[Title 40 CFR ]
[Code of Federal Regulations (annual edition) - July 1, 2021 Edition]
[From the U.S. Government Publishing Office]



[[Page i]]

          

          Title 40

Protection of Environment


________________________

Part 60 (Sec. Sec.  60.1 to 60.499)

                         Revised as of July 1, 2021

          Containing a codification of documents of general 
          applicability and future effect

          As of July 1, 2021
                    Published by the Office of the Federal Register 
                    National Archives and Records Administration as a 
                    Special Edition of the Federal Register

[[Page ii]]

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[[Page iii]]




                            Table of Contents



                                                                    Page
  Explanation.................................................       v

  Title 40:
          Chapter I--Environmental Protection Agency 
          (Continued)                                                3
  Finding Aids:
      Table of CFR Titles and Chapters........................     647
      Alphabetical List of Agencies Appearing in the CFR......     667
      List of CFR Sections Affected...........................     677

[[Page iv]]





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

                     Cite this Code: CFR
                     To cite the regulations in 
                       this volume use title, 
                       part and section number. 
                       Thus, 40 CFR 60.1 refers 
                       to title 40, part 60, 
                       section 1.

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

[[Page v]]



                               EXPLANATION

    The Code of Federal Regulations is a codification of the general and 
permanent rules published in the Federal Register by the Executive 
departments and agencies of the Federal Government. The Code is divided 
into 50 titles which represent broad areas subject to Federal 
regulation. Each title is divided into chapters which usually bear the 
name of the issuing agency. Each chapter is further subdivided into 
parts covering specific regulatory areas.
    Each volume of the Code is revised at least once each calendar year 
and issued on a quarterly basis approximately as follows:

Title 1 through Title 16.................................as of January 1
Title 17 through Title 27..................................as of April 1
Title 28 through Title 41...................................as of July 1
Title 42 through Title 50................................as of October 1

    The appropriate revision date is printed on the cover of each 
volume.

LEGAL STATUS

    The contents of the Federal Register are required to be judicially 
noticed (44 U.S.C. 1507). The Code of Federal Regulations is prima facie 
evidence of the text of the original documents (44 U.S.C. 1510).

HOW TO USE THE CODE OF FEDERAL REGULATIONS

    The Code of Federal Regulations is kept up to date by the individual 
issues of the Federal Register. These two publications must be used 
together to determine the latest version of any given rule.
    To determine whether a Code volume has been amended since its 
revision date (in this case, July 1, 2021), consult the ``List of CFR 
Sections Affected (LSA),'' which is issued monthly, and the ``Cumulative 
List of Parts Affected,'' which appears in the Reader Aids section of 
the daily Federal Register. These two lists will identify the Federal 
Register page number of the latest amendment of any given rule.

EFFECTIVE AND EXPIRATION DATES

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Code a note has been inserted to reflect the future effective date. In 
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inserted following the text.

OMB CONTROL NUMBERS

    The Paperwork Reduction Act of 1980 (Pub. L. 96-511) requires 
Federal agencies to display an OMB control number with their information 
collection request.

[[Page vi]]

Many agencies have begun publishing numerous OMB control numbers as 
amendments to existing regulations in the CFR. These OMB numbers are 
placed as close as possible to the applicable recordkeeping or reporting 
requirements.

PAST PROVISIONS OF THE CODE

    Provisions of the Code that are no longer in force and effect as of 
the revision date stated on the cover of each volume are not carried. 
Code users may find the text of provisions in effect on any given date 
in the past by using the appropriate List of CFR Sections Affected 
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Affected'' is published at the end of each CFR volume. For changes to 
the Code prior to the LSA listings at the end of the volume, consult 
previous annual editions of the LSA. For changes to the Code prior to 
2001, consult the List of CFR Sections Affected compilations, published 
for 1949-1963, 1964-1972, 1973-1985, and 1986-2000.

``[RESERVED]'' TERMINOLOGY

    The term ``[Reserved]'' is used as a place holder within the Code of 
Federal Regulations. An agency may add regulatory information at a 
``[Reserved]'' location at any time. Occasionally ``[Reserved]'' is used 
editorially to indicate that a portion of the CFR was left vacant and 
not accidentally dropped due to a printing or computer error.

INCORPORATION BY REFERENCE

    What is incorporation by reference? Incorporation by reference was 
established by statute and allows Federal agencies to meet the 
requirement to publish regulations in the Federal Register by referring 
to materials already published elsewhere. For an incorporation to be 
valid, the Director of the Federal Register must approve it. The legal 
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if it were published in full in the Federal Register (5 U.S.C. 552(a)). 
This material, like any other properly issued regulation, has the force 
of law.
    What is a proper incorporation by reference? The Director of the 
Federal Register will approve an incorporation by reference only when 
the requirements of 1 CFR part 51 are met. Some of the elements on which 
approval is based are:
    (a) The incorporation will substantially reduce the volume of 
material published in the Federal Register.
    (b) The matter incorporated is in fact available to the extent 
necessary to afford fairness and uniformity in the administrative 
process.
    (c) The incorporating document is drafted and submitted for 
publication in accordance with 1 CFR part 51.
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alphabetical list of agencies publishing in the CFR are also included in 
this volume.

[[Page vii]]

    An index to the text of ``Title 3--The President'' is carried within 
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the revision dates of the 50 CFR titles.

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in the Code of Federal Regulations.

INQUIRIES

    For a legal interpretation or explanation of any regulation in this 
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or write to the Director, Office of the Federal Register, National 
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available at www.ecfr.gov.

    Oliver A. Potts,
    Director,
    Office of the Federal Register.
    July 1, 2021.







[[Page ix]]



                               THIS TITLE

    Title 40--Protection of Environment is composed of thirty-seven 
volumes. The parts in these volumes are arranged in the following order: 
Parts 1-49, parts 50-51, part 52 (52.01-52.1018), part 52 (52.1019-
52.2019), part 52 (52.2020-end of part 52), parts 53-59, part 60 (60.1-
60.499), part 60 (60.500-end of part 60, sections), part 60 
(Appendices), parts 61-62, part 63 (63.1-63.599), part 63 (63.600-
63.1199), part 63 (63.1200-63.1439), part 63 (63.1440-63.6175), part 63 
(63.6580-63.8830), part 63 (63.8980-end of part 63), parts 64-71, parts 
72-79, part 80, part 81, parts 82-86, parts 87-95, parts 96-99, parts 
100-135, parts 136-149, parts 150-189, parts 190-259, parts 260-265, 
parts 266-299, parts 300-399, parts 400-424, parts 425-699, parts 700-
722, parts 723-789, parts 790-999, parts 1000-1059, and part 1060 to 
end. The contents of these volumes represent all current regulations 
codified under this title of the CFR as of July 1, 2021.

    Chapter I--Environmental Protection Agency appears in all thirty-
seven volumes. OMB control numbers for title 40 appear in Sec.  9.1 of 
this chapter.

    Chapters IV-IX--Regulations issued by the Environmental Protection 
Agency and Department of Justice, Council on Environmental Quality, 
Chemical Safety and Hazard Investigation Board, Environmental Protection 
Agency and Department of Defense; Uniform National Discharge Standards 
for Vessels of the Armed Forces, Gulf Coast Ecosystem Restoration 
Council, and the Federal Permitting Improvement Steering Council appear 
in volume thirty seven.

    For this volume, Ann Worley was Chief Editor. The Code of Federal 
Regulations publication program is under the direction of John Hyrum 
Martinez, assisted by Stephen J. Frattini.

[[Page 1]]



                   TITLE 40--PROTECTION OF ENVIRONMENT




         (This book contains part 60, Sec. Sec.  60.1 to 60.499)

  --------------------------------------------------------------------
                                                                    Part

chapter i--Environmental Protection Agency (Continued)......          60

[[Page 3]]



         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)




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


  Editorial Note: Nomenclature changes to chapter I appear at 65 FR 
47324, 47325, Aug. 2, 2000; 66 FR 34375, 34376, June 28, 2001.

                 SUBCHAPTER C--AIR PROGRAMS (CONTINUED)
Part                                                                Page
60              Standards of performance for new stationary 
                    sources.................................           5

[[Page 5]]



                  SUBCHAPTER C_AIR PROGRAMS (CONTINUED)





PART 60_STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES-
-Table of Contents



                      Subpart A_General Provisions

Sec.
60.1 Applicability.
60.2 Definitions.
60.3 Units and abbreviations.
60.4 Address.
60.5 Determination of construction or modification.
60.6 Review of plans.
60.7 Notification and record keeping.
60.8 Performance tests.
60.9 Availability of information.
60.10 State authority.
60.11 Compliance with standards and maintenance requirements.
60.12 Circumvention.
60.13 Monitoring requirements.
60.14 Modification.
60.15 Reconstruction.
60.16 Priority list.
60.17 Incorporations by reference.
60.18 General control device and work practice requirements.
60.19 General notification and reporting requirements.

Table 1 to Subpart A of Part 60--Detection Sensitivity Levels (grams per 
          hour)

     Subpart B_Adoption and Submittal of State Plans for Designated 
                               Facilities

60.20 Applicability.
60.21 Definitions.
60.22 Publication of guideline documents, emission guidelines, and final 
          compliance times.
60.23 Adoption and submittal of State plans; public hearings.
60.24 Emission standards and compliance schedules.
60.25 Emission inventories, source surveillance, reports.
60.26 Legal authority.
60.27 Actions by the Administrator.
60.28 Plan revisions by the State.
60.29 Plan revisions by the Administrator.

    Subpart Ba_Adoption and Submittal of State Plans for Designated 
                               Facilities

60.20a Applicability.
60.21a Definitions.
60.22a Publication of emission guidelines.
60.23a Adoption and submittal of State plans; public hearings.
60.24a Standards of performance and compliance schedules.
60.25a Emission inventories, source surveillance, reports.
60.26a Legal authority.
60.27a Actions by the Administrator.
60.28a Plan revisions by the State.
60.29a Plan revisions by the Administrator.

           Subpart C_Emission Guidelines and Compliance Times

60.30 Scope.
60.31 Definitions.

Subpart Ca [Reserved]

Subpart Cb_Emissions Guidelines and Compliance Times for Large Municipal 
  Waste Combustors That Are Constructed on or Before September 20, 1994

60.30b Scope and delegation of authority.
60.31b Definitions.
60.32b Designated facilities.
60.33b Emission guidelines for municipal waste combustor metals, acid 
          gases, organics, and nitrogen oxides.
60.34b Emission guidelines for municipal waste combustor operating 
          practices.
60.35b Emission guidelines for municipal waste combustor operator 
          training and certification.
60.36b Emission guidelines for municipal waste combustor fugitive ash 
          emissions.
60.37b Emission guidelines for air curtain incinerators.
60.38b Compliance and performance testing.
60.39b Reporting and recordkeeping guidelines and compliance schedules.

Table 1 to Subpart Cb of Part 60--Nitrogen Oxides Guidelines for 
          Designated Facilities
Table 2 to Subpart Cb of Part 60--Nitrogen Oxides Limits for Existing 
          Designated Facilities Included in an Emissions Averaging Plan 
          at a Municipal Waste Combustor Plant
Table 3 to Subpart Cb of Part 60--Municipal Waste Combustor Operating 
          Guidelines

Subpart Cc_Emission Guidelines and Compliance Times for Municipal Solid 
                             Waste Landfills

60.30c Scope.
60.31c Definitions.
60.32c Designated facilities.
60.33c Emission guidelines for municipal solid waste landfill emissions.
60.34c Test methods and procedures.

[[Page 6]]

60.35c Reporting and recordkeeping guidelines.
60.36c Compliance times.

 Subpart Cd_Emissions Guidelines and Compliance Times for Sulfuric Acid 
                            Production Units

60.30d Designated facilities.
60.31d Emissions guidelines.
60.32d Compliance times.

    Subpart Ce_Emission Guidelines and Compliance Times for Hospital/
                  Medical/Infectious Waste Incinerators

60.30e Scope.
60.31e Definitions.
60.32e Designated facilities.
60.33e Emission guidelines.
60.34e Operator training and qualification guidelines.
60.35e Waste management guidelines.
60.36e Inspection guidelines.
60.37e Compliance, performance testing, and monitoring guidelines.
60.38e Reporting and recordkeeping guidelines.
60.39e Compliance times.

Table 1A to Subpart Ce of Part 60--Emissions Limits for Small, Medium, 
          and Large HMIWI at Designated Facilities as Defined in Sec.  
          60.32e(a)(1)
Table 1B to Subpart Ce of Part 60--Emissions Limits for Small, Medium, 
          and Large HMIWI at Designated Facilities as Defined in Sec.  
          60.32e(a)(1) and (a)(2)
Table 2A to Subpart Ce of Part 60--Emissions Limits for Small HMIWI 
          Which Meet the Criteria Under Sec.  60.33e(b)(1)
Table 2B to Subpart Ce of Part 60--Emissions Limits for Small HMIWI 
          Which Meet the Criteria Under Sec.  60.33e(b)(2)

Subpart Cf_Emission Guidelines and Compliance Times for Municipal Solid 
                             Waste Landfills

60.30f Scope and delegated authorities.
60.31f Designated facilities.
60.32f Compliance times.
60.33f Emission Guidelines for municipal solid waste landfill emissions.
60.34f Operational standards for collection and control systems.
60.35f Test methods and procedures.
60.36f Compliance provisions.
60.37f Monitoring of operations.
60.38f Reporting guidelines.
60.39f Recordkeeping guidelines.
60.40f Specifications for active collection systems.
60.41f Definitions.

     Subpart D_Standards of Performance for Fossil-Fuel-Fired Steam 
                               Generators

60.40 Applicability and designation of affected facility.
60.41 Definitions.
60.42 Standard for particulate matter (PM).
60.43 Standard for sulfur dioxide (SO2).
60.44 Standard for nitrogen oxides (NOX).
60.45 Emission and fuel monitoring.
60.46 Test methods and procedures.

     Subpart Da_Standards of Performance for Electric Utility Steam 
                            Generating Units

60.40Da Applicability and designation of affected facility.
60.41Da Definitions.
60.42Da Standard for particulate matter (PM).
60.43Da Standards for sulfur dioxide (SO2).
60.44Da Standards for nitrogen oxides (NOX).
60.45Da Alternative standards for combined nitrogen oxides 
          (NOX) and carbon monoxide (CO).
60.46Da [Reserved]
60.47Da Commercial demonstration permit.
60.48Da Compliance provisions.
60.49Da Emission monitoring.
60.50Da Compliance determination procedures and methods.
60.51Da Reporting requirements.
60.52Da Recordkeeping requirements.

     Subpart Db_Standards of Performance for Industrial-Commercial-
                  Institutional Steam Generating Units

60.40b Applicability and delegation of authority.
60.41b Definitions.
60.42b Standard for sulfur dioxide (SO2).
60.43b Standard for particulate matter (PM).
60.44b Standard for nitrogen oxides (NOX).
60.45b Compliance and performance test methods and procedures for sulfur 
          dioxide.
60.46b Compliance and performance test methods and procedures for 
          particulate matter and nitrogen oxides.
60.47b Emission monitoring for sulfur dioxide.
60.48b Emission monitoring for particulate matter and nitrogen oxides.
60.49b Reporting and recordkeeping requirements.

  Subpart Dc_Standards of Performance for Small Industrial-Commercial-
                  Institutional Steam Generating Units

60.40c Applicability and delegation of authority.
60.41c Definitions.
60.42c Standard for sulfur dioxide (SO2).

[[Page 7]]

60.43c Standard for particulate matter (PM).
60.44c Compliance and performance test methods and procedures for sulfur 
          dioxide.
60.45c Compliance and performance test methods and procedures for 
          particulate matter.
60.46c Emission monitoring for sulfur dioxide.
60.47c Emission monitoring for particulate matter.
60.48c Reporting and recordkeeping requirements.

 Subpart Ea_Standards of Performance for Municipal Waste Combustors for 
Which Construction Is Commenced After December 20, 1989 and On or Before 
                           September 20, 1994

60.50a Applicability and delegation of authority.
60.51a Definitions.
60.52a Standard for municipal waste combustor metals.
60.53a Standard for municipal waste combustor organics.
60.54a Standard for municipal waste combustor acid gases.
60.55a Standard for nitrogen oxides.
60.56a Standard for municipal waste combustor operating practices.
60.57a [Reserved]
60.58a Compliance and performance testing.
60.59a Reporting and recordkeeping requirements.

Subpart Eb_Standards of Performance for Large Municipal Waste Combustors 
  for Which Construction is Commenced After September 20, 1994 or for 
  Which Modification or Reconstruction is Commenced After June 19, 1996

60.50b Applicability and delegation of authority.
60.51b Definitions.
60.52b Standards for municipal waste combustor metals, acid gases, 
          organics, and nitrogen oxides.
60.53b Standards for municipal waste combustor operating practices.
60.54b Standards for municipal waste combustor operator training and 
          certification.
60.55b Standards for municipal waste combustor fugitive ash emissions.
60.56b Standards for air curtain incinerators.
60.57b Siting requirements.
60.58b Compliance and performance testing.
60.59b Reporting and recordkeeping requirements.

    Subpart Ec_Standards of Performance for New Stationary Sources: 
             Hospital/Medical/Infectious Waste Incinerators

60.50c Applicability and delegation of authority.
60.51c Definitions.
60.52c Emission limits.
60.53c Operator training and qualification requirements.
60.54c Siting requirements.
60.55c Waste management plan.
60.56c Compliance and performance testing.
60.57c Monitoring requirements.
60.58c Reporting and recordkeeping requirements.

Table 1 to Subpart Ec of Part 60--Emissions Limits for Small, Medium, 
          and Large HMIWI at Affected Facilities as Defined in Sec.  
          60.50c(a)(1) and (2)
Table 1A to Subpart Ec of Part 60--Emissions Limits for Small, Medium, 
          and Large HMIWI at Affected Facilities as Defined in Sec.  
          60.50c(a)(1) and (2)
Table 1B to Subpart Ec of Part 60--Emissions Limits for Small, Medium, 
          and Large HMIWI at Affected Facilities as Defined in Sec.  
          60.50c(a)(3) and (4)
Table 2 to Subpart Ec of Part 60--Toxic Equivalency Factors
Table 3 to Subpart Ec of Part 60--Operating Parameters To Be Monitored 
          and Minimum Measurement and Recording Frequencies

      Subpart F_Standards of Performance for Portland Cement Plants

60.60 Applicability and designation of affected facility.
60.61 Definitions.
60.62 Standard for particulate matter.
60.63 Monitoring of operations.
60.64 Test methods and procedures.
60.65 Recordkeeping and reporting requirements.
60.66 Delegation of authority.

        Subpart G_Standards of Performance for Nitric Acid Plants

60.70 Applicability and designation of affected facility.
60.71 Definitions.
60.72 Standard for nitrogen oxides.
60.73 Emission monitoring.

[[Page 8]]

60.74 Test methods and procedures.

  Subpart Ga_Standards of Performance for Nitric Acid Plants for Which 
 Construction, Reconstruction, or Modification Commenced After October 
                                14, 2011

60.70a Applicability and designation of affected facility.
60.71a Definitions.
60.72a Standards.
60.73a Emissions testing and monitoring.
60.74a Affirmative defense for violations of emission standards during 
          malfunction.
60.75a Calculations.
60.76a Recordkeeping.
60.77a Reporting.

       Subpart H_Standards of Performance for Sulfuric Acid Plants

60.80 Applicability and designation of affected facility.
60.81 Definitions.
60.82 Standard for sulfur dioxide.
60.83 Standard for acid mist.
60.84 Emission monitoring.
60.85 Test methods and procedures.

    Subpart I_Standards of Performance for Hot Mix Asphalt Facilities

60.90 Applicability and designation of affected facility.
60.91 Definitions.
60.92 Standard for particulate matter.
60.93 Test methods and procedures.

       Subpart J_Standards of Performance for Petroleum Refineries

60.100 Applicability, designation of affected facility, and 
          reconstruction.
60.101 Definitions.
60.102 Standard for particulate matter.
60.103 Standard for carbon monoxide.
60.104 Standards for sulfur oxides.
60.105 Monitoring of emissions and operations.
60.106 Test methods and procedures.
60.107 Reporting and recordkeeping requirements.
60.108 Performance test and compliance provisions.
60.109 Delegation of authority.

 Subpart Ja_Standards of Performance for Petroleum Refineries for Which 
 Construction, Reconstruction, or Modification Commenced After May 14, 
                                  2007

60.100a Applicability, designation of affected facility, and 
          reconstruction.
60.101a Definitions.
60.102a Emissions limitations.
60.103a Design, equipment, work practice or operational standards.
60.104a Performance tests.
60.105a Monitoring of emissions and operations for fluid catalytic 
          cracking units (FCCU) and fluid coking units (FCU).
60.106a Monitoring of emissions and operations for sulfur recovery 
          plants.
60.107a Monitoring of emissions and operations for fuel gas combustion 
          devices and flares.
60.108a Recordkeeping and reporting requirements.
60.109a Delegation of authority.

Table 1 to Subpart Ja of Part 60--Table 1 to subpart Ja of Part 60--
          Molar Exhaust Volumes and Molar Heat Content of Fuel Gas 
          Constituents

  Subpart K_Standards of Performance for Storage Vessels for Petroleum 
    Liquids for Which Construction, Reconstruction, or Modification 
        Commenced After June 11, 1973, and Prior to May 19, 1978

60.110 Applicability and designation of affected facility.
60.111 Definitions.
60.112 Standard for volatile organic compounds (VOC).
60.113 Monitoring of operations.

 Subpart Ka_Standards of Performance for Storage Vessels for Petroleum 
    Liquids for Which Construction, Reconstruction, or Modification 
        Commenced After May 18, 1978, and Prior to July 23, 1984

60.110a Applicability and designation of affected facility.
60.111a Definitions.
60.112a Standard for volatile organic compounds (VOC).
60.113a Testing and procedures.
60.114a Alternative means of emission limitation.
60.115a Monitoring of operations.

Subpart Kb_Standards of Performance for Volatile Organic Liquid Storage 
     Vessels (Including Petroleum Liquid Storage Vessels) for Which 
 Construction, Reconstruction, or Modification Commenced After July 23, 
                                  1984

60.110b Applicability and designation of affected facility.
60.111b Definitions.
60.112b Standard for volatile organic compounds (VOC).
60.113b Testing and procedures.
60.114b Alternative means of emission limitation.
60.115b Reporting and recordkeeping requirements.
60.116b Monitoring of operations.
60.117b Delegation of authority.


[[Page 9]]

     Subpart L_Standards of Performance for Secondary Lead Smelters

60.120 Applicability and designation of affected facility.
60.121 Definitions.
60.122 Standard for particulate matter.
60.123 Test methods and procedures.

   Subpart M_Standards of Performance for Secondary Brass and Bronze 
                            Production Plants

60.130 Applicability and designation of affected facility.
60.131 Definitions.
60.132 Standard for particulate matter.
60.133 Test methods and procedures.

  Subpart N_Standards of Performance for Primary Emissions from Basic 
Oxygen Process Furnances for Which Construction is Commenced After June 
                                11, 1973

60.140 Applicability and designation of affected facility.
60.141 Definitions.
60.142 Standard for particulate matter.
60.143 Monitoring of operations.
60.144 Test methods and procedures.

 Subpart Na_Standards of Performance for Secondary Emissions from Basic 
    Oxygen Process Steelmaking Facilities for Which Construction is 
                    Commenced After January 20, 1983

60.140a Applicability and designation of affected facilities.
60.141a Definitions.
60.142a Standards for particulate matter.
60.143a Monitoring of operations.
60.144a Test methods and procedures.
60.145a Compliance provisions.

     Subpart O_Standards of Performance for Sewage Treatment Plants

60.150 Applicability and designation of affected facility.
60.151 Definitions.
60.152 Standard for particulate matter.
60.153 Monitoring of operations.
60.154 Test methods and procedures.
60.155 Reporting.
60.156 Delegation of authority.

     Subpart P_Standards of Performance for Primary Copper Smelters

60.160 Applicability and designation of affected facility.
60.161 Definitions.
60.162 Standard for particulate matter.
60.163 Standard for sulfur dioxide.
60.164 Standard for visible emissions.
60.165 Monitoring of operations.
60.166 Test methods and procedures.

      Subpart Q_Standards of Performance for Primary Zinc Smelters

60.170 Applicability and designation of affected facility.
60.171 Definitions.
60.172 Standard for particulate matter.
60.173 Standard for sulfur dioxide.
60.174 Standard for visible emissions.
60.175 Monitoring of operations.
60.176 Test methods and procedures.

      Subpart R_Standards of Performance for Primary Lead Smelters

60.180 Applicability and designation of affected facility.
60.181 Definitions.
60.182 Standard for particulate matter.
60.183 Standard for sulfur dioxide.
60.184 Standard for visible emissions.
60.185 Monitoring of operations.
60.186 Test methods and procedures.

Subpart S_Standards of Performance for Primary Aluminum Reduction Plants

60.190 Applicability and designation of affected facility.
60.191 Definitions.
60.192 Standard for fluorides.
60.193 Standard for visible emissions.
60.194 Monitoring of operations.
60.195 Test methods and procedures.

    Subpart T_Standards of Performance for the Phosphate Fertilizer 
              Industry: Wet-Process Phosphoric Acid Plants

60.200 Applicability and designation of affected facility.
60.201 Definitions.
60.202 Standard for fluorides.
60.203 Monitoring of operations.
60.204 Test methods and procedures.
60.205 Recordkeeping.

    Subpart U_Standards of Performance for the Phosphate Fertilizer 
                  Industry: Superphosphoric Acid Plants

60.210 Applicability and designation of affected facility.
60.211 Definitions.
60.212 Standard for fluorides.
60.213 Monitoring of operations.
60.214 Test methods and procedures.
60.215 Recordkeeping.

    Subpart V_Standards of Performance for the Phosphate Fertilizer 
                  Industry: Diammonium Phosphate Plants

60.220 Applicability and designation of affected facility.

[[Page 10]]

60.221 Definitions.
60.222 Standard for fluorides.
60.223 Monitoring of operations.
60.224 Test methods and procedures.
60.225 Recordkeeping.

    Subpart W_Standards of Performance for the Phosphate Fertilizer 
                 Industry: Triple Superphosphate Plants

60.230 Applicability and designation of affected facility.
60.231 Definitions.
60.232 Standard for fluorides.
60.233 Monitoring of operations.
60.234 Test methods and procedures.
60.235 Recordkeeping.

    Subpart X_Standards of Performance for the Phosphate Fertilizer 
       Industry: Granular Triple Superphosphate Storage Facilities

60.240 Applicability and designation of affected facility.
60.241 Definitions.
60.242 Standard for fluorides.
60.243 Monitoring of operations.
60.244 Test methods and procedures.
60.245 Recordkeeping.

 Subpart Y_Standards of Performance for Coal Preparation and Processing 
                                 Plants

60.250 Applicability and designation of affected facility.
60.251 Definitions.
60.252 Standards for thermal dryers.
60.253 Standards for pneumatic coal-cleaning equipment.
60.254 Standards for coal processing and conveying equipment, coal 
          storage systems, transfer and loading systems, and open 
          storage piles.
60.255 Performance tests and other compliance requirements.
60.256 Continuous monitoring requirements.
60.257 Test methods and procedures.
60.258 Reporting and recordkeeping.

 Subpart Z_Standards of Performance for Ferroalloy Production Facilities

60.260 Applicability and designation of affected facility.
60.261 Definitions.
60.262 Standard for particulate matter.
60.263 Standard for carbon monoxide.
60.264 Emission monitoring.
60.265 Monitoring of operations.
60.266 Test methods and procedures.

   Subpart AA_Standards of Performance for Steel Plants: Electric Arc 
Furnaces Constructed After October 21, 1974 and On or Before August 17, 
                                  1983

60.270 Applicability and designation of affected facility.
60.271 Definitions.
60.272 Standard for particulate matter.
60.273 Emission monitoring.
60.274 Monitoring of operations.
60.275 Test methods and procedures.
60.276 Recordkeeping and reporting requirements.

  Subpart AAa_Standards of Performance for Steel Plants: Electric Arc 
  Furnaces and Argon-Oxygen Decarburization Vessels Constructed After 
                             August 7, 1983

60.270a Applicability and designation of affected facility.
60.271a Definitions.
60.272a Standard for particulate matter.
60.273a Emission monitoring.
60.274a Monitoring of operations.
60.275a Test methods and procedures.
60.276a Recordkeeping and reporting requirements.

        Subpart BB_Standards of Performance for Kraft Pulp Mills

60.280 Applicability and designation of affected facility.
60.281 Definitions.
60.282 Standard for particulate matter.
60.283 Standard for total reduced sulfur (TRS).
60.284 Monitoring of emissions and operations.
60.285 Test methods and procedures.

   Subpart BBa_Standards of Performance for Kraft Pulp Mill Affected 
    Sources for Which Construction, Reconstruction, or Modification 
                      Commenced After May 23, 2013

60.280a Applicability and designation of affected facility.
60.281a Definitions.
60.282a Standard for filterable particulate matter.
60.283a Standard for total reduced sulfur (TRS).
60.284a Monitoring of emissions and operations.
60.285a Test methods and procedures.
60.286a Affirmative defense for violations of emission standards during 
          malfunction.
60.287a Recordkeeping.
60.288a Reporting.

[[Page 11]]

   Subpart CC_Standards of Performance for Glass Manufacturing Plants

60.290 Applicability and designation of affected facility.
60.291 Definitions.
60.292 Standards for particulate matter.
60.293 Standards for particulate matter from glass melting furnace with 
          modified-processes.
60.294-60.295 [Reserved]
60.296 Test methods and procedures.

         Subpart DD_Standards of Performance for Grain Elevators

60.300 Applicability and designation of affected facility.
60.301 Definitions.
60.302 Standard for particulate matter.
60.303 Test methods and procedures.
60.304 Modifications.

    Subpart EE_Standards of Performance for Surface Coating of Metal 
                                Furniture

60.310 Applicability and designation of affected facility.
60.311 Definitions and symbols.
60.312 Standard for volatile organic compounds (VOC).
60.313 Performance tests and compliance provisions.
60.314 Monitoring of emissions and operations.
60.315 Reporting and recordkeeping requirements.
60.316 Test methods and procedures.

Subpart FF [Reserved]

     Subpart GG_Standards of Performance for Stationary Gas Turbines

60.330 Applicability and designation of affected facility.
60.331 Definitions.
60.332 Standard for nitrogen oxides.
60.333 Standard for sulfur dioxide.
60.334 Monitoring of operations.
60.335 Test methods and procedures.

    Subpart HH_Standards of Performance for Lime Manufacturing Plants

60.340 Applicability and designation of affected facility.
60.341 Definitions.
60.342 Standard for particulate matter.
60.343 Monitoring of emissions and operations.
60.344 Test methods and procedures.

Subpart KK_Standards of Performance for Lead-Acid Battery Manufacturing 
                                 Plants

60.370 Applicability and designation of affected facility.
60.371 Definitions.
60.372 Standards for lead.
60.373 Monitoring of emissions and operations.
60.374 Test methods and procedures.

  Subpart LL_Standards of Performance for Metallic Mineral Processing 
                                 Plants

60.380 Applicability and designation of affected facility.
60.381 Definitions.
60.382 Standard for particulate matter.
60.383 Reconstruction.
60.384 Monitoring of operations.
60.385 Recordkeeping and reporting requirements.
60.386 Test methods and procedures.

Subpart MM_Standards of Performance for Automobile and Light Duty Truck 
                       Surface Coating Operations

60.390 Applicability and designation of affected facility.
60.391 Definitions.
60.392 Standards for volatile organic compounds.
60.393 Performance test and compliance provisions.
60.394 Monitoring of emissions and operations.
60.395 Reporting and recordkeeping requirements.
60.396 Reference methods and procedures.
60.397 Modifications.
60.398 Innovative technology waivers.

      Subpart NN_Standards of Performance for Phosphate Rock Plants

60.400 Applicability and designation of affected facility.
60.401 Definitions.
60.402 Standard for particulate matter.
60.403 Monitoring of emissions and operations.
60.404 Test methods and procedures.

  Subpart PP_Standards of Performance for Ammonium Sulfate Manufacture

60.420 Applicability and designation of affected facility.
60.421 Definitions.
60.422 Standards for particulate matter.
60.423 Monitoring of operations.
60.424 Test methods and procedures.

   Subpart QQ_Standards of Performance for the Graphic Arts Industry: 
                    Publication Rotogravure Printing

60.430 Applicability and designation of affected facility.
60.431 Definitions and notations.

[[Page 12]]

60.432 Standard for volatile organic compounds.
60.433 Performance test and compliance provisions.
60.434 Monitoring of operations and recordkeeping.
60.435 Test methods and procedures.

  Subpart RR_Standards of Performance for Pressure Sensitive Tape and 
                    Label Surface Coating Operations

60.440 Applicability and designation of affected facility.
60.441 Definitions and symbols.
60.442 Standard for volatile organic compounds.
60.443 Compliance provisions.
60.444 Performance test procedures.
60.445 Monitoring of operations and recordkeeping.
60.446 Test methods and procedures.
60.447 Reporting requirements.

  Subpart SS_Standards of Performance for Industrial Surface Coating: 
                            Large Appliances

60.450 Applicability and designation of affected facility.
60.451 Definitions.
60.452 Standard for volatile organic compounds.
60.453 Performance test and compliance provisions.
60.454 Monitoring of emissions and operations.
60.455 Reporting and recordkeeping requirements.
60.456 Test methods and procedures.

   Subpart TT_Standards of Performance for Metal Coil Surface Coating

60.460 Applicability and designation of affected facility.
60.461 Definitions.
60.462 Standards for volatile organic compounds.
60.463 Performance test and compliance provisions.
60.464 Monitoring of emissions and operations.
60.465 Reporting and recordkeeping requirements.
60.466 Test methods and procedures.

 Subpart UU_Standards of Performance for Asphalt Processing and Asphalt 
                           Roofing Manufacture

60.470 Applicability and designation of affected facilities.
60.471 Definitions.
60.472 Standards for particulate matter.
60.473 Monitoring of operations.
60.474 Test methods and procedures.

 Subpart VV_Standards of Performance for Equipment Leaks of VOC in the 
      Synthetic Organic Chemicals Manufacturing Industry for which 
Construction, Reconstruction, or Modification Commenced After January 5, 
                 1981, and on or Before November 7, 2006

60.480 Applicability and designation of affected facility.
60.481 Definitions.
60.482-1 Standards: General.
60.482-2 Standards: Pumps in light liquid service.
60.482-3 Standards: Compressors.
60.482-4 Standards: Pressure relief devices in gas/vapor service.
60.482-5 Standards: Sampling connection systems.
60.482-6 Standards: Open-ended valves or lines.
60.482-7 Standards: Valves in gas/vapor service and in light liquid 
          service.
60.482-8 Standards: Pumps and valves in heavy liquid service, pressure 
          relief devices in light liquid or heavy liquid service, and 
          connectors.
60.482-9 Standards: Delay of repair.
60.482-10 Standards: Closed vent systems and control devices.
60.483-1 Alternative standards for valves--allowable percentage of 
          valves leaking.
60.483-2 Alternative standards for valves--skip period leak detection 
          and repair.
60.484 Equivalence of means of emission limitation.
60.485 Test methods and procedures.
60.486 Recordkeeping requirements.
60.487 Reporting requirements.
60.488 Reconstruction.
60.489 List of chemicals produced by affected facilities.

 Subpart VVa_Standards of Performance for Equipment Leaks of VOC in the 
      Synthetic Organic Chemicals Manufacturing Industry for Which 
 Construction, Reconstruction, or Modification Commenced After November 
                                 7, 2006

60.480a Applicability and designation of affected facility.
60.481a Definitions.
60.482-1a Standards: General.
60.482-2a Standards: Pumps in light liquid service.
60.482-3a Standards: Compressors.
60.482-4a Standards: Pressure relief devices in gas/vapor service.
60.482-5a Standards: Sampling connection systems.
60.482-6a Standards: Open-ended valves or lines.

[[Page 13]]

60.482-7a Standards: Valves in gas/vapor service and in light liquid 
          service.
60.482-8a Standards: Pumps, valves, and connectors in heavy liquid 
          service and pressure relief devices in light liquid or heavy 
          liquid service.
60.482-9a Standards: Delay of repair.
60.482-10a Standards: Closed vent systems and control devices.
60.482-11a Standards: Connectors in gas/vapor service and in light 
          liquid service.
60.483-1a Alternative standards for valves--allowable percentage of 
          valves leaking.
60.483-2a Alternative standards for valves--skip period leak detection 
          and repair.
60.484a Equivalence of means of emission limitation.
60.485a Test methods and procedures.
60.486a Recordkeeping requirements.
60.487a Reporting requirements.
60.488a Reconstruction.
60.489a List of chemicals produced by affected facilities.

Subpart WW_Standards of Performance for the Beverage Can Surface Coating 
                                Industry

60.490 Applicability and designation of affected facility.
60.491 Definitions.
60.492 Standards for volatile organic compounds.
60.493 Performance test and compliance provisions.
60.494 Monitoring of emissions and operations.
60.495 Reporting and recordkeeping requirements.
60.496 Test methods and procedures.

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

    Source: 36 FR 24877, Dec. 23, 1971, unless otherwise noted.



                      Subpart A_General Provisions



Sec.  60.1  Applicability.

    (a) Except as provided in subparts B and C, the provisions of this 
part apply to the owner or operator of any stationary source which 
contains an affected facility, the construction or modification of which 
is commenced after the date of publication in this part of any standard 
(or, if earlier, the date of publication of any proposed standard) 
applicable to that facility.
    (b) Any new or revised standard of performance promulgated pursuant 
to section 111(b) of the Act shall apply to the owner or operator of any 
stationary source which contains an affected facility, the construction 
or modification of which is commenced after the date of publication in 
this part of such new or revised standard (or, if earlier, the date of 
publication of any proposed standard) applicable to that facility.
    (c) In addition to complying with the provisions of this part, the 
owner or operator of an affected facility may be required to obtain an 
operating permit issued to stationary sources by an authorized State air 
pollution control agency or by the Administrator of the U.S. 
Environmental Protection Agency (EPA) pursuant to Title V of the Clean 
Air Act (Act) as amended November 15, 1990 (42 U.S.C. 7661). For more 
information about obtaining an operating permit see part 70 of this 
chapter.
    (d) Site-specific standard for Merck & Co., Inc.'s Stonewall Plant 
in Elkton, Virginia. (1) This paragraph applies only to the 
pharmaceutical manufacturing facility, commonly referred to as the 
Stonewall Plant, located at Route 340 South, in Elkton, Virginia 
(``site'').
    (2) Except for compliance with 40 CFR 60.49b(u), the site shall have 
the option of either complying directly with the requirements of this 
part, or reducing the site-wide emissions caps in accordance with the 
procedures set forth in a permit issued pursuant to 40 CFR 52.2454. If 
the site chooses the option of reducing the site-wide emissions caps in 
accordance with the procedures set forth in such permit, the 
requirements of such permit shall apply in lieu of the otherwise 
applicable requirements of this part.
    (3) Notwithstanding the provisions of paragraph (d)(2) of this 
section, for any provisions of this part except for Subpart Kb, the 
owner/operator of the site shall comply with the applicable provisions 
of this part if the Administrator determines that compliance with the 
provisions of this part is necessary for achieving the objectives of the 
regulation and the Administrator notifies the site in accordance with 
the provisions of the permit issued pursuant to 40 CFR 52.2454.

[40 FR 53346, Nov. 17, 1975, as amended at 55 FR 51382, Dec. 13, 1990; 
59 FR 12427, Mar. 16, 1994; 62 FR 52641, Oct. 8, 1997]

[[Page 14]]



Sec.  60.2  Definitions.

    The terms used in this part are defined in the Act or in this 
section as follows:
    Act means the Clean Air Act (42 U.S.C. 7401 et seq.)
    Administrator means the Administrator of the Environmental 
Protection Agency or his authorized representative.
    Affected facility means, with reference to a stationary source, any 
apparatus to which a standard is applicable.
    Alternative method means any method of sampling and analyzing for an 
air pollutant which is not a reference or equivalent method but which 
has been demonstrated to the Administrator's satisfaction to, in 
specific cases, produce results adequate for his determination of 
compliance.
    Approved permit program means a State permit program approved by the 
Administrator as meeting the requirements of part 70 of this chapter or 
a Federal permit program established in this chapter pursuant to Title V 
of the Act (42 U.S.C. 7661).
    Capital expenditure means an expenditure for a physical or 
operational change to an existing facility which exceeds the product of 
the applicable ``annual asset guideline repair allowance percentage'' 
specified in the latest edition of Internal Revenue Service (IRS) 
Publication 534 and the existing facility's basis, as defined by section 
1012 of the Internal Revenue Code. However, the total expenditure for a 
physical or operational change to an existing facility must not be 
reduced by any ``excluded additions'' as defined in IRS Publication 534, 
as would be done for tax purposes.
    Clean coal technology demonstration project means a project using 
funds appropriated under the heading `Department of Energy-Clean Coal 
Technology', up to a total amount of $2,500,000,000 for commercial 
demonstrations of clean coal technology, or similar projects funded 
through appropriations for the Environmental Protection Agency.
    Commenced means, with respect to the definition of new source in 
section 111(a)(2) of the Act, that an owner or operator has undertaken a 
continuous program of construction or modification or that an owner or 
operator has entered into a contractual obligation to undertake and 
complete, within a reasonable time, a continuous program of construction 
or modification.
    Construction means fabrication, erection, or installation of an 
affected facility.
    Continuous monitoring system means the total equipment, required 
under the emission monitoring sections in applicable subparts, used to 
sample and condition (if applicable), to analyze, and to provide a 
permanent record of emissions or process parameters.
    Electric utility steam generating unit means any steam electric 
generating unit that is constructed for the purpose of supplying more 
than one-third of its potential electric output capacity and more than 
25 MW electrical output to any utility power distribution system for 
sale. Any steam supplied to a steam distribution system for the purpose 
of providing steam to a steam-electric generator that would produce 
electrical energy for sale is also considered in determining the 
electrical energy output capacity of the affected facility.
    Equivalent method means any method of sampling and analyzing for an 
air pollutant which has been demonstrated to the Administrator's 
satisfaction to have a consistent and quantitatively known relationship 
to the reference method, under specified conditions.
    Excess Emissions and Monitoring Systems Performance Report is a 
report that must be submitted periodically by a source in order to 
provide data on its compliance with stated emission limits and operating 
parameters, and on the performance of its monitoring systems.
    Existing facility means, with reference to a stationary source, any 
apparatus of the type for which a standard is promulgated in this part, 
and the construction or modification of which was commenced before the 
date of proposal of that standard; or any apparatus which could be 
altered in such a way as to be of that type.
    Force majeure means, for purposes of Sec.  60.8, an event that will 
be or has been caused by circumstances beyond the control of the 
affected facility, its contractors, or any entity controlled by the 
affected facility that prevents the owner or operator from complying 
with

[[Page 15]]

the regulatory requirement to conduct performance tests within the 
specified timeframe despite the affected facility's best efforts to 
fulfill the obligation. Examples of such events are acts of nature, acts 
of war or terrorism, or equipment failure or safety hazard beyond the 
control of the affected facility.
    Isokinetic sampling means sampling in which the linear velocity of 
the gas entering the sampling nozzle is equal to that of the undisturbed 
gas stream at the sample point.
    Issuance of a part 70 permit will occur, if the State is the 
permitting authority, in accordance with the requirements of part 70 of 
this chapter and the applicable, approved State permit program. When the 
EPA is the permitting authority, issuance of a Title V permit occurs 
immediately after the EPA takes final action on the final permit.
    Malfunction means any sudden, infrequent, and not reasonably 
preventable failure of air pollution control equipment, process 
equipment, or a process to operate in a normal or usual manner. Failures 
that are caused in part by poor maintenance or careless operation are 
not malfunctions.
    Modification means any physical change in, or change in the method 
of operation of, an existing facility which increases the amount of any 
air pollutant (to which a standard applies) emitted into the atmosphere 
by that facility or which results in the emission of any air pollutant 
(to which a standard applies) into the atmosphere not previously 
emitted.
    Monitoring device means the total equipment, required under the 
monitoring of operations sections in applicable subparts, used to 
measure and record (if applicable) process parameters.
    Nitrogen oxides means all oxides of nitrogen except nitrous oxide, 
as measured by test methods set forth in this part.
    One-hour period means any 60-minute period commencing on the hour.
    Opacity means the degree to which emissions reduce the transmission 
of light and obscure the view of an object in the background.
    Owner or operator means any person who owns, leases, operates, 
controls, or supervises an affected facility or a stationary source of 
which an affected facility is a part.
    Part 70 permit means any permit issued, renewed, or revised pursuant 
to part 70 of this chapter.
    Particulate matter means any finely divided solid or liquid 
material, other than uncombined water, as measured by the reference 
methods specified under each applicable subpart, or an equivalent or 
alternative method.
    Permit program means a comprehensive State operating permit system 
established pursuant to title V of the Act (42 U.S.C. 7661) and 
regulations codified in part 70 of this chapter and applicable State 
regulations, or a comprehensive Federal operating permit system 
established pursuant to title V of the Act and regulations codified in 
this chapter.
    Permitting authority means:
    (1) The State air pollution control agency, local agency, other 
State agency, or other agency authorized by the Administrator to carry 
out a permit program under part 70 of this chapter; or
    (2) The Administrator, in the case of EPA-implemented permit 
programs under title V of the Act (42 U.S.C. 7661).
    Proportional sampling means sampling at a rate that produces a 
constant ratio of sampling rate to stack gas flow rate.
    Reactivation of a very clean coal-fired electric utility steam 
generating unit means any physical change or change in the method of 
operation associated with the commencement of commercial operations by a 
coal-fired utility unit after a period of discontinued operation where 
the unit:
    (1) Has not been in operation for the two-year period prior to the 
enactment of the Clean Air Act Amendments of 1990, and the emissions 
from such unit continue to be carried in the permitting authority's 
emissions inventory at the time of enactment;
    (2) Was equipped prior to shut-down with a continuous system of 
emissions control that achieves a removal efficiency for sulfur dioxide 
of no less than 85 percent and a removal efficiency for particulates of 
no less than 98 percent;

[[Page 16]]

    (3) Is equipped with low-NOX burners prior to the time of 
commencement of operations following reactivation; and
    (4) Is otherwise in compliance with the requirements of the Clean 
Air Act.
    Reference method means any method of sampling and analyzing for an 
air pollutant as specified in the applicable subpart.
    Repowering means replacement of an existing coal-fired boiler with 
one of the following clean coal technologies: atmospheric or pressurized 
fluidized bed combustion, integrated gasification combined cycle, 
magnetohydrodynamics, direct and indirect coal-fired turbines, 
integrated gasification fuel cells, or as determined by the 
Administrator, in consultation with the Secretary of Energy, a 
derivative of one or more of these technologies, and any other 
technology capable of controlling multiple combustion emissions 
simultaneously with improved boiler or generation efficiency and with 
significantly greater waste reduction relative to the performance of 
technology in widespread commercial use as of November 15, 1990. 
Repowering shall also include any oil and/or gas-fired unit which has 
been awarded clean coal technology demonstration funding as of January 
1, 1991, by the Department of Energy.
    Run means the net period of time during which an emission sample is 
collected. Unless otherwise specified, a run may be either intermittent 
or continuous within the limits of good engineering practice.
    Shutdown means the cessation of operation of an affected facility 
for any purpose.
    Six-minute period means any one of the 10 equal parts of a one-hour 
period.
    Standard means a standard of performance proposed or promulgated 
under this part.
    Standard conditions means a temperature of 293 K (68F) and a 
pressure of 101.3 kilopascals (29.92 in Hg).
    Startup means the setting in operation of an affected facility for 
any purpose.
    State means all non-Federal authorities, including local agencies, 
interstate associations, and State-wide programs, that have delegated 
authority to implement: (1) The provisions of this part; and/or (2) the 
permit program established under part 70 of this chapter. The term State 
shall have its conventional meaning where clear from the context.
    Stationary source means any building, structure, facility, or 
installation which emits or may emit any air pollutant.
    Title V permit means any permit issued, renewed, or revised pursuant 
to Federal or State regulations established to implement title V of the 
Act (42 U.S.C. 7661). A title V permit issued by a State permitting 
authority is called a part 70 permit in this part.
    Volatile Organic Compound means any organic compound which 
participates in atmospheric photochemical reactions; or which is 
measured by a reference method, an equivalent method, an alternative 
method, or which is determined by procedures specified under any 
subpart.

[44 FR 55173, Sept. 25, 1979, as amended at 45 FR 5617, Jan. 23, 1980; 
45 FR 85415, Dec. 24, 1980; 54 FR 6662, Feb. 14, 1989; 55 FR 51382, Dec. 
13, 1990; 57 FR 32338, July 21, 1992; 59 FR 12427, Mar. 16, 1994; 72 FR 
27442, May 16, 2007]



Sec.  60.3  Units and abbreviations.

    Used in this part are abbreviations and symbols of units of measure. 
These are defined as follows:
    (a) System International (SI) units of measure:

A--ampere
g--gram
Hz--hertz
J--joule
K--degree Kelvin
kg--kilogram
m--meter
m\3\--cubic meter
mg--milligram--10 -3 gram
mm--millimeter--10 -3 meter
Mg--megagram--10\6\ gram
mol--mole
N--newton
ng--nanogram--10 -9 gram
nm--nanometer--10 -9 meter
Pa--pascal
s--second
V--volt
W--watt
[ohm]--ohm
[micro]g--microgram--10 -6 gram

    (b) Other units of measure:

Btu--British thermal unit
 [deg]C--degree Celsius (centigrade)

[[Page 17]]

cal--calorie
cfm--cubic feet per minute
cu ft--cubic feet
dcf--dry cubic feet
dcm--dry cubic meter
dscf--dry cubic feet at standard conditions
dscm--dry cubic meter at standard conditions
eq--equivalent
[deg]F--degree Fahrenheit
ft--feet
gal--gallon
gr--grain
g-eq--gram equivalent
hr--hour
in--inch
k--1,000
l--liter
lpm--liter per minute
lb--pound
meq--milliequivalent
min--minute
ml--milliliter
mol. wt.--molecular weight
ppb--parts per billion
ppm--parts per million
psia--pounds per square inch absolute
psig--pounds per square inch gage
[deg]R--degree Rankine
scf--cubic feet at standard conditions
scfh--cubic feet per hour at standard conditions
scm--cubic meter at standard conditions
sec--second
sq ft--square feet
std--at standard conditions

    (c) Chemical nomenclature:

CdS--cadmium sulfide
CO--carbon monoxide
CO2--carbon dioxide
HCl--hydrochloric acid
Hg--mercury
H2O--water
H2S--hydrogen sulfide
H2SO4--sulfuric acid
N2--nitrogen
NO--nitric oxide
NO2--nitrogen dioxide
NOX--nitrogen oxides
O2--oxygen
SO2--sulfur dioxide
SO3--sulfur trioxide
SOX--sulfur oxides

    (d) Miscellaneous:

A.S.T.M.--American Society for Testing and Materials

[42 FR 37000, July 19, 1977; 42 FR 38178, July 27, 1977]



Sec.  60.4  Address.

    (a) All requests, reports, applications, submittals, and other 
communications to the Administrator pursuant to this part shall be 
submitted in duplicate to the appropriate Regional Office of the U.S. 
Environmental Protection Agency to the attention of the Director of the 
Division indicated in the following list of EPA Regional Offices.

Region I (Connecticut, Maine, Massachusetts, New Hampshire, Rhode 
Island, Vermont) Director, Enforcement and Compliance Assurance 
Division, U.S. EPA Region I, 5 Post Office Square--Suite 100 (04-2), 
Boston, MA 02109-3912, Attn: Air Compliance Clerk.
Region II (New Jersey, New York, Puerto Rico, Virgin Islands), Director, 
Air and Waste Management Division, U.S. Environmental Protection Agency, 
Federal Office Building, 26 Federal Plaza (Foley Square), New York, NY 
10278.
Region III (Delaware, District of Columbia, Maryland, Pennsylvania, 
Virginia, West Virginia), Director, Air Protection Division, Mail Code 
3AP00, 1650 Arch Street, Philadelphia, PA 19103-2029.
Region IV (Alabama, Florida, Georgia, Kentucky, Mississippi, North 
Carolina, South Carolina, Tennessee), Director, Air, Pesticides and 
Toxics Management Division, U.S. Environmental Protection Agency, 61 
Forsyth St. SW., Suite 9T43, Atlanta, Georgia 30303-8960.
Region V (Illinois, Indiana, Michigan, Minnesota, Ohio, Wisconsin), 
Director, Air and Radiation Division, U.S. Environmental Protection 
Agency, 77 West Jackson Boulevard, Chicago, IL 60604-3590.
Region VI (Arkansas, Louisiana, New Mexico, Oklahoma, Texas); Director; 
Enforcement and Compliance Assurance Division; U.S. Environmental 
Protection Agency, 1201 Elm Street, Suite 500, Mail Code 6ECD, Dallas, 
Texas 75270-2102.
Region VII (Iowa, Kansas, Missouri, Nebraska), Director, Air and Waste 
Management Division, 11201 Renner Boulevard, Lenexa, Kansas 66219.
Region VIII (Colorado, Montana, North Dakota, South Dakota, Utah, 
Wyoming) Director, Air and Toxics Technical Enforcement Program, Office 
of Enforcement, Compliance and Environmental Justice, Mail Code 8ENF-AT, 
1595 Wynkoop Street, Denver, CO 80202-1129.
Region IX (Arizona, California, Hawaii and Nevada; the territories of 
American Samoa and Guam; the Commonwealth of the Northern Mariana 
Islands; the territories of Baker Island, Howland Island, Jarvis Island, 
Johnston Atoll, Kingman Reef, Midway Atoll, Palmyra Atoll, and Wake 
Islands; and certain U.S. Government activities in the freely associated 
states of the

[[Page 18]]

Republic of the Marshall Islands, the Federated States of Micronesia, 
and the Republic of Palau), Director, Air Division, U.S. Environmental 
Protection Agency, 75 Hawthorne Street, San Francisco, CA 94105.
Region X (Alaska, Oregon, Idaho, Washington), Director, Air and Waste 
Management Division, U.S. Environmental Protection Agency, 1200 Sixth 
Avenue, Seattle, WA 98101.

    (b) Section 111(c) directs the Administrator to delegate to each 
State, when appropriate, the authority to implement and enforce 
standards of performance for new stationary sources located in such 
State. All information required to be submitted to EPA under paragraph 
(a) of this section, must also be submitted to the appropriate State 
Agency of any State to which this authority has been delegated 
(provided, that each specific delegation may except sources from a 
certain Federal or State reporting requirement). The appropriate mailing 
address for those States whose delegation request has been approved is 
as follows:
    (1) [Reserved]
    (2) State of Alabama: Alabama Department of Environmental 
Management, P.O. Box 301463, Montgomery, Alabama 36130-1463.
    (3) State of Alaska, Department of Environmental Conservation, Pouch 
O, Juneau, AK 99811.
    (4) Arizona:

Arizona Department of Environmental Quality, 1110 West Washington 
Street, Phoenix, AZ 85007.
Maricopa County Air Quality Department, 1001 North Central Avenue, Suite 
900, Phoenix, AZ 85004.
Pima County Department of Environmental Quality, 33 North Stone Avenue, 
Suite 700, Tucson, AZ 85701.
Pinal County Air Quality Control District, 31 North Pinal Street, 
Building F, Florence, AZ 85132.

    Note: For tables listing the delegation status of agencies in Region 
IX, see paragraph (d) of this section.

    (5) State of Arkansas: Chief, Division of Air Pollution Control, 
Arkansas Department of Pollution Control and Ecology, 8001 National 
Drive, P.O. Box 9583, Little Rock, AR 72209.
    (6) California:

Amador County Air Pollution Control District, 12200-B Airport Road, 
Jackson, CA 95642.
Antelope Valley Air Quality Management District, 43301 Division Street, 
Suite 206, Lancaster, CA 93535.
Bay Area Air Quality Management District, 939 Ellis Street, San 
Francisco, CA 94109.
Butte County Air Quality Management District, 2525 Dominic Drive, Suite 
J, Chico, CA 95928.
Calaveras County Air Pollution Control District, 891 Mountain Ranch 
Road, San Andreas, CA 95249.
Colusa County Air Pollution Control District, 100 Sunrise Blvd., Suite 
A-3, Colusa, CA 95932-3246.
El Dorado County Air Quality Management District, 2850 Fairlane Court, 
Bldg. C, Placerville, CA 95667-4100.
Eastern Kern Air Pollution Control District, 2700 ``M'' Street, Suite 
302, Bakersfield, CA 93301-2370.
Feather River Air Quality Management District, 1007 Live Oak Blvd., 
Suite B-3, Yuba City, CA 95991.
Glenn County Air Pollution Control District, 720 N. Colusa Street, P.O. 
Box 351, Willows, CA 95988-0351.
Great Basin Unified Air Pollution Control District, 157 Short Street, 
Suite 6, Bishop, CA 93514-3537.
Imperial County Air Pollution Control District, 150 South Ninth Street, 
El Centro, CA 92243-2801.
Lake County Air Quality Management District, 885 Lakeport Blvd., 
Lakeport, CA 95453-5405.
Lassen County Air Pollution Control District, 707 Nevada Street, Suite 
1, Susanville, CA 96130.
Mariposa County Air Pollution Control District, P.O. Box 5, Mariposa, CA 
95338.
Mendocino County Air Quality Management District, 306 E. Gobbi Street, 
Ukiah, CA 95482-5511.
Modoc County Air Pollution Control District, 619 North Main Street, 
Alturas, CA 96101.
Mojave Desert Air Quality Management District, 14306 Park Avenue, 
Victorville, CA 92392-2310.
Monterey Bay Unified Air Pollution Control District, 24580 Silver Cloud 
Court, Monterey, CA 93940.
North Coast Unified Air Quality Management District, 2300 Myrtle Avenue, 
Eureka, CA 95501-3327.
Northern Sierra Air Quality Management District, 200 Litton Drive, Suite 
320, P.O. Box 2509, Grass Valley, CA 95945-2509.
Northern Sonoma County Air Pollution Control District, 150 Matheson 
Street, Healdsburg, CA 95448-4908.
Placer County Air Pollution Control District, 3091 County Center Drive, 
Suite 240, Auburn, CA 95603.
Sacramento Metropolitan Air Quality Management District, 777 12th 
Street, Third Floor, Sacramento, CA 95814-1908.

[[Page 19]]

San Diego County Air Pollution Control District, 10124 Old Grove Road, 
San Diego, CA 92131-1649.
San Joaquin Valley Air Pollution Control District, 1990 E. Gettysburg, 
Fresno, CA 93726.
San Luis Obispo County Air Pollution Control District, 3433 Roberto 
Court, San Luis Obispo, CA 93401-7126.
Santa Barbara County Air Pollution Control District, 260 North San 
Antonio Road, Suite A, Santa Barbara, CA 93110-1315.
Shasta County Air Quality Management District, 1855 Placer Street, Suite 
101, Redding, CA 96001-1759.
Siskiyou County Air Pollution Control District, 525 So. Foothill Drive, 
Yreka, CA 96097-3036.
South Coast Air Quality Management District, 21865 Copley Drive, Diamond 
Bar, CA 91765-4182.
Tehama County Air Pollution Control District, P.O. Box 8069 (1750 Walnut 
Street), Red Bluff, CA 96080-0038.
Tuolumne County Air Pollution Control District, 22365 Airport, Columbia, 
CA 95310.
Ventura County Air Pollution Control District, 669 County Square Drive, 
2nd Floor, Ventura, CA 93003-5417.
Yolo-Solano Air Quality Management District, 1947 Galileo Court, Suite 
103, Davis, CA 95616-4882.

    Note: For tables listing the delegation status of agencies in Region 
IX, see paragraph (d) of this section.

    (7) State of Colorado, Department of Public Health and Environment, 
4300 Cherry Creek Drive South, Denver, CO 80222-1530.

    Note: For a table listing Region VIII's NSPS delegation status, see 
paragraph (c) of this section.

    (8) State of Connecticut, Compliance Analysis and Coordination Unit, 
Bureau of Air Management, Department of Energy and Environmental 
Protection, 79 Elm Street, 5th Floor, Hartford, CT 06106-5127.
    (9) State of Delaware, Department of Natural Resources & 
Environmental Control, 89 Kings Highway, P.O. Box 1401, Dover, Delaware 
19903.
    (10) District of Columbia, Department of Public Health, Air Quality 
Division, 51 N Street, NE., Washington, DC 20002.
    (11) State of Florida: Florida Department of Environmental 
Protection, Division of Air Resources Management, 2600 Blair Stone Road, 
MS 5500, Tallahassee, Florida 32399-2400.
    (12) State of Georgia: Georgia Department of Natural Resources, 
Environmental Protection Division, Air Protection Branch, 4244 
International Parkway, Suite 120, Atlanta, Georgia 30354.
    (13) Hawaii:

Clean Air Branch, Hawaii Department of Health, 919 Ala Moana Blvd., 
Suite 203, Honolulu, HI 96814.

    Note: For tables listing the delegation status of agencies in Region 
IX, see paragraph (d) of this section.

    (14) State of Idaho, Department of Health and Welfare, Statehouse, 
Boise, ID 83701.
    (15) State of Illinois: Illinois Environmental Protection Agency, 
1021 North Grand Avenue East, Springfield, Illinois 62794.
    (16) State of Indiana: Indiana Department of Environmental 
Management, Office of Air Quality, 100 North Senate Avenue, 
Indianapolis, Indiana 46204.
    (17) State of Iowa: Iowa Department of Natural Resources, 
Environmental Protection Division, Air Quality Bureau, 7900 Hickman 
Road, Suite 1, Urbandale, IA 50322.
    (18) State of Kansas: Kansas Department of Health and Environment, 
Bureau of Air and Radiation, 1000 S.W. Jackson, Suite 310, Topeka, KS 
66612-1366.
    (19) Commonwealth of Kentucky: Kentucky Department for Environmental 
Protection, Division for Air Quality, 300 Sower Boulevard, 2nd Floor, 
Frankfort, Kentucky 40601 or local agency, Louisville Metro Air 
Pollution Control District, 701 W. Ormsby Ave., Suite 303, Louisville, 
Kentucky 40203.
    (20) State of Louisiana: Louisiana Department of Environmental 
Quality, P.O. Box 4301, Baton Rouge, Louisiana 70821-4301.

    Note: For a list of delegated standards for Louisiana (excluding 
Indian country), see paragraph (e)(2) of this section.

    (21) State of Maine, Maine Department of Environmental Protection, 
Bureau of Air Quality, 17 State House Station, Augusta, ME 04333-0017.
    (22) State of Maryland, Department of the Environment, 1800 
Washington Boulevard, Suite 705, Baltimore, Maryland 21230.

[[Page 20]]

    (23) Commonwealth of Massachusetts, Massachusetts Department of 
Environmental Protection, Division of Air and Climate Programs, One 
Winter Street, Boston, MA 02108.
    (24) State of Michigan: Michigan Department of Natural Resources and 
Environment, Air Quality Division, P.O. Box 30028, Lansing, Michigan 
48909.
    (25) State of Minnesota: Minnesota Pollution Control Agency, 
Division of Air Quality, 520 Lafayette Road North, St. Paul, Minnesota 
55155.
    (26) State of Mississippi: Hand Deliver or Courier: Mississippi 
Department of Environmental Quality, Office of Pollution Control, Air 
Division, 515 East Amite Street, Jackson, Mississippi 39201, Mailing 
Address: Mississippi Department of Environmental Quality, Office of 
Pollution Control, Air Division, P.O. Box 2261, Jackson, Mississippi 
39225.
    (27) State of Missouri: Missouri Department of Natural Resources, 
Division of Environmental Quality, P.O. Box 176, Jefferson City, MO 
65102.
    (28) State of Montana, Department of Environmental Quality, 1520 E. 
6th Ave., PO Box 200901, Helena, MT 59620-0901.

    Note: For a table listing Region VIII's NSPS delegation status, see 
paragraph (c) of this section.

    (29) State of Nebraska, Nebraska Department of Environmental 
Control, P.O. Box 94877, State House Station, Lincoln, NE 68509.
Lincoln-Lancaster County Health Department, Division of Environmental 
    Health, 2200 St. Marys Avenue, Lincoln, NE 68502
    (30) Nevada:

Nevada Division of Environmental Protection, 901 South Stewart Street, 
Suite 4001, Carson City, NV 89701-5249.
Clark County Department of Air Quality and Environmental Management, 500 
S. Grand Central Parkway, 1st Floor, P.O. Box 555210, Las Vegas, NV 
89155-5210.
Washoe County Health District, Air Quality Management Division, 1001 E. 
9th Street, Building A, Suite 115A, Reno, NV 89520.

    Note: For tables listing the delegation status of agencies in Region 
IX, see paragraph (d) of this section.

    (31) State of New Hampshire, New Hampshire Department of 
Environmental Services, Air Resources Division, 29 Hazen Drive, P.O. Box 
95, Concord, NH 03302-0095.
    (32) State of New Jersey: New Jersey Department of Environmental 
Protection, Division of Environmental Quality, Enforcement Element, John 
Fitch Plaza, CN-027, Trenton, NJ 08625.
    (1) The following table lists the specific source and pollutant 
categories that have been delegated to the states in Region II. The (X) 
symbol is used to indicate each category that has been delegated.

----------------------------------------------------------------------------------------------------------------
                                                                           State
                        Subpart          -----------------------------------------------------------------------
                                             New Jersey         New York         Puerto Rico     Virgin Islands
----------------------------------------------------------------------------------------------------------------
D             Fossil-Fuel Fired Steam     X...............  X...............  X...............  X
               Generators for Which
               Construction Commenced
               After August 17, 1971
               (Steam Generators and
               Lignite Fired Steam
               Generators).
Da            Electric Utility Steam      X...............                    X...............
               Generating Units for
               Which Construction
               Commenced After September
               18, 1978.
Db            Industrial-Commercial-      X...............  X...............  X...............  X
               Institutional Steam
               Generating Units.
E             Incinerators..............  X...............  X...............  X...............  X
F             Portland Cement Plants....  X...............  X...............  X...............  X
G             Nitric Acid Plants........  X...............  X...............  X...............  X
H             Sulfuric Acid Plants......  X...............  X...............  X...............  X
I             Asphalt Concrete Plants...  X...............  X...............  X...............  X
J             Petroleum Refineries--(All  X...............  X...............  X...............  X
               Categories).
K             Storage Vessels for         X...............  X...............  X...............  X
               Petroleum Liquids
               Constructed After June
               11, 1973, and prior to
               May 19, 1978.
Ka            Storage Vessels for         X...............  X...............  X...............
               Petroleum Liquids
               Constructed After May 18,
               1978.
L             Secondary Lead Smelters...  X...............  X...............  X...............  X
M             Secondary Brass and Bronze  X...............  X...............  X...............  X
               Ingot Production Plants.
N             Iron and Steel Plants.....  X...............  X...............  X...............  X
O             Sewage Treatment Plants...  X...............  X...............  X...............  X
P             Primary Copper Smelters...  X...............  X...............  X...............  X
Q             Primary Zinc Smelters.....  X...............  X...............  X...............  X
R             Primary Lead Smelters.....  X...............  X...............  X...............  X
S             Primary Aluminum Reduction  X...............  X...............  X...............  X
               Plants.

[[Page 21]]

 
T             Phosphate Fertilizer        X...............  X...............  X...............  X
               Industry: Wet Process
               Phosphoric Acid Plants.
U             Phosphate Fertilizer        X...............  X...............  X...............  X
               Industry: Superphosphoric
               Acid Plants.
V             Phosphate Fertilizer        X...............  X...............  X...............  X
               Industry: Diammonium
               Phosphate Plants.
W             Phosphate Fertilizer        X...............  X...............  X...............  X
               Industry: Triple
               Superphosphate Plants.
X             Phosphate Fertilizer        X...............  X...............  X...............  X
               Industry: Granular Triple
               Superphosphate.
Y             Coal Preparation Plants...  X...............  X...............  X...............  X
Z             Ferroally Production        X...............  X...............  X...............  X
               Facilities.
AA            Steel Plants: Electric Arc  X...............  X...............  X...............  X
               Furnaces.
AAa           Electric Arc Furnaces and   X...............  X...............  X...............
               Argon-Oxygen
               Decarburization Vessels
               in Steel Plants.
BB            Kraft Pulp Mills..........  X...............  X...............  X...............
CC            Glass Manufacturing Plants  X...............  X...............  X...............
DD            Grain Elevators...........  X...............  X...............  X...............
EE            Surface Coating of Metal    X...............  X...............  X...............
               Furniture.
GG            Stationary Gas Turbines...  X...............  X...............  X...............
HH            Lime Plants...............  X...............  X...............  X...............
KK            Lead Acid Battery           X...............  X...............
               Manufacturing Plants.
LL            Metallic Mineral            X...............  X...............  X...............
               Processing Plants.
MM            Automobile and Light-Duty   X...............  X...............
               Truck Surface Coating
               Operations.
NN            Phosphate Rock Plants.....  X...............  X...............
PP            Ammonium Sulfate            X...............  X...............
               Manufacturing Plants.
QQ            Graphic Art Industry        X...............  X...............  X...............  X
               Publication Rotogravure
               Printing.
RR            Pressure Sensitive Tape     X...............  X...............  X...............
               and Label Surface Coating
               Operations.
SS            Industrial Surface          X...............  X...............  X...............
               Coating: Large Appliances.
TT            Metal Coil Surface Coating  X...............  X...............  X...............
UU            Asphalt Processing and      X...............  X...............  X...............
               Asphalt Roofing
               Manufacture.
VV            Equipment Leaks of          X...............                    X...............
               Volatile Organic
               Compounds in Synthetic
               Organic Chemical
               Manufacturing Industry.
WW            Beverage Can Surface        X...............  X...............  X...............
               Coating Industry.
XX            Bulk Gasoline Terminals...  X...............  X...............  X...............
FFF           Flexible Vinyl and          X...............  X...............  X...............
               Urethane Coating and
               Printing.
GGG           Equipment Leaks of VOC in   X...............                    X...............
               Petroleum Refineries.
HHH           Synthetic Fiber Production  X...............                    X...............
               Facilities.
JJJ           Petroleum Dry Clearners...  X...............  X...............  X...............
KKK           Equipment Leaks of VOC
               from Onshore Natural Gas
               Processing Plants.
LLL           Onshore Natural Gas                           X...............
               Processing Plants; SO2
               Emissions.
OOO           Nonmetallic Mineral                           X...............  X...............
               Processing Plants.
PPP           Wool Fiberglass Insulation                    X...............  X...............
               Manufacturing Plants.
----------------------------------------------------------------------------------------------------------------

    (33) State of New Mexico: New Mexico Environment Department, P.O. 
Box 5469, Santa Fe, New Mexico 87502-5469. Note: For a list of delegated 
standards for New Mexico (excluding Bernalillo County and Indian 
country), see paragraph (e)(1) of this section.
    (34) New York: New York State Department of Environmental 
Conservation, 50 Wolf Road Albany, New York 12233, attention: Division 
of Air Resources.
    (35) State of North Carolina: North Carolina Department of 
Environmental Quality, Division of Air Quality, 1641 Mail Service 
Center, Raleigh, North Carolina 27699-1641 or local agencies, Forsyth 
County Office of Environmental Assistance and Protection, 201 North 
Chestnut Street, Winston-Salem, North Carolina 27101-4120; Mecklenburg 
County Land Use and Environmental Services Agency, Air Quality, 2145 
Suttle Avenue, Charlotte, North Carolina 28208; Western North Carolina 
Regional Air Quality Agency, 125 S. Lexington Ave., Suite 101, 
Asheville, North Carolina 28801-3661.
    (36) State of North Dakota, North Dakota Department of Environmental 
Quality, 918 East Divide Avenue, Bismarck, ND 58501-1947.

    Note: For a table listing Region VIII's NSPS delegation status, see 
paragraph (c) of this section.

    (37) State of Ohio:
    (i) Medina, Summit and Portage Counties; Director, Akron Regional 
Air Quality Management District, 146 South High Street, Room 904, Akron, 
OH 44308.

[[Page 22]]

    (ii) Stark County; Director, Canton City Health Department, Air 
Pollution Control Division, 420 Market Avenue North, Canton, Ohio 44702-
1544.
    (iii) Butler, Clermont, Hamilton, and Warren Counties; Director, 
Hamilton County Department of Environmental Services, 250 William Howard 
Taft Road, Cincinnati, Ohio 45219-2660.
    (iv) Cuyahoga County; Commissioner, Cleveland Department of Public 
Health, Division of Air Quality, 75 Erieview Plaza 2nd Floor, Cleveland, 
Ohio 44114.
    (v) Clark, Darke, Greene, Miami, Montgomery, and Preble Counties; 
Director, Regional Air Pollution Control Agency, 117 South Main Street, 
Dayton, Ohio 45422-1280.
    (vi) Lucas County and the City of Rossford (in Wood County); 
Director, City of Toledo, Division of Environmental Services, 348 South 
Erie Street, Toledo, OH 43604.
    (vii) Adams, Brown, Lawrence, and Scioto Counties; Portsmouth Local 
Air Agency, 605 Washington Street, Third Floor, Portsmouth, OH 45662.
    (viii) Allen, Ashland, Auglaize, Crawford, Defiance, Erie, Fulton, 
Hancock, Hardin, Henry, Huron, Marion, Mercer, Ottawa, Paulding, Putnam, 
Richland, Sandusky, Seneca, Van Wert Williams, Wood (Except City of 
Rossford), and Wyandot Counties; Ohio Environmental Protection Agency, 
Northwest District Office, Air Pollution Control, 347 North Dunbridge 
Road, Bowling Green, Ohio 43402.
    (ix) Ashtabula, Caroll, Colombiana, Holmes, Lorain, and Wayne 
Counties; Ohio Environmental Protection Agency, Northeast District 
Office, Air Pollution Unit, 2110 East Aurora Road, Twinsburg, OH 44087.
    (x) Athens, Belmont, Coshocton, Gallia, Guemsey, Harrison, Hocking, 
Jackson, Jefferson, Meigs, Monroe, Morgan, Muskingum, Noble, Perry, 
Pike, Ross, Tuscarawas, Vinton, and Washington Counties; Ohio 
Environmental Protection Agency, Southeast District Office, Air 
Pollution Unit, 2195 Front Street, Logan, OH 43138.
    (xi) Champaign, Clinton, Highland, Logan, and Shelby Counties; Ohio 
Environmental Protection Agency, Southwest District Office, Air 
Pollution Unit, 401 East Fifth Street, Dayton, Ohio 45402-2911.
    (xii) Delaware, Fairfield, Fayette, Franklin, Knox, Licking, 
Madison, Morrow, Pickaway, and Union Counties; Ohio Environmental 
Protection Agency, Central District Office, Air Pollution control, 50 
West Town Street, Suite 700, Columbus, Ohio 43215.
    (xiii) Geauga and Lake Counties; Lake County General Health 
District, Air Pollution Control, 33 Mill Street, Painesville, OH 44077.
    (xiv) Mahoning and Trumbull Counties; Mahoning-Trumbull Air 
Pollution Control Agency, 345 Oak Hill Avenue, Suite 200, Youngstown, OH 
44502.
    (38) State of Oklahoma, Oklahoma State Department of Health, Air 
Quality Service, P.O. Box 53551, Oklahoma City, OK 73152.
    (i) Oklahoma City and County: Director, Oklahoma City-County Health 
Department, 921 Northeast 23rd Street, Oklahoma City, OK 73105.
    (ii) Tulsa County: Tulsa City-County Health Department, 4616 East 
Fifteenth Street, Tulsa, OK 74112.
    (39) State of Oregon. (i) Oregon Department of Environmental Quality 
(ODEQ), 811 SW Sixth Avenue, Portland, OR 97204-1390, http://
www.deq.state.or.us.
    (ii) Lane Regional Air Pollution Authority (LRAPA), 1010 Main 
Street, Springfield, Oregon 97477, http://www.lrapa.org.
    (40)(i) City of Philadelphia, Department of Public Health, Air 
Management Services, 321 University Avenue, Philadelphia, Pennsylvania 
19104.
    (ii) Commonwealth of Pennsylvania, Department of Environmental 
Protection, Bureau of Air Quality Control, P.O. Box 8468, 400 Market 
Street, Harrisburg, Pennsylvania 17105.
    (iii) Allegheny County Health Department, Bureau of Environmental 
Quality, Division of Air Quality, 301 39th Street, Pittsburgh, 
Pennsylvania 15201.
    (41) State of Rhode Island, Rhode Island Department of Environmental 
Management, Office of Air Resources, 235 Promenade Street, Providence, 
RI 02908.

[[Page 23]]

    (42) State of South Carolina: South Carolina Department of Health 
and Environmental Control, 2600 Bull Street, Columbia, South Carolina 
29201.
    (43) State of South Dakota, Air Quality Program, Department of 
Environment and Natural Resources, Joe Foss Building, 523 East Capitol, 
Pierre, SD 57501-3181.

    Note: For a table listing Region VIII's NSPS delegation status, see 
paragragh (c) of this section.

    (44) State of Tennessee: Tennessee Department of Environment and 
Conservation, Division of Air Pollution Control, William R. Snodgrass 
Tennessee Tower, 312 Rosa L. Parks Avenue, 15th Floor, Nashville, 
Tennessee 37243, or local agencies, Knox County Air Quality Management--
Department of Public Health, 140 Dameron Avenue, Knoxville, Tennessee 
37917; Metro Public Health Department, Pollution Control Division, 2500 
Charlotte Ave., Nashville, Tennessee 37209; Chattanooga-Hamilton County 
Air Pollution Control Bureau, 6125 Preservation Drive, Chattanooga, 
Tennessee 37416; Shelby County Health Department, Pollution Control 
Section, 814 Jefferson Avenue, Memphis, Tennessee 38105.
    (45) State of Texas, Texas Air Control Board, 6330 Highway 290 East, 
Austin, TX 78723.
    (46) State of Utah, Division of Air Quality, Department of 
Environmental Quality, P.O. Box 144820, Salt Lake City, UT 84114-4820.

    Note: For a table listing Region VIII's NSPS delegation status, see 
paragraph (c) of this section.

    (47) State of Vermont, Agency of Natural Resources, Department of 
Environmental Conservation, Air Quality and Climate Division, Davis 2, 
One National Life Drive, Montpelier, VT 05620-3802.
    (48) Commonwealth of Virginia, Department of Environmental Quality, 
629 East Main Street, Richmond, Virginia 23219.
    (49) State of Washington. (i) Washington State Department of Ecology 
(Ecology), P.O. Box 47600, Olympia, WA 98504-7600, http://
www.ecy.wa.gov/
    (ii) Benton Clean Air Authority (BCAA), 650 George Washington Way, 
Richland, WA 99352-4289, http://www.bcaa.net/
    (iii) Northwest Air Pollution Control Authority (NWAPA), 1600 South 
Second St., Mount Vernon, WA 98273-5202, http://www.nwair.org/
    (iv) Olympic Regional Clean Air Agency (ORCAA), 909 Sleater-Kinney 
Road S.E., Suite 1, Lacey, WA 98503-1128, http://www.orcaa.org/
    (v) Puget Sound Clean Air Agency (PSCAA), 110 Union Street, Suite 
500, Seattle, WA 98101-2038, http://www.pscleanair.org/
    (vi) Spokane County Air Pollution Control Authority (SCAPCA), West 
1101 College, Suite 403, Spokane, WA 99201, http://www.scapca.org/
    (vii) Southwest Clean Air Agency (SWCAA), 1308 NE. 134th St., 
Vancouver, WA 98685-2747, http://www.swcleanair.org/
    (viii) Yakima Regional Clean Air Authority (YRCAA), 6 South 2nd 
Street, Suite 1016, Yakima, WA 98901, http://co.yakima.wa.us/cleanair /
default.htm
    (ix) The following table lists the delegation status of the New 
Source Performance Standards for the State of Washington. An ``X'' 
indicates the subpart has been delegated, subject to all the conditions 
and limitations set forth in Federal law and the letters granting 
delegation. Some authorities cannot be delegated and are retained by 
EPA. Refer to the letters granting delegation for a discussion of these 
retained authorities. The dates noted at the end of the table indicate 
the effective dates of Federal rules that have been delegated. Authority 
for implementing and enforcing any amendments made to these rules after 
these effective dates are not delegated.

                                                   NSPS Subparts Delegated to Washington Air Agencies
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                    Washington
                                                         -----------------------------------------------------------------------------------------------
                       Subpart \1\                          Ecology
                                                              \2\      BCAA \3\    NWAPA \4\   ORCAA \5\   PSCAA \6\  SCAPCA \7\   SWCAA \8\   YRCAA \9\
--------------------------------------------------------------------------------------------------------------------------------------------------------
A General Provisions....................................          X           X           X           X           X           X           X           X

[[Page 24]]

 
B Adoption and Submittal of State Plans for Designated
 Facilities.............................................
C Emission Guidelines and Compliance Times..............
Cb Large Municipal Waste Combustors that are Constructed
 on or before September 20, 1994 (Emission Guidelines
 and Compliance Times)..................................
Cc Municipal Solid Waste Landfills (Emission Guidelines
 and Compliance Times)..................................
Cd Sulfuric Acid Production Units (Emission Guidelines
 and Compliance Times)..................................
Ce Hospital/Medical/Infectious Waste Incinerators
 (Emission Guidelines and Compliance Times).............
D Fossil-Fuel-Fired Steam Generators for which                    X           X           X           X           X           X           X           X
 Construction is Commenced after August 17, 1971........
Da Electric Utility Steam Generating Units for which              X           X           X           X           X           X           X           X
 Construction is Commenced after September 18, 1978.....
Db Industrial-Commercial-Institutional Steam Generating           X           X           X           X           X           X           X           X
 Units..................................................
Dc Small Industrial-Commercial-Institutional Steam                X           X           X           X           X           X           X           X
 Generating Units.......................................
E Incinerators..........................................          X           X           X           X           X           X           X           X
Ea Municipal Waste Combustors for which Construction is           X           X           X           X           X           X           X           X
 Commenced after December 20, 1989 and on or before
 September 20, 1994.....................................
Eb--Large Municipal Waste Combustors....................                      X                       X           X           X
Ec--Hospital/Medical/Infectious Waste Incinerators......          X           X           X           X           X           X
F Portland Cement Plants................................          X           X           X           X           X           X           X           X
G Nitric Acid Plants....................................          X           X           X           X           X           X           X           X
H Sulfuric Acid Plants..................................          X           X           X           X           X           X           X           X
I Hot Mix Asphalt Facilities............................          X           X           X           X           X           X           X           X
J Petroleum Refineries..................................          X           X           X           X           X           X           X           X
K Storage Vessels for Petroleum Liquids for which                 X           X           X           X           X           X           X           X
 Construction, Reconstruction, or Modification Commenced
 after June 11, 1973 and prior to May 19, 1978..........
Ka Storage Vessels for Petroleum Liquids for which                X           X           X           X           X           X           X           X
 Construction, Reconstruction, or Modification Commenced
 after May 18, 1978 and prior to July 23, 1984..........

[[Page 25]]

 
Kb VOC Liquid Storage Vessels (including Petroleum                X           X           X           X           X           X           X           X
 Liquid Storage Vessels) for which Construction,
 Reconstruction, or Modification Commenced after July
 23, 1984...............................................
L Secondary Lead Smelters...............................          X           X           X           X           X           X           X           X
M Secondary Brass and Bronze Production Plants..........          X           X           X           X           X           X           X           X
N Primary Emissions from Basic Oxygen Process Furnaces            X           X           X           X           X           X           X           X
 for which Construction is Commenced after June 11, 1973
Na Secondary Emissions from Basic Oxygen Process Steel-           X           X           X           X           X           X           X           X
 making Facilities for which Construction is Commenced
 after January 20, 1983.................................
O Sewage Treatment Plants...............................          X           X           X           X           X           X           X           X
P Primary Copper Smelters...............................          X           X           X           X           X           X           X           X
Q Primary Zinc Smelters.................................          X           X           X           X           X           X           X           X
R Primary Lead Smelters.................................          X           X           X           X           X           X           X           X
S Primary Aluminum Reduction Plants \10\................          X
T Phosphate Fertilizer Industry: Wet Process Phosphoric           X           X           X           X           X           X           X           X
 Acid Plants............................................
U Phosphate Fertilizer Industry: Superphosphoric Acid             X           X           X           X           X           X           X           X
 Plants.................................................
V Phosphate Fertilizer Industry: Diammonium Phosphate             X           X           X           X           X           X           X           X
 Plants.................................................
W Phosphate Fertilizer Industry: Triple Superphosphate            X           X           X           X           X           X           X           X
 Plants.................................................
X Phosphate Fertilizer Industry: Granular Triple                  X           X           X           X           X           X           X           X
 Superphosphate Storage Facilities......................
Y Coal Preparation Plants...............................          X           X           X           X           X           X           X           X
Z Ferroalloy Production Facilities......................          X           X           X           X           X           X           X           X
AA Steel Plants: Electric Arc Furnaces Constructed after          X           X           X           X           X           X           X           X
 October 21, 1974 and on or before August 17, 1983......
AAa Steel Plants: Electric Arc Furnaces and Argon-Oxygen          X           X           X           X           X           X           X           X
 Decarburization Vessels Constructed after August 7,
 1983...................................................
BB Kraft Pulp Mills \11\................................          X
CC Glass Manufacturing Plants...........................          X           X           X           X           X           X           X           X
DD Grain Elevators......................................          X           X           X           X           X           X           X           X
EE Surface Coating of Metal Furniture...................          X           X           X           X           X           X           X           X
GG Stationary Gas Turbines..............................          X           X           X           X           X           X           X           X
HH Lime Manufacturing Plants............................          X           X           X           X           X           X           X           X
KK Lead-Acid Battery Manufacturing Plants...............          X           X           X           X           X           X           X           X

[[Page 26]]

 
LL Metallic Mineral Processing Plants...................          X           X           X           X           X           X           X           X
MM Automobile and Light Duty Truck Surface Coating                X           X           X           X           X           X           X           X
 Operations.............................................
NN Phosphate Rock Plants................................          X           X           X           X           X           X           X           X
PP Ammonium Sulfate Manufacture.........................          X           X           X           X           X           X           X           X
QQ Graphic Arts Industry: Publication Rotogravure                 X           X           X           X           X           X           X           X
 Printing...............................................
RR Pressure Sensitive Tape and Label Surface Coating              X           X           X           X           X           X           X           X
 Standards..............................................
SS Industrial Surface Coating: Large Appliances.........          X           X           X           X           X           X           X           X
TT Metal Coil Surface Coating...........................          X           X           X           X           X           X           X           X
UU Asphalt Processing and Asphalt Roof Manufacture......          X           X           X           X           X           X           X           X
VV Equipment Leaks of VOC in Synthetic Organic Chemical           X           X           X           X           X           X           X           X
 Manufacturing Industry.................................
WW Beverage Can Surface Coating Industry................          X           X           X           X           X           X           X           X
XX Bulk Gasoline Terminals..............................          X           X           X           X           X           X           X           X
AAA New Residential Wood Heaters........................
BBB Rubber Tire Manufacturing Industry..................          X           X           X           X           X           X           X           X
DDD VOC Emissions from Polymer Manufacturing Industry...          X           X           X           X           X           X           X           X
FFF Flexible Vinyl and Urethane Coating and Printing....          X           X           X           X           X           X           X           X
GGG Equipment Leaks of VOC in Petroleum Refineries......          X           X           X           X           X           X           X           X
HHH Synthetic Fiber Production Facilities...............          X           X           X           X           X           X           X           X
III VOC Emissions from Synthetic Organic Chemical                 X           X           X           X           X           X           X           X
 Manufacturing Industry Air Oxidation Unit Processes....
JJJ Petroleum Dry Cleaners..............................          X           X           X           X           X           X           X           X
KKK Equipment Leaks of VOC from Onshore Natural Gas               X           X           X           X           X           X           X           X
 Processing Plants......................................
LLL Onshore Natural Gas Processing: SO2 Emissions.......          X           X           X           X           X           X           X           X
NNN VOC Emissions from Synthetic Organic Chemical                 X           X           X           X           X           X           X           X
 Manufacturing Industry Distillation Operations.........
OOO Nonmetallic Mineral Processing Plants...............                                  X                       X                       X
PPP Wool Fiberglass Insulation Manufacturing Plants.....          X           X           X           X           X           X           X           X
QQQ VOC Emissions from Petroleum Refinery Wastewater              X           X           X           X           X           X           X           X
 Systems................................................

[[Page 27]]

 
RRR VOCs from Synthetic Organic Chemical Manufacturing            X           X           X           X           X           X           X           X
 Industry Reactor Processes.............................
SSS Magnetic Tape Coating Facilities....................          X           X           X           X           X           X           X           X
TTT Industrial Surface Coating: Surface Coating of                X           X           X           X           X           X           X           X
 Plastic Parts for Business Machines....................
UUU Calciners and Dryers in Mineral Industries..........          X           X           X           X           X           X           X           X
VVV Polymeric Coating of Supporting Substrates                    X           X           X           X           X           X           X           X
 Facilities.............................................
WWW Municipal Solid Waste Landfills.....................          X           X           X           X           X           X           X           X
AAAA Small Municipal Waste Combustion Units for which             X           X                       X           X           X                       X
 Construction is Commenced after August 30, 1999 or for
 which Modification or Reconstruction is Commenced after
 June 6, 2001...........................................
BBBB Small Municipal Waste Combustion Units Constructed
 on or before August 30, 1999 (Emission Guidelines and
 Compliance Times)......................................
CCCC Commercial and Industrial Solid Waste Incineration           X           X                       X           X           X                       X
 Units for which Construction is Commenced after
 November, 30, 1999 or for which Modification or
 Reconstruction is Commenced on or after June 1, 2001...
DDDD Commercial and Industrial Solid Waste Incineration
 Units that Commenced Construction on or before November
 30, 1999 (Emission Guidelines and Compliance Times)....
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Any authority within any subpart of this part that is not delegable, is not delegated. Please refer to Attachment B to the delegation letters for a
  listing of the NSPS authorities excluded from delegation.
\2\ Washington State Department of Ecology, for 40 CFR 60.17(h)(1), (h)(2), (h)(3) and 40 CFR part 60, subpart AAAA, as in effect on June 6, 2001; for
  40 CFR part 60, subpart CCCC, as in effect on June 1, 2001; and for all other NSPS delegated, as in effect February 20, 2001.
\3\ Benton Clean Air Authority, for 40 CFR 60.17(h)(1), (h)(2), (h)(3) and 40 CFR part 60, subpart AAAA, as in effect on June 6, 2001; for 40 CFR part
  60, subpart CCCC, as in effect on June 1, 2001; and for all other NSPS delegated, as in effect February 20, 2001.
\4\ Northwest Air Pollution Authority, for all NSPS delegated, as in effect on July 1, 2000.
\5\ Olympic Regional Clean Air Authority, for 40 CFR 60.17(h)(1), (h)(2), (h)(3) and 40 CFR part 60, subpart AAAA, as in effect on June 6, 2001; for 40
  CFR part 60, subpart CCCC, as in effect on June 1, 2001; and for all other NSPS delegated, as in effect February 20, 2001.
\6\ Puget Sound Clean Air Authority, for all NSPS delegated, as in effect on July 1, 2002.
\7\ Spokane County Air Pollution Control Authority, for 40 CFR 60.17(h)(1), (h)(2), (h)(3) and 40 CFR part 60, subpart AAAA, as in effect on June 6,
  2001; for 40 CFR part 60, subpart CCCC, as in effect on June 1, 2001; and for all other NSPS delegated, as in effect February 20, 2001.
\8\ Southwest Clean Air Agency, for all NSPS delegated, as in effect on July 1, 2000.
\9\ Yakima Regional Clean Air Authority, for 40 CFR 60.17(h)(1), (h)(2), (h)(3) and 40 CFR part 60, subpart AAAA, as in effect on June 6, 2001; for 40
  CFR part 60, subpart CCCC, as in effect on June 1, 2001; and for all other NSPS delegated, as in effect February 20, 2001.
\10\ Subpart S of this part is not delegated to local agencies in Washington because the Washington State Department of Ecology retains sole authority
  to regulate Primary Aluminum Plants, pursuant to Washington Administrative Code 173-415-010.
\11\ Subpart BB of this part is not delegated to local agencies in Washington because the Washington State Department of Ecology retains sole authority
  to regulate Kraft and Sulfite Pulping Mills, pursuant to Washington State Administrative Code 173-405-012 and 173-410-012.


[[Page 28]]

    (50) State of West Virginia, Department of Environmental Protection, 
Division of Air Quality, 601 57th Street, SE., Charleston, West Virginia 
25304.
    (51) State of Wisconsin: Wisconsin Department of Natural Resouces, 
101 South Webster St., P.O. Box 7921, Madison, Wisconsin 53707-7921.
    (52) State of Wyoming, Department of Environmental Quality, Air 
Quality Division, Herschler Building, 122 West 25th Street, Cheyenne, WY 
82002.

    Note: For a table listing Region VIII's NSPS delegation status, see 
paragraph (c) of this section.

    (53) Territory of Guam: Guam Environmental Protection Agency, P.O. 
Box 22439 GMF, Barrigada, Guam 96921.

    Note: For tables listing the delegation status of agencies in Region 
IX, see paragraph (d) of this section.

    (54) Commonwealth of Puerto Rico: Commonwealth of Puerto Rico 
Environmental Quality Board, P.O. Box 11488, Santurce, PR 00910, 
Attention: Air Quality Area Director (see table under Sec.  
60.4(b)(FF)(1)).
    (55) U.S. Virgin Islands: U.S. Virgin Islands Department of 
Conservation and Cultural Affairs, P.O. Box 578, Charlotte Amalie, St. 
Thomas, VI 00801.
    (56) American Samoa: American Samoa Environmental Protection Agency, 
P.O. Box PPA, Pago Pago, American Samoa 96799.

    Note: For tables listing the delegation status of agencies in Region 
IX, see paragraph (d) of this section.

    (57) Commonwealth of the Northern Mariana Islands: CNMI Division of 
Environmental Quality, P.O. Box 501304, Saipan, MP 96950.

    Note: For tables listing the delegation status of agencies in Region 
IX, see paragraph (d) of this section.

    (c) The delegation status table for New Source Performance Standards 
for Region VIII can be found online at http://www2.epa.gov /region8/air-
program.
    (d) The following tables list the specific part 60 standards that 
have been delegated unchanged to the air pollution control agencies in 
Region IX. The (X) symbol is used to indicate each standard that has 
been delegated. The following provisions of this subpart are not 
delegated: Sec. Sec.  60.4(b), 60.8(b), 60.9, 60.11(b), 60.11(e), 
60.13(a), 60.13(d)(2), 60.13(g), 60.13(i).
    (1) Arizona. The following table identifies delegations for Arizona:

         Table 3 to Paragraph (d)(1)--Delegation Status for New Source Performance Standards for Arizona
----------------------------------------------------------------------------------------------------------------
                                                                           Air pollution control agency
                                                                 -----------------------------------------------
                                            Subpart                 Arizona    Maricopa      Pima        Pinal
                                                                      DEQ       County      County      County
----------------------------------------------------------------------------------------------------------------
A                             General Provisions................          X           X           X           X
D                             Fossil-Fuel Fired Steam Generators          X           X           X           X
                               Constructed After August 17, 1971.
Da                            Electric Utility Steam Generating           X           X           X           X
                               Units Constructed After September
                               18, 1978.
Db                            Industrial-Commercial-                      X           X           X           X
                               Institutional Steam Generating
                               Units.
Dc                            Small Industrial-Commercial-                X           X           X           X
                               Institutional Steam Generating
                               Units.
E                             Incinerators......................          X           X           X           X
Ea                            Municipal Waste Combustors                  X           X           X           X
                               Constructed After December 20,
                               1989 and On or Before September
                               20, 1994.
Eb                            Large Municipal Waste Combustors            X           X           X
                               Constructed After September 20,
                               1994.
Ec                            Hospital/Medical/Infectious Waste           X           X           X
                               Incinerators for Which
                               Construction is Commenced After
                               June 20, 1996.
F                             Portland Cement Plants............          X   ..........          X           X
G                             Nitric Acid Plants................          X           X           X           X
Ga                            Nitric Acid Plants For Which        ..........          X           X
                               Construction, Reconstruction or
                               Modification Commenced After
                               October 14, 2011.
H                             Sulfuric Acid Plant...............          X           X           X           X
I                             Hot Mix Asphalt Facilities........          X           X           X           X
J                             Petroleum Refineries..............          X   ..........          X           X
Ja                            Petroleum Refineries for Which      ..........  ..........          X
                               Construction, Reconstruction, or
                               Modification Commenced After May
                               14, 2007.

