[Federal Register Volume 80, Number 13 (Wednesday, January 21, 2015)]
[Proposed Rules]
[Pages 2871-2885]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-30388]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-HQ-OAR-2006-0790; FRL-9919-36-OAR]
RIN 2060-AS10


National Emission Standards for Hazardous Air Pollutants for Area 
Sources: Industrial, Commercial, and Institutional Boilers

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule; request for public comment.

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SUMMARY: On February 1, 2013, the Environmental Protection Agency (EPA) 
finalized amendments to the National Emission Standards for Hazardous 
Air Pollutants for Area Sources: Industrial, Commercial, and 
Institutional Boilers (Area Source Boilers Rule). Subsequently, the EPA 
received three petitions for reconsideration of the final rule. The EPA 
is announcing reconsideration of and requesting public comment on five 
issues raised in the petitions for reconsideration, as detailed in the 
SUPPLEMENTARY INFORMATION section of this document.
    In this action, the EPA is also proposing a limited number of 
technical corrections and amendments to the final rule to correct 
inadvertent errors and to clarify some applicability and implementation 
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.
    The EPA is seeking comment only on the five issues being 
reconsidered, the proposed deletion of the affirmative defense and on 
the technical corrections and amendments described in the preceding 
paragraph. The EPA will not respond to any comments addressing any 
other issues or any other provisions of the final rule.

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 to verify that a 
hearing will be held.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2006-0790, by one of the following methods:
    <bullet> www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    <bullet> Email: <a href="/cdn-cgi/l/email-protection#43226e222d276e316e272c20282637032633226d242c35"><span class="__cf_email__" data-cfemail="47266a2629236a356a2328242c22330722372669202831">[email protected]</span></a>.
    <bullet> Fax: (202) 566-1741.
    <bullet> Mail: Environmental Protection Agency, EPA Docket Center 
(EPA/DC), Mail code: 28221T, Attention Docket ID No. EPA-HQ-OAR-2006-
0790, 1200 Pennsylvania Ave. 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 (EPA/DC), Room 
3334, EPA WJC West Building, 1301 Constitution Avenue NW., Washington, 
DC 20004. 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-
2006-0790. 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

[[Page 2872]]

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#b7d0d6c5c5d2c3c399c7d6dad2dbd6f7d2c7d699d0d8c1"><span class="__cf_email__" data-cfemail="36515744445342421846575b535a577653465718515940">[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 as oral comments and supporting 
information presented at the public hearing.
    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: Ms. Mary Johnson, Energy Strategies 
Group, Sector Policies and Programs Division (D243-01), Environmental 
Protection Agency, Research Triangle Park, North Carolina 27711; 
telephone number: (919) 541-5025; facsimile number: (919) 541-5450; 
email address: <a href="/cdn-cgi/l/email-protection#49232621273a26276724283b30092c3928672e263f"><span class="__cf_email__" data-cfemail="a5cfcacdcbd6cacb8bc8c4d7dce5c0d5c48bc2cad3">[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. Definitions of Startup and Shutdown
    B. Alternative Particulate Matter Standard for New Oil-fired 
Boilers that Combust Low-sulfur Oil
    C. Establishment of a Subcategory and Separate Requirements for 
Limited-use Boilers
    D. Establishment of a Provision that Eliminates Further 
Performance Testing for Particulate Matter for Certain Boilers Based 
on their Initial Compliance Test
    E. Establishment of a Provision that Eliminates Further Fuel 
Sampling for Mercury for Certain Coal-fired Boilers Based on their 
Initial Compliance Demonstration
IV. Technical Corrections and Clarifications
V. Affirmative Defense
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 (NTTAA)
    J. Executive Order 12898: Federal Actions to Address 
Environmental Justice in Minority Populations and Low-Income 
Populations
    A red-line version of the regulatory language that incorporates 
the proposed changes in this action is available in the docket for 
this action (Docket ID No. EPA-HQ-OAR-2006-0790).

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 (CAA) 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:

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                                                  Examples of regulated
       Industry category         NAICS code \a\          entities
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Any area source facility using              321  Wood product
 a boiler as defined in the                  11   manufacturing.
 final rule.                                     Agriculture,
                                                  greenhouses.
                                            311  Food manufacturing.
                                            327  Nonmetallic mineral
                                                  product manufacturing.
                                            424  Wholesale trade,
                                                  nondurable goods.
                                            531  Real estate.

[[Page 2873]]

 
                                            611  Educational services.
                                            813  Religious, civic,
                                                  professional, and
                                                  similar organizations.
                                             92  Public administration.
                                            722  Food services and
                                                  drinking places.
                                             62  Health care and social
                                                  assistance.
                                          22111  Electric power
                                                  generation.
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\a\ 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 is regulated by this action, 
you should examine the applicability criteria in 40 CFR 63.11193 of 
subpart JJJJJJ (National Emission Standards for Hazardous Air 
Pollutants for Industrial, Commercial, and Institutional Boilers Area 
Sources). 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: Ms. Mary Johnson, c/o 
OAQPS Document Control Officer (Room C404-02), U.S. EPA, Research 
Triangle Park, NC 27711, Attention Docket ID No. EPA-HQ-OAR-2006-0790.
    Docket. The docket number for this action is Docket ID No. EPA-HQ-
OAR-2006-0790.
    World Wide Web (WWW). In addition to being available in the docket, 
an electronic copy of this document will be posted on the WWW. 
Following signature, the EPA will post a copy of this document at 
http://www.epa.gov/airquality/combustion/actions.html and http://www.epa.gov/ttn/atw/boiler/boilerpg.html.

II. Background

    The EPA finalized the Area Source Boilers Rule on March 21, 2011 
(76 FR 15554). The EPA received eight petitions for reconsideration of 
the March 2011 rulemaking. On December 23, 2011 (76 FR 80532), the EPA 
granted the petitions for reconsideration on certain issues, and 
proposed revisions to the March 2011 final rule in response to the 
reconsideration petitions and to address four issues the EPA previously 
identified in the March 21, 2011, action as warranting reconsideration.
    On February 1, 2013, the EPA promulgated amendments to the Area 
Source Boiler Rule (78 FR 7488). Following promulgation of the February 
1, 2013, final Area Source Boiler Rule, the EPA received three 
petitions for reconsideration pursuant to section 307(d)(7)(B) of the 
CAA. The EPA received a petition dated April 1, 2013, from the American 
Forest and Paper Association, on their behalf and on behalf of the 
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 EPA 
received a petition dated April 2, 2013, from the Council of Industrial 
Boiler Owners and the American Chemistry Council. Finally, the EPA 
received a petition dated April 2, 2013, from Earthjustice, on behalf 
of the Sierra Club, Clean Air Council, Partnership for Policy 
Integrity, Louisiana Environmental Action Network and Environmental 
Integrity Project. The petitions are available for review in the 
rulemaking docket (see document numbers EPA-HQ-OAR-2006-0790-2523, EPA-
HQ-OAR-2006-0790-2524 and EPA-HQ-OAR-2006-0790-2525). On August 5, 
2013, the EPA issued letters to the petitioners granting 
reconsideration on five specific issues raised in the petitions for 
reconsideration and indicating that the agency would issue a Federal 
Register notice regarding the reconsideration process. This action 
requests comment on the five issues for which the EPA granted 
reconsideration. Section III of this preamble summarizes these issues 
and discusses our proposed responses to each issue.
    We are also proposing a limited number of clarifying changes and 
corrections to the final rule. These amendments would clarify some 
applicability and implementation issues raised by stakeholders subject 
to the final rule and correct inadvertent errors promulgated in the 
final rule. Section IV of this preamble describes the clarifying 
changes and corrections and provides the rationale for these 
amendments. In addition, we are proposing to amend the final rule to 
remove the affirmative defense provisions. Section V of this preamble 
provides the rationale for the change.

