[Federal Register Volume 80, Number 13 (Wednesday, January 21, 2015)]
[Proposed Rules]
[Pages 3090-3130]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-29569]



[[Page 3089]]

Vol. 80

Wednesday,

No. 13

January 21, 2015

Part III





Environmental Protection Agency





-----------------------------------------------------------------------





40 CFR Part 63





National Emission Standards for Hazardous Air Pollutants for Major 
Sources: Industrial, Commercial, and Institutional Boilers and Process 
Heaters; Proposed Rule

Federal Register / Vol. 80 , No. 13 / Wednesday, January 21, 2015 / 
Proposed Rules

[[Page 3090]]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-HQ-OAR-2002-0058; FRL-9919-28-OAR]
RIN 2060-AS09


National Emission Standards for Hazardous Air Pollutants for 
Major Sources: Industrial, Commercial, and Institutional Boilers and 
Process Heaters

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: On January 31, 2013, the Environmental Protection Agency (EPA) 
finalized amendments to the national emission standards for the control 
of hazardous air pollutants (HAP) from new and existing industrial, 
commercial, and institutional boilers and process heaters at major 
sources of HAP. Subsequently, the EPA received 10 petitions for 
reconsideration of the final rule. The EPA is announcing 
reconsideration of and requesting public comment on three issues raised 
in the petitions for reconsideration, as detailed in the SUPPLEMENTARY 
INFORMATION section of this notice. The EPA is seeking comment only on 
these three issues. The EPA will not respond to any comments addressing 
any other issues or any other provisions of the final rule. 
Additionally, the EPA is proposing amendments and technical corrections 
to the final rule to clarify definitions, references, applicability and 
compliance issues raised by stakeholders subject to the final rule. 
Also, we propose to delete rule provisions for an affirmative defense 
for malfunction in light of a recent court decision on the issue.

DATES: Comments. Comments must be received on or before March 9, 2015, 
or 30 days after date of public hearing if later.
    Public Hearing. If anyone contacts us requesting to speak at a 
public hearing by January 26, 2015, a public hearing will be held on 
February 5, 2015. If you are interested in attending the public 
hearing, contact Ms. Pamela Garrett at (919) 541-7966 or by email at 
<a href="/cdn-cgi/l/email-protection#e88f899a9a8d9c9cc69889858d8489a88d9889c68f879e"><span class="__cf_email__" data-cfemail="1f787e6d6d7a6b6b316f7e727a737e5f7a6f7e31787069">[email protected]</span></a> to verify that a hearing will be held.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2002-0058, by one of the following methods:
    <bullet> Federal eRulemaking Portal: http://www.regulations.gov: 
Follow the on-line instructions for submitting comments.
    <bullet> Email: <a href="/cdn-cgi/l/email-protection#21600c404f450c730c654e424a4455614451400f464e57"><span class="__cf_email__" data-cfemail="5c1d713d3238710e7118333f3739281c392c3d723b332a">[email protected]</span></a>. Include docket ID No. EPA-
HQ-OAR-2002-0058 in the subject line of the message.
    <bullet> Fax: (202) 566-9744, Attention Docket ID No. EPA-HQ-OAR-
2002-0058.
    <bullet> Mail: Environmental Protection Agency, EPA Docket Center 
(EPA/DC), Mail Code 28221T, Attention Docket ID No. OAR-2002-0058, 1200 
Pennsylvania Avenue NW., Washington, DC 20460. The EPA requests a 
separate copy also be sent to the contact person identified below (see 
FOR FURTHER INFORMATION CONTACT).
    <bullet> Hand/Courier Delivery: EPA Docket Center, Room 3334, EPA 
WJC West Building, 1301 Constitution Avenue NW., Washington, DC 20004, 
Attention Docket ID No. EPA-HQ-OAR-2002-0058. 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 No. EPA-HQ-OAR-
2002-0058. The EPA's policy is that all comments received will be 
included in the public docket without change and may be made available 
on-line at 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 www.regulations.gov 
or email. The 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 
www.regulations.gov, your email address will be automatically captured 
and included as part of the comment that is placed in the public docket 
and made available on the Internet. If you submit an electronic 
comment, the EPA recommends that you include your name and other 
contact information in the body of your comment and with any disk or 
CD-ROM you submit. If the EPA cannot read your comment due to technical 
difficulties and cannot contact you for clarification, the EPA may not 
be able to consider your comment. Electronic files should avoid the use 
of special characters, any form of encryption, and be free of any 
defects or viruses.
    Public Hearing: If anyone contacts the EPA requesting a public 
hearing by January 26, 2015, the public hearing will be held on 
February 5, 2015 at the EPA's campus at 109 T.W. Alexander Drive, 
Research Triangle Park, North Carolina. The hearing will begin at 10:00 
a.m. (Eastern Standard Time) and conclude at 5:00 p.m. (Eastern 
Standard Time). There will be a lunch break from 12:00 p.m. to 1:00 
p.m. Please contact Ms. Pamela Garrett at 919-541-7966 or at 
<a href="/cdn-cgi/l/email-protection#7b1c1a09091e0f0f550b1a161e171a3b1e0b1a551c140d"><span class="__cf_email__" data-cfemail="d7b0b6a5a5b2a3a3f9a7b6bab2bbb697b2a7b6f9b0b8a1">[email protected]</span></a> to register to speak at the hearing or to 
inquire as to whether or not a hearing will be held. The last day to 
pre-register in advance to speak at the hearing will be February 2, 
2015. Additionally, requests to speak will be taken the day of the 
hearing at the hearing registration desk, although preferences on 
speaking times may not be able to be fulfilled. If you require the 
service of a translator or special accommodations such as audio 
description, 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 the hearing is being held at a U.S. government 
facility, individuals planning to attend the hearing should be prepared 
to show valid picture identification to the security staff in order to 
gain access to the meeting room. Please note that the REAL ID Act, 
passed by Congress in 2005, established new requirements for entering 
federal facilities. If your driver's license is issued by Alaska, 
American Samoa, Arizona, Kentucky, Louisiana, Maine, Massachusetts, 
Minnesota, Montana, New York, Oklahoma or the state of Washington, you 
must present an additional form of identification to enter the federal 
building. Acceptable alternative forms of identification include: 
Federal employee badges, passports, enhanced driver's licenses and 
military identification cards. In addition, you will need to obtain a 
property pass for any personal belongings you bring with you. Upon 
leaving the building, you will be required to return this property pass 
to the security desk. No large signs will be allowed in the building, 
cameras may only be used outside of the building and demonstrations 
will not be allowed on federal property for security reasons. The EPA 
may ask clarifying questions during the oral presentations, but will 
not respond to the presentations at that time. Written statements and 
supporting information submitted during the comment period will be 
considered with the same weight

[[Page 3091]]

as oral comments and supporting information presented at the public 
hearing. A hearing will not be held unless requested.
    Docket: All documents in the docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in www.regulations.gov or in hard copy at the EPA Docket Center (EPA/
DC), Room 3334, EPA WJC West Building, 1301 Constitution Ave., NW., 
Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30 
p.m., Monday through Friday, excluding legal holidays. The telephone 
number for the Public Reading Room is (202) 566-1744, and the telephone 
number for the Air Docket is (202) 566-1742.

FOR FURTHER INFORMATION CONTACT: Mr. Jim Eddinger, Energy Strategies 
Group, Sector Policies and Programs Division (D243-01), Environmental 
Protection Agency, Research Triangle Park, North Carolina 27711; 
telephone number: (919) 541-5426; facsimile number: (919) 541-5450; 
email address: <a href="/cdn-cgi/l/email-protection#1c79787875727b796e327675715c796c7d327b736a"><span class="__cf_email__" data-cfemail="d2b7b6b6bbbcb5b7a0fcb8bbbf92b7a2b3fcb5bda4">[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 the reconsideration 
action?
    B. What entities are potentially affected by the reconsideration 
action?
    C. What should I consider as I prepare my comments for the EPA?
II. Background
III. Discussion of the Issues under Reconsideration
    A. Startup and Shutdown Provisions
    B. CO Limits Based on a Minimum CO Level of 130 ppm
    C. Use of PM CPMS Including Consequences of Exceeding the 
Operating Parameter
IV. Technical Corrections and Clarifications
V. Affirmative Defense for Violation of Emission Standards During 
Malfunction
VI. Solicitation of Public Comment and Participation
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 (PRA)
    C. Regulatory Flexibility Act (RFA)
    D. Unfunded Mandates Reform Act (UMRA)
    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 the reconsideration action?

    The statutory authority for this action is provided by sections 112 
and 307(d)(7)(B) of the Clean Air Act as amended (42 U.S.C. 7412 and 
7607(d)(7)(B)).

B. What entities are potentially affected by the reconsideration 
action?

    Categories and entities potentially regulated by this action 
include:

----------------------------------------------------------------------------------------------------------------
                   Category                      NAICS Code \1\     Examples of potentially regulated entities
----------------------------------------------------------------------------------------------------------------
Any industry using a boiler or process heater                211  Extractors of crude petroleum and natural gas.
 as defined in the final rule.
                                                             321  Manufacturers of lumber and wood products.
                                                             322  Pulp and paper mills.
                                                             325  Chemical manufacturers.
                                                             324  Petroleum refineries, and manufacturers of
                                                                   coal products.
                                                   316, 326, 339  Manufacturers of rubber and miscellaneous
                                                                   plastic products.
                                                             331  Steel works, blast furnaces.
                                                             332  Electroplating, plating, polishing, anodizing,
                                                                   and coloring.
                                                             336  Manufacturers of motor vehicle parts and
                                                                   accessories.
                                                             221  Electric, gas, and sanitary services.
                                                             622  Health services.
                                                             611  Educational services.
----------------------------------------------------------------------------------------------------------------
\1\ North American Industry Classification System.

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be affected by this 
action. To determine whether your boiler or process heater is regulated 
by this action, you should examine the applicability criteria in 40 CFR 
63.7485. If you have any questions regarding the applicability of this 
action to a particular entity, consult either the air permitting 
authority for the entity or your EPA regional representative, as listed 
in 40 CFR 63.13 of subpart A (General Provisions).

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 accordance with 
procedures set forth in 40 CFR part 2. Send or deliver information 
identified as CBI to only the following address: Mr. Jim Eddinger, c/o 
OAQPS Document Control Officer (Mail Drop C404-02), U.S. EPA, Research 
Triangle Park, NC 27711, Attention Docket ID No. EPA-HQ-OAR-2002-0058.
    Docket. The docket number for this notice is Docket ID No. EPA-HQ-
OAR-2002-0058.
    World Wide Web (WWW). In addition to being available in the docket, 
an electronic copy of this notice will be posted on the WWW through the

[[Page 3092]]

Technology Transfer Network Web site (TTN Web). Following signature, 
the EPA will post a copy of this notice at http://www.epa.gov/ttn/atw/boiler/boilerpg.html. The TTN provides information and technology 
exchange in various areas of air pollution control.

II. Background

    On March 21, 2011, the EPA promulgated national emissions standards 
for hazardous air pollutants (NESHAP) for the Major Source Boilers and 
Process Heaters source category. The EPA received a number of petitions 
for reconsideration on that action, and granted reconsideration on 
certain issues raised in the petitions. On January 31, 2013, the EPA 
promulgated amendments to the NESHAP for new and existing industrial, 
commercial, and institutional boilers and process heaters located at 
major sources (78 FR 7138). Following promulgation of the January 31, 
2013, final rule, the EPA received 10 petitions for reconsideration 
pursuant to section 307(d)(7)(B) of the Clean Air Act (CAA). The EPA 
received petitions dated March 28, 2013, from New Hope Power Company 
and the Sugar Cane Growers Cooperative of Florida. The EPA received a 
petition dated March 29, 2013, from the Eastman Chemical Company. The 
EPA received petitions dated April 1, 2013, from Earthjustice, on 
behalf of Sierra Club, Clean Air Council, Partnership for Policy 
Integrity, Louisiana Environmental Action Network, and Environmental 
Integrity Project; American Forest and Paper Association on behalf of 
American Wood Council, National Association of Manufacturers, Biomass 
Power Association, Corn Refiners Association, National Oilseed 
Processors Association, Rubber Manufacturers Association, Southeastern 
Lumber Manufacturers Association, and U.S. Chamber of Commerce; the 
Florida Sugar Industry; Council of Industrial Boiler Owners, American 
Municipal Power, Inc., and American Chemistry Council; American 
Petroleum Institute; and the Utility Air Regulatory Group which also 
submitted a supplemental petition on July 3, 2013. Finally, the EPA 
received a petition dated July 2, 2013, from the Natural Environmental 
Development Association's Clean Air Project and the Council of 
Industrial Boiler Owners. The petitions are available for review in the 
rulemaking docket (see Docket ID No. EPA-HQ-OAR-2002-0058).
    On August 5, 2013, the EPA issued letters to the petitioners 
granting reconsideration on three specific issues raised in the 
petitions for reconsideration and indicating that the agency would 
issue a Federal Register notice regarding the reconsideration 
process.\1\ This action requests comment on the three issues for which 
the EPA granted reconsideration and proposes certain revisions to the 
definitions of startup and shutdown and the work practices that apply 
during startup and shutdown periods. Additionally, the letters 
indicated that the EPA intends to make certain clarifying changes and 
corrections to the final rule, some of which were also raised in the 
petitions for reconsideration. This action proposes revisions to the 
regulatory text that would make those clarifications and corrections.
---------------------------------------------------------------------------

    \1\ The EPA is still reviewing the other issues raised in the 
petitions for reconsideration and is not taking any action at this 
time with respect to those issues.
---------------------------------------------------------------------------

III. Discussion of the Issues Under Reconsideration

    The EPA took final action on its proposed amendments to the March 
2011 NESHAP on January 31, 2013, (78 FR 7138) to address certain issues 
raised in the petitions for reconsideration of the 2011 NESHAP.
    The January 31, 2013, amendments revised, among other things, the 
definitions of ``startup'' and ``shutdown'' as well as the work 
practice requirements for the startup and shutdown periods. The 
amendments also established a carbon monoxide (CO) threshold level as 
an appropriate minimum maximum achievable control technology (MACT) 
floor level that adequately assures sources will be controlling organic 
HAP emissions to MACT levels. The amendments also replaced the 
requirement for certain units to install and operate a continuous 
emission monitoring system (CEMS) measuring particulate matter (PM) 
emissions with a requirement to install and operate a PM continuous 
parameter monitoring system (CPMS) which established reporting 
requirements for deviations and established conditions under which PM 
CPMS deviations would constitute a presumptive violation of the NESHAP. 
The EPA received petitions for reconsideration of certain aspects of 
these requirements, and granted reconsideration of the following three 
issues on August 5, 2013, to provide an additional opportunity for 
public comment:
    <bullet> Definition of startup and shutdown periods and the work 
practices that apply during such periods;
    <bullet> Revised CO limits based on a minimum CO level of 130 parts 
per million (ppm); and
    <bullet> The use of PM CPMS, including the consequences of 
exceeding the operating parameter.
    The reconsideration petitions stated that the public lacked 
sufficient opportunity to comment on these provisions. Although these 
provisions were established after consideration of public comments 
received on the proposed rule, the EPA is granting reconsideration on 
these issues in order to allow an additional opportunity for comment. 
These issues are discussed in more detail in the following sections.
    For the startup and shutdown provisions, the EPA is proposing 
certain revisions to the definitions of startup and shutdown and to the 
work practice standard that applies during the startup and shutdown 
periods. The proposed revision to the definition of startup is the 
addition of an alternate definition of startup. The revision to the 
work practice standard that applies during the startup period is the 
addition of an alternate work practice provision regarding the engaging 
of control devices that applies during startup periods. The EPA is not 
proposing revisions to the CO limits or the use of PM CPMS, but will 
consider any input that we receive in this additional public comment 
opportunity.
    Additionally, the EPA is proposing certain clarifying changes and 
corrections to the final rule, some of which were also raised in the 
petitions for reconsideration. Specifically, these are: (1) Clarify 
issues related to the applicability of the major source boiler rule to 
natural gas-fired electric utility steam generating units (EGUs); (2) 
clarify the compliance date for coal- or oil-fired EGUs that become 
subject to the major source boiler rule; (3) correct a conversion error 
in the MACT floor calculation for existing hybrid suspension grate 
boilers; (4) clarify certain recordkeeping requirements, including, for 
example, those related to records for periods of startup and shutdown 
for boilers and process heaters in the Gas 1 subcategory. The EPA also 
proposes to clarify and correct certain inadvertent inconsistencies in 
the final rule regulatory text, such as removal of unnecessary 
references to statistical equations, inclusion of averaging time for 
operating load limits in Table 8 to the final rule, and correction of 
the compliance date for new sources to reflect the effective date of 
the final rule.

A. Startup and Shutdown Provisions

    The EPA received petitions asserting that the public lacked an 
opportunity to comment on the startup and shutdown provisions amended 
in the January

[[Page 3093]]

2013, final rule. Specifically, petitioners asserted that the 
definitions of ``startup'' and ``shutdown'' in the amended final rule 
failed to address restarts of process heaters and that the provisions 
for work practice standards did not adequately address fuels considered 
``clean'' and operational limitations for certain pollution control 
devices.
    In response to petitions for reconsideration received on the March 
2011 NESHAP, the EPA proposed definitions of ``startup'' and 
``shutdown'' in December 2011 that were based on load specifications. 
The EPA received comments on the proposed definitions stating that load 
specifications within the definitions were inconsistent with either 
safe or normal (proper) operation of the various types of boilers and 
process heaters encountered within the source category. As the basis 
for defining periods of startup and shutdown, a number of commenters 
suggested that the EPA instead use the achievement of various steady-
state conditions. The definitions in the January 2013 final rule 
addressed these comments by defining startup and shutdown based on the 
time during which fuel is fired in a boiler or process heater for the 
purpose of supplying steam or heat for heating and/or producing 
electricity or for any other purpose. As explained in the preamble to 
the January 2013 final rule, the EPA believes these definitions are 
appropriate because boilers and process heaters function to provide 
steam or heat; therefore, boilers and process heaters should be 
considered to be operating normally at all times steam or heat of the 
proper pressure, temperature and flow rate is being supplied to a 
common header system or energy user(s) for use as either process steam 
or for the cogeneration of electricity.
    The EPA also proposed work practices for startup and shutdown 
periods in the December 2011 notice, which generally required employing 
good combustion practices. In the January 2013 final rule, the EPA 
revised the proposed work practice standards after consideration of 
comments received. Among other things, the revised final work practice 
standards required sources to combust clean fuels during startup and 
shutdown periods and required sources to engage air pollution control 
devices (APCDs) when coal, biomass or heavy oil are fired in the boiler 
or process heater. (See 78 FR 7198-99.)
    We are granting reconsideration on the definitions of startup and 
shutdown and the work practices that apply during these periods that 
are in the January 2013 final rule and are also proposing certain 
revisions to these aspects of the startup and shutdown provisions that 
are in the January 2013 final rule. We are also proposing an alternate 
definition of startup and an alternate work practice provision 
regarding the engaging of pollution control devices.
1. Definitions
    We are soliciting comment on the definition of startup and shutdown 
that were promulgated in the January 2013 final rule, with the 
clarifying revisions explained below. We are proposing to revise the 
definitions of startup and shutdown in this reconsideration notice as 
set forth in 40 CFR 63.7575. Petitioners asserted that the final rule's 
definitions of startup and shutdown were not sufficiently clear. We are 
proposing to revise the definitions as explained below.
    a. Definition of Startup Period. In addition to soliciting public 
comment on the definition of startup contained in the January 2013 
final rule, the EPA is proposing to add an alternate definition to the 
definition of startup that is in the January 2013 final rule. We are 
proposing to allow sources to use either definition of startup when 
complying with the startup requirements. As explained in more detail 
below, under the alternate definition, startup would end four hours 
after the unit begins supplying useful thermal energy.
    Specifically, the EPA is proposing the alternate definition to 
clarify that, in terms of the first-ever firing of fuel, startup begins 
when fuel is fired for the purpose of supplying useful thermal energy 
(such as steam or heat) for heating, process, cooling, and/or producing 
electricity and to clarify that startup ends 4 hours after when the 
boiler or process heater makes useful thermal energy. The proposed 
clarification regarding the end of startup would apply to first-ever 
startups as well as startups occurring after shutdown events. With 
regard to when startup begins after a shutdown event, the alternate 
definition is the same as the definition in the January 31, 2013, final 
rule. That is, startup begins with the firing of fuel in a boiler for 
any purpose after a shutdown event.
    In this alternate definition, we are proposing the clarification 
regarding the first-ever firing of fuel to address implementation 
issues regarding ``pre-startup'' activities that are done as part of 
installing a new boiler or process heater. Under the January 2013 
definition of ``startup,'' a new boiler or process heater would be 
considered to have started up, and be subject to the rule, when it 
first fires fuel ``for any purpose.'' However, a newly installed unit 
needs to be tested to ensure that it was properly installed and will 
operate as it was designed and that all associated components were also 
properly installed and will operate as designed. The EPA did not intend 
for the startup period to begin when newly installed units first fire 
fuel for testing or other pre-startup purposes because such firing of 
fuel does not represent normal operation of the unit.
    The EPA is also proposing in the alternate definition to replace 
the term ``steam and heat'' in the January 2013 definition of startup 
with the term ``useful thermal energy.'' This proposed revision would 
apply to first-ever startups as well as startups after shutdown events 
and is intended to address the issue raised by petitioners that the 
language in the January 2013 definition regarding the end of the 
startup period is ambiguous since once fuel is fired some steam or heat 
is generated but not in useful or controllable quantities. The 
petitioners comment that it takes time for steam and process fluid to 
be heated to adequate temperatures and pressures for beneficial use and 
that steam or heat should not be construed to be supplied until it is 
of adequate temperature and pressure. The EPA agrees with petitioners 
that the startup period should not end until such time as fuel is fired 
resulting in steam or heat that is useful thermal energy because it 
takes time for steam and process fluids to be heated to adequate 
temperatures and pressures for beneficial use. We believe the 
appropriate criteria for ending startup in the definition should be 
when useful steam is supplied. This proposed change doesn't alter EPA's 
determination that it is not technically feasible to require stack 
testing, in particular, to complete the multiple required test runs 
during periods of startup and shutdown due to physical limitations and 
the short duration of startup and shutdown periods.
    In order to clarify the term ``useful thermal energy,'' we are 
proposing a definition for ``useful thermal energy'' as follows:
    Useful thermal energy means energy (i.e., steam, hot water, or 
process heat) that meets the minimum operating temperature and/or 
pressure required by any energy use system that uses energy provided by 
the affected boiler or process heater.
    The EPA received several petitions for reconsideration of the 
definition of startup in the January 2013 final rule. The petitioners 
commented that this definition does not account for a wide range of 
boilers that operationally are

[[Page 3094]]

still in startup mode even after some steam or heat is supplied to the 
plant. Specifically, the petitioners commented that what constitutes 
``startup'' for all boilers varies widely. For example, petitioners 
claimed that some boilers begin to supply steam or heat for some 
purposes onsite before they have achieved necessary temperature or load 
to engage emission controls.
    The petitioners commented that according to the final rule, a 
boiler supplying even a small amount of steam would no longer be in 
startup and would be required at that point in time to engage emission 
controls. However, petitioners noted that according to equipment 
specifications and established safe boiler operations, a boiler 
operator should not engage emission controls until specific parameters 
are met.
    The petitioners expressed that, above all, the boiler/process 
heater operator's primary concern during startup is safety. The startup 
procedures must ensure that the equipment is brought up to normal 
operating conditions in a safe manner, and startup ends when the 
boiler/process heater and its controls are fully functional. The end of 
startup occurs when safe, stable operating conditions are reached, 
after emissions controls are properly operating. The startup provisions 
should not include requirements that could affect safe operating 
practices.
    The EPA agrees with the petitioners that the startup period should 
not end until such time that all control devices have reached stable 
conditions. The EPA has very limited information specifically for 
industrial boilers on the hours needed for controls to reach stable 
conditions after the start of supplying useful thermal energy. However, 
the EPA does have information for EGUs on the hours to stable control 
operation after the start of electricity generation. Using hour-by-hour 
emissions and operation data for EGUs reported to the agency under the 
Acid Rain Program, we found that controls used on the best performing 
12 percent EGUs reach stable operation within 4 hours after the start 
of electricity generation. See technical support document titled 
``Assessment of Startup Period at Coal-Fired Electric Generating 
Units--Revised'' in the docket. Since the types of controls used on 
EGUs are similar to those used on industrial boilers and the start of 
electricity generation is similar to the start of supplying useful 
thermal energy, we believe that the controls on the best performing 
industrial boilers would also reach stable operation within 4 hours 
after the start of supplying useful thermal energy and have included 
this timeframe in the proposed alternate definition.\2\ This conclusion 
is supported by the very limited information (13 units) the EPA does 
have on industrial boilers and by information submitted by the Council 
of Industrial Boiler Owners obtained from an informal survey of its 
members on the time needed to reach stable conditions during startup. 
We welcome comment and additional information on this point during the 
public comment period.
---------------------------------------------------------------------------

    \2\ It is important to remember that the hour at which startup 
ends is the hour at which reporting for the purpose of determining 
compliance begins. Therefore, sources must collect and report 
operating limit data following the end of startup. These data are 
used in calculating whether a source is in compliance with the 30-
day average operating limits.
---------------------------------------------------------------------------

    b. Definition of Shutdown. In today's action, the EPA is proposing 
to revise the definition of shutdown in the January 2013 final rule. 
The EPA is proposing to clarify that shutdown begins when the boiler or 
process heater no longer makes useful thermal energy and ends when the 
boiler or process heater no longer makes useful thermal energy and no 
fuel is fired in the boiler or process heater. Specifically, the EPA is 
proposing to revise the regulatory text to replace the term ``steam and 
heat'' with the term ``useful thermal energy'' to address the same 
issue as raised by petitioners regarding the language in the definition 
of ``startup'' described above. The EPA did not intend for the shutdown 
period to begin until such time as fuel is no longer fired for the 
purpose of creating useful thermal energy.
    The EPA received several petitions for reconsideration of the 
definition of shutdown in the January 2013 final rule. The petitioners 
expressed concerns that the definition is problematic for units firing 
solid fuels on a grate or in a fluidized bed combustor where the 
residual material in the unit keeps burning after fuel feed to the unit 
is stopped. In this case, petitioners explained that fuel is still 
burning (``being fired'') in the unit despite the fact that load 
reduction is occurring, additional fuel is not being fed, and the 
shutdown process has clearly begun. For this reason, petitioners 
recommend that the shutdown definition be revised to state that 
shutdown begins either when none of the steam and heat from the boiler 
or process heater is supplied for heating and/or producing electricity 
or when fuel is no longer being fed to the boiler or process heater and 
that shutdown ends when there is both no steam or heat being supplied 
and no fuel being combusted in the boiler or process heater.
    The EPA agrees with the petitioners' concerns and intended that the 
shutdown period would begin when fuel is no longer being fired for the 
purpose of creating useful thermal energy. The proposed revisions would 
address the concern raised by the petitioner. The proposed revision is 
appropriate because as the petitioners commented, for certain types of 
boilers where the fuel is combusted on a grate or bed, fuel firing may 
be considered to continue even after fuel feed to the unit is stopped.
2. Work Practice Standards
    In today's action, the EPA is proposing to revise the work practice 
standards in the January 2013 final rule that apply during periods of 
startup and shutdown. Specifically, the EPA is proposing revisions to 
the list of ``clean fuel'' in the January 2013 final rule and is 
proposing an alternate work practice requirement for periods of startup 
and shutdown. Sources would have the choice of complying with the work 
practice requirement contained in the January 2013 final rule or the 
alternate work practice requirement proposed in today's action. 
Additionally, EPA is proposing a process through which sources can seek 
an extension of the time period by which the alternate work practice 
provision requires PM controls to be engaged, based on documented 
safety considerations. Finally, EPA is proposing certain recordkeeping 
and monitoring requirements that would apply to sources that choose to 
comply with the alternate work practice. These proposed provisions are 
described in more detail below.
    a. Clean Fuel Requirement. The January 2013 final rule requires 
sources to startup on ``clean fuel.'' The definition of ``clean fuel'' 
includes several fuels but does not include coal or biomass or other 
solid fuels that many sources use during boiler startup. In the 
December 2011 proposed rule, we solicited comment on ``whether other 
work practices should be required during startup and shutdown, 
including requirements to operate using specific fuels to reduce 
emissions during such periods.''
    In a petition for reconsideration, the petitioners claimed that the 
list of clean fuels, as written, is too narrow. They requested that the 
EPA expand the list to include all gaseous fuels meeting the ``other 
gas 1'' classification as well as biodiesel, as distillate oil is 
sometimes a biodiesel blend. They also requested that fuels that meet 
the total selected metals (TSM), hydrogen chloride (HCl),