[[Page 29]]

 
K                             Storage Vessels for Petroleum               X           X           X           X
                               Liquids for Which Construction,
                               Reconstruction, or Modification
                               Commenced After June 11, 1973,
                               and Prior to May 19, 1978.
Ka                            Storage Vessels for Petroleum               X           X           X           X
                               Liquids for Which Construction,
                               Reconstruction, or Modification
                               Commenced After May 18, 1978, and
                               Prior to July 23, 1984.
Kb                            Volatile Organic Liquid Storage             X           X           X           X
                               Vessels (Including Petroleum
                               Liquid Storage Vessels) for Which
                               Construction, Reconstruction, or
                               Modification Commenced After July
                               23, 1984.
L                             Secondary Lead Smelters...........          X   ..........          X           X
M                             Secondary Brass and Bronze                  X           X           X           X
                               Production Plants.
N                             Primary Emissions from Basic                X           X           X           X
                               Oxygen Process Furnaces for Which
                               Construction is Commenced After
                               June 11, 1973.
Na                            Secondary Emissions from Basic              X           X           X           X
                               Oxygen Process Steelmaking
                               Facilities for Which Construction
                               is Commenced After January 20,
                               1983.
O                             Sewage Treatment Plants...........          X           X           X           X
P                             Primary Copper Smelters...........          X   ..........          X           X
Q                             Primary Zinc Smelters.............          X   ..........          X           X
R                             Primary Lead Smelters.............          X   ..........          X           X
S                             Primary Aluminum Reduction Plants.          X           X           X           X
T                             Phosphate Fertilizer Industry: Wet          X           X           X           X
                               Process Phosphoric Acid Plants.
U                             Phosphate Fertilizer Industry:              X           X           X           X
                               Superphosphoric Acid Plants.
V                             Phosphate Fertilizer Industry:              X           X           X           X
                               Diammonium Phosphate Plants.
W                             Phosphate Fertilizer Industry:              X           X           X           X
                               Triple Superphosphate Plants.
X                             Phosphate Fertilizer Industry:              X           X           X           X
                               Granular Triple Superphosphate
                               Storage Facilities.
Y                             Coal Preparation and Processing             X           X           X           X
                               Plants.
Z                             Ferroalloy Production Facilities..          X           X           X           X
AA                            Steel Plants: Electric Arc                  X           X           X           X
                               Furnaces Constructed After
                               October 21, 1974 and On or Before
                               August 17, 1983.
AAa                           Steel Plants: Electric Arc                  X           X           X           X
                               Furnaces and Argon-Oxygen
                               Decarburization Vessels
                               Constructed After August 7, 1983.
BB                            Kraft Pulp Mills..................          X           X           X           X
BBa                           Kraft Pulp Mill Sources for which   ..........          X           X
                               Construction, Reconstruction or
                               Modification Commenced after May
                               23, 2013.
CC                            Glass Manufacturing Plants........          X           X           X           X
DD                            Grain Elevators...................          X           X           X           X
EE                            Surface Coating of Metal Furniture          X           X           X           X
FF                            (Reserved)........................
GG                            Stationary Gas Turbines...........          X           X           X           X
HH                            Lime Manufacturing Plants.........          X           X           X           X
KK                            Lead-Acid Battery Manufacturing             X           X           X           X
                               Plants.
LL                            Metallic Mineral Processing Plants          X           X           X           X
MM                            Automobile and Light Duty Trucks            X           X           X           X
                               Surface Coating Operations.
NN                            Phosphate Rock Plants.............          X           X           X           X
PP                            Ammonium Sulfate Manufacture......          X           X           X           X
QQ                            Graphic Arts Industry: Publication          X           X           X           X
                               Rotogravure Printing.
RR                            Pressure Sensitive Tape and Label           X           X           X           X
                               Surface Coating Operations.
SS                            Industrial Surface Coating: Large           X           X           X           X
                               Appliances.
TT                            Metal Coil Surface Coating........          X           X           X           X
UU                            Asphalt Processing and Asphalt              X           X           X           X
                               Roofing Manufacture.
VV                            Equipment Leaks of VOC in the               X           X           X           X
                               Synthetic Organic Industry
                               Chemicals Manufacturing.
VVa                           Equipment Leaks of VOC in the               X           X           X
                               Synthetic Organic Industry for
                               Which Construction,
                               Reconstruction, or Chemicals
                               Manufacturing Modification
                               Commenced After November 7, 2006.
WW                            Beverage Can Surface Coating                X           X           X           X
                               Industry.
XX                            Bulk Gasoline Terminals...........          X           X           X           X
AAA                           New Residential Wood Heaters......          X           X           X           X
BBB                           Rubber Tire Manufacturing Industry          X           X           X           X
CCC                           (Reserved)........................
DDD                           Volatile Organic Compounds (VOC)            X           X           X           X
                               Emissions from the Polymer
                               Manufacturing Industry.
EEE                           (Reserved)........................
FFF                           Flexible Vinyl and Urethane                 X           X           X           X
                               Coating and Printing.
GGG                           Equipment Leaks of VOC in                   X   ..........          X           X
                               Petroleum Refineries.

[[Page 30]]

 
GGGa                          Equipment Leaks of VOC in                   X   ..........          X
                               Petroleum Refineries for Which
                               Construction, Reconstruction, or
                               Modification Commenced After
                               November 7, 2006.
HHH                           Synthetic Fiber Production                  X           X           X           X
                               Facilities.
III                           Volatile Organic Compound (VOC)             X           X           X           X
                               Emissions From the Synthetic
                               Organic Chemical Manufacturing
                               Industry (SOCMI) Air Oxidation
                               Unit Processes.
JJJ                           Petroleum Dry Cleaners............          X           X           X           X
KKK                           Equipment Leaks of VOC From                 X           X           X           X
                               Onshore Natural Gas Processing
                               Plants.
LLL                           Onshore Natural Gas Processing:             X           X           X           X
                               SO2 Emissions.
MMM                           (Reserved)........................
NNN                           Volatile Organic Compound (VOC)             X           X           X           X
                               Emissions From Synthetic Organic
                               Chemical Manufacturing Industry
                               (SOCMI) Distillation Operations.
OOO                           Nonmetallic Mineral Processing              X           X           X           X
                               Plants.
PPP                           Wool Fiberglass Insulation                  X           X           X           X
                               Manufacturing Plants.
QQQ                           VOC Emissions From Petroleum                X   ..........          X           X
                               Refinery Wastewater Systems.
RRR                           Volatile Organic Compound                   X           X
                               Emissions from Synthetic Organic
                               Chemical Manufacturing Industry
                               (SOCMI) Reactor Processes.
SSS                           Magnetic Tape Coating Facilities..          X           X           X           X
TTT                           Industrial Surface Coating:                 X           X           X           X
                               Surface Coating of Plastic Parts
                               for Business Machines.
UUU                           Calciners and Dryers in Mineral             X           X           X
                               Industries.
VVV                           Polymeric Coating of Supporting             X           X           X           X
                               Substrates Facilities.
WWW                           Municipal Solid Waste Landfills...          X           X           X
XXX                           Municipal Solid Waste Landfills     ..........          X
                               that Commenced Construction,
                               Reconstruction, or Modification
                               After July 17, 2014.
AAAA                          Small Municipal Waste Combustion            X           X           X
                               Units for Which Construction is
                               Commenced After August 30, 1999
                               or for Which Modification or
                               Reconstruction is Commended After
                               June 6, 2001.
CCCC                          Commercial and Industrial Solid             X           X           X
                               Waste Incineration Units for
                               Which Construction Is Commenced
                               After November 30, 1999 or for
                               Which Modification or
                               Reconstruction Is Commenced on or
                               After June 1, 2001.
EEEE                          Other Solid Waste Incineration              X           X           X
                               Units for Which Construction is
                               Commenced After December 9, 2004,
                               or for Which Modification or
                               Reconstruction is Commenced on or
                               After June 16, 2006.
GGGG                          (Reserved)........................
HHHH                          (Reserved)........................
IIII                          Stationary Compression Ignition             X           X           X
                               Internal Combustion Engines.
JJJJ                          Stationary Spark Ignition Internal  ..........          X           X
                               Combustion Engines.
KKKK                          Stationary Combustion Turbines....          X           X           X
LLLL                          New Sewage Sludge Incineration      ..........  ..........          X
                               Units.
MMMM                          Emissions Guidelines and                    X   ..........
                               Compliance Times for Existing
                               Sewage Sludge Incineration Units.
OOOO                          Crude Oil and Natural Gas           ..........          X           X
                               Production, Transmission, and
                               Distribution.
OOOOa                         Standards of Performance for Crude  ..........          X
                               Oil and Natural Gas Facilities
                               for Which Construction,
                               Modification or Reconstruction
                               Commenced After September 18,
                               2015.
QQQQ                          Standards of Performance for New    ..........          X           X
                               Residential Hydronic Heaters and
                               Forced-Air Furnaces.
TTTT                          Standards of Performance for        ..........          X
                               Greenhouse Gas Emissions for
                               Electric Generating Units.
----------------------------------------------------------------------------------------------------------------

    (2) California. The following tables identify delegations for each 
of the local air pollution control agencies of California.
    (i) Delegations for Amador County Air Pollution Control District, 
Antelope Valley Air Quality Management District, Bay Area Air Quality 
Management District, and Butte County Air Quality Management District 
are shown in the following table:

[[Page 31]]



  Delegation Status for New Source Performance Standards for Amador County APCD, Antelope Valley AQMD, Bay Area
                                           AQMD, and Butte County AQMD
----------------------------------------------------------------------------------------------------------------
                                                                           Air pollution control agency
                                                                 -----------------------------------------------
                                          Subpart                   Amador     Antelope                  Butte
                                                                    County      Valley     Bay Area     County
                                                                     APCD        AQMD        AQMD        AQMD
----------------------------------------------------------------------------------------------------------------
A                          General Provisions...................  ..........          X
D                          Fossil-Fuel Fired Steam Generators     ..........          X           X
                            Constructed After August 17, 1971.
Da                         Electric Utility Steam Generating      ..........          X           X
                            Units Constructed After September
                            18, 1978.
Db                         Industrial-Commercial-Institutional    ..........          X           X
                            Steam Generating Units.
Dc                         Small Industrial-Commercial-           ..........          X           X
                            Institutional Steam Generating Units.
E                          Incinerators.........................  ..........          X           X
Ea                         Municipal Waste Combustors             ..........          X           X
                            Constructed After December 20, 1989
                            and On or Before September 20, 1994.
Eb                         Large Municipal Waste Combustors       ..........          X
                            Constructed After September 20, 1994.
Ec                         Hospital/Medical/Infectious Waste      ..........          X
                            Incinerators for Which Construction
                            is Commenced After June 20, 1996.
F                          Portland Cement Plants...............  ..........          X           X
G                          Nitric Acid Plants...................  ..........          X           X
Ga                         Nitric Acid Plants For Which           ..........
                            Construction, Reconstruction or
                            Modification Commenced After October
                            14, 2011.
H                          Sulfuric Acid Plant..................  ..........          X           X
I                          Hot Mix Asphalt Facilities...........  ..........          X           X
J                          Petroleum Refineries.................  ..........          X           X
Ja                         Petroleum Refineries for Which         ..........          X
                            Construction, Reconstruction, or
                            Modification Commenced After May 14,
                            2007.
K                          Storage Vessels for Petroleum Liquids  ..........          X           X
                            for Which Construction,
                            Reconstruction, or Modification
                            Commenced After June 11, 1973, and
                            Prior to May 19, 1978.
Ka                         Storage Vessels for Petroleum Liquids  ..........          X           X
                            for Which Construction,
                            Reconstruction, or Modification
                            Commenced After May 18, 1978, and
                            Prior to July 23, 1984.
Kb                         Volatile Organic Liquid Storage        ..........          X           X
                            Vessels (Including Petroleum Liquid
                            Storage Vessels) for Which
                            Construction, Reconstruction, or
                            Modification Commenced After July
                            23, 1984.
L                          Secondary Lead Smelters..............  ..........          X           X
M                          Secondary Brass and Bronze Production  ..........          X           X
                            Plants.
N                          Primary Emissions from Basic Oxygen    ..........          X           X
                            Process Furnaces for Which
                            Construction is Commenced After June
                            11, 1973.
Na                         Secondary Emissions from Basic Oxygen  ..........          X           X
                            Process Steelmaking Facilities for
                            Which Construction is Commenced
                            After January 20, 1983.
O                          Sewage Treatment Plants..............  ..........          X           X
P                          Primary Copper Smelters..............  ..........          X           X
Q                          Primary Zinc Smelters................  ..........          X           X
R                          Primary Lead Smelters................  ..........          X           X
S                          Primary Aluminum Reduction Plants....  ..........          X           X
T                          Phosphate Fertilizer Industry: Wet     ..........          X
                            Process Phosphoric Acid Plants.
U                          Phosphate Fertilizer Industry:         ..........          X           X
                            Superphosphoric Acid Plants.
V                          Phosphate Fertilizer Industry:         ..........          X           X
                            Diammonium Phosphate Plants.
W                          Phosphate Fertilizer Industry: Triple  ..........          X           X
                            Superphosphate Plants.
X                          Phosphate Fertilizer Industry:         ..........          X           X
                            Granular Triple Superphosphate
                            Storage Facilities.
Y                          Coal Preparation and Processing        ..........          X           X
                            Plants.
Z                          Ferroalloy Production Facilities.....  ..........          X           X
AA                         Steel Plants: Electric Arc Furnaces    ..........          X           X
                            Constructed After October 21, 1974
                            and On or Before August 17, 1983.
AAa                        Steel Plants: Electric Arc Furnaces    ..........          X           X
                            and Argon-Oxygen Decarburization
                            Vessels Constructed After August 7,
                            1983.
BB                         Kraft Pulp Mills.....................  ..........          X           X
CC                         Glass Manufacturing Plants...........  ..........          X           X
DD                         Grain Elevators......................  ..........          X           X
EE                         Surface Coating of Metal Furniture...  ..........          X           X
FF                         (Reserved)...........................  ..........
GG                         Stationary Gas Turbines..............  ..........          X           X
HH                         Lime Manufacturing Plants............  ..........          X           X
KK                         Lead-Acid Battery Manufacturing        ..........          X           X
                            Plants.
LL                         Metallic Mineral Processing Plants...  ..........          X           X
MM                         Automobile and Light Duty Trucks       ..........          X           X
                            Surface Coating Operations.
NN                         Phosphate Rock Plants................  ..........          X           X

[[Page 32]]

 
PP                         Ammonium Sulfate Manufacture.........  ..........          X           X
QQ                         Graphic Arts Industry: Publication     ..........          X           X
                            Rotogravure Printing.
RR                         Pressure Sensitive Tape and Label      ..........          X           X
                            Surface Coating Operations.
SS                         Industrial Surface Coating: Large      ..........          X           X
                            Appliances.
TT                         Metal Coil Surface Coating...........  ..........          X           X
UU                         Asphalt Processing and Asphalt         ..........          X           X
                            Roofing Manufacture.
VV                         Equipment Leaks of VOC in the          ..........          X           X
                            Synthetic Organic Industry Chemicals
                            Manufacturing.
VVa                        Equipment Leaks of VOC in the          ..........          X
                            Synthetic Organic Industry for Which
                            Construction, Reconstruction, or
                            Chemicals Manufacturing Modification
                            Commenced After November 7, 2006.
WW                         Beverage Can Surface Coating Industry  ..........          X           X
XX                         Bulk Gasoline Terminals..............  ..........
AAA                        New Residential Wood Heaters.........  ..........          X           X
BBB                        Rubber Tire Manufacturing Industry...  ..........          X           X
CCC                        (Reserved)...........................  ..........
DDD                        Volatile Organic Compounds (VOC)       ..........          X           X
                            Emissions from the Polymer
                            Manufacturing Industry.
EEE                        (Reserved)...........................  ..........
FFF                        Flexible Vinyl and Urethane Coating    ..........          X           X
                            and Printing.
GGG                        Equipment Leaks of VOC in Petroleum    ..........          X           X
                            Refineries.
GGGa                       Equipment Leaks of VOC in Petroleum    ..........          X
                            Refineries for Which Construction,
                            Reconstruction, or Modification
                            Commenced After November 7, 2006.
HHH                        Synthetic Fiber Production Facilities  ..........          X           X
III                        Volatile Organic Compound (VOC)        ..........          X
                            Emissions From the Synthetic Organic
                            Chemical Manufacturing Industry
                            (SOCMI) Air Oxidation Unit Processes.
JJJ                        Petroleum Dry Cleaners...............  ..........          X           X
KKK                        Equipment Leaks of VOC From Onshore    ..........          X           X
                            Natural Gas Processing Plants.
LLL                        Onshore Natural Gas Processing: SO2    ..........          X
                            Emissions.
MMM                        (Reserved)...........................  ..........
NNN                        Volatile Organic Compound (VOC)        ..........          X           X
                            Emissions From Synthetic Organic
                            Chemical Manufacturing Industry
                            (SOCMI) Distillation Operations.
OOO                        Nonmetallic Mineral Processing Plants  ..........          X           X
PPP                        Wool Fiberglass Insulation             ..........          X           X
                            Manufacturing Plants.
QQQ                        VOC Emissions From Petroleum Refinery  ..........          X
                            Wastewater Systems.
RRR                        Volatile Organic Compound Emissions    ..........          X
                            from Synthetic Organic Chemical
                            Manufacturing Industry (SOCMI)
                            Reactor Processes.
SSS                        Magnetic Tape Coating Facilities.....  ..........          X           X
TTT                        Industrial Surface Coating: Surface    ..........          X           X
                            Coating of Plastic Parts for
                            Business Machines.
UUU                        Calciners and Dryers in Mineral        ..........          X           X
                            Industries.
VVV                        Polymeric Coating of Supporting        ..........          X           X
                            Substrates Facilities.
WWW                        Municipal Solid Waste Landfills......  ..........          X
AAAA                       Small Municipal Waste Combustion       ..........          X
                            Units for Which Construction is
                            Commenced After August 30, 1999 or
                            for Which Modification or
                            Reconstruction is Commended After
                            June 6, 2001.
CCCC                       Commercial and Industrial Solid Waste  ..........          X
                            Incineration Units for Which
                            Construction Is Commenced After
                            November 30, 1999 or for Which
                            Modification or Reconstruction Is
                            Commenced on or After June 1, 2001.
EEEE                       Other Solid Waste Incineration Units   ..........          X
                            for Which Construction is Commenced
                            After December 9, 2004, or for Which
                            Modification or Reconstruction is
                            Commenced on or After June 16, 2006.
GGGG                       (Reserved)...........................  ..........
HHHH                       (Reserved)...........................  ..........
IIII                       Stationary Compression Ignition        ..........          X
                            Internal Combustion Engines.
JJJJ                       Stationary Spark Ignition Internal     ..........          X
                            Combustion Engines.
KKKK                       Stationary Combustion Turbines.......  ..........          X
LLLL                       New Sewage Sludge Incineration Units.  ..........
OOOO                       Crude Oil and Natural Gas Production,  ..........
                            Transmission, and Distribution.
----------------------------------------------------------------------------------------------------------------


[[Page 33]]

    (ii) [Reserved]
    (iii) Delegations for Glenn County Air Pollution Control District, 
Great Basin Unified Air Pollution Control District, Imperial County Air 
Pollution Control District, and Kern County Air Pollution Control 
District are shown in the following table:

Delegation Status for New Source Performance Standards for Glenn County APCD, Great Basin Unified APCD, Imperial
                                        County APCD, and Kern County APCD
----------------------------------------------------------------------------------------------------------------
                                                                           Air pollution control agency
                                                                 -----------------------------------------------
                                                                                 Great
                                            Subpart                  Glenn       Basin     Imperial      Kern
                                                                    County      Unified     County      County
                                                                     APCD        APCD        APCD        APCD
----------------------------------------------------------------------------------------------------------------
A                             General Provisions................  ..........          X   ..........          X
D                             Fossil-Fuel Fired Steam Generators  ..........          X   ..........          X
                               Constructed After August 17, 1971.
Da                            Electric Utility Steam Generating   ..........          X   ..........          X
                               Units Constructed After September
                               18, 1978.
Db                            Industrial-Commercial-              ..........          X   ..........          X
                               Institutional Steam Generating
                               Units.
Dc                            Small Industrial Steam Generating   ..........          X   ..........          X
                               Units.
E                             Incinerators......................  ..........          X   ..........          X
Ea                            Municipal Waste Combustors          ..........          X
                               Constructed After December 20,
                               1989 and On or Before September
                               20, 1994.
Eb                            Municipal Waste Combustors
                               Constructed After September 20,
                               1994.
Ec                            Hospital/Medical/Infectious Waste
                               Incinerators for Which
                               Construction is Commenced After
                               June 20, 1996.
F                             Portland Cement Plants............  ..........          X   ..........          X
G                             Nitric Acid Plants................  ..........          X   ..........          X
H                             Sulfuric Acid Plants..............  ..........          X
I                             Hot Mix Asphalt Facilities........  ..........          X   ..........          X
J                             Petroleum Refineries..............  ..........          X   ..........          X
K                             Storage Vessels for Petroleum       ..........          X   ..........          X
                               Liquids for Which Construction,
                               Reconstruction, or Modification
                               Commenced After June 11, 1973,
                               and Prior to May 19, 1978.
Ka                            Storage Vessels for Petroleum       ..........          X   ..........          X
                               Liquids for Which Construction,
                               Reconstruction, or Modification
                               Commenced After May 18, 1978, and
                               Prior to July 23, 1984.
Kb                            Volatile Organic Liquid Storage     ..........          X   ..........          X
                               Vessels (Including Petroleum
                               Liquid Storage Vessels) for Which
                               Construction, Reconstruction, or
                               Modification Commenced After July
                               23, 1984.
L                             Secondary Lead Smelters...........  ..........          X   ..........          X
M                             Secondary Brass and Bronze          ..........          X   ..........          X
                               Production Plants.
N                             Primary Emissions from Basic        ..........          X   ..........          X
                               Oxygen Process Furnaces for Which
                               Construction is Commenced After
                               June 11, 1973.
Na                            Secondary Emissions from Basic      ..........          X   ..........          X
                               Oxygen Process Steelmaking
                               Facilities for Which Construction
                               is Commenced After January 20,
                               1983.
O                             Sewage Treatment Plants...........  ..........          X   ..........          X
P                             Primary Copper Smelters...........  ..........          X   ..........          X
Q                             Primary Zinc Smelters.............  ..........          X   ..........          X
R                             Primary Lead Smelters.............  ..........          X   ..........          X
S                             Primary Aluminum Reduction Plants.  ..........          X   ..........          X
T                             Phosphate Fertilizer Industry: Wet  ..........          X   ..........          X
                               Process Phosphoric Acid Plants.
U                             Phosphate Fertilizer Industry:      ..........          X   ..........          X
                               Superphosphoric Acid Plants.
V                             Phosphate Fertilizer Industry:      ..........          X   ..........          X
                               Diammonium Phosphate Plants.
W                             Phosphate Fertilizer Industry:      ..........          X   ..........          X
                               Triple Superphosphate Plants.
X                             Phosphate Fertilizer Industry:      ..........          X   ..........          X
                               Granular Triple Superphosphate
                               Storage Facilities.
Y                             Coal Preparation Plants...........  ..........          X   ..........          X
Z                             Ferroalloy Production Facilities..  ..........          X   ..........          X
AA                            Steel Plants: Electric Arc          ..........          X   ..........          X
                               Furnaces Constructed After
                               October 21, 1974 and On or Before
                               August 17, 1983.
AAa                           Steel Plants: Electric Arc          ..........          X   ..........          X
                               Furnaces and Argon-Oxygen
                               Decarburization Vessels
                               Constructed After August 7, 1983.
BB                            Kraft pulp Mills..................  ..........          X   ..........          X
CC                            Glass Manufacturing Plants........  ..........          X   ..........          X
DD                            Grain Elevators...................  ..........          X   ..........          X
EE                            Surface Coating of Metal Furniture  ..........          X   ..........          X
FF                            (Reserved)........................
GG                            Stationary Gas Turbines...........  ..........          X   ..........          X
HH                            Lime Manufacturing Plants.........  ..........          X   ..........          X
KK                            Lead-Acid Battery Manufacturing     ..........          X   ..........          X
                               Plants.
LL                            Metallic Mineral Processing Plants  ..........          X   ..........          X

[[Page 34]]

 
MM                            Automobile and Light Duty Trucks    ..........          X   ..........          X
                               Surface Coating Operations.
NN                            Phosphate Rock Plants.............  ..........          X   ..........          X
PP                            Ammonium Sulfate Manufacture......  ..........          X   ..........          X
QQ                            Graphic Arts Industry: Publication  ..........          X   ..........          X
                               Rotogravure Printing.
RR                            Pressure Sensitive Tape and Label   ..........          X   ..........          X
                               Surface Coating Operations.
SS                            Industrial Surface Coating: Large   ..........          X   ..........          X
                               Appliances.
TT                            Metal Coil Surface Coating........  ..........          X   ..........          X
UU                            Asphalt Processing and Asphalt      ..........          X   ..........          X
                               Roofing Manufacture.
VV                            Equipment Leaks of VOC in the       ..........          X   ..........          X
                               Synthetic Organic Chemicals
                               Manufacturing Industry.
WW                            Beverage Can Surface Coating        ..........          X   ..........          X
                               Industry.
XX                            Bulk Gasoline Terminals...........
AAA                           New Residential Wool Heaters......  ..........          X   ..........          X
BBB                           Rubber Tire Manufacturing Industry  ..........          X   ..........          X
CCC                           (Reserved)........................
DDD                           Volatile Organic Compounds (VOC)    ..........          X   ..........          X
                               Emissions from the Polymer
                               Manufacturing Industry.
EEE                           (Reserved)........................
FFF                           Flexible Vinyl and Urethane         ..........          X   ..........          X
                               Coating and Printing.
GGG                           Equipment Leaks of VOC in           ..........          X   ..........          X
                               Petroleum Refineries.
HHH                           Synthetic Fiber Production          ..........          X   ..........          X
                               Facilities.
III                           Volatile Organic Compound (VOC)     ..........          X   ..........          X
                               Emissions From the Synthetic
                               Organic Chemical Manufacturing
                               Industry (SOCMI) Air Oxidation
                               Unit Processes.
JJJ                           Petroleum Dry Cleaners............  ..........          X   ..........          X
KKK                           Equipment Leaks of VOC From         ..........          X   ..........          X
                               Onshore Natural Gas Processing
                               Plants.
LLL                           Onshore Natural Gas Processing:     ..........  ..........  ..........          X
                               SO2 Emissions.
MMM                           (Reserved)........................  ..........  ..........  ..........
NNN                           Volatile Organic Compound (VOC)     ..........          X   ..........          X
                               Emissions From Synthetic Organic
                               Chemical Manufacturing Industry
                               (SOCMI) Distillation Operations.
OOO                           Nonmetallic Mineral Processing      ..........          X   ..........          X
                               Plants.
PPP                           Wool Fiberglass Insulation          ..........          X   ..........          X
                               Manufacturing Plants.
QQQ                           VOC Emissions From Petroleum        ..........          X   ..........          X
                               Refinery Wastewater Systems.
RRR                           Volatile Organic Compound           ..........  ..........  ..........          X
                               Emissions from Synthetic Organic
                               Chemical Manufacturing Industry
                               (SOCMI) Reactor Processes.
SSS                           Magnetic Tape Coating Facilities..  ..........          X   ..........          X
TTT                           Industrial Surface Coating:         ..........          X           X   ..........
                               Surface Coating of Plastic Parts
                               for Business Machines.
UUU                           Calciners and Dryers in Mineral     ..........          X   ..........          X
                               Industries.
VVV                           Polymeric Coating of Supporting     ..........          X   ..........          X
                               Substrates Facilities.
WWW                           Municipal Solid Waste Landfills...  ..........  ..........  ..........          X
----------------------------------------------------------------------------------------------------------------

    (iv) Delegations for Lake County Air Quality Management District, 
Lassen County Air Pollution Control District, Mariposa County Air 
Pollution Control District, and Mendocino County Air Pollution Control 
District are shown in the following table:

 Delegation Status for New Source Performance Standards for Lake County Air Quality Management District, Lassen
 County Air Pollution Control District, Mariposa County Air Pollution Control District, and Mendocino County Air
                                           Pollution Control District
----------------------------------------------------------------------------------------------------------------
                                                                           Air pollution control agency
                                                                 -----------------------------------------------
                                            Subpart                  Lake       Lassen     Mariposa    Mendocino
                                                                    County      County      County      County
                                                                     AQMD        APCD        AQMD        AQMD
----------------------------------------------------------------------------------------------------------------
A                             General Provisions................          X   ..........  ..........          X
D                             Fossil-Fuel Fired Steam Generators          X   ..........  ..........          X
                               Constructed After August 17, 1971.

[[Page 35]]

 
Da                            Electric Utility Steam Generating           X   ..........  ..........          X
                               Units Constructed After September
                               18, 1978.
Db                            Industrial-Commercial-                      X
                               Institutional Steam Generating
                               Units.
Dc                            Small Industrial Steam Generating           X   ..........  ..........          X
                               Units.
E                             Incinerators......................          X   ..........  ..........          X
Ea                            Municipal Waste Combustors                  X   ..........  ..........          X
                               Constructed After December 20,
                               1989 and On or Before September
                               20, 1994.
Eb                            Municipal Waste Combustors
                               Constructed After September 20,
                               1994.
Ec                            Hospital/Medical/Infectious Waste
                               Incinerators for Which
                               Construction is Commenced After
                               June 20, 1996.
F                             Portland Cement Plants............          X   ..........  ..........          X
G                             Nitric Acid Plants................          X   ..........  ..........          X
H                             Sulfuric Acid Plants..............          X   ..........  ..........          X
I                             Hot Mix Asphalt Facilities........          X   ..........  ..........          X
J                             Petroleum Refineries..............          X   ..........  ..........          X
K                             Storage Vessels for Petroleum               X   ..........  ..........          X
                               Liquids for Which Construction,
                               Reconstruction, or Modification
                               Commenced After June 11, 1973,
                               and Prior to May 19, 1978.
Ka                            Storage Vessels for Petroleum               X   ..........  ..........          X
                               Liquids for Which Construction,
                               Reconstruction, or Modification
                               Commenced After May 18, 1978, and
                               Prior to July 23, 1984.
Kb                            Volatile Organic Liquid Storage             X   ..........  ..........          X
                               Vessels (Including Petroleum
                               Liquid Storage Vessels) for Which
                               Construction, Reconstruction, or
                               Modification Commenced After July
                               23, 1984.
L                             Secondary Lead Smelters...........          X   ..........  ..........          X
M                             Secondary Brass and Bronze                  X   ..........  ..........          X
                               Production Plants.
N                             Primary Emissions from Basic                X   ..........  ..........          X
                               Oxygen Process Furnaces for Which
                               Construction is Commenced After
                               June 11, 1973.
Na                            Secondary Emissions from Basic              X   ..........  ..........          X
                               Oxygen Process Steelmaking
                               Facilities for Which Construction
                               is Commenced After January 20,
                               1983.
O                             Sewage Treatment Plants...........          X   ..........  ..........          X
P                             Primary Copper Smelters...........          X   ..........  ..........          X
Q                             Primary Zinc Smelters.............          X   ..........  ..........          X
R                             Primary Lead Smelters.............          X   ..........  ..........          X
S                             Primary Aluminum Reduction Plants.          X   ..........  ..........          X
T                             Phosphate Fertilizer Industry: Wet          X   ..........  ..........          X
                               Process Phosphoric Acid Plants.
U                             Phosphate Fertilizer Industry:              X   ..........  ..........          X
                               Superphosphoric Acid Plants.
V                             Phosphate Fertilizer Industry:              X   ..........  ..........          X
                               Diammonium Phosphate Plants.
W                             Phosphate Fertilizer Industry:              X   ..........  ..........          X
                               Triple Superphosphate Plants.
X                             Phosphate Fertilizer Industry:              X   ..........  ..........          X
                               Granular Triple Superphosphate
                               Storage Facilities.
Y                             Coal Preparation Plants...........          X   ..........  ..........          X
Z                             Ferroalloy Production Facilities..          X   ..........  ..........          X
AA                            Steel Plants: Electric Arc                  X   ..........  ..........          X
                               Furnaces Constructed After
                               October 21, 1974 and On or Before
                               August 17, 1983.
AAa                           Steel Plants: Electric Arc                  X   ..........  ..........          X
                               Furnaces and Argon-Oxygen
                               Decarburization Vessels
                               Constructed After August 7, 1983.
BB                            Kraft Pulp Mills..................          X   ..........  ..........          X
CC                            Glass Manufacturing Plants........          X   ..........  ..........          X
DD                            Grain Elevators...................          X   ..........  ..........          X
EE                            Surface Coating of Metal Furniture          X   ..........  ..........          X
FF                            (Reserved)........................
GG                            Stationary Gas Turbines...........          X   ..........  ..........          X
HH                            Lime Manufacturing Plants.........          X   ..........  ..........          X
KK                            Lead-Acid Battery Manufacturing             X   ..........  ..........          X
                               Plants.
LL                            Metallic Mineral Processing Plants          X   ..........  ..........          X
MM                            Automobile and Light Duty Trucks            X   ..........  ..........          X
                               Surface Coating Operations.
NN                            Phosphate Rock Plants.............          X   ..........  ..........          X
PP                            Ammonium Sulfate Manufacture......          X   ..........  ..........          X
QQ                            Graphic Arts Industry: Publication          X   ..........  ..........          X
                               Rotogravure Printing.
RR                            Pressure Sensitive Tape and Label           X   ..........  ..........          X
                               Surface Coating Operations.
SS                            Industrial Surface Coating: Large           X   ..........  ..........          X
                               Appliances.
TT                            Metal Coil Surface Coating........          X   ..........  ..........          X

[[Page 36]]

 
UU                            Asphalt Processing and Asphalt              X   ..........  ..........          X
                               Roofing Manufacture.
VV                            Equipment Leaks of VOC in the               X   ..........  ..........          X
                               Synthetic Organic Chemicals
                               Manufacturing Industry.
WW                            Beverage Can Surface Coating                X   ..........  ..........          X
                               Industry.
XX                            Bulk Gasoline Terminals...........
AAA                           New Residential Wool Heaters......          X   ..........  ..........          X
BBB                           Rubber Tire Manufacturing Industry          X   ..........  ..........          X
CCC                           (Reserved)........................
DDD                           Volatile Organic Compounds (VOC)            X   ..........  ..........          X
                               Emissions from the Polymer
                               Manufacturing Industry.
EEE                           (Reserved)........................
FFF                           Flexible Vinyl and Urethane                 X   ..........  ..........          X
                               Coating and Printing.
GGG                           Equipment Leaks of VOC in                   X   ..........  ..........          X
                               Petroleum Refineries.
HHH                           Synthetic Fiber Production                  X   ..........  ..........          X
                               Facilities.
III                           Volatile Organic Compound (VOC)             X   ..........  ..........          X
                               Emissions From the Synthetic
                               Organic Chemical Manufacturing
                               Industry (SOCMI) Air Oxidation
                               Unit Processes.
JJJ                           Petroleum Dry Cleaners............          X   ..........  ..........          X
KKK                           Equipment Leaks of VOC From                 X   ..........  ..........          X
                               Onshore Natural Gas Processing
                               Plants.
LLL                           Onshore Natural Gas Processing:             X   ..........  ..........          X
                               SO2 Emissions.
MMM                           (Reserved)........................  ..........  ..........  ..........
NNN                           Volatile Organic Compound (VOC)             X   ..........  ..........          X
                               Emissions From Synthetic Organic
                               Chemical Manufacturing Industry
                               (SOCMI) Distillation Operations.
OOO                           Nonmetallic Mineral Processing              X   ..........  ..........          X
                               Plants.
PPP                           Wool Fiberglass Insulation                  X   ..........  ..........          X
                               Manufacturing Plants.
QQQ                           VOC Emissions From Petroleum                X   ..........  ..........          X
                               Refinery Wastewater Systems.
RRR                           Volatile Organic Compound                   X
                               Emissions from Synthetic Organic
                               Chemical Manufacturing Industry
                               (SOCMI) Reactor Processes.
SSS                           Magnetic Tape Coating Facilities..          X   ..........  ..........          X
TTT                           Industrial Surface Coating:
                               Surface Coating of Plastic Parts
                               for Business Machines.
UUU                           Calciners and Dryers in Mineral             X   ..........  ..........          X
                               Industries.
VVV                           Polymeric Coating of Supporting             X   ..........  ..........          X
                               Substrates Facilities.
WWW                           Municipal Solid Waste Landfills...          X   ..........  ..........
----------------------------------------------------------------------------------------------------------------

    (v) Delegations for Modoc Air Pollution Control District, Mojave 
Desert Air Quality Management District, Monterey Bay Unified Air 
Pollution Control District and North Coast Unified Air Quality 
Management District are shown in the following table:

 Delegation Status for New Source Performance Standards for Modoc County APCD, Mojave Desert AQMD, Monterey Bay
                                   Unified APCD, and North Coast Unified AQMD
----------------------------------------------------------------------------------------------------------------
                                                                           Air pollution control agency
                                                                 -----------------------------------------------
                                                                                           Monterey      North
                                            Subpart                  Modoc      Mojave        Bay        Coast
                                                                    County      Desert      Unified     Unified
                                                                     APCD        AQMD        APCD        AQMD
----------------------------------------------------------------------------------------------------------------
A                             General Provisions................          X           X           X           X
D                             Fossil-Fuel Fired Steam Generators          X           X           X           X
                               Constructed After August 17, 1971.
Da                            Electric Utility Steam Generating           X           X           X           X
                               Units Constructed After September
                               18, 1978.
Db                            Industrial-Commercial-                      X           X           X           X
                               Institutional Steam Generating
                               Units.
Dc                            Small Industrial-Commercial-        ..........          X           X
                               Institutional Steam Generating
                               Units.
E                             Incinerators......................          X           X           X           X

[[Page 37]]

 
Ea                            Municipal Waste Combustors          ..........          X   ..........
                               Constructed After December 20,
                               1989 and On or Before September
                               20, 1994.
Eb                            Large Municipal Waste Combustors    ..........          X   ..........
                               Constructed After September 20,
                               1994.
Ec                            Hospital/Medical/Infectious Waste   ..........          X   ..........
                               Incinerators for Which
                               Construction is Commenced After
                               June 20, 1996.
F                             Portland Cement Plants............          X           X           X           X
G                             Nitric Acid Plants................          X           X           X           X
Ga                            Nitric Acid Plants For Which        ..........  ..........  ..........
                               Construction, Reconstruction or
                               Modification Commenced After
                               October 14, 2011.
H                             Sulfuric Acid Plant...............          X           X           X           X
I                             Hot Mix Asphalt Facilities........          X           X           X           X
J                             Petroleum Refineries..............          X           X           X           X
Ja                            Petroleum Refineries for Which      ..........          X   ..........
                               Construction, Reconstruction, or
                               Modification Commenced After May
                               14, 2007.
K                             Storage Vessels for Petroleum               X           X           X           X
                               Liquids for Which Construction,
                               Reconstruction, or Modification
                               Commenced After June 11, 1973,
                               and Prior to May 19, 1978.
Ka                            Storage Vessels for Petroleum               X           X           X           X
                               Liquids for Which Construction,
                               Reconstruction, or Modification
                               Commenced After May 18, 1978, and
                               Prior to July 23, 1984.
Kb                            Volatile Organic Liquid Storage             X           X           X           X
                               Vessels (Including Petroleum
                               Liquid Storage Vessels) for Which
                               Construction, Reconstruction, or
                               Modification Commenced After July
                               23, 1984.
L                             Secondary Lead Smelters...........          X           X           X           X
M                             Secondary Brass and Bronze                  X           X           X           X
                               Production Plants.
N                             Primary Emissions from Basic                X           X           X           X
                               Oxygen Process Furnaces for Which
                               Construction is Commenced After
                               June 11, 1973.
Na                            Secondary Emissions from Basic              X           X           X           X
                               Oxygen Process Steelmaking
                               Facilities for Which Construction
                               is Commenced After January 20,
                               1983.
O                             Sewage Treatment Plants...........          X           X           X           X
P                             Primary Copper Smelters...........          X           X           X           X
Q                             Primary Zinc Smelters.............          X           X           X           X
R                             Primary Lead Smelters.............          X           X           X           X
S                             Primary Aluminum Reduction Plants.          X           X           X           X
T                             Phosphate Fertilizer Industry: Wet          X           X           X           X
                               Process Phosphoric Acid Plants.
U                             Phosphate Fertilizer Industry:              X           X           X           X
                               Superphosphoric Acid Plants.
V                             Phosphate Fertilizer Industry:              X           X           X           X
                               Diammonium Phosphate Plants.
W                             Phosphate Fertilizer Industry:              X           X           X           X
                               Triple Superphosphate Plants.
X                             Phosphate Fertilizer Industry:              X           X           X           X
                               Granular Triple Superphosphate
                               Storage Facilities.
Y                             Coal Preparation and Processing             X           X           X           X
                               Plants.
Z                             Ferroalloy Production Facilities..          X           X           X           X
AA                            Steel Plants: Electric Arc                  X           X           X           X
                               Furnaces Constructed After
                               October 21, 1974 and On or Before
                               August 17, 1983.
AAa                           Steel Plants: Electric Arc                  X           X           X           X
                               Furnaces and Argon-Oxygen
                               Decarburization Vessels
                               Constructed After August 7, 1983.
BB                            Kraft Pulp Mills..................          X           X           X           X
CC                            Glass Manufacturing Plants........          X           X           X           X
DD                            Grain Elevators...................          X           X           X           X
EE                            Surface Coating of Metal Furniture          X           X           X           X
FF                            (Reserved)........................  ..........  ..........  ..........
GG                            Stationary Gas Turbines...........          X           X           X           X
HH                            Lime Manufacturing Plants.........          X           X           X           X
KK                            Lead-Acid Battery Manufacturing             X           X           X           X
                               Plants.
LL                            Metallic Mineral Processing Plants          X           X           X           X
MM                            Automobile and Light Duty Trucks            X           X           X           X
                               Surface Coating Operations.
NN                            Phosphate Rock Plants.............          X           X           X           X
PP                            Ammonium Sulfate Manufacture......          X           X           X           X
QQ                            Graphic Arts Industry: Publication          X           X           X           X
                               Rotogravure Printing.
RR                            Pressure Sensitive Tape and Label           X           X           X           X
                               Surface Coating Operations.
SS                            Industrial Surface Coating: Large           X           X           X           X
                               Appliances.
TT                            Metal Coil Surface Coating........          X           X           X           X
UU                            Asphalt Processing and Asphalt              X           X           X           X
                               Roofing Manufacture.

[[Page 38]]

 
VV                            Equipment Leaks of VOC in the               X           X           X           X
                               Synthetic Organic Industry
                               Chemicals Manufacturing.
VVa                           Equipment Leaks of VOC in the       ..........          X   ..........
                               Synthetic Organic Industry for
                               Which Construction,
                               Reconstruction, or Chemicals
                               Manufacturing Modification
                               Commenced After November 7, 2006.
WW                            Beverage Can Surface Coating                X           X           X           X
                               Industry.
XX                            Bulk Gasoline Terminals...........  ..........  ..........  ..........
AAA                           New Residential Wood Heaters......          X           X           X           X
BBB                           Rubber Tire Manufacturing Industry          X           X           X           X
CCC                           (Reserved)........................  ..........  ..........  ..........
DDD                           Volatile Organic Compounds (VOC)            X           X           X
                               Emissions from the Polymer
                               Manufacturing Industry.
EEE                           (Reserved)........................  ..........  ..........  ..........
FFF                           Flexible Vinyl and Urethane                 X           X           X           X
                               Coating and Printing.
GGG                           Equipment Leaks of VOC in                   X           X           X           X
                               Petroleum Refineries.
GGGa                          Equipment Leaks of VOC in           ..........          X   ..........
                               Petroleum Refineries for Which
                               Construction, Reconstruction, or
                               Modification Commenced After
                               November 7, 2006.
HHH                           Synthetic Fiber Production                  X           X           X           X
                               Facilities.
III                           Volatile Organic Compound (VOC)     ..........          X   ..........
                               Emissions From the Synthetic
                               Organic Chemical Manufacturing
                               Industry (SOCMI) Air Oxidation
                               Unit Processes.
JJJ                           Petroleum Dry Cleaners............          X           X           X           X
KKK                           Equipment Leaks of VOC From                 X           X           X           X
                               Onshore Natural Gas Processing
                               Plants.
LLL                           Onshore Natural Gas Processing:             X           X           X           X
                               SO2 Emissions.
MMM                           (Reserved)........................  ..........  ..........  ..........
NNN                           Volatile Organic Compound (VOC)             X           X           X
                               Emissions From Synthetic Organic
                               Chemical Manufacturing Industry
                               (SOCMI) Distillation Operations.
OOO                           Nonmetallic Mineral Processing              X           X           X           X
                               Plants.
PPP                           Wool Fiberglass Insulation                  X           X           X           X
                               Manufacturing Plants.
QQQ                           VOC Emissions From Petroleum                X           X           X           X
                               Refinery Wastewater Systems.
RRR                           Volatile Organic Compound           ..........          X   ..........
                               Emissions from Synthetic Organic
                               Chemical Manufacturing Industry
                               (SOCMI) Reactor Processes.
SSS                           Magnetic Tape Coating Facilities..          X           X           X           X
TTT                           Industrial Surface Coating:                 X           X           X           X
                               Surface Coating of Plastic Parts
                               for Business Machines.
UUU                           Calciners and Dryers in Mineral     ..........          X           X
                               Industries.
VVV                           Polymeric Coating of Supporting     ..........          X           X           X
                               Substrates Facilities.
WWW                           Municipal Solid Waste Landfills...  ..........          X   ..........
AAAA                          Small Municipal Waste Combustion    ..........          X   ..........
                               Units for Which Construction is
                               Commenced After August 30, 1999
                               or for Which Modification or
                               Reconstruction is Commended After
                               June 6, 2001.
CCCC                          Commercial and Industrial Solid     ..........          X   ..........
                               Waste Incineration Units for
                               Which Construction Is Commenced
                               After November 30, 1999 or for
                               Which Modification or
                               Reconstruction Is Commenced on or
                               After June 1, 2001.
EEEE                          Other Solid Waste Incineration      ..........          X   ..........
                               Units for Which Construction is
                               Commenced After December 9, 2004,
                               or for Which Modification or
                               Reconstruction is Commenced on or
                               After June 16, 2006.
GGGG                          (Reserved)........................  ..........  ..........  ..........
HHHH                          (Reserved)........................  ..........  ..........  ..........
IIII                          Stationary Compression Ignition     ..........          X   ..........
                               Internal Combustion Engines.
JJJJ                          Stationary Spark Ignition Internal  ..........          X   ..........
                               Combustion Engines.
KKKK                          Stationary Combustion Turbines....  ..........          X   ..........
LLLL                          New Sewage Sludge Incineration      ..........  ..........  ..........
                               Units.
OOOO                          Crude Oil and Natural Gas           ..........  ..........  ..........
                               Production, Transmission, and
                               Distribution.
----------------------------------------------------------------------------------------------------------------

    (vi) Delegations for Northern Sierra Air Quality Management 
District, Northern Sonoma County Air Pollution Control District, Placer 
County

[[Page 39]]

Air Pollution Control District, and Sacramento Metropolitan Air Quality 
Management District are shown in the following table:

   Delegation Status for New Source Performance Standards for Northern Sierra Air Quality Management District,
    Northern Sonoma County Air Pollution Control District, Placer County Air Pollution Control District, and
                             Sacramento Metropolitan Air Quality Management District
----------------------------------------------------------------------------------------------------------------
                                                                          Air pollution control agency
                                                               -------------------------------------------------
                                                                             Northern
                                         Subpart                 Northern     Sonoma      Placer     Sacramento
                                                                  Sierra      County      County    Metropolitan
                                                                   AQMD        APCD        APCD         AQMD
----------------------------------------------------------------------------------------------------------------
A                         General Provisions..................  ..........          X   ..........           X
D                         Fossil-Fuel Fired Steam Generators    ..........          X   ..........           X
                           Constructed After August 17, 1971.
Da                        Electric Utility Steam Generating     ..........          X   ..........           X
                           Units Constructed After September
                           18, 1978.
Db                        Industrial-Commercial-Institutional   ..........  ..........  ..........           X
                           Steam Generating Units.
Dc                        Small Industrial Steam Generating     ..........  ..........  ..........           X
                           Units.
E                         Incinerators........................  ..........          X   ..........           X
Ea                        Municipal Waste Combustors            ..........  ..........  ..........           X
                           Constructed After December 20, 1989
                           and On or Before September 20, 1994.
Eb                        Municipal Waste Combustors            ..........  ..........  ..........           X
                           Constructed After September 20,
                           1994.
Ec                        Hospital/Medical/Infectious Waste     ..........  ..........  ..........           X
                           Incinerators for Which Construction
                           is Commenced After June 20, 1996.
F                         Portland Cement Plants..............  ..........          X   ..........           X
G                         Nitric Acid Plants..................  ..........          X   ..........           X
H                         Sulfuric Acid Plants................  ..........          X   ..........           X
I                         Hot Mix Asphalt Facilities..........  ..........          X   ..........           X
J                         Petroleum Refineries................  ..........          X   ..........           X
K                         Storage Vessels for Petroleum         ..........          X   ..........           X
                           Liquids for Which Construction,
                           Reconstruction, or Modification
                           Commenced After June 11, 1973, and
                           Prior to May 19, 1978.
Ka                        Storage Vessels for Petroleum         ..........          X   ..........           X
                           Liquids for Which Construction,
                           Reconstruction, or Modification
                           Commenced After May 18, 1978, and
                           Prior to July 23, 1984.
Kb                        Volatile Organic Liquid Storage       ..........  ..........  ..........           X
                           Vessels (Including Petroleum Liquid
                           Storage Vessels) for Which
                           Construction, Reconstruction, or
                           Modification Commenced After July
                           23, 1984.
L                         Secondary Lead Smelters.............  ..........          X   ..........           X
M                         Secondary Brass and Bronze            ..........          X   ..........           X
                           Production Plants.
N                         Primary Emissions from Basic Oxygen   ..........          X   ..........           X
                           Process Furnaces for Which
                           Construction is Commenced After
                           June 11, 1973.
Na                        Secondary Emissions from Basic        ..........  ..........  ..........           X
                           Oxygen Process Steelmaking
                           Facilities for Which Construction
                           is Commenced After January 20, 1983.
O                         Sewage Treatment Plants.............  ..........          X   ..........           X
P                         Primary Copper Smelters.............  ..........          X   ..........           X
Q                         Primary Zinc Smelters...............  ..........          X   ..........           X
R                         Primary Lead Smelters...............  ..........          X   ..........           X
S                         Primary Aluminum Reduction Plants...  ..........          X   ..........           X
T                         Phosphate Fertilizer Industry: Wet    ..........          X   ..........           X
                           Process Phosphoric Acid Plants.
U                         Phosphate Fertilizer Industry:        ..........          X   ..........           X
                           Superphosphoric Acid Plants.
V                         Phosphate Fertilizer Industry:        ..........          X   ..........           X
                           Diammonium Phosphate Plants.
W                         Phosphate Fertilizer Industry:        ..........          X   ..........           X
                           Triple Superphosphate Plants.
X                         Phosphate Fertilizer Industry:        ..........          X   ..........           X
                           Granular Triple Superphosphate
                           Storage Facilities.
Y                         Coal Preparation Plants.............  ..........          X   ..........           X
Z                         Ferroalloy Production Facilities....  ..........          X   ..........           X
AA                        Steel Plants: Electric Arc Furnaces   ..........          X   ..........           X
                           Constructed After October 21, 1974
                           and On or Before August 17, 1983.
AAa                       Steel Plants: Electric Arc Furnaces   ..........  ..........  ..........           X
                           and Argon-Oxygen Decarburization
                           Vessels Constructed After August 7,
                           1983.
BB                        Kraft pulp Mills....................  ..........          X   ..........           X
CC                        Glass Manufacturing Plants..........  ..........          X   ..........           X
DD                        Grain Elevators.....................  ..........          X   ..........           X
EE                        Surface Coating of Metal Furniture..  ..........  ..........  ..........           X
FF                        (Reserved)..........................
GG                        Stationary Gas Turbines.............  ..........          X   ..........           X
HH                        Lime Manufacturing Plants...........  ..........          X   ..........           X
KK                        Lead-Acid Battery Manufacturing       ..........  ..........  ..........           X
                           Plants.

[[Page 40]]

 
LL                        Metallic Mineral Processing Plants..  ..........  ..........  ..........           X
MM                        Automobile and Light Duty Trucks      ..........          X   ..........           X
                           Surface Coating Operations.
NN                        Phosphate Rock Plants...............  ..........  ..........  ..........           X
PP                        Ammonium Sulfate Manufacture........  ..........          X   ..........           X
QQ                        Graphic Arts Industry: Publication    ..........  ..........  ..........           X
                           Rotogravure Printing.
RR                        Pressure Sensitive Tape and Label     ..........  ..........  ..........           X
                           Surface Coating Operations.
SS                        Industrial Surface Coating: Large     ..........  ..........  ..........           X
                           Appliances.
TT                        Metal Coil Surface Coating..........  ..........  ..........  ..........           X
UU                        Asphalt Processing and Asphalt        ..........  ..........  ..........           X
                           Roofing Manufacture.
VV                        Equipment Leaks of VOC in the         ..........  ..........  ..........           X
                           Synthetic Organic Chemicals
                           Manufacturing Industry.
WW                        Beverage Can Surface Coating          ..........  ..........  ..........           X
                           Industry.
XX                        Bulk Gasoline Terminals.............
AAA                       New Residential Wool Heaters........  ..........  ..........  ..........           X
BBB                       Rubber Tire Manufacturing Industry..  ..........  ..........  ..........           X
CCC                       (Reserved)..........................
DDD                       Volatile Organic Compounds (VOC)      ..........  ..........  ..........           X
                           Emissions from the Polymer
                           Manufacturing Industry.
EEE                       (Reserved)..........................
FFF                       Flexible Vinyl and Urethane Coating   ..........  ..........  ..........           X
                           and Printing.
GGG                       Equipment Leaks of VOC in Petroleum   ..........  ..........  ..........           X
                           Refineries.
HHH                       Synthetic Fiber Production            ..........  ..........  ..........           X
                           Facilities.
III                       Volatile Organic Compound (VOC)       ..........  ..........  ..........           X
                           Emissions From the Synthetic
                           Organic Chemical Manufacturing
                           Industry (SOCMI) Air Oxidation Unit
                           Processes.
JJJ                       Petroleum Dry Cleaners..............  ..........  ..........  ..........           X
KKK                       Equipment Leaks of VOC From Onshore   ..........  ..........  ..........           X
                           Natural Gas Processing Plants.
LLL                       Onshore Natural Gas Processing: SO2   ..........  ..........  ..........           X
                           Emissions.
MMM                       (Reserved)..........................
NNN                       Volatile Organic Compound (VOC)       ..........  ..........  ..........           X
                           Emissions From Synthetic Organic
                           Chemical Manufacturing Industry
                           (SOCMI) Distillation Operations.
OOO                       Nonmetallic Mineral Processing        ..........  ..........  ..........           X
                           Plants.
PPP                       Wool Fiberglass Insulation            ..........  ..........  ..........           X
                           Manufacturing Plants.
QQQ                       VOC Emissions From Petroleum          ..........  ..........  ..........           X
                           Refinery Wastewater Systems.
RRR                       Volatile Organic Compound Emissions   ..........  ..........  ..........           X
                           from Synthetic Organic Chemical
                           Manufacturing Industry (SOCMI)
                           Reactor Processes.
SSS                       Magnetic Tape Coating Facilities....  ..........  ..........  ..........           X
TTT                       Industrial Surface Coating: Surface   ..........  ..........  ..........           X
                           Coating of Plastic Parts for
                           Business Machines.
UUU                       Calciners and Dryers in Mineral       ..........  ..........  ..........           X
                           Industries.
VVV                       Polymeric Coating of Supporting       ..........  ..........  ..........           X
                           Substrates Facilities.
WWW                       Municipal Solid Waste Landfills.....  ..........  ..........  ..........           X
----------------------------------------------------------------------------------------------------------------

    (vii) Delegations for San Diego County Air Pollution Control 
District, San Joaquin Valley Unified Air Pollution Control District, San 
Luis Obispo County Air Pollution Control District, and Santa Barbara 
County Air Pollution Control District are shown in the following table:

[[Page 41]]



  Delegation Status for New Source Performance Standards for San Diego County APCD, San Joaquin Valley Unified
                        APCD, San Luis Obispo County APCD, and Santa Barbara County APCD
----------------------------------------------------------------------------------------------------------------
                                                                           Air pollution control agency
                                                                 -----------------------------------------------
                                                                                  San
                                            Subpart                San Diego    Joaquin    San Luis      Santa
                                                                    County      Valley      Obispo      Barbara
                                                                     APCD       Unified     County      County
                                                                                 APCD        APCD        APCD
----------------------------------------------------------------------------------------------------------------
A                             General Provisions................          X           X           X           X
D                             Fossil-Fuel Fired Steam Generators          X           X           X           X
                               Constructed After August 17, 1971.
Da                            Electric Utility Steam Generating           X           X           X           X
                               Units Constructed After September
                               18, 1978.
Db                            Industrial-Commercial-                      X           X           X           X
                               Institutional Steam Generating
                               Units.
Dc                            Small Industrial-Commercial-                X           X           X           X
                               Institutional Steam Generating
                               Units.
E                             Incinerators......................          X           X           X           X
Ea                            Municipal Waste Combustors                  X           X           X
                               Constructed After December 20,
                               1989 and On or Before September
                               20, 1994.
Eb                            Large Municipal Waste Combustors            X           X   ..........          X
                               Constructed After September 20,
                               1994.
Ec                            Hospital/Medical/Infectious Waste           X   ..........  ..........          X
                               Incinerators for Which
                               Construction is Commenced After
                               June 20, 1996.
F                             Portland Cement Plants............          X           X           X
G                             Nitric Acid Plants................          X           X           X
Ga                            Nitric Acid Plants For Which        ..........  ..........  ..........
                               Construction, Reconstruction or
                               Modification Commenced After
                               October 14, 2011.
H                             Sulfuric Acid Plant...............          X           X           X
I                             Hot Mix Asphalt Facilities........          X           X           X           X
J                             Petroleum Refineries..............          X           X           X           X
Ja                            Petroleum Refineries for Which      ..........  ..........  ..........          X
                               Construction, Reconstruction, or
                               Modification Commenced After May
                               14, 2007.
K                             Storage Vessels for Petroleum               X           X           X           X
                               Liquids for Which Construction,
                               Reconstruction, or Modification
                               Commenced After June 11, 1973,
                               and Prior to May 19, 1978.
Ka                            Storage Vessels for Petroleum               X           X           X           X
                               Liquids for Which Construction,
                               Reconstruction, or Modification
                               Commenced After May 18, 1978, and
                               Prior to July 23, 1984.
Kb                            Volatile Organic Liquid Storage             X           X           X           X
                               Vessels (Including Petroleum
                               Liquid Storage Vessels) for Which
                               Construction, Reconstruction, or
                               Modification Commenced After July
                               23, 1984.
L                             Secondary Lead Smelters...........          X           X           X           X
M                             Secondary Brass and Bronze                  X           X           X           X
                               Production Plants.
N                             Primary Emissions from Basic                X           X           X
                               Oxygen Process Furnaces for Which
                               Construction is Commenced After
                               June 11, 1973.
Na                            Secondary Emissions from Basic              X           X           X
                               Oxygen Process Steelmaking
                               Facilities for Which Construction
                               is Commenced After January 20,
                               1983.
O                             Sewage Treatment Plants...........          X           X           X           X
P                             Primary Copper Smelters...........          X           X           X
Q                             Primary Zinc Smelters.............          X           X           X
R                             Primary Lead Smelters.............          X           X           X
S                             Primary Aluminum Reduction Plants.          X           X           X
T                             Phosphate Fertilizer Industry: Wet          X           X           X
                               Process Phosphoric Acid Plants.
U                             Phosphate Fertilizer Industry:              X           X           X
                               Superphosphoric Acid Plants.
V                             Phosphate Fertilizer Industry:              X           X           X
                               Diammonium Phosphate Plants.
W                             Phosphate Fertilizer Industry:              X           X           X
                               Triple Superphosphate Plants.
X                             Phosphate Fertilizer Industry:              X           X           X
                               Granular Triple Superphosphate
                               Storage Facilities.
Y                             Coal Preparation and Processing             X           X           X
                               Plants.
Z                             Ferroalloy Production Facilities..          X           X           X
AA                            Steel Plants: Electric Arc                  X           X           X
                               Furnaces Constructed After
                               October 21, 1974 and On or Before
                               August 17, 1983.
AAa                           Steel Plants: Electric Arc                  X           X           X
                               Furnaces and Argon-Oxygen
                               Decarburization Vessels
                               Constructed After August 7, 1983.
BB                            Kraft Pulp Mills..................          X           X           X
CC                            Glass Manufacturing Plants........          X           X           X           X
DD                            Grain Elevators...................          X           X           X           X
EE                            Surface Coating of Metal Furniture          X           X           X
FF                            (Reserved)........................  ..........  ..........  ..........
GG                            Stationary Gas Turbines...........          X           X           X           X
HH                            Lime Manufacturing Plants.........          X           X           X
KK                            Lead-Acid Battery Manufacturing             X           X           X
                               Plants.

[[Page 42]]

 
LL                            Metallic Mineral Processing Plants          X           X           X
MM                            Automobile and Light Duty Trucks            X           X           X
                               Surface Coating Operations.
NN                            Phosphate Rock Plants.............          X           X           X
PP                            Ammonium Sulfate Manufacture......          X           X           X
QQ                            Graphic Arts Industry: Publication          X           X           X
                               Rotogravure Printing.
RR                            Pressure Sensitive Tape and Label           X           X           X
                               Surface Coating Operations.
SS                            Industrial Surface Coating: Large           X           X           X
                               Appliances.
TT                            Metal Coil Surface Coating........          X           X           X
UU                            Asphalt Processing and Asphalt              X           X           X
                               Roofing Manufacture.
VV                            Equipment Leaks of VOC in the               X           X           X
                               Synthetic Organic Industry
                               Chemicals Manufacturing.
VVa                           Equipment Leaks of VOC in the       ..........  ..........  ..........          X
                               Synthetic Organic Industry for
                               Which Construction,
                               Reconstruction, or Chemicals
                               Manufacturing Modification
                               Commenced After November 7, 2006.
WW                            Beverage Can Surface Coating                X           X           X
                               Industry.
XX                            Bulk Gasoline Terminals...........  ..........  ..........  ..........
AAA                           New Residential Wood Heaters......          X           X           X           X
BBB                           Rubber Tire Manufacturing Industry          X           X           X
CCC                           (Reserved)........................  ..........  ..........  ..........
DDD                           Volatile Organic Compounds (VOC)            X           X   ..........
                               Emissions from the Polymer
                               Manufacturing Industry.
EEE                           (Reserved)........................  ..........  ..........  ..........
FFF                           Flexible Vinyl and Urethane                 X           X           X
                               Coating and Printing.
GGG                           Equipment Leaks of VOC in                   X           X           X
                               Petroleum Refineries.
GGGa                          Equipment Leaks of VOC in           ..........  ..........  ..........          X
                               Petroleum Refineries for Which
                               Construction, Reconstruction, or
                               Modification Commenced After
                               November 7, 2006.
HHH                           Synthetic Fiber Production                  X           X           X
                               Facilities.
III                           Volatile Organic Compound (VOC)             X           X   ..........
                               Emissions From the Synthetic
                               Organic Chemical Manufacturing
                               Industry (SOCMI) Air Oxidation
                               Unit Processes.
JJJ                           Petroleum Dry Cleaners............          X           X           X
KKK                           Equipment Leaks of VOC From                 X           X           X
                               Onshore Natural Gas Processing
                               Plants.
LLL                           Onshore Natural Gas Processing:             X           X           X
                               SO2 Emissions.
MMM                           (Reserved)........................  ..........  ..........  ..........
NNN                           Volatile Organic Compound (VOC)             X           X   ..........
                               Emissions From Synthetic Organic
                               Chemical Manufacturing Industry
                               (SOCMI) Distillation Operations.
OOO                           Nonmetallic Mineral Processing              X           X           X           X
                               Plants.
PPP                           Wool Fiberglass Insulation                  X           X           X
                               Manufacturing Plants.
QQQ                           VOC Emissions From Petroleum                X           X           X
                               Refinery Wastewater Systems.
RRR                           Volatile Organic Compound                   X           X           X
                               Emissions from Synthetic Organic
                               Chemical Manufacturing Industry
                               (SOCMI) Reactor Processes.
SSS                           Magnetic Tape Coating Facilities..          X           X           X
TTT                           Industrial Surface Coating:                 X           X           X
                               Surface Coating of Plastic Parts
                               for Business Machines.
UUU                           Calciners and Dryers in Mineral             X           X           X           X
                               Industries.
VVV                           Polymeric Coating of Supporting             X           X           X           X
                               Substrates Facilities.
WWW                           Municipal Solid Waste Landfills...          X           X           X           X
AAAA                          Small Municipal Waste Combustion            X   ..........  ..........          X
                               Units for Which Construction is
                               Commenced After August 30, 1999
                               or for Which Modification or
                               Reconstruction is Commended After
                               June 6, 2001.
CCCC                          Commercial and Industrial Solid             X   ..........  ..........          X
                               Waste Incineration Units for
                               Which Construction Is Commenced
                               After November 30, 1999 or for
                               Which Modification or
                               Reconstruction Is Commenced on or
                               After June 1, 2001.
EEEE                          Other Solid Waste Incineration              X   ..........  ..........          X
                               Units for Which Construction is
                               Commenced After December 9, 2004,
                               or for Which Modification or
                               Reconstruction is Commenced on or
                               After June 16, 2006.
GGGG                          (Reserved)........................  ..........  ..........  ..........
HHHH                          (Reserved)........................  ..........  ..........  ..........
IIII                          Stationary Compression Ignition     ..........  ..........  ..........          X
                               Internal Combustion Engines.
JJJJ                          Stationary Spark Ignition Internal  ..........  ..........  ..........          X
                               Combustion Engines.

[[Page 43]]

 
KKKK                          Stationary Combustion Turbines....          X   ..........  ..........          X
LLLL                          New Sewage Sludge Incineration      ..........  ..........  ..........
                               Units.
OOOO                          Crude Oil and Natural Gas           ..........  ..........  ..........
                               Production, Transmission, and
                               Distribution.
----------------------------------------------------------------------------------------------------------------

    (viii) Delegations for Shasta County Air Quality Management 
District, Siskiyou County Air Pollution Control District, South Coast 
Air Quality Management District, and Tehama County Air Pollution Control 
District are shown in the following table:

Delegation Status for New Source Performance Standards for Shasta County AQMD, Siskiyou County APCD, South Coast
                                          AQMD, and Tehama County APCD
----------------------------------------------------------------------------------------------------------------
                                                                           Air pollution control agency
                                                                 -----------------------------------------------
                                          Subpart                   Shasta     Siskiyou                 Tehama
                                                                    County      County       South      County
                                                                     AQMD        APCD     Coast AQMD     APCD
----------------------------------------------------------------------------------------------------------------
A                          General Provisions...................          X           X           X
D                          Fossil-Fuel Fired Steam Generators             X   ..........          X
                            Constructed After August 17, 1971.
Da                         Electric Utility Steam Generating      ..........  ..........          X
                            Units Constructed After September
                            18, 1978.
Db                         Industrial-Commercial-Institutional    ..........  ..........          X
                            Steam Generating Units.
Dc                         Small Industrial-Commercial-           ..........  ..........          X
                            Institutional Steam Generating Units.
E                          Incinerators.........................          X   ..........          X
Ea                         Municipal Waste Combustors             ..........  ..........          X
                            Constructed After December 20, 1989
                            and On or Before September 20, 1994.
Eb                         Large Municipal Waste Combustors       ..........  ..........          X
                            Constructed After September 20, 1994.
Ec                         Hospital/Medical/Infectious Waste      ..........  ..........          X
                            Incinerators for Which Construction
                            is Commenced After June 20, 1996.
F                          Portland Cement Plants...............          X   ..........          X
G                          Nitric Acid Plants...................          X   ..........          X
Ga                         Nitric Acid Plants For Which           ..........  ..........  ..........
                            Construction, Reconstruction or
                            Modification Commenced After October
                            14, 2011.
H                          Sulfuric Acid Plant..................          X   ..........          X
I                          Hot Mix Asphalt Facilities...........          X   ..........          X
J                          Petroleum Refineries.................          X   ..........          X
Ja                         Petroleum Refineries for Which         ..........  ..........          X
                            Construction, Reconstruction, or
                            Modification Commenced After May 14,
                            2007.
K                          Storage Vessels for Petroleum Liquids          X   ..........          X
                            for Which Construction,
                            Reconstruction, or Modification
                            Commenced After June 11, 1973, and
                            Prior to May 19, 1978.
Ka                         Storage Vessels for Petroleum Liquids  ..........  ..........          X
                            for Which Construction,
                            Reconstruction, or Modification
                            Commenced After May 18, 1978, and
                            Prior to July 23, 1984.
Kb                         Volatile Organic Liquid Storage        ..........  ..........          X
                            Vessels (Including Petroleum Liquid
                            Storage Vessels) for Which
                            Construction, Reconstruction, or
                            Modification Commenced After July
                            23, 1984.
L                          Secondary Lead Smelters..............          X   ..........          X
M                          Secondary Brass and Bronze Production          X   ..........          X
                            Plants.
N                          Primary Emissions from Basic Oxygen            X   ..........          X
                            Process Furnaces for Which
                            Construction is Commenced After June
                            11, 1973.
Na                         Secondary Emissions from Basic Oxygen  ..........  ..........          X
                            Process Steelmaking Facilities for
                            Which Construction is Commenced
                            After January 20, 1983.
O                          Sewage Treatment Plants..............          X   ..........          X
P                          Primary Copper Smelters..............          X   ..........          X
Q                          Primary Zinc Smelters................          X   ..........          X

[[Page 44]]

 
R                          Primary Lead Smelters................          X   ..........          X
S                          Primary Aluminum Reduction Plants....          X   ..........          X
T                          Phosphate Fertilizer Industry: Wet             X   ..........          X
                            Process Phosphoric Acid Plants.
U                          Phosphate Fertilizer Industry:                 X   ..........          X
                            Superphosphoric Acid Plants.
V                          Phosphate Fertilizer Industry:                 X   ..........          X
                            Diammonium Phosphate Plants.
W                          Phosphate Fertilizer Industry: Triple          X   ..........          X
                            Superphosphate Plants.
X                          Phosphate Fertilizer Industry:                 X   ..........          X
                            Granular Triple Superphosphate
                            Storage Facilities.
Y                          Coal Preparation and Processing                X   ..........          X
                            Plants.
Z                          Ferroalloy Production Facilities.....          X   ..........          X
AA                         Steel Plants: Electric Arc Furnaces            X   ..........          X
                            Constructed After October 21, 1974
                            and On or Before August 17, 1983.
AAa                        Steel Plants: Electric Arc Furnaces    ..........  ..........          X
                            and Argon-Oxygen Decarburization
                            Vessels Constructed After August 7,
                            1983.
BB                         Kraft Pulp Mills.....................          X   ..........          X
CC                         Glass Manufacturing Plants...........  ..........  ..........          X
DD                         Grain Elevators......................          X   ..........          X
EE                         Surface Coating of Metal Furniture...  ..........  ..........          X
FF                         (Reserved)...........................  ..........  ..........  ..........
GG                         Stationary Gas Turbines..............  ..........  ..........          X
HH                         Lime Manufacturing Plants............          X   ..........          X
KK                         Lead-Acid Battery Manufacturing        ..........  ..........          X
                            Plants.
LL                         Metallic Mineral Processing Plants...  ..........  ..........          X
MM                         Automobile and Light Duty Trucks       ..........  ..........          X
                            Surface Coating Operations.
NN                         Phosphate Rock Plants................  ..........  ..........          X
PP                         Ammonium Sulfate Manufacture.........  ..........  ..........          X
QQ                         Graphic Arts Industry: Publication     ..........  ..........          X
                            Rotogravure Printing.
RR                         Pressure Sensitive Tape and Label      ..........  ..........          X
                            Surface Coating Operations.
SS                         Industrial Surface Coating: Large      ..........  ..........          X
                            Appliances.
TT                         Metal Coil Surface Coating...........  ..........  ..........          X
UU                         Asphalt Processing and Asphalt         ..........  ..........          X
                            Roofing Manufacture.
VV                         Equipment Leaks of VOC in the          ..........  ..........          X
                            Synthetic Organic Industry Chemicals
                            Manufacturing.
VVa                        Equipment Leaks of VOC in the          ..........  ..........          X
                            Synthetic Organic Industry for Which
                            Construction, Reconstruction, or
                            Chemicals Manufacturing Modification
                            Commenced After November 7, 2006.
WW                         Beverage Can Surface Coating Industry  ..........  ..........          X
XX                         Bulk Gasoline Terminals..............  ..........  ..........  ..........
AAA                        New Residential Wood Heaters.........  ..........          X           X
BBB                        Rubber Tire Manufacturing Industry...  ..........          X           X
CCC                        (Reserved)...........................  ..........  ..........  ..........
DDD                        Volatile Organic Compounds (VOC)       ..........  ..........          X
                            Emissions from the Polymer
                            Manufacturing Industry.
EEE                        (Reserved)...........................  ..........  ..........  ..........
FFF                        Flexible Vinyl and Urethane Coating    ..........  ..........          X
                            and Printing.
GGG                        Equipment Leaks of VOC in Petroleum    ..........  ..........          X
                            Refineries.
GGGa                       Equipment Leaks of VOC in Petroleum    ..........  ..........          X
                            Refineries for Which Construction,
                            Reconstruction, or Modification
                            Commenced After November 7, 2006.
HHH                        Synthetic Fiber Production Facilities  ..........  ..........          X
III                        Volatile Organic Compound (VOC)        ..........  ..........          X
                            Emissions From the Synthetic Organic
                            Chemical Manufacturing Industry
                            (SOCMI) Air Oxidation Unit Processes.
JJJ                        Petroleum Dry Cleaners...............  ..........  ..........          X
KKK                        Equipment Leaks of VOC From Onshore    ..........  ..........          X
                            Natural Gas Processing Plants.
LLL                        Onshore Natural Gas Processing: SO2    ..........  ..........          X
                            Emissions.
MMM                        (Reserved)...........................  ..........  ..........  ..........
NNN                        Volatile Organic Compound (VOC)        ..........  ..........          X
                            Emissions From Synthetic Organic
                            Chemical Manufacturing Industry
                            (SOCMI) Distillation Operations.
OOO                        Nonmetallic Mineral Processing Plants  ..........  ..........          X
PPP                        Wool Fiberglass Insulation             ..........  ..........          X
                            Manufacturing Plants.
QQQ                        VOC Emissions From Petroleum Refinery  ..........          X           X
                            Wastewater Systems.
RRR                        Volatile Organic Compound Emissions    ..........  ..........          X
                            from Synthetic Organic Chemical
                            Manufacturing Industry (SOCMI)
                            Reactor Processes.
SSS                        Magnetic Tape Coating Facilities.....  ..........          X           X

[[Page 45]]

 
TTT                        Industrial Surface Coating: Surface    ..........          X           X
                            Coating of Plastic Parts for
                            Business Machines.
UUU                        Calciners and Dryers in Mineral        ..........  ..........          X
                            Industries.
VVV                        Polymeric Coating of Supporting        ..........  ..........          X
                            Substrates Facilities.
WWW                        Municipal Solid Waste Landfills......  ..........  ..........          X
AAAA                       Small Municipal Waste Combustion               X           X           X
                            Units for Which Construction is
                            Commenced After August 30, 1999 or
                            for Which Modification or
                            Reconstruction is Commended After
                            June 6, 2001.
CCCC                       Commercial and Industrial Solid Waste  ..........  ..........          X
                            Incineration Units for Which
                            Construction Is Commenced After
                            November 30, 1999 or for Which
                            Modification or Reconstruction Is
                            Commenced on or After June 1, 2001.
EEEE                       Other Solid Waste Incineration Units   ..........  ..........          X
                            for Which Construction is Commenced
                            After December 9, 2004, or for Which
                            Modification or Reconstruction is
                            Commenced on or After June 16, 2006.
GGGG                       (Reserved)...........................  ..........  ..........  ..........
HHHH                       (Reserved)...........................  ..........  ..........  ..........
IIII                       Stationary Compression Ignition        ..........  ..........          X
                            Internal Combustion Engines.
JJJJ                       Stationary Spark Ignition Internal     ..........  ..........          X
                            Combustion Engines.
KKKK                       Stationary Combustion Turbines.......  ..........  ..........          X
LLLL                       New Sewage Sludge Incineration Units.  ..........  ..........  ..........
OOOO                       Crude Oil and Natural Gas Production,  ..........  ..........  ..........
                            Transmission, and Distribution.
----------------------------------------------------------------------------------------------------------------

    (ix) Delegations for Tuolumne County Air Pollution Control District, 
Ventura County Air Pollution Control District, and Yolo-Solano Air 
Quality Management District are shown in the following table:

   Delegation Status for New Source Performance Standards for Tuolumne County Air Pollution Control District,
         Ventura County Air Pollution Control District, and Yolo-Solano Air Quality Management District
----------------------------------------------------------------------------------------------------------------
                                                                          Air Pollution Control Agency
                                                              --------------------------------------------------
                                         Subpart               Tuolumne County   Ventura County    Yolo-Solano
                                                                     APCD             APCD             AQMD
----------------------------------------------------------------------------------------------------------------
A                           General Provisions...............               X                X
D                           Fossil-Fuel Fired Steam                         X                X
                             Generators Constructed After
                             August 17, 1971.
Da                          Electric Utility Steam Generating               X
                             Units Constructed After
                             September 18, 1978.
Db                          Industrial-Commercial-                          X                X
                             Institutional Steam Generating
                             Units.
Dc                          Small Industrial Steam Generating               X
                             Units.
E                           Incinerators.....................               X
Ea                          Municipal Waste Combustors                      X
                             Constructed After December 20,
                             1989 and On or Before September
                             20, 1994.
Eb                          Municipal Waste Combustors                      X
                             Constructed After September 20,
                             1994.
Ec                          Hospital/Medical/Infectious Waste               X
                             Incinerators for Which
                             Construction is Commenced After
                             June 20, 1996.
F                           Portland Cement Plants...........               X
G                           Nitric Acid Plants...............               X
H                           Sulfuric Acid Plants.............               X
I                           Hot Mix Asphalt Facilities.......               X                X
J                           Petroleum Refineries.............               X                X
Ja                          Petroleum Refineries for Which
                             Construction, Reconstruction, or
                             Modification Commenced After May
                             14, 2007.
K                           Storage Vessels for Petroleum                   X                X
                             Liquids for Which Construction,
                             Reconstruction, or Modification
                             Commenced After June 11, 1973,
                             and Prior to May 19, 1978.
Ka                          Storage Vessels for Petroleum                   X
                             Liquids for Which Construction,
                             Reconstruction, or Modification
                             Commenced After May 18, 1978,
                             and Prior to July 23, 1984.

[[Page 46]]

 
Kb                          Volatile Organic Liquid Storage                 X
                             Vessels (Including Petroleum
                             Liquid Storage Vessels) for
                             Which Construction,
                             Reconstruction, or Modification
                             Commenced After July 23, 1984.
L                           Secondary Lead Smelters..........               X
M                           Secondary Brass and Bronze                      X
                             Production Plants.
N                           Primary Emissions from Basic                    X
                             Oxygen Process Furnaces for
                             Which Construction is Commenced
                             After June 11, 1973.
Na                          Secondary Emissions from Basic                  X
                             Oxygen Process Steelmaking
                             Facilities for Which
                             Construction is Commenced After
                             January 20, 1983.
O                           Sewage Treatment Plants..........               X
P                           Primary Copper Smelters..........               X
Q                           Primary Zinc Smelters............               X
R                           Primary Lead Smelters............               X
S                           Primary Aluminum Reduction Plants               X
T                           Phosphate Fertilizer Industry:                  X
                             Wet Process Phosphoric Acid
                             Plants.
U                           Phosphate Fertilizer Industry:                  X
                             Superphosphoric Acid Plants.
V                           Phosphate Fertilizer Industry:                  X
                             Diammonium Phosphate Plants.
W                           Phosphate Fertilizer Industry:                  X
                             Triple Superphosphate Plants.
X                           Phosphate Fertilizer Industry:                  X
                             Granular Triple Superphosphate
                             Storage Facilities.
Y                           Coal Preparation Plants..........               X
Z                           Ferroalloy Production Facilities.               X
AA                          Steel Plants: Electric Arc                      X                X
                             Furnaces Constructed After
                             October 21, 1974 and On or
                             Before August 17, 1983.
AAa                         Steel Plants: Electric Arc                      X
                             Furnaces and Argon-Oxygen
                             Decarburization Vessels
                             Constructed After August 7, 1983.
BB                          Kraft pulp Mills.................               X
CC                          Glass Manufacturing Plants.......               X
DD                          Grain Elevators..................               X
EE                          Surface Coating of Metal                        X
                             Furniture.
FF                          (Reserved).......................
GG                          Stationary Gas Turbines..........               X
HH                          Lime Manufacturing Plants........               X
KK                          Lead-Acid Battery Manufacturing                 X
                             Plants.
LL                          Metallic Mineral Processing                     X
                             Plants.
MM                          Automobile and Light Duty Trucks                X
                             Surface Coating Operations.
NN                          Phosphate Rock Plants............               X
PP                          Ammonium Sulfate Manufacture.....               X
QQ                          Graphic Arts Industry:                          X
                             Publication Rotogravure Printing.
RR                          Pressure Sensitive Tape and Label               X
                             Surface Coating Operations.
SS                          Industrial Surface Coating: Large               X
                             Appliances.
TT                          Metal Coil Surface Coating.......               X
UU                          Asphalt Processing and Asphalt                  X
                             Roofing Manufacture.
VV                          Equipment Leaks of VOC in the                   X
                             Synthetic Organic Chemicals
                             Manufacturing Industry.
VVa                         Equipment Leaks of VOC in the
                             Synthetic Organic Chemicals
                             Manufacturing Industry for Which
                             Construction, Reconstruction, or
                             Modification Commenced After
                             November 7, 2006.
WW                          Beverage Can Surface Coating                    X
                             Industry.
XX                          Bulk Gasoline Terminals..........
AAA                         New Residential Wood Heaters.....               X
BBB                         Rubber Tire Manufacturing                       X
                             Industry.
CCC                         (Reserved).......................
DDD                         Volatile Organic Compounds (VOC)                X
                             Emissions from the Polymer
                             Manufacturing Industry.
EEE                         (Reserved).......................
FFF                         Flexible Vinyl and Urethane                     X
                             Coating and Printing.
GGG                         Equipment Leaks of VOC in                       X
                             Petroleum Refineries.
GGGa                        Equipment Leaks of VOC in
                             Petroleum Refineries for Which
                             Construction, Reconstruction, or
                             Modification Commenced After
                             November 7, 2006.
HHH                         Synthetic Fiber Production                      X
                             Facilities.
III                         Volatile Organic Compound (VOC)                 X
                             Emissions From the Synthetic
                             Organic Chemical Manufacturing
                             Industry (SOCMI) Air Oxidation
                             Unit Processes.

[[Page 47]]

 
JJJ                         Petroleum Dry Cleaners...........               X
KKK                         Equipment Leaks of VOC From                     X
                             Onshore Natural Gas Processing
                             Plants.
LLL                         Onshore Natural Gas Processing:                 X
                             SO2 Emissions.
MMM                         (Reserved).......................
NNN                         Volatile Organic Compound (VOC)                 X
                             Emissions From Synthetic Organic
                             Chemical Manufacturing Industry
                             (SOCMI) Distillation Operations.
OOO                         Nonmetallic Mineral Processing                  X                X
                             Plants.
PPP                         Wool Fiberglass Insulation                      X
                             Manufacturing Plants.
QQQ                         VOC Emissions From Petroleum                    X
                             Refinery Wastewater Systems.
RRR                         Volatile Organic Compound                       X
                             Emissions from Synthetic Organic
                             Chemical Manufacturing Industry
                             (SOCMI) Reactor Processes.
SSS                         Magnetic Tape Coating Facilities.               X
TTT                         Industrial Surface Coating:                     X
                             Surface Coating of Plastic Parts
                             for Business Machines.
UUU                         Calciners and Dryers in Mineral                 X
                             Industries.
VVV                         Polymeric Coating of Supporting                 X
                             Substrates Facilities.
WWW                         Municipal Solid Waste Landfills..               X                X
AAAA                        Small Municipal Waste Combustion                X
                             Units for Which Construction is
                             Commenced After August 30, 1999
                             or for Which Modification or
                             Reconstruction is Commenced
                             After June 6, 2001.
CCCC                        Commercial and Industrial Solid                 X
                             Waste Incineration Units for
                             Which Construction Is Commenced
                             After November 30, 1999 or for
                             Which Modification or
                             Reconstruction Is Commenced on
                             or After June 1, 2001.
EEEE                        Other Solid Waste Incineration
                             Units for Which Construction is
                             Commenced After December 9,
                             2004, or for Which Modification
                             or Reconstruction is Commenced
                             on or After June 16, 2006.
GGGG                        (Reserved).......................
IIII                        Stationary Compression Ignition
                             Internal Combustion Engines.
JJJJ                        Stationary Spark Ignition
                             Internal Combustion Engines.
KKKK                        Stationary Combustion Turbines...
----------------------------------------------------------------------------------------------------------------

    (3) Hawaii. The following table identifies delegations for Hawaii:
    Delegation Status for New Source Performance Standards for Hawaii:

    Delegation Status for New Source Performance Standards for Hawaii
------------------------------------------------------------------------
                                    Subpart                   Hawaii
------------------------------------------------------------------------
A                      General Provisions..............               X
D                      Fossil-Fuel Fired Steam                        X
                        Generators Constructed After
                        August 17, 1971.
Da                     Electric Utility Steam                         X
                        Generating Units Constructed
                        After September 18, 1978.
Db                     Industrial-Commercial-                         X
                        Institutional Steam Generating
                        Units.
Dc                     Small Industrial Steam                         X
                        Generating Units.
E                      Incinerators....................               X
Ea                     Municipal Waste Combustors                     X
                        Constructed After December 20,
                        1989 and On or Before September
                        20, 1994.
Eb                     Municipal Waste Combustors                     X
                        Constructed After September 20,
                        1994.
Ec                     Hospital/Medical/Infectious                    X
                        Waste Incinerators for Which
                        Construction is Commenced After
                        June 20, 1996.
F                      Portland Cement Plants..........               X
G                      Nitric Acid Plants..............
H                      Sulfuric Acid Plants............
I                      Hot Mix Asphalt Facilities......               X
J                      Petroleum Refineries............               X
Ja                     Petroleum Refineries for Which
                        Construction, Reconstruction,
                        or Modification Commenced After
                        May 14, 2007.
K                      Storage Vessels for Petroleum                  X
                        Liquids for Which Construction,
                        Reconstruction, or Modification
                        Commenced After June 11, 1973,
                        and Prior to May 19, 1978.
Ka                     Storage Vessels for Petroleum                  X
                        Liquids for Which Construction,
                        Reconstruction, or Modification
                        Commenced After May 18, 1978,
                        and Prior to July 23, 1984.
Kb                     Volatile Organic Liquid Storage                X
                        Vessels (Including Petroleum
                        Liquid Storage Vessels) for
                        Which Construction,
                        Reconstruction, or Modification
                        Commenced After July 23, 1984.

[[Page 48]]

 
L                      Secondary Lead Smelters.........
M                      Secondary Brass and Bronze
                        Production Plants.
N                      Primary Emissions from Basic
                        Oxygen Process Furnaces for
                        Which Construction is Commenced
                        After June 11, 1973.
Na                     Secondary Emissions from Basic
                        Oxygen Process Steelmaking
                        Facilities for Which
                        Construction is Commenced After
                        January 20, 1983.
O                      Sewage Treatment Plants.........               X
P                      Primary Copper Smelters.........
Q                      Primary Zinc Smelters...........
R                      Primary Lead Smelters...........
S                      Primary Aluminum Reduction
                        Plants.
T                      Phosphate Fertilizer Industry:
                        Wet Process Phosphoric Acid
                        Plants.
U                      Phosphate Fertilizer Industry:
                        Superphosphoric Acid Plants.
V                      Phosphate Fertilizer Industry:
                        Diammonium Phosphate Plants.
W                      Phosphate Fertilizer Industry:
                        Triple Superphosphate Plants.
X                      Phosphate Fertilizer Industry:
                        Granular Triple Superphosphate
                        Storage Facilities.
Y                      Coal Preparation Plants.........               X
Z                      Ferroalloy Production Facilities
AA                     Steel Plants: Electric Arc                     X
                        Furnaces Constructed After
                        October 21, 1974 and On or
                        Before August 17, 1983.
AAa                    Steel Plants: Electric Arc                     X
                        Furnaces and Argon-Oxygen
                        Decarburization Vessels
                        Constructed After August 7,
                        1983.
BB                     Kraft pulp Mills................
CC                     Glass Manufacturing Plants......
DD                     Grain Elevators.................
EE                     Surface Coating of Metal
                        Furniture.
FF                     (Reserved)......................
GG                     Stationary Gas Turbines.........               X
HH                     Lime Manufacturing Plants.......
KK                     Lead-Acid Battery Manufacturing
                        Plants.
LL                     Metallic Mineral Processing
                        Plants.
MM                     Automobile and Light Duty Trucks
                        Surface Coating Operations.
NN                     Phosphate Rock Plants...........
PP                     Ammonium Sulfate Manufacture....
QQ                     Graphic Arts Industry:
                        Publication Rotogravure
                        Printing.
RR                     Pressure Sensitive Tape and
                        Label Surface Coating
                        Operations.
SS                     Industrial Surface Coating:
                        Large Appliances.
TT                     Metal Coil Surface Coating......
UU                     Asphalt Processing and Asphalt
                        Roofing Manufacture.
VV                     Equipment Leaks of VOC in the                  X
                        Synthetic Organic Chemicals
                        Manufacturing Industry.
VVa                    Equipment Leaks of VOC in the
                        Synthetic Organic Chemicals
                        Manufacturing Industry for
                        Which Construction,
                        Reconstruction, or Modification
                        Commenced After November 7,
                        2006.
WW                     Beverage Can Surface Coating                   X
                        Industry.
XX                     Bulk Gasoline Terminals.........               X
AAA                    New Residential Wool Heaters....
BBB                    Rubber Tire Manufacturing
                        Industry.
CCC                    (Reserved)......................
DDD                    Volatile Organic Compounds (VOC)
                        Emissions from the Polymer
                        Manufacturing Industry.
EEE                    (Reserved)......................
FFF                    Flexible Vinyl and Urethane
                        Coating and Printing.
GGG                    Equipment Leaks of VOC in                      X
                        Petroleum Refineries.
GGGa                   Equipment Leaks of VOC in
                        Petroleum Refineries for Which
                        Construction, Reconstruction,
                        or Modification Commenced After
                        November 7, 2006.
HHH                    Synthetic Fiber Production
                        Facilities.
III                    Volatile Organic Compound (VOC)
                        Emissions From the Synthetic
                        Organic Chemical Manufacturing
                        Industry (SOCMI) Air Oxidation
                        Unit Processes.
JJJ                    Petroleum Dry Cleaners..........               X
KKK                    Equipment Leaks of VOC From
                        Onshore Natural Gas Processing
                        Plants.
LLL                    Onshore Natural Gas Processing:
                        SO2 Emissions.
MMM                    (Reserved)......................
NNN                    Volatile Organic Compound (VOC)                X
                        Emissions From Synthetic
                        Organic Chemical Manufacturing
                        Industry (SOCMI) Distillation
                        Operations.
OOO                    Nonmetallic Mineral Processing                 X
                        Plants.
PPP                    Wool Fiberglass Insulation
                        Manufacturing Plants.
QQQ                    VOC Emissions From Petroleum                   X
                        Refinery Wastewater.
RRR                    Volatile Organic Compound
                        Emissions from Synthetic
                        Organic Chemical Manufacturing
                        Industry (SOCMI) Reactor
                        Processes.
SSS                    Magnetic Tape Coating Facilities
TTT                    Industrial Surface Coating:
                        Surface Coating of Plastic
                        Parts for Business Machines.
UUU                    Calciners and Dryers in Mineral                X
                        Industries.
VVV                    Polymeric Coating of Supporting                X
                        Substrates Facilities.
WWW                    Municipal Solid Waste Landfills.               X

[[Page 49]]

 
AAAA                   Small Municipal Waste Combustion               X
                        Units for Which Construction is
                        Commenced After August 30, 1999
                        or for Which Modification or
                        Reconstruction is Commenced
                        After June 6, 2001.
CCCC                   Commercial and Industrial Solid                X
                        Waste Incineration Units for
                        Which Construction Is Commenced
                        After November 30, 1999 or for
                        Which Modification or
                        Reconstruction Is Commenced on
                        or After June 1, 2001.
EEEE                   Other Solid Waste Incineration
                        Units for Which Construction is
                        Commenced After December 9,
                        2004, or for Which Modification
                        or Reconstruction is Commenced
                        on or After June 16, 2006.
GGGG                   (Reserved)......................
IIII                   Stationary Compression Ignition
                        Internal Combustion Engines.
JJJJ                   Stationary Spark Ignition
                        Internal Combustion Engines.
KKKK                   Stationary Combustion Turbines..
------------------------------------------------------------------------

    (4) Nevada. The following table identifies delegations for Nevada:

     Table 12 to Paragraph (d)(4)--Delegation Status for New Source
                    Performance Standards for Nevada
------------------------------------------------------------------------
                                         Air pollution control agency
                                     -----------------------------------
                     Subpart                         Clark      Washoe
                                      Nevada DEP    County      County
------------------------------------------------------------------------
A            General Provisions.....          X           X           X
Cf           Emission Guidelines and          X
              Compliance Times for
              Municipal Solid Waste
              Landfills.
D            Fossil-Fuel Fired Steam          X           X           X
              Generators Constructed
              After August 17, 1971.
Da           Electric Utility Steam           X           X
              Generating Units
              Constructed After
              September 18, 1978.
Db           Industrial-Commercial-           X           X
              Institutional Steam
              Generating Units.
Dc           Small Industrial-                X           X
              Commercial-
              Institutional Steam
              Generating Units.
E            Incinerators...........          X           X           X
Ea           Municipal Waste                  X           X
              Combustors Constructed
              After December 20,
              1989 and On or Before
              September 20, 1994.
Eb           Large Municipal Waste            X           X
              Combustors Constructed
              After September 20,
              1994.
Ec           Hospital/Medical/                X           X
              Infectious Waste
              Incinerators for Which
              Construction is
              Commenced After June
              20, 1996.
F            Portland Cement Plants.          X           X           X
G            Nitric Acid Plants.....          X           X
Ga           Nitric Acid Plants For           X
              Which Construction,
              Reconstruction or
              Modification Commenced
              After October 14, 2011.
H            Sulfuric Acid Plant....          X           X
I            Hot Mix Asphalt                  X           X           X
              Facilities.
J            Petroleum Refineries...          X           X
Ja           Petroleum Refineries             X
              for Which
              Construction,
              Reconstruction, or
              Modification Commenced
              After May 14, 2007.
K            Storage Vessels for              X           X           X
              Petroleum Liquids for
              Which Construction,
              Reconstruction, or
              Modification Commenced
              After June 11, 1973,
              and Prior to May 19,
              1978.
Ka           Storage Vessels for              X           X           X
              Petroleum Liquids for
              Which Construction,
              Reconstruction, or
              Modification Commenced
              After May 18, 1978,
              and Prior to July 23,
              1984.
Kb           Volatile Organic Liquid          X           X
              Storage Vessels
              (Including Petroleum
              Liquid Storage
              Vessels) for Which
              Construction,
              Reconstruction, or
              Modification Commenced
              After July 23, 1984.
L            Secondary Lead Smelters          X           X           X
M            Secondary Brass and              X           X
              Bronze Production
              Plants.
N            Primary Emissions from           X           X
              Basic Oxygen Process
              Furnaces for Which
              Construction is
              Commenced After June
              11, 1973.
Na           Secondary Emissions              X           X
              from Basic Oxygen
              Process Steelmaking
              Facilities for Which
              Construction is
              Commenced After
              January 20, 1983.
O            Sewage Treatment Plants          X           X           X
P            Primary Copper Smelters          X           X           X
Q            Primary Zinc Smelters..          X           X           X
R            Primary Lead Smelters..          X           X           X
S            Primary Aluminum                 X           X
              Reduction Plants.
T            Phosphate Fertilizer     ..........          X
              Industry: Wet Process
              Phosphoric Acid Plants.
U            Phosphate Fertilizer     ..........          X
              Industry:
              Superphosphoric Acid
              Plants.
V            Phosphate Fertilizer     ..........          X
              Industry: Diammonium
              Phosphate Plants.
W            Phosphate Fertilizer     ..........          X
              Industry: Triple
              Superphosphate Plants.
X            Phosphate Fertilizer     ..........          X
              Industry: Granular
              Triple Superphosphate
              Storage Facilities.
Y            Coal Preparation and             X           X           X
              Processing Plants.
Z            Ferroalloy Production            X           X
              Facilities.
AA           Steel Plants: Electric           X           X
              Arc Furnaces
              Constructed After
              October 21, 1974 and
              On or Before August
              17, 1983.

[[Page 50]]

 
AAa          Steel Plants: Electric           X           X
              Arc Furnaces and Argon-
              Oxygen Decarburization
              Vessels Constructed
              After August 7, 1983.
BB           Kraft Pulp Mills.......  ..........          X
CC           Glass Manufacturing              X           X
              Plants.
DD           Grain Elevators........          X           X           X
EE           Surface Coating of               X           X           X
              Metal Furniture.
FF           (Reserved).............
GG           Stationary Gas Turbines          X           X           X
HH           Lime Manufacturing               X           X           X
              Plants.
KK           Lead-Acid Battery                X           X           X
              Manufacturing Plants.
LL           Metallic Mineral                 X           X           X
              Processing Plants.
MM           Automobile and Light             X           X           X
              Duty Trucks Surface
              Coating Operations.
NN           Phosphate Rock Plants..          X           X           X
PP           Ammonium Sulfate                 X           X
              Manufacture.
QQ           Graphic Arts Industry:           X           X           X
              Publication
              Rotogravure Printing.
RR           Pressure Sensitive Tape          X           X
              and Label Surface
              Coating Operations.
SS           Industrial Surface               X           X           X
              Coating: Large
              Appliances.
TT           Metal Coil Surface               X           X           X
              Coating.
UU           Asphalt Processing and           X           X           X
              Asphalt Roofing
              Manufacture.
VV           Equipment Leaks of VOC           X           X           X
              in the Synthetic
              Organic Industry
              Chemicals
              Manufacturing.
VVa          Equipment Leaks of VOC           X           X
              in the Synthetic
              Organic Industry for
              Which Construction,
              Reconstruction, or
              Chemicals
              Manufacturing
              Modification Commenced
              After November 7, 2006.
WW           Beverage Can Surface             X           X
              Coating Industry.
XX           Bulk Gasoline Terminals          X           X
AAA          New Residential Wood     ..........          X
              Heaters.
BBB          Rubber Tire                      X           X
              Manufacturing Industry.
CCC          (Reserved).............
DDD          Volatile Organic                 X           X
              Compounds (VOC)
              Emissions from the
              Polymer Manufacturing
              Industry.
EEE          (Reserved).............
FFF          Flexible Vinyl and               X           X
              Urethane Coating and
              Printing.
GGG          Equipment Leaks of VOC           X           X
              in Petroleum
              Refineries.
GGGa         Equipment Leaks of VOC           X           X
              in Petroleum
              Refineries for Which
              Construction,
              Reconstruction, or
              Modification Commenced
              After November 7, 2006.
HHH          Synthetic Fiber                  X           X
              Production Facilities.
III          Volatile Organic                 X           X
              Compound (VOC)
              Emissions From the
              Synthetic Organic
              Chemical Manufacturing
              Industry (SOCMI) Air
              Oxidation Unit
              Processes.
JJJ          Petroleum Dry Cleaners.          X           X           X
KKK          Equipment Leaks of VOC           X           X
              From Onshore Natural
              Gas Processing Plants.
LLL          Onshore Natural Gas              X           X
              Processing: SO2
              Emissions.
MMM          (Reserved).............
NNN          Volatile Organic                 X           X
              Compound (VOC)
              Emissions From
              Synthetic Organic
              Chemical Manufacturing
              Industry (SOCMI)
              Distillation
              Operations.
OOO          Nonmetallic Mineral              X           X
              Processing Plants.
PPP          Wool Fiberglass                  X           X
              Insulation
              Manufacturing Plants.
QQQ          VOC Emissions From               X           X
              Petroleum Refinery
              Wastewater Systems.
RRR          Volatile Organic                 X           X
              Compound Emissions
              from Synthetic Organic
              Chemical Manufacturing
              Industry (SOCMI)
              Reactor Processes.
SSS          Magnetic Tape Coating            X           X
              Facilities.
TTT          Industrial Surface               X           X           X
              Coating: Surface
              Coating of Plastic
              Parts for Business
              Machines.
UUU          Calciners and Dryers in          X           X           X
              Mineral Industries.
VVV          Polymeric Coating of             X           X           X
              Supporting Substrates
              Facilities.
WWW          Municipal Solid Waste            X           X           X
              Landfills.
XXX          Municipal Solid Waste            X
              Landfills that
              Commenced
              Construction,
              Reconstruction, or
              Modification after
              July 17, 2014.
AAAA         Small Municipal Waste            X           X           X
              Combustion Units for
              Which Construction is
              Commenced After August
              30, 1999 or for Which
              Modification or
              Reconstruction is
              Commended After June
              6, 2001.
CCCC         Commercial and                   X           X           X
              Industrial Solid Waste
              Incineration Units for
              Which Construction Is
              Commenced After
              November 30, 1999 or
              for Which Modification
              or Reconstruction Is
              Commenced on or After
              June 1, 2001.
EEEE         Other Solid Waste                X           X           X
              Incineration Units for
              Which Construction is
              Commenced After
              December 9, 2004, or
              for Which Modification
              or Reconstruction is
              Commenced on or After
              June 16, 2006.
GGGG         (Reserved).............

