350(i)(2).............................................  Revise this paragraph to clarify that
                                                                    performance tests on alkali bypass and coal
                                                                    mill stacks must be repeated every 30 months
                                                                    instead of annually.
40 CFR 63.1350(j)................................................  Revise this paragraph to clarify that both
                                                                    Performance Specification 8 and Performance
                                                                    Specification 8a are acceptable performance
                                                                    specifications for compliance with this
                                                                    paragraph.
40 CFR 63.1350(k)(2).............................................  Revise this paragraph to clarify that you
                                                                    must use one of the three options, not one
                                                                    of the two options in paragraphs (k)(2)(i)
                                                                    and (ii) of this section to quality assure
                                                                    data measured above the span value.
40 CFR 63.1350(k)(5)(iv).........................................  Revise this paragraph to add the alkali
                                                                    bypass as being subject to this requirement.
40 CFR 63.1350(l)................................................  Revise paragraphs in this section to clarify
                                                                    the measurement span value range is 0 to 10
                                                                    ppmvw, and to add one more option in
                                                                    paragraphs (l)(1)(ii)(A through C) to
                                                                    quality assure data measured above the span
                                                                    value.
40 CFR 63.1350(n)................................................  Amend this paragraph to clarify that this
                                                                    section is applicable when use of a CEMS is
                                                                    required.
40 CFR 63.1350(n)(1).............................................  Amend this paragraph to remove reference to
                                                                    the location for installing each sensor of
                                                                    the flow rate monitoring system relative to
                                                                    the sampling location of the PM CEMS, since
                                                                    the sensor of each flow rate monitoring
                                                                    system is not applicable for PM in this
                                                                    section.
40 CFR 63.1350(o)................................................  Remove the phrase, ``except for emission
                                                                    standards for THC'' from the section.
40 CFR 63.1350(o)(3).............................................  Revise this paragraph to correct a
                                                                    typographical error by replacing the term
                                                                    ``(m)(3)(i)'' with ``(o)(3)(i).''
40 CFR 63.1354(b)(9).............................................  Revise this paragraph to clarify reports to
                                                                    be submitted semiannually to the Compliance
                                                                    and Emissions Data Reporting Interface
                                                                    (CEDRI).
40 CFR 63.1354(b)(9)(i)..........................................  Revise this paragraph to clarify intent of
                                                                    section and to correct a typographical error
                                                                    by replacing the reference ``1344'' with
                                                                    ``1346.''
40 CFR 63.1354(b)(9)(ii).........................................  Revise this paragraph to clarify intent of
                                                                    section and to correct a typographical error
                                                                    by replacing the reference ``1350(f)(7)''
                                                                    with ``1350(g)(1)(iii).''
40 CFR 63.1354(b)(9)(iii)........................................  Revise this paragraph to clarify intent of
                                                                    section and to correct a typographical error
                                                                    by replacing the reference ``63.1344(c)''
                                                                    with ``63.1346(c)(2.)''
40 CFR 63.1354(b)(9)(iv).........................................  Revise this paragraph to clarify intent of
                                                                    section and to correct a typographical error
                                                                    by replacing the reference ``63.1350(i)''
                                                                    with ``63.1347(a)(3).''
40 CFR 63.1354(b)(9)(v)..........................................  Revise this paragraph to clarify intent of
                                                                    section and to correct a typographical error
                                                                    by replacing the reference ``63.1350(a)''
                                                                    with ``63.1347(a).''
40 CFR 63.1354(b)(9)(vi).........................................  Revise this paragraph to clarify that Dioxin/
                                                                    Furans and PM CPMS monitoring systems are
                                                                    subject to this section.
40 CFR 63.1354(b)(9)(viii) through (x)...........................  Add these paragraphs of requirements listed
                                                                    in the NSPS, 40 CFR 60.64, but were
                                                                    inadvertently left out of 40 CFR 63.1354.
40 CFR 63.1356...................................................  Revise this section to clarify that you are
                                                                    subject to an applicable less stringent
                                                                    requirement until the time you are in
                                                                    compliance with an applicable more stringent
                                                                    requirement: Under NSPS, Section 111, you
                                                                    are not subject to two different subparts at
                                                                    the same time for a given pollutant.

[[Page 68827]]

 
40 CFR 63.1357...................................................  Remove this provision since it no longer
                                                                    applies: PM CEMS was replaced with PM CPMS
                                                                    in the February 2013 amendments. See 78 FR
                                                                    10007.
----------------------------------------------------------------------------------------------------------------

VII. Statutory and Executive Order Reviews

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'' under the 
terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is 
therefore not subject to review under Executive Orders 12866 and 13563 
(76 FR 3821, January 21, 2011).

B. Paperwork Reduction Act

    This action does not impose any new information collection burden. 
The EPA is not proposing any new information collection activities 
(e.g., monitoring, reporting, recordkeeping) as part of this action. 
The Office of Management and Budget (OMB) has previously approved the 
information collection requirements contained in the existing 
regulations under the provisions of the Paperwork Reduction Act, 44 
U.S.C. 3501 et seq. and has assigned OMB control number 2060-0416. The 
OMB control numbers for the EPA's regulations in 40 CFR are listed in 
40 CFR part 9.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act generally requires an agency to 
prepare a regulatory flexibility analysis of any rule subject to notice 
and comment rulemaking requirements under the Administrative Procedure 
Act or any other statute unless the agency certifies that the rule will 
not have a significant economic impact on a substantial number of small 
entities. Small entities include small businesses, small organizations 
and small governmental jurisdictions.
    For purposes of assessing the impacts of this action on small 
entities, small entity is defined as: (1) A small business as defined 
by the Small Business Administration's regulations at 13 CFR 121.201; 
(2) a small governmental jurisdiction that is a government of a city, 
county, town, school district or special district with a population of 
less than 50,000; and (3) a small organization that is any not-for-
profit enterprise which is independently owned and operated and is not 
dominant in its field.
    After considering the economic impacts of this proposed rule on 
small entities, I certify that this action will not have a significant 
economic impact on a substantial number of small entities. This 
proposed rule will not impose any new requirements on small entities. 
We continue to be interested in the potential impacts of the proposed 
rule on small entities and welcome comments on issues related to such 
impacts.

D. Unfunded Mandates Reform Act

    This action does not contain a federal mandate that may result in 
expenditures of $100 million or more for state, local and tribal 
governments, in the aggregate, or the private sector in any one year. 
This action proposes minor changes to the rule to correct and clarify 
technical issues raised by stakeholders and, thus, does not exceed 
estimated costs developed for the final rule (refer to final Technical 
Support Document EPA-HQ-OAR-2011-0817-0845). Thus, this rule is not 
subject to the requirements of section 202 and 205 of the UMRA. This 
rule is also not subject to the requirements of section 203 of UMRA 
because it contains no regulatory requirements that might significantly 
or uniquely affect small governments. This action contains no 
requirements that apply to such governments, imposes no obligations 
upon them and will not result in expenditures by them of $100 million 
or more in any one year or incur any disproportionate impacts on them.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have 
substantial direct effects on the states, on the relationship between 
the national government and the states, or on the distribution of power 
and responsibilities among the various levels of government, as 
specified in Executive Order 13132. This action seeks comment on 
proposed technical corrections to the NESHAP for Portland Cement 
Manufacturing sources located at major sources of HAP without proposing 
any changes to the rule. Thus, Executive Order 13132 does not apply to 
this action.
    In the spirit of Executive Order 13132, and consistent with EPA 
policy to promote communications between the EPA and state and local 
governments, the EPA specifically solicits comment on this proposed 
action from state and local officials.

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

    This action does not have tribal implications, as specified in 
Executive Order 13175 (65 FR 67249, November 9, 2000). This action will 
not have substantial direct effects on tribal governments, on the 
relationship between the federal government and Indian tribes or on the 
distribution of power and responsibilities between the federal 
government and Indian tribes, as specified in Executive Order 13175. 
Thus, Executive Order 13175 does not apply to this action.
    The EPA specifically solicits additional comment on this proposed 
action from tribal officials.

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

    The EPA interprets Executive Order 13045 (62 FR 19885, April 23, 
1997) as applying to those regulatory actions that concern health or 
safety risks, such that the analysis required under section 5-501 of 
the Executive Order has the potential to influence the regulation. This 
action is not subject to Executive Order 13045 because it is based 
solely on technology performance.

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

    This action is not subject to Executive Order 13211 (66 FR 28355 
(May 22, 2001) because it is not a significant regulatory action under 
Executive Order 12866.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act (NTTAA) of 1995, Public Law 104-113, 12(d), (15 U.S.C. 272 note) 
directs the EPA to use voluntary consensus standards (VCS) in its 
regulatory activities, unless to do so would be inconsistent with 
applicable law or otherwise impractical. The VCS are technical 
standards (e.g., materials specifications, test methods, sampling

[[Page 68828]]

procedures and business practices) that are developed or adopted by VCS 
bodies. The NTTAA directs the EPA to provide Congress, through OMB, 
explanations when the agency does not use available and applicable VCS.
    This proposed rule does not involve technical standards. Therefore, 
the EPA is not considering the use of any VCS.

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

    Executive Order 12898 (59 FR 7629, Feb. 16, 1994) establishes 
federal executive policy on environmental justice. Its main provision 
directs federal agencies, to the greatest extent practicable and 
permitted by law, to make environmental justice part of their mission 
by identifying and addressing, as appropriate, disproportionately high 
and adverse human health or environmental effects of their programs, 
policies and activities on minority populations and low-income 
populations in the United States.
    An analysis of demographic data was prepared for the 2010 final 
rule and can be found in the docket for that rulemaking (See docket 
item EPA-HQ-OAR-2011-0817). The impacts of the 2010 rule, which assumed 
full compliance, are expected to be unchanged as a result of this 
action. Therefore, beginning from the date of full compliance, the EPA 
has determined that the proposed rule will not have disproportionately 
high and adverse human health or environmental effects on minority or 
low-income populations because it increases the level of environmental 
protection for all affected populations without having any 
disproportionately high and adverse human health or environmental 
effects on any population, including any minority or low-income 
populations. In addition, the full benefits of this final rule will not 
result until 2015 due to the final amended compliance date but the 
demographic analysis showed that the average of populations in close 
proximity to the sources, and thus most likely to be affected by the 
sources, were similar in demographic composition to national averages.