[[Page 3095]]

and mercury emission limits using fuel analysis should be added to the 
list of clean fuels. Dry biomass (less than 20-percent moisture 
content) should also be added to the list of clean fuels because they 
claim it will burn cleaner than other solid fuels. Specifically, they 
claim that it is a clean fuel for startup because it exhibits low HCl, 
mercury and CO emissions due to its chloride, mercury, and moisture 
content, and PM emissions would likely be below the dry biomass 
subcategory PM limit. Therefore, the petition states that it is a 
reasonable work practice for solid fuel boilers to burn only dry 
biomass as clean fuel during startup. In addition, the petition 
recommends that permitting authorities should have the flexibility to 
approve other clean fuels that EPA may not have considered (e.g., other 
renewable fuels).
    We are proposing two changes to the list of clean fuels for 
starting up a boiler or process heater. We agree that the list should 
include all gaseous fuels meeting the ``other gas 1'' classification. 
Also, we agree that any fuels that meet the applicable TSM, HCl and 
mercury emission limits using fuel analysis should be added to the list 
of clean fuels because their mercury, HCl and metals emissions would be 
in compliance with the applicable emission limits without the use of 
control devices. Sources would demonstrate compliance either through 
fuel analysis for the relevant parameters or stack testing. The EPA 
does not believe it is necessary to revise the regulatory text of the 
``clean fuel'' definition to specifically include biodiesel on the list 
since the definition of ``distillate oil'' in the rule includes 
biodiesel.
    b. Engaging Pollution Control Devices. The January 2013 final rule 
required boilers and process heaters when they start firing coal/solid 
fossil fuel, biomass/bio-based solids, heavy liquid fuel or gas 2 
(other) gases to engage applicable pollution control devices except for 
limestone injection in fluidized bed combustion (FBC) boilers, dry 
scrubbers, fabric filters, selective non-catalytic reduction (SNCR) and 
selective catalytic reduction (SCR), which must start as expeditiously 
as possible. The EPA received several petitions for reconsideration of 
this aspect of the work practice standard.
    The petitioners expressed concerns that the requirement for 
engaging applicable control devices does not accommodate potential 
safety problems relative to electrostatic precipitator (ESP) operation. 
Comments and recommended manufacturer operating procedures provided to 
the EPA during the comment period for the December 2011 proposal 
explained the potential hazards associated with ESP energization when 
unburned fuel may be present with oxygen levels high enough that the 
mixture can be in the flammable range. The petitioners referenced these 
comments and requested that the EPA needs to reconsider this safety 
issue and revise the requirements to include ESP energization with the 
other controls that are to be started as expeditiously as possible 
rather than when solid fuel firing is first started. In addition, they 
claim that the ESP cannot practically be engaged until a certain flue 
gas temperature is reached. Specifically, they claim that premature 
starting of this equipment will lead to short-term stability problems 
that could result in unsafe actions and longer term degradation of ESP 
performance due to fouling, increased chances of wire damage, or 
increased corrosion within the chambers. They also state that vendors 
providing this equipment incorporate these safety and operational 
concerns into their standard operating procedures. For example, they 
claim that some ESPs have oxygen sensors and alarms that shut down the 
ESP at high flue gas oxygen levels to avoid a fire in the unit. The 
oxygen level is typically high during startup, so the ESP may not 
engage due to these safety controls until more stable operating 
conditions are reached. Therefore, the petitioners request that ESPs be 
included in the list of air pollution controls that must be started as 
expeditiously as possible.
    Considering the petitioners' comments, the EPA is proposing an 
alternate work practice requirement for operating air pollution control 
devices during periods of startup as follows.
    Boilers and process heaters owners and operators shall, when firing 
coal/solid fossil fuel, biomass/bio-based solids, heavy liquid fuel or 
gas 2 (other) gases, vent emissions to the main stack(s) and engage all 
of the applicable control devices so as to comply with the emission 
limits within 4 hours of start of supplying useful thermal energy. 
Owners and operators must effect PM control within one hour of first 
firing coal/solid fossil fuel, biomass/bio-based solids, heavy liquid 
fuel or gas 2 (other) gases. Owners and operators must start all 
applicable control devices as expeditiously as possible, but, in any 
case, when necessary to comply with other standards applicable to the 
source by a permit limit or a rule other than this subpart that require 
operation of the control devices.
    The EPA believes that the control technology operation related 
requirements we are proposing are practicable and broadly applicable. 
Owners and operators of boilers and process heaters have options to 
minimize any potential for detrimental impacts on hardware and any 
safety concerns, such as using clean fuels until appropriate flue gas 
conditions have been reached and then switching to the primary fuel. In 
addition, we are proposing in the alternate work practice requirement 
that owners and operators of boilers and process heaters, if they have 
an applicable emission limit, must develop and implement a written 
startup and shutdown plan (SSP) according to the requirements in Table 
3 to this subpart and that the SSP must be maintained onsite and 
available upon request for public inspection. Also in the alternate 
work practice requirement, we are proposing to allow a source to 
request a unit-specific case-by-case extension to the 1-hour period for 
engaging the PM controls. However, the EPA will only consider 
extensions for units that can provide evidence of a documented 
manufacturer-identified safety issue and can provide proof that the PM 
control device is adequately designed and sized to meet the filterable 
PM emission limit. In its request for the case-by-case determination, 
the owner/operator must provide, among other materials, documentation 
that: (1) The unit is using clean fuels to the maximum extent possible 
to alleviate or prevent the safety issue prior to the combustion of 
coal/solid fossil fuel, biomass/bio-based solids, heavy liquid fuel or 
gas 2 (other) gases in the unit, (2) the source has explicitly followed 
the manufacturer's procedures to alleviate or prevent the safety issue, 
(3) details the manufacturer's statement of concern, and (4) provides 
evidence that the PM control device is adequately designed and sized to 
meet the PM emission limit.
    In order to clarify that the work practice does not supersede any 
other standard or requirements to which the affected source is subject, 
the EPA is including in the proposed alternate work practice provision 
a requirement that requires control devices to operate when necessary 
to comply with other standards (e.g., new source performance standards, 
state regulations) applicable to the source that require operation of 
the control device.
    In addition, to ensure compliance with the proposed definition of 
startup and the work practice standard that applies during startup 
periods, we are proposing that certain events and parameters be 
monitored and recorded during the startup periods. These events include 
the time when firing (i.e., feeding) starts for coal/solid fossil fuel,

[[Page 3096]]

biomass/bio-based solids, heavy liquid fuel or gas 2 (other) gases; the 
time when useful thermal energy is first supplied; and the time when 
the PM controls are engaged. The parameters to be monitored and 
recorded include the hourly steam temperature, hourly steam pressure, 
hourly flue gas temperature, and all hourly average CMS data (e.g., 
CEMS, PM CPMS, continuous opacity monitoring systems (COMS), ESP total 
secondary electric power input, scrubber pressure drop, scrubber liquid 
flow rate) collected during each startup period to confirm that the 
control devices are engaged.
    We request comments on (1) the startup and shutdown provisions 
(definitions and work practices) in the January 2013 final rule, (2) 
the proposed alternate definition for ``startup'' and the proposed 
alternate work practice (item 5.c.(2) of Table 3 of proposed rule) for 
the startup period, and (3) the recordkeeping requirements being 
proposed for the startup periods.

B. CO Limits Based on a Minimum CO Level of 130 ppm

    In the January 2013 final rule, EPA established a CO emission limit 
for certain subcategories at a level of 130 ppm, based on an analysis 
of CO levels and associated organic HAP emissions reductions. See 78 FR 
7144. The EPA received a petition for reconsideration of these CO 
limits in the January 2013 final rule. The petitioner claimed that 
these limits do not satisfy the statutory requirement that the MACT 
standard for existing sources is no less stringent than the average 
emission limitation achieved by the best performing twelve percent of 
units in the subcategory and that EPA's rationale for adopting these 
limits is unrelated to this statutory MACT requirement.
    The EPA revised these particular CO limits in the January 2013 
final rule in part based on comments received during the comment period 
for the December 2011 proposed rule stating that a CO emission standard 
no lower than 100 ppm, corrected to 7-percent oxygen, is adequate to 
assure complete control of organic HAP.
    As explained in the preamble to the January 2013 final rule, 
formaldehyde was selected as the basis of the organic HAP comparison 
because it was the most prevalent organic HAP in our emission database 
and a large number (over 300) of paired test runs existed for CO and 
formaldehyde. The linear relationship between CO and formaldehyde 
emissions exhibits a high correlation for CO levels above 150 ppm, 
supporting the selection of CO as a surrogate for organic HAP 
emissions. In assessing the correlation between CO and formaldehyde, a 
trend can be seen that formaldehyde levels are lowest when CO emissions 
are in the range of 150 to 300 ppm. At levels lower than 150 ppm, the 
mean levels of formaldehyde appear to increase. Based on this analysis, 
we promulgated a minimum MACT floor level for CO of 130 ppm, at 3-
percent oxygen, (which is equivalent to 100 ppm corrected to 7-percent 
oxygen) which we believe is protective of human health and the 
environment.
    The EPA does not believe the petitioners have provided sufficient 
justification that the revised CO limits in the January 2013 final rule 
do not satisfy the CAA's statutory floor requirements, and the EPA 
continues to believe that these standards do in fact satisfy the CAA's 
floor requirements. CAA section 112(d)(3) states that emission 
standards for existing sources shall not be less stringent, and may be 
more stringent than ``the average emission limitation achieved by the 
best performing sources (for which the Administrator has emission 
information).'' If ``lowest emitting'' is used as the measure for 
determining ``best performing'' sources, then the 130 ppm standard does 
satisfy the CAA's floor requirements. When the available formaldehyde 
emission information is ranked and the best performing 12 percent 
identified, the mathematical average of the best performing units' 
corresponding CO emission levels is 240 ppm which is in the range, 
previously indicated, that formaldehyde emission levels are lowest.
    However, in consideration of the fact that the public lacked the 
opportunity to comment on the CO emission limits established at the 
level of 130 ppm, corrected to 3-percent oxygen, the EPA has granted 
reconsideration on the CO emission limits established at the level of 
130 ppm, corrected to 3-percent oxygen, to provide an additional 
opportunity for public comment on those limits. The EPA is not 
soliciting comment on any other CO limits, or on other issues relating 
to establishment of CO limits, including the question of whether EPA 
should establish work practice standards for CO instead of numeric 
limits.
    If, after evaluating all comments and data received on this issue, 
the EPA determines that amendments to the CO emission limits 
established at the level of 130 ppm, corrected to 3-percent oxygen, may 
be appropriate, we will propose such amendments in a future regulatory 
action.

C. Use of PM CPMS Including Consequences of Exceeding the Operating 
Parameter

    The January 2013 amended final rule requires units combusting solid 
fossil fuel or heavy liquid with heat input capacities of 250 million 
British thermal units per hour (MMBtu/hr) or greater to install, 
maintain, and operate PM CPMS. The provisions regarding PM CPMS in the 
January 2013 final rule are consistent with regulations for similarly-
sized commercial and industrial solid waste incinerator units, Portland 
cement kilns, and EGUs subject to the Mercury and Air Toxics Standards 
(MATS) Rule.
    The March 21, 2011, final rule required boilers with a heat input 
rate greater than 250 MMBtu/hr from solid fuel and/or residual oil to 
install and operate a PM CEMS to demonstrate compliance with the 
applicable PM emission limit. In petitions for reconsideration to the 
March 2011 final rule, petitioners objected to this requirement, 
claiming that the EPA had failed to consider the ability of PM CEMS to 
meet the required Performance Specification 11 (PS 11) criteria, or to 
accurately measure PM, at the levels of the proposed standards. In the 
December 2011 Reconsideration proposal, the EPA acknowledged 
petitioners' concerns regarding application of PM CEMS technology to 
various types of boilers, and concluded that for coal- and oil-fired 
boilers PM CEMS would best be employed as parametric monitors (i.e., as 
a PM CPMS). Specifically, rather than correlate the PM CEMS to the EPA 
reference method using PS 11, the EPA proposed that sources establish a 
site-specific enforceable operating limit in terms of the PM CPMS 
output during the initial and periodic performance tests, and meet that 
operating limit on a 30-day rolling average basis. However, commenters 
objected to the EPA's proposal to impose an enforceable site-specific 
operating limit based on output during a short-term stack test which 
would not capture the variability in PM CPMS output that may occur 
during operations consistent with the PM limit.
    In the January 2013 final rule, the EPA finalized the requirement 
for use of a PM CPMS, but added provisions allowing sources a certain 
number of exceedances of the operating parameter limit before an 
exceedance would be presumed to be a violation, and allowing certain 
low emitting sources to ``scale'' their site-specific operating limit 
to 75 percent of the emission standard. Specifically, under the January 
2013 final rule, boilers opting to

[[Page 3097]]

use PM CPMS will establish an operating limit as the average parameter 
value (in terms of raw output from a PM CEMS) obtained during the 
performance test and, if the boiler did not exceed 75 percent of the 
emission limit during the performance test, the boiler may linearly 
scale the average parameter value up to 75 percent of the limit to 
obtain a new scaled parameter. Compliance with the parameter limit is 
determined on a 30-boiler-operating-day rolling average basis. For any 
exceedance of the 30-boiler-operating-day PM CPMS value, the owner or 
operator must (1) inspect the control device within 48 hours and, if a 
cause is identified, take corrective action as soon as possible, and 
(2) conduct a new performance test to verify or reestablish the 
operating limit within 30 calendar days. Additional exceedances that 
occur between the original exceedance and the performance test do not 
trigger another test. Up to four performance tests may be triggered in 
a 12-month rolling period without additional consequences. However, 
each additional performance test that is triggered would constitute a 
separate presumptive violation.
    The EPA received a petition for reconsideration on the use of PM 
CPMS. Specifically, the petitioner stated that while the option has the 
advantage of avoiding the testing issues associated with PS 11 
correlations of PM CEMS, absent that correlation the parameter is 
nothing more than an indicator that PM may be increasing or decreasing. 
Therefore, while it is useful as a tool to identify the need for 
investigation and corrective action, the petitioner does not believe it 
is an appropriate tool to establish a violation as long as the 
requirement for corrective action is met.
    The petitioner claimed that any affected boiler that tests at its 
normal operating condition to establish a PM CPMS operating limit could 
be testing at a level well below the applicable emission limit. For 
such a boiler, the petitioner does not believe there is any basis to 
assume that an exceedance (or even multiple exceedances) of a 30-
boiler-operating-day rolling average parameter limit indicates that the 
emission limit was exceeded, or that controls were not operated 
properly. Rather, the petitioner claims, it simply means that emissions 
on average probably were above the level of emissions during the last 
successful performance test. Unless the source has collected data to 
determine what PM CPMS parameter level is equivalent to a violation of 
the emission standard, the petitioner states that there is no basis to 
suggest that any parameter exceedance is a violation. The petitioner 
also argued that if a source that has invested in a PM CPMS is 
conducting appropriate investigations and corrective action in response 
to parameter exceedances, there is no basis to label the source a 
violator as a result of its fourth successful performance test in a 12-
month period.
    In its petition for reconsideration, the petitioner also expressed 
concerns about the scaling procedure that the EPA added to that rule in 
an attempt to address the fact that ``actual stack emissions of PM 
could still be well below the limit.'' The petitioner expressed 
appreciation of the EPA's attempt to address that issue for industrial 
boilers by also allowing scaling of the as-tested parameter value. 
However, the petitioner claims that EPA's use of 75 percent of the 
emission level as the upper point is arbitrary and still puts sources 
that are operating with significant compliance margin at risk of a 
violation. For a scaled limit to justify a violation, the petitioner 
believes that the EPA must establish not only the consistency of the 
uncorrelated measurements over time, but allow scaling up to 100 
percent of the emission limit. Only at that point would there be a 
reasonable basis to conclude that a performance test might have failed.
    In sum, the petitioner claimed that for PM CPMS to be useful as an 
alternative to stack testing for compliance with the alternate TSM 
standards or PM CEMS, the EPA must (1) allow scaling up to 100 percent 
of the emission limit, and (2) remove its definition of a violation in 
favor of a pure investigation and corrective action approach.
    The EPA is not proposing to revise the PM CPMS provisions in the 
January 31, 2013, final rule. The basis for the inclusion of the 
definition of a violation is that the site-specific CPMS limit could 
represent an emissions level higher than the proposed numerical 
emissions limit since the PM CPMS operating limit corresponds to the 
highest of the three runs collected during the Method 5 performance 
test. Second, the PM CPMS operating limit reflects a 30-day average 
that should represent an actual emissions level lower than the three 
test run numerical emissions limit since variability is mitigated over 
time. Consequently, we believe that there should be few if any 
deviations from the 30-day parametric limit and there is a reasonable 
basis for presuming that deviations that lead to multiple performance 
tests to represent poor control device performance and to be a 
violation of the standard. We continue to believe that there should be 
few if any deviations from the 30-day parametric limit and that there 
is a reasonable basis for presuming that deviations that lead to 
multiple performance tests represent poor control device performance 
and therefore constitute a presumptive violation of the standard, 
particularly since that presumption can be rebutted. Therefore, we 
continue to believe that PM CPMS deviations leading to more than four 
required performance tests in a 12-month process operating period 
should be presumed a violation of this standard, subject to the 
source's ability to rebut that presumption with information about 
process and control device operations in addition to the Method 5 
performance test results. Therefore, the EPA is not proposing to revise 
that PM CPMS provision in the January 2013 final rule.
    Based on an extensive analysis (see S. Johnson's memo 
``Establishing an Operating Limit for PM CPMS'', November 2012, docket 
ID number EPA-HQ-OAR-2011-0817-0840), we also continue to believe a 
scaling factor of 75 percent of the emission limit as a benchmark is 
appropriate and are not proposing to revise that provision of the 
January 2013 final rule. We recognized that non-linear instruments 
provide increased uncertainty in estimating PM concentrations above the 
performance test data point and, after considering several options, we 
determined that the 75-percent scaling cap was appropriate for 
protecting the emission standard in this regard. This option provided 
flexibility for low emitting and well-operated sources, and was 
determined to be a reasonable compromise between flexibility for the 
regulated source and assurance that the emission standard is met. 
Seventy-five percent of the emission limit is an already-established 
threshold in the Standards of Performance for New Stationary Sources 
and Emission Guidelines for Existing Sources: Commercial and Industrial 
Solid Waste Incineration Unit (76 FR 15757) to determine the frequency 
of subsequent compliance testing. In that rule, owners or operators of 
sources were able to reduce their performance test frequency when 
emissions were equivalent with or below 75 percent of the limits. 
Otherwise, performance testing was to occur at the normal frequency 
prescribed in the rule. We believe this threshold can be used in 
conjunction within a PM CPMS scaling factor, as results above 75 
percent of the equivalent emissions limit would be ineligible for 
scaling factor use and could lead to increased performance testing and 
potentially to a presumptive

[[Page 3098]]

violation, while results equivalent with or below 75 percent of the 
emissions limit would be eligible for scaling factor use and provide 
greater operational flexibility for sources demonstrating compliance at 
lower emission rates.
    For these reasons, the EPA is not proposing to revise the 
requirements in 40 CFR 63.7440(a)(18) for demonstrating continuous PM 
emission compliance using a PM CPMS. However, the EPA is soliciting 
additional comment on these requirements in today's action. The EPA 
welcomes comments on these provisions, including whether the provisions 
are necessary or appropriate. If a commenter suggests revisions to the 
provisions, the commenter should provide detailed information 
supporting any such revision.

IV. Technical Corrections and Clarifications

    We are proposing several technical corrections. These amendments 
are being proposed to correct inadvertent errors 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 Table 1 of this preamble. We request comment on all of these 
proposed changes.

Table 1--Miscellaneous Proposed Technical Corrections to 40 CFR Part 63,
                              Subpart DDDDD
------------------------------------------------------------------------
   Section of subpart DDDDD        Description of proposed correction
------------------------------------------------------------------------
40 CFR 63.7491(a)............  Revise the language in this paragraph to
                                clarify that natural gas-fired EGUs as
                                defined in subpart UUUUU are not subject
                                to the rule if firing at least 90
                                percent natural gas.
40 CFR 63.7491(j)............  Revise this paragraph to include the
                                words ``and process heaters'' to clarify
                                that it also applies to process heaters.
40 CFR 63.7491(l)............  Revise this paragraph to include the
                                words ``and process heaters'' to clarify
                                that it also applies to process heaters.
40 CFR 63.7491(n)............  Insert paragraph (n) which was in amended
                                final rule but inadvertently had the
                                wrong amendatory instruction to be
                                included in the CFR.
40 CFR 63.7495(a)............  Revise this paragraph to correctly
                                include the effective date (April 1,
                                2013) instead of the publication date
                                (January 31, 2013) of the amendments.
40 CFR 63.7495(e)............  Revise this paragraph to add the language
                                which was in amended final rule but
                                inadvertently had the wrong amendatory
                                instruction to be included in the CFR.
40 CFR 63.7495(f)............  Revise this paragraph to correctly list
                                the date (January 31, 2016) after which
                                existing EGUs that become subject to the
                                rule must be in compliance.
40 CFR 63.7495(h) and (i)....  Insert these paragraphs to clarify when
                                existing and new affected units that
                                switch subcategories due to fuel switch
                                or physical change must be in compliance
                                with the provisions of the new
                                subcategory.
40 CFR 63.7500(a)............  Revise this paragraph to delete the comma
                                after ``paragraphs (b).''
40 CFR 63.7500(a)(1)(ii).....  Revise this paragraph by adding the words
                                ``on or'' to include May 20, 2011.
40 CFR 63.7500(a)(1)(iii)....  Revise this paragraph by adding the words
                                ``on or'' to include December 23, 2011
                                and to correctly include the effective
                                date (April 1, 2013) instead of the
                                publication date (January 31, 2013) of
                                the amendments.
40 CFR 63.7500(f)............  Revise this paragraph to clarify that
                                only items 5 and 6 of Table 3 apply
                                during periods of startup and shutdown.
40 CFR 63.7505(a)............  Revise this paragraph by adding the words
                                ``emission and operating'' to clarify
                                the limits that apply at all times.
40 CFR 63.7505(c)............  Revise this paragraph by adding the word
                                ``stack'' to clarify that the
                                performance testing referred to is
                                performance stack testing.
40 CFR 63.7510(a)(2)(ii).....  Revise this paragraph to clarify our
                                intent on fuel type for the analysis
                                requirements for gaseous fuels.
40 CFR 63.7510(a)............  Revise this paragraph by adding the word
                                ``stack'' to clarify that the
                                performance tests referred to are
                                performance stack test.
40 CFR 63.7510(c)............  Revise this paragraph to correct the
                                reference to tables 1 and 2, not 12.
40 CFR 63.7510(e)............  Revise this paragraph to remove reference
                                to paragraph (j) for the one-time energy
                                assessment because paragraph (j) only
                                repeat the compliance date as indicated
                                in paragraph (e) and to pluralize the
                                word ``demonstration.''
40 CFR 63.7510(g)............  Revise this paragraph to correct the
                                references to 40 CFR 63.7515(d), not 40
                                CFR 63.7540(a) to clarify the
                                appropriate schedule for conducting
                                periodic tune-ups.
40 CFR 63.7510(i)............  Revise this paragraph to correctly list
                                the initial compliance date (January 31,
                                2016).
40 CFR 63.7510(k)............  Add this paragraph to clarify the
                                appropriate schedule for conducting
                                performance tests after a switch in
                                subcategory.
40 CFR 63.7515(d)............  Revise this paragraph to clarify that the
                                first annual, biennial, or 5-year tune-
                                up must be no later than 13 months, 25
                                months, or 61 months, respectively,
                                either after April 1, 2013, or the
                                initial startup of the new or
                                reconstructed affected source, whichever
                                is later.
40 CFR 63.7515(h)............  Revise this paragraph to clarify that
                                ``performance tests'' refers to both
                                stack tests and fuel analyses.
40 CFR 63.7521(a)............  Revise this paragraph to clarify that
                                gaseous and liquid fuels are not exempt
                                from the sampling requirements in Table
                                6 of the rule.
40 CFR 63.7521(c)(1)(ii).....  Revise this paragraph to remove the
                                requirement to collect monthly samples
                                at 10-day intervals because it is
                                inconsistent with the requirement for
                                monthly fuel analysis in 40 CFR
                                63.7515(e).
40 CFR 63.7521(f)............  Revise this paragraph to clarify that the
                                two methods listed in Table 6 for
                                determining the mercury concentration
                                for other gas 1 fuels are alternatives.
40 CFR 63.7521(g)............  Revise this paragraph to remove the
                                requirement to submit for review and
                                approval a site-specific fuel analysis
                                plan for other gas 1 fuels because
                                paragraph (g)(1) requires the plan to be
                                submitted for review and approval only
                                if an alternative analytical method
                                other than those required by Table 6 is
                                intended to be used.
40 CFR 63.7521(h)............  Revise this paragraph to remove the
                                reference to sampling procedures listed
                                in Table 6 because there are no sampling
                                procedures listed in Table 6 for gaseous
                                fuel.
40 CFR 63.7522(c)............  Revise this paragraph by changing wording
                                from ``January 31, 2013'' (publication
                                date of the amendments) to ``April 1,
                                2013'' (the effective date of the
                                amendments.
40 CFR 63.7522(d)............  Revise this paragraph by changing wording
                                from ``operating'' to ``subject to
                                numeric emission limits'' to clarify
                                that the numeric emission limits do not
                                apply during startup and shutdown
                                periods.
40 CFR 63.7522(j)(1).........  Revise Equation 6 to delete ``nanograms
                                per dry standard cubic meter (ng/dscm)''
                                from both EN and Eli since there are not
                                numeric emission limits for dioxin.