[[Page 51]]

 
HHHH         (Reserved).............
IIII         Stationary Compression           X           X           X
              Ignition Internal
              Combustion Engines.
JJJJ         Stationary Spark                 X           X           X
              Ignition Internal
              Combustion Engines.
KKKK         Stationary Combustion            X           X           X
              Turbines.
LLLL         New Sewage Sludge        ..........          X
              Incineration Units.
OOOO         Crude Oil and Natural            X
              Gas Production,
              Transmission, and
              Distribution.
------------------------------------------------------------------------

    (5) Guam. The following table identifies delegations as of June 15, 
2001:

     Delegation Status for New Source Performance Standards for Guam
------------------------------------------------------------------------
                            Subpart                       Guam
------------------------------------------------------------------------
A                General Provisions...........  X
D                Fossil-Fuel Fired Steam        X
                  Generators Constructed After
                  August 17, 1971.
Da               Electric Utility Steam
                  Generating Units Constructed
                  After September 18, 1978.
Db               Industrial-Commercial-
                  Institutional Steam
                  Generating Units.
Dc               Small Industrial Steam
                  Generating Units.
E                Incinerators.................
Ea               Municipal Waste Combustors
                  Constructed After December
                  20, 1989 and On or Before
                  September 20, 1994.
Eb               Municipal Waste Combustors
                  Constructed After September
                  20, 1994.
Ec               Hospital/Medical/Infectious
                  Waste Incinerators for Which
                  Construction is Commenced
                  After June 20, 1996.
F                Portland Cement Plants.......  X
G                Nitric Acid Plants...........
H                Sulfuric Acid Plants.........
I                Hot Mix Asphalt Facilities...  X
J                Petroleum Refineries.........  X
K                Storage Vessels for Petroleum  X
                  Liquids for Which
                  Construction,
                  Reconstruction, or
                  Modification Commenced After
                  June 11, 1973, and Prior to
                  May 19, 1978.
------------------------------------------------------------------------

    (e) The following lists the specific part 60 standards that have 
been delegated unchanged to the air pollution control agencies in Region 
6.
    (1) New Mexico. The New Mexico Environment Department has been 
delegated all part 60 standards promulgated by the EPA, except subpart 
AAA--Standards of Performance for New Residential Wood Heaters; and 
subpart QQQQ--Standards of Performance for New Residential Hydronic 
Heaters and Forced-Air Furnaces, as amended in the Federal Register 
through January 15, 2017.
    (2) Louisiana. The Louisiana Department of Environmental Quality has 
been delegated all part 60 standards promulgated by EPA, except subpart 
AAA--Standards of Performance for New Residential Wood Heaters, as 
amended in the Federal Register through July 1, 2013.

       Delegation Status for Part 60 Standards--State of Louisiana
                       [Excluding Indian Country]
------------------------------------------------------------------------
        Subpart              Source category             LDEQ \1\
------------------------------------------------------------------------
A......................  General Provisions....  Yes
Ce.....................  Emission Guidelines     Yes
                          and Compliance Times
                          for Hospital/Medical/
                          Infectious Waste
                          Incinerators.
D......................  Fossil Fueled Steam     Yes
                          Generators (250 MM BTU/hr).
Da.....................  Electric Utility Steam  Yes
                          Generating Units (250 MM BTU/hr).
Db.....................  Industrial-Commercial-  Yes
                          Institutional Steam
                          Generating Units (100
                          to 250 MM BTU/hr).
Dc.....................  Industrial-Commercial-  Yes
                          Institutional Small
                          Steam Generating
                          Units (10 to 100 MM
                          BTU/hr).
E......................  Incinerators (50 tons per day).
Ea.....................  Municipal Waste         Yes
                          Combustors.
Eb.....................  Large Municipal Waste   Yes
                          Combustors.

[[Page 52]]

 
Ec.....................  Hospital/Medical/       Yes
                          Infectious Waste
                          Incinerators.
F......................  Portland Cement Plants  Yes
G......................  Nitric Acid Plants....  Yes
Ga.....................  Nitric Acid Plants      Yes
                          (after October 14,
                          2011).
H......................  Sulfuric Acid Plants..  Yes
I......................  Hot Mix Asphalt         Yes
                          Facilities.
J......................  Petroleum Refineries..  Yes
Ja.....................  Petroleum Refineries    Yes
                          (After May 14, 2007).
K......................  Storage Vessels for     Yes
                          Petroleum Liquids
                          (After 6/11/73 &
                          Before 5/19/78).
Ka.....................  Storage Vessels for     Yes
                          Petroleum Liquids
                          (After 6/11/73 &
                          Before 5/19/78).
Kb.....................  Volatile Organic        Yes
                          Liquid Storage
                          Vessels (Including
                          Petroleum Liquid Stg/
                          Vessels) After 7/23/
                          84.
L......................  Secondary Lead          Yes
                          Smelters Yes.
M......................  Secondary Brass and     Yes
                          Bronze Production
                          Plants.
N......................  Primary Emissions from  Yes
                          Basic Oxygen Process
                          Furnaces
                          (Construction
                          Commenced After June
                          11, 1973).
Na.....................  Secondary Emissions     Yes
                          from Basic Oxygen
                          Process Steelmaking
                          Facilities
                          Construction is
                          Commenced After
                          January 20, 1983.
O......................  Sewage Treatment        Yes
                          Plants.
P......................  Primary Copper          Yes
                          Smelters.
Q......................  Primary Zinc Smelters.  Yes
R......................  Primary Lead Smelters.  Yes
Sec.....................  Primary Aluminum        Yes
                          Reduction Plants.
T......................  Phosphate Fertilizer    Yes
                          Industry: Wet Process
                          Phosphoric Plants.
U......................  Phosphate Fertilizer    Yes
                          Industry:
                          Superphosphoric Acid
                          Plants.
V......................  Phosphate Fertilizer    Yes
                          Industry: Diammonium
                          Phosphate Plants.
W......................  Phosphate Fertilizer    Yes
                          Industry: Triple
                          Superphosphate Plants.
X......................  Phosphate Fertilizer    Yes
                          Industry: Granular
                          Triple Superphosphate
                          Storage Facilities.
Y......................  Coal Preparation        Yes
                          Plants.
Z......................  Ferroalloy Production   Yes
                          Facilities.
AA.....................  Steel Plants: Electric  Yes
                          Arc Furnaces After 10/
                          21/74 & On or Before
                          8/17/83.
AAa....................  Steel Plants: Electric  Yes
                          Arc Furnaces & Argon-
                          Oxygen
                          Decarburization
                          Vessels After 8/07/83.
BB.....................  Kraft Pulp Mills......  Yes
CC.....................  Glass Manufacturing     Yes
                          Plants.
DD.....................  Grain Elevators.......  Yes
EE.....................  Surface Coating of      Yes
                          Metal Furniture.
GG.....................  Stationary Gas          Yes
                          Turbines.
HH.....................  Lime Manufacturing      Yes
                          Plants.
KK.....................  Lead-Acid Battery       Yes
                          Manufacturing Plants.
LL.....................  Metallic Mineral        Yes
                          Processing Plants.
MM.....................  Automobile & Light      Yes
                          Duty Truck Surface
                          Coating Operations.
NN.....................  Phosphate               Yes
                          Manufacturing Plants.
PP.....................  Ammonium Sulfate        Yes
                          Manufacture.
QQ.....................  Graphic Arts Industry:  Yes
                          Publication
                          Rotogravure Printing.
RR.....................  Pressure Sensitive      Yes
                          Tape and Label
                          Surface Coating
                          Operations.
SSec....................  Industrial Surface      Yes
                          Coating: Large
                          Appliances.
TT.....................  Metal Coil Surface      Yes
                          Coating.
UU.....................  Asphalt Processing and  Yes
                          Asphalt Roofing
                          Manufacture.
VV.....................  VOC Equipment Leaks in  Yes
                          the SOCMI Industry.
VVa....................  VOC Equipment Leaks in  Yes
                          the SOCMI Industry
                          (After November 7,
                          2006).
XX.....................  Bulk Gasoline           Yes
                          Terminals.
AAA....................  New Residential Wood    No
                          Heaters.
BBB....................  Rubber Tire             Yes
                          Manufacturing
                          Industry.
DDD....................  Volatile Organic        Yes
                          Compound (VOC)
                          Emissions from the
                          Polymer Manufacturing
                          Industry.
FFF....................  Flexible Vinyl and      Yes
                          Urethane Coating and
                          Printing.
GGG....................  VOC Equipment Leaks in  Yes
                          Petroleum Refineries.
HHH....................  Synthetic Fiber         Yes
                          Production.
III....................  VOC Emissions from the  Yes
                          SOCMI Air Oxidation
                          Unit Processes.
JJJ....................  Petroleum Dry Cleaners  Yes
KKK....................  VOC Equipment Leaks     Yes
                          From Onshore Natural
                          Gas Processing Plants.
LLL....................  Onshore Natural Gas     Yes
                          Processing: SO2
                          Emissions.
NNN....................  VOC Emissions from      Yes
                          SOCMI Distillation
                          Operations.
OOO....................  Nonmetallic Mineral     Yes
                          Processing Plants.
PPP....................  Wool Fiberglass         Yes
                          Insulation
                          Manufacturing Plants.
QQQ....................  VOC Emissions From      Yes
                          Petroleum Refinery
                          Wastewater Systems.
RRR....................  VOC Emissions from      Yes
                          SOCMI Reactor
                          Processes.
SSSec...................  Magnetic Tape Coating   Yes
                          Operations.
TTT....................  Industrial Surface      Yes
                          Coating: Plastic
                          Parts for Business
                          Machines.
UUU....................  Calciners and Dryers    Yes
                          in Mineral Industries.
VVV....................  Polymeric Coating of    Yes
                          Supporting Substrates
                          Facilities.

[[Page 53]]

 
WWW....................  Municipal Solid Waste   Yes
                          Landfills.
AAAA...................  Small Municipal Waste   Yes
                          Combustion Units
                          (Construction is
                          Commenced After 8/30/
                          99 or Modification/
                          Reconstruction is
                          Commenced After 6/06/
                          2001).
CCCC...................  Commercial &            Yes
                          Industrial Solid
                          Waste Incineration
                          Units (Construction
                          is Commenced After 11/
                          30/1999 or
                          Modification/
                          Reconstruction is
                          Commenced on or After
                          6/01/2001).
DDDD...................  Emission Guidelines &   Yes
                          Compliance Times for
                          Commercial &
                          Industrial Solid
                          Waste Incineration
                          Units (Commenced
                          Construction On or
                          Before 11/30/1999).
EEEE...................  Other Solid Waste       Yes
                          Incineration Units
                          (Constructed after 12/
                          09/2004 or
                          Modification/
                          Reconstruction is
                          commenced on or after
                          06/16/2004).
IIII...................  Stationary Compression  Yes
                          Ignition Internal
                          Combustion Engines.
JJJJ...................  Stationary Spark        Yes
                          Ignition Internal
                          Combustion Engines.
KKKK...................  Stationary Combustion   Yes
                          Turbines
                          (Construction
                          Commenced After 02/18/
                          2005).
LLLL...................  New Sewage Sludge       Yes
                          Incineration Units.
MMMM...................  Emission Guidelines     Yes
                          and Compliance Times
                          for Existing Sewage
                          Sludge Incineration
                          Units.
OOOO...................  Crude Oil and Natural   Yes
                          Gas Production,
                          Transmission and
                          Distribution.
------------------------------------------------------------------------
\1\ The Louisiana Department of Environmental Quality (LDEQ) has been
  delegated all Part 60 standards promulgated by EPA, except subpart
  AAA--Standards of Performance for New Residential Wood Heaters--as
  amended in the Federal Register through July 1, 2013.

    (3) Albuquerque-Bernalillo County Air Quality Control Board. The 
Albuquerque-Bernalillo County Air Quality Control Board has been 
delegated all part 60 standards promulgated by the EPA, except subpart 
AAA of this part and subpart QQQQ of this part as amended through 
January 23, 2017.

[40 FR 18169, Apr. 25, 1975]

    Editorial Note: For Federal Register citations affecting Sec.  60.4, 
see the List of CFR Sections Affected, which appears in the Finding Aids 
section of the printed volume and at www.govinfo.gov.



Sec.  60.5  Determination of construction or modification.

    (a) When requested to do so by an owner or operator, the 
Administrator will make a determination of whether action taken or 
intended to be taken by such owner or operator constitutes construction 
(including reconstruction) or modification or the commencement thereof 
within the meaning of this part.
    (b) The Administrator will respond to any request for a 
determination under paragraph (a) of this section within 30 days of 
receipt of such request.

[40 FR 58418, Dec. 16, 1975]



Sec.  60.6  Review of plans.

    (a) When requested to do so by an owner or operator, the 
Administrator will review plans for construction or modification for the 
purpose of providing technical advice to the owner or operator.
    (b)(1) A separate request shall be submitted for each construction 
or modification project.
    (2) Each request shall identify the location of such project, and be 
accompanied by technical information describing the proposed nature, 
size, design, and method of operation of each affected facility involved 
in such project, including information on any equipment to be used for 
measurement or control of emissions.
    (c) Neither a request for plans review nor advice furnished by the 
Administrator in response to such request shall (1) relieve an owner or 
operator of legal responsibility for compliance with any provision of 
this part or of any applicable State or local requirement, or (2) 
prevent the Administrator from implementing or enforcing any provision 
of this part or taking any other action authorized by the Act.

[36 FR 24877, Dec. 23, 1971, as amended at 39 FR 9314, Mar. 8, 1974]



Sec.  60.7  Notification and record keeping.

    (a) Any owner or operator subject to the provisions of this part 
shall furnish the Administrator written notification or, if acceptable 
to both the Administrator and the owner or operator of a source, 
electronic notification, as follows:

[[Page 54]]

    (1) A notification of the date construction (or reconstruction as 
defined under Sec.  60.15) of an affected facility is commenced 
postmarked no later than 30 days after such date. This requirement shall 
not apply in the case of mass-produced facilities which are purchased in 
completed form.
    (2) [Reserved]
    (3) A notification of the actual date of initial startup of an 
affected facility postmarked within 15 days after such date.
    (4) A notification of any physical or operational change to an 
existing facility which may increase the emission rate of any air 
pollutant to which a standard applies, unless that change is 
specifically exempted under an applicable subpart or in Sec.  60.14(e). 
This notice shall be postmarked 60 days or as soon as practicable before 
the change is commenced and shall include information describing the 
precise nature of the change, present and proposed emission control 
systems, productive capacity of the facility before and after the 
change, and the expected completion date of the change. The 
Administrator may request additional relevant information subsequent to 
this notice.
    (5) A notification of the date upon which demonstration of the 
continuous monitoring system performance commences in accordance with 
Sec.  60.13(c). Notification shall be postmarked not less than 30 days 
prior to such date.
    (6) A notification of the anticipated date for conducting the 
opacity observations required by Sec.  60.11(e)(1) of this part. The 
notification shall also include, if appropriate, a request for the 
Administrator to provide a visible emissions reader during a performance 
test. The notification shall be postmarked not less than 30 days prior 
to such date.
    (7) A notification that continuous opacity monitoring system data 
results will be used to determine compliance with the applicable opacity 
standard during a performance test required by Sec.  60.8 in lieu of 
Method 9 observation data as allowed by Sec.  60.11(e)(5) of this part. 
This notification shall be postmarked not less than 30 days prior to the 
date of the performance test.
    (b) Any owner or operator subject to the provisions of this part 
shall maintain records of the occurrence and duration of any startup, 
shutdown, or malfunction in the operation of an affected facility; any 
malfunction of the air pollution control equipment; or any periods 
during which a continuous monitoring system or monitoring device is 
inoperative.
    (c) Each owner or operator required to install a continuous 
monitoring device shall submit excess emissions and monitoring systems 
performance report (excess emissions are defined in applicable subparts) 
and-or summary report form (see paragraph (d) of this section) to the 
Administrator semiannually, except when: more frequent reporting is 
specifically required by an applicable subpart; or the Administrator, on 
a case-by-case basis, determines that more frequent reporting is 
necessary to accurately assess the compliance status of the source. All 
reports shall be postmarked by the 30th day following the end of each 
six-month period. Written reports of excess emissions shall include the 
following information:
    (1) The magnitude of excess emissions computed in accordance with 
Sec.  60.13(h), any conversion factor(s) used, and the date and time of 
commencement and completion of each time period of excess emissions. The 
process operating time during the reporting period.
    (2) Specific identification of each period of excess emissions that 
occurs during startups, shutdowns, and malfunctions of the affected 
facility. The nature and cause of any malfunction (if known), the 
corrective action taken or preventative measures adopted.
    (3) The date and time identifying each period during which the 
continuous monitoring system was inoperative except for zero and span 
checks and the nature of the system repairs or adjustments.
    (4) When no excess emissions have occurred or the continuous 
monitoring system(s) have not been inoperative, repaired, or adjusted, 
such information shall be stated in the report.
    (d) The summary report form shall contain the information and be in 
the format shown in figure 1 unless otherwise specified by the 
Administrator.

[[Page 55]]

One summary report form shall be submitted for each pollutant monitored 
at each affected facility.
    (1) If the total duration of excess emissions for the reporting 
period is less than 1 percent of the total operating time for the 
reporting period and CMS downtime for the reporting period is less than 
5 percent of the total operating time for the reporting period, only the 
summary report form shall be submitted and the excess emission report 
described in Sec.  60.7(c) need not be submitted unless requested by the 
Administrator.
    (2) If the total duration of excess emissions for the reporting 
period is 1 percent or greater of the total operating time for the 
reporting period or the total CMS downtime for the reporting period is 5 
percent or greater of the total operating time for the reporting period, 
the summary report form and the excess emission report described in 
Sec.  60.7(c) shall both be submitted.

   Figure 1--Summary Report--Gaseous and Opacity Excess Emission and 
                      Monitoring System Performance

Pollutant (Circle One--SO2/NOX/TRS/H2S/
CO/Opacity)
Reporting period dates: From __________ to __________
Company:
Emission Limitation_____________________________________________________
Address:
Monitor Manufacturer and Model No.______________________________________
Date of Latest CMS Certification or Audit_______________________________
Process Unit(s) Description:
Total source operating time in reporting period \1\_____________________

------------------------------------------------------------------------
                                            CMS performance
  Emission data summary \1\                   summary \1\
------------------------------------------------------------------------
1. Duration of excess          ........  1. CMS downtime in
 emissions in reporting                   reporting period due
 period due to:                           to:
  a. Startup/shutdown........  ........   a. Monitor equipment
                                          malfunctions.
  b. Control equipment         ........   b. Non-Monitor
   problems.                              equipment
                                          malfunctions.
  c. Process problems........  ........   c. Quality assurance
                                          calibration.
  d. Other known causes......  ........   d. Other known
                                          causes.
  e. Unknown causes..........  ........   e. Unknown causes...
2. Total duration of excess    ........  2. Total CMS Downtime
 emission.
3. Total duration of excess       % \2\  3. [Total CMS             % \2\
 emissions x (100) [Total                 Downtime] x (100)
 source operating time].                  [Total source
                                          operating time].
------------------------------------------------------------------------
\1\ For opacity, record all times in minutes. For gases, record all
  times in hours.
\2\ For the reporting period: If the total duration of excess emissions
  is 1 percent or greater of the total operating time or the total CMS
  downtime is 5 percent or greater of the total operating time, both the
  summary report form and the excess emission report described in Sec.
  60.7(c) shall be submitted.

    On a separate page, describe any changes since last quarter in CMS, 
process or controls. I certify that the information contained in this 
report is true, accurate, and complete.

________________________________________________________________________
Name

________________________________________________________________________
Signature

________________________________________________________________________
Title

________________________________________________________________________
Date

    (e)(1) Notwithstanding the frequency of reporting requirements 
specified in paragraph (c) of this section, an owner or operator who is 
required by an applicable subpart to submit excess emissions and 
monitoring systems performance reports (and summary reports) on a 
quarterly (or more frequent) basis may reduce the frequency of reporting 
for that standard to semiannual if the following conditions are met:
    (i) For 1 full year (e.g., 4 quarterly or 12 monthly reporting 
periods) the affected facility's excess emissions and monitoring systems 
reports submitted to comply with a standard under this part continually 
demonstrate that the facility is in compliance with the applicable 
standard;
    (ii) The owner or operator continues to comply with all 
recordkeeping and monitoring requirements specified in this subpart and 
the applicable standard; and
    (iii) The Administrator does not object to a reduced frequency of 
reporting for the affected facility, as provided in paragraph (e)(2) of 
this section.
    (2) The frequency of reporting of excess emissions and monitoring 
systems performance (and summary) reports may be reduced only after the 
owner or operator notifies the Administrator in writing of his or her 
intention to make

[[Page 56]]

such a change and the Administrator does not object to the intended 
change. In deciding whether to approve a reduced frequency of reporting, 
the Administrator may review information concerning the source's entire 
previous performance history during the required recordkeeping period 
prior to the intended change, including performance test results, 
monitoring data, and evaluations of an owner or operator's conformance 
with operation and maintenance requirements. Such information may be 
used by the Administrator to make a judgment about the source's 
potential for noncompliance in the future. If the Administrator 
disapproves the owner or operator's request to reduce the frequency of 
reporting, the Administrator will notify the owner or operator in 
writing within 45 days after receiving notice of the owner or operator's 
intention. The notification from the Administrator to the owner or 
operator will specify the grounds on which the disapproval is based. In 
the absence of a notice of disapproval within 45 days, approval is 
automatically granted.
    (3) As soon as monitoring data indicate that the affected facility 
is not in compliance with any emission limitation or operating parameter 
specified in the applicable standard, the frequency of reporting shall 
revert to the frequency specified in the applicable standard, and the 
owner or operator shall submit an excess emissions and monitoring 
systems performance report (and summary report, if required) at the next 
appropriate reporting period following the noncomplying event. After 
demonstrating compliance with the applicable standard for another full 
year, the owner or operator may again request approval from the 
Administrator to reduce the frequency of reporting for that standard as 
provided for in paragraphs (e)(1) and (e)(2) of this section.
    (f) Any owner or operator subject to the provisions of this part 
shall maintain a file of all measurements, including continuous 
monitoring system, monitoring device, and performance testing 
measurements; all continuous monitoring system performance evaluations; 
all continuous monitoring system or monitoring device calibration 
checks; adjustments and maintenance performed on these systems or 
devices; and all other information required by this part recorded in a 
permanent form suitable for inspection. The file shall be retained for 
at least two years following the date of such measurements, maintenance, 
reports, and records, except as follows:
    (1) This paragraph applies to owners or operators required to 
install a continuous emissions monitoring system (CEMS) where the CEMS 
installed is automated, and where the calculated data averages do not 
exclude periods of CEMS breakdown or malfunction. An automated CEMS 
records and reduces the measured data to the form of the pollutant 
emission standard through the use of a computerized data acquisition 
system. In lieu of maintaining a file of all CEMS subhourly measurements 
as required under paragraph (f) of this section, the owner or operator 
shall retain the most recent consecutive three averaging periods of 
subhourly measurements and a file that contains a hard copy of the data 
acquisition system algorithm used to reduce the measured data into the 
reportable form of the standard.
    (2) This paragraph applies to owners or operators required to 
install a CEMS where the measured data is manually reduced to obtain the 
reportable form of the standard, and where the calculated data averages 
do not exclude periods of CEMS breakdown or malfunction. In lieu of 
maintaining a file of all CEMS subhourly measurements as required under 
paragraph (f) of this section, the owner or operator shall retain all 
subhourly measurements for the most recent reporting period. The 
subhourly measurements shall be retained for 120 days from the date of 
the most recent summary or excess emission report submitted to the 
Administrator.
    (3) The Administrator or delegated authority, upon notification to 
the source, may require the owner or operator to maintain all 
measurements as required by paragraph (f) of this section, if the 
Administrator or the delegated authority determines these records are 
required to more accurately assess the compliance status of the affected 
source.

[[Page 57]]

    (g) If notification substantially similar to that in paragraph (a) 
of this section is required by any other State or local agency, sending 
the Administrator a copy of that notification will satisfy the 
requirements of paragraph (a) of this section.
    (h) Individual subparts of this part may include specific provisions 
which clarify or make inapplicable the provisions set forth in this 
section.

[36 FR 24877, Dec. 28, 1971, as amended at 40 FR 46254, Oct. 6, 1975; 40 
FR 58418, Dec. 16, 1975; 45 FR 5617, Jan. 23, 1980; 48 FR 48335, Oct. 
18, 1983; 50 FR 53113, Dec. 27, 1985; 52 FR 9781, Mar. 26, 1987; 55 FR 
51382, Dec. 13, 1990; 59 FR 12428, Mar. 16, 1994; 59 FR 47265, Sep. 15, 
1994; 64 FR 7463, Feb. 12, 1999]



Sec.  60.8  Performance tests.

    (a) Except as specified in paragraphs (a)(1),(a)(2), (a)(3), and 
(a)(4) of this section, within 60 days after achieving the maximum 
production rate at which the affected facility will be operated, but not 
later than 180 days after initial startup of such facility, or at such 
other times specified by this part, and at such other times as may be 
required by the Administrator under section 114 of the Act, the owner or 
operator of such facility shall conduct performance test(s) and furnish 
the Administrator a written report of the results of such performance 
test(s).
    (1) If a force majeure is about to occur, occurs, or has occurred 
for which the affected owner or operator intends to assert a claim of 
force majeure, the owner or operator shall notify the Administrator, in 
writing as soon as practicable following the date the owner or operator 
first knew, or through due diligence should have known that the event 
may cause or caused a delay in testing beyond the regulatory deadline, 
but the notification must occur before the performance test deadline 
unless the initial force majeure or a subsequent force majeure event 
delays the notice, and in such cases, the notification shall occur as 
soon as practicable.
    (2) The owner or operator shall provide to the Administrator a 
written description of the force majeure event and a rationale for 
attributing the delay in testing beyond the regulatory deadline to the 
force majeure; describe the measures taken or to be taken to minimize 
the delay; and identify a date by which the owner or operator proposes 
to conduct the performance test. The performance test shall be conducted 
as soon as practicable after the force majeure occurs.
    (3) The decision as to whether or not to grant an extension to the 
performance test deadline is solely within the discretion of the 
Administrator. The Administrator will notify the owner or operator in 
writing of approval or disapproval of the request for an extension as 
soon as practicable.
    (4) Until an extension of the performance test deadline has been 
approved by the Administrator under paragraphs (a)(1), (2), and (3) of 
this section, the owner or operator of the affected facility remains 
strictly subject to the requirements of this part.
    (b) Performance tests shall be conducted and data reduced in 
accordance with the test methods and procedures contained in each 
applicable subpart unless the Administrator (1) specifies or approves, 
in specific cases, the use of a reference method with minor changes in 
methodology, (2) approves the use of an equivalent method, (3) approves 
the use of an alternative method the results of which he has determined 
to be adequate for indicating whether a specific source is in 
compliance, (4) waives the requirement for performance tests because the 
owner or operator of a source has demonstrated by other means to the 
Administrator's satisfaction that the affected facility is in compliance 
with the standard, or (5) approves shorter sampling times and smaller 
sample volumes when necessitated by process variables or other factors. 
Nothing in this paragraph shall be construed to abrogate the 
Administrator's authority to require testing under section 114 of the 
Act.
    (c) Performance tests shall be conducted under such conditions as 
the Administrator shall specify to the plant operator based on 
representative performance of the affected facility. The owner or 
operator shall make available to the Administrator such records as may 
be necessary to determine the conditions of the performance tests. 
Operations during periods of startup, shutdown, and malfunction

[[Page 58]]

shall not constitute representative conditions for the purpose of a 
performance test nor shall emissions in excess of the level of the 
applicable emission limit during periods of startup, shutdown, and 
malfunction be considered a violation of the applicable emission limit 
unless otherwise specified in the applicable standard.
    (d) The owner or operator of an affected facility shall provide the 
Administrator at least 30 days prior notice of any performance test, 
except as specified under other subparts, to afford the Administrator 
the opportunity to have an observer present. If after 30 days notice for 
an initially scheduled performance test, there is a delay (due to 
operational problems, etc.) in conducting the scheduled performance 
test, the owner or operator of an affected facility shall notify the 
Administrator (or delegated State or local agency) as soon as possible 
of any delay in the original test date, either by providing at least 7 
days prior notice of the rescheduled date of the performance test, or by 
arranging a rescheduled date with the Administrator (or delegated State 
or local agency) by mutual agreement.
    (e) The owner or operator of an affected facility shall provide, or 
cause to be provided, performance testing facilities as follows:
    (1) Sampling ports adequate for test methods applicable to such 
facility. This includes (i) constructing the air pollution control 
system such that volumetric flow rates and pollutant emission rates can 
be accurately determined by applicable test methods and procedures and 
(ii) providing a stack or duct free of cyclonic flow during performance 
tests, as demonstrated by applicable test methods and procedures.
    (2) Safe sampling platform(s).
    (3) Safe access to sampling platform(s).
    (4) Utilities for sampling and testing equipment.
    (f) Unless otherwise specified in the applicable subpart, each 
performance test shall consist of three separate runs using the 
applicable test method.
    (1) Each run shall be conducted for the time and under the 
conditions specified in the applicable standard. For the purpose of 
determining compliance with an applicable standard, the arithmetic means 
of results of the three runs shall apply. In the event that a sample is 
accidentally lost or conditions occur in which one of the three runs 
must be discontinued because of forced shutdown, failure of an 
irreplaceable portion of the sample train, extreme meteorological 
conditions, or other circumstances, beyond the owner or operator's 
control, compliance may, upon the Administrator's approval, be 
determined using the arithmetic mean of the results of the two other 
runs.
    (2) Contents of report (electronic or paper submitted copy). Unless 
otherwise specified in a relevant standard or test method, or as 
otherwise approved by the Administrator in writing, the report for a 
performance test shall include the elements identified in paragraphs 
(f)(2)(i) through (vi) of this section.
    (i) General identification information for the facility including a 
mailing address, the physical address, the owner or operator or 
responsible official (where applicable) and his/her email address, and 
the appropriate Federal Registry System (FRS) number for the facility.
    (ii) Purpose of the test including the applicable regulation(s) 
requiring the test, the pollutant(s) and other parameters being 
measured, the applicable emission standard and any process parameter 
component, and a brief process description.
    (iii) Description of the emission unit tested including fuel burned, 
control devices, and vent characteristics; the appropriate source 
classification code (SCC); the permitted maximum process rate (where 
applicable); and the sampling location.
    (iv) Description of sampling and analysis procedures used and any 
modifications to standard procedures, quality assurance procedures and 
results, record of process operating conditions that demonstrate the 
applicable test conditions are met, and values for any operating 
parameters for which limits were being set during the test.
    (v) Where a test method requires you record or report, the following 
shall be included: Record of preparation of standards, record of 
calibrations, raw data sheets for field sampling, raw data

[[Page 59]]

sheets for field and laboratory analyses, chain-of-custody 
documentation, and example calculations for reported results.
    (vi) Identification of the company conducting the performance test 
including the primary office address, telephone number, and the contact 
for this test program including his/her email address.
    (g) The performance testing shall include a test method performance 
audit (PA) during the performance test. The PAs consist of blind audit 
samples supplied by an accredited audit sample provider and analyzed 
during the performance test in order to provide a measure of test data 
bias. Gaseous audit samples are designed to audit the performance of the 
sampling system as well as the analytical system and must be collected 
by the sampling system during the compliance test just as the compliance 
samples are collected. If a liquid or solid audit sample is designed to 
audit the sampling system, it must also be collected by the sampling 
system during the compliance test. If multiple sampling systems or 
sampling trains are used during the compliance test for any of the test 
methods, the tester is only required to use one of the sampling systems 
per method to collect the audit sample. The audit sample must be 
analyzed by the same analyst using the same analytical reagents and 
analytical system and at the same time as the compliance samples. 
Retests are required when there is a failure to produce acceptable 
results for an audit sample. However, if the audit results do not affect 
the compliance or noncompliance status of the affected facility, the 
compliance authority may waive the reanalysis requirement, further 
audits, or retests and accept the results of the compliance test. 
Acceptance of the test results shall constitute a waiver of the 
reanalysis requirement, further audits, or retests. The compliance 
authority may also use the audit sample failure and the compliance test 
results as evidence to determine the compliance or noncompliance status 
of the affected facility. A blind audit sample is a sample whose value 
is known only to the sample provider and is not revealed to the tested 
facility until after they report the measured value of the audit sample. 
For pollutants that exist in the gas phase at ambient temperature, the 
audit sample shall consist of an appropriate concentration of the 
pollutant in air or nitrogen that can be introduced into the sampling 
system of the test method at or near the same entry point as a sample 
from the emission source. If no gas phase audit samples are available, 
an acceptable alternative is a sample of the pollutant in the same 
matrix that would be produced when the sample is recovered from the 
sampling system as required by the test method. For samples that exist 
only in a liquid or solid form at ambient temperature, the audit sample 
shall consist of an appropriate concentration of the pollutant in the 
same matrix that would be produced when the sample is recovered from the 
sampling system as required by the test method. An accredited audit 
sample provider (AASP) is an organization that has been accredited to 
prepare audit samples by an independent, third party accrediting body.
    (1) The source owner, operator, or representative of the tested 
facility shall obtain an audit sample, if commercially available, from 
an AASP for each test method used for regulatory compliance purposes. No 
audit samples are required for the following test methods: Methods 3A 
and 3C of appendix A-3 of part 60, Methods 6C, 7E, 9, and 10 of appendix 
A-4 of part 60, Methods 18 and 19 of appendix A-6 of part 60, Methods 
20, 22, and 25A of appendix A-7 of part 60, Methods 30A and 30B of 
appendix A-8 of part 60, and Methods 303, 318, 320, and 321 of appendix 
A of part 63 of this chapter. If multiple sources at a single facility 
are tested during a compliance test event, only one audit sample is 
required for each method used during a compliance test. The compliance 
authority responsible for the compliance test may waive the requirement 
to include an audit sample if they believe that an audit sample is not 
necessary. ``Commercially available'' means that two or more independent 
AASPs have blind audit samples available for purchase. If the source 
owner, operator, or representative cannot find an audit sample for a 
specific method, the owner, operator, or representative

[[Page 60]]

shall consult the EPA Web site at the following URL, www.epa.gov/ttn/
emc, to confirm whether there is a source that can supply an audit 
sample for that method. If the EPA Web site does not list an available 
audit sample at least 60 days prior to the beginning of the compliance 
test, the source owner, operator, or representative shall not be 
required to include an audit sample as part of the quality assurance 
program for the compliance test. When ordering an audit sample, the 
source owner, operator, or representative shall give the sample provider 
an estimate for the concentration of each pollutant that is emitted by 
the source or the estimated concentration of each pollutant based on the 
permitted level and the name, address, and phone number of the 
compliance authority. The source owner, operator, or representative 
shall report the results for the audit sample along with a summary of 
the emission test results for the audited pollutant to the compliance 
authority and shall report the results of the audit sample to the AASP. 
The source owner, operator, or representative shall make both reports at 
the same time and in the same manner or shall report to the compliance 
authority first and then report to the AASP. If the method being audited 
is a method that allows the samples to be analyzed in the field and the 
tester plans to analyze the samples in the field, the tester may analyze 
the audit samples prior to collecting the emission samples provided a 
representative of the compliance authority is present at the testing 
site. The tester may request and the compliance authority may grant a 
waiver to the requirement that a representative of the compliance 
authority must be present at the testing site during the field analysis 
of an audit sample. The source owner, operator, or representative may 
report the results of the audit sample to the compliance authority and 
report the results of the audit sample to the AASP prior to collecting 
any emission samples. The test protocol and final test report shall 
document whether an audit sample was ordered and utilized and the pass/
fail results as applicable.
    (2) An AASP shall have and shall prepare, analyze, and report the 
true value of audit samples in accordance with a written technical 
criteria document that describes how audit samples will be prepared and 
distributed in a manner that will ensure the integrity of the audit 
sample program. An acceptable technical criteria document shall contain 
standard operating procedures for all of the following operations:
    (i) Preparing the sample;
    (ii) Confirming the true concentration of the sample;
    (iii) Defining the acceptance limits for the results from a well 
qualified tester. This procedure must use well established statistical 
methods to analyze historical results from well qualified testers. The 
acceptance limits shall be set so that there is 95 percent confidence 
that 90 percent of well qualified labs will produce future results that 
are within the acceptance limit range.
    (iv) Providing the opportunity for the compliance authority to 
comment on the selected concentration level for an audit sample;
    (v) Distributing the sample to the user in a manner that guarantees 
that the true value of the sample is unknown to the user;
    (vi) Recording the measured concentration reported by the user and 
determining if the measured value is within acceptable limits;
    (vii) The AASP shall report the results from each audit sample in a 
timely manner to the compliance authority and then to the source owner, 
operator, or representative. The AASP shall make both reports at the 
same time and in the same manner or shall report to the compliance 
authority first and then report to the source owner, operator, or 
representative. The results shall include the name of the facility 
tested, the date on which the compliance test was conducted, the name of 
the company performing the sample collection, the name of the company 
that analyzed the compliance samples including the audit sample, the 
measured result for the audit sample, and whether the testing company 
passed or failed the audit. The AASP shall report the true value of the 
audit sample to the compliance authority. The AASP may report the true 
value to the source owner, operator, or representative if the AASP's 
operating plan ensures

[[Page 61]]

that no laboratory will receive the same audit sample twice.
    (viii) Evaluating the acceptance limits of samples at least once 
every two years to determine in cooperation with the voluntary consensus 
standard body if they should be changed;
    (ix) Maintaining a database, accessible to the compliance 
authorities, of results from the audit that shall include the name of 
the facility tested, the date on which the compliance test was 
conducted, the name of the company performing the sample collection, the 
name of the company that analyzed the compliance samples including the 
audit sample, the measured result for the audit sample, the true value 
of the audit sample, the acceptance range for the measured value, and 
whether the testing company passed or failed the audit.
    (3) The accrediting body shall have a written technical criteria 
document that describes how it will ensure that the AASP is operating in 
accordance with the AASP technical criteria document that describes how 
audit samples are to be prepared and distributed. This document shall 
contain standard operating procedures for all of the following 
operations:
    (i) Checking audit samples to confirm their true value as reported 
by the AASP;
    (ii) Performing technical systems audits of the AASP's facilities 
and operating procedures at least once every two years;
    (iii) Providing standards for use by the voluntary consensus 
standard body to approve the accrediting body that will accredit the 
audit sample providers.
    (4) The technical criteria documents for the accredited sample 
providers and the accrediting body shall be developed through a public 
process guided by a voluntary consensus standards body (VCSB). The VCSB 
shall operate in accordance with the procedures and requirements in the 
Office of Management and Budget Circular A-119. A copy of Circular A-119 
is available upon request by writing the Office of Information and 
Regulatory Affairs, Office of Management and Budget, 725 17th Street, 
NW., Washington, DC 20503, by calling (202) 395-6880 or downloading 
online at http://standards.gov/standards __gov/a119.cfm. The VCSB shall 
approve all accrediting bodies. The Administrator will review all 
technical criteria documents. If the technical criteria documents do not 
meet the minimum technical requirements in paragraphs (g)(2) through 
(4)of this section, the technical criteria documents are not acceptable 
and the proposed audit sample program is not capable of producing audit 
samples of sufficient quality to be used in a compliance test. All 
acceptable technical criteria documents shall be posted on the EPA Web 
site at the following URL, http://www.epa.gov/ttn /emc.
    (h) Unless otherwise specified in the applicable subpart, each test 
location must be verified to be free of cyclonic flow and evaluated for 
the existence of emission gas stratification and the required number of 
sampling traverse points. If other procedures are not specified in the 
applicable subpart to the regulations, use the appropriate procedures in 
Method 1 to check for cyclonic flow and Method 7E to evaluate emission 
gas stratification and selection of sampling points.
    (i) Whenever the use of multiple calibration gases is required by a 
test method, performance specification, or quality assurance procedure 
in a part 60 standard or appendix, Method 205 of 40 CFR part 51, 
appendix M of this chapter, ``Verification of Gas Dilution Systems for 
Field Instrument Calibrations,'' may be used.

[36 FR 24877, Dec. 23, 1971, as amended at 39 FR 9314, Mar. 8, 1974; 42 
FR 57126, Nov. 1, 1977; 44 FR 33612, June 11, 1979; 54 FR 6662, Feb. 14, 
1989; 54 FR 21344, May 17, 1989; 64 FR 7463, Feb. 12, 1999; 72 FR 27442, 
May 16, 2007; 75 FR 55646, Sept. 13, 2010; 79 FR 11241, Feb. 27, 2014; 
81 FR 59809, Aug. 30, 2016]



Sec.  60.9  Availability of information.

    The availability to the public of information provided to, or 
otherwise obtained by, the Administrator under this part shall be 
governed by part 2 of this chapter. (Information submitted voluntarily 
to the Administrator for the purposes of Sec. Sec.  60.5 and 60.6 is 
governed by Sec. Sec.  2.201 through 2.213 of this chapter and not by 
Sec.  2.301 of this chapter.)

[[Page 62]]



Sec.  60.10  State authority.

    The provisions of this part shall not be construed in any manner to 
preclude any State or political subdivision thereof from:
    (a) Adopting and enforcing any emission standard or limitation 
applicable to an affected facility, provided that such emission standard 
or limitation is not less stringent than the standard applicable to such 
facility.
    (b) Requiring the owner or operator of an affected facility to 
obtain permits, licenses, or approvals prior to initiating construction, 
modification, or operation of such facility.



Sec.  60.11  Compliance with standards and maintenance requirements.

    (a) Compliance with standards in this part, other than opacity 
standards, shall be determined in accordance with performance tests 
established by Sec.  60.8, unless otherwise specified in the applicable 
standard.
    (b) Compliance with opacity standards in this part shall be 
determined by conducting observations in accordance with Method 9 in 
appendix A of this part, any alternative method that is approved by the 
Administrator, or as provided in paragraph (e)(5) of this section. For 
purposes of determining initial compliance, the minimum total time of 
observations shall be 3 hours (30 6-minute averages) for the performance 
test or other set of observations (meaning those fugitive-type emission 
sources subject only to an opacity standard).
    (c) The opacity standards set forth in this part shall apply at all 
times except during periods of startup, shutdown, malfunction, and as 
otherwise provided in the applicable standard.
    (d) At all times, including periods of startup, shutdown, and 
malfunction, owners and operators shall, to the extent practicable, 
maintain and operate any affected facility including associated air 
pollution control equipment in a manner consistent with good air 
pollution control practice for minimizing emissions. Determination of 
whether acceptable operating and maintenance procedures are being used 
will be based on information available to the Administrator which may 
include, but is not limited to, monitoring results, opacity 
observations, review of operating and maintenance procedures, and 
inspection of the source.
    (e)(1) For the purpose of demonstrating initial compliance, opacity 
observations shall be conducted concurrently with the initial 
performance test required in Sec.  60.8 unless one of the following 
conditions apply. If no performance test under Sec.  60.8 is required, 
then opacity observations shall be conducted within 60 days after 
achieving the maximum production rate at which the affected facility 
will be operated but no later than 180 days after initial startup of the 
facility. If visibility or other conditions prevent the opacity 
observations from being conducted concurrently with the initial 
performance test required under Sec.  60.8, the source owner or operator 
shall reschedule the opacity observations as soon after the initial 
performance test as possible, but not later than 30 days thereafter, and 
shall advise the Administrator of the rescheduled date. In these cases, 
the 30-day prior notification to the Administrator required in Sec.  
60.7(a)(6) shall be waived. The rescheduled opacity observations shall 
be conducted (to the extent possible) under the same operating 
conditions that existed during the initial performance test conducted 
under Sec.  60.8. The visible emissions observer shall determine whether 
visibility or other conditions prevent the opacity observations from 
being made concurrently with the initial performance test in accordance 
with procedures contained in Method 9 of appendix B of this part. 
Opacity readings of portions of plumes which contain condensed, 
uncombined water vapor shall not be used for purposes of determing 
compliance with opacity standards. The owner or operator of an affected 
facility shall make available, upon request by the Administrator, such 
records as may be necessary to determine the conditions under which the 
visual observations were made and shall provide evidence indicating 
proof of current visible observer emission certification. Except as 
provided in paragraph (e)(5) of this section, the results of continuous 
monitoring by transmissometer which indicate that the opacity at the 
time visual observations were made was not in excess of

[[Page 63]]

the standard are probative but not conclusive evidence of the actual 
opacity of an emission, provided that the source shall meet the burden 
of proving that the instrument used meets (at the time of the alleged 
violation) Performance Specification 1 in appendix B of this part, has 
been properly maintained and (at the time of the alleged violation) that 
the resulting data have not been altered in any way.
    (2) Except as provided in paragraph (e)(3) of this section, the 
owner or operator of an affected facility to which an opacity standard 
in this part applies shall conduct opacity observations in accordance 
with paragraph (b) of this section, shall record the opacity of 
emissions, and shall report to the Administrator the opacity results 
along with the results of the initial performance test required under 
Sec.  60.8. The inability of an owner or operator to secure a visible 
emissions observer shall not be considered a reason for not conducting 
the opacity observations concurrent with the initial performance test.
    (3) The owner or operator of an affected facility to which an 
opacity standard in this part applies may request the Administrator to 
determine and to record the opacity of emissions from the affected 
facility during the initial performance test and at such times as may be 
required. The owner or operator of the affected facility shall report 
the opacity results. Any request to the Administrator to determine and 
to record the opacity of emissions from an affected facility shall be 
included in the notification required in Sec.  60.7(a)(6). If, for some 
reason, the Administrator cannot determine and record the opacity of 
emissions from the affected facility during the performance test, then 
the provisions of paragraph (e)(1) of this section shall apply.
    (4) An owner or operator of an affected facility using a continuous 
opacity monitor (transmissometer) shall record the monitoring data 
produced during the initial performance test required by Sec.  60.8 and 
shall furnish the Administrator a written report of the monitoring 
results along with Method 9 and Sec.  60.8 performance test results.
    (5) An owner or operator of an affected facility subject to an 
opacity standard may submit, for compliance purposes, continuous opacity 
monitoring system (COMS) data results produced during any performance 
test required under Sec.  60.8 in lieu of Method 9 observation data. If 
an owner or operator elects to submit COMS data for compliance with the 
opacity standard, he shall notify the Administrator of that decision, in 
writing, at least 30 days before any performance test required under 
Sec.  60.8 is conducted. Once the owner or operator of an affected 
facility has notified the Administrator to that effect, the COMS data 
results will be used to determine opacity compliance during subsequent 
tests required under Sec.  60.8 until the owner or operator notifies the 
Administrator, in writing, to the contrary. For the purpose of 
determining compliance with the opacity standard during a performance 
test required under Sec.  60.8 using COMS data, the minimum total time 
of COMS data collection shall be averages of all 6-minute continuous 
periods within the duration of the mass emission performance test. 
Results of the COMS opacity determinations shall be submitted along with 
the results of the performance test required under Sec.  60.8. The owner 
or operator of an affected facility using a COMS for compliance purposes 
is responsible for demonstrating that the COMS meets the requirements 
specified in Sec.  60.13(c) of this part, that the COMS has been 
properly maintained and operated, and that the resulting data have not 
been altered in any way. If COMS data results are submitted for 
compliance with the opacity standard for a period of time during which 
Method 9 data indicates noncompliance, the Method 9 data will be used to 
determine compliance with the opacity standard.
    (6) Upon receipt from an owner or operator of the written reports of 
the results of the performance tests required by Sec.  60.8, the opacity 
observation results and observer certification required by Sec.  
60.11(e)(1), and the COMS results, if applicable, the Administrator will 
make a finding concerning compliance with opacity and other applicable 
standards. If COMS data results are used to comply with an opacity 
standard, only those results are required to

[[Page 64]]

be submitted along with the performance test results required by Sec.  
60.8. If the Administrator finds that an affected facility is in 
compliance with all applicable standards for which performance tests are 
conducted in accordance with Sec.  60.8 of this part but during the time 
such performance tests are being conducted fails to meet any applicable 
opacity standard, he shall notify the owner or operator and advise him 
that he may petition the Administrator within 10 days of receipt of 
notification to make appropriate adjustment to the opacity standard for 
the affected facility.
    (7) The Administrator will grant such a petition upon a 
demonstration by the owner or operator that the affected facility and 
associated air pollution control equipment was operated and maintained 
in a manner to minimize the opacity of emissions during the performance 
tests; that the performance tests were performed under the conditions 
established by the Administrator; and that the affected facility and 
associated air pollution control equipment were incapable of being 
adjusted or operated to meet the applicable opacity standard.
    (8) The Administrator will establish an opacity standard for the 
affected facility meeting the above requirements at a level at which the 
source will be able, as indicated by the performance and opacity tests, 
to meet the opacity standard at all times during which the source is 
meeting the mass or concentration emission standard. The Administrator 
will promulgate the new opacity standard in the Federal Register.
    (f) Special provisions set forth under an applicable subpart shall 
supersede any conflicting provisions in paragraphs (a) through (e) of 
this section.
    (g) For the purpose of submitting compliance certifications or 
establishing whether or not a person has violated or is in violation of 
any standard in this part, nothing in this part shall preclude the use, 
including the exclusive use, of any credible evidence or information, 
relevant to whether a source would have been in compliance with 
applicable requirements if the appropriate performance or compliance 
test or procedure had been performed.

[38 FR 28565, Oct. 15, 1973, as amended at 39 FR 39873, Nov. 12, 1974; 
43 FR 8800, Mar. 3, 1978; 45 FR 23379, Apr. 4, 1980; 48 FR 48335, Oct. 
18, 1983; 50 FR 53113, Dec. 27, 1985; 51 FR 1790, Jan. 15, 1986; 52 FR 
9781, Mar. 26, 1987; 62 FR 8328, Feb. 24, 1997; 65 FR 61749, Oct. 17, 
2000]



Sec.  60.12  Circumvention.

    No owner or operator subject to the provisions of this part shall 
build, erect, install, or use any article, machine, equipment or 
process, the use of which conceals an emission which would otherwise 
constitute a violation of an applicable standard. Such concealment 
includes, but is not limited to, the use of gaseous diluents to achieve 
compliance with an opacity standard or with a standard which is based on 
the concentration of a pollutant in the gases discharged to the 
atmosphere.

[39 FR 9314, Mar. 8, 1974]



Sec.  60.13  Monitoring requirements.

    (a) For the purposes of this section, all continuous monitoring 
systems required under applicable subparts shall be subject to the 
provisions of this section upon promulgation of performance 
specifications for continuous monitoring systems under appendix B to 
this part and, if the continuous monitoring system is used to 
demonstrate compliance with emission limits on a continuous basis, 
appendix F to this part, unless otherwise specified in an applicable 
subpart or by the Administrator. Appendix F is applicable December 4, 
1987.
    (b) All continuous monitoring systems and monitoring devices shall 
be installed and operational prior to conducting performance tests under 
Sec.  60.8. Verification of operational status shall, as a minimum, 
include completion of the manufacturer's written requirements or 
recommendations for installation, operation, and calibration of the 
device.
    (c) If the owner or operator of an affected facility elects to 
submit continous opacity monitoring system (COMS) data for compliance 
with the opacity standard as provided under

[[Page 65]]

Sec.  60.11(e)(5), he shall conduct a performance evaluation of the COMS 
as specified in Performance Specification 1, appendix B, of this part 
before the performance test required under Sec.  60.8 is conducted. 
Otherwise, the owner or operator of an affected facility shall conduct a 
performance evaluation of the COMS or continuous emission monitoring 
system (CEMS) during any performance test required under Sec.  60.8 or 
within 30 days thereafter in accordance with the applicable performance 
specification in appendix B of this part, The owner or operator of an 
affected facility shall conduct COMS or CEMS performance evaluations at 
such other times as may be required by the Administrator under section 
114 of the Act.
    (1) The owner or operator of an affected facility using a COMS to 
determine opacity compliance during any performance test required under 
Sec.  60.8 and as described in Sec.  60.11(e)(5) shall furnish the 
Administrator two or, upon request, more copies of a written report of 
the results of the COMS performance evaluation described in paragraph 
(c) of this section at least 10 days before the performance test 
required under Sec.  60.8 is conducted.
    (2) Except as provided in paragraph (c)(1) of this section, the 
owner or operator of an affected facility shall furnish the 
Administrator within 60 days of completion two or, upon request, more 
copies of a written report of the results of the performance evaluation.
    (d)(1) Owners and operators of a CEMS installed in accordance with 
the provisions of this part, must check the zero (or low level value 
between 0 and 20 percent of span value) and span (50 to 100 percent of 
span value) calibration drifts at least once each operating day in 
accordance with a written procedure. The zero and span must, at a 
minimum, be adjusted whenever either the 24-hour zero drift or the 24-
hour span drift exceeds two times the limit of the applicable 
performance specification in appendix B of this part. The system must 
allow the amount of the excess zero and span drift to be recorded and 
quantified whenever specified. Owners and operators of a COMS installed 
in accordance with the provisions of this part must check the zero and 
upscale (span) calibration drifts at least once daily. For a particular 
COMS, the acceptable range of zero and upscale calibration materials is 
defined in the applicable version of PS-1 in appendix B of this part. 
For a COMS, the optical surfaces, exposed to the effluent gases, must be 
cleaned before performing the zero and upscale drift adjustments, except 
for systems using automatic zero adjustments. The optical surfaces must 
be cleaned when the cumulative automatic zero compensation exceeds 4 
percent opacity.
    (2) Unless otherwise approved by the Administrator, the following 
procedures must be followed for a COMS. Minimum procedures must include 
an automated method for producing a simulated zero opacity condition and 
an upscale opacity condition using a certified neutral density filter or 
other related technique to produce a known obstruction of the light 
beam. Such procedures must provide a system check of all active analyzer 
internal optics with power or curvature, all active electronic circuitry 
including the light source and photodetector assembly, and electronic or 
electro-mechanical systems and hardware and or software used during 
normal measurement operation.
    (e) Except for system breakdowns, repairs, calibration checks, and 
zero and span adjustments required under paragraph (d) of this section, 
all continuous monitoring systems shall be in continuous operation and 
shall meet minimum frequency of operation requirements as follows:
    (1) All continuous monitoring systems referenced by paragraph (c) of 
this section for measuring opacity of emissions shall complete a minimum 
of one cycle of sampling and analyzing for each successive 10-second 
period and one cycle of data recording for each successive 6-minute 
period.
    (2) All continuous monitoring systems referenced by paragraph (c) of 
this section for measuring emissions, except opacity, shall complete a 
minimum of one cycle of operation (sampling, analyzing, and data 
recording) for each successive 15-minute period.

[[Page 66]]

    (f) All continuous monitoring systems or monitoring devices shall be 
installed such that representative measurements of emissions or process 
parameters from the affected facility are obtained. Additional 
procedures for location of continuous monitoring systems contained in 
the applicable Performance Specifications of appendix B of this part 
shall be used.
    (g) When the effluents from a single affected facility or two or 
more affected facilities subject to the same emission standards are 
combined before being released to the atmosphere, the owner or operator 
may install applicable continuous monitoring systems on each effluent or 
on the combined effluent. When the affected facilities are not subject 
to the same emission standards, separate continuous monitoring systems 
shall be installed on each effluent. When the effluent from one affected 
facility is released to the atmosphere through more than one point, the 
owner or operator shall install an applicable continuous monitoring 
system on each separate effluent unless the installation of fewer 
systems is approved by the Administrator. When more than one continuous 
monitoring system is used to measure the emissions from one affected 
facility (e.g., multiple breechings, multiple outlets), the owner or 
operator shall report the results as required from each continuous 
monitoring system.
    (h)(1) Owners or operators of all continuous monitoring systems for 
measurement of opacity shall reduce all data to 6-minute averages and 
for continuous monitoring systems other than opacity to 1-hour averages 
for time periods as defined in Sec.  60.2. Six-minute opacity averages 
shall be calculated from 36 or more data points equally spaced over each 
6-minute period.
    (2) For continuous monitoring systems other than opacity, 1-hour 
averages shall be computed as follows, except that the provisions 
pertaining to the validation of partial operating hours are only 
applicable for affected facilities that are required by the applicable 
subpart to include partial hours in the emission calculations:
    (i) Except as provided under paragraph (h)(2)(iii) of this section, 
for a full operating hour (any clock hour with 60 minutes of unit 
operation), at least four valid data points are required to calculate 
the hourly average, i.e., one data point in each of the 15-minute 
quadrants of the hour.
    (ii) Except as provided under paragraph (h)(2)(iii) of this section, 
for a partial operating hour (any clock hour with less than 60 minutes 
of unit operation), at least one valid data point in each 15-minute 
quadrant of the hour in which the unit operates is required to calculate 
the hourly average.
    (iii) For any operating hour in which required maintenance or 
quality-assurance activities are performed:
    (A) If the unit operates in two or more quadrants of the hour, a 
minimum of two valid data points, separated by at least 15 minutes, is 
required to calculate the hourly average; or
    (B) If the unit operates in only one quadrant of the hour, at least 
one valid data point is required to calculate the hourly average.
    (iv) If a daily calibration error check is failed during any 
operating hour, all data for that hour shall be invalidated, unless a 
subsequent calibration error test is passed in the same hour and the 
requirements of paragraph (h)(2)(iii) of this section are met, based 
solely on valid data recorded after the successful calibration.
    (v) For each full or partial operating hour, all valid data points 
shall be used to calculate the hourly average.
    (vi) Except as provided under paragraph (h)(2)(vii) of this section, 
data recorded during periods of continuous monitoring system breakdown, 
repair, calibration checks, and zero and span adjustments shall not be 
included in the data averages computed under this paragraph.
    (vii) Owners and operators complying with the requirements of Sec.  
60.7(f)(1) or (2) must include any data recorded during periods of 
monitor breakdown or malfunction in the data averages.
    (viii) When specified in an applicable subpart, hourly averages for 
certain partial operating hours shall not be computed or included in the 
emission averages (e.g., hours with < 30 minutes of unit operation under 
Sec.  60.47b(d)).
    (ix) Either arithmetic or integrated averaging of all data may be 
used to

[[Page 67]]

calculate the hourly averages. The data may be recorded in reduced or 
nonreduced form (e.g., ppm pollutant and percent O2 or ng/J 
of pollutant).
    (3) All excess emissions shall be converted into units of the 
standard using the applicable conversion procedures specified in the 
applicable subpart. After conversion into units of the standard, the 
data may be rounded to the same number of significant digits used in the 
applicable subpart to specify the emission limit.
    (i) After receipt and consideration of written application, the 
Administrator may approve alternatives to any monitoring procedures or 
requirements of this part including, but not limited to the following:
    (1) Alternative monitoring requirements when installation of a 
continuous monitoring system or monitoring device specified by this part 
would not provide accurate measurements due to liquid water or other 
interferences caused by substances in the effluent gases.
    (2) Alternative monitoring requirements when the affected facility 
is infrequently operated.
    (3) Alternative monitoring requirements to accommodate continuous 
monitoring systems that require additional measurements to correct for 
stack moisture conditions.
    (4) Alternative locations for installing continuous monitoring 
systems or monitoring devices when the owner or operator can demonstrate 
that installation at alternate locations will enable accurate and 
representative measurements.
    (5) Alternative methods of converting pollutant concentration 
measurements to units of the standards.
    (6) Alternative procedures for performing daily checks of zero and 
span drift that do not involve use of span gases or test cells.
    (7) Alternatives to the A.S.T.M. test methods or sampling procedures 
specified by any subpart.
    (8) Alternative continuous monitoring systems that do not meet the 
design or performance requirements in Performance Specification 1, 
appendix B, but adequately demonstrate a definite and consistent 
relationship between its measurements and the measurements of opacity by 
a system complying with the requirements in Performance Specification 1. 
The Administrator may require that such demonstration be performed for 
each affected facility.
    (9) Alternative monitoring requirements when the effluent from a 
single affected facility or the combined effluent from two or more 
affected facilities is released to the atmosphere through more than one 
point.
    (j) An alternative to the relative accuracy (RA) test specified in 
Performance Specification 2 of appendix B may be requested as follows:
    (1) An alternative to the reference method tests for determining RA 
is available for sources with emission rates demonstrated to be less 
than 50 percent of the applicable standard. A source owner or operator 
may petition the Administrator to waive the RA test in Section 8.4 of 
Performance Specification 2 and substitute the procedures in Section 
16.0 if the results of a performance test conducted according to the 
requirements in Sec.  60.8 of this subpart or other tests performed 
following the criteria in Sec.  60.8 demonstrate that the emission rate 
of the pollutant of interest in the units of the applicable standard is 
less than 50 percent of the applicable standard. For sources subject to 
standards expressed as control efficiency levels, a source owner or 
operator may petition the Administrator to waive the RA test and 
substitute the procedures in Section 16.0 of Performance Specification 2 
if the control device exhaust emission rate is less than 50 percent of 
the level needed to meet the control efficiency requirement. The 
alternative procedures do not apply if the continuous emission 
monitoring system is used to determine compliance continuously with the 
applicable standard. The petition to waive the RA test shall include a 
detailed description of the procedures to be applied. Included shall be 
location and procedure for conducting the alternative, the concentration 
or response levels of the alternative RA materials, and the other 
equipment checks included in the alternative procedure. The 
Administrator will review the petition for completeness and 
applicability. The determination to grant a waiver will depend

[[Page 68]]

on the intended use of the CEMS data (e.g., data collection purposes 
other than NSPS) and may require specifications more stringent than in 
Performance Specification 2 (e.g., the applicable emission limit is more 
stringent than NSPS).
    (2) The waiver of a CEMS RA test will be reviewed and may be 
rescinded at such time, following successful completion of the 
alternative RA procedure, that the CEMS data indicate that the source 
emissions are approaching the level. The criterion for reviewing the 
waiver is the collection of CEMS data showing that emissions have 
exceeded 70 percent of the applicable standard for seven, consecutive, 
averaging periods as specified by the applicable regulation(s). For 
sources subject to standards expressed as control efficiency levels, the 
criterion for reviewing the waiver is the collection of CEMS data 
showing that exhaust emissions have exceeded 70 percent of the level 
needed to meet the control efficiency requirement for seven, 
consecutive, averaging periods as specified by the applicable 
regulation(s) [e.g., Sec. Sec.  60.45(g) (2) and (3), 60.73(e), and 
60.84(e)]. It is the responsibility of the source operator to maintain 
records and determine the level of emissions relative to the criterion 
on the waiver of RA testing. If this criterion is exceeded, the owner or 
operator must notify the Administrator within 10 days of such occurrence 
and include a description of the nature and cause of the increasing 
emissions. The Administrator will review the notification and may 
rescind the waiver and require the owner or operator to conduct a RA 
test of the CEMS as specified in Section 8.4 of Performance 
Specification 2.

[40 FR 46255, Oct. 6, 1975]

    Editorial Note: For Federal Register citations affecting Sec.  
60.13, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.govinfo.gov.



Sec.  60.14  Modification.

    (a) Except as provided under paragraphs (e) and (f) of this section, 
any physical or operational change to an existing facility which results 
in an increase in the emission rate to the atmosphere of any pollutant 
to which a standard applies shall be considered a modification within 
the meaning of section 111 of the Act. Upon modification, an existing 
facility shall become an affected facility for each pollutant to which a 
standard applies and for which there is an increase in the emission rate 
to the atmosphere.
    (b) Emission rate shall be expressed as kg/hr of any pollutant 
discharged into the atmosphere for which a standard is applicable. The 
Administrator shall use the following to determine emission rate:
    (1) Emission factors as specified in the latest issue of 
``Compilation of Air Pollutant Emission Factors,'' EPA Publication No. 
AP-42, or other emission factors determined by the Administrator to be 
superior to AP-42 emission factors, in cases where utilization of 
emission factors demonstrates that the emission level resulting from the 
physical or operational change will either clearly increase or clearly 
not increase.
    (2) Material balances, continuous monitor data, or manual emission 
tests in cases where utilization of emission factors as referenced in 
paragraph (b)(1) of this section does not demonstrate to the 
Administrator's satisfaction whether the emission level resulting from 
the physical or operational change will either clearly increase or 
clearly not increase, or where an owner or operator demonstrates to the 
Administrator's satisfaction that there are reasonable grounds to 
dispute the result obtained by the Administrator utilizing emission 
factors as referenced in paragraph (b)(1) of this section. When the 
emission rate is based on results from manual emission tests or 
continuous monitoring systems, the procedures specified in appendix C of 
this part shall be used to determine whether an increase in emission 
rate has occurred. Tests shall be conducted under such conditions as the 
Administrator shall specify to the owner or operator based on 
representative performance of the facility. At least three valid test 
runs must be conducted before and at least three after the physical or 
operational change. All operating parameters which may affect emissions 
must be held constant to the

[[Page 69]]

maximum feasible degree for all test runs.
    (c) The addition of an affected facility to a stationary source as 
an expansion to that source or as a replacement for an existing facility 
shall not by itself bring within the applicability of this part any 
other facility within that source.
    (d) [Reserved]
    (e) The following shall not, by themselves, be considered 
modifications under this part:
    (1) Maintenance, repair, and replacement which the Administrator 
determines to be routine for a source category, subject to the 
provisions of paragraph (c) of this section and Sec.  60.15.
    (2) An increase in production rate of an existing facility, if that 
increase can be accomplished without a capital expenditure on that 
facility.
    (3) An increase in the hours of operation.
    (4) Use of an alternative fuel or raw material if, prior to the date 
any standard under this part becomes applicable to that source type, as 
provided by Sec.  60.1, the existing facility was designed to 
accommodate that alternative use. A facility shall be considered to be 
designed to accommodate an alternative fuel or raw material if that use 
could be accomplished under the facility's construction specifications 
as amended prior to the change. Conversion to coal required for energy 
considerations, as specified in section 111(a)(8) of the Act, shall not 
be considered a modification.
    (5) The addition or use of any system or device whose primary 
function is the reduction of air pollutants, except when an emission 
control system is removed or is replaced by a system which the 
Administrator determines to be less environmentally beneficial.
    (6) The relocation or change in ownership of an existing facility.
    (f) Special provisions set forth under an applicable subpart of this 
part shall supersede any conflicting provisions of this section.
    (g) Within 180 days of the completion of any physical or operational 
change subject to the control measures specified in paragraph (a) of 
this section, compliance with all applicable standards must be achieved.
    (h) No physical change, or change in the method of operation, at an 
existing electric utility steam generating unit shall be treated as a 
modification for the purposes of this section provided that such change 
does not increase the maximum hourly emissions of any pollutant 
regulated under this section above the maximum hourly emissions 
achievable at that unit during the 5 years prior to the change.
    (i) Repowering projects that are awarded funding from the Department 
of Energy as permanent clean coal technology demonstration projects (or 
similar projects funded by EPA) are exempt from the requirements of this 
section provided that such change does not increase the maximum hourly 
emissions of any pollutant regulated under this section above the 
maximum hourly emissions achievable at that unit during the five years 
prior to the change.
    (j)(1) Repowering projects that qualify for an extension under 
section 409(b) of the Clean Air Act are exempt from the requirements of 
this section, provided that such change does not increase the actual 
hourly emissions of any pollutant regulated under this section above the 
actual hourly emissions achievable at that unit during the 5 years prior 
to the change.
    (2) This exemption shall not apply to any new unit that:
    (i) Is designated as a replacement for an existing unit;
    (ii) Qualifies under section 409(b) of the Clean Air Act for an 
extension of an emission limitation compliance date under section 405 of 
the Clean Air Act; and
    (iii) Is located at a different site than the existing unit.
    (k) The installation, operation, cessation, or removal of a 
temporary clean coal technology demonstration project is exempt from the 
requirements of this section. A temporary clean coal control technology 
demonstration project, for the purposes of this section is a clean coal 
technology demonstration project that is operated for a period of 5 
years or less, and which complies with the State implementation plan for 
the State in which the project

[[Page 70]]

is located and other requirements necessary to attain and maintain the 
national ambient air quality standards during the project and after it 
is terminated.
    (l) The reactivation of a very clean coal-fired electric utility 
steam generating unit is exempt from the requirements of this section.

[40 FR 58419, Dec. 16, 1975, as amended at 43 FR 34347, Aug. 3, 1978; 45 
FR 5617, Jan. 23, 1980; 57 FR 32339, July 21, 1992; 65 FR 61750, Oct. 
17, 2000]



Sec.  60.15  Reconstruction.

    (a) An existing facility, upon reconstruction, becomes an affected 
facility, irrespective of any change in emission rate.
    (b) ``Reconstruction'' means the replacement of components of an 
existing facility to such an extent that:
    (1) The fixed capital cost of the new components exceeds 50 percent 
of the fixed capital cost that would be required to construct a 
comparable entirely new facility, and
    (2) It is technologically and economically feasible to meet the 
applicable standards set forth in this part.
    (c) ``Fixed capital cost'' means the capital needed to provide all 
the depreciable components.
    (d) If an owner or operator of an existing facility proposes to 
replace components, and the fixed capital cost of the new components 
exceeds 50 percent of the fixed capital cost that would be required to 
construct a comparable entirely new facility, he shall notify the 
Administrator of the proposed replacements. The notice must be 
postmarked 60 days (or as soon as practicable) before construction of 
the replacements is commenced and must include the following 
information:
    (1) Name and address of the owner or operator.
    (2) The location of the existing facility.
    (3) A brief description of the existing facility and the components 
which are to be replaced.
    (4) A description of the existing air pollution control equipment 
and the proposed air pollution control equipment.
    (5) An estimate of the fixed capital cost of the replacements and of 
constructing a comparable entirely new facility.
    (6) The estimated life of the existing facility after the 
replacements.
    (7) A discussion of any economic or technical limitations the 
facility may have in complying with the applicable standards of 
performance after the proposed replacements.
    (e) The Administrator will determine, within 30 days of the receipt 
of the notice required by paragraph (d) of this section and any 
additional information he may reasonably require, whether the proposed 
replacement constitutes reconstruction.
    (f) The Administrator's determination under paragraph (e) shall be 
based on:
    (1) The fixed capital cost of the replacements in comparison to the 
fixed capital cost that would be required to construct a comparable 
entirely new facility;
    (2) The estimated life of the facility after the replacements 
compared to the life of a comparable entirely new facility;
    (3) The extent to which the components being replaced cause or 
contribute to the emissions from the facility; and
    (4) Any economic or technical limitations on compliance with 
applicable standards of performance which are inherent in the proposed 
replacements.
    (g) Individual subparts of this part may include specific provisions 
which refine and delimit the concept of reconstruction set forth in this 
section.

[40 FR 58420, Dec. 16, 1975]



Sec.  60.16  Priority list.

                   Prioritized Major Source Categories
------------------------------------------------------------------------
     Priority Number \1\                    Source Category
------------------------------------------------------------------------
1.                             Synthetic Organic Chemical Manufacturing
                                Industry (SOCMI) and Volatile Organic
                                Liquid Storage Vessels and Handling
                                Equipment
                               (a) SOCMI unit processes
                               (b) Volatile organic liquid (VOL) storage
                                vessels and handling equipment
                               (c) SOCMI fugitive sources
                               (d) SOCMI secondary sources
2.                             Industrial Surface Coating: Cans
3.                             Petroleum Refineries: Fugitive Sources
4.                             Industrial Surface Coating: Paper
5.                             Dry Cleaning
                               (a) Perchloroethylene

[[Page 71]]

 
                               (b) Petroleum solvent
6.                             Graphic Arts
7.                             Polymers and Resins: Acrylic Resins
8.                             Mineral Wool (Deleted)
9.                             Stationary Internal Combustion Engines
10.                            Industrial Surface Coating: Fabric
11.                            Industrial-Commercial-Institutional Steam
                                Generating Units.
12.                            Incineration: Non-Municipal (Deleted)
13.                            Non-Metallic Mineral Processing
14.                            Metallic Mineral Processing
15.                            Secondary Copper (Deleted)
16.                            Phosphate Rock Preparation
17.                            Foundries: Steel and Gray Iron
18.                            Polymers and Resins: Polyethylene
19.                            Charcoal Production
20.                            Synthetic Rubber
                               (a) Tire manufacture
                               (b) SBR production
21.                            Vegetable Oil
22.                            Industrial Surface Coating: Metal Coil
23.                            Petroleum Transportation and Marketing
24.                            By-Product Coke Ovens
25.                            Synthetic Fibers
26.                            Plywood Manufacture
27.                            Industrial Surface Coating: Automobiles
28.                            Industrial Surface Coating: Large
                                Appliances
29.                            Crude Oil and Natural Gas Production
30.                            Secondary Aluminum
31.                            Potash (Deleted)
32.                            Lightweight Aggregate Industry: Clay,
                                Shale, and Slate \2\
33.                            Glass
34.                            Gypsum
35.                            Sodium Carbonate
36.                            Secondary Zinc (Deleted)
37.                            Polymers and Resins: Phenolic
38.                            Polymers and Resins: Urea-Melamine
39.                            Ammonia (Deleted)
40.                            Polymers and Resins: Polystyrene
41.                            Polymers and Resins: ABS-SAN Resins
42.                            Fiberglass
43.                            Polymers and Resins: Polypropylene
44.                            Textile Processing
45.                            Asphalt Processing and Asphalt Roofing
                                Manufacture
46.                            Brick and Related Clay Products
47.                            Ceramic Clay Manufacturing (Deleted)
48.                            Ammonium Nitrate Fertilizer
49.                            Castable Refractories (Deleted)
50.                            Borax and Boric Acid (Deleted)
51.                            Polymers and Resins: Polyester Resins
52.                            Ammonium Sulfate
53.                            Starch
54.                            Perlite
55.                            Phosphoric Acid: Thermal Process
                                (Deleted)
56.                            Uranium Refining
57.                            Animal Feed Defluorination (Deleted)
58.                            Urea (for fertilizer and polymers)
59.                            Detergent (Deleted)
 
                         Other Source Categories
 
Lead acid battery manufacture \3\
Organic solvent cleaning \3\
Industrial surface coating: metal furniture \3\
Stationary gas turbines \4\
Municipal solid waste landfills \4\
 
------------------------------------------------------------------------
 \1\ Low numbers have highest priority, e.g., No. 1 is high priority,
  No. 59 is low priority.
\2\ Formerly titled ``Sintering: Clay and Fly Ash''.
\3\ Minor source category, but included on list since an NSPS is being
  developed for that source category.
\4\ Not prioritized, since an NSPS for this major source category has
  already been promulgated.


[47 FR 951, Jan. 8, 1982, as amended at 47 FR 31876, July 23, 1982; 51 
FR 42796, Nov. 25, 1986; 52 FR 11428, Apr. 8, 1987; 61 FR 9919, Mar. 12, 
1996]



Sec.  60.17  Incorporations by reference.

    (a) Certain material is incorporated by reference into this part 
with the approval of the Director of the Federal Register under 5 U.S.C. 
552(a) and 1 CFR part 51. To enforce any edition other than that 
specified in this section, the EPA must publish notice of change in the 
Federal Register and the material must be available to the public. All 
approved material is available for inspection at the EPA Docket Center, 
Public Reading Room, EPA WJC West, Room 3334, 1301 Constitution Ave. 
NW., Washington, DC, telephone number 202-566-1744, and is available 
from the sources listed below. It is also available for inspection at 
the National Archives and Records Administration (NARA). For information 
on the availability of this material at NARA, email 
[email protected], or go to www.archives.gov/federal-register /cfr/
ibr-locations.html.
    (b) American Gas Association, available through ILI Infodisk, 610 
Winters Avenue, Paramus, New Jersey 07652:
    (1) American Gas Association Report No. 3: Orifice Metering for 
Natural Gas and Other Related Hydrocarbon Fluids, Part 1: General 
Equations and Uncertainty Guidelines (1990), IBR approved for Sec.  
60.107a(d).
    (2) American Gas Association Report No. 3: Orifice Metering for 
Natural Gas and Other Related Hydrocarbon Fluids, Part 2: Specification 
and Installation Requirements (2000), IBR approved for Sec.  60.107a(d).
    (3) American Gas Association Report No. 11: Measurement of Natural 
Gas by Coriolis Meter (2003), IBR approved for Sec.  60.107a(d).
    (4) American Gas Association Transmission Measurement Committee 
Report No. 7: Measurement of Gas by Turbine Meters (Revised February 
2006), IBR approved for Sec.  60.107a(d).
    (c) American Hospital Association (AHA) Service, Inc., Post Office 
Box

[[Page 72]]

92683, Chicago, Illinois 60675-2683. You may inspect a copy at the EPA's 
Air and Radiation Docket and Information Center (Docket A-91-61, Item 
IV-J-124), Room M-1500, 1200 Pennsylvania Ave. NW., Washington, DC 
20460.
    (1) An Ounce of Prevention: Waste Reduction Strategies for Health 
Care Facilities. American Society for Health Care Environmental Services 
of the American Hospital Association. Chicago, Illinois. 1993. AHA 
Catalog No. 057007. ISBN 0-87258-673-5. IBR approved for Sec. Sec.  
60.35e and 60.55c.
    (2) [Reserved]
    (d) The following material is available for purchase from the 
American National Standards Institute (ANSI), 25 W. 43rd Street, 4th 
Floor, New York, NY 10036, Telephone (212) 642-4980, and is also 
available at the following Web site: http://www.ansi.org.
    (1) ANSI No. C12.20-2010 American National Standard for Electricity 
Meters--0.2 and 0.5 Accuracy Classes (Approved August 31, 2010), IBR 
approved for Sec.  60.5535(d).
    (2) [Reserved]
    (e) American Petroleum Institute (API), 1220 L Street NW., 
Washington, DC 20005.
    (1) API Publication 2517, Evaporation Loss from External Floating 
Roof Tanks, Second Edition, February 1980, IBR approved for Sec. Sec.  
60.111(i), 60.111a(f), and 60.116b(e).
    (2) API Manual of Petroleum Measurement Standards, Chapter 14--
Natural Gas Fluids Measurement, Section 1--Collecting and Handling of 
Natural Gas Samples for Custody Transfer, 7th Edition, May 2016, IBR 
approved for Sec.  60.4415(a).
    (3) API Manual of Petroleum Measurement Standards, Chapter 22--
Testing Protocol, Section 2--Differential Pressure Flow Measurement 
Devices, First Edition, August 2005, IBR approved for Sec.  60.107a(d).
    (f) American Public Health Association, 1015 18th Street NW., 
Washington, DC 20036.
    (1) ``Standard Methods for the Examination of Water and 
Wastewater,'' 16th edition, 1985. Method 303F: ``Determination of 
Mercury by the Cold Vapor Technique.'' Incorporated by reference for 
appendix A-8 to part 60, Method 29, Sec. Sec.  9.2.3, 10.3, and 11.1.3.
    (2) 2540 G. Total, Fixed, and Volatile Solids in Solid and Semisolid 
Samples, in Standard Methods for the Examination of Water and 
Wastewater, 20th Edition, 1998, IBR approved for Sec.  60.154(b).
    (g) The following material is available for purchase from the 
American Society of Mechanical Engineers (ASME), Two Park Avenue, New 
York, NY 10016-5990, Telephone (800) 843-2763, and is also available at 
the following Web site: http://www.asme.org.
    (1) ASME Interim Supplement 19.5 on Instruments and Apparatus: 
Application, Part II of Fluid Meters, 6th Edition (1971), IBR approved 
for Sec. Sec.  60.58a(h), 60.58b(i), 60.1320(a), and 60.1810(a).
    (2) ASME MFC-3M-2004, Measurement of Fluid Flow in Pipes Using 
Orifice, Nozzle, and Venturi, IBR approved for Sec.  60.107a(d).
    (3) ASME/ANSI MFC-4M-1986 (Reaffirmed 2008), Measurement of Gas Flow 
by Turbine Meters, IBR approved for Sec.  60.107a(d).
    (4) ASME/ANSI MFC-5M-1985 (Reaffirmed 2006), Measurement of Liquid 
Flow in Closed Conduits Using Transit-Time Ultrasonic Flowmeters, IBR 
approved for Sec.  60.107a(d).
    (5) ASME MFC-6M-1998 (Reaffirmed 2005), Measurement of Fluid Flow in 
Pipes Using Vortex Flowmeters, IBR approved for Sec.  60.107a(d).
    (6) ASME/ANSI MFC-7M-1987 (Reaffirmed 2006), Measurement of Gas Flow 
by Means of Critical Flow Venturi Nozzles, IBR approved for Sec.  
60.107a(d).
    (7) ASME/ANSI MFC-9M-1988 (Reaffirmed 2006), Measurement of Liquid 
Flow in Closed Conduits by Weighing Method, IBR approved for Sec.  
60.107a(d).
    (8) ASME MFC-11M-2006, Measurement of Fluid Flow by Means of 
Coriolis Mass Flowmeters, IBR approved for Sec.  60.107a(d).
    (9) ASME MFC-14M-2003, Measurement of Fluid Flow Using Small Bore 
Precision Orifice Meters, IBR approved for Sec.  60.107a(d).
    (10) ASME MFC-16-2007, Measurement of Liquid Flow in Closed Conduits 
with Electromagnetic Flowmeters, IBR approved for Sec.  60.107a(d).
    (11) ASME MFC-18M-2001, Measurement of Fluid Flow Using Variable

[[Page 73]]

Area Meters, IBR approved for Sec.  60.107a(d).
    (12) ASME MFC-22-2007, Measurement of Liquid by Turbine Flowmeters, 
IBR approved for Sec.  60.107a(d).
    (13) ASME PTC 4.1-1964 (Reaffirmed 1991), Power Test Codes: Test 
Code for Steam Generating Units (with 1968 and 1969 Addenda), IBR 
approved for Sec. Sec.  60.46b, 60.58a(h), 60.58b(i), 60.1320(a), and 
60.1810(a).
    (14) ASME/ANSI PTC 19.10-1981, Flue and Exhaust Gas Analyses [Part 
10, Instruments and Apparatus], (Issued August 31, 1981), IBR approved 
for Sec. Sec.  60.56c(b), 60.63(f), 60.106(e), 60.104a(d), (h), (i), and 
(j), 60.105a(b), (d), (f), and (g), 60.106a(a), 60.107a(a), (c), and 
(d), tables 1 and 3 to subpart EEEE, tables 2 and 4 to subpart FFFF, 
table 2 to subpart JJJJ, Sec. Sec.  60.285a(f), 60.4415(a), 60.2145(s) 
and (t), 60.2710(s) and (t), 60.2730(q), 60.4900(b), 60.5220(b), tables 
1 and 2 to subpart LLLL, tables 2 and 3 to subpart MMMM, Sec. Sec.  
60.5406(c), 60.5406a(c), 60.5407a(g), 60.5413(b), 60.5413a(b), and 
60.5413a(d).
    (15) ASME PTC 22-2014, Gas Turbines: Performance Test Codes, (Issued 
December 31, 2014), IBR approved for Sec.  60.5580.
    (16) ASME PTC 46-1996, Performance Test Code on Overall Plant 
Performance, (Issued October 15, 1997), IBR approved for Sec.  60.5580.
    (17) ASME QRO-1-1994, Standard for the Qualification and 
Certification of Resource Recovery Facility Operators, IBR approved for 
Sec. Sec.  60.54b(a) and (b), 60.56a, 60.1185(a) and (c), and 60.1675(a) 
and (c).
    (h) The following material is available for purchase from ASTM 
International, 100 Barr Harbor Drive, P.O. Box CB700, West Conshohocken, 
Pennsylvania 19428-2959, (800) 262-1373, http://www.astm.org.
    (1) ASTM A99-76, Standard Specification for Ferromanganese, IBR 
approved for Sec.  60.261.
    (2) ASTM A99-82 (Reapproved 1987), Standard Specification for 
Ferromanganese, IBR approved for Sec.  60.261.
    (3) ASTM A100-69, Standard Specification for Ferrosilicon, IBR 
approved for Sec.  60.261.
    (4) ASTM A100-74, Standard Specification for Ferrosilicon, IBR 
approved for Sec.  60.261.
    (5) ASTM A100-93, Standard Specification for Ferrosilicon, IBR 
approved for Sec.  60.261.
    (6) ASTM A101-73, Standard Specification for Ferrochromium, IBR 
approved for Sec.  60.261.
    (7) ASTM A101-93, Standard Specification for Ferrochromium, IBR 
approved for Sec.  60.261.
    (8) ASTM A482-76, Standard Specification for Ferrochromesilicon, IBR 
approved for Sec.  60.261.
    (9) ASTM A482-93, Standard Specification for Ferrochromesilicon, IBR 
approved for Sec.  60.261.
    (10) ASTM A483-64, Standard Specification for Silicomanganese, IBR 
approved for Sec.  60.261.
    (11) ASTM A483-74 (Reapproved 1988), Standard Specification for 
Silicomanganese, IBR approved for Sec.  60.261.
    (12) ASTM A495-76, Standard Specification for Calcium-Silicon and 
Calcium Manganese-Silicon, IBR approved for Sec.  60.261.
    (13) ASTM A495-94, Standard Specification for Calcium-Silicon and 
Calcium Manganese-Silicon, IBR approved for Sec.  60.261.
    (14) ASTM D86-78, Distillation of Petroleum Products, IBR approved 
for Sec. Sec.  60.562-2(d), 60.593(d), 60.593a(d), 60.633(h).
    (15) ASTM D86-82, Distillation of Petroleum Products, IBR approved 
for Sec. Sec.  60.562-2(d), 60.593(d), 60.593a(d), 60.633(h).
    (16) ASTM D86-90, Distillation of Petroleum Products, IBR approved 
for Sec. Sec.  60.562-2(d), 60.593(d), 60.593a(d), 60.633(h).
    (17) ASTM D86-93, Distillation of Petroleum Products, IBR approved 
for Sec. Sec.  60.562-2(d), 60.593(d), 60.593a(d), 60.633(h).
    (18) ASTM D86-95, Distillation of Petroleum Products, IBR approved 
for Sec. Sec.  60.562-2(d), 60.593(d), 60.593a(d), 60.633(h).
    (19) ASTM D86-96, Distillation of Petroleum Products, (Approved 
April 10, 1996), IBR approved for Sec. Sec.  60.562-2(d), 60.593(d), 
60.593a(d), 60.633(h), 60.5401(f), 60.5401a(f).

[[Page 74]]

    (20) ASTM D129-64, Standard Test Method for Sulfur in Petroleum 
Products (General Bomb Method), IBR approved for Sec. Sec.  60.106(j) 
and appendix A-7 to part 60: Method 19, Section 12.5.2.2.3.
    (21) ASTM D129-78, Standard Test Method for Sulfur in Petroleum 
Products (General Bomb Method), IBR approved for Sec. Sec.  60.106(j) 
and appendix A-7 to part 60: Method 19, Section 12.5.2.2.3.
    (22) ASTM D129-95, Standard Test Method for Sulfur in Petroleum 
Products (General Bomb Method), IBR approved for Sec. Sec.  60.106(j) 
and appendix A-7 to part 60: Method 19, Section 12.5.2.2.3.
    (23) ASTM D129-00, Standard Test Method for Sulfur in Petroleum 
Products (General Bomb Method), IBR approved for Sec.  60.335(b).
    (24) ASTM D129-00 (Reapproved 2005), Standard Test Method for Sulfur 
in Petroleum Products (General Bomb Method), IBR approved for Sec.  
60.4415(a).
    (25) ASTM D240-76, Standard Test Method for Heat of Combustion of 
Liquid Hydrocarbon Fuels by Bomb Calorimeter, IBR approved for 
Sec. Sec.  60.46(c), 60.296(b), and appendix A-7 to part 60: Method 19, 
Section 12.5.2.2.3.
    (26) ASTM D240-92, Standard Test Method for Heat of Combustion of 
Liquid Hydrocarbon Fuels by Bomb Calorimeter, IBR approved for 
Sec. Sec.  60.46(c), 60.296(b), and appendix A-7: Method 19, Section 
12.5.2.2.3.
    (27) ASTM D240-02 (Reapproved 2007), Standard Test Method for Heat 
of Combustion of Liquid Hydrocarbon Fuels by Bomb Calorimeter, (Approved 
May 1, 2007), IBR approved for Sec.  60.107a(d).
    (28) ASTM D270-65, Standard Method of Sampling Petroleum and 
Petroleum Products, IBR approved for appendix A-7 to part 60: Method 19, 
Section 12.5.2.2.1.
    (29) ASTM D270-75, Standard Method of Sampling Petroleum and 
Petroleum Products, IBR approved for appendix A-7 to part 60: Method 19, 
Section 12.5.2.2.1.
    (30) ASTM D323-82, Test Method for Vapor Pressure of Petroleum 
Products (Reid Method), IBR approved for Sec. Sec.  60.111(l), 
60.111a(g), 60.111b, and 60.116b(f).
    (31) ASTM D323-94, Test Method for Vapor Pressure of Petroleum 
Products (Reid Method), IBR approved for Sec. Sec.  60.111(l), 
60.111a(g), 60.111b, and 60.116b(f).
    (32) ASTM D388-77, Standard Specification for Classification of 
Coals by Rank, IBR approved for Sec. Sec.  60.41, 60.45(f), 60.41Da, 
60.41b, 60.41c, and 60.251.
    (33) ASTM D388-90, Standard Specification for Classification of 
Coals by Rank, IBR approved for Sec. Sec.  60.41, 60.45(f), 60.41Da, 
60.41b, 60.41c, and 60.251.
    (34) ASTM D388-91, Standard Specification for Classification of 
Coals by Rank, IBR approved for Sec. Sec.  60.41, 60.45(f), 60.41Da, 
60.41b, 60.41c, and 60.251.
    (35) ASTM D388-95, Standard Specification for Classification of 
Coals by Rank, IBR approved for Sec. Sec.  60.41, 60.45(f), 60.41Da, 
60.41b, 60.41c, and 60.251.
    (36) ASTM D388-98a, Standard Specification for Classification of 
Coals by Rank, IBR approved for Sec. Sec.  60.41, 60.45(f), 60.41Da, 
60.41b, 60.41c, and 60.251.
    (37) ASTM D388-99 (Reapproved 2004) [epsiv]1 Standard Classification 
of Coals by Rank, IBR approved for Sec. Sec.  60.41, 60.45(f), 60.41Da, 
60.41b, 60.41c, 60.251, and 60.5580.
    (38) ASTM D396-78, Standard Specification for Fuel Oils, IBR 
approved for Sec. Sec.  60.41b, 60.41c, 60.111(b), and 60.111a(b).
    (39) ASTM D396-89, Standard Specification for Fuel Oils, IBR 
approved for Sec. Sec.  60.41b, 60.41c, 60.111(b), and 60.111a(b).
    (40) ASTM D396-90, Standard Specification for Fuel Oils, IBR 
approved for Sec. Sec.  60.41b, 60.41c, 60.111(b), and 60.111a(b).
    (41) ASTM D396-92, Standard Specification for Fuel Oils, IBR 
approved for Sec. Sec.  60.41b, 60.41c, 60.111(b), and 60.111a(b).
    (42) ASTM D396-98, Standard Specification for Fuel Oils, IBR 
approved for Sec. Sec.  60.41b, 60.41c, 60.111(b), 60.111a(b), and 
60.5580.
    (43) ASTM D975-78, Standard Specification for Diesel Fuel Oils, IBR 
approved for Sec. Sec.  60.111(b) and 60.111a(b).
    (44) ASTM D975-96, Standard Specification for Diesel Fuel Oils, IBR 
approved for Sec. Sec.  60.111(b) and 60.111a(b).
    (45) ASTM D975-98a, Standard Specification for Diesel Fuel Oils, IBR 
approved for Sec. Sec.  60.111(b) and 60.111a(b).
    (46) ASTM D975-08a, Standard Specification for Diesel Fuel Oils, IBR 
approved for Sec. Sec.  60.41b 60.41c, and 60.5580.
    (47) ASTM D1072-80, Standard Test Method for Total Sulfur in Fuel 
Gases, IBR approved for Sec.  60.335(b).

[[Page 75]]

    (48) ASTM D1072-90 (Reapproved 1994), Standard Test Method for Total 
Sulfur in Fuel Gases, IBR approved for Sec.  60.335(b).
    (49) ASTM D1072-90 (Reapproved 1999), Standard Test Method for Total 
Sulfur in Fuel Gases, IBR approved for Sec.  60.4415(a).
    (50) ASTM D1137-53, Standard Method for Analysis of Natural Gases 
and Related Types of Gaseous Mixtures by the Mass Spectrometer, IBR 
approved for Sec.  60.45(f).
    (51) ASTM D1137-75, Standard Method for Analysis of Natural Gases 
and Related Types of Gaseous Mixtures by the Mass Spectrometer, IBR 
approved for Sec.  60.45(f).
    (52) ASTM D1193-77, Standard Specification for Reagent Water, IBR 
approved for appendix A-3 to part 60: Method 5, Section 7.1.3; Method 
5E, Section 7.2.1; Method 5F, Section 7.2.1; appendix A-4 to part 60: 
Method 6, Section 7.1.1; Method 7, Section 7.1.1; Method 7C, Section 
7.1.1; Method 7D, Section 7.1.1; Method 10A, Section 7.1.1; appendix A-5 
to part 60: Method 11, Section 7.1.3; Method 12, Section 7.1.3; Method 
13A, Section 7.1.2; appendix A-8 to part 60: Method 26, Section 7.1.2; 
Method 26A, Section 7.1.2; and Method 29, Section 7.2.2.
    (53) ASTM D1193-91, Standard Specification for Reagent Water, IBR 
approved for appendix A-3 to part 60: Method 5, Section 7.1.3; Method 
5E, Section 7.2.1; Method 5F, Section 7.2.1; appendix A-4 to part 60: 
Method 6, Section 7.1.1; Method 7, Section 7.1.1; Method 7C, Section 
7.1.1; Method 7D, Section 7.1.1; Method 10A, Section 7.1.1; appendix A-5 
to part 60: Method 11, Section 7.1.3; Method 12, Section 7.1.3; Method 
13A, Section 7.1.2; appendix A-8 to part 60: Method 26, Section 7.1.2; 
Method 26A, Section 7.1.2; and Method 29, Section 7.2.2.
    (54) ASTM D1266-87, Standard Test Method for Sulfur in Petroleum 
Products (Lamp Method), IBR approved for Sec. Sec.  60.106(j) and 
60.335(b).
    (55) ASTM D1266-91, Standard Test Method for Sulfur in Petroleum 
Products (Lamp Method), IBR approved for Sec. Sec.  60.106(j) and 
60.335(b).
    (56) ASTM D1266-98, Standard Test Method for Sulfur in Petroleum 
Products (Lamp Method), IBR approved for Sec. Sec.  60.106(j) and 
60.335(b).
    (57) ASTM D1266-98 (Reapproved 2003) [egr],\1\ Standard 
Test Method for Sulfur in Petroleum Products (Lamp Method), IBR approved 
for Sec.  60.4415(a).
    (58) ASTM D1475-60 (Reapproved 1980), Standard Test Method for 
Density of Paint, Varnish Lacquer, and Related Products, IBR approved 
for Sec.  60.435(d), appendix A-7 to part 60: Method 24, Section 6.1; 
and Method 24A, Sections 6.5 and 7.1.
    (59) ASTM D1475-90, Standard Test Method for Density of Paint, 
Varnish Lacquer, and Related Products, IBR approved for Sec.  60.435(d), 
appendix A-7 to part 60: Method 24, Section 6.1; and Method 24A, 
Sec. Sec.  6.5 and 7.1.
    (60) ASTM D1552-83, Standard Test Method for Sulfur in Petroleum 
Products (High-Temperature Method), IBR approved for Sec. Sec.  
60.106(j), 60.335(b), and appendix A-7 to part 60: Method 19, Section 
12.5.2.2.3.
    (61) ASTM D1552-95, Standard Test Method for Sulfur in Petroleum 
Products (High-Temperature Method), IBR approved for Sec. Sec.  
60.106(j), 60.335(b), and appendix A-7 to part 60: Method 19, Section 
12.5.2.2.3.
    (62) ASTM D1552-01, Standard Test Method for Sulfur in Petroleum 
Products (High-Temperature Method), IBR approved for Sec. Sec.  
60.106(j), 60.335(b), and appendix A-7 to part 60: Method 19, Section 
12.5.2.2.3.
    (63) ASTM D1552-03, Standard Test Method for Sulfur in Petroleum 
Products (High-Temperature Method), IBR approved for Sec.  60.4415(a).
    (64) ASTM D1826-77, Standard Test Method for Calorific Value of 
Gases in Natural Gas Range by Continuous Recording Calorimeter, IBR 
approved for Sec. Sec.  60.45(f), 60.46(c), 60.296(b), and appendix A-7 
to part 60: Method 19, Section 12.3.2.4.
    (65) ASTM D1826-94, Standard Test Method for Calorific Value of 
Gases in Natural Gas Range by Continuous Recording Calorimeter, IBR 
approved for Sec. Sec.  60.45(f), 60.46(c), 60.296(b), and appendix A-7 
to part 60: Method 19, Section 12.3.2.4.