List of Subjects

40 CFR Part 60

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

40 CFR Part 63

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

    Dated: November 4, 2014.
Gina McCarthy,
Administrator.
    For the reasons stated in the preamble, title 40, chapter I, of the 
Code of Federal Regulations is proposed to be amended 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.

Subpart F--[Amended]

0
2. Section 60.61 is amended by:
0
a. Revising paragraph (f).
0
b. Adding paragraphs (g) and (h).
    The revision and addition read as follows:
* * * * *


Sec.  60.61  Definitions.

* * * * *
    (f) Operating day means a 24-hour period beginning at 12:00 
midnight during which the kiln produces clinker at any time. For 
calculating Rolling Average emissions, an operating day does not 
include the hours of operation during startup or shutdown.
    (g) Rolling average means the weighted average of all data, meeting 
QA/QC requirements or otherwise normalized, collected during the 
applicable averaging period. The period of a rolling average stipulates 
the frequency of data averaging and reporting; a thirty-day rolling 
average period requires calculation of a new average value each day 
that includes the average emissions over the previous thirty days 
divided by the total production during these same periods. A twelve 
month rolling average stipulates a new average value calculated each 
month that includes the average emissions over the previous twelve 
months divided by the total production during the same periods.
    (h) Run average means the average of the recorded parameter values 
for a run.
0
3. Section 60.62 is amended by:
0
a. Adding paragraphs (a)(1)(i), (a)(2), (b)(1)(iii), (b)(1)(iv), and 
(e).
0
b. Revising paragraph (d).
    The additions and revision read as follows:


Sec.  60.62  Standards.

    (a) * * *
    (1) Contain particulate matter (PM) in excess of:
    (i) 0.30 pounds per ton of feed (dry basis) to the kiln for kilns 
constructed, reconstructed, or modified after August 17, 1971 but on or 
before June 16, 2008.
* * * * *
    (2) Exhibit greater than 20 percent opacity for kilns constructed, 
reconstructed, or modified after August 17, 1971 but on or before June 
16, 2008, except that this opacity limit does not apply to any kiln 
subject to a PM limit in paragraph (a)(1) of this section that uses a 
PM continuous parametric monitoring system (CPMS).
* * * * *
    (b) * * *
    (1) * * *
    (iii) 0.10 lb per ton of feed (dry basis) for clinker coolers 
constructed, reconstructed, or modified after August 17, 1971 but on or 
before June 16, 2008.
    (iv) 10 percent opacity for clinker coolers constructed, 
reconstructed, or modified after August 17, 1971 but on or before June 
16, 2008.
* * * * *
    (d) If you have an affected source subject to this subpart with a 
different emissions limit or requirement for the same pollutant under 
another regulation in title 40 of this chapter, once you are in 
compliance with the most stringent emissions limit or requirement, you 
are not subject to the less stringent requirement. Until you are in 
compliance with the more stringent limit, the less stringent limit 
continues to apply.
    (e) The compliance date for all revised monitoring and 
recordkeeping requirements contained in this rule will be the same as 
listed in 63.1351(c) unless you commenced construction as of June 16, 
2008, at which time the compliance date is November 8, 2010 or upon 
startup, whichever is later.
0
4. Section 60.63 is amended by revising paragraphs (c)(1), (c)(2)(i), 
(c)(2)(iii), (c)(3), (c)(4)(ii), (c)(4)(iii), (c)(4)(iv), (c)(5), 
(c)(6), and (c)(7) to read as follows:


Sec.  60.63  Monitoring of operations.

* * * * *
    (c) *** (1) For each kiln or clinker cooler subject to a PM 
emissions limit in Sec.  60.62(a)1(ii) and 60.62(a)1(iii), you must 
demonstrate compliance through an initial performance test. You will 
conduct your performance test using Method 5 or Method 5I at appendix 
A-3 to part 60 of this chapter. You must also monitor continuous 
performance through use of a PM CPMS.

[[Page 68829]]

    (2) * * *
    (i) Your PM CPMS must provide a 4-20 milliamp or digital signal 
output and the establishment of its relationship to manual reference 
method measurements must be determined in units of milliamps or the 
monitors digital equivalent.
* * * * *
    (iii) During the initial performance test or any such subsequent 
performance test that demonstrates compliance with the PM limit, record 
and average all milliamp or digital output values from the PM CPMS for 
the periods corresponding to the compliance test runs (e.g., average 
all your PM CPMS output values for three corresponding 2-hour Method 5I 
test runs).
    (3) Determine your operating limit as specified in paragraphs 
(c)(4)(i) through (c)(5) of this section. If your PM performance test 
demonstrates your PM emission levels to be below 75 percent of your 
emission limit, you will use the average PM CPMS value recorded during 
the PM compliance test, the milliamp or digital equivalent of zero 
output from your PM CPMS, and the average PM result of your compliance 
test to establish your operating limit. If your PM compliance test 
demonstrates your PM emission levels to be at or above 75 percent of 
your emission limit, you will use the average PM CPMS value recorded 
during the PM compliance test to establish your operating limit. You 
must verify an existing or establish a new operating limit after each 
repeated performance test. You must repeat the performance test at 
least annually and reassess and adjust the site-specific operating 
limit in accordance with the results of the performance test.
    (4) * * *
    (ii) * * *

X<INF>1</INF> = The PM CPMS data points for the three runs 
constituting the performance test.
Y<INF>1</INF> = The PM concentration value for the three runs 
constituting the performance test, and
n = The number of data points.

    (iii) With your PM CPMS instrument zero expressed in milliamps or a 
digital value, your three run average PM CPMS milliamp or digital 
signal value, and your three run average PM concentration from your 
three PM performance test runs, determine a relationship of lb/ton-
clinker per milliamp with equation 2.
[GRAPHIC] [TIFF OMITTED] TP19NO14.019

Where:

R = The relative lb/ton clinker per milliamp for your PM CPMS.
Y<INF>1</INF> = The three run average PM lb/ton clinker.
X<INF>1</INF> = The three run average milliamp output from your PM 
CPMS.
z = the milliamp equivalent of your instrument zero determined from 
(c)(4)(i) of this section.

    (iv) Determine your source specific 30-day rolling average 
operating limit using the lb/ton-clinker per milliamp or digital signal 
value from Equation 2 above in Equation 3, below. This sets your 
operating limit at the PM CPMS output value corresponding to 75 percent 
of your emission limit.
[GRAPHIC] [TIFF OMITTED] TP19NO14.041

Where:

O<INF>l</INF> = The operating limit for your PM CPMS on a 30-day 
rolling average, in milliamps or the digital equivalent.
L = Your source emission limit expressed in lb/ton clinker.
z = Your instrument zero in milliamps or a digital equivalent, 
determined from (1)(i).
R = The relative lb/ton-clinker per milliamp or digital equivalent, 
for your PM CPMS, from Equation 2.

    (5) If the average of your three PM compliance test runs is at or 
above 75 percent of your PM emission limit, you must determine your 
operating limit by averaging the PM CPMS milliamp output corresponding 
to your three PM performance test runs that demonstrate compliance with 
the emission limit using Equation 4.
[GRAPHIC] [TIFF OMITTED] TP19NO14.020

Where:

X<INF>1</INF> = The PM CPMS data points for all runs i.
n = The number of data points.
O<INF>h</INF> = Your site specific operating limit, in milliamps or 
digital equivalent.

    (6) To determine continuous compliance, you must record the PM CPMS 
output data for all periods when the process is operating, and use all 
the PM CPMS data for calculations when the source is not out-of-
control. You must demonstrate continuous compliance by using all 
quality-assured hourly average data collected by the PM CPMS for all 
operating hours to calculate the arithmetic average operating parameter 
in units of the operating limit (milliamps or the digital equivalent) 
on a 30 operating day rolling average basis, updated at the end of each 
new kiln operating day. Use Equation 5 to determine the 30 kiln 
operating day average.
[GRAPHIC] [TIFF OMITTED] TP19NO14.021

Where:

Hpvi = The hourly parameter value for hour i.
n = The number of valid hourly parameter values collected over the 
previous 30 kiln operating days.

    (7) Use EPA Method 5 or Method 5I of appendix A to part 60 of this 
chapter to determine PM emissions. For each performance test, conduct 
at least three separate runs each while the mill is on and the mill is 
off under the conditions that exist when the affected source is 
operating at the highest load or capacity level reasonably expected to 
occur. Conduct each test run to collect a minimum sample volume of 2 
dscm for determining compliance with a new source limit and 1 dscm for 
determining compliance with an existing source limit. Calculate the 
time weighted average of the results from three consecutive runs to 
determine compliance. You need not determine the particulate matter 
collected in the impingers (``back half'') of the Method 5 or Method 5I 
particulate sampling train to demonstrate compliance with the PM 
standards of this subpart. This shall not preclude the permitting 
authority from requiring a determination of the ``back half'' for other 
purposes.

[[Page 68830]]

    (8) * * *
* * * * *
0
5. Section 60.64 is amended by removing and reserving paragraph (c)(2) 
to read as follows:


Sec.  60.64  Test methods and procedures.

* * * * *
    (2) [Reserved]
* * * * *

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

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

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

Subpart LLL--[Amended]

0
7. Section 63.1341 is amended by revising the definitions for 
``Operating day'', ``Rolling average'', and ``Run average'' to read as 
follows:


Sec.  63.1341  Definitions.