III. Discussion of the Issues Under Reconsideration

    The February 1, 2013, amendments, among other things, revised the 
definitions of ``startup'' and ``shutdown.'' In addition, the 
amendments established a subcategory and separate requirements for 
certain boilers that operate on a limited basis. The amendments also 
established an alternative particulate matter (PM) standard for new 
oil-fired boilers that combust low-sulfur oil, and new monitoring 
provisions that eliminate further stack testing for PM and further fuel 
sampling for mercury (Hg) under certain circumstances based on initial 
compliance demonstrations. The EPA received petitions for 
reconsideration with respect to these specific components of the 
amendments and granted reconsideration of the following five issues on 
August 5, 2013, to provide an additional opportunity for public 
comment:
    <bullet> The definitions of startup and shutdown periods;
    <bullet> Alternative particulate matter standard for new oil-fired 
boilers that combust low-sulfur oil;
    <bullet> Establishment of a subcategory for limited-use boilers and 
the applicable standards for that subcategory;
    <bullet> Provision that eliminates further performance testing for 
particulate

[[Page 2874]]

matter for boilers whose initial compliance test shows that its 
particulate matter emissions are equal to or less than half of the 
particulate matter emission limit; and
    <bullet> Provision that eliminates fuel sampling at coal-fired 
boilers that demonstrate compliance with the mercury emission limit by 
fuel analysis based on the results of the boiler's initial compliance 
demonstration.
    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 has granted reconsideration on 
these issues in order to allow an additional opportunity for comment. 
These issues are discussed in more detail in the following sections. 
With regard to the startup and shutdown provisions, the EPA is 
proposing certain revisions to the definitions of startup and shutdown. 
The proposed revision to the definition of startup is the addition of 
an alternate definition of startup.

A. Definitions of Startup and Shutdown

    The February 1, 2013, final rule revised the definitions of 
``startup'' and ``shutdown,'' as proposed on December 23, 2011. In 
December 2011, we proposed defining ``startup'' as the period between 
the state of no combustion in the boiler to the period where the boiler 
first achieves 25-percent load (i.e., a cold start) and ``shutdown'' as 
the period that begins when a boiler last operates at 25-percent load 
and ending with a state of no fuel combustion in the boiler. A number 
of commenters indicated that the proposed load specifications (i.e., 
25-percent load) within the definitions of ``startup'' and ``shutdown'' 
were inconsistent with either safe or normal (proper) operation of the 
various types of boilers encountered within the source category. As the 
basis for defining periods of startup and shutdown, a number of 
commenters suggested alternative load specifications based on the 
specific considerations of their boilers; other commenters suggested 
the achievement of various steady-state conditions.
    We determined adjustments in the definitions of ``startup'' and 
``shutdown'' to be appropriate and, as explained in the preamble to the 
February 1, 2013, final rule, made adjustments that we believed 
addressed the comments and were appropriate based on the fact that 
industrial boilers function to provide steam or, in the case of 
cogeneration units, electricity; therefore, industrial boilers should 
be considered subject to applicable standards at all times steam 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. In the February 1, 2013, final 
rule, startup and shutdown were defined based on the time during which 
fuel is fired in a boiler for the purpose of supplying steam or heat 
for heating and/or producing electricity or for any other purpose. We 
defined startup as the period between either the first-ever firing of 
fuel in the boiler or the firing of fuel in the boiler after a shutdown 
and when the boiler first supplies steam or heat. We defined shutdown 
as the period between either when none of the steam or heat from the 
boiler is supplied or no fuel is being fired in the boiler, whichever 
is earlier, and when there is no steam and no heat being supplied and 
no fuel being fired in the boiler. The EPA received two petitions 
asserting that the public lacked an opportunity to comment on the 
amended startup and shutdown definitions.
    We are soliciting comment on the definition of startup and shutdown 
that were promulgated in the February 1, 2013, final rule, with the 
clarifying revisions explained below. We are proposing to revise the 
definitions of startup and shutdown in this reconsideration action as 
set forth in 40 CFR 63.11237. Petitioners asserted that the final 
rule's definitions of startup and shutdown were not sufficiently clear. 
Although the EPA revised the definitions of startup and shutdown 
included in the February 1, 2013, final rule, in response to comments, 
we have granted reconsideration on this issue to provide an opportunity 
for comment on those amended definitions, as well as the adjustments we 
are now proposing to make to the definitions of startup and shutdown.
1. Startup and Shutdown Periods
    Petitioners assert that the terms ``supplying'' and ``or for any 
other purpose'' in both the startup and shutdown definitions are too 
open-ended and could be read to mean that steam and heat supplied for 
uses within the boiler itself will end the startup period or delay 
onset of the shutdown period. Petitioners explain that many boilers use 
steam to drive rotating equipment such as feedwater pumps, to preheat 
feedwater and to operate de-aerators, and that some of these uses 
(e.g., operating feedwater pumps and preheating feedwater) begin in the 
early stages of starting a boiler and continue until the boiler is 
cooled down. Petitioners assert that the terms ``supplying'' and ``or 
for any other purpose'' in effect limit the use of energy during 
startup and shutdown periods and inappropriately truncate these 
periods. Petitioners state that efficient and cost-effective internal 
uses of steam and heat for operating the boiler should not be 
discouraged by definitions that necessarily limit the duration of the 
startup and shutdown periods and that may require costly retrofits to 
boilers with no commensurate environmental benefit.
2. Startup
    In addition to soliciting public comment on the definition of 
startup contained in the February 1, 2013, final rule, the EPA is 
proposing to add an alternate definition to the definition of startup 
that is in the February 1, 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 4 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 hot water) for heating, cooling, or process purposes 
or producing electricity and to clarify that startup ends 4 hours after 
when the boiler 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 February 1, 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. Under the February 1, 2013, definition of 
``startup,'' a new boiler would be considered to have started up, and 
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 a

[[Page 2875]]

newly installed unit first fires 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 
``steam and heat'' in the February 1, 2013, definition of startup with 
``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 
February 1, 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 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 
hot water that is useful thermal energy because it takes time for steam 
to be heated to adequate temperatures and pressures for beneficial use 
and we believe the appropriate criteria for ending startup in the 
definition should be when useful steam is supplied. This proposed 
change doesn't alter the 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 to define ``useful thermal energy'' as energy (i.e., steam or 
hot water) that meets the minimum operating temperature and/or pressure 
required by any energy use system that uses energy provided by the 
affected boiler.
    The EPA received two petitions for reconsideration of the 
definition of startup in the February 1, 2013, final rule. Petitioners 
assert that the amended definition of startup does not account for a 
wide range of boilers that operationally are still in startup mode even 
after some steam or heat is supplied to the plant. Petitioners assert 
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. Petitioners cite the example where a boiler 
provides steam to a lumber kiln that is starting up. The boiler must 
preheat the metal steam lines, which is necessary in cold climates 
where a rush of steam can cause the metal to expand too quickly, 
resulting in catastrophic damage. Petitioners point out 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. Petitioners explain that, according 
to equipment specifications and established safe boiler operations, a 
source operator should not engage emission controls until specific 
parameters are met.
    Petitioners state that they previously urged the EPA to revise the 
startup definition to allow facilities to determine the minimum stable 
operating load on a unit-specific basis and include the minimum stable 
operating load and the proper procedures to follow during startup and 
shutdown in a site-specific plan. Petitioners assert that the amended 
definition of startup still does not account for the broad range of 
boiler and fuel types, operational methodologies and facility demands 
placed on boilers. For this reason, petitioners continue to urge the 
EPA to adopt a startup definition that allows sources to identify 
startup periods on a site-specific and unit-specific basis. Petitioners 
assert that only with this degree of flexibility will the rule account 
for the multiple design and operational variables of the diverse boiler 
population regulated in a way that allows safe and effective operation 
with assurance of compliance with the standard.
    Petitioners express that, above all, the boiler 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 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 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 electric utility steam generating 
units (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.\1\ 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.\3\
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    \1\ See technical support document titled ``Assessment of 
Startup Period at Coal-Fired Electric Generating Units--Revised'' in 
the docket.
    \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.
    \3\ See attachments to the following Email messages included in 
the docket: Robert Bessette, CIBO, to Robert Wayland, EPA, dated May 
6, 2014; Amy Marshall, URS, to Jim Eddinger, EPA, dated June 10, 
2014; and Reynaldo Forte, EPA, to Jim Eddinger, EPA, dated May 7, 
2014.
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    The EPA is seeking comment on the definition of startup in the 
February 1, 2013, final rule, as well as this action's proposed 
revision to the February 1, 2013, definition of startup to include an 
alternate definition of startup.
3. Shutdown
    In this action, the EPA is proposing to revise the definition of 
shutdown in the February 1, 2013, final rule. Specifically, the EPA is 
proposing to clarify that shutdown begins when the boiler no longer 
makes useful thermal energy and ends when the boiler no longer makes 
useful thermal energy and no fuel is fired in the boiler. The EPA is 
also proposing to replace ``steam and heat'' in the February 1, 2013, 
definition of shutdown with ``useful thermal energy'' to address the 
same issue raised by petitioners regarding the language in the 
definition of ``startup'' described above. The EPA intended for the 
shutdown period to begin when fuel is no longer fired for the purpose 
of creating useful thermal energy.
    The EPA received one petition for reconsideration of the definition 
of