[[Page 3099]]

 
40 CFR 63.7525(a)............  Revise the paragraph to clarify that the
                                procedures for installing oxygen
                                analyzer system or CO CEMS do not
                                include paragraph (a)(7) because (a)(7)
                                does not require the installation of an
                                oxygen trim system.
40 CFR 63.7525(a), (a)(1),     Revise these paragraphs to clarify that
 (a)(2), (a)(3), and (a)(5).    carbon dioxide may be used as an
                                alternative to using oxygen in
                                correcting the measured CO CEMS data
                                without petitioning for an alternative
                                monitoring procedure.
40 CFR 63.7525(a)(7).........  Revise this paragraph to clarify the
                                oxygen set point for a source not
                                required to conduct a CO performance
                                test.
40 CFR 63.7525(b) and (b)(1).  Remove the word ``certify'' because there
                                is no certification procedure for PM
                                CPMS.
40 CFR 63.7525(b)(1)(iii)....  Revise this paragraph to clarify that the
                                0.5 milligram per actual cubic meter is
                                the detection limit.
40 CFR 63.7525(g)(3).........  Revise this paragraph to clarify that the
                                pH monitor is to be calibrated each day
                                and not performance evaluated which is
                                covered in 40 CFR 63.7525(g)(4).
40 CFR 63.7525(m)............  Revise this paragraph to clarify that 40
                                CFR 63.7525(m) is only applicable if the
                                source elects to use an SO2 CEMS to
                                demonstrate compliance with the HCl
                                emission limit and to clarify that the
                                SO2 CEMS can be certified according to
                                either part 60 or part 75.
40 CFR 63.7530...............  Revise equations 7, 8, and 9 to clarify
                                that for ``Qi'' the highest content of
                                chlorine, mercury, and TSM is used only
                                for initial compliance and the actual
                                fraction is used for continuous
                                compliance demonstration.
40 CFR 63.7530(a)............  Revise this paragraph to clarify which
                                fuels are exempt from analysis by cross-
                                referencing 40 CFR 63.7510(a)(2),
                                instead of only 40 CFR 63.7510(a)(2)
                                (i).
40 CFR 63.7530(b)............  Revise this paragraph by adding the word
                                ``stack'' to clarify that the
                                performance testing referred to is
                                performance stack testing.
40 CFR 63.7530(b)(4)(iii) to   Revise the numbering of these paragraphs
 (viii).                        to correct sequence.
40 CFR 63.7530(c)(3).........  Revise the reference to Equation 11 to be
                                Equation 15, to accommodate the change
                                in numbering of equations.
40 CFR 63.7530(c)(4).........  Revise the reference to Equation 11 to be
                                Equation 15, to accommodate the change
                                in numbering of equations.
40 CFR 63.7530(c)(5).........  Revise the reference to Equation 11 to be
                                Equation 15, to accommodate the change
                                in numbering of equations.
40 CFR 63.7530(d)............  Amend this paragraph to clarify that the
                                requirement to include a signed
                                statement that the tune-up was conducted
                                is applicable to all existing units.
40 CFR 63.7530(e)............  Amend this paragraph to clarify that the
                                energy assessment is also considered to
                                have been completed if the maximum
                                number of on-site technical hours
                                specified in the definition of energy
                                assessment applicable to the facility
                                has been expended.
40 CFR 63.7530(h)............  Revise this paragraph to clarify that
                                both items 5 and 6 of Table 3 apply
                                during periods of startup and shutdown.
40 CFR 63.7530(i)(3).........  Revise this paragraph to read ``maximum''
                                instead of ``minimum'' to be consistent
                                with item 10 of Table 4 to subpart
                                DDDDD.
40 CFR 63.7533(e)............  Revise this paragraph by changing wording
                                from ``operating'' to ``subject to
                                numeric emission limits'' to clarify
                                that the numeric emission limits do not
                                apply during startup and shutdown
                                periods.
40 CFR 63.7535(c)............  Amend this paragraph to clarify that data
                                recorded during periods of startup and
                                shutdown may not be used to report
                                emissions or operating levels.
40 CFR 63.7535(d)............  Amend this paragraph to clarify that data
                                recorded during periods of startup and
                                shutdown may not be used to report
                                emissions or operating levels and that
                                the report for reporting periods when
                                the monitoring system is out of control
                                is the facility's ``semi-annual''
                                report.
40 CFR 63.7540(a)(2).........  Revise the reference to 40 CFR 63.7550(c)
                                to 40 CFR 63.7555(d).
40 CFR 63.7540(a)(3) and       Revise the reference to Equation 12 to
 (a)(3)(iii).                   Equation 16, to accommodate the change
                                in numbering of equations.
40 CFR 63.7540(a)(5) and       Revise the reference to Equation 13 to
 (a)(5)(iii).                   Equation 17, to accommodate the change
                                in numbering of equations.
40 CFR 63.7540(a)(8)(ii).....  Revise this paragraph by changing wording
                                from ``operating'' to ``subject to
                                numeric emission limits'' to clarify
                                that the numeric emission limits do not
                                apply during startup and shutdown
                                periods.
40 CFR 63.7540(a)(10)........  Amend this paragraph to clarify that the
                                tune-up must be conducted while burning
                                the type of fuel that provided the
                                majority of the heat input over the 12
                                months prior to the tune-up.
40 CFR 63.7540(a)(10)(vi)....  Revise paragraph to remove the word
                                ``annual'' because not all facilities
                                will necessarily be subject to an annual
                                tune-up requirement.
40 CFR 63.7540(a)(17) and      Revise the reference to Equation 14 to
 (a)(17)(iii).                  Equation 18, to accommodate the change
                                in numbering of equations.
40 CFR 63.7540(a)(19)(iii)...  Revise the reference from paragraph (i)
                                to paragraph (v).
40 CFR 63.7540(d)............  Revise the reference to item 5 of Table 3
                                to items 5 and 6 of Table 3 to
                                accommodate the splitting of the work
                                practice for startup and shutdown into
                                two separate items in Table 3.
40 CFR 63.7545(e)(8)(i)......  Revise this paragraph by changing the
                                wording from ``complies with'' to
                                ``completed'' to add clarity.
40 CFR 63.7545(h)............  Revise this paragraph to clarify the
                                paragraph also applies to process
                                heaters.
40 CFR 63.7550(b)............  Revise this paragraph to clarify that
                                units subject only to both the energy
                                assessment and tune-up requirements may
                                submit only an annual, biennial, or 5-
                                year compliance report.
40 CFR 63.7550(b)(1), (b)(2),  Revise these paragraphs to add the word
 (b)(3), and (b)(4).            ``semi-annual'' to clarify that the
                                compliance report initially discussed in
                                each paragraph is the semi-annual report
                                required for units subject to emission
                                limits.
40 CFR 63.7550(b)(1).........  Revise this paragraph to change the
                                reporting period end dates to be
                                consistent with the dates in 40 CFR
                                63.7550(b)(3).
40 CFR 63.7550 (c)(1)........  Revise this paragraph to remove the word
                                ``a,'' to change the wording from
                                ``they'' to ``you'' and to add reference
                                to 40 CFR 63.7550(c)(5)(xvii).
40 CFR 63.7550 (c)(2) and      Revise these paragraphs to add reference
 (c)(3).                        to 40 CFR 63.7550(c)(5)(xvii).
40 CFR 63.7550 (c)(3)........  Revise this paragraph to add reference to
                                40 CFR 63.7550(c)(5)(viii).
40 CFR 63.7550 (c)(2), (c)(3)  Revise these paragraphs to change the
 and (c)(4).                    wording from ``a facility is'' to ``you
                                are'' and ``they'' to ``you.''
40 CFR 63.7550 (c)(4)........  Revise the paragraph to include reference
                                to paragraph (c)(5)(xii).

[[Page 3100]]

 
40 CFR 63.7550(c)(5)(viii)...  Revise the reference to Equation 12 to
                                Equation 16, the reference to Equation
                                13 to Equation 17, and the reference to
                                Equation 14 to Equation 18, to
                                accommodate the change in numbering of
                                equations.
40 CFR 63.7550(d)............  Revise this paragraph to clarify that
                                deviations from the work practice
                                standards for periods of startup and
                                shutdown must also be included in the
                                compliance report.
40 CFR 63.7550(h)............  Revise the paragraph to update electronic
                                reporting requirements.
40 CFR 63.7555(a)(3).........  Redesignating paragraph 63.7550(d)(3) as
                                new paragraph 63.7550(a)(3) because
                                limited use units are not subject to
                                emission limits.
40 CFR 63.7555(d)(4).........  Change the reference to Equation 12 to
                                Equation 16, to accommodate the change
                                in numbering of equations.
40 CFR 63.7555(d)(5).........  Change the reference to Equation 13 to
                                Equation 17, to accommodate the change
                                in numbering of equations.
40 CFR 63.7555(d)(9).........  Change the reference to Equation 14 to
                                Equation 18, to accommodate the change
                                in numbering of equations.
40 CFR 63.7555(i) and (j)....  Delete paragraphs because paragraphs (i)
                                and (j) are identical to paragraphs
                                (d)(10) and (d)(11) to be consistent
                                with the intent of the amendments to
                                limit these reporting requirements to
                                units subject to emission limits.
40 CFR 63.7575...............  Revise the definition of ``Coal'' to
                                clarify that coal derived liquids are
                                considered to be a liquid fuel type.
                               Add new definition of ``Fossil fuel'' to
                                clarify what is meant by ``fossil fuel''
                                in the definition of ``Electric utility
                                steam generating unit.''
                               Revise the definition of ``Limited-use
                                boiler or process heater'' to remove the
                                word ``average'' to eliminate confusion
                                regarding its use in the definition and
                                maintain consistent terminology within
                                the subpart.
                               Revise the definition of ``Load
                                fraction'' to clarify how load fraction
                                is determined for a boiler or process
                                heater cofiring natural gas.
                               Revise the definition of ``Oxygen trim
                                system'' to include draft controller and
                                to clarify that it is a system that
                                maintains the desired excess air level
                                over the operating load range.
                               Revise the definition of ``Steam output''
                                to clarify how steam output is
                                determined for multi-function units and
                                units supplying steam to a common
                                header.
                               Revise the definition of ``Temporary
                                boiler'' to clarify that the definition
                                is also applicable to process heaters.
Table 1 to subpart DDDDD.....  Revise the subcategory ``Stokers designed
                                to burn coal/solid fossil fuel'' to
                                clarify that the subcategory includes
                                ``other combustors'' consistent with the
                                stokers designed to burn biomass
                                subcategories.
                               Add footnote ``d'' to clarify that carbon
                                dioxide may be used as an alternative to
                                using oxygen in correcting the measured
                                CO CEMS data without petitioning for an
                                alternative monitoring procedure.
Table 2 to subpart DDDDD.....  Revise the subcategory ``Stokers designed
                                to burn coal/solid fossil fuel'' to
                                clarify that the subcategory includes
                                ``other combustors'' consistent with the
                                stokers designed to burn biomass
                                subcategories.
                               Revise the CO emission limit for hybrid
                                suspension grate units to account for a
                                conversion error in the emission
                                database that inadvertently resulted in
                                a source incorrectly being a best
                                performing unit.
                               Revise items 14.b and 16.b to add the
                                reference to footnote ``a.''
                               Add footnote ``c'' to clarify that carbon
                                dioxide may be used as an alternative to
                                using oxygen in correcting the measured
                                CO CEMS data without petitioning for an
                                alternative monitoring procedure.
Table 3 to subpart DDDDD.....  Revise item 4 to clarify that
                                ``operates'' does not require the energy
                                management program to be implemented in
                                perpetuity and that an energy management
                                program developed according to ENERGY
                                STAR guidelines would also satisfy the
                                requirement.
                               Revise item 4e to read ``program''
                                instead of ``practices'' to be
                                consistent with the definition of
                                ``Energy management program'' in Sec.
                                63.7575.
Table 4 to subpart DDDDD.....  Revise certain items in the table to
                                clarify the applicability of the
                                parameter operating limits also apply to
                                process heaters.
                               Revise item 4 to clarify that item 4.a.
                                is applicable to dry ESP and item 4.b.
                                is applicable to wet ESP systems.
Table 5 to subpart DDDDD.....  Revise the heading of the third column to
                                clarify that the requirement to use a
                                specified method may not be appropriate
                                in all cases.
                               Add the missing footnote ``\a\
                                Incorporated by reference, see 40 CFR
                                63.14''
Table 6 to subpart DDDDD.....  Revise items 1, 2, and 4 to remove
                                reference to the equations cited in 40
                                CFR 63.7530 for demonstrating only
                                initial compliance.
                               Revise items 1.c, 2.c, and 4.c to remove
                                the listed method for liquid samples to
                                be consistent with 40 CFR 63.7521(a).
                               Revise item 3 to clarify that the two
                                methods listed are alternatives.
                               Revise the title to item 4 to remove
                                ``for solid fuels'' to clarify that item
                                4. is applicable to also liquid fuel
                                types.
Table 7 to subpart DDDDD.....  Revise item 1.a.i.(1) to clarify that TSM
                                performance test are also included.
                               Revise items 2.a.i. and 2.a.i.(1) to
                                remove ``pressure drop'' to be
                                consistent with 40 CFR 63.7530(b).
                               Revise items 2.b.i.(1)(c) and
                                3.a.i.(1)(c) to clarify that ``load
                                fraction'' is as defined in 40 CFR
                                63.7575.
                               Revise item 2.c.i(1)(b) to read
                                ``highest'' instead of ``lowest'' to be
                                consistent with item 10 of Table 4 to
                                subpart DDDDD.
                               Revise item 4 to read ``Carbon monoxide
                                for which compliance is demonstrated by
                                a performance test'' to clarify that
                                this operating limit is not applicable
                                for source complying with the CO CEMS
                                based limits.
Table 8 to subpart DDDDD.....  Revise item 3 to change the reference to
                                40 CFR 63.7540(a)(9) to 40 CFR
                                63.7540(a)(7).
                               Revise item 9.a to change the reference
                                to 40 CFR 63.7525(a)(2) to 40 CFR
                                63.7525(a)(7).
                               Revise item 11.c to read ``highest''
                                instead of ``minimum'' to be consistent
                                with item 10 of Table 4 to subpart
                                DDDDD.
                               Revise the operating load compliance
                                provisions (item 10) to be consistent
                                with 40 CFR 63.7525(d).
Table 9 to subpart DDDDD.....  Revise Table 9 to subpart DDDDD to
                                clarify that it is deviations from the
                                work practice standards for periods of
                                startup and shutdown that are to be
                                included.
Table 11 to subpart DDDDD....  Revise Table 11 to subpart DDDDD to be
                                consistent with the final amended rule
                                because of incorrect amendatory
                                instructions.
Table 12 to subpart DDDDD....  Revise Table 12 to subpart DDDDD to be
                                consistent with the final amended rule
                                because of incorrect amendatory
                                instructions.
------------------------------------------------------------------------


[[Page 3101]]

V. Affirmative Defense for Violation of Emission Standards During 
Malfunction

    In several prior CAA section 112 and CAA section 129 rules, 
including this rule, the EPA had included an affirmative defense to 
civil penalties for violations caused by malfunctions in an effort to 
create a system that incorporates some flexibility, recognizing that 
there is a tension, inherent in many types of air regulation, to ensure 
adequate compliance while simultaneously recognizing that despite the 
most diligent of efforts, emission standards may be violated under 
circumstances entirely beyond the control of the source. Although the 
EPA recognized that its case-by-case enforcement discretion provides 
sufficient flexibility in these circumstances, it included the 
affirmative defense to provide a more formalized approach and more 
regulatory clarity. See Weyerhaeuser Co. v. Costle, 590 F.2d 1011, 
1057-58 (D.C. Cir. 1978) (holding that an informal case-by-case 
enforcement discretion approach is adequate); but see Marathon Oil Co. 
v. EPA, 564 F.2d 1253, 1272-73 (9th Cir. 1977) (requiring a more 
formalized approach to consideration of ``upsets beyond the control of 
the permit holder.''). Under the EPA's regulatory affirmative defense 
provisions, if a source could demonstrate in a judicial or 
administrative proceeding that it had met the requirements of the 
affirmative defense in the regulation, civil penalties would not be 
assessed. Recently, the United States Court of Appeals for the District 
of Columbia Circuit vacated an affirmative defense in one of the EPA's 
CAA section 112 regulations. NRDC v. EPA, 749 F.3d 1055 (D.C. Cir., 
2014) (vacating affirmative defense provisions in CAA section 112 rule 
establishing emission standards for Portland cement kilns). The court 
found that the EPA lacked authority to establish an affirmative defense 
for private civil suits and held that under the CAA, the authority to 
determine civil penalty amounts in such cases lies exclusively with the 
courts, not the EPA. Specifically, the court found: ``As the language 
of the statute makes clear, the courts determine, on a case-by-case 
basis, whether civil penalties are `appropriate.' '' See NRDC, 2014 
U.S. App. LEXIS 7281 at *21 (``[U]nder this statute, deciding whether 
penalties are `appropriate' . . . is a job for the courts, not EPA.''). 
In light of NRDC, the EPA is proposing to remove the regulatory 
affirmative defense provision in the current rule.
    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. Cf. NRDC at 1064 
(arguments that violation was caused by unavoidable technology failure 
can be made to the courts in future civil cases when the issue arises). 
Similarly, the presiding officer in an administrative proceeding can 
consider any defense raised and determine whether administrative 
penalties are appropriate.

VI. Solicitation of Public Comment and Participation

    The EPA seeks full public participation in arriving at its final 
decisions. At this time, the EPA is only proposing alternatives to the 
final rule's definitions of startup and shutdown, the work practices 
that apply during those periods, and recordkeeping requirements for 
startup periods. The EPA is not proposing any other specific revisions 
to the reconsideration issues. However, the EPA requests public comment 
on the three issues under reconsideration.
    Additionally, the EPA is making certain clarifying changes and 
corrections to the final rule. We are soliciting comments on whether 
the proposed changes provide the intended accuracy, clarity and 
consistency. The EPA is also proposing to amend the final rule by 
removing the affirmative defense provision. We request comment on all 
of these proposed changes.
    The EPA is seeking comment only on the specific three issues, the 
clarifying changes and corrections, and the amendments described in 
this notice. The EPA will not respond to any comments addressing any 
other issues or any other provisions of the final rule or any other 
rule.

VII. Statutory and Executive Order Reviews

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

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

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

B. Paperwork Reduction Act (PRA)

    This action does not impose any new information collection burden 
under PRA. With this action, the EPA is seeking additional comments on 
three aspects of the final amended NESHAP for industrial, commercial, 
and institutional boilers and process heaters located at major sources 
of HAP with proposing only minor changes to the rule to correct and 
clarify implementation issues raised by stakeholders. However, 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 2060-0551. The 
OMB control numbers for the EPA's regulations in 40 CFR are listed in 
40 CFR part 9.

C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic 
impact on a substantial number of small entities under the RFA. This 
action will not impose any requirements on small entities. This action 
seeks comment on three aspects of the final NESHAP for industrial, 
commercial, and institutional boilers and process heaters located at 
major sources of HAP as well as proposing minor changes to the rule to 
correct and clarify implementation issues raised by stakeholders.
    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 (UMRA)

    This action does not contain any unfunded mandates as described in 
UMRA, 2 U.S.C. 1531-1538. The action imposes no enforceable duty on any

[[Page 3102]]

state, local or tribal governments or the private sector.
    This action seeks comment on three aspects of the final NESHAP for 
industrial, commercial, and institutional boilers and process heaters 
located at major sources of HAP with proposing minor changes to the 
rule to correct and clarify implementation issues raised by 
stakeholders.

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. This 
action seeks comment on three aspects of the final NESHAP for 
industrial, commercial, and institutional boilers and process heaters 
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 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. 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 as applying to those 
regulatory actions that concern environmental health or safety risks 
that the EPA has reason to believe may disproportionately affect 
children, per the definition of ``covered regulatory action'' in 
section 2-202 of the Executive Order. This action is not subject to 
Executive Order 13045 because it does not concern an environmental 
health risk or safety risk.

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

    This action is not a ``significant energy action'' because it is 
not likely to have a significant adverse effect on the supply, 
distribution or use of energy.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act (NTTAA) of 1995 (Pub. L. 104-113, Section 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 
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 action does not involve technical standards. Therefore, the 
EPA did not consider 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, February 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.
    The EPA has determined that this proposed rule will not have 
disproportionately high and adverse human health or environmental 
effects on minority or low-income populations because it does not 
affect the level of protection provided to human health or the 
environment. This action seeks comment on three aspects of the final 
NESHAP for industrial, commercial, and institutional boilers and 
process heaters located at major sources of HAP with proposing minor 
changes to the rule to correct and clarify implementation issues raised 
by stakeholders.

List of Subjects in 40 CFR Part 63

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

    Dated: December 1, 2014.
Gina McCarthy,
Administrator.
    For the reasons cited in the preamble, title 40, chapter I, part 63 
of the Code of Federal Regulations is proposed to be amended as 
follows:

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

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

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

Subpart DDDDD--[Amended]

0
2. Section 63.7491 is amended by:
0
a. Revising paragraphs (a), (j) and (l).
0
b. Adding paragraph (n).
    The revisions and addition read as follows:


Sec.  63.7491  Are any boilers or process heaters not subject to this 
subpart?

* * * * *
    (a) An electric utility steam generating unit (EGU) covered by 
subpart UUUUU of this part or a natural gas-fired EGU as defined in 
subpart UUUUU of this part firing at least 90 percent natural gas on an 
annual heat input basis.
* * * * *
    (j) Temporary boilers and process heaters as defined in this 
subpart.
* * * * *
    (l) Any boiler or process heater specifically listed as an affected 
source in any standard(s) established under section 129 of the Clean 
Air Act.
* * * * *
    (n) Residential boilers as defined in this subpart.
0
3. Section 63.7495 is amended by:
0
a. Revising paragraphs (a) and (e).
0
b. Adding paragraphs (h) and (i).
    The revisions and additions read as follows:


Sec.  63.7495  When do I have to comply with this subpart?

    (a) If you have a new or reconstructed boiler or process heater, 
you must comply with this subpart by April 1, 2013, or upon startup of 
your boiler or process heater, whichever is later.
* * * * *
    (e) If you own or operate an industrial, commercial, or 
institutional

[[Page 3103]]

boiler or process heater and would be subject to this subpart except 
for the exemption in Sec.  63.7491(l) for commercial and industrial 
solid waste incineration units covered by part 60, subpart CCCC or 
subpart DDDD, and you cease combusting solid waste, you must be in 
compliance with this subpart and are no longer subject to part 60, 
subparts CCCC or DDDD beginning on the effective date of the switch as 
identified under the provisions of Sec.  60.2145(a)(2) and (3) or Sec.  
60.2710(a)(2) and (3).
* * * * *
    (h) If you own or operate an existing industrial, commercial, or 
institutional boiler or process heater and have switch fuels or made a 
physical change to the boiler or process heater that resulted in the 
applicability of a different subcategory after January 31, 2016, you 
must be in compliance with the applicable existing source provisions of 
this subpart on the effective date of the fuel switch or physical 
change.
    (i) If you own or operate a new industrial, commercial, or 
institutional boiler or process heater and have switch fuels or made a 
physical change to the boiler or process heater that resulted in the 
applicability of a different subcategory, you must be in compliance 
with the applicable new source provisions of this subpart on the 
effective date of the fuel switch or physical change.
* * * * *
0
4. Section 63.7500 is amended by revising paragraphs (a)(1) and (f) to 
read as follows:


Sec.  63.7500  What emission limitations, work practice standards, and 
operating limits must I meet?

    (a) * * *
    (1) You must meet each emission limit and work practice standard in 
Tables 1 through 3, and 11 through 13 to this subpart that applies to 
your boiler or process heater, for each boiler or process heater at 
your source, except as provided under Sec.  63.7522. The output-based 
emission limits, in units of pounds per million Btu of steam output, in 
Tables 1 or 2 to this subpart are an alternative applicable only to 
boilers and process heaters that generate either steam, cogenerate 
steam with electricity, or both. The output-based emission limits, in 
units of pounds per megawatt-hour, in Tables 1 or 2 to this subpart are 
an alternative applicable only to boilers that generate only 
electricity. Boilers that perform multiple functions (cogeneration and 
electricity generation) or supply steam to common heaters would 
calculate a total steam energy output using equation 21 of Sec.  
63.7575 to demonstrate compliance with the output-based emission 
limits, in units of pounds per million Btu of steam output, in Tables 1 
or 2 to this subpart. If you operate a new boiler or process heater, 
you can choose to comply with alternative limits as discussed in 
paragraphs (a)(1)(i) through (a)(1)(iii) of this section, but on or 
after January 31, 2016, you must comply with the emission limits in 
Table 1 to this subpart.
    (i) If your boiler or process heater commenced construction or 
reconstruction after June 4, 2010 and before May 20, 2011, you may 
comply with the emission limits in Table 1 or 11 to this subpart until 
January 31, 2016.
    (ii) If your boiler or process heater commenced construction or 
reconstruction on or after May 20, 2011 and before December 23, 2011, 
you may comply with the emission limits in Table 1 or 12 to this 
subpart until January 31, 2016.
    (iii) If your boiler or process heater commenced construction or 
reconstruction on or after December 23, 2011 and before April 1, 2013, 
you may comply with the emission limits in Table 1 or 13 to this 
subpart until January 31, 2016.
* * * * *
    (f) These standards apply at all times the affected unit is 
operating, except during periods of startup and shutdown during which 
time you must comply only with items 5 and 6 of Table 3 to this 
subpart.
* * * * *


Sec.  63.7501  [Removed]

0
5. Section 63.7501 is removed.
0
6. Section 63.7505 is amended by revising paragraphs (a) and (c) and 
adding paragraph (e) to read as follows:


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

    (a) You must be in compliance with the emission limits, work 
practice standards, and operating limits in this subpart. These 
emission and operating limits apply to you at all times the affected 
unit is operating except for the periods noted in Sec.  63.7500(f).
* * * * *
    (c) You must demonstrate compliance with all applicable emission 
limits using performance stack testing, fuel analysis, or continuous 
monitoring systems (CMS), including a continuous emission monitoring 
system (CEMS), continuous opacity monitoring system (COMS), continuous 
parameter monitoring system (CPMS), or particulate matter continuous 
parameter monitoring system (PM CPMS), where applicable. You may 
demonstrate compliance with the applicable emission limit for hydrogen 
chloride (HCl), mercury, or total selected metals (TSM) using fuel 
analysis if the emission rate calculated according to Sec.  63.7530(c) 
is less than the applicable emission limit. (For gaseous fuels, you may 
not use fuel analyses to comply with the TSM alternative standard or 
the HCl standard.) Otherwise, you must demonstrate compliance for HCl, 
mercury, or TSM using performance stack testing, if subject to an 
applicable emission limit listed in Tables 1, 2, or 11 through 13 to 
this subpart.
* * * * *
    (e) If you have an applicable emission limit, you must develop a 
site-specific monitoring plan for work practice monitoring during 
startup periods according to the requirements in Table 3 to this 
subpart. The site-specific monitoring plan for startup periods must be 
maintained onsite and available upon request for public inspection.
* * * * *
0
7. Section 63.7510 is amended by:
0
a. Revising paragraphs (a) introductory text, (a)(2)(ii), (c), (e), 
(g), and (i) .
0
b. Adding paragraph (k).
    The revisions and addition read as follows:


Sec.  63.7510  What are my initial compliance requirements and by what 
date must I conduct them?

    (a) For each boiler or process heater that is required or that you 
elect to demonstrate compliance with any of the applicable emission 
limits in Tables 1 or 2 or 11 through 13 of this subpart through 
performance (stack) testing, your initial compliance requirements 
include all the following:
* * * * *
    (2) * * *
    (ii) When natural gas, refinery gas, or other Gas 1 fuels are co-
fired with other fuels, you are not required to conduct a fuel analysis 
of those Gas 1 fuels according to Sec.  63.7521 and Table 6 to this 
subpart. If gaseous fuels other than natural gas, refinery gas, or 
other Gas 1 fuels are co-fired with other fuels and those non-Gas 1 
gaseous fuels are subject to another subpart of this part, part 60, 
part 61, or part 65, you are not required to conduct a fuel analysis of 
those non-Gas 1 fuels according to Sec.  63.7521 and Table 6 to this 
subpart.
* * * * *
    (c) If your boiler or process heater is subject to a carbon 
monoxide (CO) limit, your initial compliance demonstration for CO is to 
conduct a performance test

[[Page 3104]]

for CO according to Table 5 to this subpart or conduct a performance 
evaluation of your continuous CO monitor, if applicable, according to 
Sec.  63.7525(a). Boilers and process heaters that use a CO CEMS to 
comply with the applicable alternative CO CEMS emission standard listed 
in Tables 1, 2, or 11 through 13 to this subpart, as specified in Sec.  
63.7525(a), are exempt from the initial CO performance testing and 
oxygen concentration operating limit requirements specified in 
paragraph (a) of this section.
* * * * *
    (e) For existing affected sources (as defined in Sec.  63.7490), 
you must complete the initial compliance demonstrations, as specified 
in paragraphs (a) through (d) of this section, no later than 180 days 
after the compliance date that is specified for your source in Sec.  
63.7495 and according to the applicable provisions in Sec.  63.7(a)(2) 
as cited in Table 10 to this subpart, except as specified in paragraph 
(j) of this section. You must complete an initial tune-up by following 
the procedures described in Sec.  63.7540(a)(10)(i) through (vi) no 
later than the compliance date specified in Sec.  63.7495, except as 
specified in paragraph (j) of this section. You must complete the one-
time energy assessment specified in Table 3 to this subpart no later 
than the compliance date specified in Sec.  63.7495.
* * * * *
    (g) For new or reconstructed affected sources (as defined in Sec.  
63.7490), you must demonstrate initial compliance with the applicable 
work practice standards in Table 3 to this subpart within the 
applicable annual, biennial, or 5-year schedule as specified in Sec.  
63.7515(d) following the initial compliance date specified in Sec.  
63.7495(a). Thereafter, you are required to complete the applicable 
annual, biennial, or 5-year tune-up as specified in Sec.  63.7515(d).
* * * * *
    (i) For an existing EGU that becomes subject after January 31, 
2016, you must demonstrate compliance within 180 days after becoming an 
affected source.
* * * * *
    (k) For affected sources, as defined in Sec.  63.7490, that switch 
subcategory consistent with Sec.  63.7545(h) after the initial 
compliance date, you must demonstrate compliance within 60 days of the 
effective date of the switch, unless you had previously conducted your 
compliance demonstration for this subcategory within the previous 12 
months.
0
8. Section 63.7515 is amended by revising paragraphs (d) and (h) to 
read as follows:


Sec.  63.7515  When must I conduct subsequent performance tests, fuel 
analyses, or tune-ups?