* * * * *
    Operating day means any 24-hour period beginning at 12:00 midnight 
during which the kiln produces any amount of clinker. For calculating 
the rolling average emissions, kiln operating days do not include the 
hours of operation during startup or shutdown.
* * * * *
    Rolling average means the weighted average of all data, meeting QA/
QC requirements or otherwise normalized, collected during the 
applicable averaging period. The period of a rolling average stipulates 
the frequency of data averaging and reporting; a thirty-day rolling 
average period requires calculation of a new average value each day 
that includes the average emissions over the previous thirty days 
divided by the total production during these same periods. A twelve 
month rolling average stipulates a new average value calculated each 
month that includes the average emissions over the previous twelve 
months divided by the total production during the same periods.
    Run average means the average of the recorded parameter values for 
a run.
* * * * *
0
8. Section 63.1343 is amended by revising paragraphs (a), Table 1 in 
paragraph (b)(1), (b)(2), and (d) to read as follows:


Sec.  63.1343  What standards apply to my kilns, clinker coolers, raw 
material dryers, and open clinker storage piles?

    (a) General. The provisions in this section apply to each kiln and 
any alkali bypass associated with that kiln, clinker cooler, raw 
material dryer, and open clinker storage pile. All D/F, HCl, and total 
hydrocarbon (THC) emissions limit are on a dry basis. The D/F, HCl, and 
THC limits for kilns are corrected to 7 percent oxygen. All THC 
emissions limits are measured as propane. Standards for mercury and THC 
are based on a rolling 30-day average. If using a CEMS to determine 
compliance with the HCl standard, this standard is based on a rolling 
30-day average. You must ensure appropriate corrections for moisture 
are made when measuring flow rates used to calculate mercury emissions. 
The 30-day period means all operating hours within 30 consecutive kiln 
operating days excluding periods of startup and shutdown. All emissions 
limits for kilns, clinker coolers, and raw material dryers currently in 
effect that are superseded by the limits below continue to apply until 
the compliance date of the limits below, or until the source certifies 
compliance with the limits below, whichever is earlier.
    (b)(1) * * *

                             Table 1--Emissions Limits for Kilns, Clinker Coolers, Raw Material Dryers, Raw and Finish Mills
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                     And the operating mode   And if is located at   Your emissions limits   And the units of the  The oxygen correction
     If your source is a (an):                 is:                     a:                     are:           emissions limit are:        factor is:
--------------------------------------------------------------------------------------------------------------------------------------------------------
1. Existing kiln...................  Normal operation......  Major or area source..  PM \1\ 0.07..........  lb/ton clinker.......  NA.
                                                                                     D/F \2\ 0.2..........  ng/dscm (TEQ)........  7 percent.
                                                                                     Mercury 55...........  lb/MM tons...........  NA.
                                                                                     THC 3 4 24...........  clinker ppmvd........  7 percent.
2. Existing kiln...................  Normal operation......  Major source..........  HCl 3................  ppmvd................  7 percent.
3. Existing kiln...................  Startup and shutdown..  Major or area source..  Work practices         NA...................  NA.
                                                                                      (63.1346(f)).
4. New kiln........................  Normal operation......  Major or area source..  PM \1\ 0.02..........  lb/ton clinker.......  NA.
                                                                                     D/F \2\ 0.2..........  ng/dscm (TEQ)........  7 percent.
                                                                                     Mercury 21...........  lb/MM tons...........  NA.
                                                                                     THC 3 4 24...........  clinker ppmvd........  7 percent.
5. New kiln........................  Normal operation......  Major source..........  HCl 3................  ppmvd................  7 percent.
6. New kiln........................  Startup and shutdown..  Major or area source..  Work practices         NA...................  NA.
                                                                                      (63.1346(f)).
7. Existing clinker cooler.........  Normal operation......  Major or area source..  PM 0.07..............  lb/ton clinker.......  NA.
8. Existing clinker cooler.........  Startup and shutdown..  Major or area source..  Work practices         NA...................  NA.
                                                                                      (63.1348(b)(9)).
9. New clinker cooler..............  Normal operation......  Major or area source..  PM 0.02..............  lb/ton clinker.......  NA.
10. New clinker cooler.............  Startup and shutdown..  Major or area source..  Work practices         NA...................  NA.
                                                                                      (63.1348(b)(9)).
11. Existing or new raw material     Normal operation......  Major or area source..  THC 3 4 24...........  ppmvd................  NA.
 dryer.
12. Existing or new raw material     Startup and shutdown..  Major or area source..  Work practices         NA...................  NA.
 dryer.                                                                               (63.1348(b)(9)).
13. Existing or new raw or finish    All operating modes...  Major source..........  Opacity 10...........  percent..............  NA.
 mill.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The initial and subsequent PM performance tests are performed using Method 5 or 5I and consist of three test runs.
\2\ If the average temperature at the inlet to the first PM control device (fabric filter or electrostatic precipitator) during the D/F performance test
  is 400 [deg]F or less, this limit is changed to 0.40 ng/dscm (TEQ).
\3\ Measured as propane.
\4\ Any source subject to the 24 ppmvd THC limit may elect to meet an alternative limit of 12 ppmvd for total organic HAP.


[[Page 68831]]

    (2) When there is an alkali bypass and/or an inline coal mill with 
a separate stack associated with a kiln, the combined PM emissions from 
the kiln and the alkali bypass stack and/or the inline coal mill stack 
are subject to the PM emissions limit. Existing kilns that combine the 
clinker cooler exhaust and/or coal mill exhaust with the kiln exhaust 
and send the combined exhaust to the PM control device as a single 
stream may meet an alternative PM emissions limit. This limit is 
calculated using Equation 1 of this section:

[GRAPHIC] [TIFF OMITTED] TP19NO14.044

Where:

PM<INF>alt</INF> = Alternative PM emission limit for commingled 
sources.
0.006 = The PM exhaust concentration (gr/dscf) equivalent to 0.070 
lb per ton clinker where clinker cooler and kiln exhaust gas are not 
combined.
1.65 = The conversion factor of ton feed per ton clinker.
Q<INF>k</INF> = The exhaust flow of the kiln (dscf/ton feed).
Q<INF>c</INF> = The exhaust flow of the clinker cooler (dscf/ton 
feed).
Q<INF>ab</INF> = The exhaust flow of the alkali bypass (dscf/ton 
feed).
Q<INF>cm</INF> = The exhaust flow of the coal mill (dscf/ton feed).
7000 = The conversion factor for grains (gr) per lb.

    For new kilns that combine kiln exhaust, clinker cooler gas and/or 
coal mill and alkali bypass exhaust, the limit is calculated using the 
Equation 2 of this section:

[GRAPHIC] [TIFF OMITTED] TP19NO14.045

Where:

PM<INF>alt</INF> = Alternative PM emission limit for commingled 
sources.
0.002 = The PM exhaust concentration (gr/dscf) equivalent to 0.020 
lb per ton clinker where clinker cooler and kiln exhaust gas are not 
combined.
1.65 = The conversion factor of ton feed per ton clinker.
Q<INF>k</INF> = The exhaust flow of the kiln (dscf/ton feed).
Q<INF>c</INF> = The exhaust flow of the clinker cooler (dscf/ton 
feed).
Q<INF>ab</INF> = The exhaust flow of the alkali bypass (dscf/ton 
feed).
Q<INF>cm</INF> = The exhaust flow of the coal mill (dscf/ton feed).
7000 = The conversion factor for gr per lb.
* * * * *
    (d) Emission limits in effect prior to September 9, 2010. Any 
source defined as an existing source in Sec.  63.1351, and that was 
subject to a PM, mercury, THC, D/F, or opacity emissions limit prior to 
September 9, 2010, must continue to meet the limits as shown in 76 FR 
2836 until September 9, 2015.
* * * * *
0
9. Section 63.1346 is amended by revising paragraph (g)(3)to read as 
follows:


Sec.  63.1346  Operating limits for kilns.

* * * * *
    (g) * * *
    (3) All air pollution control devices that control hazardous air 
pollutants must be turned on and operating at the time the gas stream 
to the air pollution control device reaches 300 degrees Fahrenheit. 
Temperature content to be measured at the inlet of the baghouse or ESP 
every fifteen minutes during startup until all HAP control devices are 
operating, and every fifteen minutes during shutdown until any 
activated carbon or lime injection systems are not operating.
* * * * *
0
10. Section 63.1348 is amended by revising paragraphs (a)(4)(iv), 
(a)(4)(v), and (b)(1)(iii) to read as follows:


Sec.  63.1348  Compliance requirements.

* * * * *
    (iv) The time weighted average total organic HAP concentration 
measured during the separate initial performance test specified by 
Sec.  63.1349(b)(7) must be used to determine initial compliance.
    (v) The time weighted average THC concentration measured during the 
initial performance test specified by Sec.  63.1349(b)(4) must be used 
to determine the site-specific THC limit. Using the fraction of time 
the inline kiln/raw mill is on and the fraction of time that the inline 
kiln/raw mill is off, calculate this limit as a time weighted average 
of the THC levels measured during raw mill on and raw mill off testing 
using one of the two approaches in Sec.  63.1349(b)(7)(vii) or (viii) 
depending on the level of organic HAP measured during the compliance 
test.
* * * * *
    (b) * * *
    (1) * * *
    (iii) You may not use data recorded during monitoring system 
malfunctions or repairs associated with monitoring system malfunctions 
in calculations used to report emissions or operating levels. A 
monitoring system malfunction is any sudden, infrequent, not reasonably 
preventable failure of the monitoring system to provide valid data. 
Monitoring system failures that are caused in part by poor maintenance 
or careless operation are not malfunctions. You must use all the data 
collected during all other periods in assessing the operation of the 
control device and associated control system.
* * * * *
0
10. Section 63.1349 is amended by revising paragraph (b) to read as 
follows:


Sec.  63.1349  Performance testing requirements.