[[Page 76]]

    (66) ASTM D1826-94 (Reapproved 2003), Standard Test Method for 
Calorific (Heating) Value of Gases in Natural Gas Range by Continuous 
Recording Calorimeter, (Approved May 10, 2003), IBR approved for Sec.  
60.107a(d).
    (67) ASTM D1835-87, Standard Specification for Liquefied Petroleum 
(LP) Gases, IBR approved for Sec. Sec.  60.41Da, 60.41b, and 60.41c.
    (68) ASTM D1835-91, Standard Specification for Liquefied Petroleum 
(LP) Gases, IBR approved for Sec. Sec.  60.41Da, 60.41b, and 60.41c.
    (69) ASTM D1835-97, Standard Specification for Liquefied Petroleum 
(LP) Gases, IBR approved for Sec. Sec.  60.41Da, 60.41b, and 60.41c.
    (70) ASTM D1835-03a, Standard Specification for Liquefied Petroleum 
(LP) Gases, IBR approved for Sec. Sec.  60.41Da, 60.41b, and 60.41c.
    (71) ASTM D1945-64, Standard Method for Analysis of Natural Gas by 
Gas Chromatography, IBR approved for Sec.  60.45(f).
    (72) ASTM D1945-76, Standard Method for Analysis of Natural Gas by 
Gas Chromatography, IBR approved for Sec.  60.45(f).
    (73) ASTM D1945-91, Standard Method for Analysis of Natural Gas by 
Gas Chromatography, IBR approved for Sec.  60.45(f).
    (74) ASTM D1945-96, Standard Method for Analysis of Natural Gas by 
Gas Chromatography, IBR approved for Sec.  60.45(f).
    (75) ASTM D1945-03 (Reapproved 2010), Standard Method for Analysis 
of Natural Gas by Gas Chromatography, (Approved January 1, 2010), IBR 
approved for Sec. Sec.  60.107a(d), 60.5413(d), 60.5413a(d).
    (76) ASTM D1946-77, Standard Method for Analysis of Reformed Gas by 
Gas Chromatography, IBR approved for Sec. Sec.  60.18(f), 60.45(f), 
60.564(f), 60.614(e), 60.664(e), and 60.704(d).
    (77) ASTM D1946-90 (Reapproved 1994), Standard Method for Analysis 
of Reformed Gas by Gas Chromatography, IBR approved for Sec. Sec.  
60.18(f), 60.45(f), 60.564(f), 60.614(e), 60.664(e), and 60.704(d).
    (78) ASTM D1946-90 (Reapproved 2006), Standard Method for Analysis 
of Reformed Gas by Gas Chromatography, (Approved June 1, 2006), IBR 
approved for Sec.  60.107a(d).
    (79) ASTM D2013-72, Standard Method of Preparing Coal Samples for 
Analysis, IBR approved for appendix A-7 to part 60: Method 19, Section 
12.5.2.1.3.
    (80) ASTM D2013-86, Standard Method of Preparing Coal Samples for 
Analysis, IBR approved for appendix A-7 to part 60: Method 19, Section 
12.5.2.1.3.
    (81) ASTM D2015-77 (Reapproved 1978), Standard Test Method for Gross 
Calorific Value of Solid Fuel by the Adiabatic Bomb Calorimeter, IBR 
approved for Sec. Sec.  60.45(f), 60.46(c), and appendix A-7 to part 60: 
Method 19, Section 12.5.2.1.3.
    (82) ASTM D2015-96, Standard Test Method for Gross Calorific Value 
of Solid Fuel by the Adiabatic Bomb Calorimeter, IBR approved for 
Sec. Sec.  60.45(f), 60.46(c), and appendix A-7 to part 60: Method 19, 
Section 12.5.2.1.3.
    (83) ASTM D2016-74, Standard Test Methods for Moisture Content of 
Wood, IBR approved for appendix A-8 to part 60: Method 28, Section 
16.1.1.
    (84) ASTM D2016-83, Standard Test Methods for Moisture Content of 
Wood, IBR approved for appendix A-8 to part 60: Method 28, Section 
16.1.1.
    (85) ASTM D2234-76, Standard Methods for Collection of a Gross 
Sample of Coal, IBR approved for appendix A-7 to part 60: Method 19, 
Section 12.5.2.1.1.
    (86) ASTM D2234-96, Standard Methods for Collection of a Gross 
Sample of Coal, IBR approved for appendix A-7 to part 60: Method 19, 
Section 12.5.2.1.1.
    (87) ASTM D2234-97b, Standard Methods for Collection of a Gross 
Sample of Coal, IBR approved for appendix A-7 to part 60: Method 19, 
Section 12.5.2.1.1.
    (88) ASTM D2234-98, Standard Methods for Collection of a Gross 
Sample of Coal, IBR approved for appendix A-7 to part 60: Method 19, 
Section 12.5.2.1.1.
    (89) ASTM D2369-81, Standard Test Method for Volatile Content of 
Coatings, IBR approved for appendix A-7 to part 60: Method 24, Section 
6.2.
    (90) ASTM D2369-87, Standard Test Method for Volatile Content of 
Coatings, IBR approved for appendix A-7 to part 60: Method 24, Section 
6.2.
    (91) ASTM D2369-90, Standard Test Method for Volatile Content of 
Coatings, IBR approved for appendix A-7 to part 60: Method 24, Section 
6.2.

[[Page 77]]

    (92) ASTM D2369-92, Standard Test Method for Volatile Content of 
Coatings, IBR approved for appendix A-7 to part 60: Method 24, Section 
6.2.
    (93) ASTM D2369-93, Standard Test Method for Volatile Content of 
Coatings, IBR approved for appendix A-7 to part 60: Method 24, Section 
6.2.
    (94) ASTM D2369-95, Standard Test Method for Volatile Content of 
Coatings, IBR approved for appendix A-7 to part 60: Method 24, Section 
6.2.
    (95) ASTM D2369-10 (Reapproved 2015)e1, Standard Test Method for 
Volatile Content of Coatings, (Approved June 1, 2015); IBR approved for 
appendix A-7 to part 60: Method 24, Section 6.2.
    (96) ASTM D2382-76, Heat of Combustion of Hydrocarbon Fuels by Bomb 
Calorimeter (High-Precision Method), IBR approved for Sec. Sec.  
60.18(f), 60.485(g), 60.485a(g), 60.564(f), 60.614(e), 60.664(e), and 
60.704(d).
    (97) ASTM D2382-88, Heat of Combustion of Hydrocarbon Fuels by Bomb 
Calorimeter (High-Precision Method), IBR approved for Sec. Sec.  
60.18(f), 60.485(g), 60.485a(g), 60.564(f), 60.614(e), 60.664(e), and 
60.704(d).
    (98) ASTM D2504-67, Noncondensable Gases in C3 and Lighter 
Hydrocarbon Products by Gas Chromatography, IBR approved for Sec. Sec.  
60.485(g) and 60.485a(g).
    (99) ASTM D2504-77, Noncondensable Gases in C3 and Lighter 
Hydrocarbon Products by Gas Chromatography, IBR approved for Sec. Sec.  
60.485(g) and 60.485a(g).
    (100) ASTM D2504-88 (Reapproved 1993), Noncondensable Gases in C3 
and Lighter Hydrocarbon Products by Gas Chromatography, IBR approved for 
Sec. Sec.  60.485(g) and 60.485a(g).
    (101) ASTM D2584-68(Reapproved 1985), Standard Test Method for 
Ignition Loss of Cured Reinforced Resins, IBR approved for Sec.  
60.685(c).
    (102) ASTM D2584-94, Standard Test Method for Ignition Loss of Cured 
Reinforced Resins, IBR approved for Sec.  60.685(c).
    (103) ASTM D2597-94 (Reapproved 1999), Standard Test Method for 
Analysis of Demethanized Hydrocarbon Liquid Mixtures Containing Nitrogen 
and Carbon Dioxide by Gas Chromatography, IBR approved for Sec.  
60.335(b).
    (104) ASTM D2622-87, Standard Test Method for Sulfur in Petroleum 
Products by Wavelength Dispersive X-Ray Fluorescence Spectrometry, IBR 
approved for Sec. Sec.  60.106(j) and 60.335(b).
    (105) ASTM D2622-94, Standard Test Method for Sulfur in Petroleum 
Products by Wavelength Dispersive X-Ray Fluorescence Spectrometry, IBR 
approved for Sec. Sec.  60.106(j) and 60.335(b).
    (106) ASTM D2622-98, Standard Test Method for Sulfur in Petroleum 
Products by Wavelength Dispersive X-Ray Fluorescence Spectrometry, IBR 
approved for Sec. Sec.  60.106(j) and 60.335(b).
    (107) ASTM D2622-05, Standard Test Method for Sulfur in Petroleum 
Products by Wavelength Dispersive X-Ray Fluorescence Spectrometry, IBR 
approved for Sec.  60.4415(a).
    (108) ASTM D2879-83Test Method for Vapor Pressure-Temperature 
Relationship and Initial Decomposition Temperature of Liquids by 
Isoteniscope, IBR approved for Sec. Sec.  60.111b(f)(3), 60.116b(e), 
60.116b(f), 60.485(e), and 60.485a(e).
    (109) ASTM D2879-96, Test Method for Vapor Pressure-Temperature 
Relationship and Initial Decomposition Temperature of Liquids by 
Isoteniscope, IBR approved for Sec. Sec.  60.111b(f)(3), 60.116b(e), 
60.116b(f), 60.485(e), and 60.485a(e).
    (110) ASTM D2879-97, Test Method for Vapor Pressure-Temperature 
Relationship and Initial Decomposition Temperature of Liquids by 
Isoteniscope, IBR approved for Sec. Sec.  60.111b(f)(3), 60.116b(e), 
60.116b(f), 60.485(e), and 60.485a(e).
    (111) ASTM D2880-78, Standard Specification for Gas Turbine Fuel 
Oils, IBR approved for Sec. Sec.  60.111(b), 60.111a(b), and 60.335(d).
    (112) ASTM D2880-96, Standard Specification for Gas Turbine Fuel 
Oils, IBR approved for Sec. Sec.  60.111(b), 60.111a(b), and 60.335(d).
    (113) ASTM D2908-74, Standard Practice for Measuring Volatile 
Organic Matter in Water by Aqueous-Injection Gas Chromatography, IBR 
approved for Sec.  60.564(j).
    (114) ASTM D2908-91, Standard Practice for Measuring Volatile 
Organic Matter in Water by Aqueous-Injection Gas Chromatography, IBR 
approved for Sec.  60.564(j).
    (115) ASTM D2986-71, Standard Method for Evaluation of Air, Assay 
Media

[[Page 78]]

by the Monodisperse DOP (Dioctyl Phthalate) Smoke Test, IBR approved for 
appendix A-3 to part 60: Method 5, Section 7.1.1; appendix A-5 to part 
60: Method 12, Section 7.1.1; and Method 13A, Section 7.1.1.2.
    (116) ASTM D2986-78, Standard Method for Evaluation of Air, Assay 
Media by the Monodisperse DOP (Dioctyl Phthalate) Smoke Test, IBR 
approved for appendix A-3 to part 60: Method 5, Section 7.1.1; appendix 
A-5 to part 60: Method 12, Section 7.1.1; and Method 13A, Section 
7.1.1.2.
    (117) ASTM D2986-95a, Standard Method for Evaluation of Air, Assay 
Media by the Monodisperse DOP (Dioctyl Phthalate) Smoke Test, IBR 
approved for appendix A-3 to part 60: Method 5, Section 7.1.1; appendix 
A-5 to part 60: Method 12, Section 7.1.1; and Method 13A, Section 
7.1.1.2.
    (118) ASTM D3173-73, Standard Test Method for Moisture in the 
Analysis Sample of Coal and Coke, IBR approved for appendix A-7 to part 
60: Method 19, Section 12.5.2.1.3.
    (119) ASTM D3173-87, Standard Test Method for Moisture in the 
Analysis Sample of Coal and Coke, IBR approved for appendix A-7 to part 
60: Method 19, Section 12.5.2.1.3.
    (120) ASTM D3176-74, Standard Method for Ultimate Analysis of Coal 
and Coke, IBR approved for Sec.  60.45(f)(5)(i) and appendix A-7 to part 
60: Method 19, Section 12.3.2.3.
    (121) ASTM D3176-89, Standard Method for Ultimate Analysis of Coal 
and Coke, IBR approved for Sec.  60.45(f)(5)(i) and appendix A-7 to part 
60: Method 19, Section 12.3.2.3.
    (122) ASTM D3177-75, Standard Test Method for Total Sulfur in the 
Analysis Sample of Coal and Coke, IBR approved for appendix A-7 to part 
60: Method 19, Section 12.5.2.1.3.
    (123) ASTM D3177-89, Standard Test Method for Total Sulfur in the 
Analysis Sample of Coal and Coke, IBR approved for appendix A-7 to part 
60: Method 19, Section 12.5.2.1.3.
    (124) ASTM D3178-73 (Reapproved 1979), Standard Test Methods for 
Carbon and Hydrogen in the Analysis Sample of Coal and Coke, IBR 
approved for Sec.  60.45(f).
    (125) ASTM D3178-89, Standard Test Methods for Carbon and Hydrogen 
in the Analysis Sample of Coal and Coke, IBR approved for Sec.  
60.45(f).
    (126) ASTM D3246-81, Standard Test Method for Sulfur in Petroleum 
Gas by Oxidative Microcoulometry, IBR approved for Sec.  60.335(b).
    (127) ASTM D3246-92, Standard Test Method for Sulfur in Petroleum 
Gas by Oxidative Microcoulometry, IBR approved for Sec.  60.335(b).
    (128) ASTM D3246-96, Standard Test Method for Sulfur in Petroleum 
Gas by Oxidative Microcoulometry, IBR approved for Sec.  60.335(b).
    (129) ASTM D3246-05, Standard Test Method for Sulfur in Petrolum Gas 
by Oxidative Microcoulometry, IBR approved for Sec.  60.4415(a)(1).
    (130) ASTM D3270-73T, Standard Test Methods for Analysis for 
Fluoride Content of the Atmosphere and Plant Tissues (Semiautomated 
Method), IBR approved for appendix A-5 to part 60: Method 13A, Section 
16.1.
    (131) ASTM D3270-80, Standard Test Methods for Analysis for Fluoride 
Content of the Atmosphere and Plant Tissues (Semiautomated Method), IBR 
approved for appendix A-5 to part 60: Method 13A, Section 16.1.
    (132) ASTM D3270-91, Standard Test Methods for Analysis for Fluoride 
Content of the Atmosphere and Plant Tissues (Semiautomated Method), IBR 
approved for appendix A-5 to part 60: Method 13A, Section 16.1.
    (133) ASTM D3270-95, Standard Test Methods for Analysis for Fluoride 
Content of the Atmosphere and Plant Tissues (Semiautomated Method), IBR 
approved for appendix A-5 to part 60: Method 13A, Section 16.1.
    (134) ASTM D3286-85, Standard Test Method for Gross Calorific Value 
of Coal and Coke by the Isoperibol Bomb Calorimeter, IBR approved for 
appendix A-7 to part 60: Method 19, Section 12.5.2.1.3.
    (135) ASTM D3286-96, Standard Test Method for Gross Calorific Value 
of Coal and Coke by the Isoperibol Bomb Calorimeter, IBR approved for 
appendix A-7 to part 60: Method 19, Section 12.5.2.1.3.
    (136) ASTM D3370-76, Standard Practices for Sampling Water, IBR 
approved for Sec.  60.564(j).

[[Page 79]]

    (137) ASTM D3370-95a, Standard Practices for Sampling Water, IBR 
approved for Sec.  60.564(j).
    (138) ASTM D3588-98 (Reapproved 2003), Standard Practice for 
Calculating Heat Value, Compressibility Factor, and Relative Density of 
Gaseous Fuels, (Approved May 10, 2003), IBR approved for Sec. Sec.  
60.107a(d), 60.5413(d), and 60.5413a(d).
    (139) ASTM D3699-08, Standard Specification for Kerosine, including 
Appendix X1, (Approved September 1, 2008), IBR approved for Sec. Sec.  
60.41b, 60.41c, and 60.5580.
    (140) ASTM D3792-79, Standard Test Method for Water Content of 
Water-Reducible Paints by Direct Injection into a Gas Chromatograph, IBR 
approved for appendix A-7 to part 60: Method 24, Section 6.3.
    (141) ASTM D3792-91, Standard Test Method for Water Content of 
Water-Reducible Paints by Direct Injection into a Gas Chromatograph, IBR 
approved for appendix A-7 to part 60: Method 24, Section 6.3.
    (142) ASTM D4017-81, Standard Test Method for Water in Paints and 
Paint Materials by the Karl Fischer Titration Method, IBR approved for 
appendix A-7 to part 60: Method 24, Section 6.4.
    (143) ASTM D4017-90, Standard Test Method for Water in Paints and 
Paint Materials by the Karl Fischer Titration Method, IBR approved for 
appendix A-7 to part 60: Method 24, Section 6.4.
    (144) ASTM D4017-96a, Standard Test Method for Water in Paints and 
Paint Materials by the Karl Fischer Titration Method, IBR approved for 
appendix A-7 to part 60: Method 24, Section 6.4.
    (145) ASTM D4057-81, Standard Practice for Manual Sampling of 
Petroleum and Petroleum Products, IBR approved for appendix A-7 to part 
60: Method 19, Section 12.5.2.2.3.
    (146) ASTM D4057-95, Standard Practice for Manual Sampling of 
Petroleum and Petroleum Products, IBR approved for appendix A-7 to part 
60: Method 19, Section 12.5.2.2.3.
    (147) ASTM D4057-95 (Reapproved 2000), Standard Practice for Manual 
Sampling of Petroleum and Petroleum Products, IBR approved for Sec.  
60.4415(a).
    (148) ASTM D4084-82, Standard Test Method for Analysis of Hydrogen 
Sulfide in Gaseous Fuels (Lead Acetate Reaction Rate Method), IBR 
approved for Sec.  60.334(h).
    (149) ASTM D4084-94, Standard Test Method for Analysis of Hydrogen 
Sulfide in Gaseous Fuels (Lead Acetate Reaction Rate Method), IBR 
approved for Sec.  60.334(h).
    (150) ASTM D4084-05, Standard Test Method for Analysis of Hydrogen 
Sulfide in Gaseous Fuels (Lead Acetate Reaction Rate Method), IBR 
approved for Sec. Sec.  60.4360 and 60.4415(a).
    (151) ASTM D4177-95, Standard Practice for Automatic Sampling of 
Petroleum and Petroleum Products, IBR approved for appendix A-7 to part 
60: Method 19, Section 12.5.2.2.1.
    (152) ASTM D4177-95 (Reapproved 2000), Standard Practice for 
Automatic Sampling of Petroleum and Petroleum Products, IBR approved for 
Sec.  60.4415(a).
    (153) ASTM D4239-85, Standard Test Methods for Sulfur in the 
Analysis Sample of Coal and Coke Using High Temperature Tube Furnace 
Combustion Methods, IBR approved for appendix A-7 to part 60: Method 19, 
Section 12.5.2.1.3.
    (154) ASTM D4239-94, Standard Test Methods for Sulfur in the 
Analysis Sample of Coal and Coke Using High Temperature Tube Furnace 
Combustion Methods, IBR approved for appendix A-7 to part 60: Method 19, 
Section 12.5.2.1.3.
    (155) ASTM D4239-97, Standard Test Methods for Sulfur in the 
Analysis Sample of Coal and Coke Using High Temperature Tube Furnace 
Combustion Methods, IBR approved for appendix A-7 to part 60: Method 19, 
Section 12.5.2.1.3.
    (156) ASTM D4294-02, Standard Test Method for Sulfur in Petroleum 
and Petroleum Products by Energy-Dispersive X-Ray Fluorescence 
Spectrometry, IBR approved for Sec.  60.335(b).
    (157) ASTM D4294-03, Standard Test Method for Sulfur in Petroleum 
and Petroleum Products by Energy-Dispersive X-Ray Fluorescence 
Spectrometry, IBR approved for Sec.  60.4415(a).
    (158) ASTM D4442-84, Standard Test Methods for Direct Moisture 
Content Measurement in Wood and Wood-base Materials, IBR approved for 
appendix

[[Page 80]]

A-8 to part 60: Method 28, Section 16.1.1.
    (159) ASTM D4442-92, Standard Test Methods for Direct Moisture 
Content Measurement in Wood and Wood-base Materials, IBR approved for 
appendix A-8 to part 60: Method 28, Section 16.1.1.
    (160) ASTM D4444-92, Standard Test Methods for Use and Calibration 
of Hand-Held Moisture Meters, IBR approved for appendix A-8 to part 60: 
Method 28, Section 16.1.1.
    (161) ASTM D4457-85 (Reapproved 1991), Test Method for Determination 
of Dichloromethane and 1,1,1-Trichloroethane in Paints and Coatings by 
Direct Injection into a Gas Chromatograph, IBR approved for appendix A-7 
to part 60: Method 24, Section 6.5.
    (162) ASTM D4468-85 (Reapproved 2000), Standard Test Method for 
Total Sulfur in Gaseous Fuels by Hydrogenolysis and Rateometric 
Colorimetry, IBR approved for Sec. Sec.  60.335(b) and 60.4415(a).
    (163) ASTM D4468-85 (Reapproved 2006), Standard Test Method for 
Total Sulfur in Gaseous Fuels by Hydrogenolysis and Rateometric 
Colorimetry, (Approved June 1, 2006), IBR approved for Sec.  60.107a(e).
    (164) ASTM D4629-02, Standard Test Method for Trace Nitrogen in 
Liquid Petroleum Hydrocarbons by Syringe/Inlet Oxidative Combustion and 
Chemiluminescence Detection, IBR approved for Sec. Sec.  60.49b(e) and 
60.335(b).
    (165) ASTM D4809-95, Standard Test Method for Heat of Combustion of 
Liquid Hydrocarbon Fuels by Bomb Calorimeter (Precision Method), IBR 
approved for Sec. Sec.  60.18(f), 60.485(g), 60.485a(g), 60.564(f), 
60.614(d), 60.664(e), and 60.704(d).
    (166) ASTM D4809-06, Standard Test Method for Heat of Combustion of 
Liquid Hydrocarbon Fuels by Bomb Calorimeter (Precision Method), 
(Approved December 1, 2006), IBR approved for Sec.  60.107a(d).
    (167) ASTM D4810-88 (Reapproved 1999), Standard Test Method for 
Hydrogen Sulfide in Natural Gas Using Length of Stain Detector Tubes, 
IBR approved for Sec. Sec.  60.4360 and 60.4415(a).
    (168) ASTM D4891-89 (Reapproved 2006) Standard Test Method for 
Heating Value of Gases in Natural Gas Range by Stoichiometric 
Combustion, (Approved June 1, 2006), IBR approved for Sec. Sec.  
60.107a(d), 60.5413(d), and 60.5413a(d).
    (169) ASTM D5287-97 (Reapproved 2002), Standard Practice for 
Automatic Sampling of Gaseous Fuels, IBR approved for Sec.  60.4415(a).
    (170) ASTM D5403-93, Standard Test Methods for Volatile Content of 
Radiation Curable Materials, IBR approved for appendix A-7 to part 60: 
Method 24, Section 6.6.
    (171) ASTM D5453-00, Standard Test Method for Determination of Total 
Sulfur in Light Hydrocarbons, Motor Fuels and Oils by Ultraviolet 
Fluorescence, IBR approved for Sec.  60.335(b).
    (172) ASTM D5453-05, Standard Test Method for Determination of Total 
Sulfur in Light Hydrocarbons, Motor Fuels and Oils by Ultraviolet 
Fluorescence, IBR approved for Sec.  60.4415(a).
    (173) ASTM D5504-01, Standard Test Method for Determination of 
Sulfur Compounds in Natural Gas and Gaseous Fuels by Gas Chromatography 
and Chemiluminescence, IBR approved for Sec. Sec.  60.334(h) and 
60.4360.
    (174) ASTM D5504-08, Standard Test Method for Determination of 
Sulfur Compounds in Natural Gas and Gaseous Fuels by Gas Chromatography 
and Chemiluminescence, (Approved June 15, 2008), IBR approved for 
Sec. Sec.  60.107a(e) and 60.5413(d).
    (175) ASTM D5623-19, Standard Test Method for Sulfur Compounds in 
Light Petroleum Liquids by Gas Chromatography and Sulfur Selective 
Detection, (Approved July 1, 2019); IBR approved for Sec.  60.4415(a).
    (176) ASTM D5762-02, Standard Test Method for Nitrogen in Petroleum 
and Petroleum Products by Boat-Inlet Chemiluminescence, IBR approved for 
Sec.  60.335(b).
    (177) ASTM D5865-98, Standard Test Method for Gross Calorific Value 
of Coal and Coke, IBR approved for Sec. Sec.  60.45(f) and 60.46(c), and 
appendix A-7 to part 60: Method 19, Section 12.5.2.1.3.
    (178) ASTM D5865-10, Standard Test Method for Gross Calorific Value 
of Coal and Coke, (Approved January 1, 2010), IBR approved for 
Sec. Sec.  60.45(f), 60.46(c), and appendix A-7 to part 60: Method 19, 
section 12.5.2.1.3.

[[Page 81]]

    (179) ASTM D6216-12, Standard Practice for Opacity Monitor 
Manufacturers to Certify Conformance with Design and Performance 
Specifications, approved October 1, 2012; IBR approved for appendix B to 
part 60.
    (180) ASTM D6228-98, Standard Test Method for Determination of 
Sulfur Compounds in Natural Gas and Gaseous Fuels by Gas Chromatography 
and Flame Photometric Detection, IBR approved for Sec.  60.334(h).
    (181) ASTM D6228-98 (Reapproved 2003), Standard Test Method for 
Determination of Sulfur Compounds in Natural Gas and Gaseous Fuels by 
Gas Chromatography and Flame Photometric Detection, IBR approved for 
Sec. Sec.  60.4360 and 60.4415.
    (182) ASTM D6348-03, Standard Test Method for Determination of 
Gaseous Compounds by Extractive Direct Interface Fourier Transform 
Infrared (FTIR) Spectroscopy, (Approved October 1, 2003), IBR approved 
for Sec.  60.73a(b), table 7 to subpart IIII, table 2 to subpart JJJJ, 
and Sec.  60.4245(d).
    (183) ASTM D6366-99, Standard Test Method for Total Trace Nitrogen 
and Its Derivatives in Liquid Aromatic Hydrocarbons by Oxidative 
Combustion and Electrochemical Detection, IBR approved for Sec.  
60.335(b)(9).
    (184) ASTM D6420-99 (Reapproved 2004), Standard Test Method for 
Determination of Gaseous Organic Compounds by Direct Interface Gas 
Chromatography-Mass Spectrometry, (Approved October 1, 2004), IBR 
approved for Sec.  60.107a(d) and table 2 to subpart JJJJ.
    (185) ASTM D6522-00, Standard Test Method for Determination of 
Nitrogen Oxides, Carbon Monoxide, and Oxygen Concentrations in Emissions 
from Natural Gas-Fired Reciprocating Engines, Combustion Turbines, 
Boilers, and Process Heaters Using Portable Analyzers, IBR approved for 
Sec.  60.335(a).
    (186) ASTM D6522-00 (Reapproved 2005), Standard Test Method for 
Determination of Nitrogen Oxides, Carbon Monoxide, and Oxygen 
Concentrations in Emissions from Natural Gas-Fired Reciprocating 
Engines, Combustion Turbines, Boilers, and Process Heaters Using 
Portable Analyzers, (Approved October 1, 2005), IBR approved for table 2 
to subpart JJJJ, Sec. Sec.  60.5413(b) and (d), and 60.5413a(b).
    (187) ASTM D6522-11 Standard Test Method for Determination of 
Nitrogen Oxides, Carbon Monoxide, and Oxygen Concentrations in Emissions 
from Natural Gas-Fired Reciprocating Engines, Combustion Turbines, 
Boilers, and Process Heaters Using Portable Analyzers (Approved December 
1, 2011), IBR approved for Sec.  60.37f(a), 60.766(a).
    (188) ASTM D6667-01, Standard Test Method for Determination of Total 
Volatile Sulfur in Gaseous Hydrocarbons and Liquefied Petroleum Gases by 
Ultraviolet Fluorescence, IBR approved for Sec.  60.335(b).
    (189) ASTM D6667-04, Standard Test Method for Determination of Total 
Volatile Sulfur in Gaseous Hydrocarbons and Liquefied Petroleum Gases by 
Ultraviolet Fluorescence, IBR approved for Sec.  60.4415(a).
    (190) ASTM D6751-11b, Standard Specification for Biodiesel Fuel 
Blend Stock (B100) for Middle Distillate Fuels, including Appendices X1 
through X3, (Approved July 15, 2011), IBR approved for Sec. Sec.  
60.41b, 60.41c, and 60.5580.
    (191) ASTM D6784-02, Standard Test Method for Elemental, Oxidized, 
Particle-Bound and Total Mercury in Flue Gas Generated from Coal-Fired 
Stationary Sources (Ontario Hydro Method), IBR approved for Sec.  
60.56c(b) and appendix B to part 60: Performance Specification 12A, 
Section 8.6.2.
    (192) ASTM D6784-02 (Reapproved 2008) Standard Test Method for 
Elemental, Oxidized, Particle-Bound and Total Mercury in Flue Gas 
Generated from Coal-Fired Stationary Sources (Ontario Hydro Method), 
(Approved April 1, 2008), IBR approved for Sec. Sec.  60.2165(j) and 
60.2730(j), tables 5, 6 and 8 to subpart CCCC, and tables 2, 6, 7, and 9 
to subpart DDDD, Sec. Sec.  60.4900(b), 60.5220(b), tables 1 and 2 to 
subpart LLLL, and tables 2 and 3 to subpart MMMM.
    (193) ASTM D6911-15, Standard Guide for Packaging and Shipping 
Environmental Samples for Laboratory Analysis, approved January 15, 
2015, IBR approved for appendix A-8: Method 30B.
    (194) ASTM D7039-15a, Standard Test Method for Sulfur in Gasoline, 
Diesel Fuel, Jet Fuel, Kerosine, Boideisel,

[[Page 82]]

Biodiesel Blends, and Gasoline-Ethanol Blends by Monochromatic 
Wavelength Dispersive X-ray Fluorescence Spectrometry, (Approved July 1, 
2015); IBR approved for Sec.  60.4415(a).
    (195) ASTM D7467-10, Standard Specification for Diesel Fuel Oil, 
Biodiesel Blend (B6 to B20), including Appendices X1 through X3, 
(Approved August 1, 2010), IBR approved for Sec. Sec.  60.41b, 60.41c, 
and 60.5580.
    (196) ASTM E168-67, General Techniques of Infrared Quantitative 
Analysis, IBR approved for Sec. Sec.  60.485a(d), 60.593(b), 60.593a(b), 
and 60.632(f).
    (197) ASTM E168-77, General Techniques of Infrared Quantitative 
Analysis, IBR approved for Sec. Sec.  60.485a(d), 60.593(b), 60.593a(b), 
and 60.632(f).
    (198) ASTM E168-92, General Techniques of Infrared Quantitative 
Analysis, IBR approved for Sec. Sec.  60.485a(d), 60.593(b), 60.593a(b), 
60.632(f), 60.5400, 60.5400a(f).
    (199) ASTM E169-63, General Techniques of Ultraviolet Quantitative 
Analysis, IBR approved for Sec. Sec.  60.485a(d), 60.593(b), 60.593a(b), 
and 60.632(f) .
    (200) ASTM E169-77, General Techniques of Ultraviolet Quantitative 
Analysis, IBR approved for Sec. Sec.  60.485a(d), 60.593(b), and 
60.593a(b), 60.632(f).
    (201) ASTM E169-93, General Techniques of Ultraviolet Quantitative 
Analysis, (Approved May 15, 1993), IBR approved for Sec. Sec.  
60.485a(d), 60.593(b), 60.593a(b), 60.632(f), 60.5400(f), and 
60.5400a(f).
    (202) ASTM E260-73, General Gas Chromatography Procedures, IBR 
approved for Sec. Sec.  60.485a(d), 60.593(b), 60.593a(b), and 
60.632(f).
    (203) ASTM E260-91, General Gas Chromatography Procedures, (IBR 
approved for Sec. Sec.  60.485a(d), 60.593(b), 60.593a(b), and 
60.632(f).
    (204) ASTM E260-96, General Gas Chromatography Procedures, (Approved 
April 10, 1996), IBR approved for Sec. Sec.  60.485a(d), 60.593(b), 
60.593a(b), 60.632(f), 60.5400(f), 60.5400a(f) 60.5406(b), and 
60.5406a(b)(3).
    (205) ASTM E617-13, Standard Specification for Laboratory Weights 
and Precision Mass Standards, approved May 1, 2013, IBR approved for 
appendix A-3: Methods 4, 5, 5H, 5I, and appendix A-8: Method 29.
    (206) ASTM E871-82 (Reapproved 2013), Standard Test Method for 
Moisture Analysis of Particulate Wood Fuels, (Approved August 15, 2013), 
IBR approved for appendix A-8: method 28R.
    (207) ASTM E1584-11, Standard Test Method for Assay of Nitric Acid, 
(Approved August 1, 2011), IBR approved for Sec.  60.73a(c).
    (208) ASTM E2515-11, Standard Test Method for Determination of 
Particulate Matter Emissions Collected by a Dilution Tunnel, (Approved 
November 1, 2011), IBR approved for Sec.  60.534 and Sec.  60.5476.
    (209) ASTM E2618-13 Standard Test Method for Measurement of 
Particulate Matter Emissions and Heating Efficiency of Outdoor Solid 
Fuel-Fired Hydronic Heating Appliances, (Approved September 1, 2013), 
IBR approved for Sec.  60.5476.
    (210) ASTM E2779-10, Standard Test Method for Determining 
Particulate Matter Emissions from Pellet Heaters, (Approved October 1, 
2010), IBR approved for Sec.  60.534.
    (211) ASTM E2780-10, Standard Test Method for Determining 
Particulate Matter Emissions from Wood Heaters, (Approved October 1, 
2010), IBR approved for appendix A: method 28R.
    (212) ASTM UOP539-97, Refinery Gas Analysis by Gas Chromatography, 
(Copyright 1997), IBR approved for Sec.  60.107a(d).
    (i) Association of Official Analytical Chemists, 1111 North 19th 
Street, Suite 210, Arlington, VA 22209.
    (1) AOAC Method 9, Official Methods of Analysis of the Association 
of Official Analytical Chemists (AOAC), 11th edition, 1970, pp. 11-12, 
IBR approved for Sec. Sec.  60.204(b), 60.214(b), 60.224(b), and 
60.234(b).
    (2) [Reserved]
    (j) U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue 
NW., Washington, DC 20460, (202) 272-0167, http://www.epa.gov.
    (1) EPA-454/R-98-015, Office of Air Quality Planning and Standards 
(OAQPS) Fabric Filter Bag Leak Detection Guidance, September 1997, IBR 
approved for Sec. Sec.  60.2145(r), 60.2710(r), 60.4905(b), and 
60.5225(b).
    (2) EPA-600/R-12/531, EPA Traceability Protocol for Assay and 
Certification of Gaseous Calibration

[[Page 83]]

Standards, May 2012, IBR approved for Sec. Sec.  60.5413(d) and 
60.5413a(d).
    (3) SW-846-6010D, Inductively Coupled Plasma-Optical Emission 
Spectrometry, Revision 5, July 2018, in EPA Publication No. SW-846, Test 
Methods for Evaluating Solid Waste, Physical/Chemical Methods, Third 
Edition, IBR approved for appendix A-5 to part 60: Method 12.
    (4) SW-846-6020B, Inductively Coupled Plasma-Mass Spectrometry, 
Revision 2, July 2014, in EPA Publication No. SW-846, Test Methods for 
Evaluating Solid Waste, Physical/Chemical Methods, Third Edition, IBR 
approved for appendix A-5 to part 60: Method 12.
    (k) GPA Midstream Association (formerly known as Gas Processors 
Association), Sixty Sixty American Plaza, Suite 700, Tulsa, OK 74135.
    Note 1 to paragraph (k): Material in this paragraph that is no 
longer available from GPA may be available through the reseller HIS 
Markit, 15 Inverness Way East, P.O. Box 1154, Englewood, CO 80150-1154, 
https://global.ihs.com/. For material that is out-of-print, contact 
EPA's Air and Radiation Docket and Information Center, Room 3334, 1301 
Constitution Ave. NW, Washington, DC 20460 or [email protected].
    (1) GPA Midstream Standard 2140-17 (GPA 2140-17), Liquefied 
Petroleum Gas Specifications and Test Methods, (Revised 2017), IBR 
approved for Sec.  60.4415(a).
    (2) GPA Midstream Standard 2166-17 (GPA 2166-17), Obtaining Natural 
Gas Samples for Analysis by Gas Chromatography, (Reaffirmed 2017), IBR 
approved for Sec.  60.4415(a).
    (3) Gas Processors Association Standard 2172-09, Calculation of 
Gross Heating Value, Relative Density, Compressibility and Theoretical 
Hydrocarbon Liquid Content for Natural Gas Mixtures for Custody Transfer 
(2009), IBR approved for Sec.  60.107a(d).
    (4) GPA Standard 2174-14 (GPA 2174-14), Obtaining Liquid Hydrocarbon 
Samples for Analysis by Gas Chromatography, (Revised 2014), IBR approved 
for Sec.  60.4415(a).
    (5) GPA Standard 2261-19 (GPA 2261-19), Analysis for Natural Gas and 
Similar Gaseous Mixtures by Gas Chromatography, (Revised 2019), IBR 
approved for Sec.  60.4415(a).
    (6) Gas Processors Association Standard 2377-86, Test for Hydrogen 
Sulfide and Carbon Dioxide in Natural Gas Using Length of Stain Tubes, 
1986 Revision, IBR approved for Sec. Sec.  60.105(b), 60.107a(b), 
60.334(h), 60.4360, and 60.4415(a).
    (l) International Organization for Standardization (ISO) available 
through IHS Inc., 15 Inverness Way East, Englewood, CO 80112.
    (1) ISO 8178-4: 1996(E), Reciprocating Internal Combustion Engines--
Exhaust Emission Measurement--part 4: Test Cycles for Different Engine 
Applications, IBR approved for Sec.  60.4241(b).
    (2) ISO 10715:1997(E), Natural gas--Sampling guidelines, (First 
Edition, June 1, 1997), IBR approved for Sec.  60.4415(a)
    (m) International Organization for Standardization (ISO), 1, ch. de 
la Voie-Creuse, Case postale 56, CH-1211 Geneva 20, Switzerland, + 41 22 
749 01 11, http://www.iso.org/iso /home.htm.
    (1) ISO 2314:2009(E), Gas turbines-Acceptance tests, Third edition 
(December 15, 2009), IBR approved for Sec.  60.5580.
    (2) ISO 8316: Measurement of Liquid Flow in Closed Conduits--Method 
by Collection of the Liquid in a Volumetric Tank (1987-10-01)--First 
Edition, IBR approved for Sec.  60.107a(d).
    (n) This material is available for purchase from the National 
Technical Information Services (NTIS), 5285 Port Royal Road, 
Springfield, Virginia 22161. You may inspect a copy at the EPA's Air and 
Radiation Docket and Information Center (Docket A-91-61, Item IV-J-125), 
Room M-1500, 1200 Pennsylvania Ave. NW., Washington, DC 20460.
    (1) OMB Bulletin No. 93-17: Revised Statistical Definitions for 
Metropolitan Areas. Office of Management and Budget, June 30, 1993. NTIS 
No. PB 93-192-664. IBR approved for Sec.  60.31e.
    (2) [Reserved]
    (o) North American Electric Reliability Corporation, 1325 G Street 
NW., Suite 600, Washington, DC 20005-3801, http://www.nerc.com.
    (1) North American Electric Reliability Corporation Reliability 
Standard EOP-002-3, Capacity and Energy Emergencies, updated November 
19, 2012, IBR approved for Sec. Sec.  60.4211(f) and 60.4243(d). Also 
available online: http://www.nerc.com/files /EOP-002-3__1.pdf.
    (2) [Reserved]

[[Page 84]]

    (p) The following material is available for purchase from the 
Technical Association of the Pulp and Paper Industry (TAPPI), 15 
Technology Parkway South, Suite 115, Peachtree Corners, GA 30092, 
Telephone (800) 332-8686, and is also available at the following Web 
site: http://www.tappi.org.
    (1) TAPPI Method T 624 cm-11, (Copyright 2011), IBR approved, for 
Sec. Sec.  60.285(d) and 60.285a(d).
    (2) [Reserved]
    (q) Underwriter's Laboratories, Inc. (UL), 333 Pfingsten Road, 
Northbrook, IL 60062.
    (1) UL 103, Sixth Edition revised as of September 3, 1986, Standard 
for Chimneys, Factory-built, Residential Type and Building Heating 
Appliance, IBR approved for appendix A-8 to part 60.
    (2) [Reserved]
    (r) Water Pollution Control Federation (WPCF), 2626 Pennsylvania 
Avenue NW., Washington, DC 20037.
    (1) Method 209A, Total Residue Dried at 103-105 [deg]C, in Standard 
Methods for the Examination of Water and Wastewater, 15th Edition, 1980, 
IBR approved for Sec.  60.683(b).
    (2) [Reserved]
    (s) West Coast Lumber Inspection Bureau, 6980 SW. Barnes Road, 
Portland, OR 97223.
    (1) West Coast Lumber Standard Grading Rules No. 16, pages 5-21, 90 
and 91, September 3, 1970, revised 1984, IBR approved for appendix A-8 
to part 60.
    (2) [Reserved]
    (t) This material is available for purchase from the Canadian 
Standards Association (CSA), 5060 Spectrum Way, Suite 100, Mississauga, 
Ontario, Canada L4W 5N6, Telephone: 800-463-6727.
    (1) CSA B415.1-10, Performance Testing of Solid-fuel-burning Heating 
Appliances, (March 2010), IBR approved for Sec.  60.534 and Sec.  
60.5476. (The standard is also available at http://shop.csa.ca/en /
canada/fuel-burning-equipment /b4151-10/invt/27013322010)
    (2) [Reserved]
    (u) This European National (EN) standards material is available for 
purchase at European Committee for Standardization, Management Centre, 
Avenue Marnix 17, B-1000 Brussels, Belgium, Telephone: + 32 2 550 08 11.
    (1) DIN EN 303-5:2012E (EN 303-5), Heating boilers--Part 5: Heating 
boilers for solid fuels, manually and automatically stoked, nominal heat 
output of up to 500 kW--Terminology, requirements, testing and marking, 
(October 2012), IBR approved for Sec.  60.5476. (The standard is also 
available at http://www.en-standard.eu/csn-en-303 -5-heating-boilers-
part-5- heating-boilers-for-solid- fuels-manually-and-automatically- 
stoked-nominal-heat-output- of-up-to-500-kw-terminology- requirements-
testing-and- marking/?gclid=CJXI2P__ 97MMCFdccgQodan8ATA)
    (2) [Reserved]

[79 FR 11242, Feb. 27, 2014, as amended at 79 FR 18965, Apr. 4, 2014; 80 
FR 13701, Mar. 16, 2015; 80 FR 64648, Oct. 23, 2015; 81 FR 35895, June 
3, 2016; 81 FR 59313, 59368, Aug. 29, 2016; 81 FR 59809, Aug. 30, 2016; 
82 FR 28562, June 23, 2017; 83 FR 56720, Nov. 14, 2018; 83 FR 60713, 
Nov. 26, 2018; 84 FR 15852, Apr. 16, 2019; 85 FR 63402, Oct. 7, 2020]



Sec.  60.18  General control device and work practice requirements.

    (a) Introduction. (1) This section contains requirements for control 
devices used to comply with applicable subparts of 40 CFR parts 60 and 
61. The requirements are placed here for administrative convenience and 
apply only to facilities covered by subparts referring to this section.
    (2) This section also contains requirements for an alternative work 
practice used to identify leaking equipment. This alternative work 
practice is placed here for administrative convenience and is available 
to all subparts in 40 CFR parts 60, 61, 63, and 65 that require 
monitoring of equipment with a 40 CFR part 60, appendix A-7, Method 21 
monitor.
    (b) Flares. Paragraphs (c) through (f) apply to flares.
    (c)(1) Flares shall be designed for and operated with no visible 
emissions as determined by the methods specified in paragraph (f), 
except for periods not to exceed a total of 5 minutes during any 2 
consecutive hours.
    (2) Flares shall be operated with a flame present at all times, as 
determined by the methods specified in paragraph (f).
    (3) An owner/operator has the choice of adhering to either the heat 
content specifications in paragraph (c)(3)(ii) of this section and the 
maximum tip velocity specifications in paragraph (c)(4)

[[Page 85]]

of this section, or adhering to the requirements in paragraph (c)(3)(i) 
of this section.
    (i)(A) Flares shall be used that have a diameter of 3 inches or 
greater, are nonassisted, have a hydrogen content of 8.0 percent (by 
volume), or greater, and are designed for and operated with an exit 
velocity less than 37.2 m/sec (122 ft/sec) and less than the velocity, 
Vmax, as determined by the following equation:

Vmax = (XH2-K1)* K2

Where:

Vmax = Maximum permitted velocity, m/sec.
K1 = Constant, 6.0 volume-percent hydrogen.
K2 = Constant, 3.9(m/sec)/volume-percent hydrogen.
XH2 = The volume-percent of hydrogen, on a wet basis, as 
          calculated by using the American Society for Testing and 
          Materials (ASTM) Method D1946-77. (Incorporated by reference 
          as specified in Sec.  60.17).

    (B) The actual exit velocity of a flare shall be determined by the 
method specified in paragraph (f)(4) of this section.
    (ii) Flares shall be used only with the net heating value of the gas 
being combusted being 11.2 MJ/scm (300 Btu/scf) or greater if the flare 
is steam-assisted or air-assisted; or with the net heating value of the 
gas being combusted being 7.45 MJ/scm (200 Btu/scf) or greater if the 
flare is nonassisted. The net heating value of the gas being combusted 
shall be determined by the methods specified in paragraph (f)(3) of this 
section.
    (4)(i) Steam-assisted and nonassisted flares shall be designed for 
and operated with an exit velocity, as determined by the methods 
specified in paragraph (f)(4) of this section, less than 18.3 m/sec (60 
ft/sec), except as provided in paragraphs (c)(4) (ii) and (iii) of this 
section.
    (ii) Steam-assisted and nonassisted flares designed for and operated 
with an exit velocity, as determined by the methods specified in 
paragraph (f)(4), equal to or greater than 18.3 m/sec (60 ft/sec) but 
less than 122 m/sec (400 ft/sec) are allowed if the net heating value of 
the gas being combusted is greater than 37.3 MJ/scm (1,000 Btu/scf).
    (iii) Steam-assisted and nonassisted flares designed for and 
operated with an exit velocity, as determined by the methods specified 
in paragraph (f)(4), less than the velocity, Vmax, as 
determined by the method specified in paragraph (f)(5), and less than 
122 m/sec (400 ft/sec) are allowed.
    (5) Air-assisted flares shall be designed and operated with an exit 
velocity less than the velocity, Vmax, as determined by the 
method specified in paragraph (f)(6).
    (6) Flares used to comply with this section shall be steam-assisted, 
air-assisted, or nonassisted.
    (d) Owners or operators of flares used to comply with the provisions 
of this subpart shall monitor these control devices to ensure that they 
are operated and maintained in conformance with their designs. 
Applicable subparts will provide provisions stating how owners or 
operators of flares shall monitor these control devices.
    (e) Flares used to comply with provisions of this subpart shall be 
operated at all times when emissions may be vented to them.
    (f)(1) Method 22 of appendix A to this part shall be used to 
determine the compliance of flares with the visible emission provisions 
of this subpart. The observation period is 2 hours and shall be used 
according to Method 22.
    (2) The presence of a flare pilot flame shall be monitored using a 
thermocouple or any other equivalent device to detect the presence of a 
flame.
    (3) The net heating value of the gas being combusted in a flare 
shall be calculated using the following equation:
[GRAPHIC] [TIFF OMITTED] TC01JN92.008

where:

HT = Net heating value of the sample, MJ/scm; where the net 
          enthalpy per mole of offgas is based on combustion at 25 
          [deg]C and 760 mm Hg, but the standard temperature for 
          determining the volume corresponding to one mole is 20 [deg]C;

[[Page 86]]

[GRAPHIC] [TIFF OMITTED] TC01JN92.009

Ci = Concentration of sample component i in ppm on a wet 
          basis, as measured for organics by Reference Method 18 and 
          measured for hydrogen and carbon monoxide by ASTM D1946-77 or 
          90 (Reapproved 1994) (Incorporated by reference as specified 
          in Sec.  60.17); and
Hi = Net heat of combustion of sample component i, kcal/g 
          mole at 25 [deg]C and 760 mm Hg. The heats of combustion may 
          be determined using ASTM D2382-76 or 88 or D4809-95 
          (incorporated by reference as specified in Sec.  60.17) if 
          published values are not available or cannot be calculated.

    (4) The actual exit velocity of a flare shall be determined by 
dividing the volumetric flowrate (in units of standard temperature and 
pressure), as determined by Reference Methods 2, 2A, 2C, or 2D as 
appropriate; by the unobstructed (free) cross sectional area of the 
flare tip.
    (5) The maximum permitted velocity, Vmax, for flares 
complying with paragraph (c)(4)(iii) shall be determined by the 
following equation.
Log10 (Vmax) = (HT + 28.8)/31.7

Vmax = Maximum permitted velocity, M/sec
28.8 = Constant
31.7 = Constant
HT = The net heating value as determined in paragraph (f)(3).

    (6) The maximum permitted velocity, Vmax, for air-
assisted flares shall be determined by the following equation.
Vmax = 8.706 + 0.7084 (HT)

Vmax = Maximum permitted velocity, m/sec
8.706 = Constant
0.7084 = Constant
HT = The net heating value as determined in paragraph (f)(3).
    (g) Alternative work practice for monitoring equipment for leaks. 
Paragraphs (g), (h), and (i) of this section apply to all equipment for 
which the applicable subpart requires monitoring with a 40 CFR part 60, 
appendix A-7, Method 21 monitor, except for closed vent systems, 
equipment designated as leakless, and equipment identified in the 
applicable subpart as having no detectable emissions, as indicated by an 
instrument reading of less than 500 ppm above background. An owner or 
operator may use an optical gas imaging instrument instead of a 40 CFR 
part 60, appendix A-7, Method 21 monitor. Requirements in the existing 
subparts that are specific to the Method 21 instrument do not apply 
under this section. All other requirements in the applicable subpart 
that are not addressed in paragraphs (g), (h), and (i) of this section 
apply to this standard. For example, equipment specification 
requirements, and non-Method 21 instrument recordkeeping and reporting 
requirements in the applicable subpart continue to apply. The terms 
defined in paragraphs (g)(1) through (5) of this section have meanings 
that are specific to the alternative work practice standard in 
paragraphs (g), (h), and (i) of this section.
    (1) Applicable subpart means the subpart in 40 CFR parts 60, 61, 63, 
or 65 that requires monitoring of equipment with a 40 CFR part 60, 
appendix A-7, Method 21 monitor.
    (2) Equipment means pumps, valves, pressure relief valves, 
compressors, open-ended lines, flanges, connectors, and other equipment 
covered by the applicable subpart that require monitoring with a 40 CFR 
part 60, appendix A-7, Method 21 monitor.
    (3) Imaging means making visible emissions that may otherwise be 
invisible to the naked eye.
    (4) Optical gas imaging instrument means an instrument that makes 
visible emissions that may otherwise be invisible to the naked eye.
    (5) Repair means that equipment is adjusted, or otherwise altered, 
in order to eliminate a leak.
    (6) Leak means:
    (i) Any emissions imaged by the optical gas instrument;
    (ii) Indications of liquids dripping;

[[Page 87]]

    (iii) Indications by a sensor that a seal or barrier fluid system 
has failed; or
    (iv) Screening results using a 40 CFR part 60, appendix A-7, Method 
21 monitor that exceed the leak definition in the applicable subpart to 
which the equipment is subject.
    (h) The alternative work practice standard for monitoring equipment 
for leaks is available to all subparts in 40 CFR parts 60, 61, 63, and 
65 that require monitoring of equipment with a 40 CFR part 60, appendix 
A-7, Method 21 monitor.
    (1) An owner or operator of an affected source subject to CFR parts 
60, 61, 63, or 65 can choose to comply with the alternative work 
practice requirements in paragraph (i) of this section instead of using 
the 40 CFR part 60, appendix A-7, Method 21 monitor to identify leaking 
equipment. The owner or operator must document the equipment, process 
units, and facilities for which the alternative work practice will be 
used to identify leaks.
    (2) Any leak detected when following the leak survey procedure in 
paragraph (i)(3) of this section must be identified for repair as 
required in the applicable subpart.
    (3) If the alternative work practice is used to identify leaks, re-
screening after an attempted repair of leaking equipment must be 
conducted using either the alternative work practice or the 40 CFR part 
60, appendix A-7, Method 21 monitor at the leak definition required in 
the applicable subpart to which the equipment is subject.
    (4) The schedule for repair is as required in the applicable 
subpart.
    (5) When this alternative work practice is used for detecting 
leaking equipment, choose one of the monitoring frequencies listed in 
Table 1 to subpart A of this part in lieu of the monitoring frequency 
specified for regulated equipment in the applicable subpart. Reduced 
monitoring frequencies for good performance are not applicable when 
using the alternative work practice.
    (6) When this alternative work practice is used for detecting 
leaking equipment the following are not applicable for the equipment 
being monitored:
    (i) Skip period leak detection and repair;
    (ii) Quality improvement plans; or
    (iii) Complying with standards for allowable percentage of valves 
and pumps to leak.
    (7) When the alternative work practice is used to detect leaking 
equipment, the regulated equipment in paragraph (h)(1)(i) of this 
section must also be monitored annually using a 40 CFR part 60, appendix 
A-7, Method 21 monitor at the leak definition required in the applicable 
subpart. The owner or operator may choose the specific monitoring period 
(for example, first quarter) to conduct the annual monitoring. 
Subsequent monitoring must be conducted every 12 months from the initial 
period. Owners or operators must keep records of the annual Method 21 
screening results, as specified in paragraph (i)(4)(vii) of this 
section.
    (i) An owner or operator of an affected source who chooses to use 
the alternative work practice must comply with the requirements of 
paragraphs (i)(1) through (i)(5) of this section.
    (1) Instrument Specifications. The optical gas imaging instrument 
must comply with the requirements in (i)(1)(i) and (i)(1)(ii) of this 
section.
    (i) Provide the operator with an image of the potential leak points 
for each piece of equipment at both the detection sensitivity level and 
within the distance used in the daily instrument check described in 
paragraph (i)(2) of this section. The detection sensitivity level 
depends upon the frequency at which leak monitoring is to be performed.
    (ii) Provide a date and time stamp for video records of every 
monitoring event.
    (2) Daily Instrument Check. On a daily basis, and prior to beginning 
any leak monitoring work, test the optical gas imaging instrument at the 
mass flow rate determined in paragraph (i)(2)(i) of this section in 
accordance with the procedure specified in paragraphs (i)(2)(ii) through 
(i)(2)(iv) of this section for each camera configuration used during 
monitoring (for example, different lenses used), unless an alternative 
method to demonstrate daily instrument checks has been approved in 
accordance with paragraph (i)(2)(v) of this section.

[[Page 88]]

    (i) Calculate the mass flow rate to be used in the daily instrument 
check by following the procedures in paragraphs (i)(2)(i)(A) and 
(i)(2)(i)(B) of this section.
    (A) For a specified population of equipment to be imaged by the 
instrument, determine the piece of equipment in contact with the lowest 
mass fraction of chemicals that are detectable, within the distance to 
be used in paragraph (i)(2)(iv)(B) of this section, at or below the 
standard detection sensitivity level.
    (B) Multiply the standard detection sensitivity level, corresponding 
to the selected monitoring frequency in Table 1 of subpart A of this 
part, by the mass fraction of detectable chemicals from the stream 
identified in paragraph (i)(2)(i)(A) of this section to determine the 
mass flow rate to be used in the daily instrument check, using the 
following equation.
[GRAPHIC] [TIFF OMITTED] TR22DE08.007

Where:

Edic = Mass flow rate for the daily instrument check, grams 
          per hour
xi = Mass fraction of detectable chemical(s) i seen by the 
          optical gas imaging instrument, within the distance to be used 
          in paragraph (i)(2)(iv)(B) of this section, at or below the 
          standard detection sensitivity level, Esds.
Esds = Standard detection sensitivity level from Table 1 to 
          subpart A, grams per hour
k = Total number of detectable chemicals emitted from the leaking 
          equipment and seen by the optical gas imaging instrument.

    (ii) Start the optical gas imaging instrument according to the 
manufacturer's instructions, ensuring that all appropriate settings 
conform to the manufacturer's instructions.
    (iii) Use any gas chosen by the user that can be viewed by the 
optical gas imaging instrument and that has a purity of no less than 98 
percent.
    (iv) Establish a mass flow rate by using the following procedures:
    (A) Provide a source of gas where it will be in the field of view of 
the optical gas imaging instrument.
    (B) Set up the optical gas imaging instrument at a recorded distance 
from the outlet or leak orifice of the flow meter that will not be 
exceeded in the actual performance of the leak survey. Do not exceed the 
operating parameters of the flow meter.
    (C) Open the valve on the flow meter to set a flow rate that will 
create a mass emission rate equal to the mass rate specified in 
paragraph (i)(2)(i) of this section while observing the gas flow through 
the optical gas imaging instrument viewfinder. When an image of the gas 
emission is seen through the viewfinder at the required emission rate, 
make a record of the reading on the flow meter.
    (v) Repeat the procedures specified in paragraphs (i)(2)(ii) through 
(i)(2)(iv) of this section for each configuration of the optical gas 
imaging instrument used during the leak survey.
    (vi) To use an alternative method to demonstrate daily instrument 
checks, apply to the Administrator for approval of the alternative under 
Sec.  60.13(i).
    (3) Leak Survey Procedure. Operate the optical gas imaging 
instrument to image every regulated piece of equipment selected for this 
work practice in accordance with the instrument manufacturer's operating 
parameters. All emissions imaged by the optical gas imaging instrument 
are considered to be leaks and are subject to repair. All emissions 
visible to the naked eye are also considered to be leaks and are subject 
to repair.
    (4) Recordkeeping. You must keep the records described in paragraphs 
(i)(4)(i) through (i)(4)(vii) of this section:
    (i) The equipment, processes, and facilities for which the owner or 
operator chooses to use the alternative work practice.
    (ii) The detection sensitivity level selected from Table 1 to 
subpart A of this part for the optical gas imaging instrument.
    (iii) The analysis to determine the piece of equipment in contact 
with the lowest mass fraction of chemicals that are detectable, as 
specified in paragraph (i)(2)(i)(A) of this section.
    (iv) The technical basis for the mass fraction of detectable 
chemicals used in the equation in paragraph (i)(2)(i)(B) of this 
section.

[[Page 89]]

    (v) The daily instrument check. Record the distance, per paragraph 
(i)(2)(iv)(B) of this section, and the flow meter reading, per paragraph 
(i)(2)(iv)(C) of this section, at which the leak was imaged. Keep a 
video record of the daily instrument check for each configuration of the 
optical gas imaging instrument used during the leak survey (for example, 
the daily instrument check must be conducted for each lens used). The 
video record must include a time and date stamp for each daily 
instrument check. The video record must be kept for 5 years.
    (vi) Recordkeeping requirements in the applicable subpart. A video 
record must be used to document the leak survey results. The video 
record must include a time and date stamp for each monitoring event. A 
video record can be used to meet the recordkeeping requirements of the 
applicable subparts if each piece of regulated equipment selected for 
this work practice can be identified in the video record. The video 
record must be kept for 5 years.
    (vii) The results of the annual Method 21 screening required in 
paragraph (h)(7) of this section. Records must be kept for all regulated 
equipment specified in paragraph (h)(1) of this section. Records must 
identify the equipment screened, the screening value measured by Method 
21, the time and date of the screening, and calibration information 
required in the existing applicable subpart.
    (5) Reporting. Submit the reports required in the applicable 
subpart. Submit the records of the annual Method 21 screening required 
in paragraph (h)(7) of this section to the Administrator via e-mail to 
[email protected].

[51 FR 2701, Jan. 21, 1986, as amended at 63 FR 24444, May 4, 1998; 65 
FR 61752, Oct. 17, 2000; 73 FR 78209, Dec. 22, 2008]



Sec.  60.19  General notification and reporting requirements.

    (a) For the purposes of this part, time periods specified in days 
shall be measured in calendar days, even if the word ``calendar'' is 
absent, unless otherwise specified in an applicable requirement.
    (b) For the purposes of this part, if an explicit postmark deadline 
is not specified in an applicable requirement for the submittal of a 
notification, application, report, or other written communication to the 
Administrator, the owner or operator shall postmark the submittal on or 
before the number of days specified in the applicable requirement. For 
example, if a notification must be submitted 15 days before a particular 
event is scheduled to take place, the notification shall be postmarked 
on or before 15 days preceding the event; likewise, if a notification 
must be submitted 15 days after a particular event takes place, the 
notification shall be delivered or postmarked on or before 15 days 
following the end of the event. The use of reliable non-Government mail 
carriers that provide indications of verifiable delivery of information 
required to be submitted to the Administrator, similar to the postmark 
provided by the U.S. Postal Service, or alternative means of delivery, 
including the use of electronic media, agreed to by the permitting 
authority, is acceptable.
    (c) Notwithstanding time periods or postmark deadlines specified in 
this part for the submittal of information to the Administrator by an 
owner or operator, or the review of such information by the 
Administrator, such time periods or deadlines may be changed by mutual 
agreement between the owner or operator and the Administrator. 
Procedures governing the implementation of this provision are specified 
in paragraph (f) of this section.
    (d) If an owner or operator of an affected facility in a State with 
delegated authority is required to submit periodic reports under this 
part to the State, and if the State has an established timeline for the 
submission of periodic reports that is consistent with the reporting 
frequency(ies) specified for such facility under this part, the owner or 
operator may change the dates by which periodic reports under this part 
shall be submitted (without changing the frequency of reporting) to be 
consistent with the State's schedule by mutual agreement between the 
owner or operator and the State. The allowance in the previous sentence 
applies in each State beginning 1 year after the affected facility is 
required to

[[Page 90]]

be in compliance with the applicable subpart in this part. Procedures 
governing the implementation of this provision are specified in 
paragraph (f) of this section.
    (e) If an owner or operator supervises one or more stationary 
sources affected by standards set under this part and standards set 
under part 61, part 63, or both such parts of this chapter, he/she may 
arrange by mutual agreement between the owner or operator and the 
Administrator (or the State with an approved permit program) a common 
schedule on which periodic reports required by each applicable standard 
shall be submitted throughout the year. The allowance in the previous 
sentence applies in each State beginning 1 year after the stationary 
source is required to be in compliance with the applicable subpart in 
this part, or 1 year after the stationary source is required to be in 
compliance with the applicable 40 CFR part 61 or part 63 of this chapter 
standard, whichever is latest. Procedures governing the implementation 
of this provision are specified in paragraph (f) of this section.
    (f)(1)(i) Until an adjustment of a time period or postmark deadline 
has been approved by the Administrator under paragraphs (f)(2) and 
(f)(3) of this section, the owner or operator of an affected facility 
remains strictly subject to the requirements of this part.
    (ii) An owner or operator shall request the adjustment provided for 
in paragraphs (f)(2) and (f)(3) of this section each time he or she 
wishes to change an applicable time period or postmark deadline 
specified in this part.
    (2) Notwithstanding time periods or postmark deadlines specified in 
this part for the submittal of information to the Administrator by an 
owner or operator, or the review of such information by the 
Administrator, such time periods or deadlines may be changed by mutual 
agreement between the owner or operator and the Administrator. An owner 
or operator who wishes to request a change in a time period or postmark 
deadline for a particular requirement shall request the adjustment in 
writing as soon as practicable before the subject activity is required 
to take place. The owner or operator shall include in the request 
whatever information he or she considers useful to convince the 
Administrator that an adjustment is warranted.
    (3) If, in the Administrator's judgment, an owner or operator's 
request for an adjustment to a particular time period or postmark 
deadline is warranted, the Administrator will approve the adjustment. 
The Administrator will notify the owner or operator in writing of 
approval or disapproval of the request for an adjustment within 15 
calendar days of receiving sufficient information to evaluate the 
request.
    (4) If the Administrator is unable to meet a specified deadline, he 
or she will notify the owner or operator of any significant delay and 
inform the owner or operator of the amended schedule.

[59 FR 12428, Mar. 16, 1994, as amended at 64 FR 7463, Feb. 12, 1998]



   Sec. Table 1 to Subpart A of Part 60--Detection Sensitivity Levels 
                            (grams per hour)

------------------------------------------------------------------------
                                                             Detection
          Monitoring frequency per subpart \a\              sensitivity
                                                               level
------------------------------------------------------------------------
Bi-Monthly..............................................              60
Semi-Quarterly..........................................              85
Monthly.................................................            100
------------------------------------------------------------------------
\a\ When this alternative work practice is used to identify leaking
  equipment, the owner or operator must choose one of the monitoring
  frequencies listed in this table in lieu of the monitoring frequency
  specified in the applicable subpart. Bi-monthly means every other
  month. Semi-quarterly means twice per quarter. Monthly means once per
  month.


[73 FR 78211, Dec. 22, 2008]



     Subpart B_Adoption and Submittal of State Plans for Designated 
                               Facilities

    Source: 40 FR 53346, Nov. 17, 1975, unless otherwise noted.



Sec.  60.20  Applicability.

    The provisions of this subpart apply to States upon publication of a 
final guideline document under Sec.  60.22(a).



Sec.  60.21  Definitions.

    Terms used but not defined in this subpart shall have the meaning 
given them in the Act and in subpart A:
    (a) Designated pollutant means any air pollutant, the emissions of 
which are subject to a standard of performance

[[Page 91]]

for new stationary sources, but for which air quality criteria have not 
been issued and that is not included on a list published under section 
108(a) or section 112(b)(1)(A) of the Act.
    (b) Designated facility means any existing facility (see Sec.  
60.2(aa)) which emits a designated pollutant and which would be subject 
to a standard of performance for that pollutant if the existing facility 
were an affected facility (see Sec.  60.2(e)).
    (c) Plan means a plan under section 111(d) of the Act which 
establishes emission standards for designated pollutants from designated 
facilities and provides for the implementation and enforcement of such 
emission standards.
    (d) Applicable plan means the plan, or most recent revision thereof, 
which has been approved under Sec.  60.27(b) or promulgated under Sec.  
60.27(d).
    (e) Emission guideline means a guideline set forth in subpart C of 
this part, or in a final guideline document published under Sec.  
60.22(a), which reflects the degree of emission reduction achievable 
through the application of the best system of emission reduction which 
(taking into account the cost of such reduction) the Administrator has 
determined has been adequately demonstrated for designated facilities.
    (f) Emission standard means a legally enforceable regulation setting 
forth an allowable rate of emissions into the atmosphere, establishing 
an allowance system, or prescribing equipment specifications for control 
of air pollution emissions.
    (g) Compliance schedule means a legally enforceable schedule 
specifying a date or dates by which a source or category of sources must 
comply with specific emission standards contained in a plan or with any 
increments of progress to achieve such compliance.
    (h) Increments of progress means steps to achieve compliance which 
must be taken by an owner or operator of a designated facility, 
including:
    (1) Submittal of a final control plan for the designated facility to 
the appropriate air pollution control agency;
    (2) Awarding of contracts for emission control systems or for 
process modifications, or issuance of orders for the purchase of 
component parts to accomplish emission control or process modification;
    (3) Initiation of on-site construction or installation of emission 
control equipment or process change;
    (4) Completion of on-site construction or installation of emission 
control equipment or process change; and
    (5) Final compliance.
    (i) Region means an air quality control region designated under 
section 107 of the Act and described in part 81 of this chapter.
    (j) Local agency means any local governmental agency.

[40 FR 53346, Nov. 17, 1975, as amended at 70 FR 28649, May 18, 2005; 77 
FR 9447, Feb. 16, 2012]



Sec.  60.22  Publication of guideline documents, emission guidelines, and
final compliance times.

    (a) Concurrently upon or after proposal of standards of performance 
for the control of a designated pollutant from affected facilities, the 
Administrator will publish a draft guideline document containing 
information pertinent to control of the designated pollutant form 
designated facilities. Notice of the availability of the draft guideline 
document will be published in the Federal Register and public comments 
on its contents will be invited. After consideration of public comments 
and upon or after promulgation of standards of performance for control 
of a designated pollutant from affected facilities, a final guideline 
document will be published and notice of its availability will be 
published in the Federal Register.
    (b) Guideline documents published under this section will provide 
information for the development of State plans, such as:
    (1) Information concerning known or suspected endangerment of public 
health or welfare caused, or contributed to, by the designated 
pollutant.
    (2) A description of systems of emission reduction which, in the 
judgment of the Administrator, have been adequately demonstrated.
    (3) Information on the degree of emission reduction which is 
achievable with

[[Page 92]]

each system, together with information on the costs and environmental 
effects of applying each system to designated facilities.
    (4) Incremental periods of time normally expected to be necessary 
for the design, installation, and startup of identified control systems.
    (5) An emission guideline that reflects the application of the best 
system of emission reduction (considering the cost of such reduction) 
that has been adequately demonstrated for designated facilities, and the 
time within which compliance with emission standards of equivalent 
stringency can be achieved. The Administrator will specify different 
emission guidelines or compliance times or both for different sizes, 
types, and classes of designated facilities when costs of control, 
physical limitations, geographical location, or similar factors make 
subcategorization appropriate. (6) Such other available information as 
the Administrator determines may contribute to the formulation of State 
plans.
    (c) Except as provided in paragraph (d)(1) of this section, the 
emission guidelines and compliance times referred to in paragraph (b)(5) 
of this section will be proposed for comment upon publication of the 
draft guideline document, and after consideration of comments will be 
promulgated in subpart C of this part with such modifications as may be 
appropriate.
    (d)(1) If the Administrator determines that a designated pollutant 
may cause or contribute to endangerment of public welfare, but that 
adverse effects on public health have not been demonstrated, he will 
include the determination in the draft guideline document and in the 
Federal Register notice of its availability. Except as provided in 
paragraph (d)(2) of this section, paragraph (c) of this section shall be 
inapplicable in such cases.
    (2) If the Administrator determines at any time on the basis of new 
information that a prior determination under paragraph (d)(1) of this 
section is incorrect or no longer correct, he will publish notice of the 
determination in the Federal Register, revise the guideline document as 
necessary under paragraph (a) of this section, and propose and 
promulgate emission guidelines and compliance times under paragraph (c) 
of this section.

[40 FR 53346, Nov. 17, 1975, as amended at 54 FR 52189, Dec. 20, 1989]



Sec.  60.23  Adoption and submittal of State plans; public hearings.

    (a)(1) Unless otherwise specified in the applicable subpart, within 
9 months after notice of the availability of a final guideline document 
is published under Sec.  60.22(a), each State shall adopt and submit to 
the Administrator, in accordance with Sec.  60.4 of subpart A of this 
part, a plan for the control of the designated pollutant to which the 
guideline document applies.
    (2) Within nine months after notice of the availability of a final 
revised guideline document is published as provided in Sec.  
60.22(d)(2), each State shall adopt and submit to the Administrator any 
plan revision necessary to meet the requirements of this subpart.
    (b) If no designated facility is located within a State, the State 
shall submit a letter of certification to that effect to the 
Administrator within the time specified in paragraph (a) of this 
section. Such certification shall exempt the State from the requirements 
of this subpart for that designated pollutant.
    (c)(1) Except as provided in paragraphs (c)(2) and (c)(3) of this 
section, the State shall, prior to the adoption of any plan or revision 
thereof, conduct one or more public hearings within the State on such 
plan or plan revision.
    (2) No hearing shall be required for any change to an increment of 
progress in an approved compliance schedule unless the change is likely 
to cause the facility to be unable to comply with the final compliance 
date in the schedule.
    (3) No hearing shall be required on an emission standard in effect 
prior to the effective date of this subpart if it was adopted after a 
public hearing and is at least as stringent as the corresponding 
emission guideline specified in the applicable guideline document 
published under Sec.  60.22(a).
    (d) Any hearing required by paragraph (c) of this section shall be 
held only after reasonable notice. Notice shall be given at least 30 
days prior to the date of such hearing and shall include:

[[Page 93]]

    (1) Notification to the public by prominently advertising the date, 
time, and place of such hearing in each region affected;
    (2) Availability, at the time of public announcement, of each 
proposed plan or revision thereof for public inspection in at least one 
location in each region to which it will apply;
    (3) Notification to the Administrator;
    (4) Notification to each local air pollution control agency in each 
region to which the plan or revision will apply; and
    (5) In the case of an interstate region, notification to any other 
State included in the region.
    (e) The State shall prepare and retain, for a minimum of 2 years, a 
record of each hearing for inspection by any interested party. The 
record shall contain, as a minimum, a list of witnesses together with 
the text of each presentation.
    (f) The State shall submit with the plan or revision:
    (1) Certification that each hearing required by paragraph (c) of 
this section was held in accordance with the notice required by 
paragraph (d) of this section; and
    (2) A list of witnesses and their organizational affiliations, if 
any, appearing at the hearing and a brief written summary of each 
presentation or written submission.
    (g) Upon written application by a State agency (through the 
appropriate Regional Office), the Administrator may approve State 
procedures designed to insure public participation in the matters for 
which hearings are required and public notification of the opportunity 
to participate if, in the judgment of the Administrator, the procedures, 
although different from the requirements of this subpart, in fact 
provide for adequate notice to and participation of the public. The 
Administrator may impose such conditions on his approval as he deems 
necessary. Procedures approved under this section shall be deemed to 
satisfy the requirements of this subpart regarding procedures for public 
hearings.

[40 FR 53346, Nov. 17, 1975, as amended at 60 FR 65414, Dec. 19, 1995]



Sec.  60.24  Emission standards and compliance schedules.

    (a) Each plan shall include emission standards and compliance 
schedules.
    (b) (1) Emission standards shall either be based on an allowance 
system or prescribe allowable rates of emissions except when it is 
clearly impracticable. Such cases will be identified in the guideline 
documents issued under Sec.  60.22. Where emission standards prescribing 
equipment specifications are established, the plan shall, to the degree 
possible, set forth the emission reductions achievable by implementation 
of such specifications, and may permit compliance by the use of 
equipment determined by the State to be equivalent to that prescribed.
    (2) Test methods and procedures for determining compliance with the 
emission standards shall be specified in the plan. Methods other than 
those specified in appendix A to this part may be specified in the plan 
if shown to be equivalent or alternative methods as defined in Sec.  
60.2 (t) and (u).
    (3) Emission standards shall apply to all designated facilities 
within the State. A plan may contain emission standards adopted by local 
jurisdictions provided that the standards are enforceable by the State.
    (c) Except as provided in paragraph (f) of this section, where the 
Administrator has determined that a designated pollutant may cause or 
contribute to endangerment of public health, emission standards shall be 
no less stringent than the corresponding emission guideline(s) specified 
in subpart C of this part, and final compliance shall be required as 
expeditiously as practicable but no later than the compliance times 
specified in subpart C of this part.
    (d) Where the Administrator has determined that a designated 
pollutant may cause or contribute to endangerment of public welfare but 
that adverse effects on public health have not been demonstrated, States 
may balance the emission guidelines, compliance times, and other 
information provided in the applicable guideline document against other 
factors of public concern in establishing emission standards, compliance 
schedules, and variances. Appropriate consideration

[[Page 94]]

shall be given to the factors specified in Sec.  60.22(b) and to 
information presented at the public hearing(s) conducted under Sec.  
60.23(c).
    (e)(1) Any compliance schedule extending more than 12 months from 
the date required for submittal of the plan must include legally 
enforceable increments of progress to achieve compliance for each 
designated facility or category of facilities. Unless otherwise 
specified in the applicable subpart, increments of progress must 
include, where practicable, each increment of progress specified in 
Sec.  60.21(h) and must include such additional increments of progress 
as may be necessary to permit close and effective supervision of 
progress toward final compliance.
    (2) A plan may provide that compliance schedules for individual 
sources or categories of sources will be formulated after plan 
submittal. Any such schedule shall be the subject of a public hearing 
held according to Sec.  60.23 and shall be submitted to the 
Administrator within 60 days after the date of adoption of the schedule 
but in no case later than the date prescribed for submittal of the first 
semiannual report required by Sec.  60.25(e).
    (f) Unless otherwise specified in the applicable subpart on a case-
by-case basis for particular designated facilities or classes of 
facilities, States may provide for the application of less stringent 
emissions standards or longer compliance schedules than those otherwise 
required by paragraph (c) of this section, provided that the State 
demonstrates with respect to each such facility (or class of 
facilities):
    (1) Unreasonable cost of control resulting from plant age, location, 
or basic process design;
    (2) Physical impossibility of installing necessary control 
equipment; or
    (3) Other factors specific to the facility (or class of facilities) 
that make application of a less stringent standard or final compliance 
time significantly more reasonable.
    (g) Nothing in this subpart shall be construed to preclude any State 
or political subdivision thereof from adopting or enforcing (1) emission 
standards more stringent than emission guidelines specified in subpart C 
of this part or in applicable guideline documents or (2) compliance 
schedules requiring final compliance at earlier times than those 
specified in subpart C or in applicable guideline documents.

[40 FR 53346, Nov. 17, 1975, as amended at 60 FR 65414, Dec. 19, 1995; 
65 FR 76384, Dec. 6, 2000; 70 FR 28649, May 18, 2005; 71 FR 33398, June 
9, 2006; 72 FR 59204, Oct. 19, 2007; 77 FR 9447, Feb. 16, 2012]



Sec.  60.25  Emission inventories, source surveillance, reports.

    (a) Each plan shall include an inventory of all designated 
facilities, including emission data for the designated pollutants and 
information related to emissions as specified in appendix D to this 
part. Such data shall be summarized in the plan, and emission rates of 
designated pollutants from designated facilities shall be correlated 
with applicable emission standards. As used in this subpart, 
``correlated'' means presented in such a manner as to show the 
relationship between measured or estimated amounts of emissions and the 
amounts of such emissions allowable under applicable emission standards.
    (b) Each plan shall provide for monitoring the status of compliance 
with applicable emission standards. Each plan shall, as a minimum, 
provide for:
    (1) Legally enforceable procedures for requiring owners or operators 
of designated facilities to maintain records and periodically report to 
the State information on the nature and amount of emissions from such 
facilities, and/or such other information as may be necessary to enable 
the State to determine whether such facilities are in compliance with 
applicable portions of the plan. Submission of electronic documents 
shall comply with the requirements of 40 CFR part 3--(Electronic 
reporting).
    (2) Periodic inspection and, when applicable, testing of designated 
facilities.
    (c) Each plan shall provide that information obtained by the State 
under paragraph (b) of this section shall be correlated with applicable 
emission standards (see Sec.  60.25(a)) and made available to the 
general public.
    (d) The provisions referred to in paragraphs (b) and (c) of this 
section shall be specifically identified. Copies of

[[Page 95]]

such provisions shall be submitted with the plan unless:
    (1) They have been approved as portions of a preceding plan 
submitted under this subpart or as portions of an implementation plan 
submitted under section 110 of the Act, and
    (2) The State demonstrates:
    (i) That the provisions are applicable to the designated 
pollutant(s) for which the plan is submitted, and
    (ii) That the requirements of Sec.  60.26 are met.
    (e) The State shall submit reports on progress in plan enforcement 
to the Administrator on an annual (calendar year) basis, commencing with 
the first full report period after approval of a plan or after 
promulgation of a plan by the Administrator. Information required under 
this paragraph must be included in the annual report required by Sec.  
51.321 of this chapter.
    (f) Each progress report shall include:
    (1) Enforcement actions initiated against designated facilities 
during the reporting period, under any emission standard or compliance 
schedule of the plan.
    (2) Identification of the achievement of any increment of progress 
required by the applicable plan during the reporting period.
    (3) Identification of designated facilities that have ceased 
operation during the reporting period.
    (4) Submission of emission inventory data as described in paragraph 
(a) of this section for designated facilities that were not in operation 
at the time of plan development but began operation during the reporting 
period.
    (5) Submission of additional data as necessary to update the 
information submitted under paragraph (a) of this section or in previous 
progress reports.
    (6) Submission of copies of technical reports on all performance 
testing on designated facilities conducted under paragraph (b)(2) of 
this section, complete with concurrently recorded process data.

[40 FR 53346, Nov. 17, 1975, as amended at 44 FR 65071, Nov. 9, 1979; 70 
FR 59887, Oct. 13, 2005]



Sec.  60.26  Legal authority.

    (a) Each plan shall show that the State has legal authority to carry 
out the plan, including authority to:
    (1) Adopt emission standards and compliance schedules applicable to 
designated facilities.
    (2) Enforce applicable laws, regulations, standards, and compliance 
schedules, and seek injunctive relief.
    (3) Obtain information necessary to determine whether designated 
facilities are in compliance with applicable laws, regulations, 
standards, and compliance schedules, including authority to require 
recordkeeping and to make inspections and conduct tests of designated 
facilities.
    (4) Require owners or operators of designated facilities to install, 
maintain, and use emission monitoring devices and to make periodic 
reports to the State on the nature and amounts of emissions from such 
facilities; also authority for the State to make such data available to 
the public as reported and as correlated with applicable emission 
standards.
    (b) The provisions of law or regulations which the State determines 
provide the authorities required by this section shall be specifically 
identified. Copies of such laws or regulations shall be submitted with 
the plan unless:
    (1) They have been approved as portions of a preceding plan 
submitted under this subpart or as portions of an implementation plan 
submitted under section 110 of the Act, and
    (2) The State demonstrates that the laws or regulations are 
applicable to the designated pollutant(s) for which the plan is 
submitted.
    (c) The plan shall show that the legal authorities specified in this 
section are available to the State at the time of submission of the 
plan. Legal authority adequate to meet the requirements of paragraphs 
(a)(3) and (4) of this section may be delegated to the State under 
section 114 of the Act.
    (d) A State governmental agency other than the State air pollution 
control agency may be assigned responsibility for carrying out a portion 
of a plan if the plan demonstrates to the Administrator's satisfaction 
that the State governmental agency has the

[[Page 96]]

legal authority necessary to carry out that portion of the plan.
    (e) The State may authorize a local agency to carry out a plan, or 
portion thereof, within the local agency's jurisdiction if the plan 
demonstrates to the Administrator's satisfaction that the local agency 
has the legal authority necessary to implement the plan or portion 
thereof, and that the authorization does not relieve the State of 
responsibility under the Act for carrying out the plan or portion 
thereof.



Sec.  60.27  Actions by the Administrator.

    (a) The Administrator may, whenever he determines necessary, extend 
the period for submission of any plan or plan revision or portion 
thereof.
    (b) After receipt of a plan or plan revision, the Administrator will 
propose the plan or revision for approval or disapproval. The 
Administrator will, within four months after the date required for 
submission of a plan or plan revision, approve or disapprove such plan 
or revision or each portion thereof.
    (c) The Administrator will, after consideration of any State hearing 
record, promptly prepare and publish proposed regulations setting forth 
a plan, or portion thereof, for a State if:
    (1) The State fails to submit a plan within the time prescribed;
    (2) The State fails to submit a plan revision required by Sec.  
60.23(a)(2) within the time prescribed; or
    (3) The Administrator disapproves the State plan or plan revision or 
any portion thereof, as unsatisfactory because the requirements of this 
subpart have not been met.
    (d) The Administrator will, within six months after the date 
required for submission of a plan or plan revision, promulgate the 
regulations proposed under paragraph (c) of this section with such 
modifications as may be appropriate unless, prior to such promulgation, 
the State has adopted and submitted a plan or plan revision which the 
Administrator determines to be approvable.
    (e)(1) Except as provided in paragraph (e)(2) of this section, 
regulations proposed and promulgated by the Administrator under this 
section will prescribe emission standards of the same stringency as the 
corresponding emission guideline(s) specified in the final guideline 
document published under Sec.  60.22(a) and will require final 
compliance with such standards as expeditiously as practicable but no 
later than the times specified in the guideline document.
    (2) Upon application by the owner or operator of a designated 
facility to which regulations proposed and promulgated under this 
section will apply, the Administrator may provide for the application of 
less stringent emission standards or longer compliance schedules than 
those otherwise required by this section in accordance with the criteria 
specified in Sec.  60.24(f).
    (f) Prior to promulgation of a plan under paragraph (d) of this 
section, the Administrator will provide the opportunity for at least one 
public hearing in either:
    (1) Each State that failed to hold a public hearing as required by 
Sec.  60.23(c); or
    (2) Washington, DC or an alternate location specified in the Federal 
Register.

[40 FR 53346, Nov. 17, 1975, as amended at 65 FR 76384, Dec. 6, 2000]



Sec.  60.28  Plan revisions by the State.

    (a) Plan revisions which have the effect of delaying compliance with 
applicable emission standards or increments of progress or of 
establishing less stringent emission standards shall be submitted to the 
Administrator within 60 days after adoption in accordance with the 
procedures and requirements applicable to development and submission of 
the original plan.
    (b) More stringent emission standards, or orders which have the 
effect of accelerating compliance, may be submitted to the Administrator 
as plan revisions in accordance with the procedures and requirements 
applicable to development and submission of the original plan.
    (c) A revision of a plan, or any portion thereof, shall not be 
considered part of an applicable plan until approved by the 
Administrator in accordance with this subpart.

[[Page 97]]



Sec.  60.29  Plan revisions by the Administrator.

    After notice and opportunity for public hearing in each affected 
State, the Administrator may revise any provision of an applicable plan 
if:
    (a) The provision was promulgated by the Administrator, and
    (b) The plan, as revised, will be consistent with the Act and with 
the requirements of this subpart.



    Subpart Ba_Adoption and Submittal of State Plans for Designated 
                               Facilities

    Source: 84 FR 32575, July 8, 2019, unless otherwise noted.



Sec.  60.20a  Applicability.

    (a) The provisions of this subpart apply upon publication of a final 
emission guideline under Sec.  60.22a(a) if implementation of such final 
guideline is ongoing as of f or if the final guideline is published 
after July 8, 2019.
    (1) Each emission guideline promulgated under this part is subject 
to the requirements of this subpart, except that each emission guideline 
may include specific provisions in addition to or that supersede 
requirements of this subpart. Each emission guideline must identify 
explicitly any provision of this subpart that is superseded.
    (2) Terms used throughout this part are defined in Sec.  60.21a or 
in the Clean Air Act (Act) as amended in 1990, except that emission 
guidelines promulgated as individual subparts of this part may include 
specific definitions in addition to or that supersede definitions in 
Sec.  60.21a.
    (b) No standard of performance or other requirement established 
under this part shall be interpreted, construed, or applied to diminish 
or replace the requirements of a more stringent emission limitation or 
other applicable requirement established by the Administrator pursuant 
to other authority of the Act (section 112, Part C or D, or any other 
authority of this Act), or a standard issued under State authority.



Sec.  60.21a  Definitions.

    Terms used but not defined in this subpart shall have the meaning 
given them in the Act and in subpart A of this part:
    (a) Designated pollutant means any air pollutant, the emissions of 
which are subject to a standard of performance for new stationary 
sources, but for which air quality criteria have not been issued and 
that is not included on a list published under section 108(a) or section 
112(b)(1)(A) of the Act.
    (b) Designated facility means any existing facility (see Sec.  60.2) 
which emits a designated pollutant and which would be subject to a 
standard of performance for that pollutant if the existing facility were 
an affected facility (see Sec.  60.2).
    (c) Plan means a plan under section 111(d) of the Act which 
establishes standards of performance for designated pollutants from 
designated facilities and provides for the implementation and 
enforcement of such standards of performance.
    (d) Applicable plan means the plan, or most recent revision thereof, 
which has been approved under Sec.  60.27a(b) or promulgated under Sec.  
60.27a(d).
    (e) Emission guideline means a guideline set forth in subpart C of 
this part, or in a final guideline document published under Sec.  
60.22a(a), which reflects the degree of emission limitation achievable 
through the application of the best system of emission reduction which 
(taking into account the cost of such reduction and any non-air quality 
health and environmental impact and energy requirements) the 
Administrator has determined has been adequately demonstrated for 
designated facilities.
    (f) Standard of performance means a standard for emissions of air 
pollutants which reflects the degree of emission limitation achievable 
through the application of the best system of emission reduction which 
(taking into account the cost of achieving such reduction and any nonair 
quality health and environmental impact and energy requirements) the 
Administrator determines has been adequately demonstrated, including, 
but not limited to a legally enforceable regulation setting forth an 
allowable rate or limit of

[[Page 98]]

emissions into the atmosphere, or prescribing a design, equipment, work 
practice, or operational standard, or combination thereof.
    (g) Compliance schedule means a legally enforceable schedule 
specifying a date or dates by which a source or category of sources must 
comply with specific standards of performance contained in a plan or 
with any increments of progress to achieve such compliance.
    (h) Increments of progress means steps to achieve compliance which 
must be taken by an owner or operator of a designated facility, 
including:
    (1) Submittal of a final control plan for the designated facility to 
the appropriate air pollution control agency;
    (2) Awarding of contracts for emission control systems or for 
process modifications, or issuance of orders for the purchase of 
component parts to accomplish emission control or process modification;
    (3) Initiation of on-site construction or installation of emission 
control equipment or process change;
    (4) Completion of on-site construction or installation of emission 
control equipment or process change; and
    (5) Final compliance.
    (i) Region means an air quality control region designated under 
section 107 of the Act and described in part 81 of this chapter.
    (j) Local agency means any local governmental agency.



Sec.  60.22a  Publication of emission guidelines.

    (a) Concurrently upon or after proposal of standards of performance 
for the control of a designated pollutant from affected facilities, the 
Administrator will publish a draft emission guideline containing 
information pertinent to control of the designated pollutant from 
designated facilities. Notice of the availability of the draft emission 
guideline will be published in the Federal Register and public comments 
on its contents will be invited. After consideration of public comments 
and upon or after promulgation of standards of performance for control 
of a designated pollutant from affected facilities, a final emission 
guideline will be published and notice of its availability will be 
published in the Federal Register.
    (b) Emission guidelines published under this section will provide 
information for the development of State plans, such as:
    (1) Information concerning known or suspected endangerment of public 
health or welfare caused, or contributed to, by the designated 
pollutant.
    (2) A description of systems of emission reduction which, in the 
judgment of the Administrator, have been adequately demonstrated.
    (3) Information on the degree of emission limitation which is 
achievable with each system, together with information on the costs, 
nonair quality health environmental effects, and energy requirements of 
applying each system to designated facilities.
    (4) Incremental periods of time normally expected to be necessary 
for the design, installation, and startup of identified control systems.
    (5) The degree of emission limitation achievable through the 
application of the best system of emission reduction (considering the 
cost of such achieving reduction and any nonair quality health and 
environmental impact and energy requirements) that has been adequately 
demonstrated for designated facilities, and the time within which 
compliance with standards of performance can be achieved. The 
Administrator may specify different degrees of emission limitation or 
compliance times or both for different sizes, types, and classes of 
designated facilities when costs of control, physical limitations, 
geographical location, or similar factors make subcategorization 
appropriate.
    (6) Such other available information as the Administrator determines 
may contribute to the formulation of State plans.
    (c) The emission guidelines and compliance times referred to in 
paragraph (b)(5) of this section will be proposed for comment upon 
publication of the draft guideline document, and after consideration of 
comments will be promulgated in subpart C of this part with such 
modifications as may be appropriate.

[[Page 99]]



Sec.  60.23a  Adoption and submittal of State plans; public hearings.

    (a)(1) Unless otherwise specified in the applicable subpart, within 
three years after notice of the availability of a final emission 
guideline is published under Sec.  60.22a(a), each State shall adopt and 
submit to the Administrator, in accordance with Sec.  60.4, a plan for 
the control of the designated pollutant to which the emission guideline 
applies.
    (2) At any time, each State may adopt and submit to the 
Administrator any plan revision necessary to meet the requirements of 
this subpart or an applicable subpart of this part.
    (b) If no designated facility is located within a State, the State 
shall submit a letter of certification to that effect to the 
Administrator within the time specified in paragraph (a) of this 
section. Such certification shall exempt the State from the requirements 
of this subpart for that designated pollutant.
    (c) The State shall, prior to the adoption of any plan or revision 
thereof, conduct one or more public hearings within the State on such 
plan or plan revision in accordance with the provisions under this 
section.
    (d) Any hearing required by paragraph (c) of this section shall be 
held only after reasonable notice. Notice shall be given at least 30 
days prior to the date of such hearing and shall include:
    (1) Notification to the public by prominently advertising the date, 
time, and place of such hearing in each region affected. This 
requirement may be satisfied by advertisement on the internet;
    (2) Availability, at the time of public announcement, of each 
proposed plan or revision thereof for public inspection in at least one 
location in each region to which it will apply. This requirement may be 
satisfied by posting each proposed plan or revision on the internet;
    (3) Notification to the Administrator;
    (4) Notification to each local air pollution control agency in each 
region to which the plan or revision will apply; and
    (5) In the case of an interstate region, notification to any other 
State included in the region.
    (e) The State may cancel the public hearing through a method it 
identifies if no request for a public hearing is received during the 30 
day notification period under paragraph (d) of this section and the 
original notice announcing the 30 day notification period states that if 
no request for a public hearing is received the hearing will be 
cancelled; identifies the method and time for announcing that the 
hearing has been cancelled; and provides a contact phone number for the 
public to call to find out if the hearing has been cancelled.
    (f) The State shall prepare and retain, for a minimum of 2 years, a 
record of each hearing for inspection by any interested party. The 
record shall contain, as a minimum, a list of witnesses together with 
the text of each presentation.
    (g) The State shall submit with the plan or revision:
    (1) Certification that each hearing required by paragraph (c) of 
this section was held in accordance with the notice required by 
paragraph (d) of this section; and
    (2) A list of witnesses and their organizational affiliations, if 
any, appearing at the hearing and a brief written summary of each 
presentation or written submission.
    (h) Upon written application by a State agency (through the 
appropriate Regional Office), the Administrator may approve State 
procedures designed to insure public participation in the matters for 
which hearings are required and public notification of the opportunity 
to participate if, in the judgment of the Administrator, the procedures, 
although different from the requirements of this subpart, in fact 
provide for adequate notice to and participation of the public. The 
Administrator may impose such conditions on his approval as he deems 
necessary. Procedures approved under this section shall be deemed to 
satisfy the requirements of this subpart regarding procedures for public 
hearings.



Sec.  60.24a  Standards of performance and compliance schedules.

    (a) Each plan shall include standards of performance and compliance 
schedules.

[[Page 100]]

    (b) Standards of performance shall either be based on allowable rate 
or limit of emissions, except when it is not feasible to prescribe or 
enforce a standard of performance. The EPA shall identify such cases in 
the emission guidelines issued under Sec.  60.22a. Where standards of 
performance prescribing design, equipment, work practice, or operational 
standard, or combination thereof are established, the plan shall, to the 
degree possible, set forth the emission reductions achievable by 
implementation of such standards, and may permit compliance by the use 
of equipment determined by the State to be equivalent to that 
prescribed.
    (1) Test methods and procedures for determining compliance with the 
standards of performance shall be specified in the plan. Methods other 
than those specified in appendix A to this part or an applicable subpart 
of this part may be specified in the plan if shown to be equivalent or 
alternative methods as defined in Sec.  60.2.
    (2) Standards of performance shall apply to all designated 
facilities within the State. A plan may contain standards of performance 
adopted by local jurisdictions provided that the standards are 
enforceable by the State.
    (c) Except as provided in paragraph (e) of this section, standards 
of performance shall be no less stringent than the corresponding 
emission guideline(s) specified in subpart C of this part, and final 
compliance shall be required as expeditiously as practicable, but no 
later than the compliance times specified in an applicable subpart of 
this part.
    (d) Any compliance schedule extending more than 24 months from the 
date required for submittal of the plan must include legally enforceable 
increments of progress to achieve compliance for each designated 
facility or category of facilities. Unless otherwise specified in the 
applicable subpart, increments of progress must include, where 
practicable, each increment of progress specified in Sec.  60.21a(h) and 
must include such additional increments of progress as may be necessary 
to permit close and effective supervision of progress toward final 
compliance.
    (e) In applying a standard of performance to a particular source, 
the State may take into consideration factors, such as the remaining 
useful life of such source, provided that the State demonstrates with 
respect to each such facility (or class of such facilities):
    (1) Unreasonable cost of control resulting from plant age, location, 
or basic process design;
    (2) Physical impossibility of installing necessary control 
equipment; or
    (3) Other factors specific to the facility (or class of facilities) 
that make application of a less stringent standard or final compliance 
time significantly more reasonable.
    (f) Nothing in this subpart shall be construed to preclude any State 
or political subdivision thereof from adopting or enforcing:
    (1) Standards of performance more stringent than emission guidelines 
specified in subpart C of this part or in applicable emission 
guidelines; or
    (2) Compliance schedules requiring final compliance at earlier times 
than those specified in subpart C of this part or in applicable emission 
guidelines.



Sec.  60.25a  Emission inventories, source surveillance, reports.

    (a) Each plan shall include an inventory of all designated 
facilities, including emission data for the designated pollutants and 
information related to emissions as specified in appendix D to this 
part. Such data shall be summarized in the plan, and emission rates of 
designated pollutants from designated facilities shall be correlated 
with applicable standards of performance. As used in this subpart, 
``correlated'' means presented in such a manner as to show the 
relationship between measured or estimated amounts of emissions and the 
amounts of such emissions allowable under applicable standards of 
performance.
    (b) Each plan shall provide for monitoring the status of compliance 
with applicable standards of performance. Each plan shall, as a minimum, 
provide for:
    (1) Legally enforceable procedures for requiring owners or operators 
of designated facilities to maintain records and periodically report to 
the State information on the nature and amount of emissions from such 
facilities, and/or

[[Page 101]]

such other information as may be necessary to enable the State to 
determine whether such facilities are in compliance with applicable 
portions of the plan. Submission of electronic documents shall comply 
with the requirements of 40 CFR part 3 (Electronic reporting).
    (2) Periodic inspection and, when applicable, testing of designated 
facilities.
    (c) Each plan shall provide that information obtained by the State 
under paragraph (b) of this section shall be correlated with applicable 
standards of performance (see Sec.  60.25a(a)) and made available to the 
general public.
    (d) The provisions referred to in paragraphs (b) and (c) of this 
section shall be specifically identified. Copies of such provisions 
shall be submitted with the plan unless:
    (1) They have been approved as portions of a preceding plan 
submitted under this subpart or as portions of an implementation plan 
submitted under section 110 of the Act; and
    (2) The State demonstrates:
    (i) That the provisions are applicable to the designated 
pollutant(s) for which the plan is submitted, and
    (ii) That the requirements of Sec.  60.26a are met.
    (e) The State shall submit reports on progress in plan enforcement 
to the Administrator on an annual (calendar year) basis, commencing with 
the first full report period after approval of a plan or after 
promulgation of a plan by the Administrator. Information required under 
this paragraph must be included in the annual report required by Sec.  
51.321 of this chapter.
    (f) Each progress report shall include:
    (1) Enforcement actions initiated against designated facilities 
during the reporting period, under any standard of performance or 
compliance schedule of the plan.
    (2) Identification of the achievement of any increment of progress 
required by the applicable plan during the reporting period.
    (3) Identification of designated facilities that have ceased 
operation during the reporting period.
    (4) Submission of emission inventory data as described in paragraph 
(a) of this section for designated facilities that were not in operation 
at the time of plan development but began operation during the reporting 
period.
    (5) Submission of additional data as necessary to update the 
information submitted under paragraph (a) of this section or in previous 
progress reports.
    (6) Submission of copies of technical reports on all performance 
testing on designated facilities conducted under paragraph (b)(2) of 
this section, complete with concurrently recorded process data.



Sec.  60.26a  Legal authority.