* * * * *
    (d) If you are required to meet an applicable tune-up work practice 
standard, you must conduct an annual, biennial, or 5-year performance 
tune-up according to Sec.  63.7540(a)(10), (11), or (12), respectively. 
Each annual tune-up specified in Sec.  63.7540(a)(10) must be no more 
than 13 months after the previous tune-up. Each biennial tune-up 
specified in Sec.  63.7540(a)(11) must be conducted no more than 25 
months after the previous tune-up. Each 5-year tune-up specified in 
Sec.  63.7540(a)(12) must be conducted no more than 61 months after the 
previous tune-up. For a new or reconstructed affected source (as 
defined in Sec.  63.7490), the first annual, biennial, or 5-year tune-
up must be no later than 13 months, 25 months, or 61 months, 
respectively, after April 1, 2013 or the initial startup of the new or 
reconstructed affected source, whichever is later.
* * * * *
    (h) If your affected boiler or process heater is in the unit 
designed to burn light liquid subcategory and you combust ultra-low 
sulfur liquid fuel, you do not need to conduct further performance 
tests (stack tests or fuel analyses) if the pollutants measured during 
the initial compliance performance tests meet the emission limits in 
Tables 1 or 2 of this subpart providing you demonstrate ongoing 
compliance with the emissions limits by monitoring and recording the 
type of fuel combusted on a monthly basis. If you intend to use a fuel 
other than ultra-low sulfur liquid fuel, natural gas, refinery gas, or 
other gas 1 fuel, you must conduct new performance tests within 60 days 
of burning the new fuel type.
* * * * *
0
9. Section 63.7521 is amended by:
0
a. Revising paragraph (a).
0
b. Revising paragraph (c)(1).
0
c. Revising paragraph (f) introductory text.
0
d. Revising paragraph (g) introductory text.
0
e. Revising paragraph (h).
    The revisions read as follows:


Sec.  63.7521  What fuel analyses, fuel specification, and procedures 
must I use?

    (a) For solid and liquid fuels, you must conduct fuel analyses for 
chloride and mercury according to the procedures in paragraphs (b) 
through (e) of this section and Table 6 to this subpart, as applicable. 
For solid fuels and liquid fuels, you must also conduct fuel analyses 
for TSM if you are opting to comply with the TSM alternative standard. 
For gas 2 (other) fuels, you must conduct fuel analyses for mercury 
according to the procedures in paragraphs (b) through (e) of this 
section and Table 6 to this subpart, as applicable. (For gaseous fuels, 
you may not use fuel analyses to comply with the TSM alternative 
standard or the HCl standard.) For purposes of complying with this 
section, a fuel gas system that consists of multiple gaseous fuels 
collected and mixed with each other is considered a single fuel type 
and sampling and analysis is only required on the combined fuel gas 
system that will feed the boiler or process heater. Sampling and 
analysis of the individual gaseous streams prior to combining is not 
required. You are not required to conduct fuel analyses for fuels used 
for only startup, unit shutdown, and transient flame stability 
purposes. You are required to conduct fuel analyses only for fuels and 
units that are subject to emission limits for mercury, HCl, or TSM in 
Tables 1 and 2 or 11 through 13 to this subpart. Gaseous and liquid 
fuels are exempt from the sampling requirements in paragraphs (c) and 
(d) of this section.
* * * * *
    (c) * * *
    (1) If sampling from a belt (or screw) feeder, collect fuel samples 
according to paragraphs (c)(1)(i) and (ii) of this section.
    (i) Stop the belt and withdraw a 6-inch wide sample from the full 
cross-section of the stopped belt to obtain a minimum two pounds of 
sample. You must collect all the material (fines and coarse) in the 
full cross-section. You must transfer the sample to a clean plastic 
bag.
    (ii) Each composite sample will consist of a minimum of three 
samples collected at approximately equal one-hour intervals during the 
testing period for sampling during performance stack testing.
* * * * *
    (f) To demonstrate that a gaseous fuel other than natural gas or 
refinery gas qualifies as an other gas 1 fuel, as defined in Sec.  
63.7575, you must conduct a fuel specification analyses for mercury 
according to the procedures in paragraphs (g) through (i) of this 
section and Table 6 to this subpart, as applicable, except as specified 
in paragraph (f)(1) through (4) of this section, or as an alternative 
where fuel specification analysis is not practical,

[[Page 3105]]

you must measure mercury concentration in the exhaust gas when firing 
only the gaseous fuel to be demonstrated as an other gas 1 fuel in the 
boiler or process heater according to the procedures in Table 6 to this 
subpart.
* * * * *
    (g) You must develop a site-specific fuel analysis plan for other 
gas 1 fuels according to the following procedures and requirements in 
paragraphs (g)(1) and (2) of this section.
* * * * *
    (h) You must obtain a single fuel sample for each fuel type for 
fuel specification of gaseous fuels.
* * * * *
0
10. Section 63.7522 is amended by revising paragraphs (c), (d), (i), 
and (j)(1) to read as follows:


Sec.  63.7522  Can I use emissions averaging to comply with this 
subpart?

* * * * *
    (c) For each existing boiler or process heater in the averaging 
group, the emission rate achieved during the initial compliance test 
for the HAP being averaged must not exceed the emission level that was 
being achieved on April 1, 2013 or the control technology employed 
during the initial compliance test must not be less effective for the 
HAP being averaged than the control technology employed on April 1, 
2013.
    (d) The averaged emissions rate from the existing boilers and 
process heaters participating in the emissions averaging option must 
not exceed 90 percent of the limits in Table 2 to this subpart at all 
times the affected units are subject to numeric emission limits 
following the compliance date specified in Sec.  63.7495.
* * * * *
    (i) For a group of two or more existing units in the same 
subcategory, each of which vents through a common emissions control 
system to a common stack, that does not receive emissions from units in 
other subcategories or categories, you may treat such averaging group 
as a single existing unit for purposes of this subpart and comply with 
the requirements of this subpart as if the group were a single unit.
    (j) * * *
    (1) Conduct performance tests according to procedures specified in 
Sec.  63.7520 in the common stack if affected units from other 
subcategories vent to the common stack. The emission limits that the 
group must comply with are determined by the use of Equation 6 of this 
section.
[GRAPHIC] [TIFF OMITTED] TP21JA15.000


Where:

En = HAP emission limit, pounds per million British thermal units 
(lb/MMBtu) or parts per million (ppm).
ELi = Appropriate emission limit from Table 2 to this subpart for 
unit i, in units of lb/MMBtu or ppm.
Hi = Heat input from unit i, MMBtu.

* * * * *
0
11. Section 63.7525 is amended by:
0
a. Revising paragraphs (a) introductory text, (a)(1), (a)(2) 
introductory text, (a)(3), (a)(5), and (a)(7).
0
b. Revising paragraphs (b) introductory text and (b)(1).
0
c. Revising paragraph (g)(3).
0
d. Revising paragraphs (m) introductory text and (m)(2).
    The revisions to read as follows:


Sec.  63.7525  What are my monitoring, installation, operation, and 
maintenance requirements?

    (a) If your boiler or process heater is subject to a CO emission 
limit in Tables 1, 2, or 11 through 13 to this subpart, you must 
install, operate, and maintain an oxygen analyzer system, as defined in 
Sec.  63.7575, or install, certify, operate and maintain continuous 
emission monitoring systems for CO and oxygen (or carbon dioxide 
(CO<INF>2</INF>)) according to the procedures in paragraphs (a)(1) 
through (6) of this section.
    (1) Install the CO CEMS and oxygen (or CO<INF>2</INF>) analyzer by 
the compliance date specified in Sec.  63.7495. The CO and oxygen (or 
CO<INF>2</INF>) levels shall be monitored at the same location at the 
outlet of the boiler or process heater.
    (2) To demonstrate compliance with the applicable alternative CO 
CEMS emission standard listed in Tables 1, 2, or 11 through 13 to this 
subpart, you must install, certify, operate, and maintain a CO CEMS and 
an oxygen analyzer according to the applicable procedures under 
Performance Specification 4, 4A, or 4B at 40 CFR part 60, appendix B; 
part 75 of this chapter (if an CO<INF>2</INF> analyzer is used); the 
site-specific monitoring plan developed according to Sec.  63.7505(d); 
and the requirements in Sec.  63.7540(a)(8) and paragraph (a) of this 
section. Any boiler or process heater that has a CO CEMS that is 
compliant with Performance Specification 4, 4A, or 4B at 40 CFR part 
60, appendix B, a site-specific monitoring plan developed according to 
Sec.  63.7505(d), and the requirements in Sec.  63.7540(a)(8) and 
paragraph (a) of this section must use the CO CEMS to comply with the 
applicable alternative CO CEMS emission standard listed in Tables 1, 2, 
or 11 through 13 to this subpart.
* * * * *
    (3) Complete a minimum of one cycle of CO and oxygen (or 
CO<INF>2</INF>) CEMS operation (sampling, analyzing, and data 
recording) for each successive 15-minute period. Collect CO and oxygen 
(or CO<INF>2</INF>) data concurrently. Collect at least four CO and 
oxygen (or CO<INF>2</INF>) CEMS data values representing the four 15-
minute periods in an hour, or at least two 15-minute data values during 
an hour when CEMS calibration, quality assurance, or maintenance 
activities are being performed.
* * * * *
    (5) Calculate one-hour arithmetic averages, corrected to 3 percent 
oxygen (or corrected to an CO<INF>2</INF> percentage determined to be 
equivalent to 3 percent oxygen) from each hour of CO CEMS data in parts 
per million CO concentration. The one-hour arithmetic averages required 
shall be used to calculate the 30-day or 10-day rolling average 
emissions. Use Equation 19-19 in section 12.4.1 of Method 19 of 40 CFR 
part 60, appendix A-7 for calculating the average CO concentration from 
the hourly values.
* * * * *
    (7) Operate an oxygen trim system with the oxygen level set no 
lower than the lowest hourly average oxygen concentration measured 
during the most recent CO performance test as the operating limit for 
oxygen according to Table 7 to this subpart, or if the facility is not 
required to conduct a performance test, set the oxygen level to the 
oxygen concentration measured during the most recent tune-up to 
optimize CO to manufacturer's specification.
    (b) If your boiler or process heater is in the unit designed to 
burn coal/solid fossil fuel subcategory or the unit designed to burn 
heavy liquid

[[Page 3106]]

subcategory and has an average annual heat input rate greater than 250 
MMBtu per hour from solid fossil fuel and/or heavy liquid, and you 
demonstrate compliance with the PM limit instead of the alternative TSM 
limit, you must install, maintain, and operate a PM CPMS monitoring 
emissions discharged to the atmosphere and record the output of the 
system as specified in paragraphs (b)(1) through (4) of this section. 
As an alternative to use of a PM CPMS to demonstrate compliance with 
the PM limit, you may choose to use a PM CEMS. If you choose to use a 
PM CEMS to demonstrate compliance with the PM limit instead of the 
alternative TSM limit, you must install, certify, maintain, and operate 
a PM CEMS monitoring emissions discharged to the atmosphere and record 
the output of the system as specified in paragraph (b)(5) through (8) 
of this section. For other boilers or process heaters, you may elect to 
use a PM CPMS or PM CEMS operated in accordance with this section in 
lieu of using other CMS for monitoring PM compliance (e.g., bag leak 
detectors, ESP secondary power, PM scrubber pressure). Owners of 
boilers and process heaters who elect to comply with the alternative 
TSM limit are not required to install a PM CPMS.
    (1) Install, operate, and maintain your PM CPMS according to the 
procedures in your approved site-specific monitoring plan developed in 
accordance with Sec.  63.7505(d), the requirements in Sec.  
63.7540(a)(9), and paragraphs (b)(1)(i) through (iii) of this section.
    (i) The operating principle of the PM CPMS must be based on in-
stack or extractive light scatter, light scintillation, beta 
attenuation, or mass accumulation detection of PM in the exhaust gas or 
representative exhaust gas sample. The reportable measurement output 
from the PM CPMS must be expressed as milliamps.
    (ii) The PM CPMS must have a cycle time (i.e., period required to 
complete sampling, measurement, and reporting for each measurement) no 
longer than 60 minutes.
    (iii) The PM CPMS must have a documented detection limit of 0.5 
milligram per actual cubic meter, or less.
* * * * *
    (g) * * *
    (3) Calibrate the pH monitoring system in accordance with your 
monitoring plan at least once each process operating day.
* * * * *
    (m) If your unit is subject to a HCl emission limit in Tables 1, 2, 
or 11 through 13 of this subpart and you have an acid gas wet scrubber 
or dry sorbent injection control technology and you elect to use an 
SO<INF>2</INF> CEMS to demonstrate continuous compliance with the HCl 
emission limit, you must install the monitor at the outlet of the 
boiler or process heater, downstream of all emission control devices, 
and you must install, certify, operate, and maintain the CEMS according 
to either part 60 or part 75 of this chapter.
    (1) * * *
    (2) For on-going quality assurance (QA), the SO<INF>2</INF> CEMS 
must meet either the applicable daily and quarterly requirements in 
Procedure 1 of appendix F of part 60 or the applicable daily, 
quarterly, and semiannual or annual requirements in sections 2.1 
through 2.3 of appendix B to part 75 of this chapter, with the 
following addition: You must perform the linearity checks required in 
section 2.2 of appendix B to part 75 of this chapter if the 
SO<INF>2</INF> CEMS has a span value of 30 ppm or less.
* * * * *
0
12. Section 63.7530 is amended by:
0
a. Revising paragraphs (a).
0
b. Revising paragraph (b) introductory text.
0
c. Revising paragraphs (b)(1)(iii), (b)(2)(iii), and (b)(3)(iii).
0
d. Revising paragraph (b)(4)(ii)(F).
0
e. Redesignating paragraphs (b)(4)(iii) through (b)(4)(viii) as 
(b)(4)(iv) through (b)(4)(ix) and adding new paragraph (b)(4)(iii).
0
f. Revising paragraphs (c)(3), (c)(4), and (c)(5).
0
g. Revising paragraph (d).
0
h. Revising paragraph (e).
0
i. Revising paragraph (h).
0
j. Revising paragraph (i)(3).
    The revisions and addition read as follows:


Sec.  63.7530  How do I demonstrate initial compliance with the 
emission limitations, fuel specifications and work practice standards?

    (a) You must demonstrate initial compliance with each emission 
limit that applies to you by conducting initial performance tests and 
fuel analyses and establishing operating limits, as applicable, 
according to Sec.  63.7520, paragraphs (b) and (c) of this section, and 
Tables 5 and 7 to this subpart. The requirement to conduct a fuel 
analysis is not applicable for units that burn a single type of fuel, 
as specified by Sec.  63.7510(a)(2). If applicable, you must also 
install, operate, and maintain all applicable CMS (including CEMS, 
COMS, and CPMS) according to Sec.  63.7525.
    (b) If you demonstrate compliance through performance stack 
testing, you must establish each site-specific operating limit in Table 
4 to this subpart that applies to you according to the requirements in 
Sec.  63.7520, Table 7 to this subpart, and paragraph (b)(4) of this 
section, as applicable. You must also conduct fuel analyses according 
to Sec.  63.7521 and establish maximum fuel pollutant input levels 
according to paragraphs (b)(1) through (3) of this section, as 
applicable, and as specified in Sec.  63.7510(a)(2). (Note that Sec.  
63.7510(a)(2) exempts certain fuels from the fuel analysis 
requirements.) However, if you switch fuel(s) and cannot show that the 
new fuel(s) does (do) not increase the chlorine, mercury, or TSM input 
into the unit through the results of fuel analysis, then you must 
repeat the performance test to demonstrate compliance while burning the 
new fuel(s).
    (1) * * *
    (iii) You must establish a maximum chlorine input level using 
Equation 7 of this section.
[GRAPHIC] [TIFF OMITTED] TP21JA15.001

Where:

Clinput = Maximum amount of chlorine entering the boiler or process 
heater through fuels burned in units of pounds per million Btu.
Ci = Arithmetic average concentration of chlorine in fuel type, i, 
analyzed according to Sec.  63.7521, in units of pounds per million 
Btu.
Qi = Fraction of total heat input from fuel type, i, based on the 
fuel mixture that has the highest content of chlorine during the 
initial compliance test. If you do not burn multiple fuel types 
during the performance testing, it is not necessary to determine the 
value of this term. Insert a value of ``1'' for Qi. For continuous 
compliance demonstration, the actual fraction of the fuel burned 
during the month would be used.
n = Number of different fuel types burned in your boiler or process 
heater for the

[[Page 3107]]

mixture that has the highest content of chlorine.

    (2) * * *
    (iii) You must establish a maximum mercury input level using 
Equation 8 of this section.
[GRAPHIC] [TIFF OMITTED] TP21JA15.002

Where:

Mercuryinput = Maximum amount of mercury entering the boiler or 
process heater through fuels burned in units of pounds per million 
Btu.
HGi = Arithmetic average concentration of mercury in fuel type, i, 
analyzed according to Sec.  63.7521, in units of pounds per million 
Btu.
Qi = Fraction of total heat input from fuel type, i, based on the 
fuel mixture that has the highest mercury content during the initial 
compliance test. If you do not burn multiple fuel types during the 
performance test, it is not necessary to determine the value of this 
term. Insert a value of ``1'' for Qi. For continuous compliance 
demonstration, the actual fraction of the fuel burned during the 
month would be used.
n = Number of different fuel types burned in your boiler or process 
heater for the mixture that has the highest content of mercury.

    (3) * * *
    (iii) You must establish a maximum TSM input level using Equation 9 
of this section.
[GRAPHIC] [TIFF OMITTED] TP21JA15.003

Where:

TSMinput = Maximum amount of TSM entering the boiler or process 
heater through fuels burned in units of pounds per million Btu.
TSMi = Arithmetic average concentration of TSM in fuel type, i, 
analyzed according to Sec.  63.7521, in units of pounds per million 
Btu.
Qi = Fraction of total heat input from fuel type, i, based on the 
fuel mixture that has the highest content of TSM during the initial 
compliance test. If you do not burn multiple fuel types during the 
performance testing, it is not necessary to determine the value of 
this term. Insert a value of ``1'' for Qi. For continuous compliance 
demonstration, the actual fraction of the fuel burned during the 
month would be used.
n = Number of different fuel types burned in your boiler or process 
heater for the mixture that has the highest content of TSM.

    (4) * * *
    (ii) * * *
    (F) 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.
    (iii) For a particulate wet scrubber, you must establish the 
minimum pressure drop and liquid flow rate as defined in Sec.  63.7575, 
as your operating limits during the three-run performance test during 
which you demonstrate compliance with your applicable limit. If you use 
a wet scrubber and you conduct separate performance tests for PM and 
TSM emissions, you must establish one set of minimum scrubber liquid 
flow rate and pressure drop operating limits. The minimum scrubber 
effluent pH operating limit must be established during the HCl 
performance test. If you conduct multiple performance tests, you must 
set the minimum liquid flow rate and pressure drop operating limits at 
the higher of the minimum values established during the performance 
tests.
* * * * *
    (c) * * *
    (3) To demonstrate compliance with the applicable emission limit 
for HCl, the HCl emission rate that you calculate for your boiler or 
process heater using Equation 16 of this section must not exceed the 
applicable emission limit for HCl.
[GRAPHIC] [TIFF OMITTED] TP21JA15.004

Where:

HCl = HCl emission rate from the boiler or process heater in units 
of pounds per million Btu.
Ci90 = 90th percentile confidence level concentration of chlorine in 
fuel type, i, in units of pounds per million Btu as calculated 
according to Equation 15 of this section.
Qi = Fraction of total heat input from fuel type, i, based on the 
fuel mixture that has the highest content of chlorine. If you do not 
burn multiple fuel types, it is not necessary to determine the value 
of this term. Insert a value of ``1'' for Qi.
n = Number of different fuel types burned in your boiler or process 
heater for the mixture that has the highest content of chlorine.
1.028 = Molecular weight ratio of HCl to chlorine.

    (4) To demonstrate compliance with the applicable emission limit 
for mercury, the mercury emission rate that you calculate for your 
boiler or process heater using Equation 17 of this section must not 
exceed the applicable emission limit for mercury.


[[Page 3108]]


[GRAPHIC] [TIFF OMITTED] TP21JA15.005

Where:

Mercury = Mercury emission rate from the boiler or process heater in 
units of pounds per million Btu.
Hgi90 = 90th percentile confidence level concentration of mercury in 
fuel, i, in units of pounds per million Btu as calculated according 
to Equation 15 of this section.
Qi = Fraction of total heat input from fuel type, i, based on the 
fuel mixture that has the highest mercury content. If you do not 
burn multiple fuel types, it is not necessary to determine the value 
of this term. Insert a value of ``1'' for Qi.
n = Number of different fuel types burned in your boiler or process 
heater for the mixture that has the highest mercury content.

    (5) To demonstrate compliance with the applicable emission limit 
for TSM for solid or liquid fuels, the TSM emission rate that you 
calculate for your boiler or process heater from solid fuels using 
Equation 18 of this section must not exceed the applicable emission 
limit for TSM.

[GRAPHIC] [TIFF OMITTED] TP21JA15.006

Where:

Metals = TSM emission rate from the boiler or process heater in 
units of pounds per million Btu.
TSMi90 = 90th percentile confidence level concentration of TSM in 
fuel, i, in units of pounds per million Btu as calculated according 
to Equation 15 of this section.
Qi = Fraction of total heat input from fuel type, i, based on the 
fuel mixture that has the highest TSM content. If you do not burn 
multiple fuel types, it is not necessary to determine the value of 
this term. Insert a value of ``1'' for Qi.
n = Number of different fuel types burned in your boiler or process 
heater for the mixture that has the highest TSM content.

    (d) If you own or operate an existing unit, you must submit a 
signed statement in the Notification of Compliance Status report that 
indicates that you conducted a tune-up of the unit.
    (e) You must include with the Notification of Compliance Status a 
signed certification that the energy assessment was completed according 
to Table 3 to this subpart and that the assessment is an accurate 
depiction of your facility at the time of the assessment or that the 
maximum number of on-site technical hours specified in the definition 
of energy assessment applicable to the facility has been expended.
* * * * *
    (h) If you own or operate a unit subject to emission limits in 
Tables 1 or 2 or 11 through 13 to this subpart, you must meet the work 
practice standard according to Table 3 of this subpart. During startup 
and shutdown, you must only follow the work practice standards 
according to items 5 and 6 of Table 3 of this subpart.
    (i) * * *
    (3) You establish a unit-specific maximum SO<INF>2</INF> operating 
limit by collecting the maximum hourly SO<INF>2</INF> emission rate on 
the SO<INF>2</INF> CEMS during the paired 3-run test for HCl. The 
maximum SO<INF>2</INF> operating limit is equal to the highest hourly 
average SO<INF>2</INF> concentration measured during the most recent 
HCl performance test.
0
13. Section 63.7533 is amended by revising paragraph (e).


Sec.  63.7533  Can I use efficiency credits earned from implementation 
of energy conservation measures to comply with this subpart?

* * * * *
    (e) The emissions rate as calculated using Equation 20 of this 
section from each existing boiler participating in the efficiency 
credit option must be in compliance with the limits in Table 2 to this 
subpart at all times the affected unit is subject to numeric emission 
limits, following the compliance date specified in Sec.  63.7495.
* * * * *
0
14. Section 63.7535 is amended by revising paragraphs (c) and (d).


Sec.  63.7535  Is there a minimum amount of monitoring data I must 
obtain?

* * * * *
    (c) You may not use data recorded during periods of startup and 
shutdown, monitoring system malfunctions or out-of-control periods, 
repairs associated with monitoring system malfunctions or out-of-
control periods, or required monitoring system quality assurance or 
control activities in data averages and calculations used to report 
emissions or operating levels. You must record and make available upon 
request results of CMS performance audits and dates and duration of 
periods when the CMS is out of control to completion of the corrective 
actions necessary to return the CMS to operation consistent with your 
site-specific monitoring plan. You must use all the data collected 
during all other periods in assessing compliance and the operation of 
the control device and associated control system.
    (d) Except for periods of monitoring system malfunctions, repairs 
associated with monitoring system malfunctions, and required monitoring 
system quality assurance or quality control activities (including, as 
applicable, system accuracy audits, calibration checks, and required 
zero and span adjustments), failure to collect required data is a 
deviation of the monitoring requirements. In calculating monitoring 
results, do not use any data collected during periods of startup and 
shutdown, when the monitoring system is out of control as specified in 
your site-specific monitoring plan, while conducting repairs associated 
with periods when the monitoring system is out of control, or while 
conducting required monitoring system quality assurance or quality 
control activities. You must calculate monitoring results using all 
other monitoring data collected while the process is operating. You 
must report all periods when the monitoring system is out of control in 
your semi-annual report.
0
15. Section 63.7540 is amended by:
0
a. Revising paragraph (a)(2) introductory text.
0
b. Revising paragraph (a)(3).
0
c. Revising paragraph (a)(5).
0
d. Revising paragraph (a)(8)(ii).
0
e. Revising paragraph (a)(10) introductory text.
0
f. Revising paragraph (a)(10)(vi) introductory text.
0
g. Revising paragraph (a)(17).
0
h. Revising paragraph (a)(19)(iii).
0
i. Revising paragraph (d).

[[Page 3109]]

    The revisions read as follows:


Sec.  63.7540  How do I demonstrate continuous compliance with the 
emission limitations, fuel specifications and work practice standards?

    (a) * * *
    (2) As specified in Sec.  63.7550(d), you must keep records of the 
type and amount of all fuels burned in each boiler or process heater 
during the reporting period to demonstrate that all fuel types and 
mixtures of fuels burned would result in either of the following:
* * * * *
    (3) If you demonstrate compliance with an applicable HCl emission 
limit through fuel analysis for a solid or liquid fuel and you plan to 
burn a new type of solid or liquid fuel, you must recalculate the HCl 
emission rate using Equation 16 of Sec.  63.7530 according to 
paragraphs (a)(3)(i) through (iii) of this section. You are not 
required to conduct fuel analyses for the fuels described in Sec.  
63.7510(a)(2)(i) through (iii). You may exclude the fuels described in 
Sec.  63.7510(a)(2)(i) through (iii) when recalculating the HCl 
emission rate.
    (i) You must determine the chlorine concentration for any new fuel 
type in units of pounds per million Btu, based on supplier data or your 
own fuel analysis, according to the provisions in your site-specific 
fuel analysis plan developed according to Sec.  63.7521(b).
    (ii) You must determine the new mixture of fuels that will have the 
highest content of chlorine.
    (iii) Recalculate the HCl emission rate from your boiler or process 
heater under these new conditions using Equation 16 of Sec.  63.7530. 
The recalculated HCl emission rate must be less than the applicable 
emission limit.
* * * * *
    (5) If you demonstrate compliance with an applicable mercury 
emission limit through fuel analysis, and you plan to burn a new type 
of fuel, you must recalculate the mercury emission rate using Equation 
17 of Sec.  63.7530 according to the procedures specified in paragraphs 
(a)(5)(i) through (iii) of this section. You are not required to 
conduct fuel analyses for the fuels described in Sec.  63.7510(a)(2)(i) 
through (iii). You may exclude the fuels described in Sec.  
63.7510(a)(2)(i) through (iii) when recalculating the mercury emission 
rate.
    (i) You must determine the mercury concentration for any new fuel 
type in units of pounds per million Btu, based on supplier data or your 
own fuel analysis, according to the provisions in your site-specific 
fuel analysis plan developed according to Sec.  63.7521(b).
    (ii) You must determine the new mixture of fuels that will have the 
highest content of mercury.
    (iii) Recalculate the mercury emission rate from your boiler or 
process heater under these new conditions using Equation 17 of Sec.  
63.7530. The recalculated mercury emission rate must be less than the 
applicable emission limit.
* * * * *
    (8) * * *
    (ii) Maintain a CO emission level below or at your applicable 
alternative CO CEMS-based standard in Tables 1 or 2 or 11 through 13 to 
this subpart at all times the affected unit is subject to numeric 
emission limits.
* * * * *
    (10) If your boiler or process heater has a heat input capacity of 
10 million Btu per hour or greater, you must conduct an annual tune-up 
of the boiler or process heater to demonstrate continuous compliance as 
specified in paragraphs (a)(10)(i) through (vi) of this section. You 
must conduct the tune-up while burning the type of fuel (or fuels in 
case of units that routinely burn a mixture) that provided the majority 
of the heat input to the boiler or process heater over the 12 months 
prior to the tune-up. This frequency does not apply to limited-use 
boilers and process heaters, as defined in Sec.  63.7575, or units with 
continuous oxygen trim systems that maintain an optimum air to fuel 
ratio.
* * * * *
    (vi) Maintain on-site and submit, if requested by the 
Administrator, a report containing the information in paragraphs 
(a)(10)(vi)(A) through (C) of this section,
* * * * *
    (17) If you demonstrate compliance with an applicable TSM emission 
limit through fuel analysis for solid or liquid fuels, and you plan to 
burn a new type of fuel, you must recalculate the TSM emission rate 
using Equation 18 of Sec.  63.7530 according to the procedures 
specified in paragraphs (a)(5)(i) through (iii) of this section. You 
are not required to conduct fuel analyses for the fuels described in 
Sec.  63.7510(a)(2)(i) through (iii). You may exclude the fuels 
described in Sec.  63.7510(a)(2)(i) through (iii) when recalculating 
the TSM emission rate.
    (i) You must determine the TSM concentration for any new fuel type 
in units of pounds per million Btu, based on supplier data or your own 
fuel analysis, according to the provisions in your site-specific fuel 
analysis plan developed according to Sec.  63.7521(b).
    (ii) You must determine the new mixture of fuels that will have the 
highest content of TSM.
    (iii) Recalculate the TSM emission rate from your boiler or process 
heater under these new conditions using Equation 18 of Sec.  63.7530. 
The recalculated TSM emission rate must be less than the applicable 
emission limit.
* * * * *
    (19) * * *
* * * * *
    (iii) Collect PM CEMS hourly average output data for all boiler 
operating hours except as indicated in paragraph (v) of this section.
* * * * *
    (d) For startup and shutdown, you must meet the work practice 
standards according to items 5 and 6 of Table 3 of this subpart.
* * * * *
0
16. Section 63.7545 is amended by revising paragraphs (e)(8)(i) and (h) 
introductory text.