* * * * *
    (b)(1) PM emissions tests. The owner or operator of a kiln subject 
to limitations on PM emissions shall demonstrate initial compliance by 
conducting a performance test using Method 5 or Method 5I at appendix 
A-3 to part 60 of this chapter. You must also monitor continuous 
performance through use of a PM continuous parametric monitoring system 
(PM CPMS).
    (i) For your PM CPMS, you will establish a site-specific operating 
limit. If your PM performance test demonstrates your PM emission levels 
to be below 75 percent of your emission limit you will use the average 
PM CPMS value recorded during the PM compliance test, the milliamp 
equivalent of zero output from your PM CPMS, and the average PM result 
of your compliance test to establish your operating limit. If your PM 
compliance test demonstrates your PM emission levels to be at or above 
75 percent of your emission limit you will use the average PM CPMS 
value recorded during the PM compliance test to establish your 
operating limit. You will use the PM CPMS to demonstrate continuous 
compliance with your operating limit. You must repeat the performance 
test annually and reassess and adjust the site-specific operating limit 
in accordance with the results of the performance test.
    (A) Your PM CPMS must provide a 4-20 milliamp or digital signal 
output and

[[Page 68832]]

the establishment of its relationship to manual reference method 
measurements must be determined in units of milliamps or the monitors 
digital equivalent.
    (B) Your PM CPMS operating range must be capable of reading PM 
concentrations from zero to a level equivalent to three times your 
allowable emission limit. If your PM CPMS is an auto-ranging instrument 
capable of multiple scales, the primary range of the instrument must be 
capable of reading PM concentration from zero to a level equivalent to 
three times your allowable emission limit.
    (C) During the initial performance test or any such subsequent 
performance test that demonstrates compliance with the PM limit, record 
and average all milliamp or digital output values from the PM CPMS for 
the periods corresponding to the compliance test runs (e.g., average 
all your PM CPMS output values for three corresponding Method 5I test 
runs).
    (ii) Determine your operating limit as specified in paragraphs 
(b)(1)(iii) through (iv) of this section. If your PM performance test 
demonstrates your PM emission levels to be below 75 percent of your 
emission limit you will use the average PM CPMS value recorded during 
the PM compliance test, the milliamp or digital equivalent of zero 
output from your PM CPMS, and the average PM result of your compliance 
test to establish your operating limit. If your PM compliance test 
demonstrates your PM emission levels to be at or above 75 percent of 
your emission limit you will use the average PM CPMS value recorded 
during the PM compliance test to establish your operating limit. You 
must verify an existing or establish a new operating limit after each 
repeated performance test. You must repeat the performance test at 
least annually and reassess and adjust the site-specific operating 
limit in accordance with the results of the performance test.
    (iii) If the average of your three Method 5 or 5I compliance test 
runs is below 75 percent of your PM emission limit, you must calculate 
an operating limit by establishing a relationship of PM CPMS signal to 
PM concentration using the PM CPMS instrument zero, the average PM CPMS 
values corresponding to the three compliance test runs, and the average 
PM concentration from the Method 5 or 5I compliance test with the 
procedures in (a)(1)(iii)(A) through (D) of this section.
    (A) Determine your PM CPMS instrument zero output with one of the 
following procedures.
    (1) Zero point data for in-situ instruments should be obtained by 
removing the instrument from the stack and monitoring ambient air on a 
test bench.
    (2) Zero point data for extractive instruments should be obtained 
by removing the extractive probe from the stack and drawing in clean 
ambient air.
    (3) The zero point may also be established by performing manual 
reference method measurements when the flue gas is free of PM emissions 
or contains very low PM concentrations (e.g., when your process is not 
operating, but the fans are operating or your source is combusting only 
natural gas) and plotting these with the compliance data to find the 
zero intercept.
    (4) If none of the steps in paragraphs (a)(1)(iii)(A)(1) through 
(3) of this section are possible, you must use a zero output value 
provided by the manufacturer.
    (B) Determine your PM CPMS instrument average in milliamps, and the 
average of your corresponding three PM compliance test runs, using 
equation 3.
[GRAPHIC] [TIFF OMITTED] TP19NO14.022


Where:

X<INF>1</INF> = The PM CPMS data points for the three runs 
constituting the performance test.
Y<INF>1</INF> = The PM concentration value for the three runs 
constituting the performance test.
n = The number of data points.

    (C) With your instrument zero expressed in milliamps or a digital 
value, your three run average PM CPMS milliamp or digital signal value, 
and your three run PM compliance test average, determine a relationship 
of lb/ton-clinker per milliamp with Equation 4.
[GRAPHIC] [TIFF OMITTED] TP19NO14.023


Where:

R = The relative lb/ton-clinker per milliamp for your PM CPMS.
Y<INF>1</INF> = The three run average lb/ton-clinker PM 
concentration.
X<INF>1</INF> = The three run average milliamp output from your PM 
CPMS.
z = The milliamp equivalent of your instrument zero determined from 
(b)(1)(iii)(A).

    (D) Determine your source specific 30-day rolling average operating 
limit using the lb/ton-clinker per milliamp or digital signal value 
from Equation 4 in Equation 5, below. This sets your operating limit at 
the PM CPMS output value corresponding to 75 percent of your emission 
limit.
[GRAPHIC] [TIFF OMITTED] TP19NO14.024


Where:

O<INF>l</INF> = The operating limit for your PM CPMS on a 30-day 
rolling average, in milliamps or the digital equivalent.
L = Your source emission limit expressed in lb/ton clinker.
z = Your instrument zero in milliamps, or digital equivalent, 
determined from (1)(i).
R = The relative lb/ton-clinker per milliamp, or digital equivalent, 
for your PM CPMS, from Equation 4.

    (iv) If the average of your three PM compliance test runs is at or 
above 75 percent of your PM emission limit you must determine your 
operating limit by averaging the PM CPMS milliamp output corresponding 
to your three PM performance test runs that demonstrate compliance with 
the emission limit using Equation 6.
[GRAPHIC] [TIFF OMITTED] TP19NO14.025


Where:

X<INF>1</INF> = The PM CPMS data points for all runs i.
n = The number of data points.
O<INF>h</INF> = Your site specific operating limit, in milliamps or 
the digital equivalent.

    (v) To determine continuous operating compliance, you must record 
the PM CPMS output data for all periods when the process is operating, 
and use all the PM CPMS data for calculations when the source is not 
out-of-control. You must demonstrate continuous compliance by using all 
quality-assured hourly average data collected by the PM CPMS for all 
operating hours to calculate the arithmetic average operating parameter 
in units of the operating limit (milliamps or the digital equivalent) 
on a 30 operating day rolling average basis, updated at the end of each 
new kiln operating day. Use Equation 7 to determine the 30 kiln 
operating day average.

[[Page 68833]]

[GRAPHIC] [TIFF OMITTED] TP19NO14.026

Where:

Hpvi = The hourly parameter value for hour i.
n = The number of valid hourly parameter values collected over 30 
kiln operating days.

    (vi) For each performance test, conduct at least three separate 
test runs each while the mill is on and the mill is off, under the 
conditions that exist when the affected source is operating at the 
highest load or capacity level reasonably expected to occur. Conduct 
each test run to collect a minimum sample volume of 2 dscm for 
determining compliance with a new source limit and 1 dscm for 
determining compliance with an existing source limit. Calculate the 
time weighted average of the results from three consecutive runs, 
including applicable sources as required by (D)(viii), to determine 
compliance. You need not determine the particulate matter collected in 
the impingers (``back half'') of the Method 5 or Method 5I particulate 
sampling train to demonstrate compliance with the PM standards of this 
subpart. This shall not preclude the permitting authority from 
requiring a determination of the ``back half'' for other purposes.
    (vii) For PM performance test reports used to set a PM CPMS 
operating limit, the electronic submission of the test report must also 
include the make and model of the PM CPMS instrument, serial number of 
the instrument, analytical principle of the instrument (e.g. beta 
attenuation), span of the instruments primary analytical range, 
milliamp value equivalent to the instrument zero output, technique by 
which this zero value was determined, and the average milliamp signals 
corresponding to each PM compliance test run.
    (viii) When there is an alkali bypass and/or an inline coal mill 
with a separate stack associated with a kiln, the main exhaust and 
alkali bypass and/or inline coal mill must be tested simultaneously and 
the combined emission rate of PM from the kiln and alkali bypass and/or 
inline coal mill must be computed for each run using Equation 8 of this 
section.
[GRAPHIC] [TIFF OMITTED] TP19NO14.027


Where:

E<INF>Cm</INF> = Combined hourly emission rate of PM from the kiln 
and bypass stack and/or inline coal mill, lb/ton of kiln clinker 
production.
E<INF>K</INF> = Hourly emissions of PM emissions from the kiln, lb.
E<INF>B</INF> = Hourly PM emissions from the alkali bypass stack, 
lb.
E<INF>C</INF> = Hourly PM emissions from the inline coal mill stack, 
lb.
P = Hourly clinker production, tons.