    (a) Each plan or plan revision shall show that the State has legal 
authority to carry out the plan or plan revision, including authority 
to:
    (1) Adopt standards of performance and compliance schedules 
applicable to designated facilities.
    (2) Enforce applicable laws, regulations, standards, and compliance 
schedules, and seek injunctive relief.
    (3) Obtain information necessary to determine whether designated 
facilities are in compliance with applicable laws, regulations, 
standards, and compliance schedules, including authority to require 
recordkeeping and to make inspections and conduct tests of designated 
facilities.
    (4) Require owners or operators of designated facilities to install, 
maintain, and use emission monitoring devices and to make periodic 
reports to the State on the nature and amounts of emissions from such 
facilities; also authority for the State to make such data available to 
the public as reported and as correlated with applicable standards of 
performance.
    (b) The provisions of law or regulations which the State determines 
provide the authorities required by this section shall be specifically 
identified. Copies of such laws or regulations shall be submitted with 
the plan unless:
    (1) They have been approved as portions of a preceding plan 
submitted under this subpart or as portions of an implementation plan 
submitted under section 110 of the Act; and
    (2) The State demonstrates that the laws or regulations are 
applicable to the designated pollutant(s) for which the plan is 
submitted.

[[Page 102]]

    (c) The plan shall show that the legal authorities specified in this 
section are available to the State at the time of submission of the 
plan. Legal authority adequate to meet the requirements of paragraphs 
(a)(3) and (4) of this section may be delegated to the State under 
section 114 of the Act.
    (d) A State governmental agency other than the State air pollution 
control agency may be assigned responsibility for carrying out a portion 
of a plan if the plan demonstrates to the Administrator's satisfaction 
that the State governmental agency has the legal authority necessary to 
carry out that portion of the plan.
    (e) The State may authorize a local agency to carry out a plan, or 
portion thereof, within the local agency's jurisdiction if the plan 
demonstrates to the Administrator's satisfaction that the local agency 
has the legal authority necessary to implement the plan or portion 
thereof, and that the authorization does not relieve the State of 
responsibility under the Act for carrying out the plan or portion 
thereof.



Sec.  60.27a  Actions by the Administrator.

    (a) The Administrator may, whenever he determines necessary, shorten 
the period for submission of any plan or plan revision or portion 
thereof.
    (b) After determination that a plan or plan revision is complete per 
the requirements of Sec.  60.27a(g), the Administrator will take action 
on the plan or revision. The Administrator will, within twelve months of 
finding that a plan or plan revision is complete, approve or disapprove 
such plan or revision or each portion thereof.
    (c) The Administrator will promulgate, through notice-and-comment 
rulemaking, a federal plan, or portion thereof, at any time within two 
years after the Administrator:
    (1) Finds that a State fails to submit a required plan or plan 
revision or finds that the plan or plan revision does not satisfy the 
minimum criteria under paragraph (g) of this section; or
    (2) Disapproves the required State plan or plan revision or any 
portion thereof, as unsatisfactory because the applicable requirements 
of this subpart or an applicable subpart under this part have not been 
met.
    (d) The Administrator will promulgate a final federal plan as 
described in paragraph (c) of this section unless the State corrects the 
deficiency, and the Administrator approves the plan or plan revision, 
before the Administrator promulgates such federal plan.
    (e)(1) Except as provided in paragraph (e)(2) of this section, a 
federal plan promulgated by the Administrator under this section will 
prescribe standards of performance of the same stringency as the 
corresponding emission guideline(s) specified in the final emission 
guideline published under Sec.  60.22a(a) and will require compliance 
with such standards as expeditiously as practicable but no later than 
the times specified in the emission guideline.
    (2) Upon application by the owner or operator of a designated 
facility to which regulations proposed and promulgated under this 
section will apply, the Administrator may provide for the application of 
less stringent standards of performance or longer compliance schedules 
than those otherwise required by this section in accordance with the 
criteria specified in Sec.  60.24a(e).
    (f) Prior to promulgation of a federal plan under paragraph (d) of 
this section, the Administrator will provide the opportunity for at 
least one public hearing in either:
    (1) Each State that failed to submit a required complete plan or 
plan revision, or whose required plan or plan revision is disapproved by 
the Administrator; or
    (2) Washington, DC or an alternate location specified in the Federal 
Register.
    (g) Each plan or plan revision that is submitted to the 
Administrator shall be reviewed for completeness as described in 
paragraphs (g)(1) through (3) of this section.
    (1) General. Within 60 days of the Administrator's receipt of a 
state submission, but no later than 6 months after the date, if any, by 
which a State is required to submit the plan or revision, the 
Administrator shall determine whether the minimum criteria for 
completeness have been met. Any plan or plan revision that a State 
submits to the EPA, and that has not been determined by the EPA by the 
date 6 months after receipt of the submission

[[Page 103]]

to have failed to meet the minimum criteria, shall on that date be 
deemed by operation of law to meet such minimum criteria. Where the 
Administrator determines that a plan submission does not meet the 
minimum criteria of this paragraph, the State will be treated as not 
having made the submission and the requirements of Sec.  60.27a 
regarding promulgation of a federal plan shall apply.
    (2) Administrative criteria. In order to be deemed complete, a State 
plan must contain each of the following administrative criteria:
    (i) A formal letter of submittal from the Governor or her designee 
requesting EPA approval of the plan or revision thereof;
    (ii) Evidence that the State has adopted the plan in the state code 
or body of regulations; or issued the permit, order, consent agreement 
(hereafter ``document'') in final form. That evidence must include the 
date of adoption or final issuance as well as the effective date of the 
plan, if different from the adoption/issuance date;
    (iii) Evidence that the State has the necessary legal authority 
under state law to adopt and implement the plan;
    (iv) A copy of the actual regulation, or document submitted for 
approval and incorporation by reference into the plan, including 
indication of the changes made (such as redline/strikethrough) to the 
existing approved plan, where applicable. The submittal must be a copy 
of the official state regulation or document signed, stamped and dated 
by the appropriate state official indicating that it is fully 
enforceable by the State. The effective date of the regulation or 
document must, whenever possible, be indicated in the document itself. 
The State's electronic copy must be an exact duplicate of the hard copy. 
If the regulation/document provided by the State for approval and 
incorporation by reference into the plan is a copy of an existing 
publication, the State submission should, whenever possible, include a 
copy of the publication cover page and table of contents;
    (v) Evidence that the State followed all of the procedural 
requirements of the state's laws and constitution in conducting and 
completing the adoption and issuance of the plan;
    (vi) Evidence that public notice was given of the proposed change 
with procedures consistent with the requirements of Sec.  60.23a, 
including the date of publication of such notice;
    (vii) Certification that public hearing(s) were held in accordance 
with the information provided in the public notice and the State's laws 
and constitution, if applicable and consistent with the public hearing 
requirements in Sec.  60.23a;
    (viii) Compilation of public comments and the State's response 
thereto; and
    (ix) Such other criteria for completeness as may be specified by the 
Administrator under the applicable emission guidelines.
    (3) Technical criteria. In order to be deemed complete, a State plan 
must contain each of the following technical criteria:
    (i) Description of the plan approach and geographic scope;
    (ii) Identification of each designated facility, identification of 
standards of performance for the designated facilities, and monitoring, 
recordkeeping and reporting requirements that will determine compliance 
by each designated facility;
    (iii) Identification of compliance schedules and/or increments of 
progress;
    (iv) Demonstration that the State plan submittal is projected to 
achieve emissions performance under the applicable emission guidelines;
    (v) Documentation of state recordkeeping and reporting requirements 
to determine the performance of the plan as a whole; and
    (vi) Demonstration that each emission standard is quantifiable, non-
duplicative, permanent, verifiable, and enforceable.



Sec.  60.28a  Plan revisions by the State.

    (a) Any revision to a state plan shall be adopted by such State 
after reasonable notice and public hearing. For plan revisions required 
in response to a revised emission guideline, such plan revisions shall 
be submitted to the Administrator within three years, or

[[Page 104]]

shorter if required by the Administrator, after notice of the 
availability of a final revised emission guideline is published under 
Sec.  60.22a. All plan revisions must be submitted in accordance with 
the procedures and requirements applicable to development and submission 
of the original plan.
    (b) A revision of a plan, or any portion thereof, shall not be 
considered part of an applicable plan until approved by the 
Administrator in accordance with this subpart.



Sec.  60.29a  Plan revisions by the Administrator.

    After notice and opportunity for public hearing in each affected 
State, the Administrator may revise any provision of an applicable 
federal plan if:
    (a) The provision was promulgated by the Administrator; and
    (b) The plan, as revised, will be consistent with the Act and with 
the requirements of this subpart.



           Subpart C_Emission Guidelines and Compliance Times



Sec.  60.30  Scope.

    The following subparts contain emission guidelines and compliance 
times for the control of certain designated pollutants in accordance 
with section 111(d) and section 129 of the Clean Air Act and subpart B 
of this part.
    (a) Subpart Ca [Reserved]
    (b) Subpart Cb--Municipal Waste Combustors.
    (c) Subpart Cc--Municipal Solid Waste Landfills.
    (d) Subpart Cd--Sulfuric Acid Production Plants.
    (e) Subpart Ce--Hospital/Medical/Infectious Waste Incinerators.

[62 FR 48379, Sept. 15, 1997]



Sec.  60.31  Definitions.

    Terms used but not defined in this subpart have the meaning given 
them in the Act and in subparts A and B of this part.

[42 FR 55797, Oct. 18, 1977]

Subpart Ca [Reserved]



Subpart Cb_Emissions Guidelines and Compliance Times for Large Municipal 
  Waste Combustors That are Constructed on or Before September 20, 1994

    Source: 60 FR 65415, Dec. 19, 1995, unless otherwise noted.



Sec.  60.30b  Scope and delegation of authority.

    (a) This subpart contains emission guidelines and compliance 
schedules for the control of certain designated pollutants from certain 
municipal waste combustors in accordance with section 111(d) and section 
129 of the Clean Air Act and subpart B of this part. The provisions in 
these emission guidelines apply instead of the provisions of Sec.  
60.24(f) of subpart B of this part.
    (b) The following authorities are retained by EPA:
    (1) Approval of exemption claims in Sec.  60.32b(b)(1), (d), (e), 
(f)(1), (i)(1);
    (2) Approval of a nitrogen oxides trading program under Sec.  
60.33b(d)(2);
    (3) Approval of major alternatives to test methods;
    (4) Approval of major alternatives to monitoring;
    (5) Waiver of recordkeeping; and
    (6) Performance test and data reduction waivers under Sec.  608(b).

[71 FR 27332, May 10, 2006]



Sec.  60.31b  Definitions.

    Terms used but not defined in this subpart have the meaning given 
them in the Clean Air Act and subparts A, B, and Eb of this part.
    EPA means the Administrator of the U.S. EPA or employee of the U.S. 
EPA who is delegated to perform the specified task.
    Municipal waste combustor plant means one or more designated 
facilities (as defined in Sec.  60.32b) at the same location.
    Semi-suspension refuse-derived fuel-fired combustor/wet refuse-
derived fuel process conversion means a combustion unit that was 
converted from a wet refuse-derived fuel process to a dry refuse-derived 
fuel process, and because

[[Page 105]]

of constraints in the design of the system, includes a low furnace 
height (less than 60 feet between the grate and the roof) and a high 
waste capacity-to-undergrate air zone ratio (greater than 300 tons of 
waste per day (tpd) fuel per each undergrate air zone).
    Spreader stoker fixed floor refuse-derived fuel-fired combustor/100 
percent coal capable means a spreader stoker type combustor with a fixed 
floor grate design that typically fires 100 percent refuse-derived fuel 
but is equipped to burn 100 percent coal instead of refuse-derived fuel 
to fulfill 100 percent steam or energy demand.

[60 FR 65415, Dec. 19, 1995, as amended at 62 FR 45119, 45125, Aug. 25, 
1997; 71 FR 27332, May 10, 2006]



Sec.  60.32b  Designated facilities.

    (a) The designated facility to which these guidelines apply is each 
municipal waste combustor unit with a combustion capacity greater than 
250 tons per day of municipal solid waste for which construction was 
commenced on or before September 20, 1994.
    (b) Any municipal waste combustion unit that is capable of 
combusting more than 250 tons per day of municipal solid waste and is 
subject to a federally enforceable permit limiting the maximum amount of 
municipal solid waste that may be combusted in the unit to less than or 
equal to 11 tons per day is not subject to this subpart if the owner or 
operator:
    (1) Notifies EPA of an exemption claim,
    (2) Provides a copy of the federally enforceable permit that limits 
the firing of municipal solid waste to less than 11 tons per day, and
    (3) Keeps records of the amount of municipal solid waste fired on a 
daily basis.
    (c) Physical or operational changes made to an existing municipal 
waste combustor unit primarily for the purpose of complying with 
emission guidelines under this subpart are not considered in determining 
whether the unit is a modified or reconstructed facility under subpart 
Ea or subpart Eb of this part.
    (d) A qualifying small power production facility, as defined in 
section 3(17)(C) of the Federal Power Act (16 U.S.C. 796(17)(C)), that 
burns homogeneous waste (such as automotive tires or used oil, but not 
including refuse-derived fuel) for the production of electric energy is 
not subject to this subpart if the owner or operator of the facility 
notifies EPA of this exemption and provides data documenting that the 
facility qualifies for this exemption.
    (e) A qualifying cogeneration facility, as defined in section 
3(18)(B) of the Federal Power Act (16 U.S.C. 796(18)(B)), that burns 
homogeneous waste (such as automotive tires or used oil, but not 
including refuse-derived fuel) for the production of electric energy and 
steam or forms of useful energy (such as heat) that are used for 
industrial, commercial, heating, or cooling purposes, is not subject to 
this subpart if the owner or operator of the facility notifies EPA of 
this exemption and provides data documenting that the facility qualifies 
for this exemption.
    (f) Any unit combusting a single-item waste stream of tires is not 
subject to this subpart if the owner or operator of the unit:
    (1) Notifies EPA of an exemption claim, and
    (2) Provides data documenting that the unit qualifies for this 
exemption.
    (g) Any unit required to have a permit under section 3005 of the 
Solid Waste Disposal Act is not subject to this subpart.
    (h) Any materials recovery facility (including primary or secondary 
smelters) that combusts waste for the primary purpose of recovering 
metals is not subject to this subpart.
    (i) Any cofired combustor, as defined under Sec.  60.51b of subpart 
Eb of this part, that meets the capacity specifications in paragraph (a) 
of this section is not subject to this subpart if the owner or operator 
of the cofired combustor:
    (1) Notifies EPA of an exemption claim,
    (2) Provides a copy of the federally enforceable permit (specified 
in the definition of cofired combustor in this section), and
    (3) Keeps a record on a calendar quarter basis of the weight of 
municipal solid waste combusted at the cofired combustor and the weight 
of all other

[[Page 106]]

fuels combusted at the cofired combustor.
    (j) Air curtain incinerators, as defined under Sec.  60.51b of 
subpart Eb of this part, that meet the capacity specifications in 
paragraph (a) of this section, and that combust a fuel stream composed 
of 100 percent yard waste are exempt from all provisions of this subpart 
except the opacity standard under Sec.  60.37b, the testing procedures 
under Sec.  60.38b, and the reporting and recordkeeping provisions under 
Sec.  60.39b.
    (k) Air curtain incinerators that meet the capacity specifications 
in paragraph (a) of this section and that combust municipal solid waste 
other than yard waste are subject to all provisions of this subpart.
    (l) Pyrolysis/combustion units that are an integrated part of a 
plastics/rubber recycling unit (as defined in Sec.  60.51b) are not 
subject to this subpart if the owner or operator of the plastics/rubber 
recycling unit keeps records of the weight of plastics, rubber, and/or 
rubber tires processed on a calendar quarter basis; the weight of 
chemical plant feedstocks and petroleum refinery feedstocks produced and 
marketed on a calendar quarter basis; and the name and address of the 
purchaser of the feedstocks. The combustion of gasoline, diesel fuel, 
jet fuel, fuel oils, residual oil, refinery gas, petroleum coke, 
liquified petroleum gas, propane, or butane produced by chemical plants 
or petroleum refineries that use feedstocks produced by plastics/rubber 
recycling units are not subject to this subpart.
    (m) Cement kilns firing municipal solid waste are not subject to 
this subpart.
    (n) Any affected facility meeting the applicability requirements 
under this section is not subject to subpart E of this part.

[60 FR 65415, Dec. 19, 1995, as amended at 62 FR 45119, 45125, Aug. 25, 
1997; 71 FR 27332, May 10, 2006]



Sec.  60.33b  Emission guidelines for municipal waste combustor metals,
acid gases, organics, and nitrogen oxides.

    (a) The emission limits for municipal waste combustor metals are 
specified in paragraphs (a)(1) through (a)(3) of this section.
    (1) For approval, a State plan shall include emission limits for 
particulate matter and opacity at least as protective as the emission 
limits for particulate matter and opacity specified in paragraphs 
(a)(1)(i) through (a)(1)(iii) of this section.
    (i) Before April 28, 2009, the emission limit for particulate matter 
contained in the gases discharged to the atmosphere from a designated 
facility is 27 milligrams per dry standard cubic meter, corrected to 7 
percent oxygen. On and after April 28, 2009, the emission limit for 
particulate matter contained in the gases discharged to the atmosphere 
from a designated facility is 25 milligrams per dry standard cubic 
meter, corrected to 7 percent oxygen.
    (ii) [Reserved]
    (iii) The emission limit for opacity exhibited by the gases 
discharged to the atmosphere from a designated facility is 10 percent 
(6-minute average).
    (2) For approval, a State plan shall include emission limits for 
cadmium at least as protective as the emission limits for cadmium 
specified in paragraphs (a)(2)(i) through (a)(2)(iv) of this section.
    (i) Before April 28, 2009, the emission limit for cadmium contained 
in the gases discharged to the atmosphere from a designated facility is 
40 micrograms per dry standard cubic meter, corrected to 7 percent 
oxygen. On and after April 28, 2009, the emission limit for cadmium 
contained in the gases discharged to the atmosphere from a designated 
facility is 35 micrograms per dry standard cubic meter, corrected to 7 
percent oxygen.
    (ii) [Reserved]
    (3) For approval, a State plan shall include emission limits for 
mercury at least as protective as the emission limits specified in this 
paragraph. Before April 28, 2009, the emission limit for mercury 
contained in the gases discharged to the atmosphere from a designated 
facility is 80 micrograms per dry standard cubic meter or 15 percent of 
the potential mercury emission concentration (85-percent reduction by 
weight), corrected to 7 percent oxygen, whichever is less stringent. On 
and after April 28, 2009, the emission limit

[[Page 107]]

for mercury contained in the gases discharged to the atmosphere from a 
designated facility is 50 micrograms per dry standard cubic meter or 15 
percent of the potential mercury emission concentration (85-percent 
reduction by weight), corrected to 7 percent oxygen, whichever is less 
stringent.
    (4) For approval, a State plan shall include an emission limit for 
lead at least as protective as the emission limit for lead specified in 
this paragraph. Before April 28, 2009, the emission limit for lead 
contained in the gases discharged to the atmosphere from a designated 
facility is 440 micrograms per dry standard cubic meter, corrected to 7 
percent oxygen. On and after April 28, 2009, the emission limit for lead 
contained in the gases discharged to the atmosphere from a designated 
facility is 400 micrograms per dry standard cubic meter, corrected to 7 
percent oxygen.
    (b) The emission limits for municipal waste combustor acid gases, 
expressed as sulfur dioxide and hydrogen chloride, are specified in 
paragraphs (b)(1) and (b)(2) of this section.
    (1) For approval, a State plan shall include emission limits for 
sulfur dioxide at least as protective as the emission limits for sulfur 
dioxide specified in paragraphs (b)(1)(i) and (b)(1)(ii) of this 
section.
    (i) The emission limit for sulfur dioxide contained in the gases 
discharged to the atmosphere from a designated facility is 31 parts per 
million by volume or 25 percent of the potential sulfur dioxide emission 
concentration (75-percent reduction by weight or volume), corrected to 7 
percent oxygen (dry basis), whichever is less stringent. Compliance with 
this emission limit is based on a 24-hour daily geometric mean.
    (ii) [Reserved]
    (2) For approval, a State plan shall include emission limits for 
hydrogen chloride at least as protective as the emission limits for 
hydrogen chloride specified in paragraphs (b)(2)(i) and (b)(2)(ii) of 
this section.
    (i) The emission limit for hydrogen chloride contained in the gases 
discharged to the atmosphere from a designated facility is 31 parts per 
million by volume or 5 percent of the potential hydrogen chloride 
emission concentration (95-percent reduction by weight or volume), 
corrected to 7 percent oxygen (dry basis), whichever is less stringent.
    (ii) [Reserved]
    (3) For approval, a State plan shall be submitted by August 25, 1998 
and shall include emission limits for sulfur dioxide and hydrogen 
chloride at least as protective as the emission limits specified in 
paragraphs (b)(3)(i) and (b)(3)(ii) of this section.
    (i) The emission limit for sulfur dioxide contained in the gases 
discharged to the atmosphere from a designated facility is 29 parts per 
million by volume or 25 percent of the potential sulfur dioxide emission 
concentration (75-percent reduction by weight or volume), corrected to 7 
percent oxygen (dry basis), whichever is less stringent. Compliance with 
this emission limit is based on a 24-hour daily geometric mean.
    (ii) The emission limit for hydrogen chloride contained in the gases 
discharged to the atmosphere from a designated facility is 29 parts per 
million by volume or 5 percent of the potential hydrogen chloride 
emission concentration (95-percent reduction by weight or volume), 
corrected to 7 percent oxygen (dry basis), whichever is less stringent.
    (c) The emission limits for municipal waste combustor organics, 
expressed as total mass dioxin/furan, are specified in paragraphs (c)(1) 
and (c)(2) of this section.
    (1) For approval, a State plan shall include an emission limit for 
dioxin/furan contained in the gases discharged to the atmosphere from a 
designated facility at least as protective as the emission limit for 
dioxin/furan specified in paragraphs (c)(1)(i), (c)(1)(ii), and 
(c)(1)(iii) of this section, as applicable.
    (i) Before April 28, 2009, the emission limit for designated 
facilities that employ an electrostatic precipitator-based emission 
control system is 60 nanograms per dry standard cubic meter (total 
mass), corrected to 7 percent oxygen.
    (ii) On and after April 28, 2009, the emission limit for designated 
facilities that employ an electrostatic precipitator-based emission 
control system is 35 nanograms per dry standard cubic

[[Page 108]]

meter (total mass), corrected to 7 percent oxygen.
    (iii) The emission limit for designated facilities that do not 
employ an electrostatic precipitator-based emission control system is 30 
nanograms per dry standard cubic meter (total mass), corrected to 7 
percent oxygen.
    (d) For approval, a State plan shall include emission limits for 
nitrogen oxides at least as protective as the emission limits listed in 
table 1 of this subpart for designated facilities. table 1 provides 
emission limits for the nitrogen oxides concentration level for each 
type of designated facility.
    (1) A State plan may allow nitrogen oxides emissions averaging as 
specified in paragraphs (d)(1)(i) through (d)(1)(v) of this section.
    (i) The owner or operator of a municipal waste combustor plant may 
elect to implement a nitrogen oxides emissions averaging plan for the 
designated facilities that are located at that plant and that are 
subject to subpart Cb, except as specified in paragraphs (d)(1)(i)(A) 
and (d)(1)(i)(B) of this section.
    (A) Municipal waste combustor units subject to subpart Ea or Eb 
cannot be included in the emissions averaging plan.
    (B) Mass burn refractory municipal waste combustor units and other 
municipal waste combustor technologies not listed in paragraph 
(d)(1)(iii) of this section may not be included in the emissions 
averaging plan.
    (ii) The designated facilities included in the nitrogen oxides 
emissions averaging plan must be identified in the initial compliance 
report specified in Sec.  60.59b(f) or in the annual report specified in 
Sec.  60.59b(g), as applicable, prior to implementing the averaging 
plan. The designated facilities being included in the averaging plan may 
be redesignated each calendar year. Partial year redesignation is 
allowable with State approval.
    (iii) To implement the emissions averaging plan, the average daily 
(24-hour) nitrogen oxides emission concentration level for gases 
discharged from the designated facilities being included in the 
emissions averaging plan must be no greater than the levels specified in 
table 2 of this subpart. table 2 provides emission limits for the 
nitrogen oxides concentration level for each type of designated 
facility.
    (iv) Under the emissions averaging plan, the average daily nitrogen 
oxides emissions specified in paragraph (d)(1)(iii) of this section 
shall be calculated using equation (1). Designated facilities that are 
offline shall not be included in calculating the average daily nitrogen 
oxides emission level.
[GRAPHIC] [TIFF OMITTED] TR19DE95.000

where:

NOX 24-hr = 24-hr daily average nitrogen oxides emission 
          concentration level for the emissions averaging plan (parts 
          per million by volume corrected to 7 percent oxygen).
NOX i-hr = 24-hr daily average nitrogen oxides emission 
          concentration level for designated facility i (parts per 
          million by volume, corrected to 7 percent oxygen), calculated 
          according to the procedures in Sec.  60.58b(h) of this 
          subpart.
Si = maximum demonstrated municipal waste combustor unit load 
          for designated facility i (pounds per hour steam or feedwater 
          flow as determined in the most recent dioxin/furan performance 
          test).
h = total number of designated facilities being included in the daily 
          emissions average.

    (v) For any day in which any designated facility included in the 
emissions averaging plan is offline, the owner or operator of the 
municipal waste combustor plant must demonstrate compliance according to 
either paragraph (d)(1)(v)(A) of this section or both paragraphs 
(d)(1)(v)(B) and (d)(1)(v)(C) of this section.
    (A) Compliance with the applicable limits specified in table 2 of 
this subpart shall be demonstrated using the averaging procedure 
specified in paragraph (d)(1)(iv) of this section for the designated 
facilities that are online.
    (B) For each of the designated facilities included in the emissions 
averaging plan, the nitrogen oxides emissions on a daily average basis 
shall be calculated and shall be equal to or less

[[Page 109]]

than the maximum daily nitrogen oxides emission level achieved by that 
designated facility on any of the days during which the emissions 
averaging plan was achieved with all designated facilities online during 
the most recent calendar quarter. The requirements of this paragraph do 
not apply during the first quarter of operation under the emissions 
averaging plan.
    (C) The average nitrogen oxides emissions (kilograms per day) 
calculated according to paragraph (d)(1)(v)(C)(2) of this section shall 
not exceed the average nitrogen oxides emissions (kilograms per day) 
calculated according to paragraph (d)(1)(v)(C)(1) of this section.
    (1) For all days during which the emissions averaging plan was 
implemented and achieved and during which all designated facilities were 
online, the average nitrogen oxides emissions shall be calculated. The 
average nitrogen oxides emissions (kilograms per day) shall be 
calculated on a calendar year basis according to paragraphs 
(d)(1)(v)(C)(1)(i) through (d)(1)(v)(C)(1)(iii) of this section.
    (i) For each designated facility included in the emissions averaging 
plan, the daily amount of nitrogen oxides emitted (kilograms per day) 
shall be calculated based on the hourly nitrogen oxides data required 
under Sec.  60.38b(a) and specified under Sec.  60.58b(h)(5) of subpart 
Eb of this part, the flue gas flow rate determined using table 19-1 of 
EPA Reference Method 19 or a State-approved method, and the hourly 
average steam or feedwater flow rate.
    (ii) The daily total nitrogen oxides emissions shall be calculated 
as the sum of the daily nitrogen oxides emissions from each designated 
facility calculated under paragraph (d)(1)(v)(C)(1)(i) of this section.
    (iii) The average nitrogen oxides emissions (kilograms per day) on a 
calendar year basis shall be calculated as the sum of all daily total 
nitrogen oxides emissions calculated under paragraph (d)(1)(v)(C)(1)(ii) 
of this section divided by the number of calendar days for which a daily 
total was calculated.
    (2) For all days during which one or more of the designated 
facilities under the emissions averaging plan was offline, the average 
nitrogen oxides emissions shall be calculated. The average nitrogen 
oxides emissions (kilograms per day) shall be calculated on a calendar 
year basis according to paragraphs (d)(1)(v)(C)(2)(i) through 
(d)(1)(v)(C)(2)(iii) of this section.
    (i) For each designated facility included in the emissions averaging 
plan, the daily amount of nitrogen oxides emitted (kilograms per day) 
shall be calculated based on the hourly nitrogen oxides data required 
under Sec.  60.38b(a) and specified under Sec.  60.58b(h)(5) of subpart 
Eb of this part, the flue gas flow rate determined using table 19-1 of 
EPA Reference Method 19 or a State-approved method, and the hourly 
average steam or feedwater flow rate.
    (ii) The daily total nitrogen oxides emissions shall be calculated 
as the sum of the daily nitrogen oxides emissions from each designated 
facility calculated under paragraph (d)(1)(v)(C)(2)(i) of this section.
    (iii) The average nitrogen oxides emissions (kilograms per day) on a 
calendar year basis shall be calculated as the sum of all daily total 
nitrogen oxides emissions calculated under paragraph (d)(1)(v)(C)(2)(ii) 
of this section divided by the number of calendar days for which a daily 
total was calculated.
    (2) A State plan may establish a program to allow owners or 
operators of municipal waste combustor plants to engage in trading of 
nitrogen oxides emission credits. A trading program must be approved by 
EPA before implementation.
    (3) For approval, a State plan shall include emission limits for 
nitrogen oxides from fluidized bed combustors at least as protective as 
the emission limits listed in paragraphs (d)(3)(i) and (d)(3)(ii) of 
this section.
    (i) The emission limit for nitrogen oxides contained in the gases 
discharged to the atmosphere from a designated facility that is a 
fluidized bed combustor is 180 parts per million by volume, corrected to 
7 percent oxygen.
    (ii) If a State plan allows nitrogen oxides emissions averaging as 
specified in paragraphs (d)(1)(i) through (d)(1)(v) of this section, the 
emission limit for nitrogen oxides contained in the gases discharged to 
the atmosphere from a designated facility that is a fluidized

[[Page 110]]

bed combustor is 165 parts per million by volume, corrected to 7 percent 
oxygen.

[60 FR 65415, Dec. 19, 1995, as amended at 62 FR 45119, 45125, Aug. 25, 
1997; 71 FR 27333, May 10, 2006]



Sec.  60.34b  Emission guidelines for municipal waste combustor 
operating practices.

    (a) For approval, a State plan shall include emission limits for 
carbon monoxide at least as protective as the emission limits for carbon 
monoxide listed in table 3 of this subpart. table 3 provides emission 
limits for the carbon monoxide concentration level for each type of 
designated facility.
    (b) For approval, a State plan shall include requirements for 
municipal waste combustor operating practices at least as protective as 
those requirements listed in Sec.  60.53b(b) and (c) of subpart Eb of 
this part.

[60 FR 65415, Dec. 19, 1995, as amended at 62 FR 45120, 45125, Aug. 25, 
1997; 69 FR 42121, July 14, 2004; 71 FR 27333, May 10, 2006]



Sec.  60.35b  Emission guidelines for municipal waste combustor operator
training and certification.

    For approval, a State plan shall include requirements for designated 
facilities for municipal waste combustor operator training and 
certification at least as protective as those requirements listed in 
Sec.  60.54b of subpart Eb of this part. The State plan shall require 
compliance with these requirements according to the schedule specified 
in Sec.  60.39b(c)(4).

[60 FR 65415, Dec. 19, 1995, as amended at 62 FR 45120, Aug. 25, 1997]



Sec.  60.36b  Emission guidelines for municipal waste combustor fugitive
ash emissions.

    For approval, a State plan shall include requirements for municipal 
waste combustor fugitive ash emissions at least as protective as those 
requirements listed in Sec.  60.55b of subpart Eb of this part.



Sec.  60.37b  Emission guidelines for air curtain incinerators.

    For approval, a State plan shall include emission limits for opacity 
for air curtain incinerators at least as protective as those listed in 
Sec.  60.56b of subpart Eb of this part.



Sec.  60.38b  Compliance and performance testing.

    (a) For approval, a State plan shall include the performance testing 
methods listed in Sec.  60.58b of subpart Eb of this part, as 
applicable, except as provided for under Sec.  60.24(b)(2) of subpart B 
of this part and paragraphs (b) and (c) of this section.
    (b) For approval, a State plan shall include for designated 
facilities the alternative performance testing schedule for dioxins/
furans specified in Sec.  60.58b(g)(5)(iii) of subpart Eb of this part, 
as applicable, for those designated facilities that achieve a dioxin/
furan emission level less than or equal to 15 nanograms per dry standard 
cubic meter total mass, corrected to 7 percent oxygen.
    (c) [Reserved]

[60 FR 65415, Dec. 19, 1995, as amended at 62 FR 45120, Aug. 25, 1997]



Sec.  60.39b  Reporting and recordkeeping guidelines and compliance
schedules.

    (a) For approval, a State plan shall include the reporting and 
recordkeeping provisions listed in Sec.  60.59b of subpart Eb of this 
part, as applicable, except for the siting requirements under Sec.  
60.59b(a), (b)(5), and (d)(11) of subpart Eb of this part.
    (b) Except as provided in paragraph (e) of this section, not later 
than December 19, 1996, each State in which a designated facility is 
located shall submit to EPA a plan to implement and enforce all 
provisions of this subpart except the revised April 28, 2009 emission 
limits in Sec.  60.33b(a), (c), and (d). Not later than April 28, 2007, 
each State in which a designated facility is located shall submit to EPA 
a plan to implement and enforce all provisions of this subpart, as 
amended on May 10, 2006. The submittal schedule specified in this 
paragraph is in accordance with section 129(b)(2) of the Clean Air Act 
and applies instead of the schedule provided in Sec.  60.23(a)(1) of 
subpart B of this part.
    (c) For approval, a State plan that is submitted prior to May 10, 
2006 shall

[[Page 111]]

include the compliance schedules specified in paragraphs (c)(1) through 
(c)(5) of this section.
    (1) A State plan shall allow designated facilities to comply with 
all requirements of a State plan (or close) within 1 year after approval 
of the State plan, except as provided by paragraph (c)(1)(i) and 
(c)(1)(ii) of this section.
    (i) A State plan that allows designated facilities more than 1 year 
but less than 3 years following the date of issuance of a revised 
construction or operation permit, if a permit modification is required, 
or more than 1 year but less than 3 years following approval of the 
State plan, if a permit modification is not required, shall include 
measurable and enforceable incremental steps of progress toward 
compliance. Suggested measurable and enforceable activities are 
specified in paragraphs (c)(1)(i)(A) through (c)(1)(i)(J) of this 
section.
    (A) Date for obtaining services of an architectural and engineering 
firm regarding the air pollution control device(s);
    (B) Date for obtaining design drawings of the air pollution control 
device(s);
    (C) Date for submittal of permit modifications, if necessary;
    (D) Date for submittal of the final control plan to the 
Administrator. [Sec.  60.21 (h)(1) of subpart B of this part.];
    (E) Date for ordering the air pollution control device(s);
    (F) Date for obtaining the major components of the air pollution 
control device(s);
    (G) Date for initiation of site preparation for installation of the 
air pollution control device(s);
    (H) Date for initiation of installation of the air pollution control 
device(s);
    (I) Date for initial startup of the air pollution control device(s); 
and
    (J) Date for initial performance test(s) of the air pollution 
control device(s).
    (ii) A State plan that allows designated facilities more than 1 year 
but up to 3 years after State plan approval to close shall require a 
closure agreement. The closure agreement must include the date of plant 
closure.
    (2) If the State plan requirements for a designated facility include 
a compliance schedule longer than 1 year after approval of the State 
plan in accordance with paragraph (c)(1)(i) or (c)(1)(ii) of this 
section, the State plan submittal (for approval) shall include 
performance test results for dioxin/furan emissions for each designated 
facility that has a compliance schedule longer than 1 year following the 
approval of the State plan, and the performance test results shall have 
been conducted during or after 1990. The performance test shall be 
conducted according to the procedures in Sec.  60.38b.
    (3) [Reserved]
    (4) A State plan shall require compliance with the municipal waste 
combustor operator training and certification requirements under Sec.  
60.35b according to the schedule specified in paragraphs (c)(4)(i) 
through (c)(4)(iii) of this section.
    (i) [Reserved]
    (ii) For designated facilities, the State plan shall require 
compliance with the municipal waste combustor operator training and 
certification requirements specified under Sec.  60.54b (a) through (c) 
of subpart Eb of this part by the date 6 months after the date of 
startup or 12 months after State plan approval, whichever is later.
    (iii) For designated facilities, the State plan shall require 
compliance with the requirements specified in Sec.  60.54b (d), (f), and 
(g) of subpart Eb of this part no later than 6 months after startup or 
12 months after State plan approval, whichever is later.
    (A) The requirement specified in Sec.  60.54b(d) of subpart Eb of 
this part does not apply to chief facility operators, shift supervisors, 
and control room operators who have obtained full certification from the 
American Society of Mechanical Engineers on or before the date of State 
plan approval.
    (B) The owner or operator of a designated facility may request that 
the Administrator waive the requirement specified in Sec.  60.54b(d) of 
subpart Eb of this part for chief facility operators, shift supervisors, 
and control room operators who have obtained provisional

[[Page 112]]

certification from the American Society of Mechanical Engineers on or 
before the initial date of State plan approval.
    (C) The initial training requirements specified in Sec.  
60.54b(f)(1) of subpart Eb of this part shall be completed no later than 
the date specified in paragraph (c)(4)(iii)(C)(1), (c)(4)(iii)(C)(2), or 
(c)(4)(iii)(C)(3), of this section whichever is later.
    (1) The date 6 months after the date of startup of the affected 
facility;
    (2) Twelve months after State plan approval; or
    (3) The date prior to the day when the person assumes 
responsibilities affecting municipal waste combustor unit operation.
    (5) A State plan shall require all designated facilities for which 
construction, modification, or reconstruction is commenced after June 
26, 1987 to comply with the emission limit for mercury specified in 
Sec.  60.33b(a)(3) and the emission limit for dioxins/furans specified 
in Sec.  60.33b(c)(1) within 1 year following issuance of a revised 
construction or operation permit, if a permit modification is required, 
or within 1 year following approval of the State plan, whichever is 
later.
    (d) In the event no plan for implementing the emission guidelines is 
approved by EPA, all designated facilities meeting the applicability 
requirements under Sec.  60.32b shall be in compliance with all of the 
guidelines, except those specified under Sec.  60.33b (a)(4), (b)(3), 
and (d)(3), no later than December 19, 2000.
    (e) Not later than August 25, 1998, each State in which a designated 
facility is operating shall submit to EPA a plan to implement and 
enforce all provisions of this subpart specified in Sec.  60.33b(b)(3) 
and (d)(3) and the emission limit in paragraph (a)(4) that applies 
before April 28, 2009.
    (f) In the event no plan for implementing the emission guidelines is 
approved by EPA, all designated facilities meeting the applicability 
requirements under Sec.  60.32b shall be in compliance with all of the 
guidelines, including those specified under Sec.  60.33b (a)(4), (b)(3), 
and (d)(3), no later than August 26, 2002.
    (g) For approval, a revised State plan submitted not later than 
April 28, 2007 in accordance with paragraph (b) of this section, shall 
include compliance schedules for meeting the revised April 28, 2009 
emission limits in Sec.  60.33b(a), (c), and (d) and the revised testing 
provisions in Sec.  60.38b(b).
    (1) Compliance with the revised April 28, 2009 emission limits is 
required as expeditiously as practicable, but no later than April 28, 
2009, except as provided in paragraph (g)(2) of this section.
    (2) The owner or operator of an affected facility who is planning an 
extensive emission control system upgrade may petition the Administrator 
for a longer compliance schedule and must demonstrate to the 
satisfaction of the Administrator the need for the additional time. If 
approved, the schedule may exceed the schedule in paragraph (g)(1) of 
this section, but cannot exceed May 10, 2011.
    (h) In the event no plan for implementing the emission guidelines is 
approved by EPA, all designated facilities meeting the applicability 
requirements under Sec.  60.32b shall be in compliance with all of the 
guidelines, including the revised April 28, 2009 emission limits in 
Sec. Sec.  60.33b(a), (b), (c), (d), and 60.34b(a), and the revised 
testing provisions in Sec.  60.38b(b), no later than May 10, 2011.

[60 FR 65415, Dec. 19, 1995, as amended at 62 FR 45120, 45125, Aug. 25, 
1997; 71 FR 27333, May 10, 2006]



 Sec. Table 1 to Subpart Cb of Part 60--Nitrogen Oxides Guidelines for 
                          Designated Facilities

------------------------------------------------------------------------
                                   Before April 28,   On and after April
                                    2009, nitrogen    28, 2009, nitrogen
    Municipal waste combustor       oxides emission     oxides emission
           technology              limit (parts per    limit (parts per
                                  million by volume)  million by volume)
                                          \a\                 \a\
------------------------------------------------------------------------
Mass burn waterwall.............  205...............  205.
Mass burn rotary waterwall......  250...............  210.
Refuse-derived fuel combustor...  250...............  250.
Fluidized bed combustor.........  180...............  180.

[[Page 113]]

 
Mass burn refractory combustors.  No limit..........  No limit.
------------------------------------------------------------------------
\a\ Corrected to 7 percent oxygen, dry basis.


[71 FR 27334, May 10, 2006]



   Sec. Table 2 to Subpart Cb of Part 60--Nitrogen Oxides Limits for 
 Existing Designated Facilities Included in an Emissions Averaging Plan 
                at a Municipal Waste Combustor Plant \b\

------------------------------------------------------------------------
                                   Before April 28,   On and after April
                                    2009, nitrogen    28, 2009, nitrogen
    Municipal waste combustor       oxides emission     oxides emission
           technology              limit (parts per    limit (parts per
                                  million by volume)  million by volume)
                                          \b\                 \a\
------------------------------------------------------------------------
Mass burn waterwall.............  185...............  185
Mass burn rotary waterwall......  220...............  190
Refuse-derived fuel combustor...  230...............  230
Fluidized bed combustor.........  165...............  165
------------------------------------------------------------------------
\a\ Mass burn refractory municipal waste combustors and other MWC
  technologies not listed above may not be included in an emissions
  averaging plan.
\b\ Corrected to 7 percent oxygen, dry basis.


[71 FR 27334, May 10, 2006]



    Sec. Table 3 to Subpart Cb of Part 60--Municipal Waste Combustor 
                          Operating Guidelines

------------------------------------------------------------------------
                                    Carbon monoxide
    Municipal waste combustor      emissions levels     Averaging time
           technology             (parts per million       (hrs) \b\
                                    by volume) \a\
------------------------------------------------------------------------
Mass burn waterwall.............  100...............  4
Mass burn refractory............  100...............  4
Mass burn rotary refractory.....  100...............  24
Mass burn rotary waterwall......  250...............  24
Modular starved air.............  50................  4
Modular excess air..............  50................  4
Refuse-derived fuel stoker......  200...............  24
Fluidized bed, mixed fuel (wood/  200...............  \c\ 24
 refuse-derived fuel).
Bubbling fluidized bed combustor  100...............  4
Circulating fluidized bed         100...............  4
 combustor.
Pulverized coal/refuse-derived    150...............  4
 fuel mixed fuel-fired combustor.
Spreader stoker coal/refuse-      200...............  24
 derived fuel mixed fuel-fired
 combustor.
Semi-suspension refuse-derived    250...............  \c\ 24
 fuel-fired combustor/wet refuse-
 derived fuel process conversion.
Spreader stoker fixed floor       250...............  \c\ 24
 refuse-derived fuel-fired
 combustor/100 percent coal
 capable.
------------------------------------------------------------------------
\a\ Measured at the combustor outlet in conjunction with a measurement
  of oxygen concentration, corrected to 7 percent oxygen, dry basis.
  Calculated as an arithmetic average.
\b\ Averaging times are 4-hour or 24-hour block averages.
\c\ 24-hour block average, geometric mean.


[71 FR 27334, May 10, 2006]



Subpart Cc_Emission Guidelines and Compliance Times for Municipal Solid 
                             Waste Landfills

    Source: 61 FR 9919, Mar. 12, 1996, unless otherwise noted.



Sec.  60.30c  Scope.

    This subpart contains emission guidelines and compliance times for 
the control of certain designated pollutants from certain designated 
municipal solid waste landfills in accordance with section 111(d) of the 
Act and subpart B.

[[Page 114]]



Sec.  60.31c  Definitions.

    Terms used but not defined in this subpart have the meaning given 
them in the Act and in subparts A, B, and WWW of this part.
    Municipal solid waste landfill or MSW landfill means an entire 
disposal facility in a contiguous geographical space where household 
waste is placed in or on land. An MSW landfill may also receive other 
types of RCRA Subtitle D wastes such as commercial solid waste, 
nonhazardous sludge, conditionally exempt small quantity generator 
waste, and industrial solid waste. Portions of an MSW landfill may be 
separated by access roads. An MSW landfill may be publicly or privately 
owned. An MSW landfill may be a new MSW landfill, an existing MSW 
landfill or a lateral expansion.



Sec.  60.32c  Designated facilities.

    (a) The designated facility to which the guidelines apply is each 
existing MSW landfill for which construction, reconstruction or 
modification was commenced before May 30, 1991.
    (b) Physical or operational changes made to an existing MSW landfill 
solely to comply with an emission guideline are not considered a 
modification or reconstruction and would not subject an existing MSW 
landfill to the requirements of subpart WWW [see Sec.  60.750 of subpart 
WWW].
    (c) For purposes of obtaining an operating permit under title V of 
the Act, the owner or operator of a MSW landfill subject to this subpart 
with a design capacity less than 2.5 million megagrams or 2.5 million 
cubic meters is not subject to the requirement to obtain an operating 
permit for the landfill under part 70 or 71 of this chapter, unless the 
landfill is otherwise subject to either part 70 or 71. For purposes of 
submitting a timely application for an operating permit under part 70 or 
71, the owner or operator of a MSW landfill subject to this subpart with 
a design capacity greater than or equal to 2.5 million megagrams and 2.5 
million cubic meters on the effective date of EPA approval of the 
State's program under section 111(d) of the Act, and not otherwise 
subject to either part 70 or 71, becomes subject to the requirements of 
Sec. Sec.  70.5(a)(1)(i) or 71.5(a)(1)(i) of this chapter 90 days after 
the effective date of such 111(d) program approval, even if the design 
capacity report is submitted earlier.
    (d) When a MSW landfill subject to this subpart is closed, the owner 
or operator is no longer subject to the requirement to maintain an 
operating permit under part 70 or 71 of this chapter for the landfill if 
the landfill is not otherwise subject to the requirements of either part 
70 or 71 and if either of the following conditions are met.
    (1) The landfill was never subject to the requirement for a control 
system under Sec.  60.33c(c) of this subpart; or
    (2) The owner or operator meets the conditions for control system 
removal specified in Sec.  60.752(b)(2)(v) of subpart WWW.

[61 FR 9919, Mar. 12, 1996, as amended at 63 FR 32750, June 16, 1998]



Sec.  60.33c  Emission guidelines for municipal solid waste landfill
emissions.

    (a) For approval, a State plan shall include control of MSW landfill 
emissions at each MSW landfill meeting the following three conditions:
    (1) The landfill has accepted waste at any time since November 8, 
1987, or has additional design capacity available for future waste 
deposition;
    (2) The landfill has a design capacity greater than or equal to 2.5 
million megagrams and 2.5 million cubic meters. The landfill may 
calculate design capacity in either megagrams or cubic meters for 
comparison with the exemption values. Any density conversions shall be 
documented and submitted with the design capacity report; and
    (3) The landfill has a nonmethane organic compound emission rate of 
50 megagrams per year or more.
    (b) For approval, a State plan shall include the installation of a 
collection and control system meeting the conditions provided in Sec.  
60.752(b)(2)(ii) of this part at each MSW landfill meeting the 
conditions in paragraph (a) of this section. The State plan shall 
include a process for State review and approval of the site-specific 
design plans for the gas collection and control system(s).
    (c) For approval, a State plan shall include provisions for the 
control of collected MSW landfill emissions

[[Page 115]]

through the use of control devices meeting the requirements of paragraph 
(c)(1), (2), or (3) of this section, except as provided in Sec.  60.24.
    (1) An open flare designed and operated in accordance with the 
parameters established in Sec.  60.18; or
    (2) A control system designed and operated to reduce NMOC by 98 
weight percent; or
    (3) An enclosed combustor designed and operated to reduce the outlet 
NMOC concentration to 20 parts per million as hexane by volume, dry 
basis at 3 percent oxygen, or less.
    (d) For approval, a State plan shall require each owner or operator 
of an MSW landfill having a design capacity less than 2.5 million 
megagrams by mass or 2.5 million cubic meters by volume to submit an 
initial design capacity report to the Administrator as provided in Sec.  
60.757(a)(2) of subpart WWW by the date specified in Sec.  60.35c of 
this subpart. The landfill may calculate design capacity in either 
megagrams or cubic meters for comparison with the exemption values. Any 
density conversions shall be documented and submitted with the report. 
Submittal of the initial design capacity report shall fulfill the 
requirements of this subpart except as provided in paragraph (d)(1) and 
(d)(2) of this section.
    (1) The owner or operator shall submit an amended design capacity 
report as provided in Sec.  60.757(a)(3) of subpart WWW. [Guidance: Note 
that if the design capacity increase is the result of a modification, as 
defined in Sec.  60.751 of subpart WWW, that was commenced on or after 
May 30, 1991, the landfill will become subject to subpart WWW instead of 
this subpart. If the design capacity increase is the result of a change 
in operating practices, density, or some other change that is not a 
modification, the landfill remains subject to this subpart.]
    (2) When an increase in the maximum design capacity of a landfill 
with an initial design capacity less than 2.5 million megagrams or 2.5 
million cubic meters results in a revised maximum design capacity equal 
to or greater than 2.5 million megagrams and 2.5 million cubic meters, 
the owner or operator shall comply with paragraph (e) of this section.
    (e) For approval, a State plan shall require each owner or operator 
of an MSW landfill having a design capacity equal to or greater than 2.5 
million megagrams and 2.5 million cubic meters to either install a 
collection and control system as provided in paragraph (b) of this 
section and Sec.  60.752(b)(2) of subpart WWW or calculate an initial 
NMOC emission rate for the landfill using the procedures specified in 
Sec.  60.34c of this subpart and Sec.  60.754 of subpart WWW. The NMOC 
emission rate shall be recalculated annually, except as provided in 
Sec.  60.757(b)(1)(ii) of subpart WWW.
    (1) If the calculated NMOC emission rate is less than 50 megagrams 
per year, the owner or operator shall:
    (i) Submit an annual emission report, except as provided for in 
Sec.  60.757(b)(1)(ii); and
    (ii) Recalculate the NMOC emission rate annually using the 
procedures specified in Sec.  60.754(a)(1) of subpart WWW until such 
time as the calculated NMOC emission rate is equal to or greater than 50 
megagrams per year, or the landfill is closed.
    (2)(i) If the NMOC emission rate, upon initial calculation or annual 
recalculation required in paragraph (e)(1)(ii) of this section, is equal 
to or greater than 50 megagrams per year, the owner or operator shall 
install a collection and control system as provided in paragraph (b) of 
this section and Sec.  60.752(b)(2) of subpart WWW.
    (ii) If the landfill is permanently closed, a closure notification 
shall be submitted to the Administrator as provided in Sec.  60.35c of 
this subpart and Sec.  60.757(d) of subpart WWW.

[61 FR 9919, Mar. 12, 1996, as amended at 63 FR 32750, June 16, 1998; 64 
FR 9261, Feb. 24, 1999]



Sec.  60.34c  Test methods and procedures.

    For approval, a State plan shall include provisions for: the 
calculation of the landfill NMOC emission rate listed in Sec.  60.754, 
as applicable, to determine whether the landfill meets the condition in 
Sec.  60.33c(a)(3); the operational standards in Sec.  60.753; the 
compliance provisions in Sec.  60.755; and the monitoring provisions in 
Sec.  60.756.

[[Page 116]]



Sec.  60.35c  Reporting and recordkeeping guidelines.

    For approval, a State plan shall include the recordkeeping and 
reporting provisions listed in Sec. Sec.  60.757 and 60.758, as 
applicable, except as provided under Sec.  60.24.
    (a) For existing MSW landfills subject to this subpart the initial 
design capacity report shall be submitted no later than 90 days after 
the effective date of EPA approval of the State's plan under section 
111(d) of the Act.
    (b) For existing MSW landfills covered by this subpart with a design 
capacity equal to or greater than 2.5 million megagrams and 2.5 million 
cubic meters, the initial NMOC emission rate report shall be submitted 
no later than 90 days after the effective date of EPA approval of the 
State's plan under section 111(d) of the Act.

[61 FR 9919, Mar. 12, 1996, as amended at 64 FR 9262, Feb. 24, 1999]



Sec.  60.36c  Compliance times.

    (a) Except as provided for under paragraph (b) of this section, 
planning, awarding of contracts, and installation of MSW landfill air 
emission collection and control equipment capable of meeting the 
emission guidelines established under Sec.  60.33c shall be accomplished 
within 30 months after the date the initial NMOC emission rate report 
shows NMOC emissions equal or exceed 50 megagrams per year.
    (b) For each existing MSW landfill meeting the conditions in Sec.  
60.33c(a)(1) and Sec.  60.33c(a)(2) whose NMOC emission rate is less 
than 50 megagrams per year on the effective date of the State emission 
standard, installation of collection and control systems capable of 
meeting emission guidelines in Sec.  60.33c shall be accomplished within 
30 months of the date when the condition in Sec.  60.33c(a)(3) is met 
(i.e., the date of the first annual nonmethane organic compounds 
emission rate which equals or exceeds 50 megagrams per year).

[61 FR 9919, Mar. 12, 1996, as amended at 63 FR 32750, June 16, 1998]



 Subpart Cd_Emissions Guidelines and Compliance Times for Sulfuric Acid 
                            Production Units

    Source: 60 FR 65414, Dec. 19, 1995, unless otherwise noted.



Sec.  60.30d  Designated facilities.

    Sulfuric acid production units. The designated facility to which 
Sec. Sec.  60.31d and 60.32d apply is each existing ``sulfuric acid 
production unit'' as defined in Sec.  60.81(a) of subpart H of this 
part.



Sec.  60.31d  Emissions guidelines.

    Sulfuric acid production units. The emission guideline for 
designated facilities is 0.25 grams sulfuric acid mist (as measured by 
EPA Reference Method 8 of appendix A of this part) per kilogram (0.5 
pounds per ton) of sulfuric acid produced, the production being 
expressed as 100 percent sulfuric acid.



Sec.  60.32d  Compliance times.

    Sulfuric acid production units. Planning, awarding of contracts, and 
installation of equipment capable of attaining the level of the emission 
guideline established under Sec.  60.31d can be accomplished within 17 
months after the effective date of a State emission standard for 
sulfuric acid mist.



    Subpart Ce_Emission Guidelines and Compliance Times for Hospital/
                  Medical/Infectious Waste Incinerators

    Source: 62 FR 48379, Sept. 15, 1997, unless otherwise noted.



Sec.  60.30e  Scope.

    This subpart contains emission guidelines and compliance times for 
the control of certain designated pollutants from hospital/medical/
infectious waste incinerator(s) (HMIWI) in accordance with sections 111 
and 129 of the Clean Air Act and subpart B of this part. The provisions 
in these emission guidelines supersede the provisions of Sec.  60.24(f) 
of subpart B of this part.

[[Page 117]]



Sec.  60.31e  Definitions.

    Terms used but not defined in this subpart have the meaning given 
them in the Clean Air Act and in subparts A, B, and Ec of this part.
    Standard Metropolitan Statistical Area or SMSA means any areas 
listed in OMB Bulletin No. 93-17 entitled ``Revised Statistical 
Definitions for Metropolitan Areas'' dated June 30, 1993 (incorporated 
by reference, see Sec.  60.17).



Sec.  60.32e  Designated facilities.

    (a) Except as provided in paragraphs (b) through (h) of this 
section, the designated facility to which the guidelines apply is each 
individual HMIWI:
    (1) For which construction was commenced on or before June 20, 1996, 
or for which modification was commenced on or before March 16, 1998.
    (2) For which construction was commenced after June 20, 1996 but no 
later than December 1, 2008, or for which modification is commenced 
after March 16, 1998 but no later than April 6, 2010.
    (b) A combustor is not subject to this subpart during periods when 
only pathological waste, low-level radioactive waste, and/or 
chemotherapeutic waste (all defined in Sec.  60.51c) is burned, provided 
the owner or operator of the combustor:
    (1) Notifies the Administrator of an exemption claim; and
    (2) Keeps records on a calendar quarter basis of the periods of time 
when only pathological waste, low-level radioactive waste, and/or 
chemotherapeutic waste is burned.
    (c) Any co-fired combustor (defined in Sec.  60.51c) is not subject 
to this subpart if the owner or operator of the co-fired combustor:
    (1) Notifies the Administrator of an exemption claim;
    (2) Provides an estimate of the relative weight of hospital waste, 
medical/infectious waste, and other fuels and/or wastes to be combusted; 
and
    (3) Keeps records on a calendar quarter basis of the weight of 
hospital waste and medical/infectious waste combusted, and the weight of 
all other fuels and wastes combusted at the co-fired combustor.
    (d) Any combustor required to have a permit under Section 3005 of 
the Solid Waste Disposal Act is not subject to this subpart.
    (e) Any combustor which meets the applicability requirements under 
subpart Cb, Ea, or Eb of this part (standards or guidelines for certain 
municipal waste combustors) is not subject to this subpart.
    (f) Any pyrolysis unit (defined in Sec.  60.51c) is not subject to 
this subpart.
    (g) Cement kilns firing hospital waste and/or medical/infectious 
waste are not subject to this subpart.
    (h) Physical or operational changes made to an existing HMIWI unit 
solely for the purpose of complying with emission guidelines under this 
subpart are not considered a modification and do not result in an 
existing HMIWI unit becoming subject to the provisions of subpart Ec 
(see Sec.  60.50c).
    (i) Beginning September 15, 2000, or on the effective date of an EPA 
approved operating permit program under Clean Air Act title V and the 
implementing regulations under 40 CFR part 70 in the State in which the 
unit is located, whichever date is later, designated facilities subject 
to this subpart shall operate pursuant to a permit issued under the EPA-
approved operating permit program.
    (j) The requirements of this subpart as promulgated on September 15, 
1997, shall apply to the designated facilities defined in paragraph 
(a)(1) of this section until the applicable compliance date of the 
requirements of this subpart, as amended on October 6, 2009. Upon the 
compliance date of the requirements of this subpart, designated 
facilities as defined in paragraph (a)(1) of this section are no longer 
subject to the requirements of this subpart, as promulgated on September 
15, 1997, but are subject to the requirements of this subpart, as 
amended on October 6, 2009.
    (k) The authorities listed under Sec.  60.50c(i) shall be retained 
by the Administrator and not be transferred to a state.

[60 FR 65414, Dec. 19, 1995, as amended at 74 FR 51402, Oct. 6, 2009; 76 
FR 18412, Apr. 4, 2011]



Sec.  60.33e  Emissions guidelines.

    (a) For approval, a State plan shall include the requirements for 
emissions

[[Page 118]]

limits at least as protective as the following requirements, as 
applicable:
    (1) For a designated facility as defined in Sec.  60.32e(a)(1) 
subject to the emissions guidelines as promulgated on September 15, 
1997, the requirements listed in Table 1A of this subpart, except as 
provided in paragraph (b) of this section.
    (2) For a designated facility as defined in Sec.  60.32e(a)(1) 
subject to the emissions guidelines as amended on October 6, 2009, the 
requirements listed in Table 1B of this subpart, except as provided in 
paragraph (b) of this section.
    (3) For a designated facility as defined in Sec.  60.32e(a)(2), the 
more stringent of the requirements listed in Table 1B of this subpart 
and Table 1A of subpart Ec of this part.
    (b) For approval, a State plan shall include the requirements for 
emissions limits for any small HMIWI constructed on or before June 20, 
1996, which is located more than 50 miles from the boundary of the 
nearest Standard Metropolitan Statistical Area (defined in Sec.  60.31e) 
and which burns less than 2,000 pounds per week of hospital waste and 
medical/infectious waste that are at least as protective as the 
requirements in paragraphs (b)(1) and (b)(2) of this section, as 
applicable. The 2,000 lb/week limitation does not apply during 
performance tests.
    (1) For a designated facility as defined in Sec.  60.32e(a)(1) 
subject to the emissions guidelines as promulgated on September 15, 
1997, the requirements listed in Table 2A of this subpart.
    (2) For a designated facility as defined in Sec.  60.32e(a)(1) 
subject to the emissions guidelines as amended on October 6, 2009, the 
requirements listed in Table 2B of this subpart.
    (c) For approval, a State plan shall include the requirements for 
stack opacity at least as protective as the following, as applicable:
    (1) For a designated facility as defined in Sec.  60.32e(a)(1) 
subject to the emissions guidelines as promulgated on September 15, 
1997, the requirements in Sec.  60.52c(b)(1) of subpart Ec of this part.
    (2) For a designated facility as defined in Sec.  60.32e(a)(1) 
subject to the emissions guidelines as amended on October 6, 2009 and a 
designated facility as defined in Sec.  60.32e(a)(2), the requirements 
in Sec.  60.52c(b)(2) of subpart Ec of this part.

[74 FR 51403, Oct. 6, 2009]



Sec.  60.34e  Operator training and qualification guidelines.

    For approval, a State plan shall include the requirements for 
operator training and qualification at least as protective as those 
requirements listed in Sec.  60.53c of subpart Ec of this part. The 
State plan shall require compliance with these requirements according to 
the schedule specified in Sec.  60.39e(e).



Sec.  60.35e  Waste management guidelines.

    For approval, a State plan shall include the requirements for a 
waste management plan at least as protective as those requirements 
listed in Sec.  60.55c of subpart Ec of this part.



Sec.  60.36e  Inspection guidelines.

    (a) For approval, a State plan shall require each small HMIWI 
subject to the emissions limits under Sec.  60.33e(b) and each HMIWI 
subject to the emissions limits under Sec.  60.33e(a)(2) and (a)(3) to 
undergo an initial equipment inspection that is at least as protective 
as the following within 1 year following approval of the State plan:
    (1) At a minimum, an inspection shall include the following:
    (i) Inspect all burners, pilot assemblies, and pilot sensing devices 
for proper operation; clean pilot flame sensor, as necessary;
    (ii) Ensure proper adjustment of primary and secondary chamber 
combustion air, and adjust as necessary;
    (iii) Inspect hinges and door latches, and lubricate as necessary;
    (iv) Inspect dampers, fans, and blowers for proper operation;
    (v) Inspect HMIWI door and door gaskets for proper sealing;
    (vi) Inspect motors for proper operation;
    (vii) Inspect primary chamber refractory lining; clean and repair/
replace lining as necessary;
    (viii) Inspect incinerator shell for corrosion and/or hot spots;
    (ix) Inspect secondary/tertiary chamber and stack, clean as 
necessary;

[[Page 119]]

    (x) Inspect mechanical loader, including limit switches, for proper 
operation, if applicable;
    (xi) Visually inspect waste bed (grates), and repair/seal, as 
appropriate;
    (xii) For the burn cycle that follows the inspection, document that 
the incinerator is operating properly and make any necessary 
adjustments;
    (xiii) Inspect air pollution control device(s) for proper operation, 
if applicable;
    (xiv) Inspect waste heat boiler systems to ensure proper operation, 
if applicable;
    (xv) Inspect bypass stack components;
    (xvi) Ensure proper calibration of thermocouples, sorbent feed 
systems and any other monitoring equipment; and
    (xvii) Generally observe that the equipment is maintained in good 
operating condition.
    (2) Within 10 operating days following an equipment inspection all 
necessary repairs shall be completed unless the owner or operator 
obtains written approval from the State agency establishing a date 
whereby all necessary repairs of the designated facility shall be 
completed.
    (b) For approval, a State plan shall require each small HMIWI 
subject to the emissions limits under Sec.  60.33e(b) and each HMIWI 
subject to the emissions limits under Sec.  60.33e(a)(2) and (a)(3) to 
undergo an equipment inspection annually (no more than 12 months 
following the previous annual equipment inspection), as outlined in 
paragraph (a) of this section.
    (c) For approval, a State plan shall require each small HMIWI 
subject to the emissions limits under Sec.  60.33e(b)(2) and each HMIWI 
subject to the emissions limits under Sec.  60.33e(a)(2) and (a)(3) to 
undergo an initial air pollution control device inspection, as 
applicable, that is at least as protective as the following within 1 
year following approval of the State plan:
    (1) At a minimum, an inspection shall include the following:
    (i) Inspect air pollution control device(s) for proper operation, if 
applicable;
    (ii) Ensure proper calibration of thermocouples, sorbent feed 
systems, and any other monitoring equipment; and
    (iii) Generally observe that the equipment is maintained in good 
operating condition.
    (2) Within 10 operating days following an air pollution control 
device inspection, all necessary repairs shall be completed unless the 
owner or operator obtains written approval from the State agency 
establishing a date whereby all necessary repairs of the designated 
facility shall be completed.
    (d) For approval, a State plan shall require each small HMIWI 
subject to the emissions limits under Sec.  60.33e(b)(2) and each HMIWI 
subject to the emissions limits under Sec.  60.33e(a)(2) and (a)(3) to 
undergo an air pollution control device inspection, as applicable, 
annually (no more than 12 months following the previous annual air 
pollution control device inspection), as outlined in paragraph (c) of 
this section.

[60 FR 65414, Dec. 19, 1995, as amended at 74 FR 51403, Oct. 6, 2009]



Sec.  60.37e  Compliance, performance testing, and monitoring guidelines.

    (a) Except as provided in paragraph (b) of this section, for 
approval, a State plan shall include the requirements for compliance and 
performance testing listed in Sec.  60.56c of subpart Ec of this part, 
with the following exclusions:
    (1) For a designated facility as defined in Sec.  60.32e(a)(1) 
subject to the emissions limits in Sec.  60.33e(a)(1), the test methods 
listed in Sec.  60.56c(b)(7) and (8), the fugitive emissions testing 
requirements under Sec.  60.56c(b)(14) and (c)(3), the CO CEMS 
requirements under Sec.  60.56c(c)(4), and the compliance requirements 
for monitoring listed in Sec.  60.56c(c)(5)(ii) through (v), (c)(6), 
(c)(7), (e)(6) through (10), (f)(7) through (10), (g)(6) through (10), 
and (h).
    (2) For a designated facility as defined in Sec.  60.32e(a)(1) and 
(a)(2) subject to the emissions limits in Sec.  60.33e(a)(2) and (a)(3), 
the annual fugitive emissions testing requirements under Sec.  
60.56c(c)(3), the CO CEMS requirements under Sec.  60.56c(c)(4), and the 
compliance requirements for monitoring listed in Sec.  60.56c(c)(5)(ii) 
through (v), (c)(6), (c)(7), (e)(6) through (10), (f)(7)

[[Page 120]]

through (10), and (g)(6) through (10). Sources subject to the emissions 
limits under Sec.  60.33e(a)(2) and (a)(3) may, however, elect to use CO 
CEMS as specified under Sec.  60.56c(c)(4) or bag leak detection systems 
as specified under Sec.  60.57c(h).
    (b) Except as provided in paragraphs (b)(1) and (b)(2) of this 
section, for approval, a State plan shall require each small HMIWI 
subject to the emissions limits under Sec.  60.33e(b) to meet the 
performance testing requirements listed in Sec.  60.56c of subpart Ec of 
this part. The 2,000 lb/week limitation under Sec.  60.33e(b) does not 
apply during performance tests.
    (1) For a designated facility as defined in Sec.  60.32e(a)(1) 
subject to the emissions limits under Sec.  60.33e(b)(1), the test 
methods listed in Sec.  60.56c(b)(7), (8), (12), (13) (Pb and Cd), and 
(14), the annual PM, CO, and HCl emissions testing requirements under 
Sec.  60.56c(c)(2), the annual fugitive emissions testing requirements 
under Sec.  60.56c(c)(3), the CO CEMS requirements under Sec.  
60.56c(c)(4), and the compliance requirements for monitoring listed in 
Sec.  60.56c(c)(5) through (7), and (d) through (k) do not apply.
    (2) For a designated facility as defined in Sec.  60.32e(a)(2) 
subject to the emissions limits under Sec.  60.33e(b)(2), the annual 
fugitive emissions testing requirements under Sec.  60.56c(c)(3), the CO 
CEMS requirements under Sec.  60.56c(c)(4), and the compliance 
requirements for monitoring listed in Sec.  60.56c(c)(5)(ii) through 
(v), (c)(6), (c)(7), (e)(6) through (10), (f)(7) through (10), and 
(g)(6) through (10) do not apply. Sources subject to the emissions 
limits under Sec.  60.33e(b)(2) may, however, elect to use CO CEMS as 
specified under Sec.  60.56c(c)(4) or bag leak detection systems as 
specified under Sec.  60.57c(h).
    (c) For approval, a State plan shall require each small HMIWI 
subject to the emissions limits under Sec.  60.33e(b) that is not 
equipped with an air pollution control device to meet the following 
compliance and performance testing requirements:
    (1) Establish maximum charge rate and minimum secondary chamber 
temperature as site-specific operating parameters during the initial 
performance test to determine compliance with applicable emission 
limits.
    (2) Following the date on which the initial performance test is 
completed or is required to be completed under Sec.  60.8, whichever 
date comes first, ensure that the designated facility does not operate 
above the maximum charge rate or below the minimum secondary chamber 
temperature measured as 3-hour rolling averages (calculated each hour as 
the average of the previous 3 operating hours) at all times. Operating 
parameter limits do not apply during performance tests. Operation above 
the maximum charge rate or below the minimum secondary chamber 
temperature shall constitute a violation of the established operating 
parameter(s).
    (3) Except as provided in paragraph (c)(4) of this section, 
operation of the designated facility above the maximum charge rate and 
below the minimum secondary chamber temperature (each measured on a 3-
hour rolling average) simultaneously shall constitute a violation of the 
PM, CO, and dioxin/furan emissions limits.
    (4) The owner or operator of a designated facility may conduct a 
repeat performance test within 30 days of violation of applicable 
operating parameter(s) to demonstrate that the designated facility is 
not in violation of the applicable emissions limit(s). Repeat 
performance tests conducted pursuant to this paragraph must be conducted 
under process and control device operating conditions duplicating as 
nearly as possible those that indicated a violation under paragraph 
(c)(3) of this section.
    (d) For approval, a State plan shall include the requirements for 
monitoring listed in Sec.  60.57c of subpart Ec of this part for HMIWI 
subject to the emissions limits under Sec.  60.33e(a) and (b), except as 
provided for under paragraph (e) of this section.
    (e) For approval, a State plan shall require small HMIWI subject to 
the emissions limits under Sec.  60.33e(b) that are not equipped with an 
air pollution control device to meet the following monitoring 
requirements:

[[Page 121]]

    (1) Install, calibrate (to manufacturers' specifications), maintain, 
and operate a device for measuring and recording the temperature of the 
secondary chamber on a continuous basis, the output of which shall be 
recorded, at a minimum, once every minute throughout operation.
    (2) Install, calibrate (to manufacturers' specifications), maintain, 
and operate a device which automatically measures and records the date, 
time, and weight of each charge fed into the HMIWI.
    (3) The owner or operator of a designated facility shall obtain 
monitoring data at all times during HMIWI operation except during 
periods of monitoring equipment malfunction, calibration, or repair. At 
a minimum, valid monitoring data shall be obtained for 75 percent of the 
operating hours per day for 90 percent of the operating hours per 
calendar quarter that the designated facility is combusting hospital 
waste and/or medical/infectious waste.
    (f) The owner or operator of a designated facility as defined in 
Sec.  60.32e(a)(1) or (a)(2) subject to emissions limits under Sec.  
60.33e(a)(2), (a)(3), or (b)(2) may use the results of previous 
emissions tests to demonstrate compliance with the emissions limits, 
provided that the conditions in paragraphs (f)(1) through (f)(3) of this 
section are met:
    (1) The designated facility's previous emissions tests must have 
been conducted using the applicable procedures and test methods listed 
in Sec.  60.56c(b) of subpart Ec of this part. Previous emissions test 
results obtained using EPA-accepted voluntary consensus standards are 
also acceptable.
    (2) The HMIWI at the designated facility shall currently be operated 
in a manner (e.g., with charge rate, secondary chamber temperature, 
etc.) that would be expected to result in the same or lower emissions 
than observed during the previous emissions test(s), and the HMIWI may 
not have been modified such that emissions would be expected to exceed 
(notwithstanding normal test-to-test variability) the results from 
previous emissions test(s).
    (3) The previous emissions test(s) must have been conducted in 1996 
or later.

[60 FR 65414, Dec. 19, 1995, as amended at 74 FR 51403, Oct. 6, 2009]



Sec.  60.38e  Reporting and recordkeeping guidelines.

    (a) Except as provided in paragraphs (a)(1) and (a)(2) of this 
section, for approval, a State plan shall include the reporting and 
recordkeeping requirements listed in Sec.  60.58c(b) through (g) of 
subpart Ec of this part.
    (1) For a designated facility as defined in Sec.  60.32e(a)(1) 
subject to emissions limits under Sec.  60.33e(a)(1) or (b)(1), 
excluding Sec.  60.58c(b)(2)(ii) (fugitive emissions), (b)(2)(viii) 
(NOX reagent), (b)(2)(xvii) (air pollution control device 
inspections), (b)(2)(xviii) (bag leak detection system alarms), 
(b)(2)(xix) (CO CEMS data), and (b)(7) (siting documentation).
    (2) For a designated facility as defined in Sec.  60.32e(a)(1) or 
(a)(2) subject to emissions limits under Sec.  60.33e(a)(2), (a)(3), or 
(b)(2), excluding Sec.  60.58c(b)(2)(xviii) (bag leak detection system 
alarms), (b)(2)(xix) (CO CEMS data), and (b)(7) (siting documentation).
    (b) For approval, a State plan shall require the owner or operator 
of each HMIWI subject to the emissions limits under Sec.  60.33e to:
    (1) As specified in Sec.  60.36e, maintain records of the annual 
equipment inspections that are required for each HMIWI subject to the 
emissions limits under Sec.  60.33e(a)(2), (a)(3), and (b), and the 
annual air pollution control device inspections that are required for 
each HMIWI subject to the emissions limits under Sec.  60.33e(a)(2), 
(a)(3), and (b)(2), any required maintenance, and any repairs not 
completed within 10 days of an inspection or the timeframe established 
by the State regulatory agency; and
    (2) Submit an annual report containing information recorded under 
paragraph (b)(1) of this section no later than 60 days following the 
year in which data were collected. Subsequent reports shall be sent no 
later than 12 calendar months following the previous report (once the 
unit is subject to permitting requirements under Title V of

[[Page 122]]

the Act, the owner or operator must submit these reports semiannually). 
The report shall be signed by the facilities manager.

[60 FR 65414, Dec. 19, 1995, as amended at 74 FR 51404, Oct. 6, 2009]



Sec.  60.39e  Compliance times.

    (a) Each State in which a designated facility is operating shall 
submit to the Administrator a plan to implement and enforce the 
emissions guidelines as specified in paragraphs (a)(1) and (a)(2) of 
this section:
    (1) Not later than September 15, 1998, for the emissions guidelines 
as promulgated on September 15, 1997.
    (2) Not later than October 6, 2010, for the emissions guidelines as 
amended on October 6, 2009.
    (b) Except as provided in paragraphs (c) and (d) of this section, 
State plans shall provide that designated facilities comply with all 
requirements of the State plan on or before the date 1 year after EPA 
approval of the State plan, regardless of whether a designated facility 
is identified in the State plan inventory required by Sec.  60.25(a) of 
subpart B of this part.
    (c) State plans that specify measurable and enforceable incremental 
steps of progress towards compliance for designated facilities planning 
to install the necessary air pollution control equipment may allow 
compliance on or before the date 3 years after EPA approval of the State 
plan (but not later than September 16, 2002), for the emissions 
guidelines as promulgated on September 15, 1997, and on or before the 
date 3 years after approval of an amended State plan (but not later than 
October 6, 2014), for the emissions guidelines as amended on October 6, 
2009). Suggested measurable and enforceable activities to be included in 
State plans are:
    (1) Date for submitting a petition for site-specific operating 
parameters under Sec.  60.56c(j) of subpart Ec of this part.
    (2) Date for obtaining services of an architectural and engineering 
firm regarding the air pollution control device(s);
    (3) Date for obtaining design drawings of the air pollution control 
device(s);
    (4) Date for ordering the air pollution control device(s);
    (5) Date for obtaining the major components of the air pollution 
control device(s);
    (6) Date for initiation of site preparation for installation of the 
air pollution control device(s);
    (7) Date for initiation of installation of the air pollution control 
device(s);
    (8) Date for initial startup of the air pollution control device(s); 
and
    (9) Date for initial compliance test(s) of the air pollution control 
device(s).
    (d) State plans that include provisions allowing designated 
facilities to petition the State for extensions beyond the compliance 
times required in paragraph (b) of this section shall:
    (1) Require that the designated facility requesting an extension 
submit the following information in time to allow the State adequate 
time to grant or deny the extension within 1 year after EPA approval of 
the State plan:
    (i) Documentation of the analyses undertaken to support the need for 
an extension, including an explanation of why up to 3 years after EPA 
approval of the State plan is sufficient time to comply with the State 
plan while 1 year after EPA approval of the State plan is not 
sufficient. The documentation shall also include an evaluation of the 
option to transport the waste offsite to a commercial medical waste 
treatment and disposal facility on a temporary or permanent basis; and
    (ii) Documentation of measurable and enforceable incremental steps 
of progress to be taken towards compliance with the emission guidelines.
    (2) Include procedures for granting or denying the extension; and
    (3) If an extension is granted, require expeditious compliance with 
the emissions guidelines on or before the date 3 years after EPA 
approval of the state plan (but not later than September 16, 2002), for 
the emissions guidelines as promulgated on September 15, 1997, and on or 
before the date 3 years after EPA approval of an amended state plan (but 
not later than October 6, 2014), for the emissions guidelines as amended 
on October 6, 2009.

[[Page 123]]

    (e) For approval, a State plan shall require compliance with Sec.  
60.34e--Operator training and qualification guidelines and Sec.  
60.36e--Inspection guidelines by the date 1 year after EPA approval of a 
State plan.
    (f) The Administrator shall develop, implement, and enforce a plan 
for existing HMIWI located in any State that has not submitted an 
approvable plan within 2 years after September 15, 1997, for the 
emissions guidelines as promulgated on September 15, 1997, and within 2 
years after October 6, 2009 for the emissions guidelines as amended on 
October 6, 2009. Such plans shall ensure that each designated facility 
is in compliance with the provisions of this subpart no later than 5 
years after September 15, 1997, for the emissions guidelines as 
promulgated on September 15, 1997, and no later than 5 years after 
October 6, 2009 for the emissions guidelines as amended on October 6, 
2009.

[60 FR 65414, Dec. 19, 1995, as amended at 74 FR 51404, Oct. 6, 2009; 76 
FR 18412, Apr. 4, 2011]



  Sec. Table 1A to Subpart Ce of Part 60--Emissions Limits for Small, 
  Medium, and Large HMIWI at Designated Facilities as Defined in Sec.  
                              60.32e(a)(1)

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                            Emissions limits
                                                    ---------------------------------------------------------------                        Method for
           Pollutant              Units (7 percent                             HMIWI size                             Averaging time     demonstrating
                                 oxygen, dry basis) ---------------------------------------------------------------        \1\           compliance \2\
                                                            Small               Medium                Large
--------------------------------------------------------------------------------------------------------------------------------------------------------
Particulate matter.............  Milligrams per dry  115 (0.05).........  69 (0.03).........  34 (0.015)..........  3-run average (1-  EPA Reference
                                  standard cubic                                                                     hour minimum       Method 5 of
                                  meter (mg/dscm)                                                                    sample time per    appendix A-3 of
                                  (grains per dry                                                                    run).              part 60, or EPA
                                  standard cubic                                                                                        Reference Method
                                  foot (gr/dscf)).                                                                                      26A or 29 of
                                                                                                                                        appendix A-8 of
                                                                                                                                        part 60.
Carbon monoxide................  Parts per million   40.................  40................  40..................  3-run average (1-  EPA Reference
                                  by volume (ppmv).                                                                  hour minimum       Method 10 or 10B
                                                                                                                     sample time per    of appendix A-4
                                                                                                                     run).              of part 60.
Dioxins/furans.................  Nanograms per dry   125 (55) or 2.3      125 (55) or 2.3     125 (55) or 2.3       3-run average (4-  EPA Reference
                                  standard cubic      (1.0).               (1.0).              (1.0).                hour minimum       Method 23 of
                                  meter total                                                                        sample time per    appendix A-7 of
                                  dioxins/furans                                                                     run).              part 60.
                                  (ng/dscm) (grains
                                  per billion dry
                                  standard cubic
                                  feet (gr/10\9\
                                  dscf)) or ng/dscm
                                  TEQ (gr/10\9\
                                  dscf).
Hydrogen chloride..............  ppmv or percent     100 or 93%.........  100 or 93%........  100 or 93%..........  3-run average (1-  EPA Reference
                                  reduction.                                                                         hour minimum       Method 26 or 26A
                                                                                                                     sample time per    of appendix A-8
                                                                                                                     run).              of part 60.

[[Page 124]]

 
Sulfur dioxide.................  ppmv..............  55.................  55................  55..................  3-run average (1-  EPA Reference
                                                                                                                     hour minimum       Method 6 or 6C
                                                                                                                     sample time per    of appendix A-4
                                                                                                                     run).              of part 60.
Nitrogen oxides................  ppmv..............  250................  250...............  250.................  3-run average (1-  EPA Reference
                                                                                                                     hour minimum       Method 7 or 7E
                                                                                                                     sample time per    of appendix A-4
                                                                                                                     run).              of part 60.
Lead...........................  mg/dscm (grains     1.2 (0.52) or 70%..  1.2 (0.52) or 70%.  1.2 (0.52) or 70%...  3-run average (1-  EPA Reference
                                  per thousand dry                                                                   hour minimum       Method 29 of
                                  standard cubic                                                                     sample time per    appendix A-8 of
                                  feet (gr/10\3\                                                                     run).              part 60.
                                  dscf)) or percent
                                  reduction.
Cadmium........................  mg/dscm (gr/10\3\   0.16 (0.07) or 65%.  0.16 (0.07) or 65%  0.16 (0.07) or 65%..  3-run average (1-  EPA Reference
                                  dscf) or percent                                                                   hour minimum       Method 29 of
                                  reduction.                                                                         sample time per    appendix A-8 of
                                                                                                                     run).              part 60.
Mercury........................  mg/dscm (gr/10\3\   0.55 (0.24) or 85%.  0.55 (0.24) or 85%  0.55 (0.24) or 85%..  3-run average (1-  EPA Reference
                                  dscf) or percent                                                                   hour minimum       Method 29 of
                                  reduction.                                                                         sample time per    appendix A-8 of
                                                                                                                     run).              part 60.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Except as allowed under Sec.   60.56c(c) for HMIWI equipped with CEMS.
\2\ Does not include CEMS and approved alternative non-EPA test methods allowed under Sec.   60.56c(b).


[60 FR 65414, Dec. 19, 1995, as amended at 74 FR 51405, Oct. 6, 2009; 76 
FR 18412, Apr. 4, 2011]



  Sec. Table 1B to Subpart Ce of Part 60--Emissions Limits for Small, 
  Medium, and Large HMIWI at Designated Facilities as Defined in Sec.  
                         60.32e(a)(1) and (a)(2)

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                            Emissions limits
                                                    ---------------------------------------------------------------                        Method for
           Pollutant              Units (7 percent                             HMIWI size                             Averaging time     demonstrating
                                 oxygen, dry basis) ---------------------------------------------------------------        \1\           compliance \2\
                                                            Small                Medium               Large
--------------------------------------------------------------------------------------------------------------------------------------------------------
Particulate matter.............  Milligrams per dry  66 (0.029).........  46 (0.020).........  25 (0.011).........  3-run average (1-  EPA Reference
                                  standard cubic                                                                     hour minimum       Method 5 of
                                  meter (mg/dscm)                                                                    sample time per    appendix A-3 of
                                  (grains per dry                                                                    run).              part 60, or EPA
                                  standard cubic                                                                                        Reference Method
                                  foot (gr/dscf)).                                                                                      26A or 29 of
                                                                                                                                        appendix A-8 of
                                                                                                                                        part 60.

[[Page 125]]

 
Carbon monoxide................  Parts per million   20.................  5.5................  11.................  3-run average (1-  EPA Reference
                                  by volume (ppmv).                                                                  hour minimum       Method 10 or 10B
                                                                                                                     sample time per    of appendix A-4
                                                                                                                     run).              of part 60.
Dioxins/furans.................  Nanograms per dry   16 (7.0) or 0.013    0.85 (0.37) or       9.3 (4.1) or 0.054   3-run average (4-  EPA Reference
                                  standard cubic      (0.0057).            0.020 (0.0087).      (0.024).             hour minimum       Method 23 of
                                  meter total                                                                        sample time per    appendix A-7 of
                                  dioxins/furans                                                                     run).              part 60.
                                  (ng/dscm) (grains
                                  per billion dry
                                  standard cubic
                                  feet (gr/10\9\
                                  dscf)) or ng/dscm
                                  TEQ (gr/10\9\
                                  dscf).
Hydrogen chloride..............  ppmv..............  44.................  7.7................  6.6................  3-run average (1-  EPA Reference
                                                                                                                     hour minimum       Method 26 or 26A
                                                                                                                     sample time per    of appendix A-8
                                                                                                                     run).              of part 60.
Sulfur dioxide.................  ppmv..............  4.2................  4.2................  9.0................  3-run average (1-  EPA Reference
                                                                                                                     hour minimum       Method 6 or 6C
                                                                                                                     sample time per    of appendix A-4
                                                                                                                     run).              of part 60.
Nitrogen oxides................  ppmv..............  190................  190................  140................  3-run average (1-  EPA Reference
                                                                                                                     hour minimum       Method 7 or 7E
                                                                                                                     sample time per    of appendix A-4
                                                                                                                     run).              of part 60.
Lead...........................  mg/dscm (grains     0.31 (0.14)........  0.018 (0.0079).....  0.036 (0.016)......  3-run average (1-  EPA Reference
                                  per thousand dry                                                                   hour minimum       Method 29 of
                                  standard cubic                                                                     sample time per    appendix A-8 of
                                  feet (gr/10\3\                                                                     run).              part 60.
                                  dscf)).
Cadmium........................  mg/dscm (gr/10\3\   0.017 (0.0074).....  0.013 (0.0057).....  0.0092 (0.0040)....  3-run average (1-  EPA Reference
                                  dscf).                                                                             hour minimum       Method 29 of
                                                                                                                     sample time per    appendix A-8 of
                                                                                                                     run).              part 60.
Mercury........................  mg/dscm (gr/10\3\   0.014 (0.0061).....  0.025 (0.011)......  0.018 (0.0079).....  3-run average (1-  EPA Reference
                                  dscf).                                                                             hour minimum       Method 29 of
                                                                                                                     sample time per    appendix A-8 of
                                                                                                                     run).              part 60.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Except as allowed under Sec.   60.56c(c) for HMIWI equipped with CEMS.
\2\ Does not include CEMS and approved alternative non-EPA test methods allowed under Sec.   60.56c(b).


[74 FR 51406, Oct. 6, 2009]

[[Page 126]]



Sec. Table 2A to Subpart Ce of Part 60--Emissions Limits for Small HMIWI 
            Which Meet the Criteria Under Sec.  60.33e(b)(1)

----------------------------------------------------------------------------------------------------------------
                                 Units (7 percent                                                  Method for
           Pollutant               oxygen, dry      HMIWI emissions limits    Averaging time     demonstrating
                                      basis)                                       \1\           compliance \2\
----------------------------------------------------------------------------------------------------------------
Particulate matter............  mg/dscm (gr/dscf)  197 (0.086)............  3-run average (1-  EPA Reference
                                                                             hour minimum       Method 5 of
                                                                             sample time per    appendix A-3 of
                                                                             run).              part 60, or EPA
                                                                                                Reference Method
                                                                                                26A or 29 of
                                                                                                appendix A-8 of
                                                                                                part 60.
Carbon monoxide...............  ppmv.............  40.....................  3-run average (1-  EPA Reference
                                                                             hour minimum       Method 10 or 10B
                                                                             sample time per    of appendix A-4
                                                                             run).              of part 60.
Dioxins/furans................  ng/dscm total      800 (350) or 15 (6.6)..  3-run average (4-  EPA Reference
                                 dioxins/furans                              hour minimum       Method 23 of
                                 (gr/10\9\ dscf)                             sample time per    appendix A-7 of
                                 or ng/dscm TEQ                              run).              part 60.
                                 (gr/10\9\ dscf).
Hydrogen chloride.............  ppmv.............  3,100..................  3-run average (1-  EPA Reference
                                                                             hour minimum       Method 26 or 26A
                                                                             sample time per    of appendix A-8
                                                                             run).              of part 60.
Sulfur dioxide................  ppmv.............  55.....................  3-run average (1-  EPA Reference
                                                                             hour minimum       Method 6 or 6C
                                                                             sample time per    of appendix A-4
                                                                             run).              of part 60.
Nitrogen oxides...............  ppmv.............  250....................  3-run average (1-  EPA Reference
                                                                             hour minimum       Method 7 or 7E
                                                                             sample time per    of appendix A-4
                                                                             run).              of part 60.
Lead..........................  mg/dscm (gr/10\3\  10 (4.4)...............  3-run average (1-  EPA Reference
                                 dscf).                                      hour minimum       Method 29 of
                                                                             sample time per    appendix A-8 of
                                                                             run).              part 60.
Cadmium.......................  mg/dscm (gr/10\3\  4 (1.7)................  3-run average (1-  EPA Reference
                                 dscf).                                      hour minimum       Method 29 of
                                                                             sample time per    appendix A-8 of
                                                                             run).              part 60.
Mercury.......................  mg/dscm (gr/10\3\  7.5 (3.3)..............  3-run average (1-  EPA Reference
                                 dscf).                                      hour minimum       Method 29 of
                                                                             sample time per    appendix A-8 of
                                                                             run).              part 60.
----------------------------------------------------------------------------------------------------------------
\1\ Except as allowed under Sec.   60.56c(c) for HMIWI equipped with CEMS.
\2\ Does not include CEMS and approved alternative non-EPA test methods allowed under Sec.   60.56c(b).


[74 FR 51407, Oct. 6, 2009]



Sec. Table 2B to Subpart Ce of Part 60--Emissions Limits for Small HMIWI 
            Which Meet the Criteria Under Sec.  60.33e(b)(2)

----------------------------------------------------------------------------------------------------------------
                                 Units (7 percent                                                  Method for
           Pollutant               oxygen, dry      HMIWI Emissions limits    Averaging time     demonstrating
                                      basis)                                       \1\           compliance \2\
----------------------------------------------------------------------------------------------------------------
Particulate matter............  mg/dscm (gr/dscf)  87 (0.038).............  3-run average (1-  EPA Reference
                                                                             hour minimum       Method 5 of
                                                                             sample time per    appendix A-3 of
                                                                             run).              part 60, or EPA
                                                                                                Reference Method
                                                                                                26A or 29 of
                                                                                                appendix A-8 of
                                                                                                part 60.
Carbon monoxide...............  ppmv.............  20.....................  3-run average (1-  EPA Reference
                                                                             hour minimum       Method 10 or 10B
                                                                             sample time per    of appendix A-4
                                                                             run).              of part 60.
Dioxins/furans................  ng/dscm total      240 (100) or 5.1 (2.2).  3-run average (4-  EPA Reference
                                 dioxins/furans                              hour minimum       Method 23 of
                                 (gr/10\9\ dscf)                             sample time per    appendix A-7 of
                                 or ng/dscm TEQ                              run).              part 60.
                                 (gr/10\9\ dscf).
Hydrogen chloride.............  ppmv.............  810....................  3-run average (1-  EPA Reference
                                                                             hour minimum       Method 26 or 26A
                                                                             sample time per    of appendix A-8
                                                                             run).              of part 60.
Sulfur dioxide................  ppmv.............  55.....................  3-run average (1-  EPA Reference
                                                                             hour minimum       Method 6 or 6C
                                                                             sample time per    of appendix A-4
                                                                             run).              of part 60.
Nitrogen oxides...............  ppmv.............  130....................  3-run average (1-  EPA Reference
                                                                             hour minimum       Method 7 or 7E
                                                                             sample time per    of appendix A-4
                                                                             run).              of part 60.
Lead..........................  mg/dscm (gr/10\3\  0.50 (0.22)............  3-run average (1-  EPA Reference
                                 dscf).                                      hour minimum       Method 29 of
                                                                             sample time per    appendix A-8 of
                                                                             run).              part 60.
Cadmium.......................  mg/dscm (gr/10\3\  0.11 (0.048)...........  3-run average (1-  EPA Reference
                                 dscf).                                      hour minimum       Method 29 of
                                                                             sample time per    appendix A-8 of
                                                                             run).              part 60.

[[Page 127]]

 
Mercury.......................  mg/dscm (gr/10\3\  0.0051 (0.0022)........  3-run average (1-  EPA Reference
                                 dscf).                                      hour minimum       Method 29 of
                                                                             sample time per    appendix A-8 of
                                                                             run).              part 60.
----------------------------------------------------------------------------------------------------------------
\1\ Except as allowed under Sec.   60.56c(c) for HMIWI equipped with CEMS.
\2\ Does not include CEMS and approved alternative non-EPA test methods allowed under Sec.   60.56c(b).


[74 FR 51407, Oct. 6, 2009]



Subpart Cf_Emission Guidelines and Compliance Times for Municipal Solid 
                             Waste Landfills

    Source: 81 FR 59313, Aug. 29, 2016, unless otherwise noted.



Sec.  60.30f  Scope and delegated authorities.

    This subpart establishes Emission Guidelines and compliance times 
for the control of designated pollutants from certain designated 
municipal solid waste (MSW) landfills in accordance with section 111(d) 
of the Clean Air Act and subpart B of this part.
    (a) If you are the Administrator of an air quality program in a 
state or United States protectorate with one or more existing MSW 
landfills that commenced construction, modification, or reconstruction 
on or before July 17, 2014, you must submit a state plan to the U.S. 
Environmental Protection Agency (EPA) that implements the Emission 
Guidelines contained in this subpart. The requirements for state and 
federal plans are specified in subpart B of this part with the exception 
that Sec. Sec.  60.23 and 60.27 will not apply. Notwithstanding the 
provisions of Sec.  60.20a(a) in subpart Ba of this part, the 
requirements of Sec. Sec.  60.23a and 60.27a will apply for state plans 
submitted after September 6, 2019, and federal plans, except that the 
requirements of Sec.  60.23a(a)(1) will apply to a notice of 
availability of a final guideline document that was published under 
Sec.  60.22(a). Likewise, the requirements of Sec.  60.27a(e)(1) will 
refer to a final guideline document that was published under Sec.  
60.22(a).
    (b) You must submit a state plan to the EPA by August 29, 2019.
    (c) The following authorities will not be delegated to state, local, 
or tribal agencies:
    (1) Approval of alternative methods to determine the NMOC 
concentration or a site-specific methane generation rate constant (k).
    (2) [Reserved]

[81 FR 59313, Aug. 29, 2016, as amended at 84 FR 44555, Aug. 26, 2019]



Sec.  60.31f  Designated facilities.

    (a) The designated facility to which these Emission Guidelines apply 
is each existing MSW landfill for which construction, reconstruction, or 
modification was commenced on or before July 17, 2014.
    (b) Physical or operational changes made to an existing MSW landfill 
solely to comply with an emission guideline are not considered a 
modification or reconstruction and would not subject an existing MSW 
landfill to the requirements of a standard of performance for new MSW 
landfills.
    (c) For purposes of obtaining an operating permit under title V of 
the Clean Air Act, the owner or operator of an MSW landfill subject to 
this subpart with a design capacity less than 2.5 million megagrams or 
2.5 million cubic meters is not subject to the requirement to obtain an 
operating permit for the landfill under part 70 or 71 of this chapter, 
unless the landfill is otherwise subject to either part 70 or 71. For 
purposes of submitting a timely application for an operating permit 
under part 70 or 71, the owner or operator of an MSW landfill subject to 
this subpart with a design capacity greater than or equal to 2.5 million 
megagrams and 2.5 million cubic meters on the effective date of EPA 
approval of the state's program under section 111(d) of the Clean Air 
Act, and not otherwise subject to either part 70 or 71, becomes subject 
to the requirements of Sec.  70.5(a)(1)(i) or Sec.  71.5(a)(1)(i) of 
this chapter 90 days

[[Page 128]]

after the effective date of such section 111(d) program approval, even 
if the design capacity report is submitted earlier.
    (d) When an MSW landfill subject to this subpart is closed as 
defined in this subpart, the owner or operator is no longer subject to 
the requirement to maintain an operating permit under part 70 or 71 of 
this chapter for the landfill if the landfill is not otherwise subject 
to the requirements of either part 70 or 71 and if either of the 
following conditions are met:
    (1) The landfill was never subject to the requirement to install and 
operate a gas collection and control system under Sec.  60.33f; or
    (2) The landfill meets the conditions for control system removal 
specified in Sec.  60.33f(f).
    (e) When an MSW landfill subject to this subpart is in the closed 
landfill subcategory, the owner or operator is not subject to the 
following reports of this subpart, provided the owner or operator 
submitted these reports under the provisions of subpart WWW of this 
part; 40 CFR part 62, subpart GGG; or a state plan implementing subpart 
Cc of this part on or before July 17, 2014:
    (1) Initial design capacity report specified in Sec.  60.38f(a).
    (2) Initial or subsequent NMOC emission rate report specified in 
Sec.  60.38f(c), provided that the most recent NMOC emission rate report 
indicated the NMOC emissions were below 50 Mg/yr.
    (3) Collection and control system design plan specified in Sec.  
60.38f(d).
    (4) Closure report specified in Sec.  60.38f(f).
    (5) Equipment removal report specified in Sec.  60.38f(g).
    (6) Initial annual report specified in Sec.  60.38f(h).
    (7) Initial performance test report in Sec.  60.38f(i).



Sec.  60.32f  Compliance times.

    Planning, awarding of contracts, installing, and starting up MSW 
landfill air emission collection and control equipment that is capable 
of meeting the Emission Guidelines under Sec.  60.33f must be completed 
within 30 months after the date an NMOC emission rate report shows NMOC 
emissions equal or exceed 34 megagrams per year (50 megagrams per year 
for the closed landfill subcategory); or within 30 months after the date 
of the most recent NMOC emission rate report that shows NMOC emissions 
equal or exceed 34 megagrams per year (50 megagrams per year for the 
closed landfill subcategory), if Tier 4 surface emissions monitoring 
shows a surface emission concentration of 500 parts per million methane 
or greater.



Sec.  60.33f  Emission Guidelines for municipal solid waste landfill
emissions.