[[Page 2876]]

shutdown in the February 1, 2013, final rule. Petitioners assert that 
the amended definition of shutdown 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. Petitioners explain that, in such a case, 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 assert 
that the shutdown definition should be revised to state that shutdown 
begins either when none of the steam and heat from the boiler is 
supplied for heating and/or producing electricity or when fuel is no 
longer being fed to the boiler, and that shutdown ends when there is 
both no steam or heat being supplied and no fuel being combusted in the 
boiler.
    The EPA agrees with the petitioners that, 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. 
The EPA intended that the shutdown period would begin when fuel is no 
longer being fired for the purpose of creating useful thermal energy. 
Thus, we believe the proposed revisions to the definition of shutdown 
that address this issue are appropriate.
    The EPA is seeking comment on the February 1, 2013, definition of 
shutdown, as well as the revisions to the definition of shutdown that 
we are now proposing to make.

B. Alternative Particulate Matter Standard for New Oil-Fired Boilers 
That Combust Low-Sulfur Oil

    The February 1, 2013, final rule added a new provision that 
specifies that new or reconstructed oil-fired boilers with heat input 
capacity of 10 million Btu per hour (MMBtu/hr) or greater that combust 
only oil that contains no more than 0.50 weight percent sulfur or a 
mixture of 0.50 weight percent sulfur oil with other fuels not subject 
to a PM emission limit under this subpart and that do not use a post-
combustion technology (except a wet scrubber) to reduce PM or sulfur 
dioxide emissions meet generally available control technology (GACT) 
for PM, providing the type of fuel combusted is monitored and recorded 
on a monthly basis. After the December 23, 2011, reconsideration 
proposal, the EPA received a number of comments urging that we provide 
an exemption from the PM limit for units burning low-sulfur liquid fuel 
as is provided in subpart Dc of 40 CFR part 60 (Standards of 
Performance for Small Industrial-Commercial-Institutional Steam 
Generating Units), which is also the basis for the PM emission limit to 
which these new and reconstructed boilers are subject. Commenters 
asserted that such an exemption is justified since the low sulfur 
content indicates low PM emissions and that boilers firing low-sulfur 
liquid fuel should only be subject to a requirement to maintain records 
documenting the liquid fuel fired. We agreed that burning low-sulfur 
liquid fuel can be an alternative method of meeting GACT for PM and 
added the subpart Dc provision that would allow low-sulfur liquid fuel 
burning boilers currently complying with subpart Dc to use the same 
compliance approach to meet the Area Source Boiler Rule requirement for 
PM.
    The EPA received a petition asserting that the public lacked an 
opportunity to comment on the new provision for low-sulfur liquid fuel 
burning boilers as well as the definition of low-sulfur liquid fuel. 
Petitioners object to this alternative standard because they assert 
that the EPA has not shown that burning liquid fuels that qualify as 
being low-sulfur under the final rule will actually control the urban 
hazardous air pollutants (HAP) for which the category of sources was 
listed. Petitioners also assert that the final rule's definition of 
low-sulfur encompasses liquid fuels with extremely high sulfur content 
and will allow emissions that exceed the numerical emission limit for 
PM that the EPA determined was GACT. In addition, petitioners note that 
the final rule allows use of liquid fuel up to 0.5 percent sulfur by 
weight, which translates to about 5,000 parts per million (ppm), which 
they assert is far higher than the generally accepted definition of low 
sulfur content of 500 ppm.
    Although the EPA added the alternative PM standard for new oil-
fired boilers that combust low-sulfur oil in the February 1, 2013, 
final rule in response to comments and these comments related to a 
proposed rule provision that adopted some, but not all, of the 
provisions for PM control in 40 CFR part 60, subpart Dc, we have 
granted reconsideration on this issue to provide an opportunity for 
comment on the new provision. The EPA requests comment, along with 
supporting information, on (1) whether and, if so, to what extent 
burning liquid fuels that qualify as being low-sulfur, as defined under 
the final rule, would control the urban metal HAP for which the 
category of sources was listed and for which PM serves as a surrogate 
(i.e., Hg, arsenic, beryllium, cadmium, lead, chromium, manganese, 
nickel) and (2) whether the final rule's definition of low-sulfur would 
allow emissions that exceed the final rule's numerical emission limit 
for PM.
    The EPA also solicits comment on an alternative PM standard for new 
oil-fired boilers that combust ultra-low-sulfur liquid fuel. The 
National Emission Standards for Hazardous Air Pollutants for 
Reciprocating Internal Combustion Engines (RICE NESHAP) (78 FR 6674, 
January 30, 2013) require certain stationary emergency compression 
ignition RICE to use diesel fuel that meets the specifications of 40 
CFR 80.510(b), which require that diesel fuel have a maximum sulfur 
content of 15 ppm. This fuel is referred to as ultra-low sulfur diesel 
fuel (ULSD). The RICE NESHAP final rule notes that information provided 
to the EPA by commenters showed that the use of ULSD will significantly 
reduce emissions of air toxics, including metallic HAP (e.g., nickel, 
zinc, lead) (78 FR 6680, January 30, 2013). In addition, the National 
Emission Standards for Hazardous Air Pollutants for Major Sources: 
Industrial, Commercial, and Institutional Boilers and Process Heaters 
(Boiler maximum achievable control technology (MACT)) (78 FR 7138, 
January 31, 2013) include a provision for certain boilers or process 
heaters that combust ultra-low-sulfur liquid fuel. The final rule 
specifies that if an affected boiler or process heater is in the units 
designed to burn light liquid subcategory and it combusts ultra-low-
sulfur liquid fuel, further performance tests do not need to be 
conducted if the pollutants measured during the initial compliance 
performance tests meet the emission limits, providing ongoing 
compliance with the emissions limits is demonstrated by monitoring and 
recording the type of fuel combusted on a monthly basis. (See 40 CFR 
63.7515(h).) The Boiler MACT defines ultra-low-sulfur liquid fuel as a 
distillate oil that has less than or equal to 15 ppm sulfur. (See 40 
CFR 63.7575.)
    Specifically, we request comment on an alternative provision to the 
February 1, 2013, final rule's alternative PM standard for new oil-
fired boilers that combust low-sulfur oil that would specify that new 
or reconstructed oil-fired boilers with heat input capacity of 10 
MMBtu/hr or greater that combust only ultra-low-sulfur liquid fuel meet 
GACT for PM providing the type of fuel combusted is monitored and 
recorded on a monthly basis. Under this alternative provision, GACT 
would not require initial compliance performance testing demonstrating 
compliance with the PM emission limit because sufficient testing has 
shown that ULSD contains

[[Page 2877]]

low levels of urban metal HAP that we can be assured that this 
alternative standard is effective. The EPA also requests comment, along 
with supporting information, on whether, and, if so, to what extent 
burning ultra-low-sulfur liquid fuels, as described above, would 
control the urban metal HAP for which the category of sources were 
listed.