Sec.  63.7545  What notifications must I submit and when?

* * * * *
    (e) * * *
    (8) * * *
    (i) ``This facility completed the required initial tune-up 
according to the procedures in Sec.  63.7540(a)(10)(i) through (vi).''
* * * * *
    (h) If you have switched fuels or made a physical change to the 
boiler or process heater and the fuel switch or physical change 
resulted in the applicability of a different subcategory, you must 
provide notice of the date upon which you switched fuels or made the 
physical change within 30 days of the switch/change. The notification 
must identify:
* * * * *
0
17. Section 63.7550 is amended by revising paragraphs (b), (c), (d) 
introductory text, (d)(1), and (h) to read as follows:


Sec.  63.7550  What reports must I submit and when?

* * * * *
    (b) Unless the EPA Administrator has approved a different schedule 
for submission of reports under Sec.  63.10(a), you must submit each 
report, according to paragraph (h) of this section, by the date in 
Table 9 to this subpart and according to the requirements in paragraphs 
(b)(1) through (4) of this section. For units that are subject only to 
the energy assessment requirement and a requirement to conduct an 
annual, biennial, or 5-year tune-up according to Sec.  63.7540(a)(10), 
(11), or (12),

[[Page 3110]]

respectively, and not subject to emission limits or Table 4 operating 
limits, you may submit only an annual, biennial, or 5-year compliance 
report, as applicable, as specified in paragraphs (b)(1) through (4) of 
this section, instead of a semi-annual compliance report.
    (1) The first semi-annual compliance report must cover the period 
beginning on the compliance date that is specified for each boiler or 
process heater in Sec.  63.7495 and ending on June 30 or December 31, 
whichever date is the first date that occurs at least 180 days (or 1, 
2, or 5 years, as applicable, if submitting an annual, biennial, or 5-
year compliance report) after the compliance date that is specified for 
your source in Sec.  63.7495.
    (2) The first semi-annual compliance report must be postmarked or 
submitted no later than July 31 or January 31, whichever date is the 
first date following the end of the first calendar half after the 
compliance date that is specified for each boiler or process heater in 
Sec.  63.7495. The first annual, biennial, or 5-year compliance report 
must be postmarked or submitted no later than January 31.
    (3) Each subsequent semi-annual compliance report must cover the 
semiannual reporting period from January 1 through June 30 or the 
semiannual reporting period from July 1 through December 31. Annual, 
biennial, and 5-year compliance reports must cover the applicable 1-, 
2-, or 5-year periods from January 1 to December 31.
    (4) Each subsequent semi-annual compliance report must be 
postmarked or submitted no later than July 31 or January 31, whichever 
date is the first date following the end of the semiannual reporting 
period. Annual, biennial, and 5-year compliance reports must be 
postmarked or submitted no later than January 31.
    (c) A compliance report must contain the following information 
depending on how the facility chooses to comply with the limits set in 
this rule.
    (1) If the facility is subject to the requirements of a tune up you 
must submit a compliance report with the information in paragraphs 
(c)(5)(i) through (iii), (xiv) and (xvii) of this section, and 
paragraph (c)(5)(iv) of this section for limited-use boiler or process 
heater.
    (2) If you are complying with the fuel analysis you must submit a 
compliance report with the information in paragraphs (c)(5)(i) through 
(iii), (vi), (x), (xi), (xiii), (xv), (xvii), (xviii) and paragraph (d) 
of this section.
    (3) If you are complying with the applicable emissions limit with 
performance testing you must submit a compliance report with the 
information in (c)(5)(i) through (iii), (vi), (vii), (viii), (ix), 
(xi), (xiii), (xv), (xvii), (xviii) and paragraph (d) of this section.
    (4) If you are complying with an emissions limit using a CMS the 
compliance report must contain the information required in paragraphs 
(c)(5)(i) through (iii), (v), (vi), (xi) through (xiii), (xv) through 
(xviii), and paragraph (e) of this section.
    (5)(i) Company and Facility name and address.
    (ii) Process unit information, emissions limitations, and operating 
parameter limitations.
    (iii) Date of report and beginning and ending dates of the 
reporting period.
    (iv) The total operating time during the reporting period.
    (v) If you use a CMS, including CEMS, COMS, or CPMS, you must 
include the monitoring equipment manufacturer(s) and model numbers and 
the date of the last CMS certification or audit.
    (vi) The total fuel use by each individual boiler or process heater 
subject to an emission limit within the reporting period, including, 
but not limited to, a description of the fuel, whether the fuel has 
received a non-waste determination by the EPA or your basis for 
concluding that the fuel is not a waste, and the total fuel usage 
amount with units of measure.
    (vii) If you are conducting performance tests once every 3 years 
consistent with Sec.  63.7515(b) or (c), the date of the last 2 
performance tests and a statement as to whether there have been any 
operational changes since the last performance test that could increase 
emissions.
    (viii) A statement indicating that you burned no new types of fuel 
in an individual boiler or process heater subject to an emission limit. 
Or, if you did burn a new type of fuel and are subject to a HCl 
emission limit, you must submit the calculation of chlorine input, 
using Equation 7 of Sec.  63.7530, that demonstrates that your source 
is still within its maximum chlorine input level established during the 
previous performance testing (for sources that demonstrate compliance 
through performance testing) or you must submit the calculation of HCl 
emission rate using Equation 16 of Sec.  63.7530 that demonstrates that 
your source is still meeting the emission limit for HCl emissions (for 
boilers or process heaters that demonstrate compliance through fuel 
analysis). If you burned a new type of fuel and are subject to a 
mercury emission limit, you must submit the calculation of mercury 
input, using Equation 8 of Sec.  63.7530, that demonstrates that your 
source is still within its maximum mercury input level established 
during the previous performance testing (for sources that demonstrate 
compliance through performance testing), or you must submit the 
calculation of mercury emission rate using Equation 17 of Sec.  63.7530 
that demonstrates that your source is still meeting the emission limit 
for mercury emissions (for boilers or process heaters that demonstrate 
compliance through fuel analysis). If you burned a new type of fuel and 
are subject to a TSM emission limit, you must submit the calculation of 
TSM input, using Equation 9 of Sec.  63.7530, that demonstrates that 
your source is still within its maximum TSM input level established 
during the previous performance testing (for sources that demonstrate 
compliance through performance testing), or you must submit the 
calculation of TSM emission rate, using Equation 18 of Sec.  63.7530, 
that demonstrates that your source is still meeting the emission limit 
for TSM emissions (for boilers or process heaters that demonstrate 
compliance through fuel analysis).
    (ix) If you wish to burn a new type of fuel in an individual boiler 
or process heater subject to an emission limit and you cannot 
demonstrate compliance with the maximum chlorine input operating limit 
using Equation 7 of Sec.  63.7530 or the maximum mercury input 
operating limit using Equation 8 of Sec.  63.7530, or the maximum TSM 
input operating limit using Equation 9 of Sec.  63.7530 you must 
include in the compliance report a statement indicating the intent to 
conduct a new performance test within 60 days of starting to burn the 
new fuel.
    (x) A summary of any monthly fuel analyses conducted to demonstrate 
compliance according to Sec. Sec.  63.7521 and 63.7530 for individual 
boilers or process heaters subject to emission limits, and any fuel 
specification analyses conducted according to Sec. Sec.  63.7521(f) and 
63.7530(g).
    (xi) If there are no deviations from any emission limits or 
operating limits in this subpart that apply to you, a statement that 
there were no deviations from the emission limits or operating limits 
during the reporting period.
    (xii) If there were no deviations from the monitoring requirements 
including no periods during which the CMSs, including CEMS, COMS, and 
CPMS, were out of control as specified in Sec.  63.8(c)(7), a statement 
that there were no deviations and no periods during which the CMS were 
out of control during the reporting period.
    (xiii) If a malfunction occurred during the reporting period, the 
report must

[[Page 3111]]

include the number, duration, and a brief description for each type of 
malfunction which occurred during the reporting period and which caused 
or may have caused any applicable emission limitation to be exceeded. 
The report must also include a description of actions taken by you 
during a malfunction of a boiler, process heater, or associated air 
pollution control device or CMS to minimize emissions in accordance 
with Sec.  63.7500(a)(3), including actions taken to correct the 
malfunction.
    (xiv) Include the date of the most recent tune-up for each unit 
subject to only the requirement to conduct an annual, biennial, or 5-
year tune-up according to Sec.  63.7540(a)(10), (11), or (12) 
respectively. Include the date of the most recent burner inspection if 
it was not done annually, biennially, or on a 5-year period and was 
delayed until the next scheduled or unscheduled unit shutdown.
    (xv) If you plan to demonstrate compliance by emission averaging, 
certify the emission level achieved or the control technology employed 
is no less stringent than the level or control technology contained in 
the notification of compliance status in Sec.  63.7545(e)(5)(i).
    (xvi) For each reporting period, the compliance reports must 
include all of the calculated 30 day rolling average values based on 
the daily CEMS (CO and mercury) and CPMS (PM CPMS output, scrubber pH, 
scrubber liquid flow rate, scrubber pressure drop) data.
    (xvii) Statement by a responsible official with that official's 
name, title, and signature, certifying the truth, accuracy, and 
completeness of the content of the report.
    (xviii) For each instance of startup or shutdown include the 
information required to be monitored, collected, or recorded according 
to the requirements of Sec.  63.7555(d).
* * * * *
    (d) For each deviation from an emission limit or operating limit in 
this subpart that occurs at an individual boiler or process heater 
where you are not using a CMS to comply with that emission limit or 
operating limit, or from the work practice standards for periods if 
startup and shutdown, the compliance report must additionally contain 
the information required in paragraphs (d)(1) through (3) of this 
section.
    (1) A description of the deviation and which emission limit, 
operating limit, or work practice standard from which you deviated.
* * * * *
    (h) You must submit the reports according to the procedures 
specified in paragraphs (h)(1) through (3) of this section.
    (1) Within 60 days after the date of completing each performance 
test (defined in Sec.  63.2) required by this subpart, you must submit 
the results of the performance test, including any associated fuel 
analyses, following the procedure specified in either paragraph 
(h)(1)(i) or (h)(1)(ii) of this section.
    (i) For data collected using test methods supported by the EPA's 
Electronic Reporting Tool (ERT) as listed on the EPA's ERT Web site 
(http://www.epa.gov/ttn/chief/ert/index.html) at the time of the test, 
you must submit the results of the performance test 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).) Performance test data must be submitted in a file format 
generated through use of the EPA's ERT. Instead of submitting 
performance test data in a file format generated through the use of the 
EPA's ERT, you may submit an alternate electronic file format 
consistent with the extensible markup language (XML) schema listed on 
the EPA's ERT Web site, once the XML schema is available. If you claim 
that some of the performance test information being submitted is 
confidential business information (CBI), you must submit a complete 
file generated through the use of the EPA's ERT (or an alternate 
electronic file consistent with the XML schema listed on the EPA's ERT 
Web site once the XML schema is available), including information 
claimed to be CBI, on a compact disc, flash drive or other commonly 
used electronic storage media to the EPA. The electronic media must be 
clearly marked as CBI and mailed to U.S. EPA/OAPQS/CORE CBI Office, 
Attention: Group Leader, Measurement Policy Group, MD C404-02, 4930 Old 
Page Rd., Durham, NC 27703. The same ERT or alternate file with the CBI 
omitted must be submitted to the EPA via the EPA's CDX as described 
earlier in this paragraph.
    (ii) For data collected using test methods that are not supported 
by the EPA's ERT as listed on the EPA's ERT Web site, you must submit 
the results of the performance test to the Administrator at the 
appropriate address listed in Sec.  63.13.
    (2) Within 60 days after the date of completing each CEMS 
performance evaluation (as defined in 63.2), you must submit the 
results of the performance evaluation following the procedure specified 
in either paragraph (h)(2)(i) or (h)(2)(ii) of this section.
    (i) For performance evaluations of continuous monitoring systems 
measuring relative accuracy test audit (RATA) pollutants that are 
supported by the EPA's ERT as listed on the EPA's ERT Web site at the 
time of the test, you must submit the results of the performance 
evaluation to the EPA via the CEDRI. (CEDRI can be accessed through the 
EPA's CDX.) Performance evaluation data must be submitted in a file 
format generated through the use of the EPA's ERT. Instead of 
submitting performance evaluation data in a file format generated 
through the use of the EPA's ERT, you may submit an alternate 
electronic file format consistent with the XML schema listed on the 
EPA's ERT Web site, once the XML schema is available. If you claim that 
some of the performance evaluation information being submitted is CBI, 
you must submit a complete file generated through the use of the EPA's 
ERT (or an alternate electronic file consistent with the XML schema 
listed on the EPA's ERT Web site once the XML schema is available), 
including information claimed to be CBI, on a compact disc, flash drive 
or other commonly used electronic storage media to the EPA. The 
electronic media must be clearly marked as CBI and mailed to U.S. EPA/
OAPQS/CORE CBI Office, Attention: Group Leader, Measurement Policy 
Group, MD C404-02, 4930 Old Page Rd., Durham, NC 27703. The same ERT or 
alternate file with the CBI omitted must be submitted to the EPA via 
the EPA's CDX as described earlier in this paragraph.
    (ii) For any performance evaluations of continuous monitoring 
systems measuring RATA pollutants that are not supported by the EPA's 
ERT as 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.
    (3) You must submit all reports required by Table 9 of this subpart 
electronically to the EPA via the CEDRI. (CEDRI can be accessed through 
the EPA's 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 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 to the 
Administrator at the appropriate address listed in Sec.  63.13. You 
must

[[Page 3112]]

begin submitting reports via CEDRI no later than 90 days after the form 
becomes available in CEDRI.
0
18. Section 63.7555 is amended by:
0
a. Adding paragraph (a)(3).
0
b. Removing paragraph (d)(3).
0
c. Redesignating paragraphs (d)(4) through (d)(11) as paragraphs (d)(3) 
through (d)(10).
0
d. Revising newly designated paragraphs (d)(3), (d)(4), and (d)(8).
0
e. Adding new paragraphs (d)(11) and (12).
0
f. Removing paragraphs (i) and (j).
    The revisions and additions read as follows:


Sec.  63.7555  What records must I keep?

    (a) * * *
    (3) For units in the limited use subcategory, you must keep a copy 
of the federally enforceable permit that limits the annual capacity 
factor to less than or equal to 10 percent and fuel use records for the 
days the boiler or process heater was operating.
* * * * *
    (d) * * *
    (3) A copy of all calculations and supporting documentation of 
maximum chlorine fuel input, using Equation 7 of Sec.  63.7530, that 
were done to demonstrate continuous compliance with the HCl emission 
limit, for sources that demonstrate compliance through performance 
testing. For sources that demonstrate compliance through fuel analysis, 
a copy of all calculations and supporting documentation of HCl emission 
rates, using Equation 16 of Sec.  63.7530, that were done to 
demonstrate compliance with the HCl emission limit. Supporting 
documentation should include results of any fuel analyses and basis for 
the estimates of maximum chlorine fuel input or HCl emission rates. You 
can use the results from one fuel analysis for multiple boilers and 
process heaters provided they are all burning the same fuel type. 
However, you must calculate chlorine fuel input, or HCl emission rate, 
for each boiler and process heater.
    (4) A copy of all calculations and supporting documentation of 
maximum mercury fuel input, using Equation 8 of Sec.  63.7530, that 
were done to demonstrate continuous compliance with the mercury 
emission limit for sources that demonstrate compliance through 
performance testing. For sources that demonstrate compliance through 
fuel analysis, a copy of all calculations and supporting documentation 
of mercury emission rates, using Equation 17 of Sec.  63.7530, that 
were done to demonstrate compliance with the mercury emission limit. 
Supporting documentation should include results of any fuel analyses 
and basis for the estimates of maximum mercury fuel input or mercury 
emission rates. You can use the results from one fuel analysis for 
multiple boilers and process heaters provided they are all burning the 
same fuel type. However, you must calculate mercury fuel input, or 
mercury emission rates, for each boiler and process heater.
* * * * *
    (8) A copy of all calculations and supporting documentation of 
maximum TSM fuel input, using Equation 9 of Sec.  63.7530, that were 
done to demonstrate continuous compliance with the TSM emission limit 
for sources that demonstrate compliance through performance testing. 
For sources that demonstrate compliance through fuel analysis, a copy 
of all calculations and supporting documentation of TSM emission rates, 
using Equation 18 of Sec.  63.7530, that were done to demonstrate 
compliance with the TSM emission limit. Supporting documentation should 
include results of any fuel analyses and basis for the estimates of 
maximum TSM fuel input or TSM emission rates. You can use the results 
from one fuel analysis for multiple boilers and process heaters 
provided they are all burning the same fuel type. However, you must 
calculate TSM fuel input, or TSM emission rates, for each boiler and 
process heater.
* * * * *
    (11) For each startup period, you must maintain records of the time 
that clean fuel combustion begins; the time when firing (i.e., feeding) 
start for coal/solid fossil fuel, biomass/bio-based solids, heavy 
liquid fuel, or gas 2 (other) gases; the time when useful thermal 
energy is first supplied; and the time when the PM controls are 
engaged.
    (12) For each startup period, you must maintain records of the 
hourly steam temperature, hourly steam pressure, hourly steam flow, 
hourly flue gas temperature, and all hourly average CMS data (e.g., 
CEMS, PM CPMS, COMS, ESP total secondary electric power input, scrubber 
pressure drop, scrubber liquid flow rate) collected during each startup 
period to confirm that the control devices are engaged. In addition, if 
compliance with the PM emission limit is demonstrated using a PM 
control device, you must maintain records as specified in paragraphs 
(d)(12)(i) through (iii) of this section.
    (i) For a boiler or process heater with an electrostatic 
precipitator, record the number of fields in service, as well as each 
field's secondary voltage and secondary current during each hour of 
startup.
    (ii) For a boiler or process heater with a fabric filter, record 
the number of compartments in service, as well as the differential 
pressure across the baghouse during each hour of startup.
    (iii) For a boiler or process heater with a wet scrubber needed for 
filterable PM control, record the scrubber liquid to fuel ratio and the 
differential pressure of the liquid during each hour of startup.
* * * * *
0
19. Section 63.7575 is amended by:
0
a. Revising the definitions for ``Coal,'' ``Limited-use boiler or 
process heater,'' ``Load fraction,'' ``Oxygen trim system,'' 
``Shutdown,'' ``Startup,'' ``Steam output,'' and ``Temporary boiler.''
0
b. Adding in alphabetical order definitions for ``Fossil fuel'' and 
``Useful thermal energy.''
0
c. Removing the definition for ``Affirmative defense.''
    The revisions read as follows:


Sec.  63.7575  What definitions apply to this subpart?

* * * * *
    Coal means all solid fuels classifiable as anthracite, bituminous, 
sub-bituminous, or lignite by ASTM D388 (incorporated by reference, see 
Sec.  63.14), coal refuse, and petroleum coke. For the purposes of this 
subpart, this definition of ``coal'' includes synthetic fuels derived 
from coal, including but not limited to, solvent-refined coal, coal-oil 
mixtures, and coal-water mixtures. Coal derived gases and liquids are 
excluded from this definition.
* * * * *
    Fossil fuel means natural gas, oil, coal, and any form of solid, 
liquid, or gaseous fuel derived from such material.
* * * * *
    Limited-use boiler or process heater means any boiler or process 
heater that burns any amount of solid, liquid, or gaseous fuels and has 
a federally enforceable annual capacity factor of no more than 10 
percent.
* * * * *
    Load fraction means the actual heat input of a boiler or process 
heater divided by heat input during the performance test that 
established the minimum sorbent injection rate or minimum activated 
carbon injection rate, expressed as a fraction (e.g., for 50 percent 
load the load fraction is 0.5). For boilers and process heaters that 
co-fire natural gas or refinery gas with a solid or liquid fuel, the 
load fraction is determined by the actual heat input of the solid or 
liquid fuel divided by heat input of the solid or liquid fuel fired 
during the performance test (e.g., if the performance test was 
conducted at 100 percent solid fuel firing, for 100 percent

[[Page 3113]]

load firing 50 percent solid fuel and 50 percent natural gas the load 
fraction is 0.5).
* * * * *
    Oxygen trim system means a system of monitors that is used to 
maintain excess air at the desired level in a combustion device over 
its operating load range. A typical system consists of a flue gas 
oxygen and/or CO monitor that automatically provides a feedback signal 
to the combustion air controller or draft controller.
* * * * *
    Shutdown means the period in which cessation of operation of a 
boiler or process heater is initiated for any purpose. Shutdown begins 
when the boiler or process heater no longer makes useful thermal energy 
(such as heat or steam) for heating, cooling, or process purposes and/
or generates electricity or when no fuel is being fed to the boiler or 
process heater, whichever is earlier. Shutdown ends when the boiler or 
process heater no longer makes useful thermal energy (such as steam or 
heat) for heating, cooling, or process purposes and/or generates 
electricity, and no fuel is being combusted in the boiler or process 
heater.
* * * * *
    Startup means:
    (1) Either the first-ever firing of fuel in a boiler or process 
heater for the purpose of supplying steam or heat for heating and/or 
producing electricity, or for any other purpose, or the firing of fuel 
in a boiler after a shutdown event for any purpose. Startup ends when 
any of the steam or heat from the boiler or process heater is supplied 
for heating, and/or producing electricity, or for any other purpose, or
    (2) The period in which operation of a boiler or process heater is 
initiated for any purpose. Startup begins with either the first-ever 
firing of fuel in a boiler or process heater for the purpose of 
supplying useful thermal energy (such as steam or heat) for heating, 
cooling or process purposes, or producing electricity, or the firing of 
fuel in a boiler or process heater for any purpose after a shutdown 
event. Startup ends four hours after when the boiler or process heater 
makes useful thermal energy (such as heat or steam) for heating, 
cooling, or process purposes, or generates electricity, whichever is 
earlier.
    Steam output means:
    (1) For a boiler that produces steam for process or heating only 
(no power generation), the energy content in terms of MMBtu of the 
boiler steam output,
    (2) For a boiler that cogenerates process steam and electricity 
(also known as combined heat and power), the total energy output, which 
is the sum of the energy content of the steam exiting the turbine and 
sent to process in MMBtu and the energy of the electricity generated 
converted to MMBtu at a rate of 10,000 Btu per kilowatt-hour generated 
(10 MMBtu per megawatt-hour), and
    (3) For a boiler that generates only electricity, the alternate 
output-based emission limits would be the appropriate emission limit 
from Table 1 or 2 of this subpart in units of pounds per million Btu 
heat input (lb per MWh).
    (4) For a boiler that performs multiple functions and produces 
steam to be used for any combination of (1), (2) and (3) that includes 
electricity generation (3), the total energy output, in terms of MMBtu 
of steam output, is the sum of the energy content of steam sent 
directly to the process and/or used for heating (S<INF>1</INF>), the 
energy content of turbine steam sent to process plus energy in 
electricity according to (2) above (S<INF>2</INF>), and the energy 
content of electricity generated by a electricity only turbine as (3) 
above (S<INF>3</INF>) and would be calculated using Equation 21 of this 
section. In the case of boilers supplying steam to one or more common 
heaters, S<INF>1</INF>, S<INF>2</INF>, and MW<INF>(3)</INF> for each 
boiler would be calculated based on the its (steam energy) contribution 
(fraction of total stam energy) to the common heater.

[GRAPHIC] [TIFF OMITTED] TP21JA15.007

Where:

SO<INF>M</INF> = Total steam output for multi-function boiler, MMBtu
S<INF>1</INF> = Energy content of steam sent directly to the process 
and/or used for heating, MMBtu
S<INF>2</INF> = Energy content of turbine steam sent to the process 
plus energy in electricity according to (2) above, MMBtu
MW<INF>(3)</INF> = Electricity generated according to (3) above, MWh
CFn = Conversion factor for the appropriate subcategory for 
converting electricity generated according to (3) above to 
equivalent steam energy, MMBtu/MWh
CFn for emission limits for boilers in the unit designed to burn 
solid fuel subcategory = 10.8
CFn PM and CO emission limits for boilers in one of the 
subcategories of units designed to burn coal = 11.7
CFn PM and CO emission limits for boilers in one of the 
subcategories of units designed to burn biomass = 12.1
CFn for emission limits for boilers in one of the subcategories of 
units designed to burn liquid fuel = 11.2
CFn for emission limits for boilers in the unit designed to burn gas 
2 (other) subcategory = 6.2
* * * * *
    Temporary boiler means any gaseous or liquid fuel boiler or process 
heater that is designed to, and is capable of, being carried or moved 
from one location to another by means of, for example, wheels, skids, 
carrying handles, dollies, trailers, or platforms. A boiler or process 
heater is not a temporary boiler or process heater if any one of the 
following conditions exists:
    (1) The equipment is attached to a foundation.
    (2) The boiler or process heater or a replacement remains at a 
location within the facility and performs the same or similar function 
for more than 12 consecutive months, unless the regulatory agency 
approves an extension. An extension may be granted by the regulating 
agency upon petition by the owner or operator of a unit specifying the 
basis for such a request. Any temporary boiler or process heater that 
replaces a temporary boiler or process heater at a location and 
performs the same or similar function will be included in calculating 
the consecutive time period.
    (3) The equipment is located at a seasonal facility and operates 
during the full annual operating period of the seasonal facility, 
remains at the facility for at least 2 years, and operates at that 
facility for at least 3 months each year.
    (4) The equipment is moved from one location to another within the 
facility but continues to perform the same or similar function and 
serve the same electricity, process heat, steam, and/or hot water 
system in an attempt to circumvent the residence time requirements of 
this definition.
* * * * *
    Useful thermal energy means energy (i.e., steam, hot water, or 
process heat) that meets the minimum operating temperature and/or 
pressure required by any energy use system that uses energy provided by 
the affected boiler or process heater.
* * * * *
0
20. Table 1 to subpart DDDDD of part 63 is revised to read as follows:

[[Page 3114]]



    Table 1 to Subpart DDDDD of Part 63--Emission Limits for New or Reconstructed Boilers and Process Heaters
           As Stated in Sec.   63.7500, You Must Comply With the Following Applicable Emission Limits:
                     [Units with heat input capacity of 10 million Btu per hour or greater]
----------------------------------------------------------------------------------------------------------------
                                                                        Or the emissions
                                                 The emissions must    must not exceed the
  If your boiler or process        For the         not exceed the           following       Using this specified
heater is in this subcategory     following      following emission    alternative output-   sampling volume or
            . . .               pollutants . .     limits, except     based limits, except   test run duration .
                                      .          during startup and    during startup and            . .
                                                   shutdown . . .        shutdown . . .
----------------------------------------------------------------------------------------------------------------
1. Units in all subcategories  a. HCl.........  2.2E-02 lb per MMBtu  2.5E-02 lb per MMBtu  For M26A, collect a
 designed to burn solid fuel..                   of heat input.        of steam output or    minimum of 1 dscm
                                                                       0.28 lb per MWh.      per run; for M26
                                                                                             collect a minimum
                                                                                             of 120 liters per
                                                                                             run.
                               b. Mercury.....  8.0E-07 \a\ lb per    8.7E-07 \a\ lb per    For M29, collect a
                                                 MMBtu of heat input.  MMBtu of steam        minimum of 4 dscm
                                                                       output or 1.1E-05     per run; for M30A
                                                                       \a\ lb per MWh.       or M30B, collect a
                                                                                             minimum sample as
                                                                                             specified in the
                                                                                             method; for ASTM
                                                                                             D6784 \b\ collect a
                                                                                             minimum of 4 dscm.
2. Units designed to burn      a. Filterable    1.1E-03 lb per MMBtu  1.1E-03 lb per MMBtu  Collect a minimum of
 coal/solid fossil fuel.        PM (or TSM).     of heat input; or     of steam output or    3 dscm per run.
                                                 (2.3E-05 lb per       1.4E-02 lb per MWh;
                                                 MMBtu of heat         or (2.7E-05 lb per
                                                 input).               MMBtu of steam
                                                                       output or 2.9E-04
                                                                       lb per MWh).
3. Pulverized coal boilers     a. Carbon        130 ppm by volume on  0.11 lb per MMBtu of  1 hr minimum
 designed to burn coal/solid    monoxide (CO)    a dry basis           steam output or 1.4   sampling time.
 fossil fuel.                   (or CEMS).       corrected to 3        lb per MWh; 3-run
                                                 percent oxygen, 3-    average.
                                                 run average; or
                                                 (320 ppm by volume
                                                 on a dry basis
                                                 corrected to 3
                                                 percent oxygen \d\,
                                                 30-day rolling
                                                 average).
4. Stokers/others designed to  a. CO (or CEMS)  130 ppm by volume on  0.12 lb per MMBtu of  1 hr minimum
 burn coal/solid fossil fuel.                    a dry basis           steam output or 1.4   sampling time.
                                                 corrected to 3        lb per MWh; 3-run
                                                 percent oxygen, 3-    average.
                                                 run average; or
                                                 (340 ppm by volume
                                                 on a dry basis
                                                 corrected to 3
                                                 percent oxygen \d\,
                                                 30-day rolling
                                                 average).
5. Fluidized bed units         a. CO (or CEMS)  130 ppm by volume on  0.11 lb per MMBtu of  1 hr minimum
 designed to burn coal/solid                     a dry basis           steam output or 1.4   sampling time.
 fossil fuel.                                    corrected to 3        lb per MWh; 3-run
                                                 percent oxygen, 3-    average.
                                                 run average; or
                                                 (230 ppm by volume
                                                 on a dry basis
                                                 corrected to 3
                                                 percent oxygen \d\,
                                                 30-day rolling
                                                 average).
6. Fluidized bed units with    a. CO (or CEMS)  140 ppm by volume on  1.2E-01 lb per MMBtu  1 hr minimum
 an integrated heat exchanger                    a dry basis           of steam output or    sampling time.
 designed to burn coal/solid                     corrected to 3        1.5 lb per MWh; 3-
 fossil fuel.                                    percent oxygen, 3-    run average.
                                                 run average; or
                                                 (150 ppm by volume
                                                 on a dry basis
                                                 corrected to 3
                                                 percent oxygen \d\,
                                                 30-day rolling
                                                 average).
7. Stokers/sloped grate/       a. CO (or CEMS)  620 ppm by volume on  5.8E-01 lb per MMBtu  1 hr minimum
 others designed to burn wet                     a dry basis           of steam output or    sampling time.
 biomass fuel.                                   corrected to 3        6.8 lb per MWh; 3-
                                                 percent oxygen, 3-    run average.
                                                 run average; or
                                                 (390 ppm by volume
                                                 on a dry basis
                                                 corrected to 3
                                                 percent oxygen \d\,
                                                 30-day rolling
                                                 average).
                               b. Filterable    3.0E-02 lb per MMBtu  3.5E-02 lb per MMBtu  Collect a minimum of
                                PM (or TSM).     of heat input; or     of steam output or    2 dscm per run.
                                                 (2.6E-05 lb per       4.2E-01 lb per MWh;
                                                 MMBtu of heat         or (2.7E-05 lb per
                                                 input).               MMBtu of steam
                                                                       output or 3.7E-04
                                                                       lb per MWh).
8. Stokers/sloped grate/       a. CO..........  460 ppm by volume on  4.2E-01 lb per MMBtu  1 hr minimum
 others designed to burn kiln-                   a dry basis           of steam output or    sampling time.
 dried biomass fuel.                             corrected to 3        5.1 lb per MWh.
                                                 percent oxygen.
                               b. Filterable    3.0E-02 lb per MMBtu  3.5E-02 lb per MMBtu  Collect a minimum of
                                PM (or TSM).     of heat input; or     of steam output or    2 dscm per run.
                                                 (4.0E-03 lb per       4.2E-01 lb per MWh;
                                                 MMBtu of heat         or (4.2E-03 lb per
                                                 input).               MMBtu of steam
                                                                       output or 5.6E-02
                                                                       lb per MWh).