    (a) Landfills. For approval, a state plan must require each owner or 
operator of an MSW landfill having a design capacity greater than or 
equal to 2.5 million megagrams by mass and 2.5 million cubic meters by 
volume to collect and control MSW landfill emissions at each MSW 
landfill that meets the following conditions:
    (1) The landfill has accepted waste at any time since November 8, 
1987, or has additional design capacity available for future waste 
deposition.
    (2) The landfill commenced construction, reconstruction, or 
modification on or before July 17, 2014.
    (3) The landfill has an NMOC emission rate greater than or equal to 
34 megagrams per year or Tier 4 surface emissions monitoring shows a 
surface emission concentration of 500 parts per million methane or 
greater.
    (4) The landfill in the closed landfill subcategory and has an NMOC 
emission rate greater than or equal to 50 megagrams per year or Tier 4 
surface emissions monitoring shows a surface emission concentration of 
500 parts per million methane or greater.
    (b) Collection system. For approval, a state plan must include 
provisions for the installation of a gas collection and control system 
meeting the requirements in paragraphs (b)(1) through (3) and (c) of 
this section at each MSW landfill meeting the conditions in paragraph 
(a) of this section.
    (1) Collection system. Install and start up a collection and control 
system that captures the gas generated within the landfill within 30 
months after:
    (i) The first annual report in which the NMOC emission rate equals 
or exceeds 34 megagrams per year, unless

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Tier 2 or Tier 3 sampling demonstrates that the NMOC emission rate is 
less than 34 megagrams per year, as specified in Sec.  60.38f(d)(4); or
    (ii) The first annual NMOC emission rate report for a landfill in 
the closed landfill subcategory in which the NMOC emission rate equals 
or exceeds 50 megagrams per year, unless Tier 2 or Tier 3 sampling 
demonstrates that the NMOC emission rate is less than 50 megagrams per 
year, as specified in Sec.  60.38f(d)(4); or
    (iii) The most recent NMOC emission rate report in which the NMOC 
emission rate equals or exceeds 34 megagrams per year based on Tier 2, 
if the Tier 4 surface emissions monitoring shows a surface methane 
emission concentration of 500 parts per million methane or greater as 
specified in Sec.  60.38f(d)(4)(iii).
    (2) Active. An active collection system must:
    (i) Be designed to handle the maximum expected gas flow rate from 
the entire area of the landfill that warrants control over the intended 
use period of the gas control system equipment.
    (ii) Collect gas from each area, cell, or group of cells in the 
landfill in which the initial solid waste has been placed for a period 
of 5 years or more if active; or 2 years or more if closed or at final 
grade.
    (iii) Collect gas at a sufficient extraction rate.
    (iv) Be designed to minimize off-site migration of subsurface gas.
    (3) Passive. A passive collection system must:
    (i) Comply with the provisions specified in paragraphs (b)(2)(i), 
(ii), and (iv) of this section.
    (ii) Be installed with liners on the bottom and all sides in all 
areas in which gas is to be collected. The liners must be installed as 
required under Sec.  258.40 of this chapter.
    (c) Control system. For approval, a state plan must include 
provisions for the control of the gas collected from within the landfill 
through the use of control devices meeting the following requirements, 
except as provided in Sec.  60.24.
    (1) A non-enclosed flare designed and operated in accordance with 
the parameters established in Sec.  60.18 except as noted in Sec.  
60.37f(d); or
    (2) A control system designed and operated to reduce NMOC by 98 
weight percent; or when an enclosed combustion device is used for 
control, to either reduce NMOC by 98 weight percent or reduce the outlet 
NMOC concentration to less than 20 parts per million by volume, dry 
basis as hexane at 3 percent oxygen or less. The reduction efficiency or 
concentration in parts per million by volume must be established by an 
initial performance test to be completed no later than 180 days after 
the initial startup of the approved control system using the test 
methods specified in Sec.  60.35f(d). The performance test is not 
required for boilers and process heaters with design heat input 
capacities equal to or greater than 44 megawatts that burn landfill gas 
for compliance with this subpart.
    (i) If a boiler or process heater is used as the control device, the 
landfill gas stream must be introduced into the flame zone.
    (ii) The control device must be operated within the parameter ranges 
established during the initial or most recent performance test. The 
operating parameters to be monitored are specified in Sec.  60.37f.
    (iii) For the closed landfill subcategory, the initial or most 
recent performance test conducted to comply with subpart WWW of this 
part; 40 CFR part 62, subpart GGG; or a state plan implementing subpart 
Cc of this part on or before July 17, 2014 is sufficient for compliance 
with this subpart.
    (3) Route the collected gas to a treatment system that processes the 
collected gas for subsequent sale or beneficial use such as fuel for 
combustion, production of vehicle fuel, production of high-Btu gas for 
pipeline injection, or use as a raw material in a chemical manufacturing 
process. Venting of treated landfill gas to the ambient air is not 
allowed. If the treated landfill gas cannot be routed for subsequent 
sale or beneficial use, then the treated landfill gas must be controlled 
according to either paragraph (c)(1) or (2) of this section.
    (4) All emissions from any atmospheric vent from the gas treatment 
system are subject to the requirements

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of paragraph (b) or (c) of this section. For purposes of this subpart, 
atmospheric vents located on the condensate storage tank are not part of 
the treatment system and are exempt from the requirements of paragraph 
(b) or (c) of this section.
    (d) Design capacity. For approval, a state plan must require each 
owner or operator of an MSW landfill having a design capacity less than 
2.5 million megagrams by mass or 2.5 million cubic meters by volume to 
submit an initial design capacity report to the Administrator as 
provided in Sec.  60.38f(a). The landfill may calculate design capacity 
in either megagrams or cubic meters for comparison with the exemption 
values. Any density conversions must be documented and submitted with 
the report. Submittal of the initial design capacity report fulfills the 
requirements of this subpart except as provided in paragraphs (d)(1) and 
(2) of this section.
    (1) The owner or operator must submit an amended design capacity 
report as provided in Sec.  60.38f(b).

    Note to paragraph (d)(1): Note that if the design capacity increase 
is the result of a modification, as defined in this subpart, that was 
commenced after July 17, 2014, then the landfill becomes subject to 
subpart XXX of this part instead of this subpart. If the design capacity 
increase is the result of a change in operating practices, density, or 
some other change that is not a modification as defined in this subpart, 
then the landfill remains subject to this subpart.

    (2) When an increase in the maximum design capacity of a landfill 
with an initial design capacity less than 2.5 million megagrams or 2.5 
million cubic meters results in a revised maximum design capacity equal 
to or greater than 2.5 million megagrams and 2.5 million cubic meters, 
the owner or operator must comply with paragraph (e) of this section.
    (e) Emissions. For approval, a state plan must require each owner or 
operator of an MSW landfill having a design capacity equal to or greater 
than 2.5 million megagrams and 2.5 million cubic meters to either 
install a collection and control system as provided in paragraphs (b) 
and (c) of this section or calculate an initial NMOC emission rate for 
the landfill using the procedures specified in Sec.  60.35f(a). The NMOC 
emission rate must be recalculated annually, except as provided in Sec.  
60.38f(c)(3).
    (1) If the calculated NMOC emission rate is less than 34 megagrams 
per year, the owner or operator must:
    (i) Submit an annual NMOC emission rate report according to Sec.  
60.38f(c), except as provided in Sec.  60.38f(c)(3); and
    (ii) Recalculate the NMOC emission rate annually using the 
procedures specified in Sec.  60.35f(a) until such time as the 
calculated NMOC emission rate is equal to or greater than 34 megagrams 
per year, or the landfill is closed.
    (A) If the calculated NMOC emission rate, upon initial calculation 
or annual recalculation required in paragraph (e)(1)(ii) of this 
section, is equal to or greater than 34 megagrams per year, the owner or 
operator must either: Comply with paragraphs (b) and (c) of this 
section; calculate NMOC emissions using the next higher tier in Sec.  
60.35f; or conduct a surface emission monitoring demonstration using the 
procedures specified in Sec.  60.35f(a)(6).
    (B) If the landfill is permanently closed, a closure report must be 
submitted to the Administrator as provided in Sec.  60.38f(f), except 
for exemption allowed under Sec.  60.31f(e)(4).
    (C) For the closed landfill subcategory, if the most recently 
calculated NMOC emission rate is equal to or greater than 50 megagrams 
per year, the owner or operator must either: Submit a gas collection and 
control system design plan as specified in Sec.  60.38f(d), except for 
exemptions allowed under Sec.  60.31f(e)(3), and install a collection 
and control system as provided in paragraphs (b) and (c) of this 
section; calculate NMOC emissions using the next higher tier in Sec.  
60.35f; or conduct a surface emission monitoring demonstration using the 
procedures specified in Sec.  60.35f(a)(6).
    (2) If the calculated NMOC emission rate is equal to or greater than 
34 megagrams per year using Tier 1, 2, or 3 procedures, the owner or 
operator must either: submit a collection and control system design plan 
prepared by a professional engineer to the Administrator within 1 year 
as specified in Sec.  60.38f(d), except for exemptions allowed under 
Sec.  60.31f(e)(3); calculate

[[Page 131]]

NMOC emissions using a higher tier in Sec.  60.35f; or conduct a surface 
emission monitoring demonstration using the procedures specified in 
Sec.  60.35f(a)(6).
    (3) For the closed landfill subcategory, if the calculated NMOC 
emission rate is equal to or greater than 50 megagrams per year using 
Tier 1, 2, or 3 procedures, the owner or operator must either: Submit a 
collection and control system design plan as specified in Sec.  
60.38f(d), except for exemptions allowed under Sec.  60.31f(e)(3); 
calculate NMOC emissions using a higher tier in Sec.  60.35f; or conduct 
a surface emission monitoring demonstration using the procedures 
specified in Sec.  60.35f(a)(6).
    (f) Removal criteria. The collection and control system may be 
capped, removed, or decommissioned if the following criteria are met:
    (1) The landfill is a closed landfill (as defined in Sec.  60.41f). 
A closure report must be submitted to the Administrator as provided in 
Sec.  60.38f(f).
    (2) The collection and control system has been in operation a 
minimum of 15 years or the landfill owner or operator demonstrates that 
the GCCS will be unable to operate for 15 years due to declining gas 
flow.
    (3) Following the procedures specified in Sec.  60.35f(b), the 
calculated NMOC emission rate at the landfill is less than 34 megagrams 
per year on three successive test dates. The test dates must be no less 
than 90 days apart, and no more than 180 days apart.
    (4) For the closed landfill subcategory (as defined in Sec.  60.41), 
following the procedures specified in Sec.  60.35f(b), the calculated 
NMOC emission rate at the landfill is less than 50 megagrams per year on 
three successive test dates. The test dates must be no less than 90 days 
apart, and no more than 180 days apart.



Sec.  60.34f  Operational standards for collection and control systems.

    For approval, a state plan must include provisions for the 
operational standards in this section (as well as the provisions in 
Sec. Sec.  60.36f and 60.37f), or the operational standards in Sec.  
63.1958 of this chapter (as well as the provisions in Sec. Sec.  63.1960 
of this chapter and 63.1961 of this chapter), or both as alternative 
means of compliance, for an MSW landfill with a gas collection and 
control system used to comply with the provisions of Sec.  60.33f(b) and 
(c). Once the owner or operator begins to comply with the provisions of 
Sec.  63.1958 of this chapter, the owner or operator must continue to 
operate the collection and control device according to those provisions 
and cannot return to the provisions of this section. Each owner or 
operator of an MSW landfill with a gas collection and control system 
used to comply with the provisions of Sec.  60.33f(b) and (c) must:
    (a) Operate the collection system such that gas is collected from 
each area, cell, or group of cells in the MSW landfill in which solid 
waste has been in place for:
    (1) Five (5) years or more if active; or
    (2) Two (2) years or more if closed or at final grade.
    (b) Operate the collection system with negative pressure at each 
wellhead except under the following conditions:
    (1) A fire or increased well temperature. The owner or operator must 
record instances when positive pressure occurs in efforts to avoid a 
fire. These records must be submitted with the annual reports as 
provided in Sec.  60.38f(h)(1).
    (2) Use of a geomembrane or synthetic cover. The owner or operator 
must develop acceptable pressure limits in the design plan.
    (3) A decommissioned well. A well may experience a static positive 
pressure after shut down to accommodate for declining flows. All design 
changes must be approved by the Administrator as specified in Sec.  
60.38f(d).
    (c) Operate each interior wellhead in the collection system with a 
landfill gas temperature less than 55 degrees Celsius (131 degrees 
Fahrenheit). The owner or operator may establish a higher operating 
temperature value at a particular well. A higher operating value 
demonstration must be submitted to the Administrator for approval and 
must include supporting data demonstrating that the elevated parameter 
neither causes fires nor significantly inhibits anaerobic decomposition 
by killing methanogens. The

[[Page 132]]

demonstration must satisfy both criteria in order to be approved (i.e., 
neither causing fires nor killing methanogens is acceptable).
    (d) Operate the collection system so that the methane concentration 
is less than 500 parts per million above background at the surface of 
the landfill. To determine if this level is exceeded, the owner or 
operator must conduct surface testing using an organic vapor analyzer, 
flame ionization detector, or other portable monitor meeting the 
specifications provided in Sec.  60.36(d). The owner or operator must 
conduct surface testing around the perimeter of the collection area and 
along a pattern that traverses the landfill at no more than 30-meter 
intervals and where visual observations indicate elevated concentrations 
of landfill gas, such as distressed vegetation and cracks or seeps in 
the cover and all cover penetrations. Thus, the owner or operator must 
monitor any openings that are within an area of the landfill where waste 
has been placed and a gas collection system is required. The owner or 
operator may establish an alternative traversing pattern that ensures 
equivalent coverage. A surface monitoring design plan must be developed 
that includes a topographical map with the monitoring route and the 
rationale for any site-specific deviations from the 30-meter intervals. 
Areas with steep slopes or other dangerous areas may be excluded from 
the surface testing.
    (e) Operate the system such that all collected gases are vented to a 
control system designed and operated in compliance with Sec.  60.33f(c). 
In the event the collection or control system is not operating, the gas 
mover system must be shut down and all valves in the collection and 
control system contributing to venting of the gas to the atmosphere must 
be closed within 1 hour of the collection or control system not 
operating.
    (f) Operate the control system at all times when the collected gas 
is routed to the system.
    (g) If monitoring demonstrates that the operational requirements in 
paragraph (b), (c), or (d) of this section are not met, corrective 
action must be taken as specified in Sec.  60.36f(a)(3) and (5) or (c). 
If corrective actions are taken as specified in Sec.  60.36f, the 
monitored exceedance is not a violation of the operational requirements 
in this section.

[81 FR 59313, Aug. 29, 2016, as amended at 85 FR 17259, Mar. 26, 2020]



Sec.  60.35f  Test methods and procedures.

    For approval, a state plan must include provisions in this section 
to calculate the landfill NMOC emission rate or to conduct a surface 
emission monitoring demonstration.
    (a)(1) NMOC Emission Rate. The landfill owner or operator must 
calculate the NMOC emission rate using either Equation 1 provided in 
paragraph (a)(1)(i) of this section or Equation 2 provided in paragraph 
(a)(1)(ii) of this section. Both Equation 1 and Equation 2 may be used 
if the actual year-to-year solid waste acceptance rate is known, as 
specified in paragraph (a)(1)(i) of this section, for part of the life 
of the landfill and the actual year-to-year solid waste acceptance rate 
is unknown, as specified in paragraph (a)(1)(ii) of this section, for 
part of the life of the landfill. The values to be used in both Equation 
1 and Equation 2 are 0.05 per year for k, 170 cubic meters per megagram 
for Lo, and 4,000 parts per million by volume as hexane for the 
CNMOC. For landfills located in geographical areas with a 30-
year annual average precipitation of less than 25 inches, as measured at 
the nearest representative official meteorologic site, the k value to be 
used is 0.02 per year.
    (i)(A) Equation 1 must be used if the actual year-to-year solid 
waste acceptance rate is known.
[GRAPHIC] [TIFF OMITTED] TR29AU16.000

Where:

MNMOC = Total NMOC emission rate from the landfill, megagrams 
          per year.

[[Page 133]]

k = Methane generation rate constant, year-1.
Lo = Methane generation potential, cubic meters per megagram 
          solid waste.
Mi = Mass of solid waste in the i\th\ section, megagrams.
ti = Age of the i\th\ section, years.
CNMOC = Concentration of NMOC, parts per million by volume as 
          hexane.
3.6 x 10-9 = Conversion factor.

    (B) The mass of nondegradable solid waste may be subtracted from the 
total mass of solid waste in a particular section of the landfill when 
calculating the value for Mi if documentation of the nature 
and amount of such wastes is maintained.
    (ii)(A) Equation 2 must be used if the actual year-to-year solid 
waste acceptance rate is unknown.
[GRAPHIC] [TIFF OMITTED] TR29AU16.001

Where:

MNMOC = Mass emission rate of NMOC, megagrams per year.
Lo = Methane generation potential, cubic meters per megagram 
          solid waste.
R = Average annual acceptance rate, megagrams per year.
k = Methane generation rate constant, year -1.
t = Age of landfill, years.
CNMOC = Concentration of NMOC, parts per million by volume as 
          hexane.
c = Time since closure, years; for an active landfill c = 0 and 
          e-kc = 1.
3.6 x 10-9 = Conversion factor.

    (B) The mass of nondegradable solid waste may be subtracted from the 
total mass of solid waste in a particular section of the landfill when 
calculating the value of R, if documentation of the nature and amount of 
such wastes is maintained.
    (2) Tier 1. The owner or operator must compare the calculated NMOC 
mass emission rate to the standard of 34 megagrams per year.
    (i) If the NMOC emission rate calculated in paragraph (a)(1) of this 
section is less than 34 megagrams per year, then the owner or operator 
must submit an NMOC emission rate report according to Sec.  60.38f(c), 
and must recalculate the NMOC mass emission rate annually as required 
under Sec.  60.33f(e).
    (ii) If the NMOC emission rate calculated in paragraph (a)(1) of 
this section is equal to or greater than 34 megagrams per year, then the 
landfill owner or operator must either:
    (A) Submit a gas collection and control system design plan within 1 
year as specified in Sec.  60.38f(d) and install and operate a gas 
collection and control system within 30 months according to Sec.  
60.33f(b) and (c);
    (B) Determine a site-specific NMOC concentration and recalculate the 
NMOC emission rate using the Tier 2 procedures provided in paragraph 
(a)(3) of this section; or
    (C) Determine a site-specific methane generation rate constant and 
recalculate the NMOC emission rate using the Tier 3 procedures provided 
in paragraph (a)(4) of this section.
    (3) Tier 2. The landfill owner or operator must determine the site-
specific NMOC concentration using the following sampling procedure. The 
landfill owner or operator must install at least two sample probes per 
hectare, evenly distributed over the landfill surface that has retained 
waste for at least 2 years. If the landfill is larger than 25 hectares 
in area, only 50 samples are required. The probes should be evenly 
distributed across the sample area. The sample probes should be located 
to avoid known areas of nondegradable solid waste. The owner or operator 
must collect and analyze one sample of landfill gas from each probe to 
determine the NMOC concentration using Method 25 or 25C of appendix A of 
this part. Taking composite samples from different probes into a single 
cylinder is allowed; however, equal sample volumes must be taken from 
each probe. For each composite, the sampling rate, collection times, 
beginning and ending cylinder vacuums, or alternative volume 
measurements must be recorded to verify that composite volumes are 
equal. Composite sample volumes should not be less than one liter

[[Page 134]]

unless evidence can be provided to substantiate the accuracy of smaller 
volumes. Terminate compositing before the cylinder approaches ambient 
pressure where measurement accuracy diminishes. If more than the 
required number of samples is taken, all samples must be used in the 
analysis. The landfill owner or operator must divide the NMOC 
concentration from Method 25 or 25C by six to convert from 
CNMOC as carbon to CNMOC as hexane. If the 
landfill has an active or passive gas removal system in place, Method 25 
or 25C samples may be collected from these systems instead of surface 
probes provided the removal system can be shown to provide sampling as 
representative as the two sampling probe per hectare requirement. For 
active collection systems, samples may be collected from the common 
header pipe. The sample location on the common header pipe must be 
before any gas moving, condensate removal, or treatment system 
equipment. For active collection systems, a minimum of three samples 
must be collected from the header pipe.
    (i) Within 60 days after the date of determining the NMOC 
concentration and corresponding NMOC emission rate, the owner or 
operator must submit the results according to Sec.  60.38f(j)(2).
    (ii) The landfill owner or operator must recalculate the NMOC mass 
emission rate using Equation 1 or Equation 2 provided in paragraph 
(a)(1)(i) or (ii) of this section using the average site-specific NMOC 
concentration from the collected samples instead of the default value 
provided in paragraph (a)(1) of this section.
    (iii) If the resulting NMOC mass emission rate is less than 34 
megagrams per year, then the owner or operator must submit a periodic 
estimate of NMOC emissions in an NMOC emission rate report according to 
Sec.  60.38f(c), and must recalculate the NMOC mass emission rate 
annually as required under Sec.  60.33f(e). The site-specific NMOC 
concentration must be retested every 5 years using the methods specified 
in this section.
    (iv) If the NMOC mass emission rate as calculated using the Tier 2 
site-specific NMOC concentration is equal to or greater than 34 
megagrams per year, the owner or operator must either:
    (A) Submit a gas collection and control system design plan within 1 
year as specified in Sec.  60.38f(d) and install and operate a gas 
collection and control system within 30 months according to Sec.  
60.33f(b) and (c);
    (B) Determine a site-specific methane generation rate constant and 
recalculate the NMOC emission rate using the site-specific methane 
generation rate using the Tier 3 procedures specified in paragraph 
(a)(4) of this section; or
    (C) Conduct a surface emission monitoring demonstration using the 
Tier 4 procedures specified in paragraph (a)(6) of this section.
    (4) Tier 3. The site-specific methane generation rate constant must 
be determined using the procedures provided in Method 2E of appendix A 
of this part. The landfill owner or operator must estimate the NMOC mass 
emission rate using Equation 1 or Equation 2 in paragraph (a)(1)(i) or 
(ii) of this section and using a site-specific methane generation rate 
constant, and the site-specific NMOC concentration as determined in 
paragraph (a)(3) of this section instead of the default values provided 
in paragraph (a)(1) of this section. The landfill owner or operator must 
compare the resulting NMOC mass emission rate to the standard of 34 
megagrams per year.
    (i) If the NMOC mass emission rate as calculated using the Tier 2 
site-specific NMOC concentration and Tier 3 site-specific methane 
generation rate is equal to or greater than 34 megagrams per year, the 
owner or operator must either:
    (A) Submit a gas collection and control system design plan within 1 
year as specified in Sec.  60.38f(d) and install and operate a gas 
collection and control system within 30 months according to Sec.  
60.33f(b) and (c); or
    (B) Conduct a surface emission monitoring demonstration using the 
Tier 4 procedures specified in paragraph (a)(6) of this section.
    (ii) If the NMOC mass emission rate is less than 34 megagrams per 
year, then the owner or operator must recalculate the NMOC mass emission 
rate annually using Equation 1 or Equation

[[Page 135]]

2 in paragraph (a)(1) of this section and using the site-specific Tier 2 
NMOC concentration and Tier 3 methane generation rate constant and 
submit a periodic NMOC emission rate report as provided in Sec.  
60.38f(c). The calculation of the methane generation rate constant is 
performed only once, and the value obtained from this test must be used 
in all subsequent annual NMOC emission rate calculations.
    (5) Other methods. The owner or operator may use other methods to 
determine the NMOC concentration or a site-specific methane generation 
rate constant as an alternative to the methods required in paragraphs 
(a)(3) and (4) of this section if the method has been approved by the 
Administrator.
    (6) Tier 4. The landfill owner or operator must demonstrate that 
surface methane emissions are below 500 parts per million. Surface 
emission monitoring must be conducted on a quarterly basis using the 
following procedures. Tier 4 is allowed only if the landfill owner or 
operator can demonstrate that NMOC emissions are greater than or equal 
to 34 Mg/yr but less than 50 Mg/yr using Tier 1 or Tier 2. If both Tier 
1 and Tier 2 indicate NMOC emissions are 50 Mg/yr or greater, then Tier 
4 cannot be used. In addition, the landfill must meet the criteria in 
paragraph (a)(6)(viii) of this section.
    (i) The owner or operator must measure surface concentrations of 
methane along the entire perimeter of the landfill and along a pattern 
that traverses the landfill at no more than 30-meter intervals using an 
organic vapor analyzer, flame ionization detector, or other portable 
monitor meeting the specifications provided in Sec.  60.36f(d).
    (ii) The background concentration must be determined by moving the 
probe inlet upwind and downwind at least 30 meters from the waste mass 
boundary of the landfill.
    (iii) Surface emission monitoring must be performed in accordance 
with section 8.3.1 of Method 21 of appendix A of this part, except that 
the probe inlet must be placed no more than 5 centimeters above the 
landfill surface; the constant measurement of distance above the surface 
should be based on a mechanical device such as with a wheel on a pole.
    (A) The owner or operator must use a wind barrier, similar to a 
funnel, when onsite average wind speed exceeds 4 miles per hour or 2 
meters per second or gust exceeding 10 miles per hour. Average on-site 
wind speed must also be determined in an open area at 5-minute intervals 
using an on-site anemometer with a continuous recorder and data logger 
for the entire duration of the monitoring event. The wind barrier must 
surround the SEM monitor, and must be placed on the ground, to ensure 
wind turbulence is blocked. SEM cannot be conducted if average wind 
speed exceeds 25 miles per hour.
    (B) Landfill surface areas where visual observations indicate 
elevated concentrations of landfill gas, such as distressed vegetation 
and cracks or seeps in the cover, and all cover penetrations must also 
be monitored using a device meeting the specifications provided in Sec.  
60.36f(d).
    (iv) Each owner or operator seeking to comply with the Tier 4 
provisions in paragraph (a)(6) of this section must maintain records of 
surface emission monitoring as provided in Sec.  60.39f(g) and submit a 
Tier 4 surface emissions report as provided in Sec.  60.38f(d)(4)(iii).
    (v) If there is any measured concentration of methane of 500 parts 
per million or greater from the surface of the landfill, the owner or 
operator must submit a gas collection and control system design plan 
within 1 year of the first measured concentration of methane of 500 
parts per million or greater from the surface of the landfill according 
to Sec.  60.38f(d) and install and operate a gas collection and control 
system according to Sec.  60.33f(b) and (c) within 30 months of the most 
recent NMOC emission rate report in which the NMOC emission rate equals 
or exceeds 34 megagrams per year based on Tier 2.
    (vi) If after four consecutive quarterly monitoring periods at a 
landfill, other than a closed landfill, there is no measured 
concentration of methane of 500 parts per million or greater from the 
surface of the landfill, the owner or operator must continue quarterly 
surface emission monitoring using the methods specified in this section.

[[Page 136]]

    (vii) If after four consecutive quarterly monitoring periods at a 
closed landfill there is no measured concentration of methane of 500 
parts per million or greater from the surface of the landfill, the owner 
or operator must conduct annual surface emission monitoring using the 
methods specified in this section.
    (viii) If a landfill has installed and operates a collection and 
control system that is not required by this subpart, then the collection 
and control system must meet the following criteria:
    (A) The gas collection and control system must have operated for at 
least 6,570 out of 8,760 hours preceding the Tier 4 surface emissions 
monitoring demonstration.
    (B) During the Tier 4 surface emissions monitoring demonstration, 
the gas collection and control system must operate as it normally would 
to collect and control as much landfill gas as possible.
    (b) After the installation and startup of a collection and control 
system in compliance with this subpart, the owner or operator must 
calculate the NMOC emission rate for purposes of determining when the 
system can be capped, removed, or decommissioned as provided in Sec.  
60.33f(f), using Equation 3:
[GRAPHIC] [TIFF OMITTED] TR29AU16.002

Where:

MNMOC = Mass emission rate of NMOC, megagrams per year.
QLFG = Flow rate of landfill gas, cubic meters per minute.
CNMOC = NMOC concentration, parts per million by volume as 
          hexane.

    (1) The flow rate of landfill gas, QLFG, must be 
determined by measuring the total landfill gas flow rate at the common 
header pipe that leads to the control system using a gas flow measuring 
device calibrated according to the provisions of section 10 of Method 2E 
of appendix A of this part.
    (2) The average NMOC concentration, CNMOC, must be 
determined by collecting and analyzing landfill gas sampled from the 
common header pipe before the gas moving or condensate removal equipment 
using the procedures in Method 25 or Method 25C of appendix A of this 
part. The sample location on the common header pipe must be before any 
condensate removal or other gas refining units. The landfill owner or 
operator must divide the NMOC concentration from Method 25 or Method 25C 
by six to convert from CNMOC as carbon to CNMOC as 
hexane.
    (3) The owner or operator may use another method to determine 
landfill gas flow rate and NMOC concentration if the method has been 
approved by the Administrator.
    (i) Within 60 days after the date of calculating the NMOC emission 
rate for purposes of determining when the system can be capped or 
removed, the owner or operator must submit the results according to 
Sec.  60.38f(j)(2).
    (ii) [Reserved]
    (c) When calculating emissions for Prevention of Significant 
Deterioration purposes, the owner or operator of each MSW landfill 
subject to the provisions of this subpart must estimate the NMOC 
emission rate for comparison to the Prevention of Significant 
Deterioration major source and significance levels in Sec.  51.166 or 
Sec.  52.21 of this chapter using Compilation of Air Pollutant Emission 
Factors, Volume I: Stationary Point and Area Sources (AP-42) or other 
approved measurement procedures.
    (d) For the performance test required in Sec.  60.33f(c)(1), the net 
heating value of the combusted landfill gas as determined in Sec.  
60.18(f)(3) is calculated from the concentration of methane in the 
landfill gas as measured by Method 3C. A minimum of three 30-minute 
Method 3C samples are determined. The measurement of other organic 
components, hydrogen, and carbon monoxide is not applicable. Method 3C 
may be used to determine the landfill gas molecular weight for 
calculating the flare gas exit velocity under Sec.  60.18(f)(4).

[[Page 137]]

    (1) Within 60 days after the date of completing each performance 
test (as defined in Sec.  60.8), the owner or operator must submit the 
results of the performance tests required by paragraph (b) or (d) of 
this section, including any associated fuel analyses, according to Sec.  
60.38f(j)(1).
    (2) [Reserved]
    (e) For the performance test required in Sec.  60.33f(c)(2), Method 
25 or 25C (Method 25C may be used at the inlet only) of appendix A of 
this part must be used to determine compliance with the 98 weight-
percent efficiency or the 20 parts per million by volume outlet NMOC 
concentration level, unless another method to demonstrate compliance has 
been approved by the Administrator as provided by Sec.  60.38f(d)(2). 
Method 3, 3A, or 3C must be used to determine oxygen for correcting the 
NMOC concentration as hexane to 3 percent. In cases where the outlet 
concentration is less than 50 ppm NMOC as carbon (8 ppm NMOC as hexane), 
Method 25A should be used in place of Method 25. Method 18 may be used 
in conjunction with Method 25A on a limited basis (compound specific, 
e.g., methane) or Method 3C may be used to determine methane. The 
methane as carbon should be subtracted from the Method 25A total 
hydrocarbon value as carbon to give NMOC concentration as carbon. The 
landfill owner or operator must divide the NMOC concentration as carbon 
by 6 to convert the CNMOC as carbon to CNMOC as 
hexane. Equation 4 must be used to calculate efficiency:
[GRAPHIC] [TIFF OMITTED] TR29AU16.003

Where:

NMOCin = Mass of NMOC entering control device.
NMOCout = Mass of NMOC exiting control device.

    (1) Within 60 days after the date of completing each performance 
test (as defined in Sec.  60.8), the owner or operator must submit the 
results of the performance tests, including any associated fuel 
analyses, according to Sec.  60.38f(j)(1).
    (2) [Reserved]



Sec.  60.36f  Compliance provisions.

    For approval, a state plan must include the compliance provisions in 
this section (as well as the provisions in Sec. Sec.  60.34f and 
60.37f), or the compliance provisions in Sec.  63.1960 of this chapter 
(as well as the provisions in Sec. Sec.  63.1958 of this chapter and 
63.1961 of this chapter), or both as alternative means of compliance, 
for an MSW landfill with a gas collection and control system used to 
comply with the provisions of Sec.  60.33f(b) and (c). Once the owner or 
operator begins to comply with the provisions of Sec.  63.1960 of this 
chapter, the owner or operator must continue to operate the collection 
and control device according to those provisions and cannot return to 
the provisions of this section.
    (a) Except as provided in Sec.  60.38f(d)(2), the specified methods 
in paragraphs (a)(1) through (6) of this section must be used to 
determine whether the gas collection system is in compliance with Sec.  
60.33f(b)(2).
    (1) For the purposes of calculating the maximum expected gas 
generation flow rate from the landfill to determine compliance with 
Sec.  60.33f(b)(2)(i), either Equation 5 or Equation 6 in paragraph 
(a)(1)(i) or (ii) of this section must be used. The methane generation 
rate constant (k) and methane generation potential (Lo) 
kinetic factors should be those published in the most recent AP-42 or 
other site-specific values demonstrated to be appropriate and approved 
by the Administrator. If k has been determined as specified in Sec.  
60.35f(a)(4), the value of k determined from the test must be used. A 
value of no more than 15 years must be used for the intended use period 
of the gas mover equipment. The active life of the landfill is the age 
of the landfill plus the estimated number of years until closure.
    (i) For sites with unknown year-to-year solid waste acceptance rate:

[[Page 138]]

[GRAPHIC] [TIFF OMITTED] TR29AU16.004

Where:

Qm = Maximum expected gas generation flow rate, cubic meters 
          per year.
Lo = Methane generation potential, cubic meters per megagram 
          solid waste.
R = Average annual acceptance rate, megagrams per year.
k = Methane generation rate constant, year-1.
t = Age of the landfill at equipment installation plus the time the 
          owner or operator intends to use the gas mover equipment or 
          active life of the landfill, whichever is less. If the 
          equipment is installed after closure, t is the age of the 
          landfill at installation, years.
c = Time since closure, years (for an active landfill c = 0 and 
          e-kc = 1).

    (ii) For sites with known year-to-year solid waste acceptance rate:
    [GRAPHIC] [TIFF OMITTED] TR29AU16.005
    
Where:

QM = Maximum expected gas generation flow rate, cubic meters 
          per year.
k = Methane generation rate constant, year-1.
Lo = Methane generation potential, cubic meters per megagram 
          solid waste.
Mi = Mass of solid waste in the i\th\ section, megagrams.
ti = Age of the i\th\ section, years.

    (iii) If a collection and control system has been installed, actual 
flow data may be used to project the maximum expected gas generation 
flow rate instead of, or in conjunction with, Equation 5 or Equation 6 
in paragraph (a)(1)(i) or (ii) of this section. If the landfill is still 
accepting waste, the actual measured flow data will not equal the 
maximum expected gas generation rate, so calculations using Equation 5 
or Equation 6 or other methods must be used to predict the maximum 
expected gas generation rate over the intended period of use of the gas 
control system equipment.
    (2) For the purposes of determining sufficient density of gas 
collectors for compliance with Sec.  60.33f(b)(2)(ii), the owner or 
operator must design a system of vertical wells, horizontal collectors, 
or other collection devices, satisfactory to the Administrator, capable 
of controlling and extracting gas from all portions of the landfill 
sufficient to meet all operational and performance standards.
    (3) For the purpose of demonstrating whether the gas collection 
system flow rate is sufficient to determine compliance with Sec.  
60.33f(b)(2)(iii), the owner or operator must measure gauge pressure in 
the gas collection header applied to each individual well monthly. If a 
positive pressure exists, action must be initiated to correct the 
exceedance within 5 calendar days, except for the three conditions 
allowed under Sec.  60.34f(b). Any attempted corrective measure must not 
cause exceedances of other operational or performance standards.
    (i) If negative pressure cannot be achieved without excess air 
infiltration within 15 calendar days of the first measurement of 
positive pressure, the owner or operator must conduct a root cause 
analysis and correct the exceedance as soon as practicable, but not 
later than 60 days after positive pressure was first measured. The owner 
or operator must keep records according to Sec.  60.39f(e)(3).
    (ii) If corrective actions cannot be fully implemented within 60 
days following the positive pressure or elevated temperature measurement 
for which the root cause analysis was required, the owner or operator 
must also conduct a corrective action analysis and develop an 
implementation schedule to complete the corrective action(s) as soon as 
practicable, but no more than 120 days following the measurement of 
landfill gas temperature

[[Page 139]]

greater than 55 degrees Celsius (131 degrees Fahrenheit) or positive 
pressure. The owner or operator must submit the items listed in Sec.  
60.38f(h)(7) as part of the next annual report. The owner or operator 
must keep records according to Sec.  60.39f(e)(4).
    (iii) If corrective action is expected to take longer than 120 days 
to complete after the initial exceedance, the owner or operator must 
submit the root cause analysis, corrective action analysis, and 
corresponding implementation timeline to the Administrator, according to 
Sec.  60.38f(h)(7) and (k). The owner or operator must keep records 
according to Sec.  60.39f(e)(5).
    (4) [Reserved]
    (5) For the purpose of identifying whether excess air infiltration 
into the landfill is occurring, the owner or operator must monitor each 
well monthly for temperature as provided in Sec.  60.34f(c). If a well 
exceeds the operating parameter for temperature, action must be 
initiated to correct the exceedance within 5 calendar days. Any 
attempted corrective measure must not cause exceedances of other 
operational or performance standards.
    (i) If a landfill gas temperature less than 55 degrees Celsius (131 
degrees Fahrenheit) cannot be achieved within 15 calendar days of the 
first measurement of landfill gas temperature greater than 55 degrees 
Celsius (131 degrees Fahrenheit), the owner or operator must conduct a 
root cause analysis and correct the exceedance as soon as practicable, 
but no later than 60 days after a landfill gas temperature greater than 
55 degrees Celsius (131 degrees Fahrenheit) was first measured. The 
owner or operator must keep records according to Sec.  60.39f(e)(3).
    (ii) If corrective actions cannot be fully implemented within 60 
days following the positive pressure measurement for which the root 
cause analysis was required, the owner or operator must also conduct a 
corrective action analysis and develop an implementation schedule to 
complete the corrective action(s) as soon as practicable, but no more 
than 120 days following the measurement of landfill gas temperature 
greater than 55 degrees Celsius (131 degrees Fahrenheit). The owner or 
operator must submit the items listed in Sec.  60.38f(h)(7) as part of 
the next annual report. The owner or operator must keep records 
according to Sec.  60.39f(e)(4).
    (iii) If corrective action is expected to take longer than 120 days 
to complete after the initial exceedance, the owner or operator must 
submit the root cause analysis, corrective action analysis, and 
corresponding implementation timeline to the Administrator, according to 
Sec.  60.38f(h)(7) and (k). The owner or operator must keep records 
according to Sec.  60.39f(e)(5).
    (6) An owner or operator seeking to demonstrate compliance with 
Sec.  60.33f(b)(2)(iv) through the use of a collection system not 
conforming to the specifications provided in Sec.  60.40f must provide 
information satisfactory to the Administrator as specified in Sec.  
60.38f(d)(3) demonstrating that off-site migration is being controlled.
    (b) For purposes of compliance with Sec.  60.34f(a), each owner or 
operator of a controlled landfill must place each well or design 
component as specified in the approved design plan as provided in Sec.  
60.38f(d). Each well must be installed no later than 60 days after the 
date on which the initial solid waste has been in place for a period of:
    (1) Five (5) years or more if active; or
    (2) Two (2) years or more if closed or at final grade.
    (c) The following procedures must be used for compliance with the 
surface methane operational standard as provided in Sec.  60.34f(d):
    (1) After installation and startup of the gas collection system, the 
owner or operator must monitor surface concentrations of methane along 
the entire perimeter of the collection area and along a pattern that 
traverses the landfill at no more than 30-meter intervals (or a site-
specific established spacing) for each collection area on a quarterly 
basis using an organic vapor analyzer, flame ionization detector, or 
other portable monitor meeting the specifications provided in paragraph 
(d) of this section.
    (2) The background concentration must be determined by moving the 
probe inlet upwind and downwind outside the boundary of the landfill at 
a distance of at least 30 meters from the perimeter wells.

[[Page 140]]

    (3) Surface emission monitoring must be performed in accordance with 
section 8.3.1 of Method 21 of appendix A of this part, except that the 
probe inlet must be placed within 5 to 10 centimeters of the ground. 
Monitoring must be performed during typical meteorological conditions.
    (4) Any reading of 500 parts per million or more above background at 
any location must be recorded as a monitored exceedance and the actions 
specified in paragraphs (c)(4)(i) through (v) of this section must be 
taken. As long as the specified actions are taken, the exceedance is not 
a violation of the operational requirements of Sec.  60.34f(d).
    (i) The location of each monitored exceedance must be marked and the 
location and concentration recorded. For location, you must determine 
the latitude and longitude coordinates using an instrument with an 
accuracy of at least 4 meters. The coordinates must be in decimal 
degrees with at least five decimal places.
    (ii) Cover maintenance or adjustments to the vacuum of the adjacent 
wells to increase the gas collection in the vicinity of each exceedance 
must be made and the location must be re-monitored within 10 calendar 
days of detecting the exceedance.
    (iii) If the re-monitoring of the location shows a second 
exceedance, additional corrective action must be taken and the location 
must be monitored again within 10 days of the second exceedance. If the 
re-monitoring shows a third exceedance for the same location, the action 
specified in paragraph (c)(4)(v) of this section must be taken, and no 
further monitoring of that location is required until the action 
specified in paragraph (c)(4)(v) of this section has been taken.
    (iv) Any location that initially showed an exceedance but has a 
methane concentration less than 500 parts per million methane above 
background at the 10-day re-monitoring specified in paragraph (c)(4)(ii) 
or (iii) of this section must be re-monitored 1 month from the initial 
exceedance. If the 1-month re-monitoring shows a concentration less than 
500 parts per million above background, no further monitoring of that 
location is required until the next quarterly monitoring period. If the 
1-month re-monitoring shows an exceedance, the actions specified in 
paragraph (c)(4)(iii) or (v) of this section must be taken.
    (v) For any location where monitored methane concentration equals or 
exceeds 500 parts per million above background three times within a 
quarterly period, a new well or other collection device must be 
installed within 120 calendar days of the initial exceedance. An 
alternative remedy to the exceedance, such as upgrading the blower, 
header pipes or control device, and a corresponding timeline for 
installation may be submitted to the Administrator for approval.
    (5) The owner or operator must implement a program to monitor for 
cover integrity and implement cover repairs as necessary on a monthly 
basis.
    (d) Each owner or operator seeking to comply with the provisions in 
paragraph (c) of this section or Sec.  60.35f(a)(6) must comply with the 
following instrumentation specifications and procedures for surface 
emission monitoring devices:
    (1) The portable analyzer must meet the instrument specifications 
provided in section 6 of Method 21 of appendix A of this part, except 
that ``methane'' replaces all references to ``VOC''.
    (2) The calibration gas must be methane, diluted to a nominal 
concentration of 500 parts per million in air.
    (3) To meet the performance evaluation requirements in section 8.1 
of Method 21 of appendix A of this part, the instrument evaluation 
procedures of section 8.1 of Method 21 must be used.
    (4) The calibration procedures provided in sections 8 and 10 of 
Method 21 of appendix A of this part must be followed immediately before 
commencing a surface monitoring survey.
    (e) The provisions of this subpart apply at all times, including 
periods of startup, shutdown, or malfunction. During periods of startup, 
shutdown, and malfunction, you must comply with the work practice 
specified in Sec.  60.34f(e) in lieu of the compliance provisions in 
Sec.  60.36f.

[81 FR 59313, Aug. 29, 2016, as amended at 85 FR 17259, Mar. 26, 2020]

[[Page 141]]



Sec.  60.37f  Monitoring of operations.

    For approval, a state plan must include the monitoring provisions in 
this section, (as well as the provisions in Sec. Sec.  60.34f and 
60.36f) except as provided in Sec.  60.38f(d)(2), or the monitoring 
provisions in Sec.  63.1961 of this chapter (as well as the provisions 
in Sec. Sec.  63.1958 of this chapter and 63.1960 of this chapter), or 
both as alternative means of compliance, for an MSW landfill with a gas 
collection and control system used to comply with the provisions of 
Sec.  60.33f(b) and (c). Once the owner or operator begins to comply 
with the provisions of Sec.  63.1961 of this chapter, the owner or 
operator must continue to operate the collection and control device 
according to those provisions and cannot return to the provisions of 
this section.
    (a) Each owner or operator seeking to comply with Sec.  60.33f(b)(2) 
for an active gas collection system must install a sampling port and a 
thermometer, other temperature measuring device, or an access port for 
temperature measurements at each wellhead and:
    (1) Measure the gauge pressure in the gas collection header on a 
monthly basis as provided in Sec.  60.36f(a)(3); and
    (2) Monitor nitrogen or oxygen concentration in the landfill gas on 
a monthly basis as follows:
    (i) The nitrogen level must be determined using Method 3C, unless an 
alternative test method is established as allowed by Sec.  60.38f(d)(2).
    (ii) Unless an alternative test method is established as allowed by 
Sec.  60.38f(d)(2), the oxygen level must be determined by an oxygen 
meter using Method 3A, 3C, or ASTM D6522-11 (incorporated by reference, 
see Sec.  60.17). Determine the oxygen level by an oxygen meter using 
Method 3A, 3C, or ASTM D6522-11 (if sample location is prior to 
combustion) except that:
    (A) The span must be set between 10 and 12 percent oxygen;
    (B) A data recorder is not required;
    (C) Only two calibration gases are required, a zero and span;
    (D) A calibration error check is not required; and
    (E) The allowable sample bias, zero drift, and calibration drift are 
10 percent.
    (iii) A portable gas composition analyzer may be used to monitor the 
oxygen levels provided:
    (A) The analyzer is calibrated; and
    (B) The analyzer meets all quality assurance and quality control 
requirements for Method 3A or ASTM D6522-11 (incorporated by reference, 
see Sec.  60.17).
    (3) Monitor temperature of the landfill gas on a monthly basis as 
provided in Sec.  60.36f(a)(5). The temperature measuring device must be 
calibrated annually using the procedure in this part 60, appendix A-1, 
Method 2, Section 10.3.
    (b) Each owner or operator seeking to comply with Sec.  60.33f(c) 
using an enclosed combustor must calibrate, maintain, and operate 
according to the manufacturer's specifications, the following equipment:
    (1) A temperature monitoring device equipped with a continuous 
recorder and having a minimum accuracy of 1 
percent of the temperature being measured expressed in degrees Celsius 
or 0.5 degrees Celsius, whichever is greater. A 
temperature monitoring device is not required for boilers or process 
heaters with design heat input capacity equal to or greater than 44 
megawatts.
    (2) A device that records flow to the control device and bypass of 
the control device (if applicable). The owner or operator must:
    (i) Install, calibrate, and maintain a gas flow rate measuring 
device that must record the flow to the control device at least every 15 
minutes; and
    (ii) Secure the bypass line valve in the closed position with a car-
seal or a lock-and-key type configuration. A visual inspection of the 
seal or closure mechanism must be performed at least once every month to 
ensure that the valve is maintained in the closed position and that the 
gas flow is not diverted through the bypass line.
    (c) Each owner or operator seeking to comply with Sec.  60.33f(c) 
using a non-enclosed flare must install, calibrate, maintain, and 
operate according to the manufacturer's specifications the following 
equipment:
    (1) A heat sensing device, such as an ultraviolet beam sensor or 
thermocouple, at the pilot light or the flame itself to indicate the 
continuous presence of a flame.

[[Page 142]]

    (2) A device that records flow to the flare and bypass of the flare 
(if applicable). The owner or operator must:
    (i) Install, calibrate, and maintain a gas flow rate measuring 
device that records the flow to the control device at least every 15 
minutes; and
    (ii) Secure the bypass line valve in the closed position with a car-
seal or a lock-and-key type configuration. A visual inspection of the 
seal or closure mechanism must be performed at least once every month to 
ensure that the valve is maintained in the closed position and that the 
gas flow is not diverted through the bypass line.
    (d) Each owner or operator seeking to demonstrate compliance with 
Sec.  60.33f(c) using a device other than a non-enclosed flare or an 
enclosed combustor or a treatment system must provide information 
satisfactory to the Administrator as provided in Sec.  60.38f(d)(2) 
describing the operation of the control device, the operating parameters 
that would indicate proper performance, and appropriate monitoring 
procedures. The Administrator must review the information and either 
approve it, or request that additional information be submitted. The 
Administrator may specify additional appropriate monitoring procedures.
    (e) Each owner or operator seeking to install a collection system 
that does not meet the specifications in Sec.  60.40f or seeking to 
monitor alternative parameters to those required by Sec. Sec.  60.34f 
through 60.37f must provide information satisfactory to the 
Administrator as provided in Sec.  60.38f(d)(2) and (3) describing the 
design and operation of the collection system, the operating parameters 
that would indicate proper performance, and appropriate monitoring 
procedures. The Administrator may specify additional appropriate 
monitoring procedures.
    (f) Each owner or operator seeking to demonstrate compliance with 
the 500 parts per million surface methane operational standard in Sec.  
60.34f(d) must monitor surface concentrations of methane according to 
the procedures provided in Sec.  60.36f(c) and the instrument 
specifications in Sec.  60.36f(d). Any closed landfill that has no 
monitored exceedances of the operational standard in three consecutive 
quarterly monitoring periods may skip to annual monitoring. Any methane 
reading of 500 parts per million or more above background detected 
during the annual monitoring returns the frequency for that landfill to 
quarterly monitoring.
    (g) Each owner or operator seeking to demonstrate compliance with 
the control system requirements in Sec.  60.33f(c) using a landfill gas 
treatment system must maintain and operate all monitoring systems 
associated with the treatment system in accordance with the site-
specific treatment system monitoring plan required in Sec.  
60.39f(b)(5)(ii) and must calibrate, maintain, and operate according to 
the manufacturer's specifications a device that records flow to the 
treatment system and bypass of the treatment system (if applicable). The 
owner or operator must:
    (1) Install, calibrate, and maintain a gas flow rate measuring 
device that records the flow to the treatment system at least every 15 
minutes; and
    (2) Secure the bypass line valve in the closed position with a car-
seal or a lock-and-key type configuration. A visual inspection of the 
seal or closure mechanism must be performed at least once every month to 
ensure that the valve is maintained in the closed position and that the 
gas flow is not diverted through the bypass line.
    (h) The monitoring requirements of paragraphs (b), (c) (d) and (g) 
of this section apply at all times the affected source is operating, 
except for periods of monitoring system malfunctions, repairs associated 
with monitoring system malfunctions, and required monitoring system 
quality assurance or quality control activities. A monitoring system 
malfunction is any sudden, infrequent, not reasonably preventable 
failure of the monitoring system to provide valid data. Monitoring 
system failures that are caused in part by poor maintenance or careless 
operation are not malfunctions. You are required to complete monitoring 
system repairs in response to monitoring system malfunctions and to 
return the monitoring system to operation as expeditiously as 
practicable.

[81 FR 59313, Aug. 29, 2016, as amended at 85 FR 17260, Mar. 26, 2020]

[[Page 143]]



Sec.  60.38f  Reporting guidelines.

    For approval, a state plan must include the reporting provisions 
listed in this section, as applicable, except as provided under 
Sec. Sec.  60.24 and 60.38f(d)(2).
    (a) Design capacity report. For existing MSW landfills subject to 
this subpart, the initial design capacity report must be submitted no 
later than 90 days after the effective date of EPA approval of the 
state's plan under section 111(d) of the Clean Air Act. The initial 
design capacity report must contain the following information:
    (1) A map or plot of the landfill, providing the size and location 
of the landfill, and identifying all areas where solid waste may be 
landfilled according to the permit issued by the state, local, or tribal 
agency responsible for regulating the landfill.
    (2) The maximum design capacity of the landfill. Where the maximum 
design capacity is specified in the permit issued by the state, local, 
or tribal agency responsible for regulating the landfill, a copy of the 
permit specifying the maximum design capacity may be submitted as part 
of the report. If the maximum design capacity of the landfill is not 
specified in the permit, the maximum design capacity must be calculated 
using good engineering practices. The calculations must be provided, 
along with the relevant parameters as part of the report. The landfill 
may calculate design capacity in either megagrams or cubic meters for 
comparison with the exemption values. If the owner or operator chooses 
to convert the design capacity from volume to mass or from mass to 
volume to demonstrate its design capacity is less than 2.5 million 
megagrams or 2.5 million cubic meters, the calculation must include a 
site-specific density, which must be recalculated annually. Any density 
conversions must be documented and submitted with the design capacity 
report. The state, local, or tribal agency or the Administrator may 
request other reasonable information as may be necessary to verify the 
maximum design capacity of the landfill.
    (b) Amended design capacity report. An amended design capacity 
report must be submitted providing notification of an increase in the 
design capacity of the landfill, within 90 days of an increase in the 
maximum design capacity of the landfill to meet or exceed 2.5 million 
megagrams and 2.5 million cubic meters. This increase in design capacity 
may result from an increase in the permitted volume of the landfill or 
an increase in the density as documented in the annual recalculation 
required in Sec.  60.39f(f).
    (c) NMOC emission rate report. For existing MSW landfills covered by 
this subpart with a design capacity equal to or greater than 2.5 million 
megagrams and 2.5 million cubic meters, the NMOC emission rate report 
must be submitted following the procedure specified in paragraph (j)(2) 
of this section no later than 90 days after the effective date of EPA 
approval of the state's plan under section 111(d) of the Clean Air Act. 
The NMOC emission rate report must be submitted to the Administrator 
annually following the procedure specified in paragraph (j)(2) of this 
section, except as provided for in paragraph (c)(3) of this section. The 
Administrator may request such additional information as may be 
necessary to verify the reported NMOC emission rate.
    (1) The NMOC emission rate report must contain an annual or 5-year 
estimate of the NMOC emission rate calculated using the formula and 
procedures provided in Sec.  60.35f(a) or (b), as applicable.
    (2) The NMOC emission rate report must include all the data, 
calculations, sample reports and measurements used to estimate the 
annual or 5-year emissions.
    (3) If the estimated NMOC emission rate as reported in the annual 
report to the Administrator is less than 34 megagrams per year in each 
of the next 5 consecutive years, the owner or operator may elect to 
submit, following the procedure specified in paragraph (j)(2) of this 
section, an estimate of the NMOC emission rate for the next 5-year 
period in lieu of the annual report. This estimate must include the 
current amount of solid waste-in-place and the estimated waste 
acceptance rate for each year of the 5 years for which an NMOC emission 
rate is estimated. All data and calculations upon which this estimate is 
based must be provided to the Administrator. This estimate must

[[Page 144]]

be revised at least once every 5 years. If the actual waste acceptance 
rate exceeds the estimated waste acceptance rate in any year reported in 
the 5-year estimate, a revised 5-year estimate must be submitted to the 
Administrator. The revised estimate must cover the 5-year period 
beginning with the year in which the actual waste acceptance rate 
exceeded the estimated waste acceptance rate.
    (4) Each owner or operator subject to the requirements of this 
subpart is exempted from the requirements to submit an NMOC emission 
rate report, after installing a collection and control system that 
complies with Sec.  60.33f(b) and (c), during such time as the 
collection and control system is in operation and in compliance with 
Sec. Sec.  60.34f and 60.36f.
    (d) Collection and control system design plan. The state plan must 
include a process for state review and approval of the site-specific 
design plan for each gas collection and control system. The collection 
and control system design plan must be prepared and approved by a 
professional engineer and must meet the following requirements:
    (1) The collection and control system as described in the design 
plan must meet the design requirements in Sec.  60.33f(b) and (c).
    (2) The collection and control system design plan must include any 
alternatives to the operational standards, test methods, procedures, 
compliance measures, monitoring, recordkeeping, or reporting provisions 
of Sec. Sec.  60.34f through 60.39f proposed by the owner or operator.
    (3) The collection and control system design plan must either 
conform to specifications for active collection systems in Sec.  60.40f 
or include a demonstration to the Administrator's satisfaction of the 
sufficiency of the alternative provisions to Sec.  60.40f.
    (4) Each owner or operator of an MSW landfill having a design 
capacity equal to or greater than 2.5 million megagrams and 2.5 million 
cubic meters must submit a copy of the collection and control system 
design plan cover page that contains the engineer's seal to the 
Administrator within 1 year of the first NMOC emission rate report in 
which the NMOC emission rate equals or exceeds 34 megagrams per year, 
except as follows:
    (i) If the owner or operator elects to recalculate the NMOC emission 
rate after Tier 2 NMOC sampling and analysis as provided in Sec.  
60.35f(a)(3) and the resulting rate is less than 34 megagrams per year, 
annual periodic reporting must be resumed, using the Tier 2 determined 
site-specific NMOC concentration, until the calculated NMOC emission 
rate is equal to or greater than 34 megagrams per year or the landfill 
is closed. The revised NMOC emission rate report, with the recalculated 
NMOC emission rate based on NMOC sampling and analysis, must be 
submitted, following the procedures in paragraph (j)(2) of this section, 
within 180 days of the first calculated exceedance of 34 megagrams per 
year.
    (ii) If the owner or operator elects to recalculate the NMOC 
emission rate after determining a site-specific methane generation rate 
constant k, as provided in Tier 3 in Sec.  60.35f(a)(4), and the 
resulting NMOC emission rate is less than 34 megagrams per year, annual 
periodic reporting must be resumed. The resulting site-specific methane 
generation rate constant k must be used in the NMOC emission rate 
calculation until such time as the emissions rate calculation results in 
an exceedance. The revised NMOC emission rate report based on the 
provisions of Sec.  60.35f(a)(4) and the resulting site-specific methane 
generation rate constant k must be submitted, following the procedure 
specified in paragraph (j)(2) of this section, to the Administrator 
within 1 year of the first calculated NMOC emission rate equaling or 
exceeding 34 megagrams per year.
    (iii) If the owner or operator elects to demonstrate that site-
specific surface methane emissions are below 500 parts per million 
methane, based on the provisions of Sec.  60.35f(a)(6), then the owner 
or operator must submit annually a Tier 4 surface emissions report as 
specified in this paragraph (d)(4)(iii) following the procedure 
specified in paragraph (j)(2) of this section until a surface emissions 
readings of 500 parts per million methane or greater is found. If the 
Tier 4 surface emissions report shows no surface emissions readings of

[[Page 145]]

500 parts per million methane or greater for four consecutive quarters 
at a closed landfill, then the landfill owner or operator may reduce 
Tier 4 monitoring from a quarterly to an annual frequency. The 
Administrator may request such additional information as may be 
necessary to verify the reported instantaneous surface emission 
readings. The Tier 4 surface emissions report must clearly identify the 
location, date and time (to the nearest second), average wind speeds 
including wind gusts, and reading (in parts per million) of any value 
500 parts per million methane or greater, other than non-repeatable, 
momentary readings. For location, you must determine the latitude and 
longitude coordinates using an instrument with an accuracy of at least 4 
meters. The coordinates must be in decimal degrees with at least five 
decimal places. The Tier 4 surface emission report should also include 
the results of the most recent Tier 1 and Tier 2 results in order to 
verify that the landfill does not exceed 50 Mg/yr of NMOC.
    (A) The initial Tier 4 surface emissions report must be submitted 
annually, starting within 30 days of completing the fourth quarter of 
Tier 4 surface emissions monitoring that demonstrates that site-specific 
surface methane emissions are below 500 parts per million methane, and 
following the procedure specified in paragraph (j)(2) of this section.
    (B) The Tier 4 surface emissions rate report must be submitted 
within 1 year of the first measured surface exceedance of 500 parts per 
million methane, following the procedure specified in paragraph (j)(2) 
of this section.
    (iv) If the landfill is in the closed landfill subcategory, the 
owner or operator must submit a collection and control system design 
plan to the Administrator within 1 year of the first NMOC emission rate 
report in which the NMOC emission rate equals or exceeds 50 megagrams 
per year, except as follows:
    (A) If the owner or operator elects to recalculate the NMOC emission 
rate after Tier 2 NMOC sampling and analysis as provided in Sec.  
60.35f(a)(3) and the resulting rate is less than 50 megagrams per year, 
annual periodic reporting must be resumed, using the Tier 2 determined 
site-specific NMOC concentration, until the calculated NMOC emission 
rate is equal to or greater than 50 megagrams per year or the landfill 
is closed. The revised NMOC emission rate report, with the recalculated 
NMOC emission rate based on NMOC sampling and analysis, must be 
submitted, following the procedure specified in paragraph (j)(2) of this 
section, within 180 days of the first calculated exceedance of 50 
megagrams per year.
    (B) If the owner or operator elects to recalculate the NMOC emission 
rate after determining a site-specific methane generation rate constant 
k, as provided in Tier 3 in Sec.  60.35f(a)(4), and the resulting NMOC 
emission rate is less than 50 megagrams per year, annual periodic 
reporting must be resumed. The resulting site-specific methane 
generation rate constant k must be used in the NMOC emission rate 
calculation until such time as the emissions rate calculation results in 
an exceedance. The revised NMOC emission rate report based on the 
provisions of Sec.  60.35f(a)(4) and the resulting site-specific methane 
generation rate constant k must be submitted, following the procedure 
specified in paragraph (j)(2) of this section, to the Administrator 
within 1 year of the first calculated NMOC emission rate equaling or 
exceeding 50 megagrams per year.
    (C) The landfill owner or operator elects to demonstrate surface 
emissions are low, consistent with the provisions in paragraph 
(d)(4)(iii) of this section.
    (D) The landfill has already submitted a gas collection and control 
system design plan consistent with the provisions of subpart WWW of this 
part; 40 CFR part 62, subpart GGG; or a state plan implementing subpart 
Cc of this part.
    (5) The landfill owner or operator must notify the Administrator 
that the design plan is completed and submit a copy of the plan's 
signature page. The Administrator has 90 days to decide whether the 
design plan should be submitted for review. If the Administrator chooses 
to review the plan, the approval process continues as described

[[Page 146]]

in paragraph (c)(6) of this section. However, if the Administrator 
indicates that submission is not required or does not respond within 90 
days, the landfill owner or operator can continue to implement the plan 
with the recognition that the owner or operator is proceeding at their 
own risk. In the event that the design plan is required to be modified 
to obtain approval, the owner or operator must take any steps necessary 
to conform any prior actions to the approved design plan and any failure 
to do so could result in an enforcement action.
    (6) Upon receipt of an initial or revised design plan, the 
Administrator must review the information submitted under paragraphs 
(d)(1) through (3) of this section and either approve it, disapprove it, 
or request that additional information be submitted. Because of the many 
site-specific factors involved with landfill gas system design, 
alternative systems may be necessary. A wide variety of system designs 
are possible, such as vertical wells, combination horizontal and 
vertical collection systems, or horizontal trenches only, leachate 
collection components, and passive systems. If the Administrator does 
not approve or disapprove the design plan, or does not request that 
additional information be submitted within 90 days of receipt, then the 
owner or operator may continue with implementation of the design plan, 
recognizing they would be proceeding at their own risk.
    (7) If the owner or operator chooses to demonstrate compliance with 
the emission control requirements of this subpart using a treatment 
system as defined in this subpart, then the owner or operator must 
prepare a site-specific treatment system monitoring plan as specified in 
Sec.  60.39f(b)(5).
    (e) Revised design plan. The owner or operator who has already been 
required to submit a design plan under paragraph (d) of this section, or 
under subpart WWW of this part; 40 CFR part 62, subpart GGG; or a state 
plan implementing subpart Cc of this part, must submit a revised design 
plan to the Administrator for approval as follows:
    (1) At least 90 days before expanding operations to an area not 
covered by the previously approved design plan.
    (2) Prior to installing or expanding the gas collection system in a 
way that is not consistent with the design plan that was submitted to 
the Administrator according to paragraph (d) of this section.
    (f) Closure report. Each owner or operator of a controlled landfill 
must submit a closure report to the Administrator within 30 days of 
ceasing waste acceptance. The Administrator may request additional 
information as may be necessary to verify that permanent closure has 
taken place in accordance with the requirements of 40 CFR 258.60. If a 
closure report has been submitted to the Administrator, no additional 
wastes may be placed into the landfill without filing a notification of 
modification as described under Sec.  60.7(a)(4).
    (g) Equipment removal report. Each owner or operator of a controlled 
landfill must submit an equipment removal report to the Administrator 30 
days prior to removal or cessation of operation of the control 
equipment.
    (1) The equipment removal report must contain the following items:
    (i) A copy of the closure report submitted in accordance with 
paragraph (f) of this section; and
    (ii) A copy of the initial performance test report demonstrating 
that the 15-year minimum control period has expired, unless the report 
of the results of the performance test has been submitted to the EPA via 
the EPA's CDX, or information that demonstrates that the GCCS will be 
unable to operate for 15 years due to declining gas flows. In the 
equipment removal report, the process unit(s) tested, the pollutant(s) 
tested, and the date that such performance test was conducted may be 
submitted in lieu of the performance test report if the report has been 
previously submitted to the EPA's CDX; and
    (iii) Dated copies of three successive NMOC emission rate reports 
demonstrating that the landfill is no longer producing 34 megagrams or 
greater of NMOC per year, unless the NMOC emission rate reports have 
been submitted to the EPA via the EPA's CDX. If the NMOC emission rate 
reports have been previously submitted to the EPA's CDX, a statement 
that the NMOC emission rate reports have been submitted electronically 
and the dates that the

[[Page 147]]

reports were submitted to the EPA's CDX may be submitted in the 
equipment removal report in lieu of the NMOC emission rate reports; or
    (iv) For the closed landfill subcategory, dated copies of three 
successive NMOC emission rate reports demonstrating that the landfill is 
no longer producing 50 megagrams or greater of NMOC per year, unless the 
NMOC emission rate reports have been submitted to the EPA via the EPA's 
CDX. If the NMOC emission rate reports have been previously submitted to 
the EPA's CDX, a statement that the NMOC emission rate reports have been 
submitted electronically and the dates that the reports were submitted 
to the EPA's CDX may be submitted in the equipment removal report in 
lieu of the NMOC emission rate reports.
    (2) The Administrator may request such additional information as may 
be necessary to verify that all of the conditions for removal in Sec.  
60.33f(f) have been met.
    (h) Annual report. The owner or operator of a landfill seeking to 
comply with Sec.  60.33f(e)(2) using an active collection system 
designed in accordance with Sec.  60.33f(b) must submit to the 
Administrator, following the procedures specified in paragraph (j)(2) of 
this section, an annual report of the recorded information in paragraphs 
(h)(1) through (7) of this section. The initial annual report must be 
submitted within 180 days of installation and startup of the collection 
and control system. The initial annual report must include the initial 
performance test report required under Sec.  60.8, as applicable, unless 
the report of the results of the performance test has been submitted to 
the EPA via the EPA's CDX. In the initial annual report, the process 
unit(s) tested, the pollutant(s) tested and the date that such 
performance test was conducted may be submitted in lieu of the 
performance test report if the report has been previously submitted to 
the EPA's CDX. The initial performance test report must be submitted, 
following the procedure specified in paragraph (j)(1) of this section, 
no later than the date that the initial annual report is submitted. For 
enclosed combustion devices and flares, reportable exceedances are 
defined under Sec.  60.39f(c)(1). If complying with the operational 
provisions of Sec. Sec.  63.1958, 63.1960, and 63.1961 of this chapter, 
as allowed at Sec. Sec.  60.34f, 60.36f, and 60.37f, the owner or 
operator must follow the semi-annual reporting requirements in Sec.  
63.1981(h) of this chapter in lieu of this paragraph.
    (1) Value and length of time for exceedance of applicable parameters 
monitored under Sec.  60.37f(a)(1), (b), (c), (d), and (g).
    (2) Description and duration of all periods when the gas stream was 
diverted from the control device or treatment system through a bypass 
line or the indication of bypass flow as specified under Sec.  60.37f.
    (3) Description and duration of all periods when the control device 
or treatment system was not operating and length of time the control 
device or treatment system was not operating.
    (4) All periods when the collection system was not operating.
    (5) The location of each exceedance of the 500 parts per million 
methane concentration as provided in Sec.  60.34f(d) and the 
concentration recorded at each location for which an exceedance was 
recorded in the previous month. For location, you must determine the 
latitude and longitude coordinates using an instrument with an accuracy 
of at least 4 meters. The coordinates must be in decimal degrees with at 
least five decimal places.
    (6) The date of installation and the location of each well or 
collection system expansion added pursuant to Sec.  60.36f(a)(3), 
(a)(5), (b), and (c)(4).
    (7) For any corrective action analysis for which corrective actions 
are required in Sec.  60.36f(a)(3) or (5) and that take more than 60 
days to correct the exceedance, the root cause analysis conducted, 
including a description of the recommended corrective action(s), the 
date for corrective action(s) already completed following the positive 
pressure or elevated temperature reading, and, for action(s) not already 
completed, a schedule for implementation, including proposed 
commencement and completion dates.
    (i) Initial performance test report. Each owner or operator seeking 
to comply with Sec.  60.33f(c) must include the following information 
with the initial

[[Page 148]]

performance test report required under Sec.  60.8:
    (1) A diagram of the collection system showing collection system 
positioning including all wells, horizontal collectors, surface 
collectors, or other gas extraction devices, including the locations of 
any areas excluded from collection and the proposed sites for the future 
collection system expansion;
    (2) The data upon which the sufficient density of wells, horizontal 
collectors, surface collectors, or other gas extraction devices and the 
gas mover equipment sizing are based;
    (3) The documentation of the presence of asbestos or nondegradable 
material for each area from which collection wells have been excluded 
based on the presence of asbestos or nondegradable material;
    (4) The sum of the gas generation flow rates for all areas from 
which collection wells have been excluded based on nonproductivity and 
the calculations of gas generation flow rate for each excluded area;
    (5) The provisions for increasing gas mover equipment capacity with 
increased gas generation flow rate, if the present gas mover equipment 
is inadequate to move the maximum flow rate expected over the life of 
the landfill; and
    (6) The provisions for the control of off-site migration.
    (j) Electronic reporting. The owner or operator must submit reports 
electronically according to paragraphs (j)(1) and (2) of this section.
    (1) Within 60 days after the date of completing each performance 
test (as defined in Sec.  60.8), the owner or operator must submit the 
results of each performance test according to the following procedures:
    (i) For data collected using test methods supported by the EPA's 
Electronic Reporting Tool (ERT) as listed on the EPA's ERT Web site 
(https://www3.epa.gov/ttn/chief /ert/ert__info.html) at the time of the 
test, you must submit the results of the performance test to the EPA via 
the Compliance and Emissions Data Reporting Interface (CEDRI). CEDRI can 
be accessed through the EPA's Central Data Exchange (CDX) (https://
cdx.epa.gov/). Performance test data must be submitted in a file format 
generated through the use of the EPA's ERT or an alternative file format 
consistent with the extensible markup language (XML) schema listed on 
the EPA's ERT Web site, once the XML schema is available. If you claim 
that some of the performance test information being submitted is 
confidential business information (CBI), you must submit a complete file 
generated through the use of the EPA's ERT or an alternate electronic 
file consistent with the XML schema listed on the EPA's ERT Web site, 
including information claimed to be CBI, on a compact disc, flash drive 
or other commonly used electronic storage media to the EPA. The 
electronic media must be clearly marked as CBI and mailed to U.S. EPA/
OAQPS/CORE CBI Office, Attention: Group Leader, Measurement Policy 
Group, MD C404-02, 4930 Old Page Rd., Durham, NC 27703. The same ERT or 
alternate file with the CBI omitted must be submitted to the EPA via the 
EPA's CDX as described earlier in this paragraph (j)(1)(i).
    (ii) For data collected using test methods that are not supported by 
the EPA's ERT as listed on the EPA's ERT Web site at the time of the 
test, you must submit the results of the performance test to the 
Administrator at the appropriate address listed in Sec.  60.4.
    (2) Each owner or operator required to submit reports following the 
procedure specified in this paragraph must submit reports to the EPA via 
the CEDRI. (CEDRI can be accessed through the EPA's CDX.) The owner or 
operator must use the appropriate electronic report in CEDRI for this 
subpart or an alternate electronic file format consistent with the XML 
schema listed on the CEDRI Web site (https://www3.epa.gov/ttn/chief /
cedri/index.html). If the reporting form specific to this subpart is not 
available in CEDRI at the time that the report is due, the owner or 
operator must submit the report to the Administrator at the appropriate 
address listed in Sec.  60.4. Once the form has been available in CEDRI 
for 90 calendar days, the owner or operator must begin submitting all 
subsequent reports via CEDRI. The reports must be submitted by the 
deadlines specified

[[Page 149]]

in this subpart, regardless of the method in which the reports are 
submitted.
    (k) Corrective action and the corresponding timeline. The owner or 
operator must submit according to paragraphs (k)(1) and (2) of this 
section. If complying with the operational provisions of Sec. Sec.  
63.1958, 63.1960, and 63.1961 of this chapter, as allowed at Sec. Sec.  
60.34f, 60.36f, and 60.37f, the owner or operator must follow the 
corrective action and the corresponding timeline reporting requirements 
in Sec.  63.1981(j) of this chapter in lieu of paragraphs (k)(1) and (2) 
of this section.
    (1) For corrective action that is required according to Sec.  
60.36f(a)(3)(iii) or (a)(5)(iii) and is expected to take longer than 120 
days after the initial exceedance to complete, you must submit the root 
cause analysis, corrective action analysis, and corresponding 
implementation timeline to the Administrator as soon as practicable but 
no later than 75 days after the first measurement of positive pressure 
or temperature monitoring value of 55 degrees Celsius (131 degrees 
Fahrenheit) or above. The Administrator must approve the plan for 
corrective action and the corresponding timeline.
    (2) For corrective action that is required according to Sec.  
60.36f(a)(3)(iii) or (a)(5)(iii) and is not completed within 60 days 
after the initial exceedance, you must submit a notification to the 
Administrator as soon as practicable but no later than 75 days after the 
first measurement of positive pressure or temperature exceedance.
    (l) Liquids addition. The owner or operator of an affected landfill 
with a design capacity equal to or greater than 2.5 million megagrams 
and 2.5 million cubic meters that has employed leachate recirculation or 
added liquids based on a Research, Development, and Demonstration permit 
(issued through Resource Conservation and Recovery Act, subtitle D, part 
258) within the last 10 years must submit to the Administrator, 
annually, following the procedure specified in paragraph (j)(2) of this 
section, the following information:
    (1) Volume of leachate recirculated (gallons per year) and the 
reported basis of those estimates (records or engineering estimates).
    (2) Total volume of all other liquids added (gallons per year) and 
the reported basis of those estimates (records or engineering 
estimates).
    (3) Surface area (acres) over which the leachate is recirculated (or 
otherwise applied).
    (4) Surface area (acres) over which any other liquids are applied.
    (5) The total waste disposed (megagrams) in the areas with 
recirculated leachate and/or added liquids based on on-site records to 
the extent data are available, or engineering estimates and the reported 
basis of those estimates.
    (6) The annual waste acceptance rates (megagrams per year) in the 
areas with recirculated leachate and/or added liquids, based on on-site 
records to the extent data are available, or engineering estimates.
    (7) The initial report must contain items in paragraph (l)(1) 
through (6) of this section per year for the most recent 365 days as 
well as for each of the previous 10 years, to the extent historical data 
are available in on-site records, and the report must be submitted no 
later than:
    (i) September 27, 2017, for landfills that commenced construction, 
modification, or reconstruction after July 17, 2014 but before August 
29, 2016; or
    (ii) 365 days after the date of commenced construction, 
modification, or reconstruction for landfills that commence 
construction, modification, or reconstruction after August 29, 2016.
    (8) Subsequent annual reports must contain items in paragraph (l)(1) 
through (6) of this section for the 365-day period following the 365-day 
period included in the previous annual report, and the report must be 
submitted no later than 365 days after the date the previous report was 
submitted.
    (9) Landfills in the closed landfill subcategory are exempt from 
reporting requirements contained in paragraphs (l)(1) through (7) of 
this section.
    (10) Landfills may cease annual reporting of items in paragraphs 
(l)(1) through (6) of this section once they have submitted the closure 
report in Sec.  60.38f(f).
    (m) Tier 4 notification. (1) The owner or operator of an affected 
landfill with a design capacity equal to or greater

[[Page 150]]

than 2.5 million megagrams and 2.5 million cubic meters must provide a 
notification of the date(s) upon which it intends to demonstrate site-
specific surface methane emissions are below 500 parts per million 
methane, based on the Tier 4 provisions of Sec.  60.35f(a)(6). The 
landfill must also include a description of the wind barrier to be used 
during the SEM in the notification. Notification must be postmarked not 
less than 30 days prior to such date.
    (2) If there is a delay to the scheduled Tier 4 SEM date due to 
weather conditions, including not meeting the wind requirements in Sec.  
60.35f (a)(6)(iii)(A), the owner or operator of a landfill shall notify 
the Administrator by email or telephone no later than 48 hours before 
any known delay in the original test date, and arrange an updated date 
with the Administrator by mutual agreement.
    (n) Each owner or operator that chooses to comply with the 
provisions in Sec. Sec.  63.1958, 63.1960, and 63.1961 of this chapter, 
as allowed in Sec. Sec.  60.34f, 60.36f, and 60.37f, must submit the 24-
hour high temperature report according to Sec.  63.1981(k) of this 
chapter.

[81 FR 59313, Aug. 29, 2016, as amended at 85 FR 17260, Mar. 26, 2020]



Sec.  60.39f  Recordkeeping guidelines.

    For approval, a state plan must include the recordkeeping provisions 
in this section.
    (a) Except as provided in Sec.  60.38f(d)(2), each owner or operator 
of an MSW landfill subject to the provisions of Sec.  60.33f(e) must 
keep for at least 5 years up-to-date, readily accessible, on-site 
records of the design capacity report that triggered Sec.  60.33f(e), 
the current amount of solid waste in-place, and the year-by-year waste 
acceptance rate. Off-site records may be maintained if they are 
retrievable within 4 hours. Either paper copy or electronic formats are 
acceptable.
    (b) Except as provided in Sec.  60.38f(d)(2), each owner or operator 
of a controlled landfill must keep up-to-date, readily accessible 
records for the life of the control system equipment of the data listed 
in paragraphs (b)(1) through (5) of this section as measured during the 
initial performance test or compliance determination. Records of 
subsequent tests or monitoring must be maintained for a minimum of 5 
years. Records of the control device vendor specifications must be 
maintained until removal.
    (1) Where an owner or operator subject to the provisions of this 
subpart seeks to demonstrate compliance with Sec.  60.33f(b):
    (i) The maximum expected gas generation flow rate as calculated in 
Sec.  60.36f(a)(1). The owner or operator may use another method to 
determine the maximum gas generation flow rate, if the method has been 
approved by the Administrator.
    (ii) The density of wells, horizontal collectors, surface 
collectors, or other gas extraction devices determined using the 
procedures specified in Sec.  60.40f(a)(1).
    (2) Where an owner or operator subject to the provisions of this 
subpart seeks to demonstrate compliance with Sec.  60.33f(c) through use 
of an enclosed combustion device other than a boiler or process heater 
with a design heat input capacity equal to or greater than 44 megawatts:
    (i) The average temperature measured at least every 15 minutes and 
averaged over the same time period of the performance test.
    (ii) The percent reduction of NMOC determined as specified in Sec.  
60.33f(c)(2) achieved by the control device.
    (3) Where an owner or operator subject to the provisions of this 
subpart seeks to demonstrate compliance with Sec.  60.33f(c)(2)(i) 
through use of a boiler or process heater of any size: A description of 
the location at which the collected gas vent stream is introduced into 
the boiler or process heater over the same time period of the 
performance testing.
    (4) Where an owner or operator subject to the provisions of this 
subpart seeks to demonstrate compliance with Sec.  60.33f(c)(1) through 
use of a non-enclosed flare, the flare type (i.e., steam-assisted, air-
assisted, or non-assisted), all visible emission readings, heat content 
determination, flow rate or bypass flow rate measurements, and exit 
velocity determinations made during the performance test as specified in 
Sec.  60.18; and continuous records of the flare pilot flame or flare 
flame monitoring

[[Page 151]]

and records of all periods of operations during which the pilot flame or 
the flare flame is absent.
    (5) Where an owner or operator subject to the provisions of this 
subpart seeks to demonstrate compliance with Sec.  60.33f(c)(3) through 
use of a landfill gas treatment system:
    (i) Bypass records. Records of the flow of landfill gas to, and 
bypass of, the treatment system.
    (ii) Site-specific treatment monitoring plan, to include:
    (A) Monitoring records of parameters that are identified in the 
treatment system monitoring plan and that ensure the treatment system is 
operating properly for each intended end use of the treated landfill 
gas. At a minimum, records should include records of filtration, de-
watering, and compression parameters that ensure the treatment system is 
operating properly for each intended end use of the treated landfill 
gas.
    (B) Monitoring methods, frequencies, and operating ranges for each 
monitored operating parameter based on manufacturer's recommendations or 
engineering analysis for each intended end use of the treated landfill 
gas.
    (C) Documentation of the monitoring methods and ranges, along with 
justification for their use.
    (D) Identify who is responsible (by job title) for data collection.
    (E) Processes and methods used to collect the necessary data.
    (F) Description of the procedures and methods that are used for 
quality assurance, maintenance, and repair of all continuous monitoring 
systems.
    (c) Except as provided in Sec.  60.38f(d)(2), each owner or operator 
of a controlled landfill subject to the provisions of this subpart must 
keep for 5 years up-to-date, readily accessible continuous records of 
the equipment operating parameters specified to be monitored in Sec.  
60.37f as well as up-to-date, readily accessible records for periods of 
operation during which the parameter boundaries established during the 
most recent performance test are exceeded.
    (1) The following constitute exceedances that must be recorded and 
reported under Sec.  60.38f:
    (i) For enclosed combustors except for boilers and process heaters 
with design heat input capacity of 44 megawatts (150 million British 
thermal unit per hour) or greater, all 3-hour periods of operation 
during which the average temperature was more than 28 degrees Celsius 
(82 degrees Fahrenheit) below the average combustion temperature during 
the most recent performance test at which compliance with Sec.  
60.33f(c) was determined.
    (ii) For boilers or process heaters, whenever there is a change in 
the location at which the vent stream is introduced into the flame zone 
as required under paragraph (b)(3) of this section.
    (2) Each owner or operator subject to the provisions of this subpart 
must keep up-to-date, readily accessible continuous records of the 
indication of flow to the control system and the indication of bypass 
flow or records of monthly inspections of car-seals or lock-and-key 
configurations used to seal bypass lines, specified under Sec.  60.37f.
    (3) Each owner or operator subject to the provisions of this subpart 
who uses a boiler or process heater with a design heat input capacity of 
44 megawatts or greater to comply with Sec.  60.33f(c) must keep an up-
to-date, readily accessible record of all periods of operation of the 
boiler or process heater. (Examples of such records could include 
records of steam use, fuel use, or monitoring data collected pursuant to 
other state, local, tribal, or federal regulatory requirements.)
    (4) Each owner or operator seeking to comply with the provisions of 
this subpart by use of a non-enclosed flare must keep up-to-date, 
readily accessible continuous records of the flame or flare pilot flame 
monitoring specified under Sec.  60.37f(c), and up-to-date, readily 
accessible records of all periods of operation in which the flame or 
flare pilot flame is absent.
    (5) Each owner or operator of a landfill seeking to comply with 
Sec.  60.33f(e) using an active collection system designed in accordance 
with Sec.  60.33f(b) must keep records of periods when the collection 
system or control device is not operating.
    (d) Except as provided in Sec.  60.38f(d)(2), each owner or operator 
subject to the provisions of this subpart must keep for the life of the 
collection system an

[[Page 152]]

up-to-date, readily accessible plot map showing each existing and 
planned collector in the system and providing a unique identification 
location label on each collector that matches the labeling on the plot 
map.
    (1) Each owner or operator subject to the provisions of this subpart 
must keep up-to-date, readily accessible records of the installation 
date and location of all newly installed collectors as specified under 
Sec.  60.36f(b).
    (2) Each owner or operator subject to the provisions of this subpart 
must keep readily accessible documentation of the nature, date of 
deposition, amount, and location of asbestos-containing or nondegradable 
waste excluded from collection as provided in Sec.  60.40f(a)(3)(i) as 
well as any nonproductive areas excluded from collection as provided in 
Sec.  60.40f(a)(3)(ii).
    (e) Except as provided in Sec.  60.38f(d)(2), each owner or operator 
subject to the provisions of this subpart must keep for at least 5 years 
up-to-date, readily accessible records of the items in paragraphs (e)(1) 
through (5) of this section. Each owner or operator that chooses to 
comply with the provisions in Sec. Sec.  63.1958, 63.1960, and 63.1961 
of this chapter, as allowed in Sec. Sec.  60.34f, 60.36f, and 60.37f, 
must keep the records in paragraph (e)(6) of this section and must keep 
records according to Sec.  63.1983(e)(1) through (5) of this chapter in 
lieu of paragraphs (e)(1) through (5) of this section.
    (1) All collection and control system exceedances of the operational 
standards in Sec.  60.34f, the reading in the subsequent month whether 
or not the second reading is an exceedance, and the location of each 
exceedance.
    (2) Each owner or operator subject to the provisions of this subpart 
must also keep records of each wellhead temperature monitoring value of 
55 degrees Celsius (131 degrees Fahrenheit) or above, each wellhead 
nitrogen level at or above 20 percent, and each wellhead oxygen level at 
or above 5 percent.
    (3) For any root cause analysis for which corrective actions are 
required in Sec.  60.36f(a)(3) or (5), keep a record of the root cause 
analysis conducted, including a description of the recommended 
corrective action(s) taken, and the date(s) the corrective action(s) 
were completed.
    (4) For any root cause analysis for which corrective actions are 
required in Sec.  60.36f(a)(3)(ii) or (a)(5)(ii), keep a record of the 
root cause analysis conducted, the corrective action analysis, the date 
for corrective action(s) already completed following the positive 
pressure reading or high temperature reading, and, for action(s) not 
already completed, a schedule for implementation, including proposed 
commencement and completion dates.
    (5) For any root cause analysis for which corrective actions are 
required in Sec.  60.36f(a)(3)(iii) or (a)(5)(iii), keep a record of the 
root cause analysis conducted, the corrective action analysis, the date 
for corrective action(s) already completed following the positive 
pressure reading or high temperature reading, for action(s) not already 
completed, a schedule for implementation, including proposed 
commencement and completion dates, and a copy of any comments or final 
approval on the corrective action analysis or schedule from the 
regulatory agency.
    (6) Each owner or operator that chooses to comply with the 
provisions in Sec. Sec.  63.1958, 63.1960, and 63.1961 of this chapter, 
as allowed in Sec. Sec.  60.34f, 60.36f, and 60.37f, must keep records 
of the date upon which the owner or operator started complying with the 
provisions in Sec. Sec.  63.1958, 63.1960, and 63.1961.
    (f) Landfill owners or operators who convert design capacity from 
volume to mass or mass to volume to demonstrate that landfill design 
capacity is less than 2.5 million megagrams or 2.5 million cubic meters, 
as provided in the definition of ``design capacity'', must keep readily 
accessible, on-site records of the annual recalculation of site-specific 
density, design capacity, and the supporting documentation. Off-site 
records may be maintained if they are retrievable within 4 hours. Either 
paper copy or electronic formats are acceptable.
    (g) Landfill owners or operators seeking to demonstrate that site-
specific surface methane emissions are below 500 parts per million by 
conducting surface emission monitoring under the Tier 4 procedures 
specified in Sec.  60.35f(a)(6) must keep for at least 5

[[Page 153]]

years up-to-date, readily accessible records of all surface emissions 
monitoring and information related to monitoring instrument calibrations 
conducted according to sections 8 and 10 of Method 21 of appendix A of 
this part, including all of the following items:
    (1) Calibration records:
    (i) Date of calibration and initials of operator performing the 
calibration.
    (ii) Calibration gas cylinder identification, certification date, 
and certified concentration.
    (iii) Instrument scale(s) used.
    (iv) A description of any corrective action taken if the meter 
readout could not be adjusted to correspond to the calibration gas 
value.
    (v) If an owner or operator makes their own calibration gas, a 
description of the procedure used.
    (2) Digital photographs of the instrument setup. The photographs 
must be time and date-stamped and taken at the first sampling location 
prior to sampling and at the last sampling location after sampling at 
the end of each sampling day, for the duration of the Tier 4 monitoring 
demonstration.
    (3) Timestamp of each surface scan reading:
    (i) Timestamp should be detailed to the nearest second, based on 
when the sample collection begins.
    (ii) A log for the length of time each sample was taken using a 
stopwatch (e.g., the time the probe was held over the area).
    (4) Location of each surface scan reading. The owner or operator 
must determine the coordinates using an instrument with an accuracy of 
at least 4 meters. Coordinates must be in decimal degrees with at least 
five decimal places.
    (5) Monitored methane concentration (parts per million) of each 
reading.
    (6) Background methane concentration (parts per million) after each 
instrument calibration test.
    (7) Adjusted methane concentration using most recent calibration 
(parts per million).
    (8) For readings taken at each surface penetration, the unique 
identification location label matching the label specified in paragraph 
(d) of this section.
    (9) Records of the operating hours of the gas collection system for 
each destruction device.
    (h) Except as provided in Sec.  60.38f(d)(2), each owner or operator 
subject to the provisions of this subpart must keep for at least 5 years 
up-to-date, readily accessible records of all collection and control 
system monitoring data for parameters measured in Sec.  60.37f(a)(1), 
(2), and (3).
    (i) Any records required to be maintained by this subpart that are 
submitted electronically via the EPA's CDX may be maintained in 
electronic format.
    (j) For each owner or operator reporting leachate or other liquids 
addition under Sec.  60.38f(l), keep records of any engineering 
calculations or company records used to estimate the quantities of 
leachate or liquids added, the surface areas for which the leachate or 
liquids were applied, and the estimates of annual waste acceptance or 
total waste in place in the areas where leachate or liquids were 
applied.

[81 FR 59313, Aug. 29, 2016, as amended at 85 FR 17260, Mar. 26, 2020]



Sec.  60.40f  Specifications for active collection systems.

    For approval, a state plan must include the specifications for 
active collection systems in this section.
    (a) Each owner or operator seeking to comply with Sec.  60.33f(b) 
must site active collection wells, horizontal collectors, surface 
collectors, or other extraction devices at a sufficient density 
throughout all gas producing areas using the following procedures unless 
alternative procedures have been approved by the Administrator.
    (1) The collection devices within the interior must be certified to 
achieve comprehensive control of surface gas emissions by a professional 
engineer. The following issues must be addressed in the design: depths 
of refuse, refuse gas generation rates and flow characteristics, cover 
properties, gas system expandability, leachate and condensate 
management, accessibility, compatibility with filling operations, 
integration with closure end use, air intrusion control, corrosion 
resistance, fill settlement, resistance to the refuse decomposition 
heat, and ability to isolate

[[Page 154]]

individual components or sections for repair or troubleshooting without 
shutting down entire collection system.
    (2) The sufficient density of gas collection devices determined in 
paragraph (a)(1) of this section must address landfill gas migration 
issues and augmentation of the collection system through the use of 
active or passive systems at the landfill perimeter or exterior.
    (3) The placement of gas collection devices determined in paragraph 
(a)(1) of this section must control all gas producing areas, except as 
provided by paragraphs (a)(3)(i) and (ii) of this section.
    (i) Any segregated area of asbestos or nondegradable material may be 
excluded from collection if documented as provided under Sec.  
60.39f(d). The documentation must provide the nature, date of 
deposition, location and amount of asbestos or nondegradable material 
deposited in the area, and must be provided to the Administrator upon 
request.
    (ii) Any nonproductive area of the landfill may be excluded from 
control, provided that the total of all excluded areas can be shown to 
contribute less than 1 percent of the total amount of NMOC emissions 
from the landfill. The amount, location, and age of the material must be 
documented and provided to the Administrator upon request. A separate 
NMOC emissions estimate must be made for each section proposed for 
exclusion, and the sum of all such sections must be compared to the NMOC 
emissions estimate for the entire landfill.
    (A) The NMOC emissions from each section proposed for exclusion must 
be computed using Equation 7:
[GRAPHIC] [TIFF OMITTED] TR29AU16.006

Where:

Qi = NMOC emission rate from the i\th\ section, megagrams per 
          year.
k = Methane generation rate constant, year-1.
Lo = Methane generation potential, cubic meters per megagram 
          solid waste.
Mi = Mass of the degradable solid waste in the i\th\ section, 
          megagram.
ti = Age of the solid waste in the i\th\ section, years.
CNMOC = Concentration of NMOC, parts per million by volume.
3.6x10-9 = Conversion factor.

    (B) If the owner or operator is proposing to exclude, or cease gas 
collection and control from, nonproductive physically separated (e.g., 
separately lined) closed areas that already have gas collection systems, 
NMOC emissions from each physically separated closed area must be 
computed using either Equation 3 in Sec.  60.35f or Equation 7 in 
paragraph (a)(3)(ii)(A) of this section.
    (iii) The values for k and CNMOC determined in field 
testing must be used if field testing has been performed in determining 
the NMOC emission rate or the radii of influence (the distance from the 
well center to a point in the landfill where the pressure gradient 
applied by the blower or compressor approaches zero). If field testing 
has not been performed, the default values for k, Lo, and 
CNMOC provided in Sec.  60.35f or the alternative values from 
Sec.  60.35f must be used. The mass of nondegradable solid waste 
contained within the given section may be subtracted from the total mass 
of the section when estimating emissions provided the nature, location, 
age, and amount of the nondegradable material is documented as provided 
in paragraph (a)(3)(i) of this section.
    (b) Each owner or operator seeking to comply with Sec.  60.33f(b) 
must construct the gas collection devices using the following equipment 
or procedures:
    (1) The landfill gas extraction components must be constructed of 
polyvinyl chloride (PVC), high density polyethylene (HDPE) pipe, 
fiberglass, stainless steel, or other nonporous corrosion resistant 
material of suitable dimensions to: Convey projected amounts of gases; 
withstand installation, static, and settlement forces; and withstand 
planned overburden or traffic loads. The collection system must extend 
as

[[Page 155]]

necessary to comply with emission and migration standards. Collection 
devices such as wells and horizontal collectors must be perforated to 
allow gas entry without head loss sufficient to impair performance 
across the intended extent of control. Perforations must be situated 
with regard to the need to prevent excessive air infiltration.
    (2) Vertical wells must be placed so as not to endanger underlying 
liners and must address the occurrence of water within the landfill. 
Holes and trenches constructed for piped wells and horizontal collectors 
must be of sufficient cross-section so as to allow for their proper 
construction and completion including, for example, centering of pipes 
and placement of gravel backfill. Collection devices must be designed so 
as not to allow indirect short circuiting of air into the cover or 
refuse into the collection system or gas into the air. Any gravel used 
around pipe perforations should be of a dimension so as not to penetrate 
or block perforations.
    (3) Collection devices may be connected to the collection header 
pipes below or above the landfill surface. The connector assembly must 
include a positive closing throttle valve, any necessary seals and 
couplings, access couplings and at least one sampling port. The 
collection devices must be constructed of PVC, HDPE, fiberglass, 
stainless steel, or other nonporous material of suitable thickness.
    (c) Each owner or operator seeking to comply with Sec.  60.33f(c) 
must convey the landfill gas to a control system in compliance with 
Sec.  60.33f(c) through the collection header pipe(s). The gas mover 
equipment must be sized to handle the maximum gas generation flow rate 
expected over the intended use period of the gas moving equipment using 
the following procedures:
    (1) For existing collection systems, the flow data must be used to 
project the maximum flow rate. If no flow data exist, the procedures in 
paragraph (c)(2) of this section must be used.
    (2) For new collection systems, the maximum flow rate must be in 
accordance with Sec.  60.36f(a)(1).



Sec.  60.41f  Definitions.