C. Establishment of a Subcategory and Separate Requirements for 
Limited-Use Boilers

    The February 1, 2013, final rule established a limited-use boiler 
subcategory that includes any boiler that burns any amount of solid or 
liquid fuels and has a federally enforceable average annual capacity 
factor of no more than 10 percent. The final rule established separate 
requirements for this subcategory of boilers that operate on a limited 
basis. In response to the December 23, 2011, reconsideration proposal, 
several commenters asserted that the EPA should also include a limited-
use subcategory in the Area Source Boiler Rule for the same reasons we 
determined a seasonal boiler subcategory was appropriate. Commenters 
suggested that we should apply the same 5-year tune-up cycle for 
limited-use units such as auxiliary boilers that we proposed for 
seasonally-operated units and small oil-fired units. Commenters 
explained that in the electric utility industry, auxiliary boilers are 
typically used to generate the steam necessary to bring a main EGU on 
line during startup and, since auxiliary boilers are primarily operated 
during unit startup, operation for many of these boilers is typically 
very limited and sporadic. Commenters also pointed out that the Boiler 
MACT includes a limited-use subcategory.
    The EPA determined that a limited-use subcategory was appropriate 
and included a limited-use subcategory along with separate standards in 
the final Area Source Boiler Rule. Specifically, the final rule 
specifies that limited-use boilers must complete a tune-up every 5 
years. Such boilers are not subject to the emission limits, the energy 
assessment requirements or the operating limits. In the February 1, 
2013, final rule, we stated our belief that establishing a limited-use 
subcategory was reasonable. First, we pointed out that boilers that 
operate no more than 10 percent of the year (i.e., a limited-use 
boiler) would operate for no more than 6 months in between tune-ups on 
a 5-year tune-up cycle. We further pointed out that the brief period of 
operations for these limited-use boilers is even less than the number 
of operating months that seasonal boilers and full-time boilers will 
operate between tune-ups. Next, we noted that the irregular schedule of 
operations also makes it difficult to schedule more frequent tune-ups. 
Finally, we noted that it is technically infeasible to test these 
limited-use boilers since these units serve as back-up energy sources 
and their operating schedules can be intermittent and unpredictable.
    The EPA received a petition asserting that the public lacked an 
opportunity to comment on the new limited-use boiler subcategory, as 
well as the tune-up requirement established for the new subcategory. 
Petitioners object to the EPA's decision to create a separate 
subcategory for these boilers and to the EPA's rationale for requiring 
nothing more than one tune-up every 5 years for these boilers. 
Specifically, petitioners assert that limited-use boilers differ from 
other boilers only in that they are operated for fewer total hours over 
the course of a year and that the EPA has not explained why this is a 
distinction that justifies differential treatment.
    The EPA disagrees with the petitioners' claim that we have not 
explained why limited-use boilers should have separate regulatory 
requirements. As described above, we fully explained our rationale for 
establishing a limited-use boiler subcategory and separate requirements 
for that subcategory in the February 1, 2013, final rule. However, in 
consideration of the fact that the public lacked the opportunity to 
comment on the new subcategory and requirements, we have granted 
reconsideration to provide an opportunity for public comment on this 
issue. The EPA requests comment regarding whether the separate 
requirements for a limited-use boiler subcategory are necessary or 
appropriate. Commenters should provide detailed information supporting 
their comment. If, after evaluating all comments and data received on 
this issue, the EPA determines that amendments to the limited-use 
boiler subcategory and the separate requirements for that subcategory 
may be appropriate, we will propose such amendments in a future 
regulatory action.

D. Establishment of a Provision That Eliminates Further Performance 
Testing for Particulate Matter for Certain Boilers Based on Their 
Initial Compliance Test

    The February 1, 2013, final rule added a new provision that 
specifies that further PM emissions testing does not need to be 
conducted if, when demonstrating initial compliance with the PM 
emission limit, the performance test results show that the PM emissions 
from the affected boiler are equal to or less than half of the 
applicable PM emission limit. The EPA believes that inclusion of such a 
provision promotes good PM performance from new boilers and could also 
promote new technology development. In such instances, the owner or 
operator must continue to comply with all applicable operating limits 
and monitoring requirements to ensure that there are no changes in 
operation of the boiler or air pollution control equipment that could 
increase emissions. If the initial performance test results show that 
the PM emissions are greater than half of the PM emission limit, the 
owner or operator must conduct subsequent performance tests every 3 
years as specified in the final rule. After the December 23, 2011, 
reconsideration proposal, the EPA received comments asserting that the 
most effective control strategy for small oil-fired boilers is the 
tune-up required by the standards and that establishing a PM limit for 
those boilers between 10 MMBtu/hr and 30 MMBtu/hr just ensures that 
those boilers will do stack testing demonstrating that the boilers are 
in compliance without the need for controls; a fact already known. 
Commenters also asserted that establishing a PM limit imposes a stack 
test obligation on small facilities with the least resources to deal 
with the testing. After considering the comments, the EPA did not 
eliminate or revise the PM limit for new oil-fired boilers with heat 
input capacity between 10 MMBtu/hr and 30 MMBtu/hr. We did, however, 
believe that adjustments to the PM performance test frequency, as 
described above, were appropriate for boilers that demonstrate during 
their initial performance test that their PM emissions are equal to or 
less than half of the PM limit. We further stated our belief that the 
performance test adjustment should not be potentially applicable to 
only new oil-fired boilers with heat input capacity between 10 MMBtu/hr 
and 30 MMBtu/hr, but to all new boilers subject to a PM emission limit.
    The EPA received a petition asserting that the public lacked an 
opportunity to comment on the new provision that eliminates further 
performance testing for PM for certain boilers based on their initial 
compliance test. Petitioners object to the EPA's decision to exempt 
sources from PM performance testing indefinitely based on a single 
performance test showing low emissions. Petitioners assert that because 
the EPA determined that urban metal HAP emissions should be

[[Page 2878]]

controlled through a surrogate limit on PM emissions and that 
compliance with the PM emission limit should be determined through 
performance testing, the new provision, which fails to require 
performance testing to determine compliance, is arbitrary. Petitioners 
further assert that, because of variability in PM emissions, it is 
arbitrary to conclude that a source that measures low emissions in one 
test will have emissions below the limit forever thereafter. 
Specifically, petitioners assert that emissions of PM from individual 
sources are likely to be highly variable due to variations in 
proportions of co-fired fuels within a given subcategory, changes in 
fuel mix within a given fuel type and changes in fuel suppliers for a 
given fuel type.
    We have granted reconsideration on this issue to provide an 
opportunity for comment on the new provision. The EPA requests comment, 
along with supporting information, on the magnitude and range of 
variability in PM and urban metal HAP emissions from individual 
boilers. More specifically, we request comment on whether the emissions 
variability at an individual boiler within a specific subcategory could 
result in an exceedance of the applicable PM limit by such boiler whose 
PM emissions are demonstrated to be equal to or less than half of the 
applicable PM emission limit (i.e., a doubling or more of PM 
emissions). We also request comment on to what extent a requirement to 
burn only the fuel types and fuel mixtures used to demonstrate that a 
boiler's PM emissions are equal to or less than half of the PM limit 
would limit variability in the boiler's PM emissions.
    The EPA also solicits comment on an alternative provision that 
would specify less frequent performance testing for PM based on the 
initial compliance test. Specifically, we request comment on an 
alternative provision that would specify that when demonstrating 
initial compliance with the PM emission limit, if the performance test 
results show that the PM emissions from the affected boiler are equal 
to or less than half of the applicable PM emission limit, additional PM 
emissions testing would not need to be conducted for 5 years. In such 
instances, the owner or operator would be required to continue to 
comply with all applicable operating limits and monitoring requirements 
to ensure that there are no changes in operation of the boiler or air 
pollution control equipment that could increase emissions. We request 
comment on also including a requirement that the owner or operator only 
burn the fuel types and fuel mixtures used to demonstrate that the PM 
emissions from the affected boiler are equal to or less than half of 
the applicable PM emission limit. As long as the performance test 
results show that the PM emissions from the affected boiler are equal 
to or less than half of the applicable PM emission limit, the source 
could continue conducting performance tests every 5 years. If the 
initial performance test results or results from a subsequent 
performance test show that the PM emissions are greater than half of 
the PM emission limit, the owner or operator would be required to 
conduct subsequent performance tests every 3 years, as specified in the 
final rule.