    (ix) The owner or operator of a kiln with an in-line raw mill and 
subject to limitations on PM emissions shall demonstrate initial 
compliance by conducting separate performance tests while the raw mill 
is under normal operating conditions and while the raw mill is not 
operating, and calculate the time weighted average emissions using 
63.1349(b)(1)(i) of this section.
    (2) Opacity tests. If you are subject to limitations on opacity 
under this subpart, you must conduct opacity tests in accordance with 
Method 9 of appendix A-4 to part 60 of this chapter. The duration of 
the Method 9 performance test must be 3 hours (30 6-minute averages), 
except that the duration of the Method 9 performance test may be 
reduced to 1 hour if the conditions of paragraphs (b)(2)(i) through 
(b)(2)(ii) of this section apply. For batch processes that are not run 
for 3-hour periods or longer, compile observations totaling 3 hours 
when the unit is operating.
    (i) There are no individual readings greater than 10 percent 
opacity;
    (ii) There are no more than three readings of 10 percent for the 
first 1-hour period.
    (3) D/F Emissions Tests. If you are subject to limitations on D/F 
emissions under this subpart, you must conduct a performance test using 
Method 23 of appendix A-7 to part 60 of this chapter. If your kiln or 
in-line kiln/raw mill is equipped with an alkali bypass, you must 
conduct simultaneous performance tests of the kiln or in-line kiln/raw 
mill exhaust and the alkali bypass. You may conduct a performance test 
of the alkali bypass exhaust when the raw mill of the in-line kiln/raw 
mill is operating or not operating.
    (i) Each performance test must consist of three separate runs 
conducted under representative conditions. The duration of each run 
must be at least 3 hours, and the sample volume for each run must be at 
least 2.5 dscm (90 dscf).
    (ii) The temperature at the inlet to the kiln or in-line kiln/raw 
mill PMCD, and, where applicable, the temperature at the inlet to the 
alkali bypass PMCD must be continuously recorded during the period of 
the Method 23 test, and the continuous temperature record(s) must be 
included in the performance test report.
    (iii) Average temperatures must be calculated for each run of the 
performance test.
    (iv) The run average temperature must be calculated for each run, 
and the average of the run average temperatures must be determined and 
included in the performance test report and will determine the 
applicable temperature limit in accordance with Sec.  63.1344(b).
    (v)(A) If sorbent injection is used for D/F control, you must 
record the rate of sorbent injection to the kiln exhaust, and where 
applicable, the rate of sorbent injection to the alkali bypass exhaust, 
continuously during the period of the Method 23 test in accordance with 
the conditions in Sec.  63.1350(m)(9), and include the continuous 
injection rate record(s) in the performance test report. Determine the 
sorbent injection rate parameters in accordance with paragraphs 
(b)(3)(vi) of this section.
    (B) Include the brand and type of sorbent used during the 
performance test in the performance test report.
    (C) Maintain a continuous record of either the carrier gas flow 
rate or the carrier gas pressure drop for the duration of the 
performance test. If the carrier gas flow rate is used, determine, 
record, and maintain a record of the accuracy of the carrier gas flow 
rate monitoring system according to the procedures in appendix A to 
part 75 of this chapter. If the carrier gas pressure drop is used, 
determine, record, and maintain a record of the accuracy of the carrier 
gas pressure drop monitoring system according to the procedures in 
Sec.  63.1350(m)(6).
    (vi) Calculate the run average sorbent injection rate for each run 
and determine and include the average of the run average injection 
rates in the performance test report and determine the applicable 
injection rate limit in accordance with Sec.  63.1346(c)(1).
    (4) THC emissions test. (i) If you are subject to limitations on 
THC emissions, you must operate a CEMS in accordance with the 
requirements in Sec.  63.1350(i). For the purposes of conducting the 
accuracy and quality assurance evaluations for CEMS, the THC span value 
(as propane) is 50 ppmvd and the

[[Page 68834]]

reference method (RM) is Method 25A of appendix A to part 60 of this 
chapter.
    (ii) Use the THC CEMS to conduct the initial compliance test for 
the first 30 kiln operating days of kiln operation after the compliance 
date of the rule. See 63.1348(a).
    (iii) If kiln gases are diverted through an alkali bypass or to a 
coal mill and exhausted through a separate stack, you must calculate a 
kiln-specific THC limit using Equation 9:

[GRAPHIC] [TIFF OMITTED] TP19NO14.028

Where:

Cks = Kiln stack concentration (ppmvd).
Qab = Alkali bypass flow rate (volume/hr).
Cab = Alkali bypass concentration (ppmvd).
Qcm = Coal mill flow rate (volume/hr).
Ccm = Coal mill concentration (ppmvd).
Qks = Kiln stack flow rate (volume/hr).

    (iv) THC must be measured either upstream of the coal mill or the 
coal mill stack.
    (v) Instead of conducting the performance test specified in 
paragraph (b)(4) of this section, you may conduct a performance test to 
determine emissions of total organic HAP by following the procedures in 
paragraphs (b)(7) of this section.
    (5) Mercury Emissions Tests. If you are subject to limitations on 
mercury emissions, you must operate a mercury CEMS or a sorbent trap 
monitoring system in accordance with the requirements of Sec.  
63.1350(k). The initial compliance test must be based on the first 30 
kiln operating days in which the affected source operates using a 
mercury CEMS or a sorbent trap monitoring system after the compliance 
date of the rule. See Sec.  63.1348(a).
    (i) If you are using a mercury CEMS or a sorbent trap monitoring 
system, you must install, operate, calibrate, and maintain an 
instrument for continuously measuring and recording the exhaust gas 
flow rate to the atmosphere according to the requirements in Sec.  
63.1350(k)(5).
    (ii) Calculate the emission rate using Equation 10 of this section:

    [GRAPHIC] [TIFF OMITTED] TP19NO14.029
    

Where:
E<INF>30D</INF> = 30-day rolling emission rate of mercury, lb/MM 
tons clinker.
C<INF>i</INF> = Concentration of mercury for operating hour i, 
[mu]g/scm.
Q<INF>i</INF> = Volumetric flow rate of effluent gas for operating 
hour i, where C<INF>i</INF> and Q<INF>i</INF> are on the same basis 
(either wet or dry), scm/hr.
k = Conversion factor, 1 lb/454,000,000 [mu]g.
n = Number of kiln operating hours in the previous 30 kiln operating 
day period where both C and Qi qualified data are available.
P = Total runs from the previous 30 days of clinker production 
during the same time period as the mercury emissions measured, 
million tons.

    (6) HCl emissions tests. For a source subject to limitations on HCl 
emissions you must conduct performance testing by one of the following 
methods:
    (i)(A) If the source is equipped with a wet scrubber, tray tower or 
dry scrubber, you must conduct performance testing using Method 321 of 
appendix A to this part unless you have installed a CEMS that meets the 
requirements Sec.  63.1350(l)(1). For kilns with inline raw mills, 
testing should be conducted for the raw mill on and raw mill off 
conditions.
    (B) You must establish site specific parameter limits by using the 
CPMS required in Sec.  63.1350(l)(1). For a wet scrubber or tray tower, 
measure and record the pressure drop across the scrubber and/or liquid 
flow rate and pH in intervals of no more than 15 minutes during the HCl 
test. Compute and record the 24-hour average pressure drop, pH, and 
average scrubber water flow rate for each sampling run in which the 
applicable emissions limit is met. For a dry scrubber, measure and 
record the sorbent injection rate in intervals of no more than 15 
minutes during the HCl test. Compute and record the 24-hour average 
sorbent injection rate and average sorbent injection rate for each 
sampling run in which the applicable emissions limit is met.
    (ii)(A) If the source is not controlled by a wet scrubber, tray 
tower or dry sorbent injection system, you must operate a CEMS in 
accordance with the requirements of Sec.  63.1350(l)(1). See Sec.  
63.1348(a).
    (B) The initial compliance test must be based on the 30 kiln 
operating days that occur after the compliance date of this rule in 
which the affected source operates using a HCl CEMS. Hourly HCl 
concentration data must be obtained according to Sec.  63.1350(l).
    (iii) As an alternative to paragraph (b)(6)(i)(B) of this section, 
you may choose to monitor SO<INF>2</INF> emissions using a CEMS in 
accordance with the requirements of Sec.  63.1350(l)(3). You must 
establish an SO<INF>2</INF> operating limit equal to the average 
recorded during the HCl stack test where the HCl stack test run result 
demonstrates compliance with the emission limit. This operating limit 
will apply only for demonstrating HCl compliance.
    (iv) If kiln gases are diverted through an alkali bypass or to a 
coal mill and exhausted through a separate stack, you must calculate a 
kiln-specific HCl limit using Equation 11:

[GRAPHIC] [TIFF OMITTED] TP19NO14.030


Where:

Cks = Kiln stack concentration (ppmvd).
Qab = Alkali bypass flow rate (volume/hr).
Cab = Alkali bypass concentration (ppmvd).
Qcm = Coal mill flow rate (volume/hr).
Ccm = Coal mill concentration (ppmvd).
Qks = Kiln stack flow rate (volume/hr).

    (7) Total Organic HAP Emissions Tests. Instead of conducting the 
performance test specified in paragraph (b)(4) of this section, you may 
conduct a performance test to determine emissions of total organic HAP 
by following the procedures in paragraphs (b)(7)(i) through (v) of this 
section.
    (i) Use Method 320 of appendix A to this part, Method 18 of 
Appendix A of part 60, ASTM D6348-03 or a combination to determine 
emissions of total organic HAP. Each performance test must consist of 
three separate runs under the conditions that exist when the affected 
source is operating at the representative performance conditions in 
accordance with Sec.  63.7(e). Each run must be conducted for at least 
1 hour.

[[Page 68835]]

    (ii) At the same time that you are conducting the performance test 
for total organic HAP, you must also determine a site-specific THC 
emissions limit by operating a THC CEMS in accordance with the 
requirements of Sec.  63.1350(j). The duration of the performance test 
must be at least 3 hours and the average THC concentration (as 
calculated from the recorded output) during the 3-hour test must be 
calculated. You must establish your THC operating limit and determine 
compliance with it according to paragraphs (a)(7)(vii) through (viii) 
of this section. It is permissible to extend the testing time of the 
organic HAP performance test if you believe extended testing is 
required to adequately capture organic HAP and/or THC variability over 
time.
    (iii) If your source has an in-line kiln/raw mill you must use the 
fraction of time the raw mill is on and the fraction of time that the 
raw mill is off and calculate this limit as a weighted average of the 
THC levels measured during three raw mill on and three raw mill off 
tests.
    (iv) If your organic HAP emissions are below 75 percent of the 
organic HAP standard and you determine your operating limit with 
paragraph (b)(7)(vii) of this section your THC CEMS must be calibrated 
and operated on a measurement scale no greater than 180 ppmvw, as 
carbon, or 60 ppmvw as propane.
    (v) If your kiln has an inline coal mill, and you are required to 
measure at the coal mill inlet, you must also measure oHAP at the coal 
mil inlet and calculate a weighted average for all emission sources 
including the inline coal mill and the alkali bypass.
    (vi) Your THC CEMS measurement scale must be capable of reading THC 
concentrations from zero to a level equivalent to two times your 
highest THC emissions average determined during your performance test, 
including mill on or mill off operation.


    Note: This may require the use of a dual range instrument to 
meet this requirement and paragraph (b)(7)(iv) of this section.