    Terms used but not defined in this subpart have the meaning given 
them in the Clean Air Act and in subparts A and B of this part.
    Active collection system means a gas collection system that uses gas 
mover equipment.
    Active landfill means a landfill in which solid waste is being 
placed or a landfill that is planned to accept waste in the future.
    Administrator means the Administrator of the U.S. Environmental 
Protection Agency or his/her authorized representative or the 
Administrator of a state air pollution control agency.
    Closed area means a separately lined area of an MSW landfill in 
which solid waste is no longer being placed. If additional solid waste 
is placed in that area of the landfill, that landfill area is no longer 
closed. The area must be separately lined to ensure that the landfill 
gas does not migrate between open and closed areas.
    Closed landfill means a landfill in which solid waste is no longer 
being placed, and in which no additional solid wastes will be placed 
without first filing a notification of modification as prescribed under 
Sec.  60.7(a)(4). Once a notification of modification has been filed, 
and additional solid waste is placed in the landfill, the landfill is no 
longer closed.
    Closed landfill subcategory means a closed landfill that has 
submitted a closure report as specified in Sec.  60.38f(f) on or before 
September 27, 2017.
    Closure means that point in time when a landfill becomes a closed 
landfill.
    Commercial solid waste means all types of solid waste generated by 
stores, offices, restaurants, warehouses, and other nonmanufacturing 
activities, excluding residential and industrial wastes.
    Controlled landfill means any landfill at which collection and 
control systems are required under this subpart as a result of the NMOC 
emission rate. The landfill is considered controlled at the time a 
collection and control system design plan is prepared in compliance with 
Sec.  60.33f(e)(2).
    Corrective action analysis means a description of all reasonable 
interim and

[[Page 156]]

long-term measures, if any, that are available, and an explanation of 
why the selected corrective action(s) is/are the best alternative(s), 
including, but not limited to, considerations of cost effectiveness, 
technical feasibility, safety, and secondary impacts.
    Design capacity means the maximum amount of solid waste a landfill 
can accept, as indicated in terms of volume or mass in the most recent 
permit issued by the state, local, or tribal agency responsible for 
regulating the landfill, plus any in-place waste not accounted for in 
the most recent permit. If the owner or operator chooses to convert the 
design capacity from volume to mass or from mass to volume to 
demonstrate its design capacity is less than 2.5 million megagrams or 
2.5 million cubic meters, the calculation must include a site-specific 
density, which must be recalculated annually.
    Disposal facility means all contiguous land and structures, other 
appurtenances, and improvements on the land used for the disposal of 
solid waste.
    Emission rate cutoff means the threshold annual emission rate to 
which a landfill compares its estimated emission rate to determine if 
control under the regulation is required.
    Enclosed combustor means an enclosed firebox which maintains a 
relatively constant limited peak temperature generally using a limited 
supply of combustion air. An enclosed flare is considered an enclosed 
combustor.
    Flare means an open combustor without enclosure or shroud.
    Gas mover equipment means the equipment (i.e., fan, blower, 
compressor) used to transport landfill gas through the header system.
    Gust means the highest instantaneous wind speed that occurs over a 
3-second running average.
    Household waste means any solid waste (including garbage, trash, and 
sanitary waste in septic tanks) derived from households (including, but 
not limited to, single and multiple residences, hotels and motels, 
bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds, 
and day-use recreation areas). Household waste does not include fully 
segregated yard waste. Segregated yard waste means vegetative matter 
resulting exclusively from the cutting of grass, the pruning and/or 
removal of bushes, shrubs, and trees, the weeding of gardens, and other 
landscaping maintenance activities. Household waste does not include 
construction, renovation, or demolition wastes, even if originating from 
a household.
    Industrial solid waste means solid waste generated by manufacturing 
or industrial processes that is not a hazardous waste regulated under 
Subtitle C of the Resource Conservation and Recovery Act, parts 264 and 
265 of this chapter. Such waste may include, but is not limited to, 
waste resulting from the following manufacturing processes: electric 
power generation; fertilizer/agricultural chemicals; food and related 
products/by-products; inorganic chemicals; iron and steel manufacturing; 
leather and leather products; nonferrous metals manufacturing/foundries; 
organic chemicals; plastics and resins manufacturing; pulp and paper 
industry; rubber and miscellaneous plastic products; stone, glass, clay, 
and concrete products; textile manufacturing; transportation equipment; 
and water treatment. This term does not include mining waste or oil and 
gas waste.
    Interior well means any well or similar collection component located 
inside the perimeter of the landfill waste. A perimeter well located 
outside the landfilled waste is not an interior well.
    Landfill means an area of land or an excavation in which wastes are 
placed for permanent disposal, and that is not a land application unit, 
surface impoundment, injection well, or waste pile as those terms are 
defined under Sec.  257.2 of this title.
    Lateral expansion means a horizontal expansion of the waste 
boundaries of an existing MSW landfill. A lateral expansion is not a 
modification unless it results in an increase in the design capacity of 
the landfill.
    Leachate recirculation means the practice of taking the leachate 
collected from the landfill and reapplying it to the landfill by any of 
one of a variety of methods, including pre-wetting of the waste, direct 
discharge into the working face, spraying, infiltration

[[Page 157]]

ponds, vertical injection wells, horizontal gravity distribution 
systems, and pressure distribution systems.
    Modification means an increase in the permitted volume design 
capacity of the landfill by either lateral or vertical expansion based 
on its permitted design capacity as of July 17, 2014. Modification does 
not occur until the owner or operator commences construction on the 
lateral or vertical expansion.
    Municipal solid waste landfill or MSW landfill means an entire 
disposal facility in a contiguous geographical space where household 
waste is placed in or on land. An MSW landfill may also receive other 
types of Resource Conservation and Recovery Act (RCRA) Subtitle D wastes 
(Sec.  257.2 of this title) such as commercial solid waste, nonhazardous 
sludge, conditionally exempt small quantity generator waste, and 
industrial solid waste. Portions of an MSW landfill may be separated by 
access roads. An MSW landfill may be publicly or privately owned. An MSW 
landfill may be a new MSW landfill, an existing MSW landfill, or a 
lateral expansion.
    Municipal solid waste landfill emissions or MSW landfill emissions 
means gas generated by the decomposition of organic waste deposited in 
an MSW landfill or derived from the evolution of organic compounds in 
the waste.
    NMOC means nonmethane organic compounds, as measured according to 
the provisions of Sec.  60.35f.
    Nondegradable waste means any waste that does not decompose through 
chemical breakdown or microbiological activity. Examples are, but are 
not limited to, concrete, municipal waste combustor ash, and metals.
    Passive collection system means a gas collection system that solely 
uses positive pressure within the landfill to move the gas rather than 
using gas mover equipment.
    Protectorate means American Samoa, the Commonwealth of Puerto Rico, 
the District of Columbia, Guam, the Northern Mariana Islands, and the 
Virgin Islands.
    Root cause analysis means an assessment conducted through a process 
of investigation to determine the primary cause, and any other 
contributing causes, of positive pressure at a wellhead.
    Sludge means the term sludge as defined in 40 CFR 258.2.
    Solid waste means the term solid waste as defined in 40 CFR 258.2.
    State means any of the 50 United States and the protectorates of the 
United States.
    State plan means a plan submitted pursuant to section 111(d) of the 
Clean Air Act and subpart B of this part that implements and enforces 
this subpart.
    Sufficient density means any number, spacing, and combination of 
collection system components, including vertical wells, horizontal 
collectors, and surface collectors, necessary to maintain emission and 
migration control as determined by measures of performance set forth in 
this part.
    Sufficient extraction rate means a rate sufficient to maintain a 
negative pressure at all wellheads in the collection system without 
causing air infiltration, including any wellheads connected to the 
system as a result of expansion or excess surface emissions, for the 
life of the blower.
    Treated landfill gas means landfill gas processed in a treatment 
system as defined in this subpart.
    Treatment system means a system that filters, de-waters, and 
compresses landfill gas for sale or beneficial use.
    Untreated landfill gas means any landfill gas that is not treated 
landfill gas.



     Subpart D_Standards of Performance for Fossil-Fuel-Fired Steam 
                               Generators

    Source: 72 FR 32717, June 13, 2007, unless otherwise noted.



Sec.  60.40  Applicability and designation of affected facility.

    (a) The affected facilities to which the provisions of this subpart 
apply are:
    (1) Each fossil-fuel-fired steam generating unit of more than 73 
megawatts (MW) heat input rate (250 million British thermal units per 
hour (MMBtu/hr)).
    (2) Each fossil-fuel and wood-residue-fired steam generating unit 
capable of

[[Page 158]]

firing fossil fuel at a heat input rate of more than 73 MW (250 MMBtu/
hr).
    (b) Any change to an existing fossil-fuel-fired steam generating 
unit to accommodate the use of combustible materials, other than fossil 
fuels as defined in this subpart, shall not bring that unit under the 
applicability of this subpart.
    (c) Except as provided in paragraph (d) of this section, any 
facility under paragraph (a) of this section that commenced construction 
or modification after August 17, 1971, is subject to the requirements of 
this subpart.
    (d) The requirements of Sec. Sec.  60.44 (a)(4), (a)(5), (b) and 
(d), and 60.45(f)(4)(vi) are applicable to lignite-fired steam 
generating units that commenced construction or modification after 
December 22, 1976.
    (e) Any facility subject to either subpart Da or KKKK of this part 
is not subject to this subpart.

[72 FR 32717, June 13, 2007, as amended at 77 FR 9447, Feb. 16, 2012]



Sec.  60.41  Definitions.

    As used in this subpart, all terms not defined herein shall have the 
meaning given them in the Act, and in subpart A of this part.
    Boiler operating day means a 24-hour period between 12 midnight and 
the following midnight during which any fuel is combusted at any time in 
the steam-generating unit. It is not necessary for fuel to be combusted 
the entire 24-hour period.
    Coal means all solid fuels classified as anthracite, bituminous, 
subbituminous, or lignite by ASTM D388 (incorporated by reference, see 
Sec.  60.17).
    Coal refuse means waste-products of coal mining, cleaning, and coal 
preparation operations (e.g. culm, gob, etc.) containing coal, matrix 
material, clay, and other organic and inorganic material.
    Fossil fuel means natural gas, petroleum, coal, and any form of 
solid, liquid, or gaseous fuel derived from such materials for the 
purpose of creating useful heat.
    Fossil fuel and wood residue-fired steam generating unit means a 
furnace or boiler used in the process of burning fossil fuel and wood 
residue for the purpose of producing steam by heat transfer.
    Fossil-fuel-fired steam generating unit means a furnace or boiler 
used in the process of burning fossil fuel for the purpose of producing 
steam by heat transfer.
    Natural gas means a fluid mixture of hydrocarbons (e.g., methane, 
ethane, or propane), composed of at least 70 percent methane by volume 
or that has a gross calorific value between 35 and 41 megajoules (MJ) 
per dry standard cubic meter (950 and 1,100 Btu per dry standard cubic 
foot), that maintains a gaseous state under ISO conditions. In addition, 
natural gas contains 20.0 grains or less of total sulfur per 100 
standard cubic feet. Finally, natural gas does not include the following 
gaseous fuels: landfill gas, digester gas, refinery gas, sour gas, blast 
furnace gas, coal-derived gas, producer gas, coke oven gas, or any 
gaseous fuel produced in a process which might result in highly variable 
sulfur content or heating value.
    Wood residue means bark, sawdust, slabs, chips, shavings, mill trim, 
and other wood products derived from wood processing and forest 
management operations.

[72 FR 32717, June 13, 2007, as amended at 77 FR 9447, Feb. 16, 2012]



Sec.  60.42  Standard for particulate matter (PM).

    (a) Except as provided under paragraphs (b), (c), (d), and (e) of 
this section, on and after the date on which the performance test 
required to be conducted by Sec.  60.8 is completed, no owner or 
operator subject to the provisions of this subpart shall cause to be 
discharged into the atmosphere from any affected facility any gases 
that:
    (1) Contain PM in excess of 43 nanograms per joule (ng/J) heat input 
(0.10 lb/MMBtu) derived from fossil fuel or fossil fuel and wood 
residue.
    (2) Exhibit greater than 20 percent opacity except for one six-
minute period per hour of not more than 27 percent opacity.
    (b)(1) On or after December 28, 1979, no owner or operator shall 
cause to be discharged into the atmosphere from the Southwestern Public 
Service Company's Harrington Station 1, in Amarillo, TX, any gases 
which exhibit greater than 35 percent opacity, except that a maximum or 
42 percent opacity

[[Page 159]]

shall be permitted for not more than 6 minutes in any hour.
    (2) Interstate Power Company shall not cause to be discharged into 
the atmosphere from its Lansing Station Unit No. 4 in Lansing, IA, any 
gases which exhibit greater than 32 percent opacity, except that a 
maximum of 39 percent opacity shall be permitted for not more than six 
minutes in any hour.
    (c) As an alternate to meeting the requirements of paragraph (a) of 
this section, an owner or operator that elects to install, calibrate, 
maintain, and operate a continuous emissions monitoring systems (CEMS) 
for measuring PM emissions can petition the Administrator (in writing) 
to comply with Sec.  60.42Da(a) of subpart Da of this part. If the 
Administrator grants the petition, the source will from then on (unless 
the unit is modified or reconstructed in the future) have to comply with 
the requirements in Sec.  60.42Da(a) of subpart Da of this part.
    (d) An owner or operator of an affected facility that combusts only 
natural gas is exempt from the PM and opacity standards specified in 
paragraph (a) of this section.
    (e) An owner or operator of an affected facility that combusts only 
gaseous or liquid fossil fuel (excluding residual oil) with potential 
SO2 emissions rates of 26 ng/J (0.060 lb/MMBtu) or less and 
that does not use post-combustion technology to reduce emissions of 
SO2 or PM is exempt from the PM standards specified in 
paragraph (a) of this section.

[60 FR 65415, Dec. 19, 1995, as amended at 76 FR 3522, Jan. 20, 2011; 74 
FR 5077, Jan. 28, 2009; 77 FR 9447, Feb. 16, 2012]



Sec.  60.43  Standard for sulfur dioxide (SO2).

    (a) Except as provided under paragraph (d) of this section, on and 
after the date on which the performance test required to be conducted by 
Sec.  60.8 is completed, no owner or operator subject to the provisions 
of this subpart shall cause to be discharged into the atmosphere from 
any affected facility any gases that contain SO2 in excess 
of:
    (1) 340 ng/J heat input (0.80 lb/MMBtu) derived from liquid fossil 
fuel or liquid fossil fuel and wood residue.
    (2) 520 ng/J heat input (1.2 lb/MMBtu) derived from solid fossil 
fuel or solid fossil fuel and wood residue, except as provided in 
paragraph (e) of this section.
    (b) Except as provided under paragraph (d) of this section, when 
different fossil fuels are burned simultaneously in any combination, the 
applicable standard (in ng/J) shall be determined by proration using the 
following formula:
[GRAPHIC] [TIFF OMITTED] TR13JN07.000

Where:

PSSO2 = Prorated standard for SO2 when burning 
          different fuels simultaneously, in ng/J heat input derived 
          from all fossil fuels or from all fossil fuels and wood 
          residue fired;
y = Percentage of total heat input derived from liquid fossil fuel; and
z = Percentage of total heat input derived from solid fossil fuel.

    (c) Compliance shall be based on the total heat input from all 
fossil fuels burned, including gaseous fuels.
    (d) As an alternate to meeting the requirements of paragraphs (a) 
and (b) of this section, an owner or operator can petition the 
Administrator (in writing) to comply with Sec.  60.43Da(i)(3) of subpart 
Da of this part or comply with Sec.  60.42b(k)(4) of subpart Db of this 
part, as applicable to the affected source. If the Administrator grants 
the petition, the source will from then on (unless the unit is modified 
or reconstructed in the future) have to comply with the requirements in 
Sec.  60.43Da(i)(3) of subpart Da of this part or Sec.  60.42b(k)(4) of 
subpart Db of this part, as applicable to the affected source.
    (e) Units 1 and 2 (as defined in appendix G of this part) at the 
Newton Power Station owned or operated by the Central Illinois Public 
Service Company will be in compliance with paragraph (a)(2) of this 
section if Unit 1 and Unit 2 individually comply with paragraph (a)(2) 
of this section or if the combined emission rate from Units 1 and 2 does 
not exceed 470 ng/J (1.1 lb/MMBtu) combined heat input to Units 1 and 2.

[60 FR 65415, Dec. 19, 1995, as amended at 74 FR 5077, Jan. 28, 2009]

[[Page 160]]



Sec.  60.44  Standard for nitrogen oxides (NOX).

    (a) Except as provided under paragraph (e) of this section, on and 
after the date on which the performance test required to be conducted by 
Sec.  60.8 is completed, no owner or operator subject to the provisions 
of this subpart shall cause to be discharged into the atmosphere from 
any affected facility any gases that contain NOX, expressed 
as NO2 in excess of:
    (1) 86 ng/J heat input (0.20 lb/MMBtu) derived from gaseous fossil 
fuel.
    (2) 129 ng/J heat input (0.30 lb/MMBtu) derived from liquid fossil 
fuel, liquid fossil fuel and wood residue, or gaseous fossil fuel and 
wood residue.
    (3) 300 ng/J heat input (0.70 lb/MMBtu) derived from solid fossil 
fuel or solid fossil fuel and wood residue (except lignite or a solid 
fossil fuel containing 25 percent, by weight, or more of coal refuse).
    (4) 260 ng/J heat input (0.60 lb MMBtu) derived from lignite or 
lignite and wood residue (except as provided under paragraph (a)(5) of 
this section).
    (5) 340 ng/J heat input (0.80 lb MMBtu) derived from lignite which 
is mined in North Dakota, South Dakota, or Montana and which is burned 
in a cyclone-fired unit.
    (b) Except as provided under paragraphs (c), (d), and (e) of this 
section, when different fossil fuels are burned simultaneously in any 
combination, the applicable standard (in ng/J) is determined by 
proration using the following formula:
[GRAPHIC] [TIFF OMITTED] TR13JN07.001

Where:

PSNOX = Prorated standard for NOX when 
          burning different fuels simultaneously, in ng/J heat input 
          derived from all fossil fuels fired or from all fossil fuels 
          and wood residue fired;
w = Percentage of total heat input derived from lignite;
x = Percentage of total heat input derived from gaseous fossil fuel;
y = Percentage of total heat input derived from liquid fossil fuel; and
z = Percentage of total heat input derived from solid fossil fuel 
          (except lignite).

    (c) When a fossil fuel containing at least 25 percent, by weight, of 
coal refuse is burned in combination with gaseous, liquid, or other 
solid fossil fuel or wood residue, the standard for NOX does 
not apply.
    (d) Except as provided under paragraph (e) of this section, cyclone-
fired units which burn fuels containing at least 25 percent of lignite 
that is mined in North Dakota, South Dakota, or Montana remain subject 
to paragraph (a)(5) of this section regardless of the types of fuel 
combusted in combination with that lignite.
    (e) As an alternate to meeting the requirements of paragraphs (a), 
(b), and (d) of this section, an owner or operator can petition the 
Administrator (in writing) to comply with Sec.  60.44Da(e)(3) of subpart 
Da of this part. If the Administrator grants the petition, the source 
will from then on (unless the unit is modified or reconstructed in the 
future) have to comply with the requirements in Sec.  60.44Da(e)(3) of 
subpart Da of this part.



Sec.  60.45  Emissions and fuel monitoring.

    (a) Each owner or operator of an affected facility subject to the 
applicable emissions standard shall install, calibrate, maintain, and 
operate continuous opacity monitoring system (COMS) for measuring 
opacity and a continuous emissions monitoring system (CEMS) for 
measuring SO2 emissions, NOX emissions, and either 
oxygen (O2) or carbon dioxide (CO2) except as 
provided in paragraph (b) of this section.
    (b) Certain of the CEMS and COMS requirements under paragraph (a) of 
this section do not apply to owners or operators under the following 
conditions:
    (1) For a fossil-fuel-fired steam generator that combusts only 
gaseous or liquid fossil fuel (excluding residual

[[Page 161]]

oil) with potential SO2 emissions rates of 26 ng/J (0.060 lb/
MMBtu) or less and that does not use post-combustion technology to 
reduce emissions of SO2 or PM, COMS for measuring the opacity 
of emissions and CEMS for measuring SO2 emissions are not 
required if the owner or operator monitors SO2 emissions by 
fuel sampling and analysis or fuel receipts.
    (2) For a fossil-fuel-fired steam generator that does not use a flue 
gas desulfurization device, a CEMS for measuring SO2 
emissions is not required if the owner or operator monitors 
SO2 emissions by fuel sampling and analysis.
    (3) Notwithstanding Sec.  60.13(b), installation of a CEMS for 
NOX may be delayed until after the initial performance tests 
under Sec.  60.8 have been conducted. If the owner or operator 
demonstrates during the performance test that emissions of 
NOX are less than 70 percent of the applicable standards in 
Sec.  60.44, a CEMS for measuring NOX emissions is not 
required. If the initial performance test results show that 
NOX emissions are greater than 70 percent of the applicable 
standard, the owner or operator shall install a CEMS for NOX 
within one year after the date of the initial performance tests under 
Sec.  60.8 and comply with all other applicable monitoring requirements 
under this part.
    (4) If an owner or operator is not required to and elects not to 
install any CEMS for either SO2 or NOX, a CEMS for 
measuring either O2 or CO2 is not required.
    (5) For affected facilities using a PM CEMS, a bag leak detection 
system to monitor the performance of a fabric filter (baghouse) 
according to the most current requirements in Sec.  60.48Da of this 
part, or an ESP predictive model to monitor the performance of the ESP 
developed in accordance and operated according to the most current 
requirements in section Sec.  60.48Da of this part a COMS is not 
required.
    (6) A COMS for measuring the opacity of emissions is not required 
for an affected facility that does not use post-combustion technology 
(except a wet scrubber) for reducing PM, SO2, or carbon 
monoxide (CO) emissions, burns only gaseous fuels or fuel oils that 
contain less than or equal to 0.30 weight percent sulfur, and is 
operated such that emissions of CO to the atmosphere from the affected 
source are maintained at levels less than or equal to 0.15 lb/MMBtu on a 
boiler operating day average basis. Owners and operators of affected 
sources electing to comply with this paragraph must demonstrate 
compliance according to the procedures specified in paragraphs (b)(6)(i) 
through (iv) of this section.
    (i) You must monitor CO emissions using a CEMS according to the 
procedures specified in paragraphs (b)(6)(i)(A) through (D) of this 
section.
    (A) The CO CEMS must be installed, certified, maintained, and 
operated according to the provisions in Sec.  60.58b(i)(3) of subpart Eb 
of this part.
    (B) Each 1-hour CO emissions average is calculated using the data 
points generated by the CO CEMS expressed in parts per million by volume 
corrected to 3 percent oxygen (dry basis).
    (C) At a minimum, valid 1-hour CO emissions averages must be 
obtained for at least 90 percent of the operating hours on a 30-day 
rolling average basis. The 1-hour averages are calculated using the data 
points required in Sec.  60.13(h)(2).
    (D) Quarterly accuracy determinations and daily calibration drift 
tests for the CO CEMS must be performed in accordance with procedure 1 
in appendix F of this part.
    (ii) You must calculate the 1-hour average CO emissions levels for 
each boiler operating day by multiplying the average hourly CO output 
concentration measured by the CO CEMS times the corresponding average 
hourly flue gas flow rate and divided by the corresponding average 
hourly heat input to the affected source. The 24-hour average CO 
emission level is determined by calculating the arithmetic average of 
the hourly CO emission levels computed for each boiler operating day.
    (iii) You must evaluate the preceding 24-hour average CO emission 
level each boiler operating day excluding periods of affected source 
startup, shutdown, or malfunction. If the 24-hour average CO emission 
level is greater than 0.15 lb/MMBtu, you must initiate investigation of 
the relevant equipment and control systems within 24 hours of the

[[Page 162]]

first discovery of the high emission incident and, take the appropriate 
corrective action as soon as practicable to adjust control settings or 
repair equipment to reduce the 24-hour average CO emission level to 0.15 
lb/MMBtu or less.
    (iv) You must record the CO measurements and calculations performed 
according to paragraph (b)(6) of this section and any corrective actions 
taken. The record of corrective action taken must include the date and 
time during which the 24-hour average CO emission level was greater than 
0.15 lb/MMBtu, and the date, time, and description of the corrective 
action.
    (7) An owner or operator of an affected facility subject to an 
opacity standard under Sec.  60.42 that elects to not use a COMS because 
the affected facility burns only fuels as specified under paragraph 
(b)(1) of this section, monitors PM emissions as specified under 
paragraph (b)(5) of this section, or monitors CO emissions as specified 
under paragraph (b)(6) of this section, shall conduct a performance test 
using Method 9 of appendix A-4 of this part and the procedures in Sec.  
60.11 to demonstrate compliance with the applicable limit in Sec.  60.42 
by April 29, 2011 or within 45 days after stopping use of an existing 
COMS, whichever is later, and shall comply with either paragraph 
(b)(7)(i), (b)(7)(ii), or (b)(7)(iii) of this section. The observation 
period for Method 9 of appendix A-4 of this part performance tests may 
be reduced from 3 hours to 60 minutes if all 6-minute averages are less 
than 10 percent and all individual 15-second observations are less than 
or equal to 20 percent during the initial 60 minutes of observation. The 
permitting authority may exempt owners or operators of affected 
facilities burning only natural gas from the opacity monitoring 
requirements.
    (i) Except as provided in paragraph (b)(7)(ii) or (b)(7)(iii) of 
this section, the owner or operator shall conduct subsequent Method 9 of 
appendix A-4 of this part performance tests using the procedures in 
paragraph (b)(7) of this section according to the applicable schedule in 
paragraphs (b)(7)(i)(A) through (b)(7)(i)(D) of this section, as 
determined by the most recent Method 9 of appendix A-4 of this part 
performance test results.
    (A) If no visible emissions are observed, a subsequent Method 9 of 
appendix A-4 of this part performance test must be completed within 12 
calendar months from the date that the most recent performance test was 
conducted or within 45 days of the next day that fuel with an opacity 
standard is combusted, whichever is later;
    (B) If visible emissions are observed but the maximum 6-minute 
average opacity is less than or equal to 5 percent, a subsequent Method 
9 of appendix A-4 of this part performance test must be completed within 
6 calendar months from the date that the most recent performance test 
was conducted or within 45 days of the next day that fuel with an 
opacity standard is combusted, whichever is later;
    (C) If the maximum 6-minute average opacity is greater than 5 
percent but less than or equal to 10 percent, a subsequent Method 9 of 
appendix A-4 of this part performance test must be completed within 3 
calendar months from the date that the most recent performance test was 
conducted or within 45 days of the next day that fuel with an opacity 
standard is combusted, whichever is later; or
    (D) If the maximum 6-minute average opacity is greater than 10 
percent, a subsequent Method 9 of appendix A-4 of this part performance 
test must be completed within 45 calendar days from the date that the 
most recent performance test was conducted.
    (ii) If the maximum 6-minute opacity is less than 10 percent during 
the most recent Method 9 of appendix A-4 of this part performance test, 
the owner or operator may, as an alternative to performing subsequent 
Method 9 of appendix A-4 of this part performance test, elect to perform 
subsequent monitoring using Method 22 of appendix A-7 of this part 
according to the procedures specified in paragraphs (b)(7)(ii)(A) and 
(B) of this section.
    (A) The owner or operator shall conduct 10 minute observations 
(during normal operation) each operating day the affected facility fires 
fuel for which an opacity standard is applicable using Method 22 of 
appendix A-7 of this part and demonstrate that the sum of the

[[Page 163]]

occurrences of any visible emissions is not in excess of 5 percent of 
the observation period (i.e., 30 seconds per 10 minute period). If the 
sum of the occurrence of any visible emissions is greater than 30 
seconds during the initial 10 minute observation, immediately conduct a 
30 minute observation. If the sum of the occurrence of visible emissions 
is greater than 5 percent of the observation period (i.e., 90 seconds 
per 30 minute period), the owner or operator shall either document and 
adjust the operation of the facility and demonstrate within 24 hours 
that the sum of the occurrence of visible emissions is equal to or less 
than 5 percent during a 30 minute observation (i.e., 90 seconds) or 
conduct a new Method 9 of appendix A-4 of this part performance test 
using the procedures in paragraph (b)(7) of this section within 45 
calendar days according to the requirements in Sec.  60.46(b)(3).
    (B) If no visible emissions are observed for 10 operating days 
during which an opacity standard is applicable, observations can be 
reduced to once every 7 operating days during which an opacity standard 
is applicable. If any visible emissions are observed, daily observations 
shall be resumed.
    (iii) If the maximum 6-minute opacity is less than 10 percent during 
the most recent Method 9 of appendix A-4 of this part performance test, 
the owner or operator may, as an alternative to performing subsequent 
Method 9 of appendix A-4 performance tests, elect to perform subsequent 
monitoring using a digital opacity compliance system according to a 
site-specific monitoring plan approved by the Administrator. The 
observations shall be similar, but not necessarily identical, to the 
requirements in paragraph (b)(7)(ii) of this section. For reference 
purposes in preparing the monitoring plan, see OAQPS ``Determination of 
Visible Emission Opacity from Stationary Sources Using Computer-Based 
Photographic Analysis Systems.'' This document is available from the 
U.S. Environmental Protection Agency (U.S. EPA); Office of Air Quality 
and Planning Standards; Sector Policies and Programs Division; 
Measurement Policy Group (D243-02), Research Triangle Park, NC 27711. 
This document is also available on the Technology Transfer Network (TTN) 
under Emission Measurement Center Preliminary Methods.
    (8) A COMS for measuring the opacity of emissions is not required 
for an affected facility at which the owner or operator installs, 
calibrates, operates, and maintains a particulate matter continuous 
parametric monitoring system (PM CPMS) according to the requirements 
specified in subpart UUUUU of part 63.
    (c) For performance evaluations under Sec.  60.13(c) and calibration 
checks under Sec.  60.13(d), the following procedures shall be used:
    (1) Methods 6, 7, and 3B of appendix A of this part, as applicable, 
shall be used for the performance evaluations of SO2 and 
NOX continuous monitoring systems. Acceptable alternative 
methods for Methods 6, 7, and 3B of appendix A of this part are given in 
Sec.  60.46(d).
    (2) Sulfur dioxide or nitric oxide, as applicable, shall be used for 
preparing calibration gas mixtures under Performance Specification 2 of 
appendix B to this part.
    (3) For affected facilities burning fossil fuel(s), the span value 
for a continuous monitoring system measuring the opacity of emissions 
shall be 80, 90, or 100 percent. For a continuous monitoring system 
measuring sulfur oxides or NOX the span value shall be 
determined using one of the following procedures:
    (i) Except as provided under paragraph (c)(3)(ii) of this section, 
SO2 and NOX span values shall be determined as 
follows:

----------------------------------------------------------------------------------------------------------------
                                                                 In parts per million
             Fossil fuel             ---------------------------------------------------------------------------
                                               Span value for SO2                    Span value for NOX
----------------------------------------------------------------------------------------------------------------
Gas.................................  (\1\)...............................  500.
Liquid..............................  1,000...............................  500.
Solid...............................  1,500...............................  1,000.
Combinations........................  1,000y + 1,500z.....................  500 (x + y) + 1,000z.
----------------------------------------------------------------------------------------------------------------
\1\ Not applicable.


[[Page 164]]

Where:

x = Fraction of total heat input derived from gaseous fossil fuel;
y = Fraction of total heat input derived from liquid fossil fuel; and
z = Fraction of total heat input derived from solid fossil fuel.

    (ii) As an alternative to meeting the requirements of paragraph 
(c)(3)(i) of this section, the owner or operator of an affected facility 
may elect to use the SO2 and NOX span values 
determined according to sections 2.1.1 and 2.1.2 in appendix A to part 
75 of this chapter.
    (4) All span values computed under paragraph (c)(3)(i) of this 
section for burning combinations of fossil fuels shall be rounded to the 
nearest 500 ppm. Span values that are computed under paragraph 
(c)(3)(ii) of this section shall be rounded off according to the 
applicable procedures in section 2 of appendix A to part 75 of this 
chapter.
    (5) For a fossil-fuel-fired steam generator that simultaneously 
burns fossil fuel and nonfossil fuel, the span value of all CEMS shall 
be subject to the Administrator's approval.
    (d) [Reserved]
    (e) For any CEMS installed under paragraph (a) of this section, the 
following conversion procedures shall be used to convert the continuous 
monitoring data into units of the applicable standards (ng/J, lb/MMBtu):
    (1) When a CEMS for measuring O2 is selected, the 
measurement of the pollutant concentration and O2 
concentration shall each be on a consistent basis (wet or dry). 
Alternative procedures approved by the Administrator shall be used when 
measurements are on a wet basis. When measurements are on a dry basis, 
the following conversion procedure shall be used:
[GRAPHIC] [TIFF OMITTED] TR13JN07.002

Where E, C, F, and %O2 are determined under paragraph (f) of 
          this section.

    (2) When a CEMS for measuring CO2 is selected, the 
measurement of the pollutant concentration and CO2 
concentration shall each be on a consistent basis (wet or dry) and the 
following conversion procedure shall be used:
[GRAPHIC] [TIFF OMITTED] TR13JN07.003

Where E, C, Fc and %CO2 are determined under 
          paragraph (f) of this section.

    (f) The values used in the equations under paragraphs (e)(1) and (2) 
of this section are derived as follows:
    (1) E = pollutant emissions, ng/J (lb/MMBtu).
    (2) C = pollutant concentration, ng/dscm (lb/dscf), determined by 
multiplying the average concentration (ppm) for each one-hour period by 
4.15 x 10\4\ M ng/dscm per ppm (2.59 x 10-9 M lb/dscf per 
ppm) where M = pollutant molecular weight, g/g-mole (lb/lb-mole). M = 
64.07 for SO2 and 46.01 for NOX.
    (3) %O2, %CO2 = O2 or 
CO2 volume (expressed as percent), determined with equipment 
specified under paragraph (a) of this section.
    (4) F, Fc = a factor representing a ratio of the volume 
of dry flue gases generated to the calorific value of the fuel combusted 
(F), and a factor representing a ratio of the volume of CO2 
generated to the calorific value of the fuel combusted (Fc), 
respectively. Values of F and Fc are given as follows:
    (i) For anthracite coal as classified according to ASTM D388 
(incorporated by reference, see Sec.  60.17), F = 2,723 x 
10-17 dscm/J (10,140 dscf/MMBtu) and Fc = 0.532 x 
10-17 scm CO2/J (1,980 scf CO2/MMBtu).
    (ii) For subbituminous and bituminous coal as classified according 
to ASTM D388 (incorporated by reference, see Sec.  60.17), F = 2.637 x 
10-7 dscm/J (9,820 dscf/MMBtu) and Fc = 0.486 x 
10-7 scm CO2/J (1,810 scf CO2/MMBtu).
    (iii) For liquid fossil fuels including crude, residual, and 
distillate oils, F = 2.476 x 10-7 dscm/J (9,220 dscf/MMBtu) 
and Fc = 0.384 x 10-7 scm CO2/J (1,430 
scf CO2/MMBtu).
    (iv) For gaseous fossil fuels, F = 2.347 x 10-7 dscm/J 
(8,740 dscf/MMBtu). For natural gas, propane, and butane fuels, 
Fc = 0.279 x 10-7 scm CO2/J (1,040 scf 
CO2/MMBtu) for natural gas, 0.322 x 10-7 scm 
CO2/J (1,200 scf CO2/MMBtu) for propane, and 0.338 
x 10-7 scm CO2/J (1,260 scf CO2/MMBtu) 
for butane.

[[Page 165]]

    (v) For bark F = 2.589 x 10-7 dscm/J (9,640 dscf/MMBtu) 
and Fc = 0.500 x 10-7 scm CO2/J (1,840 
scf CO2/MMBtu). For wood residue other than bark F = 2.492 x 
10-7 dscm/J (9,280 dscf/MMBtu) and Fc = 0.494 x 
10-7 scm CO2/J (1,860 scf CO2/MMBtu).
    (vi) For lignite coal as classified according to ASTM D388 
(incorporated by reference, see Sec.  60.17), F = 2.659 x 
10-7 dscm/J (9,900 dscf/MMBtu) and Fc = 0.516 x 
10-7 scm CO2/J (1,920 scf CO2/MMBtu).
    (5) The owner or operator may use the following equation to 
determine an F factor (dscm/J or dscf/MMBtu) on a dry basis (if it is 
desired to calculate F on a wet basis, consult the Administrator) or Fc 
factor (scm CO2/J, or scf CO2/MMBtu) on either 
basis in lieu of the F or Fc factors specified in paragraph 
(f)(4) of this section:
[GRAPHIC] [TIFF OMITTED] TR13JN07.004

    (i) %H, %C, %S, %N, and %O are content by weight of hydrogen, 
carbon, sulfur, nitrogen, and O2 (expressed as percent), 
respectively, as determined on the same basis as GCV by ultimate 
analysis of the fuel fired, using ASTM D3178 or D3176 (solid fuels), or 
computed from results using ASTM D1137, D1945, or D1946 (gaseous fuels) 
as applicable. (These five methods are incorporated by reference, see 
Sec.  60.17.)
    (ii) GVC is the gross calorific value (kJ/kg, Btu/lb) of the fuel 
combusted determined by the ASTM test methods D2015 or D5865 for solid 
fuels and D1826 for gaseous fuels as applicable. (These three methods 
are incorporated by reference, see Sec.  60.17.)
    (iii) For affected facilities which fire both fossil fuels and 
nonfossil fuels, the F or Fc value shall be subject to the 
Administrator's approval.
    (6) For affected facilities firing combinations of fossil fuels or 
fossil fuels and wood residue, the F or Fc factors determined by 
paragraphs (f)(4) or (f)(5) of this section shall be prorated in 
accordance with the applicable formula as follows:
[GRAPHIC] [TIFF OMITTED] TR13JN07.005

Where:

Xi = Fraction of total heat input derived from each type of 
          fuel (e.g. natural gas, bituminous coal, wood residue, etc.);
Fi or (Fc)i = Applicable F or 
          Fc factor for each fuel type determined in 
          accordance with paragraphs (f)(4) and (f)(5) of this section; 
          and

[[Page 166]]

n = Number of fuels being burned in combination.

    (g) Excess emission and monitoring system performance reports shall 
be submitted to the Administrator semiannually for each six-month period 
in the calendar year. All semiannual reports shall be postmarked by the 
30th day following the end of each six-month period. Each excess 
emission and MSP report shall include the information required in Sec.  
60.7(c). Periods of excess emissions and monitoring systems (MS) 
downtime that shall be reported are defined as follows:
    (1) Opacity. Excess emissions are defined as any six-minute period 
during which the average opacity of emissions exceeds 20 percent 
opacity, except that one six-minute average per hour of up to 27 percent 
opacity need not be reported.
    (i) For sources subject to the opacity standard of Sec.  
60.42(b)(1), excess emissions are defined as any six-minute period 
during which the average opacity of emissions exceeds 35 percent 
opacity, except that one six-minute average per hour of up to 42 percent 
opacity need not be reported.
    (ii) For sources subject to the opacity standard of Sec.  
60.42(b)(2), excess emissions are defined as any six-minute period 
during which the average opacity of emissions exceeds 32 percent 
opacity, except that one six-minute average per hour of up to 39 percent 
opacity need not be reported.
    (2) Sulfur dioxide. Excess emissions for affected facilities are 
defined as:
    (i) For affected facilities electing not to comply with Sec.  
60.43(d), any three-hour period during which the average emissions 
(arithmetic average of three contiguous one-hour periods) of 
SO2 as measured by a CEMS exceed the applicable standard in 
Sec.  60.43; or
    (ii) For affected facilities electing to comply with Sec.  60.43(d), 
any 30 operating day period during which the average emissions 
(arithmetic average of all one-hour periods during the 30 operating 
days) of SO2 as measured by a CEMS exceed the applicable 
standard in Sec.  60.43. Facilities complying with the 30-day 
SO2 standard shall use the most current associated 
SO2 compliance and monitoring requirements in Sec. Sec.  
60.48Da and 60.49Da of subpart Da of this part or Sec. Sec.  60.45b and 
60.47b of subpart Db of this part, as applicable.
    (3) Nitrogen oxides. Excess emissions for affected facilities using 
a CEMS for measuring NOX are defined as:
    (i) For affected facilities electing not to comply with Sec.  
60.44(e), any three-hour period during which the average emissions 
(arithmetic average of three contiguous one-hour periods) exceed the 
applicable standards in Sec.  60.44; or
    (ii) For affected facilities electing to comply with Sec.  60.44(e), 
any 30 operating day period during which the average emissions 
(arithmetic average of all one-hour periods during the 30 operating 
days) of NOX as measured by a CEMS exceed the applicable 
standard in Sec.  60.44. Facilities complying with the 30-day 
NOX standard shall use the most current associated 
NOX compliance and monitoring requirements in Sec. Sec.  
60.48Da and 60.49Da of subpart Da of this part.
    (4) Particulate matter. Excess emissions for affected facilities 
using a CEMS for measuring PM are defined as any boiler operating day 
period during which the average emissions (arithmetic average of all 
operating one-hour periods) exceed the applicable standards in Sec.  
60.42. Affected facilities using PM CEMS must follow the most current 
applicable compliance and monitoring provisions in Sec. Sec.  60.48Da 
and 60.49Da of subpart Da of this part.
    (h) The owner or operator of an affected facility subject to the 
opacity limits in Sec.  60.42 that elects to monitor emissions according 
to the requirements in Sec.  60.45(b)(7) shall maintain records 
according to the requirements specified in paragraphs (h)(1) through (3) 
of this section, as applicable to the visible emissions monitoring 
method used.
    (1) For each performance test conducted using Method 9 of appendix 
A-4 of this part, the owner or operator shall keep the records including 
the information specified in paragraphs (h)(1)(i) through (iii) of this 
section.
    (i) Dates and time intervals of all opacity observation periods;
    (ii) Name, affiliation, and copy of current visible emission reading 
certification for each visible emission observer participating in the 
performance test; and

[[Page 167]]

    (iii) Copies of all visible emission observer opacity field data 
sheets;
    (2) For each performance test conducted using Method 22 of appendix 
A-4 of this part, the owner or operator shall keep the records including 
the information specified in paragraphs (h)(2)(i) through (iv) of this 
section.
    (i) Dates and time intervals of all visible emissions observation 
periods;
    (ii) Name and affiliation for each visible emission observer 
participating in the performance test;
    (iii) Copies of all visible emission observer opacity field data 
sheets; and
    (iv) Documentation of any adjustments made and the time the 
adjustments were completed to the affected facility operation by the 
owner or operator to demonstrate compliance with the applicable 
monitoring requirements.
    (3) For each digital opacity compliance system, the owner or 
operator shall maintain records and submit reports according to the 
requirements specified in the site-specific monitoring plan approved by 
the Administrator.

[60 FR 65415, Dec. 19, 1995, as amended at 74 FR 5077, Jan. 28, 2009; 76 
FR 3522, Jan. 20, 2011; 77 FR 9447, Feb. 16, 2012]



Sec.  60.46  Test methods and procedures.

    (a) In conducting the performance tests required in Sec.  60.8, and 
subsequent performance tests as requested by the EPA Administrator, the 
owner or operator shall use as reference methods and procedures the test 
methods in appendix A of this part or other methods and procedures as 
specified in this section, except as provided in Sec.  60.8(b). 
Acceptable alternative methods and procedures are given in paragraph (d) 
of this section.
    (b) The owner or operator shall determine compliance with the PM, 
SO2, and NOX standards in Sec. Sec.  60.42, 60.43, 
and 60.44 as follows:
    (1) The emission rate (E) of PM, SO2, or NOX 
shall be computed for each run using the following equation:
[GRAPHIC] [TIFF OMITTED] TR13JN07.006

Where:

E = Emission rate of pollutant, ng/J (1b/million Btu);
C = Concentration of pollutant, ng/dscm (1b/dscf);
%O2 = O2 concentration, percent dry basis; and
Fd = Factor as determined from Method 19 of appendix A of 
          this part.

    (2) Method 5 of appendix A of this part shall be used to determine 
the PM concentration (C) at affected facilities without wet flue-gas-
desulfurization (FGD) systems and Method 5B of appendix A of this part 
shall be used to determine the PM concentration (C) after FGD systems.
    (i) The sampling time and sample volume for each run shall be at 
least 60 minutes and 0.85 dscm (30 dscf). The probe and filter holder 
heating systems in the sampling train shall be set to provide an average 
gas temperature of 16014 [deg]C (32025 [deg]F).
    (ii) The emission rate correction factor, integrated or grab 
sampling and analysis procedure of Method 3B of appendix A of this part 
shall be used to determine the O2 concentration 
(%O2). The O2 sample shall be obtained 
simultaneously with, and at the same traverse points as, the particulate 
sample. If the grab sampling procedure is used, the O2 
concentration for the run shall be the arithmetic mean of the sample 
O2 concentrations at all traverse points.
    (iii) If the particulate run has more than 12 traverse points, the 
O2 traverse points may be reduced to 12 provided that Method 
1 of appendix A of this part is used to locate the 12 O2 
traverse points.
    (3) Method 9 of appendix A of this part and the procedures in Sec.  
60.11 shall be used to determine opacity.
    (4) Method 6 of appendix A of this part shall be used to determine 
the SO2 concentration.
    (i) The sampling site shall be the same as that selected for the 
particulate sample. The sampling location in the duct shall be at the 
centroid of the cross section or at a point no closer to the walls than 
1 m (3.28 ft). The sampling time and sample volume for each sample run 
shall be at least 20 minutes and 0.020 dscm (0.71 dscf). Two samples 
shall be taken during a 1-hour period, with each sample taken within a 
30-minute interval.

[[Page 168]]

    (ii) The emission rate correction factor, integrated sampling and 
analysis procedure of Method 3B of appendix A of this part shall be used 
to determine the O2 concentration (%O2). The 
O2 sample shall be taken simultaneously with, and at the same 
point as, the SO2 sample. The SO2 emission rate 
shall be computed for each pair of SO2 and O2 
samples. The SO2 emission rate (E) for each run shall be the 
arithmetic mean of the results of the two pairs of samples.
    (5) Method 7 of appendix A of this part shall be used to determine 
the NOX concentration.
    (i) The sampling site and location shall be the same as for the 
SO2 sample. Each run shall consist of four grab samples, with 
each sample taken at about 15-minute intervals.
    (ii) For each NOX sample, the emission rate correction 
factor, grab sampling and analysis procedure of Method 3B of appendix A 
of this part shall be used to determine the O2 concentration 
(%O2). The sample shall be taken simultaneously with, and at 
the same point as, the NOX sample.
    (iii) The NOX emission rate shall be computed for each 
pair of NOX and O2 samples. The NOX 
emission rate (E) for each run shall be the arithmetic mean of the 
results of the four pairs of samples.
    (c) When combinations of fossil fuels or fossil fuel and wood 
residue are fired, the owner or operator (in order to compute the 
prorated standard as shown in Sec. Sec.  60.43(b) and 60.44(b)) shall 
determine the percentage (w, x, y, or z) of the total heat input derived 
from each type of fuel as follows:
    (1) The heat input rate of each fuel shall be determined by 
multiplying the gross calorific value of each fuel fired by the rate of 
each fuel burned.
    (2) ASTM Methods D2015, or D5865 (solid fuels), D240 (liquid fuels), 
or D1826 (gaseous fuels) (all of these methods are incorporated by 
reference, see Sec.  60.17) shall be used to determine the gross 
calorific values of the fuels. The method used to determine the 
calorific value of wood residue must be approved by the Administrator.
    (3) Suitable methods shall be used to determine the rate of each 
fuel burned during each test period, and a material balance over the 
steam generating system shall be used to confirm the rate.
    (d) The owner or operator may use the following as alternatives to 
the reference methods and procedures in this section or in other 
sections as specified:
    (1) The emission rate (E) of PM, SO2 and NOX 
may be determined by using the Fc factor, provided that the following 
procedure is used:
    (i) The emission rate (E) shall be computed using the following 
equation:

[GRAPHIC] [TIFF OMITTED] TR13JN07.007

Where:

E = Emission rate of pollutant, ng/J (lb/MMBtu);
C = Concentration of pollutant, ng/dscm (lb/dscf);
%CO2 = CO2 concentration, percent dry basis; and
Fc = Factor as determined in appropriate sections of Method 
          19 of appendix A of this part.

    (ii) If and only if the average Fc factor in Method 19 of appendix A 
of this part is used to calculate E and either E is from 0.97 to 1.00 of 
the emission standard or the relative accuracy of a continuous emission 
monitoring system is from 17 to 20 percent, then three runs of Method 3B 
of appendix A of this part shall be used to determine the O2 
and CO2 concentration according to the procedures in 
paragraph (b)(2)(ii), (4)(ii), or (5)(ii) of this section. Then if 
Fo (average of three runs), as calculated from the equation 
in Method 3B of appendix A of this part, is more than 3 percent than the average Fo value, as 
determined from the average values of Fd and Fc in 
Method 19 of appendix A of this part, i.e., Foa = 0.209 
(Fda/Fca), then the following procedure shall be 
followed:
    (A) When Fo is less than 0.97 Foa, then E 
shall be increased by that proportion under 0.97 Foa, e.g., 
if Fo is 0.95 Foa, E shall be increased by 2 
percent. This recalculated value shall be used to determine compliance 
with the emission standard.
    (B) When Fo is less than 0.97 Foa and when the 
average difference (d) between the continuous monitor minus the 
reference methods is negative, then

[[Page 169]]

E shall be increased by that proportion under 0.97 Foa, e.g., 
if Fo is 0.95 Foa, E shall be increased by 2 
percent. This recalculated value shall be used to determine compliance 
with the relative accuracy specification.
    (C) When Fo is greater than 1.03 Foa and when 
the average difference d is positive, then E shall be decreased by that 
proportion over 1.03 Foa, e.g., if Fo is 1.05 
Foa, E shall be decreased by 2 percent. This recalculated 
value shall be used to determine compliance with the relative accuracy 
specification.
    (2) For Method 5 or 5B of appendix A-3 of this part, Method 17 of 
appendix A-6 of this part may be used at facilities with or without wet 
FGD systems if the stack gas temperature at the sampling location does 
not exceed an average temperature of 160 [deg]C (320 [deg]F). The 
procedures of sections 8.1 and 11.1 of Method 5B of appendix A-3 of this 
part may be used with Method 17 of appendix A-6 of this part only if it 
is used after wet FGD systems. Method 17 of appendix A-6 of this part 
shall not be used after wet FGD systems if the effluent gas is saturated 
or laden with water droplets.
    (3) Particulate matter and SO2 may be determined 
simultaneously with the Method 5 of appendix A of this part train 
provided that the following changes are made:
    (i) The filter and impinger apparatus in sections 2.1.5 and 2.1.6 of 
Method 8 of appendix A of this part is used in place of the condenser 
(section 2.1.7) of Method 5 of appendix A of this part.
    (ii) All applicable procedures in Method 8 of appendix A of this 
part for the determination of SO2 (including moisture) are 
used:
    (4) For Method 6 of appendix A of this part, Method 6C of appendix A 
of this part may be used. Method 6A of appendix A of this part may also 
be used whenever Methods 6 and 3B of appendix A of this part data are 
specified to determine the SO2 emission rate, under the 
conditions in paragraph (d)(1) of this section.
    (5) For Method 7 of appendix A of this part, Method 7A, 7C, 7D, or 
7E of appendix A of this part may be used. If Method 7C, 7D, or 7E of 
appendix A of this part is used, the sampling time for each run shall be 
at least 1 hour and the integrated sampling approach shall be used to 
determine the O2 concentration (%O2) for the 
emission rate correction factor.
    (6) For Method 3 of appendix A of this part, Method 3A or 3B of 
appendix A of this part may be used.
    (7) For Method 3B of appendix A of this part, Method 3A of appendix 
A of this part may be used.

[60 FR 65415, Dec. 19, 1995, as amended at 74 FR 5078, Jan. 28, 2009]



     Subpart Da_Standards of Performance for Electric Utility Steam 
                            Generating Units

    Source: 72 FR 32722, June 13, 2007, unless otherwise noted.



Sec.  60.40Da  Applicability and designation of affected facility.

    (a) Except as specified in paragraph (e) of this section, the 
affected facility to which this subpart applies is each electric utility 
steam generating unit:
    (1) That is capable of combusting more than 73 megawatts (MW) (250 
million British thermal units per hour (MMBtu/hr)) heat input of fossil 
fuel (either alone or in combination with any other fuel); and
    (2) For which construction, modification, or reconstruction is 
commenced after September 18, 1978.
    (b) An IGCC electric utility steam generating unit (both the 
stationary combustion turbine and any associated duct burners) is 
subject to this part and is not subject to subpart GG or KKKK of this 
part if both of the conditions specified in paragraphs (b)(1) and (2) of 
this section are met.
    (1) The IGCC electric utility steam generating unit is capable of 
combusting more than 73 MW (250 MMBtu/h) heat input of fossil fuel 
(either alone or in combination with any other fuel) in the combustion 
turbine engine and associated heat recovery steam generator; and
    (2) The IGCC electric utility steam generating unit commenced 
construction, modification, or reconstruction after February 28, 2005.

[[Page 170]]

    (c) Any change to an existing fossil-fuel-fired steam generating 
unit to accommodate the use of combustible materials, other than fossil 
fuels, shall not bring that unit under the applicability of this 
subpart.
    (d) Any change to an existing steam generating unit originally 
designed to fire gaseous or liquid fossil fuels, to accommodate the use 
of any other fuel (fossil or nonfossil) shall not bring that unit under 
the applicability of this subpart.
    (e) Applicability of this subpart to an electric utility combined 
cycle gas turbine other than an IGCC electric utility steam generating 
unit is as specified in paragraphs (e)(1) through (3) of this section.
    (1) Affected facilities (i.e. heat recovery steam generators used 
with duct burners) associated with a stationary combustion turbine that 
are capable of combusting more than 73 MW (250 MMBtu/h) heat input of 
fossil fuel are subject to this subpart except in cases when the 
affected facility (i.e. heat recovery steam generator) meets the 
applicability requirements of and is subject to subpart KKKK of this 
part.
    (2) For heat recovery steam generators use with duct burners subject 
to this subpart, only emissions resulting from the combustion of fuels 
in the steam generating unit (i.e. duct burners) are subject to the 
standards under this subpart. (The emissions resulting from the 
combustion of fuels in the stationary combustion turbine engine are 
subject to subpart GG or KKKK, as applicable, of this part.)
    (3) Any affected facility that meets the applicability requirements 
and is subject to subpart Eb or subpart CCCC of this part is not subject 
to the emission standards under subpart Da.

[72 FR 32722, June 13, 2007, as amended at 74 FR 5078, Jan. 28, 2009; 77 
FR 9448, Feb. 16, 2012]



Sec.  60.41Da  Definitions.

    As used in this subpart, all terms not defined herein shall have the 
meaning given them in the Act and in subpart A of this part.
    Affirmative defense means, in the context of an enforcement 
proceeding, a response or defense put forward by a defendant, regarding 
which the defendant has the burden of proof, and the merits of which are 
independently and objectively evaluated in a judicial or administrative 
proceeding.
    Anthracite means coal that is classified as anthracite according to 
the American Society of Testing and Materials in ASTM D388 (incorporated 
by reference, see Sec.  60.17).
    Available system capacity means the capacity determined by 
subtracting the system load and the system emergency reserves from the 
net system capacity.
    Biomass means plant materials and animal waste.
    Bituminous coal means coal that is classified as bituminous 
according to the American Society of Testing and Materials in ASTM D388 
(incorporated by reference, see Sec.  60.17).
    Boiler operating day for units constructed, reconstructed, or 
modified before March 1, 2005, means a 24-hour period during which 
fossil fuel is combusted in a steam-generating unit for the entire 24 
hours. For units constructed, reconstructed, or modified after February 
28, 2005, boiler operating day means a 24-hour period between 12 
midnight and the following midnight during which any fuel is combusted 
at any time in the steam-generating unit. It is not necessary for fuel 
to be combusted the entire 24-hour period.
    Coal means all solid fuels classified as anthracite, bituminous, 
subbituminous, or lignite by the American Society of Testing and 
Materials in ASTM D388 (incorporated by reference, see Sec.  60.17) and 
coal refuse. Synthetic fuels derived from coal for the purpose of 
creating useful heat, including but not limited to solvent-refined coal, 
gasified coal, coal-oil mixtures, and coal-water mixtures are included 
in this definition for the purposes of this subpart.
    Coal-fired electric utility steam generating unit means an electric 
utility steam generating unit that burns coal, coal refuse, or a 
synthetic gas derived from coal either exclusively, in any combination 
together, or in any combination with other fuels in any amount.
    Coal refuse means waste products of coal mining, physical coal 
cleaning, and coal preparation operations (e.g.

[[Page 171]]

culm, gob, etc.) containing coal, matrix material, clay, and other 
organic and inorganic material.
    Combined cycle gas turbine means a stationary turbine combustion 
system where heat from the turbine exhaust gases is recovered by a steam 
generating unit.
    Combined heat and power, also known as ``cogeneration,'' means a 
steam-generating unit that simultaneously produces both electric (and 
mechanical) and useful thermal energy from the same primary energy 
source.
    Duct burner means a device that combusts fuel and that is placed in 
the exhaust duct from another source, such as a stationary gas turbine, 
internal combustion engine, kiln, etc., to allow the firing of 
additional fuel to heat the exhaust gases before the exhaust gases enter 
a heat recovery steam generating unit.
    Electric utility combined cycle gas turbine means any combined cycle 
gas turbine used for electric generation that is constructed for the 
purpose of supplying more than one-third of its potential electric 
output capacity and more than 25 MW net-electrical output to any utility 
power distribution system for sale. Any steam distribution system that 
is constructed for the purpose of providing steam to a steam electric 
generator that would produce electrical power for sale is also 
considered in determining the electrical energy output capacity of the 
affected facility.
    Electric utility steam-generating unit means any steam electric 
generating unit that is constructed for the purpose of supplying more 
than one-third of its potential electric output capacity and more than 
25 MW net-electrical output to any utility power distribution system for 
sale. Also, any steam supplied to a steam distribution system for the 
purpose of providing steam to a steam-electric generator that would 
produce electrical energy for sale is considered in determining the 
electrical energy output capacity of the affected facility.
    Electrostatic precipitator or ESP means an add-on air pollution 
control device used to capture particulate matter (PM) by charging the 
particles using an electrostatic field, collecting the particles using a 
grounded collecting surface, and transporting the particles into a 
hopper.
    Emission limitation means any emissions limit or operating limit.
    Federally enforceable means all limitations and conditions that are 
enforceable by the Administrator, including the requirements of 40 CFR 
parts 60 and 61, requirements within any applicable State implementation 
plan, and any permit requirements established under 40 CFR 52.21 or 
under 40 CFR 51.18 and 51.24.
    Fossil fuel means natural gas, petroleum, coal, and any form of 
solid, liquid, or gaseous fuel derived from such material for the 
purpose of creating useful heat.
    Gaseous fuel means any fuel that is present as a gas at standard 
conditions and includes, but is not limited to, natural gas, refinery 
fuel gas, process gas, coke-oven gas, synthetic gas, and gasified coal.
    Gross energy output means:
    (1) For facilities constructed, reconstructed, or modified before 
May 4, 2011, the gross electrical or mechanical output from the affected 
facility plus 75 percent of the useful thermal output measured relative 
to ISO conditions that is not used to generate additional electrical or 
mechanical output or to enhance the performance of the unit (i.e., steam 
delivered to an industrial process);
    (2) For facilities constructed, reconstructed, or modified after May 
3, 2011, the gross electrical or mechanical output from the affected 
facility minus any electricity used to power the feedwater pumps and any 
associated gas compressors (air separation unit main compressor, oxygen 
compressor, and nitrogen compressor) plus 75 percent of the useful 
thermal output measured relative to ISO conditions that is not used to 
generate additional electrical or mechanical output or to enhance the 
performance of the unit (i.e., steam delivered to an industrial 
process);
    (3) For combined heat and power facilities constructed, 
reconstructed, or modified after May 3, 2011, the gross electrical or 
mechanical output from the affected facility divided by 0.95 minus any 
electricity used to power

[[Page 172]]

the feedwater pumps and any associated gas compressors (air separation 
unit main compressor, oxygen compressor, and nitrogen compressor) plus 
75 percent of the useful thermal output measured relative to ISO 
conditions that is not used to generate additional electrical or 
mechanical output or to enhance the performance of the unit (i.e., steam 
delivered to an industrial process);
    (4) For a IGCC electric utility generating unit that coproduces 
chemicals constructed, reconstructed, or modified after May 3, 2011, the 
gross useful work performed is the gross electrical or mechanical output 
from the unit minus electricity used to power the feedwater pumps and 
any associated gas compressors (air separation unit main compressor, 
oxygen compressor, and nitrogen compressor) that are associated with 
power production plus 75 percent of the useful thermal output measured 
relative to ISO conditions that is not used to generate additional 
electrical or mechanical output or to enhance the performance of the 
unit (i.e., steam delivered to an industrial process). Auxiliary loads 
that are associated with power production are determined based on the 
energy in the coproduced chemicals compared to the energy of the syngas 
combusted in combustion turbine engine and associated duct burners.
    24-hour period means the period of time between 12:01 a.m. and 12:00 
midnight.
    Integrated gasification combined cycle electric utility steam 
generating unit or IGCC electric utility steam generating unit means an 
electric utility combined cycle gas turbine that is designed to burn 
fuels containing 50 percent (by heat input) or more solid-derived fuel 
not meeting the definition of natural gas. The Administrator may waive 
the 50 percent solid-derived fuel requirement during periods of the 
gasification system construction, startup and commissioning, shutdown, 
or repair. No solid fuel is directly burned in the unit during 
operation.
    ISO conditions means a temperature of 288 Kelvin, a relative 
humidity of 60 percent, and a pressure of 101.3 kilopascals.
    Lignite means coal that is classified as lignite A or B according to 
the American Society of Testing and Materials in ASTM D388 (incorporated 
by reference, see Sec.  60.17).
    Natural gas means a fluid mixture of hydrocarbons (e.g., methane, 
ethane, or propane), composed of at least 70 percent methane by volume 
or that has a gross calorific value between 35 and 41 megajoules (MJ) 
per dry standard cubic meter (950 and 1,100 Btu per dry standard cubic 
foot), that maintains a gaseous state under ISO conditions. In addition, 
natural gas contains 20.0 grains or less of total sulfur per 100 
standard cubic feet. Finally, natural gas does not include the following 
gaseous fuels: landfill gas, digester gas, refinery gas, sour gas, blast 
furnace gas, coal-derived gas, producer gas, coke oven gas, or any 
gaseous fuel produced in a process which might result in highly variable 
sulfur content or heating value.
    Neighboring company means any one of those electric utility 
companies with one or more electric power interconnections to the 
principal company and which have geographically adjoining service areas.
    Net-electric output means the gross electric sales to the utility 
power distribution system minus purchased power on a calendar year 
basis.
    Net energy output means the gross energy output minus the parasitic 
load associated with power production. Parasitic load includes, but is 
not limited to, the power required to operate the equipment used for 
fuel delivery systems, air pollution control systems, wastewater 
treatment systems, ash handling and disposal systems, and other controls 
(i.e., pumps, fans, compressors, motors, instrumentation, and other 
ancillary equipment required to operate the affected facility).
    Noncontinental area means the State of Hawaii, the Virgin Islands, 
Guam, American Samoa, the Commonwealth of Puerto Rico, or the Northern 
Mariana Islands.
    Out-of-control period means any period beginning with the quadrant 
corresponding to the completion of a daily calibration error, linearity 
check, or quality assurance audit that indicates that the instrument is 
not measuring and recording within the applicable

[[Page 173]]

performance specifications and ending with the quadrant corresponding to 
the completion of an additional calibration error, linearity check, or 
quality assurance audit following corrective action that demonstrates 
that the instrument is measuring and recording within the applicable 
performance specifications.
    Petroleum for facilities constructed, reconstructed, or modified 
before May 4, 2011, means crude oil or a fuel derived from crude oil, 
including, but not limited to, distillate oil, and residual oil. For 
units constructed, reconstructed, or modified after May 3, 2011, 
petroleum means crude oil or a fuel derived from crude oil, including, 
but not limited to, distillate oil, residual oil, and petroleum coke.
    Petroleum coke, also known as ``petcoke,'' means a carbonization 
product of high-boiling hydrocarbon fractions obtained in petroleum 
processing (heavy residues). Petroleum coke is typically derived from 
oil refinery coker units or other cracking processes.
    Potential combustion concentration means the theoretical emissions 
(nanograms per joule (ng/J), lb/MMBtu heat input) that would result from 
combustion of a fuel in an uncleaned state without emission control 
systems. For sulfur dioxide (SO2) the potential combustion 
concentration is determined under Sec.  60.50Da(c).
    Potential electrical output capacity means 33 percent of the maximum 
design heat input capacity of the steam generating unit, divided by 
3,413 Btu/KWh, divided by 1,000 kWh/MWh, and multiplied by 8,760 hr/yr 
(e.g., a steam generating unit with a 100 MW (340 MMBtu/hr) fossil-fuel 
heat input capacity would have a 289,080 MWh 12 month potential 
electrical output capacity). For electric utility combined cycle gas 
turbines the potential electrical output capacity is determined on the 
basis of the fossil-fuel firing capacity of the steam generator 
exclusive of the heat input and electrical power contribution by the gas 
turbine.
    Resource recovery unit means a facility that combusts more than 75 
percent non-fossil fuel on a quarterly (calendar) heat input basis.
    Solid-derived fuel means any solid, liquid, or gaseous fuel derived 
from solid fuel for the purpose of creating useful heat and includes, 
but is not limited to, solvent refined coal, liquified coal, synthetic 
gas, gasified coal, gasified petroleum coke, gasified biomass, and 
gasified tire derived fuel.
    Steam generating unit for facilities constructed, reconstructed, or 
modified before May 4, 2011, means any furnace, boiler, or other device 
used for combusting fuel for the purpose of producing steam (including 
fossil-fuel-fired steam generators associated with combined cycle gas 
turbines; nuclear steam generators are not included). For units 
constructed, reconstructed, or modified after May 3, 2011, steam 
generating unit means any furnace, boiler, or other device used for 
combusting fuel for the purpose of producing steam (including fossil-
fuel-fired steam generators associated with combined cycle gas turbines; 
nuclear steam generators are not included) plus any integrated 
combustion turbines and fuel cells.
    Subbituminous coal means coal that is classified as subbituminous A, 
B, or C according to the American Society of Testing and Materials in 
ASTM D388 (incorporated by reference, see Sec.  60.17).
    Wet flue gas desulfurization technology or wet FGD means a 
SO2 control system that is located downstream of the steam 
generating unit and removes sulfur oxides from the combustion gases of 
the steam generating unit by contacting the combustion gases with an 
alkaline slurry or solution and forming a liquid material. This 
definition applies to devices where the aqueous liquid material product 
of this contact is subsequently converted to other forms. Alkaline 
reagents used in wet FGD technology include, but are not limited to, 
lime, limestone, and sodium.

[72 FR 32722, June 13, 2007, as amended at 74 FR 5079, Jan. 28, 2009; 77 
FR 9448, Feb. 16, 2012; 77 FR 23402, Apr. 19, 2012; 78 FR 24082, Apr. 
24, 2013]



Sec.  60.42Da  Standards for particulate matter (PM).

    (a) Except as provided in paragraph (f) of this section, on and 
after the date on which the initial performance test is completed or 
required to be completed under Sec.  60.8, whichever date comes first, 
an owner or operator of an affected facility shall not cause to be

[[Page 174]]

discharged into the atmosphere from any affected facility for which 
construction, reconstruction, or modification commenced before March 1, 
2005, any gases that contain PM in excess of 13 ng/J (0.03 lb/MMBtu) 
heat input.
    (b) Except as provided in paragraphs (b)(1) and (b)(2) of this 
section, on and after the date the initial PM performance test is 
completed or required to be completed under Sec.  60.8, whichever date 
comes first, an owner or operator of an affected facility shall not 
cause to be discharged into the atmosphere any gases which exhibit 
greater than 20 percent opacity (6-minute average), except for one 6-
minute period per hour of not more than 27 percent opacity.
    (1) An owner or operator of an affected facility that elects to 
install, calibrate, maintain, and operate a continuous emissions 
monitoring system (CEMS) for measuring PM emissions according to the 
requirements of this subpart is exempt from the opacity standard 
specified in this paragraph (b) of this section.
    (2) An owner or operator of an affected facility that combusts only 
natural gas and/or synthetic natural gas that chemically meets the 
definition of natural gas is exempt from the opacity standard specified 
in paragraph (b) of this section.
    (c) Except as provided in paragraphs (d) and (f) of this section, on 
and after the date on which the initial performance test is completed or 
required to be completed under Sec.  60.8, whichever date comes first, 
no owner or operator of an affected facility that commenced 
construction, reconstruction, or modification after February 28, 2005, 
but before May 4, 2011, shall cause to be discharged into the atmosphere 
from that affected facility any gases that contain PM in excess of 
either:
    (1) 18 ng/J (0.14 lb/MWh) gross energy output; or
    (2) 6.4 ng/J (0.015 lb/MMBtu) heat input derived from the combustion 
of solid, liquid, or gaseous fuel.
    (d) As an alternative to meeting the requirements of paragraph (c) 
of this section, the owner or operator of an affected facility for which 
construction, reconstruction, or modification commenced after February 
28, 2005, but before May 4, 2011, may elect to meet the requirements of 
this paragraph. On and after the date on which the initial performance 
test is completed or required to be completed under Sec.  60.8, 
whichever date comes first, no owner or operator of an affected facility 
shall cause to be discharged into the atmosphere from that affected 
facility any gases that contain PM in excess of:
    (1) 13 ng/J (0.030 lb/MMBtu) heat input derived from the combustion 
of solid, liquid, or gaseous fuel, and
    (2) For an affected facility that commenced construction or 
reconstruction, 0.1 percent of the combustion concentration determined 
according to the procedure in Sec.  60.48Da(o)(5) (99.9 percent 
reduction) when combusting solid, liquid, or gaseous fuel, or
    (3) For an affected facility that commenced modification, 0.2 
percent of the combustion concentration determined according to the 
procedure in Sec.  60.48Da(o)(5) (99.8 percent reduction) when 
combusting solid, liquid, or gaseous fuel.
    (e) Except as provided in paragraph (f) of this section, the owner 
or operator of an affected facility that commenced construction, 
reconstruction, or modification commenced after May 3, 2011, shall meet 
the requirements specified in paragraphs (e)(1) and (2) of this section.
    (1) On and after the date on which the initial performance test is 
completed or required to be completed under Sec.  60.8, whichever date 
comes first, the owner or operator shall not cause to be discharged into 
the atmosphere from that affected facility any gases that contain PM in 
excess of the applicable emissions limit specified in paragraphs 
(e)(1)(i) or (ii) of this section.
    (i) For an affected facility which commenced construction or 
reconstruction:
    (A) 11 ng/J (0.090 lb/MWh) gross energy output; or
    (B) 12 ng/J (0.097 lb/MWh) net energy output.
    (ii) For an affected facility which commenced modification, the 
emission limits specified in paragraphs (c) or (d) of this section.
    (2) During startup periods and shutdown periods, owners or operators 
of facilities subject to subpart UUUUU of part 63 of this chapter shall 
meet the

[[Page 175]]

work practice standards specified in Table 3 to subpart UUUUU of part 63 
and use the relevant definitions in Sec.  63.10042, and owners or 
operators of facilities subject to subpart DDDDD of part 63 shall meet 
the work practice standards specified in Table 3 to subpart DDDDD of 
part 63 and use the relevant definition used in Sec.  63.7575.
    (f) An owner or operator of an affected facility that meets the 
conditions in either paragraphs (f)(1) or (2) of this section is exempt 
from the PM emissions limits in this section.
    (1) The affected facility combusts only gaseous or liquid fuels 
(excluding residual oil) with potential SO2 emissions rates 
of 26 ng/J (0.060 lb/MMBtu) or less, and that does not use a post-
combustion technology to reduce emissions of SO2 or PM.
    (2) The affected facility is operated under a PM commercial 
demonstration permit issued by the Administrator according to the 
provisions of Sec.  60.47Da.

[77 FR 9450, Feb. 16, 2012, as amended at 78 FR 24083, Apr. 24, 2013; 79 
FR 68788, Nov. 19, 2014]



Sec.  60.43Da  Standards for sulfur dioxide (SO2).

    (a) On and after the date on which the initial performance test is 
completed or required to be completed under Sec.  60.8, whichever date 
comes first, no owner or operator subject to the provisions of this 
subpart shall cause to be discharged into the atmosphere from any 
affected facility which combusts solid fuel or solid-derived fuel and 
for which construction, reconstruction, or modification commenced before 
or on February 28, 2005, except as provided under paragraphs (c), (d), 
(f) or (h) of this section, any gases that contain SO2 in 
excess of:
    (1) 520 ng/J (1.20 lb/MMBtu) heat input and 10 percent of the 
potential combustion concentration (90 percent reduction);
    (2) 30 percent of the potential combustion concentration (70 percent 
reduction), when emissions are less than 260 ng/J (0.60 lb/MMBtu) heat 
input;
    (3) 180 ng/J (1.4 lb/MWh) gross energy output; or
    (4) 65 ng/J (0.15 lb/MMBtu) heat input.
    (b) On and after the date on which the initial performance test is 
completed or required to be completed under Sec.  60.8, whichever date 
comes first, no owner or operator subject to the provisions of this 
subpart shall cause to be discharged into the atmosphere from any 
affected facility which combusts liquid or gaseous fuels (except for 
liquid or gaseous fuels derived from solid fuels and as provided under 
paragraphs (e) or (h) of this section) and for which construction, 
reconstruction, or modification commenced before or on February 28, 
2005, any gases that contain SO2 in excess of:
    (1) 340 ng/J (0.80 lb/MMBtu) heat input and 10 percent of the 
potential combustion concentration (90 percent reduction); or
    (2) 100 percent of the potential combustion concentration (zero 
percent reduction) when emissions are less than 86 ng/J (0.20 lb/MMBtu) 
heat input.
    (c) On and after the date on which the initial performance test is 
completed or required to be completed under Sec.  60.8, whichever date 
comes first, no owner or operator subject to the provisions of this 
subpart shall cause to be discharged into the atmosphere from any 
affected facility which combusts solid solvent refined coal (SRC-I) any 
gases that contain SO2 in excess of 520 ng/J (1.20 lb/MMBtu) 
heat input and 15 percent of the potential combustion concentration (85 
percent reduction) except as provided under paragraph (f) of this 
section; compliance with the emission limitation is determined on a 30-
day rolling average basis and compliance with the percent reduction 
requirement is determined on a 24-hour basis.
    (d) Sulfur dioxide emissions are limited to 520 ng/J (1.20 lb/MMBtu) 
heat input from any affected facility which:
    (1) Combusts 100 percent anthracite;
    (2) Is classified as a resource recovery unit; or
    (3) Is located in a noncontinental area and combusts solid fuel or 
solid-derived fuel.
    (e) Sulfur dioxide emissions are limited to 340 ng/J (0.80 lb/MMBtu) 
heat input from any affected facility which is located in a 
noncontinental area and combusts liquid or gaseous fuels (excluding 
solid-derived fuels).

[[Page 176]]

    (f) The SO2 standards under this section do not apply to 
an owner or operator of an affected facility that is operated under an 
SO2 commercial demonstration permit issued by the 
Administrator in accordance with the provisions of Sec.  60.47Da.
    (g) Compliance with the emission limitation and percent reduction 
requirements under this section are both determined on a 30-day rolling 
average basis except as provided under paragraph (c) of this section.
    (h) When different fuels are combusted simultaneously, the 
applicable standard is determined by proration using the following 
formula:
    (1) If emissions of SO2 to the atmosphere are greater 
than 260 ng/J (0.60 lb/MMBtu) heat input
[GRAPHIC] [TIFF OMITTED] TR13JN07.008

    (2) If emissions of SO2 to the atmosphere are equal to or 
less than 260 ng/J (0.60 lb/MMBtu) heat input:
[GRAPHIC] [TIFF OMITTED] TR13JN07.009

Where:

Es = Prorated SO2 emission limit (ng/J heat 
          input);
%Ps = Percentage of potential SO2 emission 
          allowed;
x = Percentage of total heat input derived from the combustion of liquid 
          or gaseous fuels (excluding solid-derived fuels); and
y = Percentage of total heat input derived from the combustion of solid 
          fuel (including solid-derived fuels).

    (i) Except as provided in paragraphs (j) and (k) of this section, on 
and after the date on which the initial performance test is completed or 
required to be completed under Sec.  60.8, whichever date comes first, 
no owner or operator of an affected facility for which construction, 
reconstruction, or modification commenced after February 28, 2005, but 
before May 4, 2011, shall cause to be discharged into the atmosphere 
from that affected facility, any gases that contain SO2 in 
excess of the applicable emissions limit specified in paragraphs (i)(1) 
through (3) of this section.
    (1) For an affected facility which commenced construction, any gases 
that contain SO2 in excess of either:
    (i) 180 ng/J (1.4 lb/MWh) gross energy output; or
    (ii) 5 percent of the potential combustion concentration (95 percent 
reduction).
    (2) For an affected facility which commenced reconstruction, any 
gases that contain SO2 in excess of either:
    (i) 180 ng/J (1.4 lb/MWh) gross energy output;
    (ii) 65 ng/J (0.15 lb/MMBtu) heat input; or
    (iii) 5 percent of the potential combustion concentration (95 
percent reduction).
    (3) For an affected facility which commenced modification, any gases 
that contain SO2 in excess of either:
    (i) 180 ng/J (1.4 lb/MWh) gross energy output;
    (ii) 65 ng/J (0.15 lb/MMBtu) heat input; or
    (iii) 10 percent of the potential combustion concentration (90 
percent reduction).
    (j) On and after the date on which the initial performance test is 
completed or required to be completed under Sec.  60.8, whichever date 
comes first, no owner or operator of an affected facility that commenced 
construction, reconstruction, or modification commenced after February 
28, 2005, and that burns 75 percent or more (by heat input) coal refuse 
on a 12-month rolling average basis, shall caused to be discharged into 
the atmosphere from that affected facility any gases that contain 
SO2 in excess of the applicable emission limitation specified 
in paragraphs (j)(1) through (3) of this section.
    (1) For an affected facility for which construction commenced after 
February 28, 2005, any gases that contain SO2 in excess of 
either:

[[Page 177]]

    (i) 180 ng/J (1.4 lb/MWh) gross energy output on a 30-day rolling 
average basis; or
    (ii) 6 percent of the potential combustion concentration (94 percent 
reduction) on a 30-day rolling average basis.
    (2) For an affected facility for which reconstruction commenced 
after February 28, 2005, any gases that contain SO2 in excess 
of either:
    (i) 180 ng/J (1.4 lb/MWh) gross energy output on a 30-day rolling 
average basis;
    (ii) 65 ng/J (0.15 lb/MMBtu) heat input on a 30-day rolling average 
basis; or
    (iii) 6 percent of the potential combustion concentration (94 
percent reduction) on a 30-day rolling average basis.
    (3) For an affected facility for which modification commenced after 
February 28, 2005, any gases that contain SO2 in excess of 
either:
    (i) 180 ng/J (1.4 lb/MWh) gross energy output on a 30-day rolling 
average basis;
    (ii) 65 ng/J (0.15 lb/MMBtu) heat input on a 30-day rolling average 
basis; or
    (iii) 10 percent of the potential combustion concentration (90 
percent reduction) on a 30-day rolling average basis.
    (k) On and after the date on which the initial performance test is 
completed or required to be completed under Sec.  60.8, whichever date 
comes first, no owner or operator of an affected facility located in a 
noncontinental area for which construction, reconstruction, or 
modification commenced after February 28, 2005, but before May 4, 2011, 
shall cause to be discharged into the atmosphere from that affected 
facility any gases that contain SO2 in excess of the 
applicable emissions limit specified in paragraphs (k)(1) and (2) of 
this section.
    (1) For an affected facility that burns solid or solid-derived fuel, 
the owner or operator shall not cause to be discharged into the 
atmosphere any gases that contain SO2 in excess of 520 ng/J 
(1.2 lb/MMBtu) heat input.
    (2) For an affected facility that burns other than solid or solid-
derived fuel, the owner or operator shall not cause to be discharged 
into the atmosphere any gases that contain SO2 in excess of 
230 ng/J (0.54 lb/MMBtu) heat input.
    (l) Except as provided in paragraphs (j) and (m) of this section, on 
and after the date on which the initial performance test is completed or 
required to be completed under Sec.  60.8, whichever date comes first, 
no owner or operator of an affected facility for which construction, 
reconstruction, or modification commenced after May 3, 2011, shall cause 
to be discharged into the atmosphere from that affected facility, any 
gases that contain SO2 in excess of the applicable emissions 
limit specified in paragraphs (l)(1) and (2) of this section.
    (1) For an affected facility which commenced construction or 
reconstruction, any gases that contain SO2 in excess of 
either:
    (i) 130 ng/J (1.0 lb/MWh) gross energy output; or
    (ii) 140 ng/J (1.2 lb/MWh) net energy output; or
    (iii) 3 percent of the potential combustion concentration (97 
percent reduction).
    (2) For an affected facility which commenced modification, any gases 
that contain SO2 in excess of either:
    (i) 180 ng/J (1.4 lb/MWh) gross energy output; or
    (ii) 10 percent of the potential combustion concentration (90 
percent reduction).
    (m) On and after the date on which the initial performance test is 
completed or required to be completed under Sec.  60.8, whichever date 
comes first, no owner or operator of an affected facility located in a 
noncontinental area for which construction, reconstruction, or 
modification commenced after May 3, 2011, shall cause to be discharged 
into the atmosphere from that affected facility any gases that contain 
SO2 in excess of the applicable emissions limit specified in 
paragraphs (m)(1) and (2) of this section.
    (1) For an affected facility that burns solid or solid-derived fuel, 
the owner or operator shall not cause to be discharged into the 
atmosphere any gases that contain SO2 in excess of 520 ng/J 
(1.2 lb/MMBtu) heat input.
    (2) For an affected facility that burns other than solid or solid-
derived fuel, the owner or operator shall not cause to be discharged 
into the atmosphere

[[Page 178]]

any gases that contain SO2 in excess of 230 ng/J (0.54 lb/
MMBtu) heat input.

[72 FR 32722, June 13, 2007, as amended at 77 FR 9450, Feb. 16, 2012]



Sec.  60.44Da  Standards for nitrogen oxides (NO2).

    (a) Except as provided in paragraph (h) of this section, on and 
after the date on which the initial performance test is completed or 
required to be completed under Sec.  60.8, whichever date comes first, 
no owner or operator subject to the provisions of this subpart shall 
cause to be discharged into the atmosphere from any affected facility 
for which construction, reconstruction, or modification commenced before 
July 10, 1997 any gases that contain NOX (expressed as 
NO2) in excess of the applicable emissions limit in 
paragraphs (a)(1) and (2) of this section.
    (1) The owner or operator shall not cause to be discharged into the 
atmosphere any gases that contain NOX in excess of the 
emissions limit listed in the following table as applicable to the fuel 
type combusted and as determined on a 30-boiler operating day rolling 
average basis.

------------------------------------------------------------------------
                                                 Emission limit for heat
                                                          input
                   Fuel type                   -------------------------
                                                    ng/J       lb/MMBtu
------------------------------------------------------------------------
Gaseous fuels:
    Coal-derived fuels........................          210         0.50
    All other fuels...........................           86         0.20
Liquid fuels:
    Coal-derived fuels........................          210         0.50
    Shale oil.................................          210         0.50
    All other fuels...........................          130         0.30
Solid fuels:
    Coal-derived fuels........................          210         0.50
    Any fuel containing more than 25%, by             (\1\)        (\1\)
     weight, coal refuse......................
Any fuel containing more than 25%, by weight,           340         0.80
 lignite if the lignite is mined in North
 Dakota, South Dakota, or Montana, and is
 combusted in a slag tap furnace \2\..........
Any fuel containing more than 25%, by weight,           260         0.60
 lignite not subject to the 340 ng/J heat
 input emission limit \2\.....................
Subbituminous coal............................          210         0.50
Bituminous coal...............................          260         0.60
Anthracite coal...............................          260         0.60
All other fuels...............................          260         0.60
------------------------------------------------------------------------
\1\ Exempt from NOX standards and NOX monitoring requirements.
\2\ Any fuel containing less than 25%, by weight, lignite is not
  prorated but its percentage is added to the percentage of the
  predominant fuel.

    (2) When two or more fuels are combusted simultaneously in an 
affected facility, the applicable emissions limit (En) is 
determined by proration using the following formula:
[GRAPHIC] [TIFF OMITTED] TR16FE12.019

Where:

En = Applicable NOX emissions limit when multiple fuels are 
          combusted simultaneously (ng/J heat input);
w = Percentage of total heat input derived from the combustion of fuels 
          subject to the 86 ng/J heat input standard;
x = Percentage of total heat input derived from the combustion of fuels 
          subject to the 130 ng/J heat input standard;
y = Percentage of total heat input derived from the combustion of fuels 
          subject to the 210 ng/J heat input standard;
z = Percentage of total heat input derived from the combustion of fuels 
          subject to the 260 ng/J heat input standard; and
v = Percentage of total heat input delivered from the combustion of 
          fuels subject to the 340 ng/J heat input standard.

    (b)-(c) [Reserved]

[[Page 179]]

    (d) Except as provided in paragraph (h) of this section, on and 
after the date on which the initial performance test is completed or 
required to be completed under Sec.  60.8, whichever date comes first, 
no owner or operator of an affected facility that commenced 
construction, reconstruction, or modification after July 9, 1997, but 
before March 1, 2005, shall cause to be discharged into the atmosphere 
from that affected facility any gases that contain NOX 
(expressed as NO2) in excess of the applicable emissions 
limit specified in paragraphs (d)(1) and (2) of this section as 
determined on a 30-boiler operating day rolling average basis.
    (1) For an affected facility which commenced construction, any gases 
that contain NOX in excess of 200 ng/J (1.6 lb/MWh) gross 
energy output.
    (2) For an affected facility which commenced reconstruction, any 
gases that contain NOX in excess of 65 ng/J (0.15 lb/MMBtu) 
heat input.
    (e) Except as provided in paragraphs (f) and (h) of this section, on 
and after the date on which the initial performance test is completed or 
required to be completed under Sec.  60.8, whichever date comes first, 
no owner or operator of an affected facility that commenced 
construction, reconstruction, or modification after February 28, 2005 
but before May 4, 2011, shall cause to be discharged into the atmosphere 
from that affected facility any gases that contain NOX 
(expressed as NO2) in excess of the applicable emissions 
limit specified in paragraphs (e)(1) through (3) of this section as 
determined on a 30-boiler operating day rolling average basis.
    (1) For an affected facility which commenced construction, any gases 
that contain NOX in excess of 130 ng/J (1.0 lb/MWh) gross 
energy output.
    (2) For an affected facility which commenced reconstruction, any 
gases that contain NOX in excess of either:
    (i) 130 ng/J (1.0 lb/MWh) gross energy output; or
    (ii) 47 ng/J (0.11 lb/MMBtu) heat input.
    (3) For an affected facility which commenced modification, any gases 
that contain NOX in excess of either:
    (i) 180 ng/J (1.4 lb/MWh) gross energy output; or
    (ii) 65 ng/J (0.15 lb/MMBtu) heat input.
    (f) On and after the date on which the initial performance test is 
completed or required to be completed under Sec.  60.8, whichever date 
comes first, the owner or operator of an IGCC electric utility steam 
generating unit subject to the provisions of this subpart and for which 
construction, reconstruction, or modification commenced after February 
28, 2005 but before May 4, 2011, shall meet the requirements specified 
in paragraphs (f)(1) through (3) of this section.
    (1) Except as provided for in paragraphs (f)(2) and (3) of this 
section, the owner or operator shall not cause to be discharged into the 
atmosphere any gases that contain NOX (expressed as 
NO2) in excess of 130 ng/J (1.0 lb/MWh) gross energy output.
    (2) When burning liquid fuel exclusively or in combination with 
solid-derived fuel such that the liquid fuel contributes 50 percent or 
more of the total heat input to the combined cycle combustion turbine, 
the owner or operator shall not cause to be discharged into the 
atmosphere any gases that contain NOX (expressed as 
NO2) in excess of 190 ng/J (1.5 lb/MWh) gross energy output.
    (3) In cases when during a 30-boiler operating day rolling average 
compliance period liquid fuel is burned in such a manner to meet the 
conditions in paragraph (f)(2) of this section for only a portion of the 
clock hours in the 30-day compliance period, the owner or operator shall 
not cause to be discharged into the atmosphere any gases that contain 
NOX (expressed as NO2) in excess of the computed 
weighted-average emissions limit based on the proportion of gross energy 
output (in MWh) generated during the compliance period for each of 
emissions limits in paragraphs (f)(1) and (2) of this section.
    (g) Except as provided in paragraphs (h) of this section and Sec.  
60.45Da, on and after the date on which the initial performance test is 
completed or required to be completed under Sec.  60.8, whichever date 
comes first, no owner or operator of an affected facility that commenced 
construction, reconstruction, or modification after May 3, 2011, shall 
cause to be discharged into the atmosphere from that affected facility 
any gases

[[Page 180]]

that contain NOX (expressed as NO2) in excess of 
the applicable emissions limit specified in paragraphs (g)(1) through 
(3) of this section.
    (1) For an affected facility which commenced construction or 
reconstruction, any gases that contain NOX in excess of 
either:
    (i) 88 ng/J (0.70 lb/MWh) gross energy output; or
    (ii) 95 ng/J (0.76 lb/MWh) net energy output.
    (2) For an affected facility which commenced construction or 
reconstruction and that burns 75 percent or more coal refuse (by heat 
input) on a 12-month rolling average basis, any gases that contain 
NOX in excess of either:
    (i) 110 ng/J (0.85 lb/MWh) gross energy output; or
    (ii) 120 ng/J (0.92 lb/MWh) net energy output.
    (3) For an affected facility which commenced modification, any gases 
that contain NOX in excess of 140 ng/J (1.1 lb/MWh) gross 
energy output.
    (h) The NOX emissions limits under this section do not 
apply to an owner or operator of an affected facility which is operating 
under a commercial demonstration permit issued by the Administrator in 
accordance with the provisions of Sec.  60.47Da.

[77 FR 9451, Feb. 16, 2012]



Sec.  60.45Da  Alternative standards for combined nitrogen oxides
(NOX) and carbon monoxide (CO).

    (a) The owner or operator of an affected facility that commenced 
construction, reconstruction, or modification after May 3, 2011 as 
alternate to meeting the applicable NOX emissions limits 
specified in Sec.  60.44Da may elect to meet the applicable standards 
for combined NOX and CO specified in paragraph (b) of this 
section.
    (b) On and after the date on which the initial performance test is 
completed or required to be completed under Sec.  60.8 no owner or 
operator of an affected facility that commenced construction, 
reconstruction, or modification after May 3, 2011, shall cause to be 
discharged into the atmosphere from that affected facility any gases 
that contain NOX (expressed as NO2) plus CO in 
excess of the applicable emissions limit specified in paragraphs (b)(1) 
through (3) of this section as determined on a 30-boiler operating day 
rolling average basis.
    (1) For an affected facility which commenced construction or 
reconstruction, any gases that contain NOX plus CO in excess 
of either:
    (i) 140 ng/J (1.1 lb/MWh) gross energy output; or
    (ii) 150 ng/J (1.2 lb/MWh) net energy output.
    (2) For an affected facility which commenced construction or 
reconstruction and that burns 75 percent or more coal refuse (by heat 
input) on a 12-month rolling average basis, any gases that contain 
NOX plus CO in excess of either:
    (i) 160 ng/J (1.3 lb/MWh) gross energy output; or
    (ii) 170 ng/J (1.4 lb/MWh) net energy output.
    (3) For an affected facility which commenced modification, any gases 
that contain NOX plus CO in excess of 190 ng/J (1.5 lb/MWh) 
gross energy output.

[77 FR 9453, Feb. 16, 2012]



Sec.  60.46Da  [Reserved]



Sec.  60.47Da  Commercial demonstration permit.

    (a) An owner or operator of an affected facility proposing to 
demonstrate an emerging technology may apply to the Administrator for a 
commercial demonstration permit. The Administrator will issue a 
commercial demonstration permit in accordance with paragraph (e) of this 
section. Commercial demonstration permits may be issued only by the 
Administrator, and this authority will not be delegated.
    (b) An owner or operator of an affected facility that combusts solid 
solvent refined coal (SRC-I) and who is issued a commercial 
demonstration permit by the Administrator is not subject to the 
SO2 emission reduction requirements under Sec.  60.43Da(c) 
but must, as a minimum, reduce SO2 emissions to 20 percent of 
the potential combustion concentration (80 percent reduction) for each 
24-hour period of steam generator operation and to less

[[Page 181]]

than 520 ng/J (1.20 lb/MMBtu) heat input on a 30-day rolling average 
basis.
    (c) An owner or operator of an affected facility that uses fluidized 
bed combustion (atmospheric or pressurized) and who is issued a 
commercial demonstration permit by the Administrator is not subject to 
the SO2 emission reduction requirements under Sec.  
60.43Da(a) but must, as a minimum, reduce SO2 emissions to 15 
percent of the potential combustion concentration (85 percent reduction) 
on a 30-day rolling average basis and to less than 520 ng/J (1.20 lb/
MMBtu) heat input on a 30-day rolling average basis.
    (d) The owner or operator of an affected facility that combusts 
coal-derived liquid fuel and who is issued a commercial demonstration 
permit by the Administrator is not subject to the applicable 
NOX emission limitation and percent reduction under Sec.  
60.44Da(a) but must, as a minimum, reduce emissions to less than 300 ng/
J (0.70 lb/MMBtu) heat input on a 30-day rolling average basis.
    (e) Commercial demonstration permits may not exceed the following 
equivalent MW electrical generation capacity for any one technology 
category, and the total equivalent MW electrical generation capacity for 
all commercial demonstration plants may not exceed 15,000 MW.

------------------------------------------------------------------------
                                                          Equivalent
                                                          electrical
           Technology                  Pollutant         capacity (MW
                                                      electrical output)
------------------------------------------------------------------------
Solid solvent refined coal (SCR   SO2...............  6,000-10,000
 I).
Fluidized bed combustion          SO2...............  400-3,000
 (atmospheric).
Fluidized bed combustion          SO2...............  400-1,200
 (pressurized).
Coal liquification..............  NOX...............  750-10,000
                                 ---------------------------------------
    Total allowable for all       ..................  15,000
     technologies.
------------------------------------------------------------------------

    (f) An owner or operator of an affected facility that uses a 
pressurized fluidized bed or a multi-pollutant emissions controls system 
who is issued a commercial demonstration permit by the Administrator is 
not subject to the total PM emission reduction requirements under Sec.  
60.42Da but must, as a minimum, reduce PM emissions to less than 6.4 ng/
J (0.015 lb/MMBtu) heat input.
    (g) An owner or operator of an affected facility that uses a 
pressurized fluidized bed or a multi-pollutant emissions controls system 
who is issued a commercial demonstration permit by the Administrator is 
not subject to the SO2 standards or emission reduction 
requirements under Sec.  60.43Da but must, as a minimum, reduce 
SO2 emissions to 5 percent of the potential combustion 
concentration (95 percent reduction) or to less than 180 ng/J (1.4 lb/
MWh) gross energy output on a 30-boiler operating day rolling average 
basis.
    (h) An owner or operator of an affected facility that uses a 
pressurized fluidized bed or a multi-pollutant emissions control system 
or advanced combustion controls who is issued a commercial demonstration 
permit by the Administrator is not subject to the NOX 
standards or emission reduction requirements under Sec.  60.44Da but 
must, as a minimum, reduce NOX emissions to less than 130 ng/
J (1.0 lb/MWh) or the combined NOX plus CO emissions to less 
than 180 ng/J (1.4 lb/MWh) gross energy output on a 30-boiler operating 
day rolling average basis.
    (i) Commercial demonstration permits may not exceed the following 
equivalent MW electrical generation capacity for any one technology 
category listed in the following table.

------------------------------------------------------------------------
                                                          Equivalent
                                                          electrical
           Technology                  Pollutant         capacity (MW
                                                      electrical output)
------------------------------------------------------------------------
Multi-pollutant Emission Control  SO2...............  1,000
Multi-pollutant Emission Control  NOX...............  1,000
Multi-pollutant Emission Control  PM................  1,000
Pressurized Fluidized Bed         SO2...............  1,000
 Combustion.
Pressurized Fluidized Bed         NOX...............  1,000
 Combustion.
Pressurized Fluidized Bed         PM................  1,000
 Combustion.

[[Page 182]]

 
Advanced Combustion Controls....  NOX...............  1,000
------------------------------------------------------------------------


[72 FR 32722, June 13, 2007, as amended at 77 FR 9450, Feb. 16, 2012]



Sec.  60.48Da  Compliance provisions.

    (a) For affected facilities for which construction, modification, or 
reconstruction commenced before May 4, 2011, the applicable PM emissions 
limit and opacity standard under Sec.  60.42Da, SO2 emissions 
limit under Sec.  60.43Da, and NOX emissions limit under 
Sec.  60.44Da apply at all times except during periods of startup, 
shutdown, or malfunction. For affected facilities for which 
construction, modification, or reconstruction commenced after May 3, 
2011, the applicable SO2 emissions limit under Sec.  60.43Da, 
NOX emissions limit under Sec.  60.44Da, and NOX 
plus CO emissions limit under Sec.  60.45Da apply at all times. The 
applicable PM emissions limit and opacity standard under Sec.  60.42Da 
apply at all times except during periods of startup and shutdown.
    (b) After the initial performance test required under Sec.  60.8, 
compliance with the applicable SO2 emissions limit and 
percentage reduction requirements under Sec.  60.43Da, NOX 
emissions limit under Sec.  60.44Da, and NOX plus CO 
emissions limit under Sec.  60.45Da is based on the average emission 
rate for 30 successive boiler operating days. A separate performance 
test is completed at the end of each boiler operating day after the 
initial performance test, and a new 30-boiler operating day rolling 
average emission rate for both SO2, NOX or 
NOX plus CO as applicable, and a new percent reduction for 
SO2 are calculated to demonstrate compliance with the 
standards.
    (c) For the initial performance test required under Sec.  60.8, 
compliance with the applicable SO2 emissions limits and 
percentage reduction requirements under Sec.  60.43Da, the 
NOX emissions limits under Sec.  60.44Da, and the 
NOX plus CO emissions limits under Sec.  60.45Da is based on 
the average emission rates for SO2, NOX, CO, and 
percent reduction for SO2 for the first 30 successive boiler 
operating days. The initial performance test is the only test in which 
at least 30 days prior notice is required unless otherwise specified by 
the Administrator. The initial performance test is to be scheduled so 
that the first boiler operating day of the 30 successive boiler 
operating days is completed within 60 days after achieving the maximum 
production rate at which the affected facility will be operated, but not 
later than 180 days after initial startup of the facility.
    (d) For affected facilities for which construction, modification, or 
reconstruction commenced before May 4, 2011, compliance with applicable 
30-boiler operating day rolling average SO2 and 
NOX emissions limits is determined by calculating the 
arithmetic average of all hourly emission rates for SO2 and 
NOX for the 30 successive boiler operating days, except for 
data obtained during startup, shutdown, or malfunction. For affected 
facilities for which construction, modification, or reconstruction 
commenced after May 3, 2011, compliance with applicable 30-boiler 
operating day rolling average SO2 and NOX 
emissions limits is determined by dividing the sum of the SO2 
and NOX emissions for the 30 successive boiler operating days 
by the sum of the gross energy output or net energy output, as 
applicable, for the 30 successive boiler operating days.
    (e) For affected facilities for which construction, modification, or 
reconstruction commenced before May 4, 2011, compliance with applicable 
SO2 percentage reduction requirements is determined based on 
the average inlet and outlet SO2 emission rates for the 30 
successive boiler operating days. For affected facilities for which 
construction, modification, or reconstruction commenced after May 3, 
2011, compliance with applicable SO2 percentage reduction 
requirements is determined based on the ``as fired'' total potential 
emissions and the total outlet SO2 emissions for the 30 
successive boiler operating days.