E. Establishment of a Provision That Eliminates Further Fuel Sampling 
for Mercury for Certain Coal-Fired Boilers Based on Their Initial 
Compliance Demonstration

    The February 1, 2013, final rule added a new provision that 
specifies that further fuel analysis sampling does not need to be 
conducted if, when demonstrating initial compliance with the Hg 
emission limit based on fuel analysis, the Hg constituents in the fuel 
or fuel mixture are measured to be equal to or less than half of the Hg 
emission limit. The EPA believes that inclusion of such a provision 
promotes use of low-Hg coal. In such instances, the owner or operator 
must continue to comply with all applicable operating limits and 
monitoring requirements, which include only burning the fuel types and 
fuel mixtures used to demonstrate compliance and keeping monthly 
records of fuel use. When demonstrating initial compliance with the Hg 
emission limit, if the Hg constituents in the fuel or fuel mixture are 
greater than half of the Hg emission limit, the owner or operator must 
conduct quarterly sampling. After the December 23, 2011, 
reconsideration proposal, the EPA realized that when the performance 
stack testing frequency was revised from being required on an annual 
basis in the June 4, 2010 (75 FR 31896) proposed rule to being required 
on a triennial basis in the March 2011 final rule, we neglected to 
revise the fuel analysis requirements. The June 2010 proposed rule 
required a monthly fuel analysis. The February 1, 2013, final rule 
requires quarterly fuel analysis if, when demonstrating initial 
compliance with the Hg emission limit, the Hg constituents in the fuel 
or fuel mixture are greater than half of the Hg emission limit.
    The EPA received a petition asserting that the public lacked an 
opportunity to comment on the new provision that eliminates further 
fuel sampling for Hg for certain coal-fired boilers based on their 
initial compliance demonstration. Petitioners object to the EPA's 
decision to exempt sources from fuel sampling for Hg based on a single 
fuel analysis. Petitioners assert that because the EPA determined that 
Hg must be regulated based on the performance of maximum achievable 
control technology and that compliance with the Hg emission limit can 
be determined through fuel analysis, the new provision, which fails to 
require fuel analysis to determine compliance, is arbitrary. 
Petitioners further assert that the variability in the Hg content of 
fuels available to coal-fired boilers at area sources is so great that 
a single fuel analysis cannot show that a source will comply with the 
standard in perpetuity. Petitioners claim that the February 1, 2013, 
final rule defines coal-fired boilers subject to the standard broadly 
and allows sources to burn highly non-homogenous fuels without changing 
subcategories, which enables a high degree of variability in emissions. 
Specifically, petitioners note that the final rule allows variation in 
proportions of fuels co-fired (i.e., coal and biomass), changes in fuel 
mix within a given fuel type and changes in fuel suppliers for a given 
fuel type.
    We have granted reconsideration on this issue to provide an 
opportunity for comment on the new provision. The EPA requests comment, 
along with supporting information, on the magnitude and range of 
variability in Hg content in coal that is likely to be combusted in an 
individual boiler. More specifically, we request comment on whether the 
variability within a specific fuel type or fuel mixture could result in 
an exceedance of the applicable Hg limit by a boiler in the coal 
subcategory whose Hg content in their fuel or fuel mixture are 
demonstrated to be equal to or less than half of the applicable Hg 
emission limit (i.e., a doubling or more of Hg emissions).
    The EPA also solicits comment on an alternative provision that 
would specify less frequent fuel analysis sampling for Hg based on the 
initial compliance demonstration. Specifically, we request comment on 
an alternative provision that would specify that when demonstrating 
initial compliance with the Hg emission limit based on fuel analysis, 
if the Hg constituents in the fuel or fuel mixture are measured to be 
equal to or less than half of the Hg emission limit, additional fuel 
analysis sampling for Hg would not need to be conducted for 12 months. 
In such instances, the owner or operator would be required to continue 
to comply with all applicable operating limits and monitoring 
requirements, which include

[[Page 2879]]

only burning the fuel types and fuel mixtures used to demonstrate 
compliance and keeping monthly records of fuel use, to ensure that 
there are no changes in operation of the boiler or air pollution 
control equipment that could increase emissions. As long as the fuel 
analysis sampling shows that the Hg constituents in the fuel or fuel 
mixture are equal to or less than half of the Hg emission limit, the 
source could continue fuel analysis sampling on an annual basis. If the 
initial fuel analysis sampling or subsequent fuel analysis sampling 
show that the Hg emissions are greater than half of the Hg emission 
limit, the owner or operator would be required to conduct subsequent 
fuel analysis sampling on a quarterly basis (i.e., every 3 months) as 
specified in the final rule.

IV. Technical Corrections and Clarifications

    We are proposing several clarifying changes and corrections to the 
final rule. These proposed changes are described in Table 1 of this 
preamble.

 Table 1--Miscellaneous Proposed Changes and Corrections to 40 CFR Part
                           63, Subpart JJJJJJ
------------------------------------------------------------------------
  Section of subpart JJJJJJ        Description of proposed correction
------------------------------------------------------------------------
40 CFR 63.11195(k)...........  Revise the language in this paragraph to
                                use the phrase ``as defined in this
                                subpart'' instead of ``covered by
                                subpart UUUUU of this part'' to clarify
                                that fossil fuel-fired EGUs are not
                                subject to the rule.
40 CFR 63.11210(j)...........  Amend this paragraph to clarify that this
                                provision applies to existing affected
                                boilers that have not operated on any of
                                the fuels subject to subpart JJJJJJ
                                (i.e., ``on solid fossil fuel, biomass,
                                or liquid fuel'') between the rule's
                                effective date and compliance date.
40 CFR 63.11214(a)...........  Amend this paragraph to clarify that the
                                requirement to submit a signed statement
                                in the Notification of Compliance Status
                                report that indicates that an initial
                                tune-up of the boiler was conducted only
                                applies to owners and operators of
                                existing coal-fired boilers with a heat
                                input capacity of less than 10 MMBtu/hr.
40 CFR 63.11214(b)...........  Amend this paragraph to clarify that the
                                requirement to submit a signed statement
                                in the Notification of Compliance Status
                                report that indicates that an initial
                                tune-up of the boiler was conducted only
                                applies to owners and operators of
                                existing biomass-fired boilers and
                                existing oil-fired boilers.
40 CFR 63.11214(c)...........  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 63.11220(d)...........  Amend this paragraph to clarify that this
                                provision applies to existing affected
                                boilers that have not operated on any of
                                the fuels subject to subpart JJJJJJ
                                (i.e., ``on solid fossil fuel, biomass,
                                or liquid fuel'') since the previous
                                compliance demonstration and more than 3
                                years have passed since the previous
                                compliance demonstration.
40 CFR 63.11221(c)...........  Amend this paragraph to clarify that data
                                collected during periods of startup and
                                shutdown may not be used in calculations
                                used to report emissions or operating
                                levels.
40 CFR 63.11222(a)(2)........  Amend this paragraph to clarify that the
                                requirement to demonstrate that all fuel
                                types and mixtures of fuels burned would
                                result in lower emissions of Hg than the
                                applicable emission limit (if you
                                demonstrate compliance through fuel
                                analysis), or result in lower fuel input
                                of Hg than the maximum values calculated
                                during the last performance stack test
                                (if you demonstrate compliance through
                                performance stack testing) only applies
                                to owners and operators of boilers
                                subject to a Hg emission limit.
40 CFR 63.11224(a)(7)........  Amend this paragraph to clarify the
                                oxygen level set point for a source that
                                operates an oxygen trim system but is
                                not required to conduct a carbon
                                monoxide performance stack test.
40 CFR 63.11225(a)(4)........  Amend this paragraph to clarify that
                                owners and operators of new boilers
                                subject only to a requirement to conduct
                                a tune-up are not required to prepare
                                and submit a Notification of Compliance
                                Status for the tune-up.
40 CFR 63.11225(b)...........  Amend this paragraph to clarify that
                                boilers subject only to energy
                                assessment and/or tune-up requirements
                                may submit only a biennial or 5-year
                                compliance report.
40 CFR 63.11225(c)(2)(iv)....  Amend this paragraph to include the
                                requirement, as specified in Sec.
                                63.11210(e), that owners and operators
                                of new oil-fired boilers meeting the low
                                sulfur fuel requirements in Sec.
                                63.11210(e) must keep records, on a
                                monthly basis, of the type of fuel
                                combusted.
40 CFR 63.11225(e)(1)........  Amend this paragraph to clarify the EPA
                                point of contact for submittal of
                                confidential performance test
                                information.
40 CFR 63.11225(g)...........  Revise the language in this paragraph to
                                (1) use the phrase ``due to a fuel
                                change that results in the boiler
                                meeting the definition of gas-fired
                                boiler, as defined in Sec.   63.11237''
                                instead of ``due to a change to 100
                                percent natural gas'' to clarify that
                                boilers switching out of subpart JJJJJJ
                                due to a fuel change are not only those
                                that change to 100-percent natural gas,
                                but include those for which the fuel
                                change results in the boiler meeting the
                                subpart JJJJJJ definition of ``Gas-fired
                                boiler,'' which encompasses those
                                boilers that change to 100-percent
                                natural gas; and (2) clarify that in
                                addition to a permit limit resulting in
                                a boiler becoming subject to the
                                subpart, a permit limit can also result
                                in a boiler no longer being subject to
                                the subpart.
40 CFR 63.11237..............  Add the definition of ``Annual capacity
                                factor'' to clarify its meaning within
                                the definition of ``Limited-use
                                boiler.''
                               Revise the definition of ``Coal'' to
                                clarify that coal derived liquids are
                                excluded from the definition of ``Coal''
                                and are considered to be a liquid fuel.
                               Revise the definition of ``Dry scrubber''
                                to delete the phrase ``and process
                                heaters.''
                               Add the definition of ``Fossil fuel'' to
                                clarify its meaning within the
                                definition of ``Electric utility steam
                                generating unit (EGU).''