    (vii) Determine your operating limit as specified in paragraphs 
(a)(7)(vii) and (viii) of this section. If your organic HAP performance 
test demonstrates your average organic HAP emission levels are below 75 
percent of your emission limit (9 ppmv) you will use the average THC 
value recorded during the organic HAP performance test, and the average 
total organic HAP result of your performance test to establish your 
operating limit. If your organic HAP compliance test results 
demonstrate that your average organic HAP emission levels are at or 
above 75 percent of your emission limit, your operating limit is 
established as the average THC value recorded during the organic HAP 
performance test. You must establish a new operating limit after each 
performance test. You must repeat the performance test no later than 30 
months following your last performance test and reassess and adjust the 
site-specific operating limit in accordance with the results of the 
performance test.
    (viii) If the average organic HAP results for your three Method 18 
and/or Method 320 performance test runs are below 75 percent of your 
organic HAP emission limit, you must calculate an operating limit by 
establishing a relationship of THC CEMS signal to the organic HAP 
concentration using the average THC CEMS value corresponding to the 
three organic HAP compliance test runs and the average organic HAP 
total concentration from the Method 18 and/or Method 320 performance 
test runs with the procedures in (a)(7)(vii)(A) and (B) of this 
section.
    (A) Determine the THC CEMS average values in ppmvw, and the average 
of your corresponding three total organic HAP compliance test runs, 
using Equation 12.

[GRAPHIC] [TIFF OMITTED] TP19NO14.031


Where:

x = The THC CEMS average values in ppmvw.
Xi = The THC CEMS data points for all three runs i.
Yi = The sum of organic HAP concentrations for test runs i. and
n = The number of data points.

    (B) You must use your three run average THC CEMS value and your 
three run average organic HAP concentration from your three Method 18 
and/or Method 320 compliance tests to determine the operating limit. 
Use equation 13 to determine your operating limit in units of ppmvw 
THC, as propane.
[GRAPHIC] [TIFF OMITTED] TP19NO14.032


Where:

T<INF>l</INF> = The 30-day operating limit for your THC CEMS, ppmvw.
Y<INF>1</INF> = The average organic HAP concentration from Eq. 12, 
ppmv.
X<INF>1</INF> = The average THC CEMS concentration from Eq. 12, 
ppmvw.

    (ix) If the average of your three organic HAP performance test runs 
is at or above 75 percent of your organic HAP emission limit, you must 
determine your operating limit using Equation 14 by averaging the THC 
CEMS output values corresponding to your three organic HAP performance 
test runs that demonstrate compliance with the emission limit. If your 
new THC CEMS value is below your current operating limit, you may opt 
to retain your current operating limit, but you must still submit all 
performance test and THC CEMS data according to the reporting 
requirements in paragraph (d)(1) of this section.

[GRAPHIC] [TIFF OMITTED] TP19NO14.033


Where:

X<INF>1</INF> = The THC CEMS data points for all runs i.
n = The number of data points.
T<INF>h</INF> = Your site specific operating limit, in ppmvw THC.

    (x) If your kiln has an inline kiln/raw mill, you must conduct 
separate performance tests while the raw mill is operating (``mill 
on'') and while the raw mill is not operating (``mill off''). Using the 
fraction of time the raw mill is on and the fraction of time that the 
raw mill is off, calculate this limit as a weighted average of the THC 
levels measured during raw mill on and raw mill off compliance testing 
with Equation 15.
[GRAPHIC] [TIFF OMITTED] TP19NO14.043


Where:

R = Operating limit as THC, ppmvw.
y = Average THC CEMS value during mill on operations, ppmvw.
t = Percentage of operating time with mill on.
x = Average THC CEMS value during mill off operations, ppmvw.
(1-t) = Percentage of operating time with mill off.

    (xi) To determine continuous compliance with the THC operating 
limit, you must record the THC CEMS output data for all periods when 
the process is operating and the THC CEMS is not out-of-control. You 
must demonstrate continuous compliance by using all quality-assured 
hourly average data collected by the THC CEMS for all operating hours 
to calculate the arithmetic average operating parameter in units of the 
operating limit (ppmvw) on a 30 operating day rolling average basis, 
updated at the end of each new kiln operating day. Use Equation 16 to 
determine the 30 kiln operating day average.


[[Page 68836]]


[GRAPHIC] [TIFF OMITTED] TP19NO14.034


Where:

Hpvi = The hourly parameter value for hour i, ppmvw.
n = The number of valid hourly parameter values collected over 30 
kiln operating days.

    (xii) Use EPA Method 18 or Method 320 of appendix A to part 60 of 
this chapter to determine organic HAP emissions. For each performance 
test, conduct at least three separate runs under the conditions that 
exist when the affected source is operating at the level reasonably 
expected to occur. If your source has an in-line kiln/raw mill you must 
conduct three separate test runs with the raw mill on, and three 
separate runs under the conditions that exist when the affected source 
is operating at the level reasonably expected to occur with the mill 
off. Conduct each Method 18 test run to collect a minimum target sample 
equivalent to three times the method detection limit. Calculate the 
average of the results from three runs to determine compliance.
    (xiii) If the THC level exceeds by 10 percent or more your site-
specific THC emissions limit, you must
    (A) As soon as possible but no later than 30 days after the 
exceedance, conduct an inspection and take corrective action to return 
the THC CEMS measurements to within the established value; and
    (B) Within 90 days of the exceedance or at the time of the 30 month 
compliance test, whichever comes first, conduct another performance 
test to determine compliance with the organic HAP limit and to verify 
or re-establish your site-specific THC emissions limit.
    (8) HCl Emissions Tests with SO<INF>2</INF> Monitoring. If you 
choose to monitor SO<INF>2</INF> emissions using a CEMS to demonstrate 
HCl compliance, follow the procedures in (b)(8)(i) through (ix) of this 
section and in accordance with the requirements of Sec.  63.1350(l)(3). 
You must establish an SO<INF>2</INF> operating limit equal to the 
average recorded during the HCl stack test. This operating limit will 
apply only for demonstrating HCl compliance.
    (i) Use Method 321 of appendix A to this part to determine 
emissions of HCl. Each performance test must consist of three separate 
runs under the conditions that exist when the affected source is 
operating at the representative performance conditions in accordance 
with Sec.  63.7(e). Each run must be conducted for at least one hour.
    (ii) At the same time that you are conducting the performance test 
for HCl, you must also determine a site-specific SO<INF>2</INF> 
emissions limit by operating an SO<INF>2</INF> CEMS in accordance with 
the requirements of Sec.  63.1350(l). The duration of the performance 
test must be three hours and the average SO<INF>2</INF> concentration 
(as calculated from the average output) during the 3-hour test must be 
calculated. You must establish your SO<INF>2</INF> operating limit and 
determine compliance with it according to paragraphs (b)(8)(vii) and 
(viii)of this section.
    (iii) If your source has an in-line kiln/raw mill you must use the 
fraction of time the raw mill is on and the fraction of time that the 
raw mill is off and calculate this limit as a weighted average of the 
SO<INF>2</INF> levels measured during raw mill on and raw mill off 
testing.
    (iv) Your SO<INF>2</INF> CEMS must be calibrated and operated 
according to the requirements of Sec.  60.63(f).
    (v) Your SO<INF>2</INF> CEMS measurement scale must be capable of 
reading SO<INF>2</INF> concentrations consistent with the requirements 
of Sec.  60.63(f), including mill on or mill off operation.
    (vi) If your kiln has an inline kiln/raw mill, you must conduct 
separate performance tests while the raw mill is operating (``mill 
on'') and while the raw mill is not operating (``mill off''). Using the 
fraction of time the raw mill is on and the fraction of time that the 
raw mill is off, calculate this limit as a weighted average of the HCl 
levels measured during raw mill on and raw mill off compliance testing 
with Equation 17.

[GRAPHIC] [TIFF OMITTED] TP19NO14.042


Where:

R = Operating limit as SO<INF>2,</INF> ppmvw.
y = Average SO<INF>2</INF> CEMS value during mill on operations, 
ppmvw.
t = Percentage of operating time with mill on, expressed as a 
decimal.
x = Average SO<INF>2</INF> CEMS value during mill off operations, 
ppmvw.
t-1 = Percentage of operating time with mill off, expressed as a 
decimal.

    (vii) If the average of your three HCl compliance test runs is 
below 75 percent of your HCl emission limit, you must calculate an 
operating limit by establishing a relationship of SO<INF>2</INF> CEMS 
signal to your HCl concentration corrected to 7% O<INF>2</INF> by using 
the SO<INF>2</INF> CEMS instrument zero, the average SO<INF>2</INF> 
CEMS values corresponding to the three compliance test runs, and the 
average HCl concentration from the HCl compliance test with the 
procedures in (a)(1)(iii)(A) through (D) of this section.
    (A) Determine your SO<INF>2</INF> CEMS instrument zero output with 
one of the following procedures.
    (1) Zero point data for in-situ instruments should be obtained by 
removing the instrument from the stack and monitoring ambient air on a 
test bench.
    (2) Zero point data for extractive instruments may be obtained by 
removing the extractive probe from the stack and drawing in clean 
ambient air.
    (3) The zero point may also be established by performing probe-
flood introduction of high purity nitrogen or certified zero air free 
of SO<INF>2</INF>.
    (4) If none of the steps in paragraphs (a)(1)(iii)(A)(1) through 
(3) of this section are possible, you must use a zero output value 
provided by the manufacturer.
    (B) Determine your SO<INF>2</INF> CEMS instrument average ppm, and 
the average of your corresponding three HCl compliance test runs, using 
equation 18.
[GRAPHIC] [TIFF OMITTED] TP19NO14.035



[[Page 68837]]


Where:

X<INF>1</INF> = The SO<INF>2</INF> CEMS data points for the three 
runs constituting the performance test.
Y<INF>1</INF> = The HCl emission concentration expressed as ppmv 
corrected to 7% O<INF>2</INF> for the three runs constituting the 
performance test.
n = The number of data points.