[[Page 3115]]

 
9. Fluidized bed units         a. CO (or CEMS)  230 ppm by volume on  2.2E-01 lb per MMBtu  1 hr minimum
 designed to burn biomass/bio-                   a dry basis           of steam output or    sampling time.
 based solids.                                   corrected to 3        2.6 lb per MWh; 3-
                                                 percent oxygen, 3-    run average.
                                                 run average; or
                                                 (310 ppm by volume
                                                 on a dry basis
                                                 corrected to 3
                                                 percent oxygen \d\,
                                                 30-day rolling
                                                 average).
                               b. Filterable    9.8E-03 lb per MMBtu  1.2E-02 lb per MMBtu  Collect a minimum of
                                PM (or TSM).     of heat input; or     of steam output or    3 dscm per run.
                                                 (8.3E-05 \a\ lb per   0.14 lb per MWh; or
                                                 MMBtu of heat         (1.1E-04 \a\ lb per
                                                 input).               MMBtu of steam
                                                                       output or 1.2E-03
                                                                       \a\ lb per MWh).
10. Suspension burners         a. CO (or CEMS)  2,400 ppm by volume   1.9 lb per MMBtu of   1 hr minimum
 designed to burn biomass/bio-                   on a dry basis        steam output or 27    sampling time.
 based solids.                                   corrected to 3        lb per MWh; 3-run
                                                 percent oxygen, 3-    average.
                                                 run average; or
                                                 (2,000 ppm by
                                                 volume on a dry
                                                 basis corrected to
                                                 3 percent oxygen
                                                 \d\, 10-day rolling
                                                 average).
                               b. Filterable    3.0E-02 lb per MMBtu  3.1E-02 lb per MMBtu  Collect a minimum of
                                PM (or TSM).     of heat input; or     of steam output or    2 dscm per run.
                                                 (6.5E-03 lb per       4.2E-01 lb per MWh;
                                                 MMBtu of heat         or (6.6E-03 lb per
                                                 input).               MMBtu of steam
                                                                       output or 9.1E-02
                                                                       lb per MWh).
11. Dutch Ovens/Pile burners   a. CO (or CEMS)  330 ppm by volume on  3.5E-01 lb per MMBtu  1 hr minimum
 designed to burn biomass/bio-                   a dry basis           of steam output or    sampling time.
 based solids.                                   corrected to 3        3.6 lb per MWh; 3-
                                                 percent oxygen, 3-    run average.
                                                 run average; or
                                                 (520 ppm by volume
                                                 on a dry basis
                                                 corrected to 3
                                                 percent oxygen \d\,
                                                 10-day rolling
                                                 average).
                               b. Filterable    3.2E-03 lb per MMBtu  4.3E-03 lb per MMBtu  Collect a minimum of
                                PM (or TSM).     of heat input; or     of steam output or    3 dscm per run.
                                                 (3.9E-05 lb per       4.5E-02 lb per MWh;
                                                 MMBtu of heat         or (5.2E-05 lb per
                                                 input).               MMBtu of steam
                                                                       output or 5.5E-04
                                                                       lb per MWh).
12. Fuel cell units designed   a. CO..........  910 ppm by volume on  1.1 lb per MMBtu of   1 hr minimum
 to burn biomass/bio-based                       a dry basis           steam output or       sampling time.
 solids.                                         corrected to 3        1.0E+01 lb per MWh.
                                                 percent oxygen.
                               b. Filterable    2.0E-02 lb per MMBtu  3.0E-02 lb per MMBtu  Collect a minimum of
                                PM (or TSM).     of heat input; or     of steam output or    2 dscm per run.
                                                 (2.9E-05 \a\ lb per   2.8E-01 lb per MWh;
                                                 MMBtu of heat         or (5.1E-05 lb per
                                                 input).               MMBtu of steam
                                                                       output or 4.1E-04
                                                                       lb per MWh).
13. Hybrid suspension grate    a. CO (or CEMS)  1,100 ppm by volume   1.4 lb per MMBtu of   1 hr minimum
 boiler designed to burn                         on a dry basis        steam output or 12    sampling time.
 biomass/bio-based solids.                       corrected to 3        lb per MWh; 3-run
                                                 percent oxygen, 3-    average.
                                                 run average; or
                                                 (900 ppm by volume
                                                 on a dry basis
                                                 corrected to 3
                                                 percent oxygen \d\,
                                                 30-day rolling
                                                 average).
                               b. Filterable    2.6E-02 lb per MMBtu  3.3E-02 lb per MMBtu  Collect a minimum of
                                PM (or TSM).     of heat input; or     of steam output or    3 dscm per run.
                                                 (4.4E-04 lb per       3.7E-01 lb per MWh;
                                                 MMBtu of heat         or (5.5E-04 lb per
                                                 input).               MMBtu of steam
                                                                       output or 6.2E-03
                                                                       lb per MWh).
14. Units designed to burn     a. HCl.........  4.4E-04 lb per MMBtu  4.8E-04 lb per MMBtu  For M26A: Collect a
 liquid fuel.                                    of heat input.        of steam output or    minimum of 2 dscm
                                                                       6.1E-03 lb per MWh.   per run; for M26,
                                                                                             collect a minimum
                                                                                             of 240 liters per
                                                                                             run.
                               b. Mercury.....  4.8E-07 \a\ lb per    5.3E-07 \a\ lb per    For M29, collect a
                                                 MMBtu of heat input.  MMBtu of steam        minimum of 4 dscm
                                                                       output or 6.7E-06     per run; for M30A
                                                                       \a\ lb per MWh.       or M30B, collect a
                                                                                             minimum sample as
                                                                                             specified in the
                                                                                             method; for ASTM
                                                                                             D6784 \b\ collect a
                                                                                             minimum of 4 dscm.

[[Page 3116]]

 
15. Units designed to burn     a. CO..........  130 ppm by volume on  0.13 lb per MMBtu of  1 hr minimum
 heavy liquid fuel.                              a dry basis           steam output or 1.4   sampling time.
                                                 corrected to 3        lb per MWh; 3-run
                                                 percent oxygen, 3-    average.
                                                 run average.
                               b. Filterable    1.3E-02 lb per MMBtu  1.5E-02 lb per MMBtu  Collect a minimum of
                                PM (or TSM).     of heat input; or     of steam output or    3 dscm per run.
                                                 (7.5E-05 lb per       1.8E-01 lb per MWh;
                                                 MMBtu of heat         or (8.2E-05 lb per
                                                 input).               MMBtu of steam
                                                                       output or 1.1E-03
                                                                       lb per MWh).
16. Units designed to burn     a. CO..........  130 ppm by volume on  0.13 lb per MMBtu of  1 hr minimum
 light liquid fuel.                              a dry basis           steam output or 1.4   sampling time.
                                                 corrected to 3        lb per MWh.
                                                 percent oxygen.
                               b. Filterable    1.1E-03 \a\ lb per    1.2E-03 \a\ lb per    Collect a minimum of
                                PM (or TSM).     MMBtu of heat         MMBtu of steam        3 dscm per run.
                                                 input; or (2.9E-05    output or 1.6E-02
                                                 lb per MMBtu of       \a\ lb per MWh; or
                                                 heat input).          (3.2E-05 lb per
                                                                       MMBtu of steam
                                                                       output or 4.0E-04
                                                                       lb per MWh).
17. Units designed to burn     a. CO..........  130 ppm by volume on  0.13 lb per MMBtu of  1 hr minimum
 liquid fuel that are non-                       a dry basis           steam output or 1.4   sampling time.
 continental units.                              corrected to 3        lb per MWh; 3-run
                                                 percent oxygen, 3-    average.
                                                 run average based
                                                 on stack test.
                               b. Filterable    2.3E-02 lb per MMBtu  2.5E-02 lb per MMBtu  Collect a minimum of
                                PM (or TSM).     of heat input; or     of steam output or    4 dscm per run.
                                                 (8.6E-04 lb per       3.2E-01 lb per MWh;
                                                 MMBtu of heat         or (9.4E-04 lb per
                                                 input).               MMBtu of steam
                                                                       output or 1.2E-02
                                                                       lb per MWh).
18. Units designed to burn     a. CO..........  130 ppm by volume on  0.16 lb per MMBtu of  1 hr minimum
 gas 2 (other) gases.                            a dry basis           steam output or 1.0   sampling time.
                                                 corrected to 3        lb per MWh.
                                                 percent oxygen.
                               b. HCl.........  1.7E-03 lb per MMBtu  2.9E-03 lb per MMBtu  For M26A, Collect a
                                                 of heat input.        of steam output or    minimum of 2 dscm
                                                                       1.8E-02 lb per MWh.   per run; for M26,
                                                                                             collect a minimum
                                                                                             of 240 liters per
                                                                                             run.
                               c. Mercury.....  7.9E-06 lb per MMBtu  1.4E-05 lb per MMBtu  For M29, collect a
                                                 of heat input.        of steam output or    minimum of 3 dscm
                                                                       8.3E-05 lb per MWh.   per run; for M30A
                                                                                             or M30B, collect a
                                                                                             minimum sample as
                                                                                             specified in the
                                                                                             method; for ASTM
                                                                                             D6784 \b\, collect
                                                                                             a minimum of 3
                                                                                             dscm.
                               d. Filterable    6.7E-03 lb per MMBtu  1.2E-02 lb per MMBtu  Collect a minimum of
                                PM (or TSM).     of heat input; or     of steam output or    3 dscm per run.
                                                 (2.1E-04 lb per       7.0E-02 lb per MWh;
                                                 MMBtu of heat         or (3.5E-04 lb per
                                                 input).               MMBtu of steam
                                                                       output or 2.2E-03
                                                                       lb per MWh).
----------------------------------------------------------------------------------------------------------------
\a\ If you are conducting stack tests to demonstrate compliance and your performance tests for this pollutant
  for at least 2 consecutive years show that your emissions are at or below this limit, you can skip testing
  according to Sec.   63.7515 if all of the other provisions of Sec.   63.7515 are met. For all other pollutants
  that do not contain a footnote ``a'', your performance tests for this pollutant for at least 2 consecutive
  years must show that your emissions are at or below 75 percent of this limit in order to qualify for skip
  testing.
\b\ Incorporated by reference, see Sec.   63.14.
\c\ If your affected source is a new or reconstructed affected source that commenced construction or
  reconstruction after June 4, 2010, and before January 31, 2013, you may comply with the emission limits in
  Tables 11, 12 or 13 to this subpart until January 31, 2016. On and after January 31, 2016, you must comply
  with the emission limits in Table 1 to this subpart.
\d\ An owner or operator may request that compliance with the carbon monoxide emission limit be determined using
  carbon dioxide measurements corrected to an equivalent of 3 percent oxygen. The relationship between oxygen
  and carbon dioxide levels for the affected facility shall be established during the initial compliance test.

0
21. Table 2 to subpart DDDDD of part 63 is revised to read as follows:

[[Page 3117]]



          Table 2 to Subpart DDDDD of Part 63--Emission Limits for Existing Boilers and Process Heaters
           As Stated in Sec.   63.7500, You Must Comply With the Following Applicable Emission Limits:
                     [Units with heat input capacity of 10 million Btu per hour or greater]
----------------------------------------------------------------------------------------------------------------
                                                                       The emissions must
                                                 The emissions must      not exceed the
  If your boiler or process        For the         not exceed the           following       Using this specified
heater is in this subcategory     following      following emission    alternative output-   sampling volume or
            . . .               pollutants . .     limits, except     based limits, except   test run duration .
                                      .          during startup and    during startup and            . .
                                                   shutdown . . .        shutdown . . .
----------------------------------------------------------------------------------------------------------------
1. Units in all subcategories  a. HCl.........  2.2E-02 lb per MMBtu  2.5E-02 lb per MMBtu  For M26A, Collect a
 designed to burn solid fuel.                    of heat input.        of steam output or    minimum of 1 dscm
                                                                       0.27 lb per MWh.      per run; for M26,
                                                                                             collect a minimum
                                                                                             of 120 liters per
                                                                                             run.
                               b. Mercury.....  5.7E-06 lb per MMBtu  6.4E-06 lb per MMBtu  For M29, collect a
                                                 of heat input.        of steam output or    minimum of 3 dscm
                                                                       7.3E-05 lb per MWh.   per run; for M30A
                                                                                             or M30B, collect a
                                                                                             minimum sample as
                                                                                             specified in the
                                                                                             method; for ASTM
                                                                                             D6784 \b\ collect a
                                                                                             minimum of 3 dscm.
2. Units design to burn coal/  a. Filterable    4.0E-02 lb per MMBtu  4.2E-02 lb per MMBtu  Collect a minimum of
 solid fossil fuel.             PM (or TSM).     of heat input; or     of steam output or    2 dscm per run.
                                                 (5.3E-05 lb per       4.9E-01 lb per MWh;
                                                 MMBtu of heat         or (5.6E-05 lb per
                                                 input).               MMBtu of steam
                                                                       output or 6.5E-04
                                                                       lb per MWh).
3. Pulverized coal boilers     a. CO (or CEMS)  130 ppm by volume on  0.11 lb per MMBtu of  1 hr minimum
 designed to burn coal/solid                     a dry basis           steam output or 1.4   sampling time.
 fossil fuel.                                    corrected to 3        lb per MWh; 3-run
                                                 percent oxygen, 3-    average.
                                                 run average; or
                                                 (320 ppm by volume
                                                 on a dry basis
                                                 corrected to 3
                                                 percent oxygen,\c\
                                                 30-day rolling
                                                 average).
4. Stokers/others designed to  a. CO (or CEMS)  160 ppm by volume on  0.14 lb per MMBtu of  1 hr minimum
 burn coal/solid fossil fuel.                    a dry basis           steam output or 1.7   sampling time.
                                                 corrected to 3        lb per MWh; 3-run
                                                 percent oxygen, 3-    average.
                                                 run average; or
                                                 (340 ppm by volume
                                                 on a dry basis
                                                 corrected to 3
                                                 percent oxygen,\c\
                                                 30-day rolling
                                                 average).
5. Fluidized bed units         a. CO (or CEMS)  130 ppm by volume on  0.12 lb per MMBtu of  1 hr minimum
 designed to burn coal/solid                     a dry basis           steam output or 1.4   sampling time.
 fossil fuel.                                    corrected to 3        lb per MWh; 3-run
                                                 percent oxygen, 3-    average.
                                                 run average; or
                                                 (230 ppm by volume
                                                 on a dry basis
                                                 corrected to 3
                                                 percent oxygen,\c\
                                                 30-day rolling
                                                 average).
6. Fluidized bed units with    a. CO (or CEMS)  140 ppm by volume on  1.3E-01 lb per MMBtu  1 hr minimum
 an integrated heat exchanger                    a dry basis           of steam output or    sampling time.
 designed to burn coal/solid                     corrected to 3        1.5 lb per MWh; 3-
 fossil fuel.                                    percent oxygen, 3-    run average.
                                                 run average; or
                                                 (150 ppm by volume
                                                 on a dry basis
                                                 corrected to 3
                                                 percent oxygen,\c\
                                                 30-day rolling
                                                 average).
7. Stokers/sloped grate/       a. CO (or CEMS)  1,500 ppm by volume   1.4 lb per MMBtu of   1 hr minimum
 others designed to burn wet                     on a dry basis        steam output or 17    sampling time.
 biomass fuel.                                   corrected to 3        lb per MWh; 3-run
                                                 percent oxygen, 3-    average.
                                                 run average; or
                                                 (720 ppm by volume
                                                 on a dry basis
                                                 corrected to 3
                                                 percent oxygen,\c\
                                                 30-day rolling
                                                 average).
                               b. Filterable    3.7E-02 lb per MMBtu  4.3E-02 lb per MMBtu  Collect a minimum of
                                PM (or TSM).     of heat input; or     of steam output or    2 dscm per run.
                                                 (2.4E-04 lb per       5.2E-01 lb per MWh;
                                                 MMBtu of heat         or (2.8E-04 lb per
                                                 input).               MMBtu of steam
                                                                       output or 3.4E-04
                                                                       lb per MWh).
8. Stokers/sloped grate/       a. CO..........  460 ppm by volume on  4.2E-01 lb per MMBtu  1 hr minimum
 others designed to burn kiln-                   a dry basis           of steam output or    sampling time.
 dried biomass fuel.                             corrected to 3        5.1 lb per MWh.
                                                 percent oxygen.
                               b. Filterable    3.2E-01 lb per MMBtu  3.7E-01 lb per MMBtu  Collect a minimum of
                                PM (or TSM).     of heat input; or     of steam output or    1 dscm per run.
                                                 (4.0E-03 lb per       4.5 lb per MWh; or
                                                 MMBtu of heat         (4.6E-03 lb per
                                                 input).               MMBtu of steam
                                                                       output or 5.6E-02
                                                                       lb per MWh).

[[Page 3118]]

 
9. Fluidized bed units         a. CO (or CEMS)  470 ppm by volume on  4.6E-01 lb per MMBtu  1 hr minimum
 designed to burn biomass/bio-                   a dry basis           of steam output or    sampling time.
 based solid.                                    corrected to 3        5.2 lb per MWh; 3-
                                                 percent oxygen, 3-    run average.
                                                 run average; or
                                                 (310 ppm by volume
                                                 on a dry basis
                                                 corrected to 3
                                                 percent oxygen,\c\
                                                 30-day rolling
                                                 average).
                               b. Filterable    1.1E-01 lb per MMBtu  1.4E-01 lb per MMBtu  Collect a minimum of
                                PM (or TSM).     of heat input; or     of steam output or    1 dscm per run.
                                                 (1.2E-03 lb per       1.6 lb per MWh; or
                                                 MMBtu of heat         (1.5E-03 lb per
                                                 input).               MMBtu of steam
                                                                       output or 1.7E-02
                                                                       lb per MWh).
10. Suspension burners         a. CO (or CEMS)  2,400 ppm by volume   1.9 lb per MMBtu of   1 hr minimum
 designed to burn biomass/bio-                   on a dry basis        steam output or 27    sampling time.
 based solid.                                    corrected to 3        lb per MWh; 3-run
                                                 percent oxygen, 3-    average.
                                                 run average; or
                                                 (2,000 ppm by
                                                 volume on a dry
                                                 basis corrected to
                                                 3 percent
                                                 oxygen,\c\ 10-day
                                                 rolling average).
                               b. Filterable    5.1E-02 lb per MMBtu  5.2E-02 lb per MMBtu  Collect a minimum of
                                PM (or TSM).     of heat input; or     of steam output or    2 dscm per run.
                                                 (6.5E-03 lb per       7.1E-01 lb per MWh;
                                                 MMBtu of heat         or (6.6E-03 lb per
                                                 input).               MMBtu of steam
                                                                       output or 9.1E-02
                                                                       lb per MWh).
11. Dutch Ovens/Pile burners   a. CO (or CEMS)  770 ppm by volume on  8.4E-01 lb per MMBtu  1 hr minimum
 designed to burn biomass/bio-                   a dry basis           of steam output or    sampling time.
 based solid.                                    corrected to 3        8.4 lb per MWh; 3-
                                                 percent oxygen, 3-    run average.
                                                 run average; or
                                                 (520 ppm by volume
                                                 on a dry basis
                                                 corrected to 3
                                                 percent oxygen,\c\
                                                 10-day rolling
                                                 average).
                               b. Filterable    2.8E-01 lb per MMBtu  3.9E-01 lb per MMBtu  Collect a minimum of
                                PM (or TSM).     of heat input; or     of steam output or    1 dscm per run.
                                                 (2.0E-03 lb per       3.9 lb per MWh; or
                                                 MMBtu of heat         (2.8E-03 lb per
                                                 input).               MMBtu of steam
                                                                       output or 2.8E-02
                                                                       lb per MWh).
12. Fuel cell units designed   a. CO..........  1,100 ppm by volume   2.4 lb per MMBtu of   1 hr minimum
 to burn biomass/bio-based                       on a dry basis        steam output or 12    sampling time.
 solid.                                          corrected to 3        lb per MWh.
                                                 percent oxygen.
                               b. Filterable    2.0E-02 lb per MMBtu  5.5E-02 lb per MMBtu  Collect a minimum of
                                PM (or TSM).     of heat input; or     of steam output or    2 dscm per run.
                                                 (5.8E-03 lb per       2.8E-01 lb per MWh;
                                                 MMBtu of heat         or (1.6E-02 lb per
                                                 input).               MMBtu of steam
                                                                       output or 8.1E-02
                                                                       lb per MWh).
13. Hybrid suspension grate    a. CO (or CEMS)  3,500 ppm by volume   3.5 lb per MMBtu of   1 hr minimum
 units designed to burn                          on a dry basis        steam output or 39    sampling time.
 biomass/bio-based solid.                        corrected to 3        lb per MWh; 3-run
                                                 percent oxygen, 3-    average.
                                                 run average; or
                                                 (900 ppm by volume
                                                 on a dry basis
                                                 corrected to 3
                                                 percent oxygen,\c\
                                                 30-day rolling
                                                 average).
                               b. Filterable    4.4E-01 lb per MMBtu  5.5E-01 lb per MMBtu  Collect a minimum of
                                PM (or TSM).     of heat input; or     of steam output or    1 dscm per run.
                                                 (4.5E-04 lb per       6.2 lb per MWh; or
                                                 MMBtu of heat         (5.7E-04 lb per
                                                 input).               MMBtu of steam
                                                                       output or 6.3E-03
                                                                       lb per MWh).
14. Units designed to burn     a. HCl.........  1.1E-03 lb per MMBtu  1.4E-03 lb per MMBtu  For M26A, collect a
 liquid fuel.                                    of heat input.        of steam output or    minimum of 2 dscm
                                                                       1.6E-02 lb per MWh.   per run; for M26,
                                                                                             collect a minimum
                                                                                             of 240 liters per
                                                                                             run.
                               b. Mercury.....  2.0E-06 \a\ lb per    2.5E-06 \a\ lb per    For M29, collect a
                                                 MMBtu of heat input.  MMBtu of steam        minimum of 3 dscm
                                                                       output or 2.8E-05     per run; for M30A
                                                                       lb per MWh.           or M30B collect a
                                                                                             minimum sample as
                                                                                             specified in the
                                                                                             method, for ASTM
                                                                                             D6784, \b\ collect
                                                                                             a minimum of 2
                                                                                             dscm.

[[Page 3119]]

 
15. Units designed to burn     a. CO..........  130 ppm by volume on  0.13 lb per MMBtu of  1 hr minimum
 heavy liquid fuel.                              a dry basis           steam output or 1.4   sampling time.
                                                 corrected to 3        lb per MWh; 3-run
                                                 percent oxygen, 3-    average.
                                                 run average.
                               b. Filterable    6.2E-02 lb per MMBtu  7.5E-02 lb per MMBtu  Collect a minimum of
                                PM (or TSM).     of heat input; or     of steam output or    1 dscm per run.
                                                 (2.0E-04 lb per       8.6E-01 lb per MWh;
                                                 MMBtu of heat         or (2.5E-04 lb per
                                                 input).               MMBtu of steam
                                                                       output or 2.8E-03
                                                                       lb per MWh).
16. Units designed to burn     a. CO..........  130 ppm by volume on  0.13 lb per MMBtu of  1 hr minimum
 light liquid fuel.                              a dry basis           steam output or 1.4   sampling time.
                                                 corrected to 3        lb per MWh.
                                                 percent oxygen.
                               b. Filterable    7.9E-03 \a\ lb per    9.6E-03 \a\ lb per    Collect a minimum of
                                PM (or TSM).     MMBtu of heat         MMBtu of steam        3 dscm per run.
                                                 input; or (6.2E-05    output or 1.1E-01
                                                 lb per MMBtu of       \a\ lb per MWh; or
                                                 heat input).          (7.5E-05 lb per
                                                                       MMBtu of steam
                                                                       output or 8.6E-04
                                                                       lb per MWh).
17. Units designed to burn     a. CO..........  130 ppm by volume on  0.13 lb per MMBtu of  1 hr minimum
 liquid fuel that are non-                       a dry basis           steam output or 1.4   sampling time.
 continental units.                              corrected to 3        lb per MWh; 3-run
                                                 percent oxygen, 3-    average.
                                                 run average based
                                                 on stack test.
                               b. Filterable    2.7E-01 lb per MMBtu  3.3E-01 lb per MMBtu  Collect a minimum of
                                PM (or TSM).     of heat input; or     of steam output or    2 dscm per run.
                                                 (8.6E-04 lb per       3.8 lb per MWh; or
                                                 MMBtu of heat         (1.1E-03 lb per
                                                 input).               MMBtu of steam
                                                                       output or 1.2E-02
                                                                       lb per MWh).
18. Units designed to burn     a. CO..........  130 ppm by volume on  0.16 lb per MMBtu of  1 hr minimum
 gas 2 (other) gases.                            a dry basis           steam output or 1.0   sampling time.
                                                 corrected to 3        lb per MWh.
                                                 percent oxygen.
                               b. HCl.........  1.7E-03 lb per MMBtu  2.9E-03 lb per MMBtu  For M26A, collect a
                                                 of heat input.        of steam output or    minimum of 2 dscm
                                                                       1.8E-02 lb per MWh.   per run; for M26,
                                                                                             collect a minimum
                                                                                             of 240 liters per
                                                                                             run.
                               c. Mercury.....  7.9E-06 lb per MMBtu  1.4E-05 lb per MMBtu  For M29, collect a
                                                 of heat input.        of steam output or    minimum of 3 dscm
                                                                       8.3E-05 lb per MWh.   per run; for M30A
                                                                                             or M30B, collect a
                                                                                             minimum sample as
                                                                                             specified in the
                                                                                             method; for ASTM
                                                                                             D6784,\b\ collect a
                                                                                             minimum of 2 dscm.
                               d. Filterable    6.7E-03 lb per MMBtu  1.2E-02 lb per MMBtu  Collect a minimum of
                                PM (or TSM).     of heat input or      of steam output or    3 dscm per run.
                                                 (2.1E-04 lb per       7.0E-02 lb per MWh;
                                                 MMBtu of heat         or (3.5E-04 lb per
                                                 input).               MMBtu of steam
                                                                       output or 2.2E-03
                                                                       lb per MWh).
----------------------------------------------------------------------------------------------------------------
\a\ If you are conducting stack tests to demonstrate compliance and your performance tests for this pollutant
  for at least 2 consecutive years show that your emissions are at or below this limit, you can skip testing
  according to Sec.   63.7515 if all of the other provisions of Sec.   63.7515 are met. For all other pollutants
  that do not contain a footnote a, your performance tests for this pollutant for at least 2 consecutive years
  must show that your emissions are at or below 75 percent of this limit in order to qualify for skip testing.
\b\ Incorporated by reference, see Sec.   63.14.
\c\ An owner or operator may request that compliance with the carbon monoxide emission limit be determined using
  carbon dioxide measurements corrected to an equivalent of 3 percent oxygen. The relationship between oxygen
  and carbon dioxide levels for the affected facility shall be established during the initial compliance test.