[[Page 2880]]

 
                               Revise the definition of ``Gas-fired
                                boiler'' to clarify that the 48 hours of
                                liquid fuel usage allowed on an annual
                                calendar basis includes performing
                                maintenance and operator training. This
                                revision clarifies the intent of the
                                liquid fuel usage allowance in that
                                periodic testing, maintenance and
                                operator training activities are all
                                done to ensure that the boiler is
                                capable of operating properly on liquid
                                fuel when needed during periods of gas
                                curtailment, gas supply interruptions or
                                startups. This clarification does not
                                revise the amount of time that liquid
                                fuel can be used on an annual basis, but
                                clarifies when it can be used.
                               Revise the definition of ``Limited-use
                                boiler'' to delete 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 co-firing
                                natural gas with a solid or liquid fuel.
                               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 its operating load range.
Table 1 to subpart JJJJJJ....  Revise item 6.b. to add ``(3-run average
                                or 10-day rolling average)'' to be
                                consistent with items 1.c. and 2.c. of
                                Table 1.
Table 2 to subpart JJJJJJ....  Revise item 16 to clarify that (1)
                                ``operates under an energy management
                                program'' does not mean that the energy
                                management program must be implemented
                                in perpetuity, but, rather, for at least
                                one year between January 1, 2008, and
                                the compliance date specified in Sec.
                                63.11196; and (2) an energy management
                                program developed according to ENERGY
                                STAR guidelines would also satisfy the
                                requirement.
Table 6 to subpart JJJJJJ....  Revise item 2.(c) to clarify that ``load
                                fraction'' is as defined in Sec.
                                63.11237.
------------------------------------------------------------------------

V. Affirmative Defense

    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 were 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. The EPA requests public comment on the five issues under 
reconsideration. At this time, other than the proposed revisions to the 
startup and shutdown definitions, the EPA is not proposing any specific 
revisions to the final rule with regard to the five reconsideration 
issues. Nevertheless, we may retain or rescind the final rule 
provisions or adopt an alternative discussed above based on comments 
and information we receive.
    Additionally, the EPA is making certain clarifying changes and 
corrections to the final rule. We are soliciting comment on whether the 
proposed changes provide the intended accuracy, clarity and 
consistency. The EPA is also amending the final rule by

[[Page 2881]]

removing the affirmative defense provisions. We request comment on all 
of these proposed changes.
    The EPA is seeking comment only on the five issues, the clarifying 
changes and corrections, and the amendments described above. 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

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 the PRA. The OMB has previously approved the information 
collection requirements contained in the existing regulations and has 
assigned OMB control number 2060-0668. The EPA is not proposing any new 
information collection activities (e.g., monitoring, reporting, 
recordkeeping) as part of this action. With this action, the EPA is 
seeking additional comments on five aspects of the final Area Source 
Boiler Rule (78 FR 7488, February 1, 2013). We are also proposing a 
limited number of amendments that would clarify some applicability and 
implementation issues raised by stakeholders subject to the final rule 
and correct inadvertent errors promulgated in the final rule.

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 five aspects of the final Area Source Boiler Rule and 
also proposes a limited number of clarifications and corrections to the 
final rule.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in 
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect 
small governments. The action imposes no enforceable duty on any state, 
local or tribal governments or the private sector. This action seeks 
comment on five aspects of the final Area Source Boiler Rule and also 
proposes a limited number of clarifications and corrections to the 
final rule.

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 five aspects of the final Area Source Boiler 
Rule and also proposes a limited number of clarifications and 
corrections to the final rule.

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 seeks comment on five aspects of the 
final Area Source Boiler Rule and also proposes a limited number of 
clarifications and corrections to the final rule. Thus, Executive Order 
13175 does not apply to this action.

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

    The EPA interprets Executive Order 13045 as applying 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 is does not concern an environmental 
health risk or safety risk.

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

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

I. National Technology Transfer and Advancement Act (NTTAA)

    This action does not involve technical standards.

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

    The EPA believes the human health or environmental risk addressed 
by this action will not have potential disproportionately high and 
adverse human health or environmental effects on minority, low-income 
or indigenous populations. This action seeks comment on five aspects of 
the final Area Source Boiler Rule and also proposes a limited number of 
clarifications and corrections to the final rule.

List of Subjects in 40 CFR Part 63

    Environmental protection, 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 stated 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 citation for part 63 continues to read as follows:

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

Subpart JJJJJJ--National Emission Standards for Hazardous Air 
Pollutants for Industrial, Commercial, and Institutional Boilers 
Area Sources

0
2. Section 63.11195 is amended by revising paragraph (k) to read as 
follows:


Sec.  63.11195  Are any boilers not subject to this subpart?

* * * * *
    (k) An electric utility steam generating unit (EGU) as defined in 
this subpart.

0
3. Section 63.11210 is amended by revising paragraphs (j) introductory 
text, (j)(1), and (j)(2) to read as follows:


Sec.  63.11210  What are my initial compliance requirements and by what 
date must I conduct them?

* * * * *
    (j) For existing affected boilers that have not operated on solid 
fossil fuel, biomass, or liquid fuel between the effective date of the 
rule and the compliance date that is specified for your source in Sec.  
63.11196, you must comply with the applicable provisions as specified 
in paragraphs (j)(1) through (3) of this section.
    (1) You must complete the initial compliance demonstration, if 
subject to the emission limits in Table 1 to this subpart, as specified 
in paragraphs (a) and (b) of this section, no later than 180 days after 
the re-start of the affected boiler on solid fossil fuel, biomass, or

[[Page 2882]]

liquid fuel and according to the applicable provisions in Sec.  
63.7(a)(2).
    (2) You must complete the initial performance tune-up, if subject 
to the tune-up requirements in Sec.  63.11223, by following the 
procedures described in Sec.  63.11223(b) no later than 30 days after 
the re-start of the affected boiler on solid fossil fuel, biomass, or 
liquid fuel.
* * * * *
0
4. Section 63.11214 is amended by revising paragraphs (a) through (c) 
to read as follows:


Sec.  63.11214  How do I demonstrate initial compliance with the work 
practice standard, emission reduction measures, and management 
practice?