    (C) With your instrument zero expressed in ppmv, your three run 
average SO<INF>2</INF> CEMS expressed in ppmv, and your three run HCl 
compliance test average in ppm corrected to 7% O<INF>2,</INF> determine 
a relationship of ppm HCl corrected to 7% O<INF>2</INF> per ppm 
SO<INF>2</INF> with Equation 19.
[GRAPHIC] [TIFF OMITTED] TP19NO14.036


Where:

R = The relative HCl ppmv corrected to 7% O<INF>2</INF> per ppm 
SO<INF>2</INF> for your SO<INF>2</INF> CEMS.
Y<INF>1</INF> = The three run average HCl concentration corrected to 
7% O<INF>2</INF>.
X<INF>1</INF> = The three run average ppm recorded by your 
SO<INF>2</INF> CEMS.
z = The instrument zero output ppm value.

    (D) Determine your source specific 30-day rolling average operating 
limit using ppm HCl corrected to 7% O<INF>2</INF> per ppm 
SO<INF>2</INF> value from Equation 19 in Equation 20, below. This sets 
your operating limit at the SO<INF>2</INF> CEMS ppm value corresponding 
to 75 percent of your emission limit.
[GRAPHIC] [TIFF OMITTED] TP19NO14.037


Where:

O<INF>l</INF> = The operating limit for your SO<INF>2</INF> CEMS on 
a 30-day rolling average, in ppmv.
L = Your source HCl emission limit expressed in ppmv corrected to 7% 
O<INF>2</INF>.
z = Your instrument zero in ppmv, determined from (1)(i).
R = The relative oxygen corrected ppmv HCl per ppmv SO<INF>2</INF>, 
for your SO<INF>2</INF> CEMS, from Equation 19.

    (viii) To determine continuous compliance with the SO<INF>2</INF> 
operating limit, you must record the SO<INF>2</INF> CEMS output data 
for all periods when the process is operating and the SO<INF>2</INF> 
CEMS is not out-of-control. You must demonstrate continuous compliance 
by using all quality-assured hourly average data collected by the 
SO<INF>2</INF> CEMS for all operating hours to calculate the arithmetic 
average operating parameter in units of the operating limit (ppmvw) on 
a 30 operating day rolling average basis, updated at the end of each 
new kiln operating day. Use Equation 18 to determine the 30 kiln 
operating day average.
[GRAPHIC] [TIFF OMITTED] TP19NO14.038


Where:

Hpvi = The hourly parameter value for hour i, ppmvw.
n = The number of valid hourly parameter values collected over 30 
kiln operating days.

    (ix) Use EPA Method 321 of appendix A to part 60 of this chapter to 
determine HCl emissions. For each performance test, conduct at least 
three separate runs under the conditions that exist when the affected 
source is operating at the highest load or capacity level reasonably 
expected to occur. If your source has an in-line kiln/raw mill you must 
conduct three separate test runs with the raw mill on, and three 
separate runs under the conditions that exist when the affected source 
is operating at the highest load or capacity level reasonably expected 
to occur with the mill off.
    (x) If the SO<INF>2</INF> level exceeds by 10 percent or more your 
site-specific SO<INF>2</INF> emissions limit, you must
    (A) As soon as possible but no later than 30 days after the 
exceedance, conduct an inspection and take corrective action to return 
the SO<INF>2</INF> CEMS measurements to within the established value. 
and
    (B) Within 90 days of the exceedance or at the time of the periodic 
compliance test, whichever comes first, conduct another performance 
test to determine compliance with the HCl limit and to verify or re-
establish your site-specific SO<INF>2</INF> emissions limit.
* * * * *
0
11. Section 63.1350 is amended by:
0
a. Removing and reserving paragraph (a)(2).
0
b. Revising paragraphs (i)(1) through (i)(2), (j), (k)(2), (k)(2)(ii), 
(l), (n), (n)(1), (o), and (o)(3).
0
c. Adding paragraphs (k)(2)(iii) and (k)(2)(iv).
    The revisions read as follows:


Sec.  63.1350  Monitoring requirements.

    (a) * * *
    (2) [Reserved]
* * * * *
    (i) * * *
    (1) You must install, operate, and maintain a THC continuous 
emission monitoring system in accordance with Performance Specification 
8 or Performance Specification 8A of appendix B to part 60 of this 
chapter and comply with all of the requirements for continuous 
monitoring systems found in the general provisions, subpart A of this 
part. The owner or operator must operate and maintain each CEMS 
according to the quality assurance requirements in Procedure 1 of 
appendix F in part 60 of this chapter.
    (2) Performance tests on alkali bypass and coal mill stacks must be 
conducted using Method 25A in appendix A to 40 CFR part 60 and repeated 
every 30 months.
    (j) Total organic HAP monitoring requirements. If you are complying 
with the total organic HAP emissions limits, you must continuously 
monitor THC according to paragraph (i)(1) and (2) or in accordance with 
Performance Specification 8 or Performance Specification 8A of appendix 
B to part 60 of this chapter and comply with all of the requirements 
for continuous monitoring systems found in the general provisions, 
subpart A of this part. You must operate and maintain each CEMS 
according to the quality assurance requirements in Procedure 1 of 
appendix F in part 60 of this chapter. In addition, your must follow 
the monitoring requirements in paragraphs (m)(1) through (m)(4) of this 
section. You must also develop an emissions monitoring plan in 
accordance with paragraphs (p)(1) through (p)(4) of this section.
    (k) * * *
    (2) In order to quality assure data measured above the span value, 
you must use one of the three options in paragraphs (k)(2)(i) through 
(iii) of this section.
* * * * *
    (ii) Quality assure any data above the span value by proving 
instrument linearity beyond the span value established in paragraph 
(k)(1) of this section using the following procedure. Conduct a weekly 
``above span linearity'' calibration challenge of the monitoring system 
using a reference gas with a certified value greater than your highest 
expected hourly concentration. The ``above span'' reference gas must 
meet the requirements of PS 12A, Section 7.1 and must be introduced to 
the measurement system at the probe. Record and report the results of 
this procedure as you would for a daily

[[Page 68838]]

calibration. The ``above span linearity'' challenge is successful if 
the value measured by the Hg CEMS falls within 10 percent of the 
certified value of the reference gas. If the value measured by the Hg 
CEMS during the above span linearity challenge exceeds 10 percent of 
the certified value of the reference gas, the monitoring system must be 
evaluated and repaired and a new ``above span linearity'' challenge met 
before returning the Hg CEMS to service, or data above span from the Hg 
CEMS must be quality assured using the procedure established in 
(k)(2)(iii).
    (iii) Quality assure any data above the span value established in 
paragraph (k)(1) of this section using the following procedure. Any 
time two consecutive one-hour average measured concentration of Hg 
exceeds the span value you must, within 24 hours before or after, 
introduce a higher, ``above span'' Hg reference gas standard to the Hg 
CEMS. The ``above span'' reference gas must meet the requirements of PS 
12A, Section 7.1, must target a concentration level between 50 and 150 
percent of the highest expected hourly concentration measured during 
the period of measurements above span, and must be introduced at the 
probe. Record and report the results of this procedure as you would for 
a daily calibration. The ``above span'' calibration is successful if 
the value measured by the Hg CEMS is within 20 percent of the certified 
value of the reference gas. If the value measured by the Hg CEMS 
exceeds 20 percent of the certified value of the reference gas, then 
you must normalize the one-hour average stack gas values measured above 
the span during the 24-hour period preceding or following the ``above 
span'' calibration for reporting based on the Hg CEMS response to the 
reference gas as shown in equation 22:
[GRAPHIC] [TIFF OMITTED] TP19NO14.039



Only one `above span' calibration is needed per 24 hour period.
    (iv) If mercury emissions from the coal mill and alkali bypass are 
below the method detection limit for two consecutive annual performance 
tests, you may reduce the frequency of the performance tests of coal 
mills and alkali bypasses to once every 30 months. If the measured 
mercury concentration exceeds the method detection limit, you must 
revert to testing annually until two consecutive annual tests are below 
the method detection limit.
* * * * *
    (l) HCl Monitoring Requirements. If you are subject to an emissions 
limitation on HCl emissions in Sec.  63.1343, you must monitor HCl 
emissions continuously according to paragraph (l)(1) or (2) and 
paragraphs (m)(1) through (4) of this section or, if your kiln is 
controlled using a wet or dry scrubber or tray tower, you alternatively 
may parametrically monitor SO<INF>2</INF> emissions continuously 
according to paragraph (l)(3) of this section. You must also develop an 
emissions monitoring plan in accordance with paragraphs (p)(1) through 
(4) of this section.
    (1) If you monitor compliance with the HCl emissions limit by 
operating an HCl CEMS, you must do so in accordance with Performance 
Specification 15 (PS 15) of appendix B to part 60 of this chapter, or, 
upon promulgation, in accordance with any other performance 
specification for HCl CEMS in appendix B to part 60 of this chapter. 
You must operate, maintain, and quality assure a HCl CEMS installed and 
certified under PS 15 according to the quality assurance requirements 
in Procedure 1 of appendix F to part 60 of this chapter except that the 
Relative Accuracy Test Audit requirements of Procedure 1 must be 
replaced with the validation requirements and criteria of sections 
11.1.1 and 12.0 of PS 15. If you install and operate an HCl CEMS in 
accordance with any other performance specification for HCl CEMS in 
appendix B to part 60 of this chapter, you must operate, maintain and 
quality assure the HCl CEMS using the procedure of appendix F to part 
60 of this chapter applicable to the performance specification. You 
must use Method 321 of appendix A to part 63 of this chapter as the 
reference test method for conducting relative accuracy testing. The 
span value and calibration requirements in paragraphs (l)(1)(i) and 
(ii) of this section apply to HCl CEMS other than those installed and 
certified under PS 15.
    (i) You must use a measurement span value for any HCl CEMS of 0-10 
ppmvw. The HCl CEMS data recorder output range must include the full 
range of expected HCl concentration values which would include those 
expected during ``mill off'' conditions. The corresponding data 
recorder range shall be documented in the site-specific monitoring plan 
and associated records.
    (ii) In order to quality assure data measured above the span value, 
you must use one of the three options in paragraphs (l)(1)(ii)(A) 
through (C) of this section.
    (A) Include a second span that encompasses the HCl emission 
concentrations expected to be encountered during ``mill off'' 
conditions. This second span may be rounded to a multiple of 5 [mu]g/
m\3\ of total HCl. The requirements of the appropriate HCl monitor 
performance specification shall be followed for this second span with 
the exception that a RATA with the mill off is not required.
    (B) Quality assure any data above the span value by proving 
instrument linearity beyond the span value established in paragraph 
(I)(1)(i) of this section using the following procedure. Conduct a 
weekly ``above span linearity'' calibration challenge of the monitoring 
system using a reference gas with a certified value greater than your 
highest expected hourly concentration. The ``above span'' reference gas 
must meet the requirements of the applicable performance specification 
and must be introduced to the measurement system at the probe. Record 
and report the results of this procedure as you would for a daily 
calibration. The ``above span linearity'' challenge is successful if 
the value measured by the HCl CEMS falls within 10 percent of the 
certified value of the reference gas. If the value measured by the HCl 
CEMS during the above span linearity challenge exceeds 10 percent of 
the certified value of the reference gas, the monitoring system must be 
evaluated and repaired and a new ``above span linearity'' challenge met 
before returning the HCl CEMS to service, or data above span from the 
HCl CEMS must be quality assured using the procedure established in 
(I)(1)(C).
    (C) Quality assure any data above the span value established in 
paragraph (1)(1)(i) of this section using the following procedure. Any 
time the average measured concentration of HCl