0
22. Table 3 to subpart DDDDD of part 63 is amended by revising the 
entry for ``4,'' ``5,'' and ``6'' to read as follows:

[[Page 3120]]



      Table 3 to Subpart DDDDD of Part 63--Work Practice Standards
    [As stated in Sec.   63.7500, you must comply with the following
                  applicable work practice standards:]
------------------------------------------------------------------------
    If your unit is . . .          You must meet the following . . .
------------------------------------------------------------------------
4. An existing boiler or       Must have a one-time energy assessment
 process heater located at a    performed by a qualified energy
 major source facility, not     assessor. An energy assessment completed
 including limited use units.   on or after January 1, 2008, that meets
                                or is amended to meet the energy
                                assessment requirements in this table,
                                satisfies the energy assessment
                                requirement. A facility that operated
                                under an energy management program
                                developed according to the ENERGY STAR
                                guidelines for energy management or
                                compatible with ISO 50001 for at least
                                one year between January 1, 2008 and the
                                compliance date specified in Sec.
                                63.7495 that includes the affected units
                                also satisfies the energy assessment
                                requirement. The energy assessment must
                                include the following with extent of the
                                evaluation for items a. to e.
                                appropriate for the on-site technical
                                hours listed in Sec.   63.7575:
                               a. A visual inspection of the boiler or
                                process heater system.
                               b. An evaluation of operating
                                characteristics of the boiler or process
                                heater systems, specifications of energy
                                using systems, operating and maintenance
                                procedures, and unusual operating
                                constraints.
                               c. An inventory of major energy use
                                systems consuming energy from affected
                                boilers and process heaters and which
                                are under the control of the boiler/
                                process heater owner/operator.
                               d. A review of available architectural
                                and engineering plans, facility
                                operation and maintenance procedures and
                                logs, and fuel usage.
                               e. A review of the facility's energy
                                management program and provide
                                recommendations for improvements
                                consistent with the definition of energy
                                management program, if identified.
                               f. A list of cost-effective energy
                                conservation measures that are within
                                the facility's control.
                               g. A list of the energy savings potential
                                of the energy conservation measures
                                identified.
                               h. A comprehensive report detailing the
                                ways to improve efficiency, the cost of
                                specific improvements, benefits, and the
                                time frame for recouping those
                                investments.
5. An existing or new boiler   a. You must operate all CMS during
 or process heater subject to   startup.
 emission limits in Table 1
 or 2 or 11 through 13 to
 this subpart during startup.
                               b. For startup of a boiler or process
                                heater, you must use one or a
                                combination of the following clean
                                fuels: Natural gas, synthetic natural
                                gas, propane, other Gas 1 fuels,
                                distillate oil, syngas, ultra-low sulfur
                                diesel, fuel oil-soaked rags, kerosene,
                                hydrogen, paper, cardboard, refinery
                                gas, liquefied petroleum gas, and any
                                fuels meeting the appropriate HCl,
                                mercury and TSM emission standards by
                                fuel analysis.
                               c. You have the option of complying using
                                either of the following work practice
                                standards.
                               (1) If you start firing coal/solid fossil
                                fuel, biomass/bio-based solids, heavy
                                liquid fuel, or gas 2 (other) gases, you
                                must vent emissions to the main stack(s)
                                and engage all of the applicable control
                                devices except limestone injection in
                                fluidized bed combustion (FBC) boilers,
                                dry scrubber, fabric filter, selective
                                non-catalytic reduction (SNCR), and
                                selective catalytic reduction (SCR). You
                                must start your limestone injection in
                                FBC boilers, dry scrubber, fabric
                                filter, SNCR, and SCR systems as
                                expeditiously as possible. Startup ends
                                when steam or heat is supplied for any
                                purpose, OR
                               (2) If you choose to comply using
                                definition (2) of ``startup'' in Sec.
                                63.7575, once you start firing (i.e.,
                                feeding) coal/solid fossil fuel, biomass/
                                bio-based solids, heavy liquid fuel, or
                                gas 2 (other) gases, you must vent
                                emissions to the main stack(s) and
                                engage all of the applicable control
                                devices so as to comply with the
                                emission limits within 4 hours of start
                                of supplying useful thermal energy. You
                                must effect PM control within one hour
                                of first firing coal/solid fossil fuel,
                                biomass/bio-based solids, heavy liquid
                                fuel, or gas 2 (other) gases \a\. You
                                must start all applicable control
                                devices as expeditiously as possible,
                                but, in any case, when necessary to
                                comply with other standards applicable
                                to the source by a permit limit or a
                                rule other than this subpart that
                                require operation of the control
                                devices.
                               d. You must comply with all applicable
                                emission limits at all times except
                                during startup and shutdown periods at
                                which time you must meet this work
                                practice. You must collect monitoring
                                data during periods of startup, as
                                specified in Sec.   63.7535(b). You must
                                keep records during periods of startup.
                                You must provide reports concerning
                                activities and periods of startup, as
                                specified in Sec.   63.7555.
6. An existing or new boiler   You must operate all CMS during shutdown.
 or process heater subject to   While firing coal/solid fossil fuel,
 emission limits in Tables 1    biomass/bio-based solids, heavy liquid
 or 2 or 11 through 13 to       fuel, or gas 2 (other) gases during
 this subpart during shutdown.  shutdown, you must vent emissions to the
                                main stack(s) and operate all applicable
                                control devices, except limestone
                                injection in FBC boilers, dry scrubber,
                                fabric filter, SNCR, and SCR but, in any
                                case, when necessary to comply with
                                other standards applicable to the source
                                that require operation of the control
                                device.
                               If, in addition to the fuel used prior to
                                initiation of shutdown, another fuel
                                must be used to support the shutdown
                                process, that additional fuel must be
                                one or a combination of the following
                                clean fuels: Natural gas, synthetic
                                natural gas, propane, other Gas 1 fuels,
                                distillate oil, syngas, ultra-low sulfur
                                diesel, refinery gas, and liquefied
                                petroleum gas.
                               You must comply with all applicable
                                emissions limits at all times except for
                                startup or shutdown periods conforming
                                with this work practice. You must
                                collect monitoring data during periods
                                of shutdown, as specified in Sec.
                                63.7535(b). You must keep records during
                                periods of shutdown. You must provide
                                reports concerning activities and
                                periods of shutdown, as specified in
                                Sec.   63.7555.
------------------------------------------------------------------------
\a\ The source may request a variance with the PM controls requirement.
  The source must provide evidence that (1) meeting the ``fuel firing +
  1 hour'' requirement violates manufacturer's recommended operation and/
  or safety requirements, and (2) the PM control device is appropriately
  designed and sized to meet the filterable PM emission limit.


[[Page 3121]]

0
23. Table 4 to subpart DDDDD of part 63 is revised to read as follows:

  Table 4 to Subpart DDDDD of Part 63--Operating Limits for Boilers and
                             Process Heaters
    [As stated in Sec.   63.7500, you must comply with the applicable
                           operating limits:]
------------------------------------------------------------------------
 When complying with a Table
1, 2, 11, 12, or 13 numerical   You must meet these operating limits . .
  emission limit using . . .                       .
------------------------------------------------------------------------
1. Wet PM scrubber control on  Maintain the 30-day rolling average
 a boiler or process heater     pressure drop and the 30-day rolling
 not using a PM CPMS.           average liquid flow rate at or above the
                                lowest one-hour average pressure drop
                                and the lowest one-hour average liquid
                                flow rate, respectively, measured during
                                the most recent performance test
                                demonstrating compliance with the PM
                                emission limitation according to Sec.
                                63.7530(b) and Table 7 to this subpart.
2. Wet acid gas (HCl)          Maintain the 30-day rolling average
 scrubber control on a boiler   effluent pH at or above the lowest one-
 or process heater not using    hour average pH and the 30-day rolling
 a HCl CEMS.                    average liquid flow rate at or above the
                                lowest one-hour average liquid flow rate
                                measured during the most recent
                                performance test demonstrating
                                compliance with the HCl emission
                                limitation according to Sec.
                                63.7530(b) and Table 7 to this subpart.
3. Fabric filter control on a  a. Maintain opacity to less than or equal
 boiler or process heater not   to 10 percent opacity (daily block
 using a PM CPMS.               average); or
                               b. Install and operate a bag leak
                                detection system according to Sec.
                                63.7525 and operate the fabric filter
                                such that the bag leak detection system
                                alert is not activated more than 5
                                percent of the operating time during
                                each 6-month period.
4. Electrostatic precipitator  a. This option is for boilers and process
 control on a boiler or         heaters that operate dry control systems
 process heater not using a     (i.e., an ESP without a wet scrubber).
 PM CPMS.                       Existing and new boilers and process
                                heaters must maintain opacity to less
                                than or equal to 10 percent opacity
                                (daily block average).
                               b. This option is only for boilers and
                                process heaters not subject to PM CPMS
                                or continuous compliance with an opacity
                                limit (i.e., dry ESP). Maintain the 30-
                                day rolling average total secondary
                                electric power input of the
                                electrostatic precipitator at or above
                                the operating limits established during
                                the performance test according to Sec.
                                63.7530(b) and Table 7 to this subpart.
5. Dry scrubber or carbon      Maintain the minimum sorbent or carbon
 injection control on a         injection rate as defined in Sec.
 boiler or process heater not   63.7575 of this subpart.
 using a mercury CEMS.
6. Any other add-on air        This option is for boilers and process
 pollution control type on a    heaters that operate dry control
 boiler or process heater not   systems. Existing and new boilers and
 using a PM CPMS.               process heaters must maintain opacity to
                                less than or equal to 10 percent opacity
                                (daily block average).
7. Fuel analysis.............  Maintain the fuel type or fuel mixture
                                such that the applicable emission rates
                                calculated according to Sec.
                                63.7530(c)(1), (2) and/or (3) is less
                                than the applicable emission limits.
8. Performance testing.......  For boilers and process heaters that
                                demonstrate compliance with a
                                performance test, maintain the operating
                                load of each unit such that it does not
                                exceed 110 percent of the highest hourly
                                average operating load recorded during
                                the most recent performance test.
9. Oxygen analyzer system....  For boilers and process heaters subject
                                to a CO emission limit that demonstrate
                                compliance with an O2 analyzer system as
                                specified in Sec.   63.7525(a), maintain
                                the 30-day rolling average oxygen
                                content at or above the lowest hourly
                                average oxygen concentration measured
                                during the most recent CO performance
                                test, as specified in Table 8. This
                                requirement does not apply to units that
                                install an oxygen trim system since
                                these units will set the trim system to
                                the level specified in Sec.
                                63.7525(a).
10. SO2CEMS..................  For boilers or process heaters subject to
                                an HCl emission limit that demonstrate
                                compliance with an SO2CEMS, maintain the
                                30-day rolling average SO2emission rate
                                at or below the highest hourly average
                                SO2concentration measured during the
                                most recent HCl performance test, as
                                specified in Table 8.
------------------------------------------------------------------------

0
24. Table 5 to subpart DDDDD of part 63 is amended by revising the 
heading to the third column and adding the footnote ``a'' to read as 
follows:

  Table 5 to Subpart DDDDD of Part 63--Performance Testing Requirements
    [As stated in Sec.   63.7520, you must comply with the following
 requirements for performance testing for existing, new or reconstructed
                           affected sources:]
------------------------------------------------------------------------
  To conduct a performance test
 for the following pollutant . .    You must . . .         Using, as
                .                                      appropriate . . .
------------------------------------------------------------------------
 
                                * * * * *
------------------------------------------------------------------------
\a\ Incorporated by reference, see Sec.   63.14.

0
25. Table 6 to subpart DDDDD of part 63 is revised to read as follows:

[[Page 3122]]



                         Table 6 to Subpart DDDDD of Part 63--Fuel Analysis Requirements
   [As stated in Sec.   63.7521, you must comply with the following requirements for fuel analysis testing for
 existing, new or reconstructed affected sources. However, equivalent methods (as defined in Sec.   63.7575) may
          be used in lieu of the prescribed methods at the discretion of the source owner or operator:]
----------------------------------------------------------------------------------------------------------------
To conduct a fuel  analysis for the
     following  pollutant . . .             You must . . .                          Using . . .
----------------------------------------------------------------------------------------------------------------
1. Mercury.........................  a. Collect fuel samples....  Procedure in Sec.   63.7521(c) or ASTM D5192
                                                                   \a\, or ASTM D7430 \a\, or ASTM D6883 \a\, or
                                                                   ASTM D2234/D2234M \a\ (for coal) or EPA 1631
                                                                   or EPA 1631E or ASTM D6323 \a\ (for solid),
                                                                   or EPA 821-R-01-013 (for liquid or solid), or
                                                                   ASTM D4177 \a\ (for liquid), or ASTM D4057
                                                                   \a\ (for liquid), or equivalent.
                                     b. Composite fuel samples..  Procedure in Sec.   63.7521(d) or equivalent.
                                     c. Prepare composited fuel   EPA SW-846-3050B \a\ (for solid samples), ASTM
                                      samples.                     D2013/D2013M \a\ (for coal), ASTM D5198 \a\
                                                                   (for biomass), or EPA 3050 \a\ (for solid
                                                                   fuel), or EPA 821-R-01-013 \a\ (for liquid or
                                                                   solid), or equivalent.
                                     d. Determine heat content    ASTM D5865 \a\ (for coal) or ASTM E711 \a\
                                      of the fuel type.            (for biomass), or ASTM D5864 \a\ for liquids
                                                                   and other solids, or ASTM D240 \a\ or
                                                                   equivalent.
                                     e. Determine moisture        ASTM D3173 \a\, ASTM E871 \a\, or ASTM D5864
                                      content of the fuel type.    \a\, or ASTM D240, or ASTM D95 \a\ (for
                                                                   liquid fuels), or ASTM D4006 \a\ (for liquid
                                                                   fuels), or ASTM D4177 \a\ (for liquid fuels)
                                                                   or ASTM D4057 \a\ (for liquid fuels), or
                                                                   equivalent.
                                     f. Measure mercury           ASTM D6722 \a\ (for coal), EPA SW-846-7471B
                                      concentration in fuel        \a\ (for solid samples), or EPA SW-846-7470A
                                      sample.                      \a\ (for liquid samples), or equivalent.
                                     g. Convert concentration     Equation 8 in Sec.   63.7530.
                                      into units of pounds of
                                      mercury per MMBtu of heat
                                      content.
2. HCl.............................  a. Collect fuel samples....  Procedure in Sec.   63.7521(c) or ASTM D5192
                                                                   \a\, or ASTM D7430 \a\, or ASTM D6883 \a\, or
                                                                   ASTM D2234/D2234M \a\ (for coal) or ASTM
                                                                   D6323 \a\ (for coal or biomass), ASTM D4177
                                                                   \a\ (for liquid fuels) or ASTM D4057 \a\ (for
                                                                   liquid fuels), or equivalent.
                                     b. Composite fuel samples..  Procedure in Sec.   63.7521(d) or equivalent.
                                     c. Prepare composited fuel   EPA SW-846-3050B \a\ (for solid samples), ASTM
                                      samples.                     D2013/D2013M \a\ (for coal), or ASTM D5198
                                                                   \a\ (for biomass), or EPA 3050 \a\ or
                                                                   equivalent.
                                     d. Determine heat content    ASTM D5865 \a\ (for coal) or ASTM E711 \a\
                                      of the fuel type.            (for biomass), ASTM D5864, ASTM D240 \a\ or
                                                                   equivalent.
                                     e. Determine moisture        ASTM D3173 \a\ or ASTM E871 \a\, or D5864 \a\,
                                      content of the fuel type.    or ASTM D240 \a\, or ASTM D95 \a\ (for liquid
                                                                   fuels), or ASTM D4006 \a\ (for liquid fuels),
                                                                   or ASTM D4177 \a\ (for liquid fuels) or ASTM
                                                                   D4057 \a\ (for liquid fuels) or equivalent.
                                     f. Measure chlorine          EPA SW-846-9250 \a\, ASTM D6721 \a\, ASTM
                                      concentration in fuel        D4208 \a\ (for coal), or EPA SW-846-5050 \a\
                                      sample.                      or ASTM E776 \a\ (for solid fuel), or EPA SW-
                                                                   846-9056 \a\ or SW-846-9076 \a\ (for solids
                                                                   or liquids) or equivalent.
                                     g. Convert concentrations    Equation 7 in Sec.   63.7530.
                                      into units of pounds of
                                      HCl per MMBtu of heat
                                      content.
3. Mercury Fuel Specification for    a. Measure mercury           Method 30B (M30B) at 40 CFR part 60, appendix
 other gas 1 fuels.                   concentration in the fuel    A-8 of this chapter or ASTM D5954 \a\, ASTM
                                      sample and convert to        D6350 \a\, ISO 6978-1:2003(E) \a\, or ISO
                                      units of micrograms per      6978-2:2003(E) \a\, or EPA-1631 \a\ or
                                      cubic meter, or.             equivalent.
                                     b. Measure mercury           Method 29, 30A, or 30B (M29, M30A, or M30B) at
                                      concentration in the         40 CFR part 60, appendix A-8 of this chapter
                                      exhaust gas when firing      or Method 101A or Method 102 at 40 CFR part
                                      only the other gas 1 fuel    61, appendix B of this chapter, or ASTM
                                      is fired in the boiler or    Method D6784 \a\ or equivalent.
                                      process heater.
4. TSM.............................  a. Collect fuel samples....  Procedure in Sec.   63.7521(c) or ASTM D5192
                                                                   \a\, or ASTM D7430 \a\, or ASTM D6883 \a\, or
                                                                   ASTM D2234/D2234M \a\ (for coal) or ASTM
                                                                   D6323 \a\ (for coal or biomass), or ASTM
                                                                   D4177 \a\, (for liquid fuels)or ASTM D4057
                                                                   \a\ (for liquid fuels), or equivalent.
                                     b. Composite fuel samples..  Procedure in Sec.   63.7521(d) or equivalent.
                                     c. Prepare composited fuel   EPA SW-846-3050B \a\ (for solid samples), ASTM
                                      samples.                     D2013/D2013M \a\ (for coal), ASTM D5198 \a\
                                                                   or TAPPI T266 \a\ (for biomass), or EPA 3050
                                                                   \a\ or equivalent.
                                     d. Determine heat content    ASTM D5865 \a\ (for coal) or ASTM E711 \a\
                                      of the fuel type.            (for biomass), or ASTM D5864 \a\ for liquids
                                                                   and other solids, or ASTM D240 \a\ or
                                                                   equivalent.
                                     e. Determine moisture        ASTM D3173 \a\ or ASTM E871 \a\, or D5864, or
                                      content of the fuel type.    ASTM D240 \a\, or ASTM D95 \a\ (for liquid
                                                                   fuels), or ASTM D4006 \a\ (for liquid fuels),
                                                                   or ASTM D4177 \a\ (for liquid fuels) or ASTM
                                                                   D4057 \a\ (for liquid fuels), or equivalent.
                                     f. Measure TSM               ASTM D3683 \a\, or ASTM D4606 \a\, or ASTM
                                      concentration in fuel        D6357 \a\ or EPA 200.8 \a\ or EPA SW-846-6020
                                      sample.                      \a\, or EPA SW-846-6020A \a\, or EPA SW-846-
                                                                   6010C \a\, EPA 7060 \a\ or EPA 7060A \a\ (for
                                                                   arsenic only), or EPA SW-846-7740\a\ (for
                                                                   selenium only).
                                     g. Convert concentrations    Equation 9 in Sec.   63.7530.
                                      into units of pounds of
                                      TSM per MMBtu of heat
                                      content.
----------------------------------------------------------------------------------------------------------------
\a\ Incorporated by reference, see Sec.   63.14.


[[Page 3123]]

0
26. Table 7 to subpart DDDDD of part 63 is revised to read as follows:

                       Table 7 to Subpart DDDDD of Part 63--Establishing Operating Limits
    [As stated in Sec.   63.7520, you must comply with the following requirements for establishing operating
                                                    limits:]
----------------------------------------------------------------------------------------------------------------
                                   And your
  If you have an applicable       operating                                                   According to the
   emission limit for . . .       limits are       You must . . .          Using . . .            following
                                based on . . .                                                  requirements
----------------------------------------------------------------------------------------------------------------
1. PM, TSM, or mercury.......  a. Wet scrubber  i. Establish a site-  (1) Data from the     (a) You must collect
                                operating        specific minimum      scrubber pressure     scrubber pressure
                                parameters.      scrubber pressure     drop and liquid       drop and liquid
                                                 drop and minimum      flow rate monitors    flow rate data
                                                 flow rate operating   and the PM, TSM, or   every 15 minutes
                                                 limit according to    mercury performance   during the entire
                                                 Sec.   63.7530(b).    test.                 period of the
                                                                                             performance tests.
                                                                                            (b) Determine the
                                                                                             lowest hourly
                                                                                             average scrubber
                                                                                             pressure drop and
                                                                                             liquid flow rate by
                                                                                             computing the
                                                                                             hourly averages
                                                                                             using all of the 15-
                                                                                             minute readings
                                                                                             taken during each
                                                                                             performance test.
                               b.               i. Establish a site-  (1) Data from the     (a) You must collect
                                Electrostatic    specific minimum      voltage and           secondary voltage
                                precipitator     total secondary       secondary amperage    and secondary
                                operating        electric power        monitors during the   amperage for each
                                parameters       input according to    PM or mercury         ESP cell and
                                (option only     Sec.   63.7530(b).    performance test.     calculate total
                                for units that                                               secondary electric
                                operate wet                                                  power input data
                                scrubbers).                                                  every 15 minutes
                                                                                             during the entire
                                                                                             period of the
                                                                                             performance tests.
                                                                                            (b) Determine the
                                                                                             average total
                                                                                             secondary electric
                                                                                             power input by
                                                                                             computing the
                                                                                             hourly averages
                                                                                             using all of the 15-
                                                                                             minute readings
                                                                                             taken during each
                                                                                             performance test.
2. HCl.......................  a. Wet scrubber  i. Establish site-    (1) Data from the pH  (a) You must collect
                                operating        specific minimum      and liquid flow-      pH and liquid flow-
                                parameters.      effluent pH and       rate monitors and     rate data every 15
                                                 flow rate operating   the HCl performance   minutes during the
                                                 limits according to   test.                 entire period of
                                                 Sec.   63.7530(b).                          the performance
                                                                                             tests.
                                                                                            (b) Determine the
                                                                                             hourly average pH
                                                                                             and liquid flow
                                                                                             rate by computing
                                                                                             the hourly averages
                                                                                             using all of the 15-
                                                                                             minute readings
                                                                                             taken during each
                                                                                             performance test.
                               b. Dry scrubber  i. Establish a site-  (1) Data from the     (a) You must collect
                                operating        specific minimum      sorbent injection     sorbent injection
                                parameters.      sorbent injection     rate monitors and     rate data every 15
                                                 rate operating        HCl or mercury        minutes during the
                                                 limit according to    performance test.     entire period of
                                                 Sec.   63.7530(b).                          the performance
                                                 If different acid                           tests.
                                                 gas sorbents are
                                                 used during the HCl
                                                 performance test,
                                                 the average value
                                                 for each sorbent
                                                 becomes the site-
                                                 specific operating
                                                 limit for that
                                                 sorbent.
                                                                                            (b) Determine the
                                                                                             hourly average
                                                                                             sorbent injection
                                                                                             rate by computing
                                                                                             the hourly averages
                                                                                             using all of the 15-
                                                                                             minute readings
                                                                                             taken during each
                                                                                             performance test.
                                                                                            (c) Determine the
                                                                                             lowest hourly
                                                                                             average of the
                                                                                             three test run
                                                                                             averages
                                                                                             established during
                                                                                             the performance
                                                                                             test as your
                                                                                             operating limit.
                                                                                             When your unit
                                                                                             operates at lower
                                                                                             loads, multiply
                                                                                             your sorbent
                                                                                             injection rate by
                                                                                             the load fraction,
                                                                                             as defined in Sec.
                                                                                              63.7575, to
                                                                                             determine the
                                                                                             required injection
                                                                                             rate.
                               c. Alternative   i. Establish a site-  (1) Data from SO2     (a) You must collect
                                Maximum SO2      specific maximum      CEMS and the HCl      the SO2 emissions
                                emission rate.   SO2 emission rate     performance test.     data according to
                                                 operating limit                             Sec.   63.7525(m)
                                                 according to Sec.                           during the most
                                                 63.7530(b).                                 recent HCl
                                                                                             performance tests.

[[Page 3124]]

 
                                                                                            (b) The maximum SO2
                                                                                             emission rate is
                                                                                             equal to the
                                                                                             highest hourly
                                                                                             average SO2
                                                                                             emission rate
                                                                                             measured during the
                                                                                             most recent HCl
                                                                                             performance tests.
3. Mercury...................  a. Activated     i. Establish a site-  (1) Data from the     (a) You must collect
                                carbon           specific minimum      activated carbon      activated carbon
                                injection.       activated carbon      rate monitors and     injection rate data
                                                 injection rate        mercury performance   every 15 minutes
                                                 operating limit       test.                 during the entire
                                                 according to Sec.                           period of the
                                                 63.7530(b).                                 performance tests.
                                                                                            (b) Determine the
                                                                                             hourly average
                                                                                             activated carbon
                                                                                             injection rate by
                                                                                             computing the
                                                                                             hourly averages
                                                                                             using all of the 15-
                                                                                             minute readings
                                                                                             taken during each
                                                                                             performance test.
                                                                                            (c) Determine the
                                                                                             lowest hourly
                                                                                             average established
                                                                                             during the
                                                                                             performance test as
                                                                                             your operating
                                                                                             limit. When your
                                                                                             unit operates at
                                                                                             lower loads,
                                                                                             multiply your
                                                                                             activated carbon
                                                                                             injection rate by
                                                                                             the load fraction,
                                                                                             as defined in Sec.
                                                                                              63.7575, to
                                                                                             determine the
                                                                                             required injection
                                                                                             rate.
4. Carbon monoxide for which   a. Oxygen......  i. Establish a unit-  (1) Data from the     (a) You must collect
 compliance is demonstrated                      specific limit for    oxygen analyzer       oxygen data every
 by a performance test.                          minimum oxygen        system specified in   15 minutes during
                                                 level according to    Sec.   63.7525(a).    the entire period
                                                 Sec.   63.7530(b).                          of the performance
                                                                                             tests.
                                                                                            (b) Determine the
                                                                                             hourly average
                                                                                             oxygen
                                                                                             concentration by
                                                                                             computing the
                                                                                             hourly averages
                                                                                             using all of the 15-
                                                                                             minute readings
                                                                                             taken during each
                                                                                             performance test.
                                                                                            (c) Determine the
                                                                                             lowest hourly
                                                                                             average established
                                                                                             during the
                                                                                             performance test as
                                                                                             your minimum
                                                                                             operating limit.
5. Any pollutant for which     a. Boiler or     i. Establish a unit   (1) Data from the     (a) You must collect
 compliance is demonstrated     process heater   specific limit for    operating load        operating load or
 by a performance test.         operating load.  maximum operating     monitors or from      steam generation
                                                 load according to     steam generation      data every 15
                                                 Sec.   63.7520(c).    monitors.             minutes during the
                                                                                             entire period of
                                                                                             the performance
                                                                                             test.
                                                                                            (b) Determine the
                                                                                             average operating
                                                                                             load by computing
                                                                                             the hourly averages
                                                                                             using all of the 15-
                                                                                             minute readings
                                                                                             taken during each
                                                                                             performance test.
                                                                                            (c) Determine the
                                                                                             average of the
                                                                                             three test run
                                                                                             averages during the
                                                                                             performance test,
                                                                                             and multiply this
                                                                                             by 1.1 (110
                                                                                             percent) as your
                                                                                             operating limit.
----------------------------------------------------------------------------------------------------------------

0
27. Table 8 to subpart DDDDD of part 63 is amended by revising the 
entry for ``3,'' ``9,'' ``10,'' and ``11'' to read as follows:

[[Page 3125]]



Table 8 to Subpart DDDDD of Part 63--Demonstrating Continuous Compliance
 [As stated in Sec.   63.7540, you must show continuous compliance with
 the emission limitations for each boiler or process heater according to
                             the following:]
------------------------------------------------------------------------
     If you must meet the
following operating limits or       You must demonstrate continuous
work practice standards . . .             compliance by . . .
------------------------------------------------------------------------
 
                                * * * * *
3. Fabric Filter Bag Leak      Installing and operating a bag leak
 Detection Operation.           detection system according to Sec.
                                63.7525 and operating the fabric filter
                                such that the requirements in Sec.
                                63.7540(a)(7) are met.
 