    (a) If you own or operate an existing or new coal-fired boiler with 
a heat input capacity of less than 10 million Btu per hour, you must 
conduct a performance tune-up according to Sec.  63.11210(c) or (f), as 
applicable, and Sec.  63.11223(b). If you own or operate an existing 
coal-fired boiler with a heat input capacity of less than 10 million 
Btu per hour, you must submit a signed statement in the Notification of 
Compliance Status report that indicates that you conducted an initial 
tune-up of the boiler.
    (b) If you own or operate an existing or new biomass-fired boiler 
or an existing or new oil-fired boiler, you must conduct a performance 
tune-up according to Sec.  63.11210(c) or (f), as applicable, and Sec.  
63.11223(b). If you own or operate an existing biomass-fired boiler or 
existing oil-fired boiler, you must submit a signed statement in the 
Notification of Compliance Status report that indicates that you 
conducted an initial tune-up of the boiler.
    (c) If you own or operate an existing affected boiler with a heat 
input capacity of 10 million Btu per hour or greater, you must submit a 
signed certification in the Notification of Compliance Status report 
that an energy assessment of the boiler and its energy use systems was 
completed according to Table 2 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.
* * * * *
0
5. Section 63.11220 is amended by revising paragraph (d) to read as 
follows:


Sec.  63.11220  When must I conduct subsequent performance tests or 
fuel analyses?

* * * * *
    (d) For existing affected boilers that have not operated on solid 
fossil fuel, biomass, or liquid fuel since the previous compliance 
demonstration and more than 3 years have passed since the previous 
compliance demonstration, you must complete your subsequent compliance 
demonstration no later than 180 days after the re-start of the affected 
boiler on solid fossil fuel, biomass, or liquid fuel.
0
6. Section 63.11221 is amended by revising paragraph (c) to read as 
follows:


Sec.  63.11221  Is there a minimum amount of monitoring data I must 
obtain?

* * * * *
    (c) You may not use data collected 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 
quality control activities in calculations used to report emissions or 
operating levels. Any such periods must be reported according to the 
requirements in Sec.  63.11225. You must use all the data collected 
during all other periods in assessing the operation of the control 
device and associated control system.
* * * * *
0
7. Section 63.11222 is amended by revising paragraph (a)(2) to read as 
follows:


Sec.  63.11222  How do I demonstrate continuous compliance with the 
emission limits?

    (a) * * *
    (2) If you have an applicable mercury or PM emission limit, you 
must keep records of the type and amount of all fuels burned in each 
boiler during the reporting period. If you have an applicable mercury 
emission limit, you must demonstrate that all fuel types and mixtures 
of fuels burned would result in lower emissions of mercury than the 
applicable emission limit (if you demonstrate compliance through fuel 
analysis), or result in lower fuel input of mercury than the maximum 
values calculated during the last performance stack test (if you 
demonstrate compliance through performance stack testing).
* * * * *
0
8. Section 63.11224 is amended by revising paragraph (a)(7) to read as 
follows:


Sec.  63.11224  What are my monitoring, installation, operation, and 
maintenance requirements?

    (a) * * *
    (7) You must operate the oxygen analyzer system at or above the 
minimum oxygen level that is established as the operating limit 
according to Table 6 to this subpart when firing the fuel or fuel 
mixture utilized during the most recent CO performance stack test. If 
your facility is not required to conduct a CO performance stack test, 
you must set the oxygen level to the oxygen concentration measured 
during the most recent tune-up to optimize CO to manufacturer's 
specifications and you must operate the oxygen analyzer system at or 
above that level. Operation of oxygen trim systems to meet these 
requirements shall not be done in a manner which compromises furnace 
safety.
* * * * *
0
9. Section 63.11225 is amended by revising paragraphs (a)(4) 
introductory text, (b) introductory text, (c)(2)(iv), (e)(1) and (g) 
introductory text to read as follows:


Sec.  63.11225  What are my notification, reporting, and recordkeeping, 
requirements?

    (a) * * *
    (4) You must submit the Notification of Compliance Status no later 
than 120 days after the applicable compliance date specified in Sec.  
63.11196 unless you own or operate a new boiler subject only to a 
requirement to conduct a biennial or 5-year tune-up or you must conduct 
a performance stack test. If you own or operate a new boiler subject to 
a requirement to conduct a tune-up, you are not required to prepare and 
submit a Notification of Compliance Status for the tune-up. If you must 
conduct a performance stack test, you must submit the Notification of 
Compliance Status within 60 days of completing the performance stack 
test. You must submit the Notification of Compliance Status in 
accordance with paragraphs (a)(4)(i) and (vi) of this section. The 
Notification of Compliance Status must include the information and 
certification(s) of compliance in paragraphs (a)(4)(i) through (v) of 
this section, as applicable, and signed by a responsible official.
* * * * *
    (b) You must prepare, by March 1 of each year, and submit to the 
delegated authority upon request, an annual compliance certification 
report for the previous calendar year containing the information 
specified in paragraphs (b)(1) through (4) of this section. You must 
submit the report by March 15 if you had any instance described by 
paragraph (b)(3) of this section. For boilers that are subject only to 
the energy assessment requirement and/or a requirement to conduct a 
biennial or

[[Page 2883]]

5-year tune-up according to Sec.  63.11223(a) and not subject to 
emission limits or operating limits, you may prepare only a biennial or 
5-year compliance report as specified in paragraphs (b)(1) and (2) of 
this section.
* * * * *
    (c) * * *
    (2) * * *
    (iv) For each boiler subject to an emission limit in Table 1 to 
this subpart, you must keep records of monthly fuel use by each boiler, 
including the type(s) of fuel and amount(s) used. For each new oil-
fired boiler that meets the requirements of Sec.  63.11210(e), you must 
keep records, on a monthly basis, of the type of fuel combusted.
* * * * *
    (e)(1) Within 60 days after the date of completing each performance 
test (defined in Sec.  63.2) as required by this subpart you must 
submit the results of the performance tests, including any associated 
fuel analyses, required by this subpart to EPA's WebFIRE database by 
using CEDRI that is accessed through EPA's CDX (www.epa.gov/cdx). 
Performance test data must be submitted in the file format generated 
through use of EPA's Electronic Reporting Tool (ERT) (see http://www.epa.gov/ttn/chief/ert/index.html). Only data collected using test 
methods on the ERT Web site are subject to this requirement for 
submitting reports electronically to WebFIRE. Owners or operators who 
claim that some of the information being submitted for performance 
tests is confidential business information (CBI) must submit a complete 
ERT file including information claimed to be CBI on a compact disk or 
other commonly used electronic storage media (including, but not 
limited to, flash drives) to 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 file with the CBI omitted must be 
submitted to EPA via CDX as described earlier in this paragraph. At the 
discretion of the delegated authority, you must also submit these 
reports, including CBI, to the delegated authority in the format 
specified by the delegated authority. For any performance test 
conducted using test methods that are not listed on the ERT Web site, 
the owner or operator shall submit the results of the performance test 
in paper submissions to the Administrator at the appropriate address 
listed in Sec.  63.13.
* * * * *
    (g) If you have switched fuels or made a physical change to the 
boiler and the fuel switch or change resulted in the applicability of a 
different subcategory within this subpart, in the boiler becoming 
subject to this subpart, or in the boiler switching out of this subpart 
due to a fuel change that results in the boiler meeting the definition 
of gas-fired boiler, as defined in Sec.  63.11237, or you have taken a 
permit limit that resulted in you becoming subject to this subpart or 
no longer being subject to this subpart, you must provide notice of the 
date upon which you switched fuels, made the physical change, or took a 
permit limit within 30 days of the change. The notification must 
identify:
* * * * *


Sec.  63.11226  [Removed]

0
10. Remove Sec.  63.11226.
0
11. Section 63.11237 is amended as follows:
0
a. By adding, in alphabetical order, the definitions for ``Annual 
capacity factor,'' ``Fossil fuel,'' and ``Useful thermal energy.''
0
b. By revising the definitions for ``Coal,'' ``Dry scrubber,'' ``Gas-
fired boiler,'' ``Limited-use boiler,'' ``Load fraction,'' ``Oxygen 
trim system,'' ``Shutdown,'' and ``Startup.''
0
c. By removing the definition of ``Affirmative defense.''
    The additions and revisions read as follows:


Sec.  63.11237  What definitions apply to this subpart?