[[Page 68839]]

exceeds or is expected to exceed the span value for greater than two 
hours you must, within a period 24 hours before or after the `above 
span' period, introduce a higher, `above span' HCl reference gas 
standard to the HCl CEMS. The `above span' reference gas must meet the 
requirements of the applicable performance specification and target a 
concentration level between 50 and 100 percent of the highest expected 
hourly concentration measured during the period of measurements above 
span, and must be introduced at the probe. Record and report the 
results of this procedure as you would for a daily calibration. The 
`above span' calibration is successful if the value measured by the HCl 
CEMS is within 20 percent of the certified value of the reference gas. 
If the value measured by the HCl CEMS is not within 20 percent of the 
certified value of the reference gas, then you must normalize the stack 
gas values measured above span as described in paragraph (l)(1)(ii)(D) 
below. If the `above span' calibration is conducted during the period 
when measured emissions are above span and there is a failure to 
collect the required minimum number of data points in an hour due to 
the calibration duration, then you must determine the emissions average 
for that missed hour as the average of hourly averages for the hour 
preceding the missed hour and the hour following the missed hour.
    (D) In the event that the `above span' calibration is not 
successful (i.e., the HCl CEMS measured value is not within 20 percent 
of the certified value of the reference gas), then you must normalize 
the one-hour average stack gas values measured above the span during 
the 24-hour period preceding or following the `above span' calibration 
for reporting based on the HCl CEMS response to the reference gas as 
shown in Equation 23:

[GRAPHIC] [TIFF OMITTED] TP19NO14.040


Only one `above span' calibration is needed per 24-hour period.
    (2) Install, operate, and maintain a CMS to monitor wet scrubber or 
tray tower parameters, as specified in paragraphs (m)(5) and (7) of 
this section, and dry scrubber, as specified in paragraph (m)(9) of 
this section.
    (3) If the source is equipped with a wet or dry scrubber or tray 
tower, and you choose to monitor SO<INF>2</INF> emissions, monitor 
SO<INF>2</INF> emissions continuously according to the requirements of 
Sec.  60.63(e) through (f) of part 60 subpart F of this chapter. If 
SO<INF>2</INF> levels increase above the 30-day rolling average 
SO<INF>2</INF> operating limit established during your performance 
test, you must:
    (i) As soon as possible but no later than 48 hours after you exceed 
the established SO<INF>2</INF> value conduct an inspection and take 
corrective action to return the SO<INF>2</INF> emissions to within the 
operating limit; and
    (ii) Within 60 days of the exceedance or at the time of the next 
compliance test, whichever comes first, conduct an HCl emissions 
compliance test to determine compliance with the HCl emissions limit 
and to verify or re-establish the SO<INF>2</INF> CEMS operating limit.
* * * * *
    (n) Continuous Flow Rate Monitoring System. You must install, 
operate, calibrate, and maintain instruments, according to the 
requirements in paragraphs (n)(1) through (10) of this section, for 
continuously measuring and recording the stack gas flow rate to allow 
determination of the pollutant mass emissions rate to the atmosphere 
from sources subject to an emissions limitation that has a pounds per 
ton of clinker unit and that is required to be monitored by a CEMS.
    (1) You must install each sensor of the flow rate monitoring system 
in a location that provides representative measurement of the exhaust 
gas flow rate at the sampling location of the mercury CEMS, taking into 
account the manufacturer's recommendations. The flow rate sensor is 
that portion of the system that senses the volumetric flow rate and 
generates an output proportional to that flow rate.
* * * * *
    (o) Alternate monitoring requirements approval. You may submit an 
application to the Administrator for approval of alternate monitoring 
requirements to demonstrate compliance with the emission standards of 
this subpart subject to the provisions of paragraphs (o)(1) through (6) 
of this section.
* * * * *
    (3) You must submit the application for approval of alternate 
monitoring requirements no later than the notification of performance 
test. The application must contain the information specified in 
paragraphs (o)(3)(i) through (iii) of this section:
* * * * *
0
12. 63.1354 is amended by:
0
a. Revising paragraphs (b)(9) through (b)(9)(vi).
0
b. Adding paragraphs (b)(9)(viii) through (b)(9)(x).
    The revisions and additions read as follows:


Sec.  63.1354  Reporting requirements.

* * * * *
    (b) * * *
    (9) The owner or operator shall submit a summary report 
semiannually to the EPA via the Compliance and Emissions Data Reporting 
Interface (CEDRI). (CEDRI can be accessed through the EPA's Central 
Data Exchange (CDX) (www.epa.gov/cdx).) You must use the appropriate 
electronic report in CEDRI for this subpart. Instead of using the 
electronic report in CEDRI for this subpart, you may submit an 
alternate electronic file consistent with the extensible markup 
language (XML) schema listed on the CEDRI Web site (http://www.epa.gov/ttn/chief/cedri/index.html), once the XML schema is available. If the 
reporting form specific to this subpart is not available in CEDRI at 
the time that the report is due, you must submit the report the 
Administrator at the appropriate address listed in Sec.  63.13. You 
must begin submitting reports via CEDRI no later than 90 days after the 
form becomes available in CEDRI. The reports must be submitted by the 
deadline specified in this subpart, regardless of the method in which 
the reports are submitted.
    The report must contain the information specified in Sec.  
63.10(e)(3)(vi). In addition, the summary report shall include:
    (i) All exceedances of maximum control device inlet gas temperature 
limits specified in Sec.  63.1346(a) and (b);
    (ii) Notification of any failure to calibrate thermocouples and 
other temperature sensors as required under Sec.  63.1350(g)(1)(iii) of 
this subpart; and
    (iii) Notification of any failure to maintain the activated carbon 
injection rate, and the activated carbon injection carrier gas flow 
rate or pressure drop, as

[[Page 68840]]

applicable, as required under Sec.  63.1346(c)(2).
    (iv) Notification of failure to conduct any combustion system 
component inspections conducted within the reporting period as required 
under Sec.  63.1347(a)(3).
    (v) Any and all failures to comply with any provision of the 
operation and maintenance plan developed in accordance with Sec.  
63.1347(a).
    (vi) For each PM CPMS, HCl, Hg, and THC CEMS, D/F temperature 
monitoring system, or Hg sorbent trap monitoring system, within 60 days 
after the reporting periods, you must report all of the calculated 30-
operating day rolling average values derived from the CPMS, CEMS, CMS, 
or Hg sorbent trap monitoring systems.
* * * * *
    (viii) Within 60 days after the date of completing each CEMS 
performance evaluation test as defined in Sec.  63.2, you must submit 
relative accuracy test audit (RATA) data to the EPA's CDX by using 
CEDRI in accordance with paragraph (9) of this section. Only RATA 
pollutants that can be documented with the ERT (as listed on the ERT 
Web site) are subject to this requirement. For any performance 
evaluations with no corresponding RATA pollutants listed on the ERT Web 
site, you must submit the results of the performance evaluation to the 
Administrator at the appropriate address listed in Sec.  63.13.
    (ix) For PM performance test reports used to set a PM CPMS 
operating limit, the electronic submission of the test report must also 
include the make and model of the PM CPMS instrument, serial number of 
the instrument, analytical principle of the instrument (e.g. beta 
attenuation), span of the instruments primary analytical range, 
milliamp value equivalent to the instrument zero output, technique by 
which this zero value was determined, and the average milliamp signals 
corresponding to each PM compliance test run.
    (x) All reports required by this subpart not subject to the 
requirements in paragraphs (b)(9) and (b)(9)(viii) of this section must 
be sent to the Administrator at the appropriate address listed in Sec.  
63.13. The Administrator or the delegated authority may request a 
report in any form suitable for the specific case (e.g., by commonly 
used electronic media such as Excel spreadsheet, on CD or hard copy). 
The Administrator retains the right to require submittal of reports 
subject to paragraph (b)(9) and (b)(9)(viii) of this section in paper 
format.
* * * * *
0
13. Revise Sec.  63.1356 to read as follows:


Sec.  63.1356  Sources with multiple emissions limit or monitoring 
requirements.

    If you have an affected source subject to this subpart with a 
different emissions limit or requirement for the same pollutant under 
another regulation in title 40 of this chapter, once you are in 
compliance with the most stringent emissions limit or requirement, you 
are not subject to the less stringent requirement. Until you are in 
compliance with the more stringent limit, the less stringent limit 
continues to apply.


Sec.  63.1357  [Remove and reserve]

0
14. Remove and reserve Sec.  63.1357.

[FR Doc. 2014-26905 Filed 11-18-14; 8:45 am]
BILLING CODE 6560-50-P


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