                                * * * * *
9. Oxygen content............  a. Continuously monitor the oxygen
                                content using an oxygen analyzer system
                                according to Sec.   63.7525(a). This
                                requirement does not apply to units that
                                install an oxygen trim system since
                                these units will set the trim system to
                                the level specified in Sec.
                                63.7525(a)(7).
                               b. Reducing the data to 30-day rolling
                                averages; and
                               c. Maintain the 30-day rolling average
                                oxygen content at or above the lowest
                                hourly average oxygen level measured
                                during the most recent CO performance
                                test.
10. Boiler or process heater   a. Collecting operating load data or
 operating load.                steam generation data every 15 minutes.
                               b. Reducing the data to 30-day rolling
                                averages; and
                               b. Maintaining the 30-day rolling average
                                operating load such that it does not
                                exceed 110 percent of the highest hourly
                                average operating load recorded during
                                the most recent performance test
                                according to Sec.   63.7520(c).
11. SO2emissions using         a. Collecting the SO2CEMS output data
 SO2CEMS.                       according to Sec.   63.7525;
                               b. Reducing the data to 30-day rolling
                                averages; and
                               c. Maintaining the 30-day rolling average
                                SO2CEMS emission rate to a level at or
                                below the highest hourly SO2rate
                                measured during the most recent HCl
                                performance test according to Sec.
                                63.7530.
------------------------------------------------------------------------

0
28. Table 9 to subpart DDDDD of part 63 is revised to read as follows:

       Table 9 to Subpart DDDDD of Part 63--Reporting Requirements
    [As stated in Sec.   63.7550, you must comply with the following
                       requirements for reports:]
------------------------------------------------------------------------
                                                         You must submit
    You must submit a(n)      The report must contain .   the report . .
                                         . .                    .
------------------------------------------------------------------------
1. Compliance report........  a. Information required    Semiannually,
                               in Sec.   63.7550(c)(1)    annually,
                               through (5); and.          biennially, or
                                                          every 5 years
                                                          according to
                                                          the
                                                          requirements
                                                          in Sec.
                                                          63.7550(b).
                              b. If there are no
                               deviations from any
                               emission limitation
                               (emission limit and
                               operating limit) that
                               applies to you and there
                               are no deviations from
                               the requirements for
                               work practice standards
                               for periods of startup
                               and shutdown in Table 3
                               to this subpart that
                               apply to you, a
                               statement that there
                               were no deviations from
                               the emission limitations
                               and work practice
                               standards during the
                               reporting period. If
                               there were no periods
                               during which the CMSs,
                               including continuous
                               emissions monitoring
                               system, continuous
                               opacity monitoring
                               system, and operating
                               parameter monitoring
                               systems, were out-of-
                               control as specified in
                               Sec.   63.8(c)(7), a
                               statement that there
                               were no periods during
                               which the CMSs were out-
                               of-control during the
                               reporting period; and.
                              c. If you have a
                               deviation from any
                               emission limitation
                               (emission limit and
                               operating limit) where
                               you are not using a CMS
                               to comply with that
                               emission limit or
                               operating limit, or a
                               deviation from a work
                               practice standard for
                               periods of startup and
                               shutdown, during the
                               reporting period, the
                               report must contain the
                               information in Sec.
                               63.7550(d); and.
                              d. If there were periods
                               during which the CMSs,
                               including continuous
                               emissions monitoring
                               system, continuous
                               opacity monitoring
                               system, and operating
                               parameter monitoring
                               systems, were out-of-
                               control as specified in
                               Sec.   63.8(c)(7), or
                               otherwise not operating,
                               the report must contain
                               the information in Sec.
                                63.7550(e).
------------------------------------------------------------------------

* * * * *
0
29. Table 11 to subpart DDDDD of part 63 is revised to read as follows:

[[Page 3126]]



 Table 11 to Subpart DDDDD of Part 63--Alternative Emission Limits for New or Reconstructed Boilers and Process
        Heaters That Commenced Construction or Reconstruction After June 4, 2010, and Before May 20, 2011
----------------------------------------------------------------------------------------------------------------
                                                                 The emissions must not
                                                                  exceed the following
 If your boiler or process heater is      For the following     emission limits, except    Using this specified
      in this subcategory . . .            pollutants . . .        during periods of     sampling volume or test
                                                                 startup and shutdown .     run duration . . .
                                                                          . .
----------------------------------------------------------------------------------------------------------------
1. Units in all subcategories          a. HCl.................  0.022 lb per MMBtu of    For M26A, collect a
 designed to burn solid fuel.                                    heat input.              minimum of 1 dscm per
                                                                                          run; for M26 collect a
                                                                                          minimum of 120 liters
                                                                                          per run.
2. Units in all subcategories          a. Mercury.............  8.0E-07 \a\ lb per       For M29, collect a
 designed to burn solid fuel that                                MMBtu of heat input.     minimum of 4 dscm per
 combust at least 10 percent biomass/                                                     run; for M30A or M30B,
 bio-based solids on an annual heat                                                       collect a minimum
 input basis and less than 10 percent                                                     sample as specified in
 coal/solid fossil fuels on an annual                                                     the method; for ASTM
 heat input basis.                                                                        D6784 \b\ collect a
                                                                                          minimum of 4 dscm.
3. Units in all subcategories          a. Mercury.............  2.0E-06 lb per MMBtu of  For M29, collect a
 designed to burn solid fuel that                                heat input.              minimum of 4 dscm per
 combust at least 10 percent coal/                                                        run; for M30A or M30B,
 solid fossil fuels on an annual heat                                                     collect a minimum
 input basis and less than 10 percent                                                     sample as specified in
 biomass/bio-based solids on an                                                           the method; for ASTM
 annual heat input basis.                                                                 D6784 \b\ collect a
                                                                                          minimum of 4 dscm.
4. Units design to burn coal/solid     a. Filterable PM (or     1.1E-03 lb per MMBtu of  Collect a minimum of 3
 fossil fuel.                           TSM).                    heat input; or (2.3E-    dscm per run.
                                                                 05 lb per MMBtu of
                                                                 heat input).
5. Pulverized coal boilers designed    a. Carbon monoxide (CO)  130 ppm by volume on a   1 hr minimum sampling
 to burn coal/solid fossil fuel.        (or CEMS).               dry basis corrected to   time.
                                                                 3 percent oxygen, 3-
                                                                 run average; or (320
                                                                 ppm by volume on a dry
                                                                 basis corrected to 3
                                                                 percent oxygen \c\, 30-
                                                                 day rolling average).
6. Stokers designed to burn coal/      a. CO (or CEMS)........  130 ppm by volume on a   1 hr minimum sampling
 solid fossil fuel.                                              dry basis corrected to   time.
                                                                 3 percent oxygen, 3-
                                                                 run average; or (340
                                                                 ppm by volume on a dry
                                                                 basis corrected to 3
                                                                 percent oxygen \c\, 10-
                                                                 day rolling average).
7. Fluidized bed units designed to     a. CO (or CEMS)........  130 ppm by volume on a   1 hr minimum sampling
 burn coal/solid fossil fuel.                                    dry basis corrected to   time
                                                                 3 percent oxygen, 3-
                                                                 run average; or (230
                                                                 ppm by volume on a dry
                                                                 basis corrected to 3
                                                                 percent oxygen \c\, 30-
                                                                 day rolling average).
8. Fluidized bed units with an         a. CO (or CEMS)........  140 ppm by volume on a   1 hr minimum sampling
 integrated heat exchanger designed                              dry basis corrected to   time.
 to burn coal/solid fossil fuel.                                 3 percent oxygen, 3-
                                                                 run average; or (150
                                                                 ppm by volume on a dry
                                                                 basis corrected to 3
                                                                 percent oxygen \c\, 30-
                                                                 day rolling average).
9. Stokers/sloped grate/others         a. CO (or CEMS)........  620 ppm by volume on a   1 hr minimum sampling
 designed to burn wet biomass fuel.                              dry basis corrected to   time.
                                                                 3 percent oxygen, 3-
                                                                 run average; or (390
                                                                 ppm by volume on a dry
                                                                 basis corrected to 3
                                                                 percent oxygen \c\, 30-
                                                                 day rolling average).
                                       b. Filterable PM (or     3.0E-02 lb per MMBtu of  Collect a minimum of 2
                                        TSM).                    heat input; or (2.6E-    dscm per run.
                                                                 05 lb per MMBtu of
                                                                 heat input).
10. Stokers/sloped grate/others        a. CO..................  560 ppm by volume on a   1 hr minimum sampling
 designed to burn kiln-dried biomass                             dry basis corrected to   time.
 fuel.                                                           3 percent oxygen.
                                       b. Filterable PM (or     3.0E-02 lb per MMBtu of  Collect a minimum of 2
                                        TSM).                    heat input; or (4.0E-    dscm per run.
                                                                 03 lb per MMBtu of
                                                                 heat input).

[[Page 3127]]

 
11. Fluidized bed units designed to    a. CO (or CEMS)........  230 ppm by volume on a   1 hr minimum sampling
 burn biomass/bio-based solids.                                  dry basis corrected to   time.
                                                                 3 percent oxygen, 3-
                                                                 run average; or (310
                                                                 ppm by volume on a dry
                                                                 basis corrected to 3
                                                                 percent oxygen \c\, 30-
                                                                 day rolling average).
                                       b. Filterable PM (or     9.8E-03 lb per MMBtu of  Collect a minimum of 3
                                        TSM).                    heat input; or (8.3E-    dscm per run.
                                                                 05 \a\ lb per MMBtu of
                                                                 heat input).
12. Suspension burners designed to     a. CO (or CEMS)........  2,400 ppm by volume on   1 hr minimum sampling
 burn biomass/bio-based solids.                                  a dry basis corrected    time.
                                                                 to 3 percent oxygen, 3-
                                                                 run average; or (2,000
                                                                 ppm by volume on a dry
                                                                 basis corrected to 3
                                                                 percent oxygen \c\, 10-
                                                                 day rolling average).
                                       b. Filterable PM (or     3.0E-02 lb per MMBtu of  Collect a minimum of 2
                                        TSM).                    heat input; or (6.5E-    dscm per run.
                                                                 03 lb per MMBtu of
                                                                 heat input).
13. Dutch Ovens/Pile burners designed  a. CO (or CEMS)........  1,010 ppm by volume on   1 hr minimum sampling
 to burn biomass/bio-based solids.                               a dry basis corrected    time.
                                                                 to 3 percent oxygen, 3-
                                                                 run average; or (520
                                                                 ppm by volume on a dry
                                                                 basis corrected to 3
                                                                 percent oxygen \c\, 10-
                                                                 day rolling average).
                                       b. Filterable PM (or     8.0E-03 lb per MMBtu of  Collect a minimum of 3
                                        TSM).                    heat input; or (3.9E-    dscm per run.
                                                                 05 lb per MMBtu of
                                                                 heat input).
14. Fuel cell units designed to burn   a. CO..................  910 ppm by volume on a   1 hr minimum sampling
 biomass/bio-based solids.                                       dry basis corrected to   time.
                                                                 3 percent oxygen.
                                       b. Filterable PM (or     2.0E-02 lb per MMBtu of  Collect a minimum of 2
                                        TSM).                    heat input; or (2.9E-    dscm per run.
                                                                 05 lb per MMBtu of
                                                                 heat input).
15. Hybrid suspension grate boiler     a. CO (or CEMS)........  1,100 ppm by volume on   1 hr minimum sampling
 designed to burn biomass/bio-based                              a dry basis corrected    time.
 solids.                                                         to 3 percent oxygen, 3-
                                                                 run average; or (900
                                                                 ppm by volume on a dry
                                                                 basis corrected to 3
                                                                 percent oxygen \c\, 30-
                                                                 day rolling average).
                                       b. Filterable PM (or     2.6E-02 lb per MMBtu of  Collect a minimum of 3
                                        TSM).                    heat input; or (4.4E-    dscm per run.
                                                                 04 lb per MMBtu of
                                                                 heat input).
16. Units designed to burn liquid      a. HCl.................  4.4E-04 lb per MMBtu of  For M26A: Collect a
 fuel.                                                           heat input.              minimum of 2 dscm per
                                                                                          run; for M26, collect
                                                                                          a minimum of 240
                                                                                          liters per run.
                                       b. Mercury.............  4.8E-07 \a\ lb per       For M29, collect a
                                                                 MMBtu of heat input.     minimum of 4 dscm per
                                                                                          run; for M30A or M30B,
                                                                                          collect a minimum
                                                                                          sample as specified in
                                                                                          the method; for ASTM
                                                                                          D6784 \b\ collect a
                                                                                          minimum of 4 dscm.
17. Units designed to burn heavy       a. CO..................  130 ppm by volume on a   1 hr minimum sampling
 liquid fuel.                                                    dry basis corrected to   time.
                                                                 3 percent oxygen, 3-
                                                                 run average.
                                       b. Filterable PM (or     1.3E-02 lb per MMBtu of  Collect a minimum of 3
                                        TSM).                    heat input; or (7.5E-    dscm per run.
                                                                 05 lb per MMBtu of
                                                                 heat input).
18. Units designed to burn light       a. CO..................  130 ppm by volume on a   1 hr minimum sampling
 liquid fuel.                                                    dry basis corrected to   time.
                                                                 3 percent oxygen.
                                       b. Filterable PM (or     2.0E-03 \a\ lb per       Collect a minimum of 3
                                        TSM).                    MMBtu of heat input;     dscm per run.
                                                                 or (2.9E-05 lb per
                                                                 MMBtu of heat input).

[[Page 3128]]

 
19. Units designed to burn liquid      a. CO..................  130 ppm by volume on a   1 hr minimum sampling
 fuel that are non-continental units.                            dry basis corrected to   time.
                                                                 3 percent oxygen, 3-
                                                                 run average based on
                                                                 stack test.
                                       b. Filterable PM (or     2.3E-02 lb per MMBtu of  Collect a minimum of 4
                                        TSM).                    heat input; or (8.6E-    dscm per run.
                                                                 04 lb per MMBtu of
                                                                 heat input).
20. Units designed to burn gas 2       a. CO..................  130 ppm by volume on a   1 hr minimum sampling
 (other) gases.                                                  dry basis corrected to   time.
                                                                 3 percent oxygen.
                                       b. HCl.................  1.7E-03 lb per MMBtu of  For M26A, Collect a
                                                                 heat input.              minimum of 2 dscm per
                                                                                          run; for M26, collect
                                                                                          a minimum of 240
                                                                                          liters per run.
                                       c. Mercury.............  7.9E-06 lb per MMBtu of  For M29, collect a
                                                                 heat input.              minimum of 3 dscm per
                                                                                          run; for M30A or M30B,
                                                                                          collect a minimum
                                                                                          sample as specified in
                                                                                          the method; for ASTM
                                                                                          D6784 \b\ collect a
                                                                                          minimum of 3 dscm.
                                       d. Filterable PM (or     6.7E-03 lb per MMBtu of  Collect a minimum of 3
                                        TSM).                    heat input; or (2.1E-    dscm per run.
                                                                 04 lb per MMBtu of
                                                                 heat input).
----------------------------------------------------------------------------------------------------------------
\a\ If you are conducting stack tests to demonstrate compliance and your performance tests for this pollutant
  for at least 2 consecutive years show that your emissions are at or below this limit, you can skip testing
  according to Sec.   63.7515 if all of the other provision of Sec.   63.7515 are met. For all other pollutants
  that do not contain a footnote ``a'', your performance tests for this pollutant for at least 2 consecutive
  years must show that your emissions are at or below 75 percent of this limit in order to qualify for skip
  testing.
\b\ Incorporated by reference, see Sec.   63.14.
\c\ An owner or operator may request that compliance with the carbon monoxide emission limit be determined using
  carbon dioxide measurements corrected to an equivalent of 3 percent oxygen. The relationship between oxygen
  and carbon dioxide levels for the affected facility shall be established during the initial compliance test.

0
29. Table 12 to subpart DDDDD of part 63 is revised to read as follows:

 Table 12 to Subpart DDDDD of Part 63--Alternative Emission Limits for New or Reconstructed Boilers and Process
     Heaters That Commenced Construction or Reconstruction After May 20, 2011, and Before December 23, 2011
----------------------------------------------------------------------------------------------------------------
                                                             The emissions must not
                                                              exceed the following        Using this specified
 If your boiler or process heater     For the following      emission limits, except    sampling volume or test
   is in this subcategory . . .        pollutants . . .     during periods of startup      run duration . . .
                                                               and shutdown . . .
----------------------------------------------------------------------------------------------------------------
1. Units in all subcategories       a. HCl...............  0.022 lb per MMBtu of heat  For M26A, collect a
 designed to burn solid fuel.                               input.                      minimum of 1 dscm per
                                                                                        run; for M26 collect a
                                                                                        minimum of 120 liters
                                                                                        per run.
                                    b. Mercury...........  3.5E-06 \a\ lb per MMBtu    For M29, collect a
                                                            of heat input.              minimum of 3 dscm per
                                                                                        run; for M30A or M30B,
                                                                                        collect a minimum sample
                                                                                        as specified in the
                                                                                        method; for ASTM D6784
                                                                                        \b\ collect a minimum of
                                                                                        3 dscm.
2. Units design to burn coal/solid  a. Filterable PM (or   1.1E-03 lb per MMBtu of     Collect a minimum of 3
 fossil fuel.                        TSM).                  heat input; or (2.3E-05     dscm per run.
                                                            lb per MMBtu of heat
                                                            input).
3. Pulverized coal boilers          a. Carbon monoxide     130 ppm by volume on a dry  1 hr minimum sampling
 designed to burn coal/solid         (CO) (or CEMS)         basis corrected to 3        time.
 fossil fuel.                                               percent oxygen, 3-run
                                                            average; or (320 ppm by
                                                            volume on a dry basis
                                                            corrected to 3 percent
                                                            oxygen \c\, 30-day
                                                            rolling average)
4. Stokers designed to burn coal/   a. CO (or CEMS)......  130 ppm by volume on a dry  1 hr minimum sampling
 solid fossil fuel.                                         basis corrected to 3        time.
                                                            percent oxygen, 3-run
                                                            average; or (340 ppm by
                                                            volume on a dry basis
                                                            corrected to 3 percent
                                                            oxygen \c\, 10-day
                                                            rolling average)

[[Page 3129]]

 
5. Fluidized bed units designed to  a. CO (or CEMS)......  130 ppm by volume on a dry  1 hr minimum sampling
 burn coal/solid fossil fuel.                               basis corrected to 3        time.
                                                            percent oxygen, 3-run
                                                            average; or (230 ppm by
                                                            volume on a dry basis
                                                            corrected to 3 percent
                                                            oxygen \c\, 30-day
                                                            rolling average)
6. Fluidized bed units with an      a. CO (or CEMS)......  140 ppm by volume on a dry  1 hr minimum sampling
 integrated heat exchanger                                  basis corrected to 3        time.
 designed to burn coal/solid                                percent oxygen, 3-run
 fossil fuel.                                               average; or (150 ppm by
                                                            volume on a dry basis
                                                            corrected to 3 percent
                                                            oxygen \c\, 30-day
                                                            rolling average)
7. Stokers/sloped grate/others      a. CO (or CEMS)......  620 ppm by volume on a dry  1 hr minimum sampling
 designed to burn wet biomass fuel.                         basis corrected to 3        time.
                                                            percent oxygen, 3-run
                                                            average; or (390 ppm by
                                                            volume on a dry basis
                                                            corrected to 3 percent
                                                            oxygen \c\, 30-day
                                                            rolling average)
                                    b. Filterable PM (or   3.0E-02 lb per MMBtu of     Collect a minimum of 2
                                     TSM).                  heat input; or (2.6E-05     dscm per run.
                                                            lb per MMBtu of heat
                                                            input)
8. Stokers/sloped grate/others      a. CO................  460 ppm by volume on a dry  1 hr minimum sampling
 designed to burn kiln-dried                                basis corrected to 3        time.
 biomass fuel.                                              percent oxygen
                                    b. Filterable PM (or   3.0E-02 lb per MMBtu of     Collect a minimum of 2
                                     TSM).                  heat input; or (4.0E-03     dscm per run.
                                                            lb per MMBtu of heat
                                                            input)
9. Fluidized bed units designed to  a. CO (or CEMS)......  260 ppm by volume on a dry  1 hr minimum sampling
 burn biomass/bio-based solids.                             basis corrected to 3        time.
                                                            percent oxygen, 3-run
                                                            average; or (310 ppm by
                                                            volume on a dry basis
                                                            corrected to 3 percent
                                                            oxygen \c\, 30-day
                                                            rolling average)
                                    b. Filterable PM (or   9.8E-03 lb per MMBtu of     Collect a minimum of 3
                                     TSM).                  heat input; or (8.3E-05     dscm per run.
                                                            \a\ lb per MMBtu of heat
                                                            input)
10. Suspension burners designed to  a. CO (or CEMS)......  2,400 ppm by volume on a    1 hr minimum sampling
 burn biomass/bio-based solids.                             dry basis corrected to 3    time.
                                                            percent oxygen, 3-run
                                                            average; or (2,000 ppm by
                                                            volume on a dry basis
                                                            corrected to 3 percent
                                                            oxygen \c\, 10-day
                                                            rolling average)
                                    b. Filterable PM (or   3.0E-02 lb per MMBtu of     Collect a minimum of 2
                                     TSM).                  heat input; or (6.5E-03     dscm per run.
                                                            lb per MMBtu of heat
                                                            input)
11. Dutch Ovens/Pile burners        a. CO (or CEMS)......  470 ppm by volume on a dry  1 hr minimum sampling
 designed to burn biomass/bio-                              basis corrected to 3        time.
 based solids.                                              percent oxygen, 3-run
                                                            average; or (520 ppm by
                                                            volume on a dry basis
                                                            corrected to 3 percent
                                                            oxygen \c\, 10-day
                                                            rolling average)
                                    b. Filterable PM (or   3.2E-03 lb per MMBtu of     Collect a minimum of 3
                                     TSM).                  heat input; or (3.9E-05     dscm per run.
                                                            lb per MMBtu of heat
                                                            input)
12. Fuel cell units designed to     a. CO................  910 ppm by volume on a dry  1 hr minimum sampling
 burn biomass/bio-based solids.                             basis corrected to 3        time.
                                                            percent oxygen
                                    b. Filterable PM (or   2.0E-02 lb per MMBtu of     Collect a minimum of 2
                                     TSM).                  heat input; or (2.9E-05     dscm per run.
                                                            lb per MMBtu of heat
                                                            input)
13. Hybrid suspension grate boiler  a. CO (or CEMS)......  1,500 ppm by volume on a    1 hr minimum sampling
 designed to burn biomass/bio-                              dry basis corrected to 3    time.
 based solids.                                              percent oxygen, 3-run
                                                            average; or (900 ppm by
                                                            volume on a dry basis
                                                            corrected to 3 percent
                                                            oxygen \c\, 30-day
                                                            rolling average)
                                    b. Filterable PM (or   2.6E-02 lb per MMBtu of     Collect a minimum of 3
                                     TSM).                  heat input; or (4.4E-04     dscm per run.
                                                            lb per MMBtu of heat
                                                            input)
14. Units designed to burn liquid   a. HCl...............  4.4E-04 lb per MMBtu of     For M26A: Collect a
 fuel.                                                      heat input.                 minimum of 2 dscm per
                                                                                        run; for M26, collect a
                                                                                        minimum of 240 liters
                                                                                        per run.

[[Page 3130]]

 
                                    b. Mercury...........  4.8E-07 \a\ lb per MMBtu    For M29, collect a
                                                            of heat input.              minimum of 4 dscm per
                                                                                        run; for M30A or M30B,
                                                                                        collect a minimum sample
                                                                                        as specified in the
                                                                                        method; for ASTM D6784
                                                                                        \b\ collect a minimum of
                                                                                        4 dscm.
15. Units designed to burn heavy    a. CO................  130 ppm by volume on a dry  1 hr minimum sampling
 liquid fuel.                                               basis corrected to 3        time.
                                                            percent oxygen, 3-run
                                                            average
                                    b. Filterable PM (or   1.3E-02 lb per MMBtu of     Collect a minimum of 2
                                     TSM).                  heat input; or (7.5E-05     dscm per run.
                                                            lb per MMBtu of heat
                                                            input)
16. Units designed to burn light    a. CO................  130 ppm by volume on a dry  1 hr minimum sampling
 liquid fuel.                                               basis corrected to 3        time.
                                                            percent oxygen
                                    b. Filterable PM (or   1.3E-03 \a\ lb per MMBtu    Collect a minimum of 3
                                     TSM).                  of heat input; or (2.9E-    dscm per run.
                                                            05 lb per MMBtu of heat
                                                            input)
17. Units designed to burn liquid   a. CO................  130 ppm by volume on a dry  1 hr minimum sampling
 fuel that are non-continental                              basis corrected to 3        time.
 units                                                      percent oxygen, 3-run
                                                            average based on stack
                                                            test
                                    b. Filterable PM (or   2.3E-02 lb per MMBtu of     Collect a minimum of 4
                                     TSM).                  heat input; or (8.6E-04     dscm per run.
                                                            lb per MMBtu of heat
                                                            input)
18. Units designed to burn gas 2    a. CO................  130 ppm by volume on a dry  1 hr minimum sampling
 (other) gases.                                             basis corrected to 3        time.
                                                            percent oxygen
                                    b. HCl...............  1.7E-03 lb per MMBtu of     For M26A, Collect a
                                                            heat input.                 minimum of 2 dscm per
                                                                                        run; for M26, collect a
                                                                                        minimum of 240 liters
                                                                                        per run.
                                    c. Mercury...........  7.9E-06 lb per MMBtu of     For M29, collect a
                                                            heat input.                 minimum of 3 dscm per
                                                                                        run; for M30A or M30B,
                                                                                        collect a minimum sample
                                                                                        as specified in the
                                                                                        method; for ASTM D6784
                                                                                        \b\ collect a minimum of
                                                                                        3 dscm.
                                    d. Filterable PM (or   6.7E-03 lb per MMBtu of     Collect a minimum of 3
                                     TSM).                  heat input; or (2.1E-04     dscm per run.
                                                            lb per MMBtu of heat
                                                            input)
----------------------------------------------------------------------------------------------------------------
\a\ If you are conducting stack tests to demonstrate compliance and your performance tests for this pollutant
  for at least 2 consecutive years show that your emissions are at or below this limit, you can skip testing
  according to Sec.   63.7515 if all of the other provision of Sec.   63.7515 are met. For all other pollutants
  that do not contain a footnote ``a'', your performance tests for this pollutant for at least 2 consecutive
  years must show that your emissions are at or below 75 percent of this limit in order to qualify for skip
  testing.
\b\ Incorporated by reference, see Sec.   63.14.
\c\ An owner or operator may request that compliance with the carbon monoxide emission limit be determined using
  carbon dioxide measurements corrected to an equivalent of 3 percent oxygen. The relationship between oxygen
  and carbon dioxide levels for the affected facility shall be established during the initial compliance test.

[FR Doc. 2014-29569 Filed 1-20-15; 8:45 am]
BILLING CODE 6560-50-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>