* * * * *
    Annual capacity factor means the ratio between the actual heat 
input to a boiler from the fuels burned during a calendar year and the 
potential heat input to the boiler had it been operated for 8,760 hours 
during a year at the maximum steady state design heat input capacity.
* * * * *
    Coal means all solid fuels classifiable as anthracite, bituminous, 
sub-bituminous, or lignite by the American Society for Testing and 
Materials in 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.
* * * * *
    Dry scrubber means an add-on air pollution control system that 
injects dry alkaline sorbent (dry injection) or sprays an alkaline 
sorbent (spray dryer) to react with and neutralize acid gas in the 
exhaust stream forming a dry powder material. Sorbent injection systems 
used as control devices in fluidized bed boilers are included in this 
definition. A dry scrubber is a dry control system.
* * * * *
    Fossil fuel means natural gas, oil, coal, and any form of solid, 
liquid, or gaseous fuel derived from such material.
* * * * *
    Gas-fired boiler includes any boiler that burns gaseous fuels not 
combined with any solid fuels and burns liquid fuel only during periods 
of gas curtailment, gas supply interruption, startups, or for periodic 
testing, maintenance, or operator training on liquid fuel. Periodic 
testing, maintenance, or operator training on liquid fuel shall not 
exceed a combined total of 48 hours during any calendar year.
* * * * *
    Limited-use boiler means any boiler that burns any amount of solid 
or liquid 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 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 that co-fire natural 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 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 carbon monoxide 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 is initiated for any purpose. Shutdown begins when the boiler no 
longer makes useful thermal energy (such as steam or hot water) for 
heating, cooling, or process purposes or generates

[[Page 2884]]

electricity, or when no fuel is being fed to the boiler, whichever is 
earlier. Shutdown ends when the boiler no longer makes useful thermal 
energy (such as steam or hot water) for heating, cooling, or process 
purposes or generates electricity, and no fuel is being combusted in 
the boiler.
* * * * *
    Startup means:
    (1) Either the first-ever firing of fuel in a boiler 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 is supplied for heating and/or 
producing electricity, or for any other purpose, or
    (2) The period in which operation of a boiler is initiated for any 
purpose. Startup begins with either the first-ever firing of fuel in a 
boiler for the purpose of supplying useful thermal energy (such as 
steam or hot water) for heating, cooling or process purposes, or 
producing electricity, or the firing of fuel in a boiler for any 
purpose after a shutdown event. Startup ends four hours after when the 
boiler makes useful thermal energy (such as steam or hot water) for 
heating, cooling, or process purposes, or generates electricity, 
whichever is earlier.
* * * * *
    Useful thermal energy means energy (i.e., steam or hot water) that 
meets the minimum operating temperature and/or pressure required by any 
energy use system that uses energy provided by the affected boiler.
* * * * *
0
12. Table 1 to subpart JJJJJJ is amended by revising the entry for 
``6.'' to read as follows:

          Table 1 to Subpart JJJJJJ of Part 63--Emission Limits
                              * * * * * * *
------------------------------------------------------------------------
                                                   You must achieve less
                                                    than or equal to the
                                For the following    following emission
   If your boiler is in this     pollutants . . .  limits, except during
       subcategory . . .                             periods of startup
                                                     and shutdown . . .
 
------------------------------------------------------------------------
 
                              * * * * * * *
6. Existing coal-fired boilers  a. Mercury.......  2.2E-05 lb per MMBtu
 with heat input capacity of    b. CO............   of heat input.
 10 MMBtu/hr or greater that                       420 ppm by volume on
 do not meet the definition of                      a dry basis
 limited-use boiler.                                corrected to 3
                                                    percent oxygen (3-
                                                    run average or 10-
                                                    day rolling
                                                    average).
------------------------------------------------------------------------

0
13. Table 2 to subpart JJJJJJ is amended by revising the entry for 
``16.'' to read and follows:

 Table 2 to Subpart JJJJJJ of Part 63--Work Practice Standards, Emission
              Reduction Measures, and Management Practices
                              * * * * * * *
------------------------------------------------------------------------
    If your boiler is in this
        subcategory . . .            You must meet the following . . .
------------------------------------------------------------------------
 
                              * * * * * * *
16. Existing coal-fired, biomass-  Must have a one-time energy
 fired, or oil-fired boilers        assessment performed by a qualified
 (units with heat input capacity    energy assessor. An energy
 of 10 MMBtu/hr and greater), not   assessment completed on or after
 including limited-use boilers.     January 1, 2008, that meets or is
                                    amended to meet the energy
                                    assessment requirements in this
                                    table satisfies the energy
                                    assessment requirement. Energy
                                    assessor approval and qualification
                                    requirements are waived in instances
                                    where past or amended energy
                                    assessments are used to meet the
                                    energy assessment requirements. 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.   63.11196 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
                                    (1) to (4) appropriate for the on-
                                    site technical hours listed in Sec.
                                     63.11237:
                                      (1) A visual inspection of the
                                       boiler system,
                                      (2) An evaluation of operating
                                       characteristics of the affected
                                       boiler systems, specifications of
                                       energy use systems, operating and
                                       maintenance procedures, and
                                       unusual operating constraints,
                                      (3) An inventory of major energy
                                       use systems consuming energy from
                                       affected boiler(s) and which are
                                       under control of the boiler owner
                                       or operator,
                                      (4) A review of available
                                       architectural and engineering
                                       plans, facility operation and
                                       maintenance procedures and logs,
                                       and fuel usage,
                                      (5) A list of major energy
                                       conservation measures that are
                                       within the facility's control,

[[Page 2885]]

 
                                      (6) A list of the energy savings
                                       potential of the energy
                                       conservation measures identified,
                                       and
                                   (7) A comprehensive report detailing
                                    the ways to improve efficiency, the
                                    cost of specific improvements,
                                    benefits, and the time frame for
                                    recouping those investments.
------------------------------------------------------------------------

0
14. Table 6 to subpart JJJJJJ is amended by revising the entry for 
``2.'' to read as follows:

                       Table 6 to Subpart JJJJJJ of Part 63--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
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
2. Mercury...................  Dry sorbent or   Establish a site-     Data from the         (a) You must collect
                                activated        specific minimum      sorbent or            sorbent or
                                carbon           sorbent or            activated carbon      activated carbon
                                injection rate   activated carbon      injection rate        injection rate data
                                operating        injection rate        monitors and the      every 15 minutes
                                parameters.      operating limit       mercury performance   during the entire
                                                 according to Sec.     stack tests.          period of the
                                                 63.11211(b).                                performance stack
                                                                                             tests;
                                                                                            (b) Determine the
                                                                                             average sorbent or
                                                                                             activated carbon
                                                                                             injection rate for
                                                                                             each individual
                                                                                             test run in the
                                                                                             three-run
                                                                                             performance stack
                                                                                             test by computing
                                                                                             the average of all
                                                                                             the 15-minute
                                                                                             readings taken
                                                                                             during each test
                                                                                             run.
                                                                                            (c) When your unit
                                                                                             operates at lower
                                                                                             loads, multiply
                                                                                             your sorbent or
                                                                                             activated carbon
                                                                                             injection rate by
                                                                                             the load fraction,
                                                                                             as defined in Sec.
                                                                                              63.11237, to
                                                                                             determine the
                                                                                             required injection
                                                                                             rate.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------


[FR Doc. 2014-30388 Filed 1-20-15; 8:45 am]
BILLING CODE 6560-50-P


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