[[Page 183]]

    (f) For affected facilities for which construction, modification, or 
reconstruction commenced before May 4, 2011, compliance with the 
applicable daily average PM emissions limit is determined by calculating 
the arithmetic average of all hourly emission rates each boiler 
operating day, except for data obtained during startup, shutdown, or 
malfunction periods. Daily averages are only calculated for boiler 
operating days that have non-out-of-control data for at least 18 hours 
of unit operation during which the standard applies. Instead, all of the 
non-out-of-control hourly emission rates of the operating day(s) not 
meeting the minimum 18 hours non-out-of-control data daily average 
requirement are averaged with all of the non-out-of-control hourly 
emission rates of the next boiler operating day with 18 hours or more of 
non-out-of-control PM CEMS data to determine compliance. For affected 
facilities for which construction or reconstruction commenced after May 
3, 2011 that elect to demonstrate compliance using PM CEMS, compliance 
with the applicable PM emissions limit in Sec.  60.42Da is determined on 
a 30-boiler operating day rolling average basis by calculating the 
arithmetic average of all hourly PM emission rates for the 30 successive 
boiler operating days, except for data obtained during periods of 
startup and shutdown.
    (g) For affected facilities for which construction, modification, or 
reconstruction commenced after May 3, 2011, compliance with applicable 
30-boiler operating day rolling average NOX plus CO emissions 
limit is determined by dividing the sum of the NOX plus CO 
emissions for the 30 successive boiler operating days by the sum of the 
gross energy output or net energy output, as applicable, for the 30 
successive boiler operating days.
    (h) If an owner or operator has not obtained the minimum quantity of 
emission data as required under Sec.  60.49Da of this subpart, 
compliance of the affected facility with the emission requirements under 
Sec. Sec.  60.43Da and 60.44Da of this subpart for the day on which the 
30-day period ends may be determined by the Administrator by following 
the applicable procedures in section 7 of Method 19 of appendix A of 
this part.
    (i) Compliance provisions for sources subject to Sec.  
60.44Da(d)(1), (e)(1), (e)(2)(i), (e)(3)(i), (f), or (g). The owner or 
operator shall calculate NOX emissions as 1.194 x 
10-7 lb/scf-ppm times the average hourly NOX 
output concentration in ppm (measured according to the provisions of 
Sec.  60.49Da(c)), times the average hourly flow rate (measured in scfh, 
according to the provisions of Sec.  60.49Da(l) or Sec.  60.49Da(m)), 
divided by the average hourly gross energy output (measured according to 
the provisions of Sec.  60.49Da(k)) or the average hourly net energy 
output, as applicable. Alternatively, for oil-fired and gas-fired units, 
NOX emissions may be calculated by multiplying the hourly 
NOX emission rate in lb/MMBtu (measured by the CEMS required 
under Sec.  60.49Da(c) and (d)), by the hourly heat input rate (measured 
according to the provisions of Sec.  60.49Da(n)), and dividing the 
result by the average gross energy output (measured according to the 
provisions of Sec.  60.49Da(k)) or the average hourly net energy output, 
as applicable.
    (j) Compliance provisions for duct burners subject to Sec.  
60.44Da(a)(1). To determine compliance with the emissions limits for 
NOX required by Sec.  60.44Da(a) for duct burners used in 
combined cycle systems, either of the procedures described in paragraph 
(j)(1) or (2) of this section may be used:
    (1) The owner or operator of an affected duct burner shall conduct 
the performance test required under Sec.  60.8 using the appropriate 
methods in appendix A of this part. Compliance with the emissions limits 
under Sec.  60.44Da(a)(1) is determined on the average of three (nominal 
1-hour) runs for the initial and subsequent performance tests. During 
the performance test, one sampling site shall be located in the exhaust 
of the turbine prior to the duct burner. A second sampling site shall be 
located at the outlet from the heat recovery steam generating unit. 
Measurements shall be taken at both sampling sites during the 
performance test; or
    (2) The owner or operator of an affected duct burner may elect to 
determine compliance by using the CEMS specified under Sec.  60.49Da for 
measuring

[[Page 184]]

NOX and oxygen (O2) (or carbon dioxide 
(CO2)) and meet the requirements of Sec.  60.49Da. 
Alternatively, data from a NOX emission rate (i.e., 
NOX-diluent) CEMS certified according to the provisions of 
Sec.  75.20(c) of this chapter and appendix A to part 75 of this 
chapter, and meeting the quality assurance requirements of Sec.  75.21 
of this chapter and appendix B to part 75 of this chapter, may be used, 
with the following caveats. Data used to meet the requirements of Sec.  
60.51Da shall not include substitute data values derived from the 
missing data procedures in subpart D of part 75 of this chapter, nor 
shall the data have been bias adjusted according to the procedures of 
part 75 of this chapter. The sampling site shall be located at the 
outlet from the steam generating unit. The NOX emission rate 
at the outlet from the steam generating unit shall constitute the 
NOX emission rate from the duct burner of the combined cycle 
system.
    (k) Compliance provisions for duct burners subject to Sec.  
60.44Da(d)(1) or (e)(1). To determine compliance with the emission 
limitation for NOX required by Sec.  60.44Da(d)(1) or (e)(1) 
for duct burners used in combined cycle systems, either of the 
procedures described in paragraphs (k)(1) and (2) of this section may be 
used:
    (1) The owner or operator of an affected duct burner used in 
combined cycle systems shall determine compliance with the applicable 
NOX emission limitation in Sec.  60.44Da(d)(1) or (e)(1) as 
follows:
    (i) The emission rate (E) of NOX shall be computed using 
Equation 2 in this section:
[GRAPHIC] [TIFF OMITTED] TR16FE12.000

Where:

E = Emission rate of NOX from the duct burner, ng/J (lb/MWh) 
          gross energy output;
Csg = Average hourly concentration of NOX exiting 
          the steam generating unit, ng/dscm (lb/dscf);
Cte = Average hourly concentration of NOX in the 
          turbine exhaust upstream from duct burner, ng/dscm (lb/dscf);
Qsg = Average hourly volumetric flow rate of exhaust gas from 
          steam generating unit, dscm/h (dscf/h);
Qte = Average hourly volumetric flow rate of exhaust gas from 
          combustion turbine, dscm/h (dscf/h);
Osg = Average hourly gross energy output from steam 
          generating unit, J/h (MW); and
h = Average hourly fraction of the total heat input to the steam 
          generating unit derived from the combustion of fuel in the 
          affected duct burner.

    (ii) Method 7E of appendix A of this part shall be used to determine 
the NOX concentrations (Csg and Cte). 
Method 2, 2F or 2G of appendix A of this part, as appropriate, shall be 
used to determine the volumetric flow rates (Qsg and 
Qte) of the exhaust gases. The volumetric flow rate 
measurements shall be taken at the same time as the concentration 
measurements.
    (iii) The owner or operator shall develop, demonstrate, and provide 
information satisfactory to the Administrator to determine the average 
hourly gross energy output from the steam generating unit, and the 
average hourly percentage of the total heat input to the steam 
generating unit derived from the combustion of fuel in the affected duct 
burner.
    (iv) Compliance with the applicable NOX emission 
limitation in Sec.  60.44Da(d)(1) or (e)(1) is determined by the three-
run average (nominal 1-hour runs) for the initial and subsequent 
performance tests.
    (2) The owner or operator of an affected duct burner used in a 
combined cycle system may elect to determine compliance with the 
applicable NOX emission limitation in Sec.  60.44Da(d)(1) or 
(e)(1) on a 30-day rolling average basis as indicated in paragraphs 
(k)(2)(i) through (iv) of this section.
    (i) The emission rate (E) of NOX shall be computed using 
Equation 3 in this section:

[[Page 185]]

[GRAPHIC] [TIFF OMITTED] TR16FE12.001

Where:

E = Emission rate of NOX from the duct burner, ng/J (lb/MWh) 
          gross energy output;
Csg = Average hourly concentration of NOX exiting 
          the steam generating unit, ng/dscm (lb/dscf);
Qsg = Average hourly volumetric flow rate of exhaust gas from 
          steam generating unit, dscm/h (dscf/h); and
Occ = Average hourly gross energy output from entire combined 
          cycle unit, J/h (MW).

    (ii) The CEMS specified under Sec.  60.49Da for measuring 
NOX and O2 (or CO2) shall be used to 
determine the average hourly NOX concentrations 
(Csg). The continuous flow monitoring system specified in 
Sec.  60.49Da(l) or Sec.  60.49Da(m) shall be used to determine the 
volumetric flow rate (Qsg) of the exhaust gas. If the option 
to use the flow monitoring system in Sec.  60.49Da(m) is selected, the 
flow rate data used to meet the requirements of Sec.  60.51Da shall not 
include substitute data values derived from the missing data procedures 
in subpart D of part 75 of this chapter, nor shall the data have been 
bias adjusted according to the procedures of part 75 of this chapter. 
The sampling site shall be located at the outlet from the steam 
generating unit.
    (iii) The continuous monitoring system specified under Sec.  
60.49Da(k) for measuring and determining gross energy output shall be 
used to determine the average hourly gross energy output from the entire 
combined cycle unit (Occ), which is the combined output from 
the combustion turbine and the steam generating unit.
    (iv) The owner or operator may, in lieu of installing, operating, 
and recording data from the continuous flow monitoring system specified 
in Sec.  60.49Da(l), determine the mass rate (lb/h) of NOX 
emissions by installing, operating, and maintaining continuous fuel 
flowmeters following the appropriate measurements procedures specified 
in appendix D of part 75 of this chapter. If this compliance option is 
selected, the emission rate (E) of NOX shall be computed 
using Equation 4 in this section:
[GRAPHIC] [TIFF OMITTED] TR16FE12.002

Where:

E = Emission rate of NOX from the duct burner, ng/J (lb/MWh) 
          gross energy output;
ERsg = Average hourly emission rate of NOX exiting 
          the steam generating unit heat input calculated using 
          appropriate F factor as described in Method 19 of appendix A 
          of this part, ng/J (lb/MMBtu);
Hcc = Average hourly heat input rate of entire combined cycle 
          unit, J/h (MMBtu/h); and
Occ = Average hourly gross energy output from entire combined 
          cycle unit, J/h (MW).

    (3) When an affected duct burner steam generating unit utilizes a 
common steam turbine with one or more affected duct burner steam 
generating units, the owner or operator shall either:
    (i) Determine compliance with the applicable NOX 
emissions limits by measuring the emissions combined with the emissions 
from the other unit(s) utilizing the common steam turbine; or
    (ii) Develop, demonstrate, and provide information satisfactory to 
the Administrator on methods for apportioning the combined gross energy 
output from the steam turbine for each of the affected duct burners. The 
Administrator may approve such demonstrated substitute methods for 
apportioning the combined gross energy output measured at the steam 
turbine

[[Page 186]]

whenever the demonstration ensures accurate estimation of emissions 
regulated under this part.
    (l) [Reserved]
    (m) Compliance provisions for sources subject to Sec.  
60.43Da(i)(1)(i), (i)(2)(i), (i)(3)(i), (j)(1)(i), (j)(2)(i), (j)(3)(i), 
(l)(1)(i), (l)(1)(ii), or (l)(2). The owner or operator shall calculate 
SO2 emissions as 1.660 x 10-7 lb/scf-ppm times the 
average hourly SO2 output concentration in ppm (measured 
according to the provisions of Sec.  60.49Da(b)), times the average 
hourly flow rate (measured according to the provisions of Sec.  
60.49Da(l) or Sec.  60.49Da(m)), divided by the average hourly gross 
energy output (measured according to the provisions of Sec.  60.49Da(k)) 
or the average hourly net energy output, as applicable. Alternatively, 
for oil-fired and gas-fired units, SO2 emissions may be 
calculated by multiplying the hourly SO2 emission rate (in 
lb/MMBtu), measured by the CEMS required under Sec.  60.49Da, by the 
hourly heat input rate (measured according to the provisions of Sec.  
60.49Da(n)), and dividing the result by the average gross energy output 
(measured according to the provisions of Sec.  60.49Da(k)) or the 
average hourly net energy output, as applicable.
    (n) Compliance provisions for sources subject to Sec.  60.42Da(c)(1) 
or (e)(1)(i). The owner or operator shall calculate PM emissions by 
multiplying the average hourly PM output concentration (measured 
according to the provisions of Sec.  60.49Da(t)), by the average hourly 
flow rate (measured according to the provisions of Sec.  60.49Da(l) or 
Sec.  60.49Da(m)), and dividing by the average hourly gross energy 
output (measured according to the provisions of Sec.  60.49Da(k)) or the 
average hourly net energy output, as applicable.
    (o) Compliance provisions for sources subject to Sec.  
60.42Da(c)(2), (d), or (e)(1)(ii). Except as provided for in paragraph 
(p) of this section, the owner or operator must demonstrate compliance 
with each applicable emissions limit according to the requirements in 
paragraphs (o)(1) through (o)(5) of this section.
    (1) You must conduct a performance test to demonstrate initial 
compliance with the applicable PM emissions limit in Sec.  60.42Da by 
the applicable date specified in Sec.  60.8(a). Thereafter, you must 
conduct each subsequent performance test within 12 calendar months 
following the date the previous performance test was required to be 
conducted. You must conduct each performance test according to the 
requirements in Sec.  60.8 using the test methods and procedures in 
Sec.  60.50Da. The owner or operator of an affected facility that has 
not operated for 60 consecutive calendar days prior to the date that the 
subsequent performance test would have been required had the unit been 
operating is not required to perform the subsequent performance test 
until 30 calendar days after the next boiler operating day. Requests for 
additional 30 day extensions shall be granted by the relevant air 
division or office director of the appropriate Regional Office of the 
U.S. EPA.
    (2) You must monitor the performance of each electrostatic 
precipitator or fabric filter (baghouse) operated to comply with the 
applicable PM emissions limit in Sec.  60.42Da using a continuous 
opacity monitoring system (COMS) according to the requirements in 
paragraphs (o)(2)(i) through (vi) unless you elect to comply with one of 
the alternatives provided in paragraphs (o)(3) and (o)(4) of this 
section, as applicable to your control device.
    (i) Each COMS must meet Performance Specification 1 in 40 CFR part 
60, appendix B.
    (ii) You must comply with the quality assurance requirements in 
paragraphs (o)(2)(ii)(A) through (E) of this section.
    (A) You must automatically (intrinsic to the opacity monitor) check 
the zero and upscale (span) calibration drifts at least once daily. For 
a particular COMS, the acceptable range of zero and upscale calibration 
materials is as defined in the applicable version of Performance 
Specification 1 in 40 CFR part 60, appendix B.
    (B) You must adjust the zero and span whenever the 24-hour zero 
drift or 24-hour span drift exceeds 4 percent opacity. The COMS must 
allow for the amount of excess zero and span drift measured at the 24-
hour interval checks to be recorded and quantified.

[[Page 187]]

The optical surfaces exposed to the effluent gases must be cleaned prior 
to performing the zero and span drift adjustments, except for systems 
using automatic zero adjustments. For systems using automatic zero 
adjustments, the optical surfaces must be cleaned when the cumulative 
automatic zero compensation exceeds 4 percent opacity.
    (C) You must apply a method for producing a simulated zero opacity 
condition and an upscale (span) opacity condition using a certified 
neutral density filter or other related technique to produce a known 
obscuration of the light beam. All procedures applied must provide a 
system check of the analyzer internal optical surfaces and all 
electronic circuitry including the lamp and photodetector assembly.
    (D) Except during periods of system breakdowns, repairs, calibration 
checks, and zero and span adjustments, the COMS must be in continuous 
operation and must complete a minimum of one cycle of sampling and 
analyzing for each successive 10 second period and one cycle of data 
recording for each successive 6-minute period.
    (E) You must reduce all data from the COMS to 6-minute averages. 
Six-minute opacity averages must be calculated from 36 or more data 
points equally spaced over each 6-minute period. Data recorded during 
periods of system breakdowns, repairs, calibration checks, and zero and 
span adjustments must not be included in the data averages. An 
arithmetic or integrated average of all data may be used.
    (iii) During each performance test conducted according to paragraph 
(o)(1) of this section, you must establish an opacity baseline level. 
The value of the opacity baseline level is determined by averaging all 
of the 6-minute average opacity values (reported to the nearest 0.1 
percent opacity) from the COMS measurements recorded during each of the 
test run intervals conducted for the performance test, and then adding 
2.5 percent opacity to your calculated average opacity value for all of 
the test runs. If your opacity baseline level is less than 5.0 percent, 
then the opacity baseline level is set at 5.0 percent.
    (iv) You must evaluate the preceding 24-hour average opacity level 
measured by the COMS each boiler operating day excluding periods of 
affected facility startup, shutdown, or malfunction. If the measured 24-
hour average opacity emission level is greater than the baseline opacity 
level determined in paragraph (o)(2)(iii) of this section, you must 
initiate investigation of the relevant equipment and control systems 
within 24 hours of the first discovery of the high opacity incident and 
take the appropriate corrective action as soon as practicable to adjust 
control settings or repair equipment to reduce the measured 24-hour 
average opacity to a level below the baseline opacity level. In cases 
when a wet scrubber is used in combination with another PM control 
device that serves as the primary PM control device, the wet scrubber 
must be maintained and operated.
    (v) You must record the opacity measurements, calculations 
performed, and any corrective actions taken. The record of corrective 
action taken must include the date and time during which the measured 
24-hour average opacity was greater than baseline opacity level, and the 
date, time, and description of the corrective action.
    (vi) If the measured 24-hour average opacity for your affected 
facility remains at a level greater than the opacity baseline level 
after 7 boiler operating days, then you must conduct a new PM 
performance test according to paragraph (o)(1) of this section and 
establish a new opacity baseline value according to paragraph (o)(2) of 
this section. This new performance test must be conducted within 60 days 
of the date that the measured 24-hour average opacity was first 
determined to exceed the baseline opacity level unless a waiver is 
granted by the permitting authority.
    (3) As an alternative to complying with the requirements of 
paragraph (o)(2) of this section, an owner or operator may elect to 
monitor the performance of an electrostatic precipitator (ESP) operated 
to comply with the applicable PM emissions limit in Sec.  60.42Da using 
an ESP predictive model developed in accordance with the requirements in 
paragraphs (o)(3)(i) through (v) of this section.

[[Page 188]]

    (i) You must calibrate the ESP predictive model with each PM control 
device used to comply with the applicable PM emissions limit in Sec.  
60.42Da operating under normal conditions. In cases when a wet scrubber 
is used in combination with an ESP to comply with the PM emissions 
limit, the wet scrubber must be maintained and operated.
    (ii) You must develop a site-specific monitoring plan that includes 
a description of the ESP predictive model used, the model input 
parameters, and the procedures and criteria for establishing monitoring 
parameter baseline levels indicative of compliance with the PM emissions 
limit. You must submit the site-specific monitoring plan for approval by 
the permitting authority. For reference purposes in preparing the 
monitoring plan, see the OAQPS ``Compliance Assurance Monitoring (CAM) 
Protocol for an Electrostatic Precipitator (ESP) Controlling Particulate 
Matter (PM) Emissions from a Coal-Fired Boiler.'' This document is 
available from the U.S. Environmental Protection Agency (U.S. EPA); 
Office of Air Quality Planning and Standards; Sector Policies and 
Programs Division; Measurement Policy Group (D243-02), Research Triangle 
Park, NC 27711. This document is also available on the Technology 
Transfer Network (TTN) under Emission Measurement Center Continuous 
Emission Monitoring.
    (iii) You must run the ESP predictive model using the applicable 
input data each boiler operating day and evaluate the model output for 
the preceding boiler operating day excluding periods of affected 
facility startup, shutdown, or malfunction. If the values for one or 
more of the model parameters exceed the applicable baseline levels 
determined according to your approved site-specific monitoring plan, you 
must initiate investigation of the relevant equipment and control 
systems within 24 hours of the first discovery of a model parameter 
deviation and, take the appropriate corrective action as soon as 
practicable to adjust control settings or repair equipment to return the 
model output to within the applicable baseline levels.
    (iv) You must record the ESP predictive model inputs and outputs and 
any corrective actions taken. The record of corrective action taken must 
include the date and time during which the model output values exceeded 
the applicable baseline levels, and the date, time, and description of 
the corrective action.
    (v) If after 7 consecutive days a model parameter continues to 
exceed the applicable baseline level, then you must conduct a new PM 
performance test according to paragraph (o)(1) of this section. This new 
performance test must be conducted within 60 calendar days of the date 
that the model parameter was first determined to exceed its baseline 
level unless a waiver is granted by the permitting authority.
    (4) As an alternative to complying with the requirements of 
paragraph (o)(2) of this section, an owner or operator may elect to 
monitor the performance of a fabric filter (baghouse) operated to comply 
with the applicable PM emissions limit in Sec.  60.42Da by using a bag 
leak detection system according to the requirements in paragraphs 
(o)(4)(i) through (v) of this section.
    (i) Each bag leak detection system must meet the specifications and 
requirements in paragraphs (o)(4)(i)(A) through (H) of this section.
    (A) The bag leak detection system must be certified by the 
manufacturer to be capable of detecting PM emissions at concentrations 
of 1 milligram per actual cubic meter (0.00044 grains per actual cubic 
foot) or less.
    (B) The bag leak detection system sensor must provide output of 
relative PM loadings. The owner or operator must continuously record the 
output from the bag leak detection system using electronic or other 
means (e.g., using a strip chart recorder or a data logger.)
    (C) The bag leak detection system must be equipped with an alarm 
system that will react when the system detects an increase in relative 
particulate loading over the alarm set point established according to 
paragraph (o)(4)(i)(D) of this section, and the alarm must be located 
such that it can be noticed by the appropriate plant personnel.
    (D) In the initial adjustment of the bag leak detection system, you 
must establish, at a minimum, the baseline

[[Page 189]]

output by adjusting the sensitivity (range) and the averaging period of 
the device, the alarm set points, and the alarm delay time.
    (E) Following initial adjustment, you must not adjust the averaging 
period, alarm set point, or alarm delay time without approval from the 
permitting authority except as provided in paragraph (d)(1)(vi) of this 
section.
    (F) Once per quarter, you may adjust the sensitivity of the bag leak 
detection system to account for seasonal effects, including temperature 
and humidity, according to the procedures identified in the site-
specific monitoring plan required by paragraph (o)(4)(ii) of this 
section.
    (G) You must install the bag leak detection sensor downstream of the 
fabric filter and upstream of any wet scrubber.
    (H) Where multiple detectors are required, the system's 
instrumentation and alarm may be shared among detectors.
    (ii) You must develop and submit to the permitting authority for 
approval a site-specific monitoring plan for each bag leak detection 
system. You must operate and maintain the bag leak detection system 
according to the site-specific monitoring plan at all times. Each 
monitoring plan must describe the items in paragraphs (o)(4)(ii)(A) 
through (F) of this section.
    (A) Installation of the bag leak detection system;
    (B) Initial and periodic adjustment of the bag leak detection 
system, including how the alarm set-point will be established;
    (C) Operation of the bag leak detection system, including quality 
assurance procedures;
    (D) How the bag leak detection system will be maintained, including 
a routine maintenance schedule and spare parts inventory list;
    (E) How the bag leak detection system output will be recorded and 
stored; and
    (F) Corrective action procedures as specified in paragraph 
(o)(4)(iii) of this section. In approving the site-specific monitoring 
plan, the permitting authority may allow owners and operators more than 
3 hours to alleviate a specific condition that causes an alarm if the 
owner or operator identifies in the monitoring plan this specific 
condition as one that could lead to an alarm, adequately explains why it 
is not feasible to alleviate this condition within 3 hours of the time 
the alarm occurs, and demonstrates that the requested time will ensure 
alleviation of this condition as expeditiously as practicable.
    (iii) For each bag leak detection system, you must initiate 
procedures to determine the cause of every alarm within 1 hour of the 
alarm. Except as provided in paragraph (o)(4)(ii)(F) of this section, 
you must alleviate the cause of the alarm within 3 hours of the alarm by 
taking whatever corrective action(s) are necessary. Corrective actions 
may include, but are not limited to the following:
    (A) Inspecting the fabric filter for air leaks, torn or broken bags 
or filter media, or any other condition that may cause an increase in 
particulate emissions;
    (B) Sealing off defective bags or filter media;
    (C) Replacing defective bags or filter media or otherwise repairing 
the control device;
    (D) Sealing off a defective fabric filter compartment;
    (E) Cleaning the bag leak detection system probe or otherwise 
repairing the bag leak detection system; or
    (F) Shutting down the process producing the particulate emissions.
    (iv) You must maintain records of the information specified in 
paragraphs (o)(4)(iv)(A) through (C) of this section for each bag leak 
detection system.
    (A) Records of the bag leak detection system output;
    (B) Records of bag leak detection system adjustments, including the 
date and time of the adjustment, the initial bag leak detection system 
settings, and the final bag leak detection system settings; and
    (C) The date and time of all bag leak detection system alarms, the 
time that procedures to determine the cause of the alarm were initiated, 
if procedures were initiated within 1 hour of the alarm, the cause of 
the alarm, an explanation of the actions taken, the date and time the 
cause of the alarm

[[Page 190]]

was alleviated, and if the alarm was alleviated within 3 hours of the 
alarm.
    (v) If after any period composed of 30 boiler operating days during 
which the alarm rate exceeds 5 percent of the process operating time 
(excluding control device or process startup, shutdown, and 
malfunction), then you must conduct a new PM performance test according 
to paragraph (o)(1) of this section. This new performance test must be 
conducted within 60 calendar days of the date that the alarm rate was 
first determined to exceed 5 percent limit unless a waiver is granted by 
the permitting authority.
    (5) An owner or operator of a modified affected facility electing to 
meet the emission limitations in Sec.  60.42Da(d) shall determine the 
percent reduction in PM by using the emission rate for PM determined by 
the performance test conducted according to the requirements in 
paragraph (o)(1) of this section and the ash content on a mass basis of 
the fuel burned during each performance test run as determined by 
analysis of the fuel as fired.
    (p) As an alternative to meeting the compliance provisions specified 
in paragraph (o) of this section, an owner or operator may elect to 
install, evaluate, maintain, and operate a CEMS measuring PM emissions 
discharged from the affected facility to the atmosphere and record the 
output of the system as specified in paragraphs (p)(1) through (p)(8) of 
this section.
    (1) The owner or operator shall submit a written notification to the 
Administrator of intent to demonstrate compliance with this subpart by 
using a CEMS measuring PM. This notification shall be sent at least 30 
calendar days before the initial startup of the monitor for compliance 
determination purposes. The owner or operator may discontinue operation 
of the monitor and instead return to demonstration of compliance with 
this subpart according to the requirements in paragraph (o) of this 
section by submitting written notification to the Administrator of such 
intent at least 30 calendar days before shutdown of the monitor for 
compliance determination purposes.
    (2) Each CEMS shall be installed, evaluated, operated, and 
maintained according to the requirements in Sec.  60.49Da(v).
    (3) The initial performance evaluation shall be completed no later 
than 180 days after the date of initial startup of the affected 
facility, as specified under Sec.  60.8 of subpart A of this part or 
within 180 days of the date of notification to the Administrator 
required under paragraph (p)(1) of this section, whichever is later.
    (4) Compliance with the applicable emissions limit shall be 
determined based on the 24-hour daily (block) average of the hourly 
arithmetic average emissions concentrations using the continuous 
monitoring system outlet data. The 24-hour block arithmetic average 
emission concentration shall be calculated using EPA Reference Method 19 
of appendix A of this part, section 4.1.
    (5) At a minimum, non-out-of-control CEMS hourly averages shall be 
obtained for 75 percent of all operating hours on a 30-boiler operating 
day rolling average basis. Beginning on January 1, 2012, non-out-of-
control CEMS hourly averages shall be obtained for 90 percent of all 
operating hours on a 30-boiler operating day rolling average basis.
    (i) At least two data points per hour shall be used to calculate 
each 1-hour arithmetic average.
    (ii) [Reserved]
    (6) The 1-hour arithmetic averages required shall be expressed in 
ng/J, MMBtu/hr, or lb/MWh and shall be used to calculate the boiler 
operating day daily arithmetic average emission concentrations. The 1-
hour arithmetic averages shall be calculated using the data points 
required under Sec.  60.13(e)(2) of subpart A of this part.
    (7) All non-out-of-control CEMS data shall be used in calculating 
average emission concentrations even if the minimum CEMS data 
requirements of paragraph (j)(5) of this section are not met.
    (8) When PM emissions data are not obtained because of CEMS 
breakdowns, repairs, calibration checks, and zero and span adjustments, 
emissions data shall be obtained by using other monitoring systems as 
approved by the Administrator or EPA Reference Method 19 of appendix A 
of this part to provide,

[[Page 191]]

as necessary, non-out-of-control emissions data for a minimum of 90 
percent (only 75 percent is required prior to January 1, 2012) of all 
operating hours per 30-boiler operating day rolling average.
    (q) Compliance provisions for sources subject to Sec.  60.42Da(b). 
An owner or operator of an affected facility subject to the opacity 
standard in Sec.  60.42Da(b) shall monitor the opacity of emissions 
discharged from the affected facility to the atmosphere according to the 
requirements in Sec.  60.49Da(a), as applicable to the affected 
facility.
    (r) Compliance provisions for sources subject to Sec.  60.45Da. To 
determine compliance with the NOX plus CO emissions limit, 
the owner or operator shall use the procedures specified in paragraphs 
(r)(1) through (3) of this section.
    (1) Calculate NOX emissions as 1.194 x 10-7 
lb/scf-ppm times the average hourly NOX output concentration 
in ppm (measured according to the provisions of Sec.  60.49Da(c)), times 
the average hourly flow rate (measured in scfh, according to the 
provisions of Sec.  60.49Da(l) or Sec.  60.49Da(m)), divided by the 
average hourly gross energy output (measured according to the provisions 
of Sec.  60.49Da(k)) or the average hourly net energy output, as 
applicable.
    (2) Calculate CO emissions by multiplying the average hourly CO 
output concentration (measured according to the provisions of Sec.  
60.49Da(u), by the average hourly flow rate (measured according to the 
provisions of Sec.  60.49Da(l) or Sec.  60.49Da(m)), and dividing by the 
average hourly gross energy output (measured according to the provisions 
of Sec.  60.49Da(k)) or the average hourly net energy output, as 
applicable.
    (3) Calculate NOX plus CO emissions by summing the 
NOX emissions results from paragraph (r)(1) of this section 
plus the CO emissions results from paragraph (r)(2) of this section.
    (s) Affirmative defense for exceedance of emissions limit during 
malfunction. In response to an action to enforce the standards set forth 
in paragraph Sec. Sec.  60.42Da, 60.43Da, 60.44Da, and 60.45Da, you may 
assert an affirmative defense to a claim for civil penalties for 
exceedances of such standards that are caused by malfunction, as defined 
at 40 CFR 60.2. Appropriate penalties may be assessed, however, if you 
fail to meet your burden of proving all of the requirements in the 
affirmative defense as specified in paragraphs (s)(1) and (2) of this 
section. The affirmative defense shall not be available for claims for 
injunctive relief.
    (1) To establish the affirmative defense in any action to enforce 
such a limit, you must timely meet the notification requirements in 
paragraph (s)(2) of this section, and must prove by a preponderance of 
evidence that:
    (i) The excess emissions:
    (A) Were caused by a sudden, infrequent, and unavoidable failure of 
air pollution control and monitoring equipment, process equipment, or a 
process to operate in a normal or usual manner; and
    (B) Could not have been prevented through careful planning, proper 
design, or better operation and maintenance practices; and
    (C) Did not stem from any activity or event that could have been 
foreseen and avoided, or planned for; and
    (D) Were not part of a recurring pattern indicative of inadequate 
design, operation, or maintenance; and
    (ii) Repairs were made as expeditiously as possible when the 
applicable emissions limits were being exceeded. Off-shift and overtime 
labor were used, to the extent practicable to make these repairs; and
    (iii) The frequency, amount, and duration of the excess emissions 
(including any bypass) were minimized to the maximum extent practicable 
during periods of such emissions; and
    (iv) If the excess emissions resulted from a bypass of control 
equipment or a process, then the bypass was unavoidable to prevent loss 
of life, personal injury, or severe property damage; and
    (v) All possible steps were taken to minimize the impact of the 
excess emissions on ambient air quality, the environment, and human 
health; and
    (vi) All emissions monitoring and control systems were kept in 
operation if at all possible, consistent with safety and good air 
pollution control practices; and
    (vii) All of the actions in response to the excess emissions were 
documented by properly signed, contemporaneous operating logs; and

[[Page 192]]

    (viii) At all times, the facility was operated in a manner 
consistent with good practices for minimizing emissions; and
    (ix) A written root cause analysis has been prepared, the purpose of 
which is to determine, correct, and eliminate the primary causes of the 
malfunction and the excess emissions resulting from the malfunction 
event at issue. The analysis shall also specify, using best monitoring 
methods and engineering judgment, the amount of excess emissions that 
were the result of the malfunction.
    (2) Notification. The owner or operator of the affected source 
experiencing an exceedance of its emission limit(s) during a malfunction 
shall notify the Administrator by telephone or facsimile (FAX) 
transmission as soon as possible, but no later than two business days 
after the initial occurrence of the malfunction or, if it is not 
possible to determine within two business days whether the malfunction 
caused or contributed to an exceedance, no later than two business days 
after the owner or operator knew or should have known that the 
malfunction caused or contributed to an exceedance, but, in no event 
later than two business days after the end of the averaging period, if 
it wishes to avail itself of an affirmative defense to civil penalties 
for that malfunction. The owner or operator seeking to assert an 
affirmative defense shall also submit a written report to the 
Administrator within 45 days of the initial occurrence of the exceedance 
of the standard in Sec.  63.9991 to demonstrate, with all necessary 
supporting documentation, that it has met the requirements set forth in 
paragraph (s)(1) of this section. The owner or operator may seek an 
extension of this deadline for up to 30 additional days by submitting a 
written request to the Administrator before the expiration of the 45 day 
period. Until a request for an extension has been approved by the 
Administrator, the owner or operator is subject to the requirement to 
submit such report within 45 days of the initial occurrence of the 
exceedance.

[72 FR 32722, June 13, 2007, as amended at 74 FR 5079, Jan. 28, 2009; 76 
FR 3522, Jan. 20, 2011; 77 FR 9454, Feb. 16, 2012; 78 FR 24083, Apr. 24, 
2013; 81 FR 20180, Apr. 6, 2016]



Sec.  60.49Da  Emission monitoring.

    (a) An owner or operator of an affected facility subject to the 
opacity standard in Sec.  60.42Da must monitor the opacity of emissions 
discharged from the affected facility to the atmosphere according to the 
applicable requirements in paragraphs (a)(1) through (4) of this 
section.
    (1) Except as provided for in paragraphs (a)(2) and (4) of this 
section, the owner or operator of an affected facility subject to an 
opacity standard, shall install, calibrate, maintain, and operate a 
COMS, and record the output of the system, for measuring the opacity of 
emissions discharged to the atmosphere. If opacity interference due to 
water droplets exists in the stack (for example, from the use of an FGD 
system), the opacity is monitored upstream of the interference (at the 
inlet to the FGD system). If opacity interference is experienced at all 
locations (both at the inlet and outlet of the SO2 control 
system), alternate parameters indicative of the PM control system's 
performance and/or good combustion are monitored (subject to the 
approval of the Administrator).
    (2) As an alternative to the monitoring requirements in paragraph 
(a)(1) of this section, an owner or operator of an affected facility 
that meets the conditions in either paragraph (a)(2)(i), (ii), (iii), or 
(iv) of this section may elect to monitor opacity as specified in 
paragraph (a)(3) of this section.
    (i) The affected facility uses a fabric filter (baghouse) to meet 
the standards in Sec.  60.42Da and a bag leak detection system is 
installed and operated according to the requirements in paragraphs Sec.  
60.48Da(o)(4)(i) through (v);
    (ii) The affected facility burns only gaseous or liquid fuels 
(excluding residual oil) with potential SO2 emissions rates 
of 26 ng/J (0.060 lb/MMBtu) or less, and does not use a post-combustion 
technology to reduce emissions of SO2 or PM;
    (iii) The affected facility meets all of the conditions specified in 
paragraphs (a)(2)(iii)(A) through (C) of this section.
    (A) No post-combustion technology (except a wet scrubber) is used 
for reducing PM, SO2, or CO emissions;
    (B) Only natural gas, gaseous fuels, or fuel oils that contain less 
than or

[[Page 193]]

equal to 0.30 weight percent sulfur are burned; and
    (C) Emissions of CO discharged to the atmosphere are maintained at 
levels less than or equal to 1.4 lb/MWh on a boiler operating day 
average basis as demonstrated by the use of a CEMS measuring CO 
emissions according to the procedures specified in paragraph (u) of this 
section; or
    (iv) The affected facility uses an ESP and uses an ESP predictive 
model to monitor the performance of the ESP developed in accordance and 
operated according to the most current requirements in section Sec.  
60.48Da of this part.
    (3) The owner or operator of an affected facility that meets the 
conditions in paragraph (a)(2) of this section may, as an alternative to 
using a COMS, elect to monitor visible emissions using the applicable 
procedures specified in paragraphs (a)(3)(i) through (iv) of this 
section. The opacity performance test requirement in paragraph (a)(3)(i) 
must be conducted by April 29, 2011, within 45 days after stopping use 
of an existing COMS, or within 180 days after initial startup of the 
facility, whichever is later.
    (i) The owner or operator shall conduct a performance test using 
Method 9 of appendix A-4 of this part and the procedures in Sec.  60.11. 
If during the initial 60 minutes of the observation all the 6-minute 
averages are less than 10 percent and all the individual 15-second 
observations are less than or equal to 20 percent, then the observation 
period may be reduced from 3 hours to 60 minutes.
    (ii) Except as provided in paragraph (a)(3)(iii) or (iv) of this 
section, the owner or operator shall conduct subsequent Method 9 of 
appendix A-4 of this part performance tests using the procedures in 
paragraph (a)(3)(i) of this section according to the applicable schedule 
in paragraphs (a)(3)(ii)(A) through (a)(3)(ii)(C) of this section, as 
determined by the most recent Method 9 of appendix A-4 of this part 
performance test results.
    (A) If the maximum 6-minute average opacity is less than or equal to 
5 percent, a subsequent Method 9 of appendix A-4 of this part 
performance test must be completed within 12 calendar months from the 
date that the most recent performance test was conducted or within 45 
days of the next day that fuel with an opacity standard is combusted, 
whichever is later;
    (B) If the maximum 6-minute average opacity is greater than 5 
percent but less than or equal to 10 percent, a subsequent Method 9 of 
appendix A-4 of this part performance test must be completed within 3 
calendar months from the date that the most recent performance test was 
conducted or within 45 days of the next day that fuel with an opacity 
standard is combusted, whichever is later; or
    (C) If the maximum 6-minute average opacity is greater than 10 
percent, a subsequent Method 9 of appendix A-4 of this part performance 
test must be completed within 45 calendar days from the date that the 
most recent performance test was conducted.
    (iii) If the maximum 6-minute opacity is less than 10 percent during 
the most recent Method 9 of appendix A-4 of this part performance test, 
the owner or operator may, as an alternative to performing subsequent 
Method 9 of appendix A-4 of this part performance tests, elect to 
perform subsequent monitoring using Method 22 of appendix A-7 of this 
part according to the procedures specified in paragraphs (a)(3)(iii)(A) 
and (B) of this section.
    (A) The owner or operator shall conduct 10 minute observations 
(during normal operation) each operating day the affected facility fires 
fuel for which an opacity standard is applicable using Method 22 of 
appendix A-7 of this part and demonstrate that the sum of the 
occurrences of any visible emissions is not in excess of 5 percent of 
the observation period (i.e., 30 seconds per 10 minute period). If the 
sum of the occurrence of any visible emissions is greater than 30 
seconds during the initial 10 minute observation, immediately conduct a 
30 minute observation. If the sum of the occurrence of visible emissions 
is greater than 5 percent of the observation period (i.e., 90 seconds 
per 30 minute period), the owner or operator shall either document and 
adjust the operation of the facility and demonstrate within 24 hours 
that the sum of the occurrence of visible emissions is equal to or less 
than 5 percent during

[[Page 194]]

a 30 minute observation (i.e., 90 seconds) or conduct a new Method 9 of 
appendix A-4 of this part performance test using the procedures in 
paragraph (a)(3)(i) of this section within 45 calendar days according to 
the requirements in Sec.  60.50Da(b)(3).
    (B) If no visible emissions are observed for 10 operating days 
during which an opacity standard is applicable, observations can be 
reduced to once every 7 operating days during which an opacity standard 
is applicable. If any visible emissions are observed, daily observations 
shall be resumed.
    (iv) If the maximum 6-minute opacity is less than 10 percent during 
the most recent Method 9 of appendix A-4 of this part performance test, 
the owner or operator may, as an alternative to performing subsequent 
Method 9 of appendix A-4 performance tests, elect to perform subsequent 
monitoring using a digital opacity compliance system according to a 
site-specific monitoring plan approved by the Administrator. The 
observations must be similar, but not necessarily identical, to the 
requirements in paragraph (a)(3)(iii) of this section. For reference 
purposes in preparing the monitoring plan, see OAQPS ``Determination of 
Visible Emission Opacity from Stationary Sources Using Computer-Based 
Photographic Analysis Systems.'' This document is available from the 
U.S. Environmental Protection Agency (U.S. EPA); Office of Air Quality 
and Planning Standards; Sector Policies and Programs Division; 
Measurement Policy Group (D243-02), Research Triangle Park, NC 27711. 
This document is also available on the Technology Transfer Network (TTN) 
under Emission Measurement Center Preliminary Methods.
    (4) An owner or operator of an affected facility that is subject to 
an opacity standard under Sec.  60.42Da is not required to operate a 
COMS provided that affected facility meets the conditions in either 
paragraph (a)(4)(i) or (ii) of this section.
    (i) The affected facility combusts only gaseous and/or liquid fuels 
(excluding residue oil) where the potential SO2 emissions 
rate of each fuel is no greater than 26 ng/J (0.060 lb/MMBtu), and the 
unit operates according to a written site-specific monitoring plan 
approved by the permitting authority. This monitoring plan must include 
procedures and criteria for establishing and monitoring specific 
parameters for the affected facility indicative of compliance with the 
opacity standard. For testing performed as part of this site-specific 
monitoring plan, the permitting authority may require as an alternative 
to the notification and reporting requirements specified in Sec. Sec.  
60.8 and 60.11 that the owner or operator submit any deviations with the 
excess emissions report required under Sec.  60.51Da(d).
    (ii) The owner or operator of the affected facility installs, 
calibrates, operates, and maintains a particulate matter continuous 
parametric monitoring system (PM CPMS) according to the requirements 
specified in subpart UUUUU of part 63.
    (b) The owner or operator of an affected facility must install, 
calibrate, maintain, and operate a CEMS, and record the output of the 
system, for measuring SO2 emissions, except where only 
gaseous and/or liquid fuels (excluding residual oil) where the potential 
SO2 emissions rate of each fuel is 26 ng/J (0.060 lb/MMBtu) 
or less are combusted, as follows:
    (1) Sulfur dioxide emissions are monitored at both the inlet and 
outlet of the SO2 control device.
    (2) For a facility that qualifies under the numerical limit 
provisions of Sec.  60.43Da, SO2 emissions are only monitored 
as discharged to the atmosphere.
    (3) An ``as fired'' fuel monitoring system (upstream of coal 
pulverizers) meeting the requirements of Method 19 of appendix A of this 
part may be used to determine potential SO2 emissions in 
place of a continuous SO2 emission monitor at the inlet to 
the SO2 control device as required under paragraph (b)(1) of 
this section.
    (4) If the owner or operator has installed and certified a 
SO2 CEMS according to the requirements of Sec.  75.20(c)(1) 
of this chapter and appendix A to part 75 of this chapter, and is 
continuing to meet the ongoing quality assurance requirements of Sec.  
75.21 of this chapter and appendix B to part 75 of this chapter, that 
CEMS may be used

[[Page 195]]

to meet the requirements of this section, provided that:
    (i) A CO2 or O2 continuous monitoring system 
is installed, calibrated, maintained and operated at the same location, 
according to paragraph (d) of this section; and
    (ii) For sources subject to an SO2 emission limit in lb/
MMBtu under Sec.  60.43Da:
    (A) When relative accuracy testing is conducted, SO2 
concentration data and CO2 (or O2) data are 
collected simultaneously; and
    (B) In addition to meeting the applicable SO2 and 
CO2 (or O2) relative accuracy specifications in 
Figure 2 of appendix B to part 75 of this chapter, the relative accuracy 
(RA) standard in section 13.2 of Performance Specification 2 in appendix 
B to this part is met when the RA is calculated on a lb/MMBtu basis; and
    (iii) The reporting requirements of Sec.  60.51Da are met. The 
SO2 and, if required, CO2 (or O2) data 
reported to meet the requirements of Sec.  60.51Da shall not include 
substitute data values derived from the missing data procedures in 
subpart D of part 75 of this chapter, nor shall the SO2 data 
have been bias adjusted according to the procedures of part 75 of this 
chapter.
    (c)(1) The owner or operator of an affected facility shall install, 
calibrate, maintain, and operate a CEMS, and record the output of the 
system, for measuring NOX emissions discharged to the 
atmosphere; or
    (2) If the owner or operator has installed a NOX emission 
rate CEMS to meet the requirements of part 75 of this chapter and is 
continuing to meet the ongoing requirements of part 75 of this chapter, 
that CEMS may be used to meet the requirements of this section, except 
that the owner or operator shall also meet the requirements of Sec.  
60.51Da. Data reported to meet the requirements of Sec.  60.51Da shall 
not include data substituted using the missing data procedures in 
subpart D of part 75 of this chapter, nor shall the data have been bias 
adjusted according to the procedures of part 75 of this chapter.
    (d) The owner or operator of an affected facility not complying with 
an output based limit shall install, calibrate, maintain, and operate a 
CEMS, and record the output of the system, for measuring the 
O2 or carbon dioxide (CO2) content of the flue 
gases at each location where SO2 or NOX emissions 
are monitored. For affected facilities subject to a lb/MMBtu 
SO2 emission limit under Sec.  60.43Da, if the owner or 
operator has installed and certified a CO2 or O2 
monitoring system according to Sec.  75.20(c) of this chapter and 
appendix A to part 75 of this chapter and the monitoring system 
continues to meet the applicable quality-assurance provisions of Sec.  
75.21 of this chapter and appendix B to part 75 of this chapter, that 
CEMS may be used together with the part 75 SO2 concentration 
monitoring system described in paragraph (b) of this section, to 
determine the SO2 emission rate in lb/MMBtu. SO2 
data used to meet the requirements of Sec.  60.51Da shall not include 
substitute data values derived from the missing data procedures in 
subpart D of part 75 of this chapter, nor shall the data have been bias 
adjusted according to the procedures of part 75 of this chapter.
    (e) The CEMS under paragraphs (b), (c), and (d) of this section are 
operated and data recorded during all periods of operation of the 
affected facility including periods of startup, shutdown, and 
malfunction, except for CEMS breakdowns, repairs, calibration checks, 
and zero and span adjustments.
    (f)(1) For units that began construction, reconstruction, or 
modification on or before February 28, 2005, the owner or operator shall 
obtain emission data for at least 18 hours in at least 22 out of 30 
successive boiler operating days. If this minimum data requirement 
cannot be met with CEMS, the owner or operator shall supplement emission 
data with other monitoring systems approved by the Administrator or the 
reference methods and procedures as described in paragraph (h) of this 
section.
    (2) For units that began construction, reconstruction, or 
modification after February 28, 2005, the owner or operator shall obtain 
emission data for at least 90 percent of all operating hours for each 30 
successive boiler operating days. If this minimum data requirement 
cannot be met with a CEMS, the owner or operator shall supplement

[[Page 196]]

emission data with other monitoring systems approved by the 
Administrator or the reference methods and procedures as described in 
paragraph (h) of this section.
    (g) The 1-hour averages required under paragraph Sec.  60.13(h) are 
expressed in ng/J (lb/MMBtu) heat input and used to calculate the 
average emission rates under Sec.  60.48Da. The 1-hour averages are 
calculated using the data points required under Sec.  60.13(h)(2).
    (h) When it becomes necessary to supplement CEMS data to meet the 
minimum data requirements in paragraph (f) of this section, the owner or 
operator shall use the reference methods and procedures as specified in 
this paragraph. Acceptable alternative methods and procedures are given 
in paragraph (j) of this section.
    (1) Method 6 of appendix A of this part shall be used to determine 
the SO2 concentration at the same location as the 
SO2 monitor. Samples shall be taken at 60-minute intervals. 
The sampling time and sample volume for each sample shall be at least 20 
minutes and 0.020 dscm (0.71 dscf). Each sample represents a 1-hour 
average.
    (2) Method 7 of appendix A of this part shall be used to determine 
the NOX concentration at the same location as the 
NOX monitor. Samples shall be taken at 30-minute intervals. 
The arithmetic average of two consecutive samples represents a 1-hour 
average.
    (3) The emission rate correction factor, integrated bag sampling and 
analysis procedure of Method 3B of appendix A of this part shall be used 
to determine the O2 or CO2 concentration at the 
same location as the O2 or CO2 monitor. Samples 
shall be taken for at least 30 minutes in each hour. Each sample 
represents a 1-hour average.
    (4) The procedures in Method 19 of appendix A of this part shall be 
used to compute each 1-hour average concentration in ng/J (lb/MMBtu) 
heat input.
    (i) The owner or operator shall use methods and procedures in this 
paragraph to conduct monitoring system performance evaluations under 
Sec.  60.13(c) and calibration checks under Sec.  60.13(d). Acceptable 
alternative methods and procedures are given in paragraph (j) of this 
section.
    (1) Methods 3B, 6, and 7 of appendix A of this part shall be used to 
determine O2, SO2, and NOX 
concentrations, respectively.
    (2) SO2 or NOX (NO), as applicable, shall be 
used for preparing the calibration gas mixtures (in N2, as 
applicable) under Performance Specification 2 of appendix B of this 
part.
    (3) For affected facilities burning only fossil fuel, the span value 
for a COMS is between 60 and 80 percent. Span values for a CEMS 
measuring NOX shall be determined using one of the following 
procedures:
    (i) Except as provided under paragraph (i)(3)(ii) of this section, 
NOX span values shall be determined as follows:

------------------------------------------------------------------------
             Fossil fuel                   Span values for NOX (ppm)
------------------------------------------------------------------------
Gas.................................  500.
Liquid..............................  500.
Solid...............................  1,000.
Combination.........................  500 (x + y) + 1,000z.
------------------------------------------------------------------------

Where:

x = Fraction of total heat input derived from gaseous fossil fuel,
y = Fraction of total heat input derived from liquid fossil fuel, and
z = Fraction of total heat input derived from solid fossil fuel.

    (ii) As an alternative to meeting the requirements of paragraph 
(i)(3)(i) of this section, the owner or operator of an affected facility 
may elect to use the NOX span values determined according to 
section 2.1.2 in appendix A to part 75 of this chapter.
    (4) All span values computed under paragraph (i)(3)(i) of this 
section for burning combinations of fossil fuels are rounded to the 
nearest 500 ppm. Span values computed under paragraph (i)(3)(ii) of this 
section shall be rounded off according to section 2.1.2 in appendix A to 
part 75 of this chapter.
    (5) For affected facilities burning fossil fuel, alone or in 
combination with non-fossil fuel and determining span values under 
paragraph (i)(3)(i) of this section, the span value of the 
SO2 CEMS at the inlet to the SO2 control device is 
125 percent of the maximum estimated hourly potential emissions of the 
fuel fired, and the outlet of the

[[Page 197]]

SO2 control device is 50 percent of maximum estimated hourly 
potential emissions of the fuel fired. For affected facilities 
determining span values under paragraph (i)(3)(ii) of this section, 
SO2 span values shall be determined according to section 
2.1.1 in appendix A to part 75 of this chapter.
    (j) The owner or operator may use the following as alternatives to 
the reference methods and procedures specified in this section:
    (1) For Method 6 of appendix A of this part, Method 6A or 6B 
(whenever Methods 6 and 3 or 3B of appendix A of this part data are 
used) or 6C of appendix A of this part may be used. Each Method 6B of 
appendix A of this part sample obtained over 24 hours represents 24 1-
hour averages. If Method 6A or 6B of appendix A of this part is used 
under paragraph (i) of this section, the conditions under Sec.  
60.48Da(d)(1) apply; these conditions do not apply under paragraph (h) 
of this section.
    (2) For Method 7 of appendix A of this part, Method 7A, 7C, 7D, or 
7E of appendix A of this part may be used. If Method 7C, 7D, or 7E of 
appendix A of this part is used, the sampling time for each run shall be 
1 hour.
    (3) For Method 3 of appendix A of this part, Method 3A or 3B of 
appendix A of this part may be used if the sampling time is 1 hour.
    (4) For Method 3B of appendix A of this part, Method 3A of appendix 
A of this part may be used.
    (k) The procedures specified in paragraphs (k)(1) through (3) of 
this section shall be used to determine gross energy output for sources 
demonstrating compliance with an output-based standard.
    (1) The owner or operator of an affected facility with electricity 
generation shall install, calibrate, maintain, and operate a wattmeter; 
measure gross electrical output in MWh on a continuous basis; and record 
the output of the monitor.
    (2) The owner or operator of an affected facility with process steam 
generation shall install, calibrate, maintain, and operate meters for 
steam flow, temperature, and pressure; measure gross process steam 
output in joules per hour (or Btu per hour) on a continuous basis; and 
record the output of the monitor.
    (3) For an affected facility generating process steam in combination 
with electrical generation, the gross energy output is determined 
according to the definition of ``gross energy output'' specified in 
Sec.  60.41Da that is applicable to the affected facility.
    (l) The owner or operator of an affected facility demonstrating 
compliance with an output-based standard shall install, certify, 
operate, and maintain a continuous flow monitoring system meeting the 
requirements of Performance Specification 6 of appendix B of this part 
and the calibration drift (CD) assessment, relative accuracy test audit 
(RATA), and reporting provisions of procedure 1 of appendix F of this 
part, and record the output of the system, for measuring the volumetric 
flow rate of exhaust gases discharged to the atmosphere; or
    (m) Alternatively, data from a continuous flow monitoring system 
certified according to the requirements of Sec.  75.20(c) of this 
chapter and appendix A to part 75 of this chapter, and continuing to 
meet the applicable quality control and quality assurance requirements 
of Sec.  75.21 of this chapter and appendix B to part 75 of this 
chapter, may be used. Flow rate data reported to meet the requirements 
of Sec.  60.51Da shall not include substitute data values derived from 
the missing data procedures in subpart D of part 75 of this chapter, nor 
shall the data have been bias adjusted according to the procedures of 
part 75 of this chapter.
    (n) Gas-fired and oil-fired units. The owner or operator of an 
affected unit that qualifies as a gas-fired or oil-fired unit, as 
defined in 40 CFR 72.2, may use, as an alternative to the requirements 
specified in either paragraph (l) or (m) of this section, a fuel flow 
monitoring system certified and operated according to the requirements 
of appendix D of part 75 of this chapter.
    (o) The owner or operator of a duct burner, as described in Sec.  
60.41Da, which is subject to the NOX standards of Sec.  
60.44Da(a)(1), (d)(1), or (e)(1) is not required to install or operate a 
CEMS to measure NOX emissions; a wattmeter to measure gross 
electrical output; meters to measure steam flow, temperature, and 
pressure; and a continuous flow monitoring system to measure the

[[Page 198]]

flow of exhaust gases discharged to the atmosphere.
    (p)-(r) [Reserved]
    (s) The owner or operator shall prepare and submit to the 
Administrator for approval a unit-specific monitoring plan for each 
monitoring system, at least 45 days before commencing certification 
testing of the monitoring systems. The owner or operator shall comply 
with the requirements in your plan. The plan must address the 
requirements in paragraphs (s)(1) through (6) of this section.
    (1) Installation of the CEMS sampling probe or other interface at a 
measurement location relative to each affected process unit such that 
the measurement is representative of the exhaust emissions (e.g., on or 
downstream of the last control device);
    (2) Performance and equipment specifications for the sample 
interface, the pollutant concentration or parametric signal analyzer, 
and the data collection and reduction systems;
    (3) Performance evaluation procedures and acceptance criteria (e.g., 
calibrations, relative accuracy test audits (RATA), etc.);
    (4) Ongoing operation and maintenance procedures in accordance with 
the general requirements of Sec.  60.13(d) or part 75 of this chapter 
(as applicable);
    (5) Ongoing data quality assurance procedures in accordance with the 
general requirements of Sec.  60.13 or part 75 of this chapter (as 
applicable); and
    (6) Ongoing recordkeeping and reporting procedures in accordance 
with the requirements of this subpart.
    (t) The owner or operator of an affected facility demonstrating 
compliance with the output-based emissions limit under Sec.  60.42Da 
must either install, certify, operate, and maintain a CEMS for measuring 
PM emissions according to the requirements of paragraph (v) of this 
section or install, calibrate, operate, and maintain a PM CPMS according 
to the requirements for new facilities specified in subpart UUUUU of 
part 63 of this chapter. An owner or operator of an affected facility 
demonstrating compliance with the input-based emissions limit in Sec.  
60.42Da may install, certify, operate, and maintain a CEMS for measuring 
PM emissions according to the requirements of paragraph (v) of this 
section.
    (u) The owner or operator of an affected facility using a CEMS 
measuring CO emissions to meet requirements of this subpart shall meet 
the requirements specified in paragraphs (u)(1) through (4) of this 
section.
    (1) You must monitor CO emissions using a CEMS according to the 
procedures specified in paragraphs (u)(1)(i) through (iv) of this 
section.
    (i) The CO CEMS must be installed, certified, maintained, and 
operated according to the provisions in Sec.  60.58b(i)(3) of subpart Eb 
of this part.
    (ii) Each 1-hour CO emissions average is calculated using the data 
points generated by the CO CEMS expressed in parts per million by volume 
corrected to 3 percent oxygen (dry basis).
    (iii) At a minimum, non-out-of-control 1-hour CO emissions averages 
must be obtained for at least 90 percent of the operating hours on a 30-
boiler operating day rolling average basis. The 1-hour averages are 
calculated using the data points required in Sec.  60.13(h)(2).
    (iv) Quarterly accuracy determinations and daily calibration drift 
tests for the CO CEMS must be performed in accordance with procedure 1 
in appendix F of this part.
    (2) You must calculate the 1-hour average CO emissions levels for 
each boiler operating day by multiplying the average hourly CO output 
concentration measured by the CO CEMS times the corresponding average 
hourly flue gas flow rate and divided by the corresponding average 
hourly useful energy output from the affected facility. The 24-hour 
average CO emission level is determined by calculating the arithmetic 
average of the hourly CO emission levels computed for each boiler 
operating day.
    (3) You must evaluate the preceding 24-hour average CO emission 
level each boiler operating day excluding periods of affected facility 
startup, shutdown, or malfunction. If the 24-hour average CO emission 
level is greater than 1.4 lb/MWh, you must initiate investigation of the 
relevant equipment and control systems within 24 hours of the first 
discovery of the high emission incident and, take the appropriate 
corrective action as soon as practicable to adjust

[[Page 199]]

control settings or repair equipment to reduce the 24-hour average CO 
emission level to 1.4 lb/MWh or less.
    (4) You must record the CO measurements and calculations performed 
according to paragraph (u)(3) of this section and any corrective actions 
taken. The record of corrective action taken must include the date and 
time during which the 24-hour average CO emission level was greater than 
1.4 lb/MWh, and the date, time, and description of the corrective 
action.
    (v) The owner or operator of an affected facility using a CEMS 
measuring PM emissions to meet requirements of this subpart shall 
install, certify, operate, and maintain the CEMS as specified in 
paragraphs (v)(1) through (v)(4) of this section.
    (1) The owner or operator shall conduct a performance evaluation of 
the CEMS according to the applicable requirements of Sec.  60.13, 
Performance Specification 11 in appendix B of this part, and procedure 2 
in appendix F of this part.
    (2) During each PM correlation testing run of the CEMS required by 
Performance Specification 11 in appendix B of this part, PM and 
O2 (or CO2) data shall be collected concurrently 
(or within a 30- to 60-minute period) by both the CEMS and performance 
tests conducted using the following test methods.
    (i) For PM, Method 5 or 5B of appendix A-3 of this part or Method 17 
of appendix A-6 of this part shall be used; and
    (ii) For O2 (or CO2), Method 3A or 3B of 
appendix A-2 of this part, as applicable shall be used.
    (3) Quarterly accuracy determinations and daily calibration drift 
tests shall be performed in accordance with procedure 2 in appendix F of 
this part. Relative Response Audit's must be performed annually and 
Response Correlation Audits must be performed every 3 years.
    (4) As of January 1, 2012, and within 90 days after the date of 
completing each performance test, as defined in Sec.  60.8, conducted to 
demonstrate compliance with this subpart, you must submit relative 
accuracy test audit (i.e., reference method) data and performance test 
(i.e., compliance test) data, except opacity data, electronically to 
EPA's Central Data Exchange (CDX) by using the Electronic Reporting Tool 
(ERT) (see http://www.epa.gov/ttn/chief /ert/ert tool.html/) or other 
compatible electronic spreadsheet. Only data collected using test 
methods compatible with ERT are subject to this requirement to be 
submitted electronically into EPA's WebFire database.
    (w) The owner or operator using a SO2, NOX, 
CO2, and O2 CEMS to meet the requirements of this 
subpart shall install, certify, operate, and maintain the CEMS as 
specified in paragraphs (w)(1) through (w)(5) of this section.
    (1) Except as provided for under paragraphs (w)(2), (w)(3), and 
(w)(4) of this section, each SO2, NOX, 
CO2, and O2 CEMS required under paragraphs (b) 
through (d) of this section shall be installed, certified, and operated 
in accordance with the applicable procedures in Performance 
Specification 2 or 3 in appendix B to this part or according to the 
procedures in appendices A and B to part 75 of this chapter. Daily 
calibration drift assessments and quarterly accuracy determinations 
shall be done in accordance with Procedure 1 in appendix F to this part, 
and a data assessment report (DAR), prepared according to section 7 of 
Procedure 1 in appendix F to this part, shall be submitted with each 
compliance report required under Sec.  60.51Da.
    (2) As an alternative to meeting the requirements of paragraph 
(w)(1) of this section, an owner or operator may elect to implement the 
following alternative data accuracy assessment procedures. For all 
required CO2 and O2 CEMS and for SO2 
and NOX CEMS with span values greater than or equal to 100 
ppm, the daily calibration error test and calibration adjustment 
procedures described in sections 2.1.1 and 2.1.3 of appendix B to part 
75 of this chapter may be followed instead of the CD assessment 
procedures in Procedure 1, section 4.1 of appendix F of this part. If 
this option is selected, the data validation and out-of-control 
provisions in sections 2.1.4 and 2.1.5 of appendix B to part 75 of this 
chapter shall be followed instead of the excessive CD and out-of-control 
criteria in Procedure 1, section 4.3 of appendix F to this part. For the 
purposes of data validation under this

[[Page 200]]

subpart, the excessive CD and out-of-control criteria in Procedure 1, 
section 4.3 of appendix F to this part shall apply to SO2 and 
NOX span values less than 100 ppm;
    (3) As an alternative to meeting the requirements of paragraph 
(w)(1) of this section, an owner or operator may elect to may elect to 
implement the following alternative data accuracy assessment procedures. 
For all required CO2 and O2 CEMS and for 
SO2 and NOX CEMS with span values greater than 30 
ppm, quarterly linearity checks may be performed in accordance with 
section 2.2.1 of appendix B to part 75 of this chapter, instead of 
performing the cylinder gas audits (CGAs) described in Procedure 1, 
section 5.1.2 of appendix F to this part. If this option is selected: 
The frequency of the linearity checks shall be as specified in section 
2.2.1 of appendix B to part 75 of this chapter; the applicable linearity 
specifications in section 3.2 of appendix A to part 75 of this chapter 
shall be met; the data validation and out-of-control criteria in section 
2.2.3 of appendix B to part 75 of this chapter shall be followed instead 
of the excessive audit inaccuracy and out-of-control criteria in 
Procedure 1, section 5.2 of appendix F to this part; and the grace 
period provisions in section 2.2.4 of appendix B to part 75 of this 
chapter shall apply. For the purposes of data validation under this 
subpart, the cylinder gas audits described in Procedure 1, section 5.1.2 
of appendix F to this part shall be performed for SO2 and 
NOX span values less than or equal to 30 ppm;
    (4) As an alternative to meeting the requirements of paragraph 
(w)(1) of this section, an owner or operator may elect to may elect to 
implement the following alternative data accuracy assessment procedures. 
For SO2, CO2, and O2 CEMS and for 
NOX CEMS, RATAs may be performed in accordance with section 
2.3 of appendix B to part 75 of this chapter instead of following the 
procedures described in Procedure 1, section 5.1.1 of appendix F to this 
part. If this option is selected: The frequency of each RATA shall be as 
specified in section 2.3.1 of appendix B to part 75 of this chapter; the 
applicable relative accuracy specifications shown in Figure 2 in 
appendix B to part 75 of this chapter shall be met; the data validation 
and out-of-control criteria in section 2.3.2 of appendix B to part 75 of 
this chapter shall be followed instead of the excessive audit inaccuracy 
and out-of-control criteria in Procedure 1, section 5.2 of appendix F to 
this part; and the grace period provisions in section 2.3.3 of appendix 
B to part 75 of this chapter shall apply. For the purposes of data 
validation under this subpart, the relative accuracy specification in 
section 13.2 of Performance Specification 2 in appendix B to this part 
shall be met on a lb/MMBtu basis for SO2 (regardless of the 
SO2 emission level during the RATA), and for NOX 
when the average NOX emission rate measured by the reference 
method during the RATA is less than 0.100 lb/MMBtu;
    (5) If the owner or operator elects to implement the alternative 
data assessment procedures described in paragraphs (w)(2) through (w)(4) 
of this section, each data assessment report shall include a summary of 
the results of all of the RATAs, linearity checks, CGAs, and calibration 
error or drift assessments required by paragraphs (w)(2) through (w)(4) 
of this section.

[72 FR 32722, June 13, 2007, as amended at 74 FR 5081, Jan. 28, 2009; 76 
FR 3523, Jan. 20, 2011; 77 FR 9456, Feb. 16, 2012; 77 FR 23402, Apr. 19, 
2012; 78 FR 24083, Apr. 24, 2013]



Sec.  60.50Da  Compliance determination procedures and methods.

    (a) In conducting the performance tests required in Sec.  60.8, the 
owner or operator shall use as reference methods and procedures the 
methods in appendix A of this part or the methods and procedures as 
specified in this section, except as provided in Sec.  60.8(b). Section 
60.8(f) does not apply to this section for SO2 and 
NOX. Acceptable alternative methods are given in paragraph 
(e) of this section.
    (b) In conducting the performance tests to determine compliance with 
the PM emissions limits in Sec.  60.42Da, the owner or operator shall 
meet the requirements specified in paragraphs (b)(1) through (3) of this 
section.
    (1) The owner or operator shall measure filterable PM to determine 
compliance with the applicable PM emissions

[[Page 201]]

limit in Sec.  60.42Da as specified in paragraphs (b)(1)(i) through (ii) 
of this section.
    (i) The dry basis F factor (O2) procedures in Method 19 
of appendix A of this part shall be used to compute the emission rate of 
PM.
    (ii) For the PM concentration, Method 5 of appendix A of this part 
shall be used for an affected facility that does not use a wet FGD. For 
an affected facility that uses a wet FGD, Method 5B of appendix A of 
this part shall be used downstream of the wet FGD.
    (A) The sampling time and sample volume for each run shall be at 
least 120 minutes and 1.70 dscm (60 dscf). The probe and filter holder 
heating system in the sampling train may be set to provide an average 
gas temperature of no greater than 160 14 [deg]C (320 25 [deg]F).
    (B) For each particulate run, the emission rate correction factor, 
integrated or grab sampling and analysis procedures of Method 3B of 
appendix A of this part shall be used to determine the O2 
concentration. The O2 sample shall be obtained simultaneously 
with, and at the same traverse points as, the particulate run. If the 
particulate run has more than 12 traverse points, the O2 
traverse points may be reduced to 12 provided that Method 1 of appendix 
A of this part is used to locate the 12 O2 traverse points. 
If the grab sampling procedure is used, the O2 concentration 
for the run shall be the arithmetic mean of the sample O2 
concentrations at all traverse points.
    (2) In conjunction with a performance test performed according to 
the requirements in paragraph (b)(1) of this section, the owner or 
operator of an affected facility for which construction, reconstruction, 
or modification commenced after May 3, 2011, shall measure condensable 
PM using Method 202 of appendix M of part 51.
    (3) Method 9 of appendix A of this part and the procedures in Sec.  
60.11 shall be used to determine opacity.
    (c) The owner or operator shall determine compliance with the 
SO2 standards in Sec.  60.43Da as follows:
    (1) The percent of potential SO2 emissions (%Ps) to the 
atmosphere shall be computed using the following equation:
[GRAPHIC] [TIFF OMITTED] TR13JN07.015

Where:

%Ps = Percent of potential SO2 emissions, percent;
%Rf = Percent reduction from fuel pretreatment, percent; and
%Rg = Percent reduction by SO2 control system, percent.

    (2) The procedures in Method 19 of appendix A of this part may be 
used to determine percent reduction (%Rf) of sulfur by such 
processes as fuel pretreatment (physical coal cleaning, 
hydrodesulfurization of fuel oil, etc.), coal pulverizers, and bottom 
and fly ash interactions. This determination is optional.
    (3) The procedures in Method 19 of appendix A of this part shall be 
used to determine the percent SO2 reduction (%Rg) 
of any SO2 control system. Alternatively, a combination of an 
``as fired'' fuel monitor and emission rates measured after the control 
system, following the procedures in Method 19 of appendix A of this 
part, may be used if the percent reduction is calculated using the 
average emission rate from the SO2 control device and the 
average SO2 input rate from the ``as fired'' fuel analysis 
for 30 successive boiler operating days.
    (4) The appropriate procedures in Method 19 of appendix A of this 
part shall be used to determine the emission rate.
    (5) The CEMS in Sec.  60.49Da(b) and (d) shall be used to determine 
the concentrations of SO2 and CO2 or 
O2.
    (d) The owner or operator shall determine compliance with the 
NOX standard in Sec.  60.44Da as follows:
    (1) The appropriate procedures in Method 19 of appendix A of this 
part shall be used to determine the emission rate of NOX.
    (2) The continuous monitoring system in Sec.  60.49Da(c) and (d) 
shall be used to determine the concentrations of NOX and 
CO2 or O2.
    (e) The owner or operator may use the following as alternatives to 
the reference methods and procedures specified in this section:
    (1) For Method 5 or 5B of appendix A-3 of this part, Method 17 of 
appendix A-

[[Page 202]]

6 of this part may be used at facilities with or without wet FGD systems 
if the stack temperature at the sampling location does not exceed an 
average temperature of 160 [deg]C (320 [deg]F). The procedures of 
sections 8.1 and 11.1 of Method 5B of appendix A-3 of this part may be 
used in Method 17 of appendix A-6 of this part only if it is used after 
wet FGD systems. Method 17 of appendix A-6 of this part shall not be 
used after wet FGD systems if the effluent is saturated or laden with 
water droplets.
    (2) The Fc factor (CO2) procedures in Method 
19 of appendix A of this part may be used to compute the emission rate 
of PM under the stipulations of Sec.  60.46(d)(1). The CO2 
shall be determined in the same manner as the O2 
concentration.
    (f) The owner or operator of an electric utility combined cycle gas 
turbine that does not meet the definition of an IGCC must conduct 
performance tests for PM, SO2, and NOX using the 
procedures of Method 19 of appendix A-7 of this part. The SO2 
and NOX emission rates calculations from the gas turbine used 
in Method 19 of appendix A-7 of this part are determined when the gas 
turbine is performance tested under subpart GG of this part. The 
potential uncontrolled PM emission rate from a gas turbine is defined as 
17 ng/J (0.04 lb/MMBtu) heat input.

[72 FR 32722, June 13, 2007, as amended at 74 FR 5083, Jan. 28, 2009; 77 
FR 9458, Feb. 16, 2012; 78 FR 24084, Apr. 24, 2013]



Sec.  60.51Da  Reporting requirements.

    (a) For SO2, NOX, PM, and NOX plus 
CO emissions, the performance test data from the initial and subsequent 
performance test and from the performance evaluation of the continuous 
monitors (including the transmissometer) must be reported to the 
Administrator.
    (b) For SO2 and NOX the following information 
is reported to the Administrator for each 24-hour period.
    (1) Calendar date.
    (2) The average SO2 and NOX emission rates 
(ng/J, lb/MMBtu, or lb/MWh) for each 30 successive boiler operating 
days, ending with the last 30-day period in the quarter; reasons for 
non-compliance with the emission standards; and, description of 
corrective actions taken.
    (3) For owners or operators of affected facilities complying with 
the percent reduction requirement, percent reduction of the potential 
combustion concentration of SO2 for each 30 successive boiler 
operating days, ending with the last 30-day period in the quarter; 
reasons for non-compliance with the standard; and, description of 
corrective actions taken.
    (4) Identification of the boiler operating days for which pollutant 
or diluent data have not been obtained by an approved method for at 
least 75 percent of the hours of operation of the facility; 
justification for not obtaining sufficient data; and description of 
corrective actions taken.
    (5) Identification of the times when emissions data have been 
excluded from the calculation of average emission rates because of 
startup, shutdown, or malfunction.
    (6) Identification of ``F'' factor used for calculations, method of 
determination, and type of fuel combusted.
    (7) Identification of times when hourly averages have been obtained 
based on manual sampling methods.
    (8) Identification of the times when the pollutant concentration 
exceeded full span of the CEMS.
    (9) Description of any modifications to CEMS which could affect the 
ability of the CEMS to comply with Performance Specifications 2 or 3.
    (c) If the minimum quantity of emission data as required by Sec.  
60.49Da is not obtained for any 30 successive boiler operating days, the 
following information obtained under the requirements of Sec.  
60.48Da(h) is reported to the Administrator for that 30-day period:
    (1) The number of hourly averages available for outlet emission 
rates (no) and inlet emission rates (ni) as applicable.
    (2) The standard deviation of hourly averages for outlet emission 
rates (so) and inlet emission rates (si) as 
applicable.
    (3) The lower confidence limit for the mean outlet emission rate 
(Eo*) and the upper confidence limit for the mean inlet 
emission rate (Ei*) as applicable.
    (4) The applicable potential combustion concentration.
    (5) The ratio of the upper confidence limit for the mean outlet 
emission rate

[[Page 203]]

(Eo*) and the allowable emission rate (Estd) as 
applicable.
    (d) In addition to the applicable requirements in Sec.  60.7, the 
owner or operator of an affected facility subject to the opacity limits 
in Sec.  60.43c(c) and conducting performance tests using Method 9 of 
appendix A-4 of this part shall submit excess emission reports for any 
excess emissions from the affected facility that occur during the 
reporting period and maintain records according to the requirements 
specified in paragraph (d)(1) of this section.
    (1) For each performance test conducted using Method 9 of appendix 
A-4 of this part, the owner or operator shall keep the records including 
the information specified in paragraphs (d)(1)(i) through (iii) of this 
section.
    (i) Dates and time intervals of all opacity observation periods;
    (ii) Name, affiliation, and copy of current visible emission reading 
certification for each visible emission observer participating in the 
performance test; and
    (iii) Copies of all visible emission observer opacity field data 
sheets.
    (2) [Reserved]
    (e) If fuel pretreatment credit toward the SO2 emission 
standard under Sec.  60.43Da is claimed, the owner or operator of the 
affected facility shall submit a signed statement:
    (1) Indicating what percentage cleaning credit was taken for the 
calendar quarter, and whether the credit was determined in accordance 
with the provisions of Sec.  60.50Da and Method 19 of appendix A of this 
part; and
    (2) Listing the quantity, heat content, and date each pretreated 
fuel shipment was received during the previous quarter; the name and 
location of the fuel pretreatment facility; and the total quantity and 
total heat content of all fuels received at the affected facility during 
the previous quarter.
    (f) For any periods for which opacity, SO2 or 
NOX emissions data are not available, the owner or operator 
of the affected facility shall submit a signed statement indicating if 
any changes were made in operation of the emission control system during 
the period of data unavailability. Operations of the control system and 
affected facility during periods of data unavailability are to be 
compared with operation of the control system and affected facility 
before and following the period of data unavailability.
    (g) [Reserved]
    (h) The owner or operator of the affected facility shall submit a 
signed statement indicating whether:
    (1) The required CEMS calibration, span, and drift checks or other 
periodic audits have or have not been performed as specified.
    (2) The data used to show compliance was or was not obtained in 
accordance with approved methods and procedures of this part and is 
representative of plant performance.
    (3) The minimum data requirements have or have not been met; or, the 
minimum data requirements have not been met for errors that were 
unavoidable.
    (4) Compliance with the standards has or has not been achieved 
during the reporting period.
    (i) For the purposes of the reports required under Sec.  60.7, 
periods of excess emissions are defined as all 6-minute periods during 
which the average opacity exceeds the applicable opacity standards under 
Sec.  60.42Da(b). Opacity levels in excess of the applicable opacity 
standard and the date of such excesses are to be submitted to the 
Administrator each calendar quarter.
    (j) The owner or operator of an affected facility shall submit the 
written reports required under this section and subpart A to the 
Administrator semiannually for each six-month period. All semiannual 
reports shall be postmarked by the 30th day following the end of each 
six-month period.
    (k) The owner or operator of an affected facility may submit 
electronic quarterly reports for SO2 and/or NOX 
and/or opacity in lieu of submitting the written reports required under 
paragraphs (b) and (i) of this section. The format of each quarterly 
electronic report shall be coordinated with the permitting authority. 
The electronic report(s) shall be submitted no later than 30 days after 
the end of the calendar quarter and shall be accompanied by a 
certification statement from the owner or operator, indicating whether 
compliance with the applicable emission

[[Page 204]]

standards and minimum data requirements of this subpart was achieved 
during the reporting period.

[72 FR 32722, June 13, 2007, as amended at 74 FR 5083, Jan. 28, 2009; 77 
FR 9458, Feb. 16, 2012]



Sec.  60.52Da  Recordkeeping requirements.

    (a) [Reserved]
    (b) The owner or operator of an affected facility subject to the 
opacity limits in Sec.  60.42Da(b) that elects to monitor emissions 
according to the requirements in Sec.  60.49Da(a)(3) shall maintain 
records according to the requirements specified in paragraphs (b)(1) 
through (3) of this section, as applicable to the visible emissions 
monitoring method used.
    (1) For each performance test conducted using Method 9 of appendix 
A-4 of this part, the owner or operator shall keep the records including 
the information specified in paragraphs (b)(1)(i) through (iii) of this 
section.
    (i) Dates and time intervals of all opacity observation periods;
    (ii) Name, affiliation, and copy of current visible emission reading 
certification for each visible emission observer participating in the 
performance test; and
    (iii) Copies of all visible emission observer opacity field data 
sheets;
    (2) For each performance test conducted using Method 22 of appendix 
A-4 of this part, the owner or operator shall keep the records including 
the information specified in paragraphs (b)(2)(i) through (iv) of this 
section.
    (i) Dates and time intervals of all visible emissions observation 
periods;
    (ii) Name and affiliation for each visible emission observer 
participating in the performance test;
    (iii) Copies of all visible emission observer opacity field data 
sheets; and
    (iv) Documentation of any adjustments made and the time the 
adjustments were completed to the affected facility operation by the 
owner or operator to demonstrate compliance with the applicable 
monitoring requirements.
    (3) For each digital opacity compliance system, the owner or 
operator shall maintain records and submit reports according to the 
requirements specified in the site-specific monitoring plan approved by 
the Administrator.

[74 FR 5083, Jan. 28, 2009, as amended at 77 FR 9459, Feb. 16, 2012]



     Subpart Db_Standards of Performance for Industrial-Commercial-
                  Institutional Steam Generating Units

    Source: 72 FR 32742, June 13, 2007, unless otherwise noted.



Sec.  60.40b  Applicability and delegation of authority.

    (a) The affected facility to which this subpart applies is each 
steam generating unit that commences construction, modification, or 
reconstruction after June 19, 1984, and that has a heat input capacity 
from fuels combusted in the steam generating unit of greater than 29 
megawatts (MW) (100 million British thermal units per hour (MMBtu/hr)).
    (b) Any affected facility meeting the applicability requirements 
under paragraph (a) of this section and commencing construction, 
modification, or reconstruction after June 19, 1984, but on or before 
June 19, 1986, is subject to the following standards:
    (1) Coal-fired affected facilities having a heat input capacity 
between 29 and 73 MW (100 and 250 MMBtu/hr), inclusive, are subject to 
the particulate matter (PM) and nitrogen oxides (NOX) 
standards under this subpart.
    (2) Coal-fired affected facilities having a heat input capacity 
greater than 73 MW (250 MMBtu/hr) and meeting the applicability 
requirements under subpart D (Standards of performance for fossil-fuel-
fired steam generators; Sec.  60.40) are subject to the PM and 
NOX standards under this subpart and to the sulfur dioxide 
(SO2) standards under subpart D (Sec.  60.43).
    (3) Oil-fired affected facilities having a heat input capacity 
between 29 and 73 MW (100 and 250 MMBtu/hr), inclusive, are subject to 
the NOX standards under this subpart.
    (4) Oil-fired affected facilities having a heat input capacity 
greater than 73 MW (250 MMBtu/hr) and meeting the

[[Page 205]]

applicability requirements under subpart D (Standards of performance for 
fossil-fuel-fired steam generators; Sec.  60.40) are also subject to the 
NOX standards under this subpart and the PM and 
SO2 standards under subpart D (Sec. Sec.  60.42 and 60.43).
    (c) Affected facilities that also meet the applicability 
requirements under subpart J or subpart Ja of this part are subject to 
the PM and NOX standards under this subpart and the 
SO2 standards under subpart J or subpart Ja of this part, as 
applicable.
    (d) Affected facilities that also meet the applicability 
requirements under subpart E (Standards of performance for incinerators; 
Sec.  60.50) are subject to the NOX and PM standards under 
this subpart.
    (e) Steam generating units meeting the applicability requirements 
under subpart Da (Standards of performance for electric utility steam 
generating units; Sec.  60.40Da) are not subject to this subpart.
    (f) Any change to an existing steam generating unit for the sole 
purpose of combusting gases containing total reduced sulfur (TRS) as 
defined under Sec.  60.281 is not considered a modification under Sec.  
60.14 and the steam generating unit is not subject to this subpart.
    (g) In delegating implementation and enforcement authority to a 
State under section 111(c) of the Clean Air Act, the following 
authorities shall be retained by the Administrator and not transferred 
to a State.
    (1) Section 60.44b(f).
    (2) Section 60.44b(g).
    (3) Section 60.49b(a)(4).
    (h) Any affected facility that meets the applicability requirements 
and is subject to subpart Ea, subpart Eb, subpart AAAA, or subpart CCCC 
of this part is not subject to this subpart.
    (i) Affected facilities (i.e., heat recovery steam generators) that 
are associated with stationary combustion turbines and that meet the 
applicability requirements of subpart KKKK of this part are not subject 
to this subpart. This subpart will continue to apply to all other 
affected facilities (i.e. heat recovery steam generators with duct 
burners) that are capable of combusting more than 29 MW (100 MMBtu/h) 
heat input of fossil fuel. If the affected facility (i.e. heat recovery 
steam generator) is subject to this subpart, only emissions resulting 
from combustion of fuels in the steam generating unit are subject to 
this subpart. (The stationary combustion turbine emissions are subject 
to subpart GG or KKKK, as applicable, of this part.)
    (j) Any affected facility meeting the applicability requirements 
under paragraph (a) of this section and commencing construction, 
modification, or reconstruction after June 19, 1986 is not subject to 
subpart D (Standards of Performance for Fossil-Fuel-Fired Steam 
Generators, Sec.  60.40).
    (k) Any affected facility that meets the applicability requirements 
and is subject to an EPA approved State or Federal section 111(d)/129 
plan implementing subpart Cb or subpart BBBB of this part is not covered 
by this subpart.
    (l) Affected facilities that also meet the applicability 
requirements under subpart BB of this part (Standards of Performance for 
Kraft Pulp Mills) are subject to the SO2 and NOX 
standards under this subpart and the PM standards under subpart BB.
    (m) Temporary boilers are not subject to this subpart.

[72 FR 32742, June 13, 2007, as amended at 74 FR 5084, Jan. 28, 2009; 77 
FR 9459, Feb. 16, 2012]



Sec.  60.41b  Definitions.

    As used in this subpart, all terms not defined herein shall have the 
meaning given them in the Clean Air Act and in subpart A of this part.
    Annual capacity factor means the ratio between the actual heat input 
to a steam generating unit from the fuels listed in Sec.  60.42b(a), 
Sec.  60.43b(a), or Sec.  60.44b(a), as applicable, during a calendar 
year and the potential heat input to the steam generating unit had it 
been operated for 8,760 hours during a calendar year at the maximum 
steady state design heat input capacity. In the case of steam generating 
units that are rented or leased, the actual heat input shall be 
determined based on the combined heat input from all operations of the 
affected facility in a calendar year.
    Byproduct/waste means any liquid or gaseous substance produced at 
chemical manufacturing plants, petroleum

[[Page 206]]

refineries, or pulp and paper mills (except natural gas, distillate oil, 
or residual oil) and combusted in a steam generating unit for heat 
recovery or for disposal. Gaseous substances with carbon dioxide 
(CO2) levels greater than 50 percent or carbon monoxide 
levels greater than 10 percent are not byproduct/waste for the purpose 
of this subpart.
    Chemical manufacturing plants mean industrial plants that are 
classified by the Department of Commerce under Standard Industrial 
Classification (SIC) Code 28.
    Coal means all solid fuels classified as anthracite, bituminous, 
subbituminous, or lignite by the American Society of Testing and 
Materials in ASTM D388 (incorporated by reference, see Sec.  60.17), 
coal refuse, and petroleum coke. Coal-derived synthetic fuels, including 
but not limited to solvent refined coal, gasified coal not meeting the 
definition of natural gas, coal-oil mixtures, coke oven gas, and coal-
water mixtures, are also included in this definition for the purposes of 
this subpart.
    Coal refuse means any byproduct of coal mining or coal cleaning 
operations with an ash content greater than 50 percent, by weight, and a 
heating value less than 13,900 kJ/kg (6,000 Btu/lb) on a dry basis.
    Cogeneration, also known as combined heat and power, means a 
facility that simultaneously produces both electric (or mechanical) and 
useful thermal energy from the same primary energy source.
    Coke oven gas means the volatile constituents generated in the 
gaseous exhaust during the carbonization of bituminous coal to form 
coke.
    Combined cycle system means a system in which a separate source, 
such as a gas turbine, internal combustion engine, kiln, etc., provides 
exhaust gas to a steam generating unit.
    Conventional technology means wet flue gas desulfurization (FGD) 
technology, dry FGD technology, atmospheric fluidized bed combustion 
technology, and oil hydrodesulfurization technology.
    Distillate oil means fuel oils that contain 0.05 weight percent 
nitrogen or less and comply with the specifications for fuel oil numbers 
1 and 2, as defined by the American Society of Testing and Materials in 
ASTM D396 (incorporated by reference, see Sec.  60.17), diesel fuel oil 
numbers 1 and 2, as defined by the American Society for Testing and 
Materials in ASTM D975 (incorporated by reference, see Sec.  60.17), 
kerosine, as defined by the American Society of Testing and Materials in 
ASTM D3699 (incorporated by reference, see Sec.  60.17), biodiesel as 
defined by the American Society of Testing and Materials in ASTM D6751 
(incorporated by reference, see Sec.  60.17), or biodiesel blends as 
defined by the American Society of Testing and Materials in ASTM D7467 
(incorporated by reference, see Sec.  60.17).
    Dry flue gas desulfurization technology means a SO2 
control system that is located downstream of the steam generating unit 
and removes sulfur oxides from the combustion gases of the steam 
generating unit by contacting the combustion gases with an alkaline 
reagent and water, whether introduced separately or as a premixed slurry 
or solution and forming a dry powder material. This definition includes 
devices where the dry powder material is subsequently converted to 
another form. Alkaline slurries or solutions used in dry flue gas 
desulfurization technology include but are not limited to lime and 
sodium.
    Duct burner means a device that combusts fuel and that is placed in 
the exhaust duct from another source, such as a stationary gas turbine, 
internal combustion engine, kiln, etc., to allow the firing of 
additional fuel to heat the exhaust gases before the exhaust gases enter 
a steam generating unit.
    Emerging technology means any SO2 control system that is 
not defined as a conventional technology under this section, and for 
which the owner or operator of the facility has applied to the 
Administrator and received approval to operate as an emerging technology 
under Sec.  60.49b(a)(4).
    Federally enforceable means all limitations and conditions that are 
enforceable by the Administrator, including the requirements of 40 CFR 
parts 60 and 61, requirements within any applicable State Implementation 
Plan, and any permit requirements established

[[Page 207]]

under 40 CFR 52.21 or under 40 CFR 51.18 and 51.24.
    Fluidized bed combustion technology means combustion of fuel in a 
bed or series of beds (including but not limited to bubbling bed units 
and circulating bed units) of limestone aggregate (or other sorbent 
materials) in which these materials are forced upward by the flow of 
combustion air and the gaseous products of combustion.
    Fuel pretreatment means a process that removes a portion of the 
sulfur in a fuel before combustion of the fuel in a steam generating 
unit.
    Full capacity means operation of the steam generating unit at 90 
percent or more of the maximum steady-state design heat input capacity.
    Gaseous fuel means any fuel that is a gas at ISO conditions. This 
includes, but is not limited to, natural gas and gasified coal 
(including coke oven gas).
    Gross output means the gross useful work performed by the steam 
generated. For units generating only electricity, the gross useful work 
performed is the gross electrical output from the turbine/generator set. 
For cogeneration units, the gross useful work performed is the gross 
electrical or mechanical output plus 75 percent of the useful thermal 
output measured relative to ISO conditions that is not used to generate 
additional electrical or mechanical output or to enhance the performance 
of the unit (i.e., steam delivered to an industrial process).
    Heat input means heat derived from combustion of fuel in a steam 
generating unit and does not include the heat derived from preheated 
combustion air, recirculated flue gases, or exhaust gases from other 
sources, such as gas turbines, internal combustion engines, kilns, etc.
    Heat release rate means the steam generating unit design heat input 
capacity (in MW or Btu/hr) divided by the furnace volume (in cubic 
meters or cubic feet); the furnace volume is that volume bounded by the 
front furnace wall where the burner is located, the furnace side 
waterwall, and extending to the level just below or in front of the 
first row of convection pass tubes.
    Heat transfer medium means any material that is used to transfer 
heat from one point to another point.
    High heat release rate means a heat release rate greater than 
730,000 J/sec-m\3\ (70,000 Btu/hr-ft\3\).
    ISO Conditions means a temperature of 288 Kelvin, a relative 
humidity of 60 percent, and a pressure of 101.3 kilopascals.
    Lignite means a type of coal classified as lignite A or lignite B by 
the American Society of Testing and Materials in ASTM D388 (incorporated 
by reference, see Sec.  60.17).
    Low heat release rate means a heat release rate of 730,000 J/sec-
m\3\ (70,000 Btu/hr-ft\3\) or less.
    Mass-feed stoker steam generating unit means a steam generating unit 
where solid fuel is introduced directly into a retort or is fed directly 
onto a grate where it is combusted.
    Maximum heat input capacity means the ability of a steam generating 
unit to combust a stated maximum amount of fuel on a steady state basis, 
as determined by the physical design and characteristics of the steam 
generating unit.
    Municipal-type solid waste means refuse, more than 50 percent of 
which is waste consisting of a mixture of paper, wood, yard wastes, food 
wastes, plastics, leather, rubber, and other combustible materials, and 
noncombustible materials such as glass and rock.
    Natural gas means:
    (1) A naturally occurring mixture of hydrocarbon and nonhydrocarbon 
gases found in geologic formations beneath the earth's surface, of which 
the principal constituent is methane; or
    (2) Liquefied petroleum gas, as defined by the American Society for 
Testing and Materials in ASTM D1835 (incorporated by reference, see 
Sec.  60.17); or
    (3) A mixture of hydrocarbons that maintains a gaseous state at ISO 
conditions. Additionally, natural gas must either be composed of at 
least 70 percent methane by volume or have a gross calorific value 
between 34 and 43 megajoules (MJ) per dry standard cubic meter (910 and 
1,150 Btu per dry standard cubic foot).
    Noncontinental area means the State of Hawaii, the Virgin Islands, 
Guam, American Samoa, the Commonwealth of Puerto Rico, or the Northern 
Mariana Islands.

[[Page 208]]

    Oil means crude oil or petroleum or a liquid fuel derived from crude 
oil or petroleum, including distillate and residual oil.
    Petroleum refinery means industrial plants as classified by the 
Department of Commerce under Standard Industrial Classification (SIC) 
Code 29.
    Potential sulfur dioxide emission rate means the theoretical 
SO2 emissions (nanograms per joule (ng/J) or lb/MMBtu heat 
input) that would result from combusting fuel in an uncleaned state and 
without using emission control systems. For gasified coal or oil that is 
desulfurized prior to combustion, the Potential sulfur dioxide emission 
rate is the theoretical SO2 emissions (ng/J or lb/MMBtu heat 
input) that would result from combusting fuel in a cleaned state without 
using any post combustion emission control systems.
    Process heater means a device that is primarily used to heat a 
material to initiate or promote a chemical reaction in which the 
material participates as a reactant or catalyst.
    Pulp and paper mills means industrial plants that are classified by 
the Department of Commerce under North American Industry Classification 
System (NAICS) Code 322 or Standard Industrial Classification (SIC) Code 
26.
    Pulverized coal-fired steam generating unit means a steam generating 
unit in which pulverized coal is introduced into an air stream that 
carries the coal to the combustion chamber of the steam generating unit 
where it is fired in suspension. This includes both conventional 
pulverized coal-fired and micropulverized coal-fired steam generating 
units. Residual oil means crude oil, fuel oil numbers 1 and 2 that have 
a nitrogen content greater than 0.05 weight percent, and all fuel oil 
numbers 4, 5 and 6, as defined by the American Society of Testing and 
Materials in ASTM D396 (incorporated by reference, see Sec.  60.17).
    Spreader stoker steam generating unit means a steam generating unit 
in which solid fuel is introduced to the combustion zone by a mechanism 
that throws the fuel onto a grate from above. Combustion takes place 
both in suspension and on the grate.
    Steam generating unit means a device that combusts any fuel or 
byproduct/waste and produces steam or heats water or heats any heat 
transfer medium. This term includes any municipal-type solid waste 
incinerator with a heat recovery steam generating unit or any steam 
generating unit that combusts fuel and is part of a cogeneration system 
or a combined cycle system. This term does not include process heaters 
as they are defined in this subpart.
    Steam generating unit operating day means a 24-hour period between 
12:00 midnight and the following midnight during which any fuel is 
combusted at any time in the steam generating unit. It is not necessary 
for fuel to be combusted continuously for the entire 24-hour period.
    Temporary boiler means any gaseous or liquid fuel-fired steam 
generating unit that is designed to, and is capable of, being carried or 
moved from one location to another by means of, for example, wheels, 
skids, carrying handles, dollies, trailers, or platforms. A steam 
generating unit is not a temporary boiler if any one of the following 
conditions exists:
    (1) The equipment is attached to a foundation.
    (2) The steam generating unit or a replacement remains at a location 
for more than 180 consecutive days. Any temporary boiler that replaces a 
temporary boiler at a location and performs the same or similar function 
will be included in calculating the consecutive time period.
    (3) The equipment is located at a seasonal facility and operates 
during the full annual operating period of the seasonal facility, 
remains at the facility for at least 2 years, and operates at that 
facility for at least 3 months each year.
    (4) The equipment is moved from one location to another in an 
attempt to circumvent the residence time requirements of this 
definition.
    Very low sulfur oil means for units constructed, reconstructed, or 
modified on or before February 28, 2005, oil that contains no more than 
0.5 weight percent sulfur or that, when combusted without SO2 
emission control, has a SO2 emission rate equal to or less 
than

[[Page 209]]

215 ng/J (0.5 lb/MMBtu) heat input. For units constructed, 
reconstructed, or modified after February 28, 2005 and not located in a 
noncontinental area, very low sulfur oil means oil that contains no more 
than 0.30 weight percent sulfur or that, when combusted without 
SO2 emission control, has a SO2 emission rate 
equal to or less than 140 ng/J (0.32 lb/MMBtu) heat input. For units 
constructed, reconstructed, or modified after February 28, 2005 and 
located in a noncontinental area, very low sulfur oil means oil that 
contains no more than 0.5 weight percent sulfur or that, when combusted 
without SO2 emission control, has a SO2 emission 
rate equal to or less than 215 ng/J (0.50 lb/MMBtu) heat input.
    Wet flue gas desulfurization technology means a SO2 
control system that is located downstream of the steam generating unit 
and removes sulfur oxides from the combustion gases of the steam 
generating unit by contacting the combustion gas with an alkaline slurry 
or solution and forming a liquid material. This definition applies to 
devices where the aqueous liquid material product of this contact is 
subsequently converted to other forms. Alkaline reagents used in wet 
flue gas desulfurization technology include, but are not limited to, 
lime, limestone, and sodium.
    Wet scrubber system means any emission control device that mixes an 
aqueous stream or slurry with the exhaust gases from a steam generating 
unit to control emissions of PM or SO2.
    Wood means wood, wood residue, bark, or any derivative fuel or 
residue thereof, in any form, including, but not limited to, sawdust, 
sanderdust, wood chips, scraps, slabs, millings, shavings, and processed 
pellets made from wood or other forest residues.

[72 FR 32742, June 13, 2007, as amended at 74 FR 5084, Jan. 28, 2009; 77 
FR 9459, Feb. 16, 2012]



Sec.  60.42b  Standard for sulfur dioxide (SO2).

    (a) Except as provided in paragraphs (b), (c), (d), or (j) of this 
section, on and after the date on which the performance test is 
completed or required to be completed under Sec.  60.8, whichever comes 
first, no owner or operator of an affected facility that commenced 
construction, reconstruction, or modification on or before February 28, 
2005, that combusts coal or oil shall cause to be discharged into the 
atmosphere any gases that contain SO2 in excess of 87 ng/J 
(0.20 lb/MMBtu) or 10 percent (0.10) of the potential SO2 
emission rate (90 percent reduction) and the emission limit determined 
according to the following formula:
[GRAPHIC] [TIFF OMITTED] TR28JA09.003

Where:

Es = SO2 emission limit, in ng/J or lb/MMBtu heat 
          input;
Ka = 520 ng/J (or 1.2 lb/MMBtu);
Kb = 340 ng/J (or 0.80 lb/MMBtu);
Ha = Heat input from the combustion of coal, in J (MMBtu); 
          and
Hb = Heat input from the combustion of oil, in J (MMBtu).

    For facilities complying with the percent reduction standard, only 
the heat input supplied to the affected facility from the combustion of 
coal and oil is counted in this paragraph. No credit is provided for the 
heat input to the affected facility from the combustion of natural gas, 
wood, municipal-type solid waste, or other fuels or heat derived from 
exhaust gases from other sources, such as gas turbines, internal 
combustion engines, kilns, etc.
    (b) On and after the date on which the performance test is completed 
or required to be completed under Sec.  60.8, whichever date comes 
first, no owner or operator of an affected facility that commenced 
construction, reconstruction, or modification on or before February 28, 
2005, that combusts coal refuse alone in a fluidized bed combustion 
steam generating unit shall cause to be discharged into the atmosphere 
any gases that contain SO2 in excess of 87 ng/J (0.20 lb/
MMBtu) or 20 percent (0.20) of the potential SO2 emission 
rate (80 percent reduction) and 520 ng/J (1.2 lb/MMBtu) heat input. If 
coal or oil is fired with coal refuse, the affected facility is subject 
to paragraph (a) or (d) of this section, as applicable. For facilities 
complying with the percent reduction standard, only the heat input 
supplied to the affected facility from

[[Page 210]]

the combustion of coal and oil is counted in this paragraph. No credit 
is provided for the heat input to the affected facility from the 
combustion of natural gas, wood, municipal-type solid waste, or other 
fuels or heat derived from exhaust gases from other sources, such as gas 
turbines, internal combustion engines, kilns, etc.
    (c) On and after the date on which the performance test is completed 
or is required to be completed under Sec.  60.8, whichever comes first, 
no owner or operator of an affected facility that combusts coal or oil, 
either alone or in combination with any other fuel, and that uses an 
emerging technology for the control of SO2 emissions, shall 
cause to be discharged into the atmosphere any gases that contain 
SO2 in excess of 50 percent of the potential SO2 
emission rate (50 percent reduction) and that contain SO2 in 
excess of the emission limit determined according to the following 
formula:

[GRAPHIC] [TIFF OMITTED] TR28JA09.004

Where:

Es = SO2 emission limit, in ng/J or lb/MM Btu heat input;
Kc = 260 ng/J (or 0.60 lb/MMBtu);
Kd = 170 ng/J (or 0.40 lb/MMBtu);
Hc = Heat input from the combustion of coal, in J (MMBtu); 
          and
Hd = Heat input from the combustion of oil, in J (MMBtu).

    For facilities complying with the percent reduction standard, only 
the heat input supplied to the affected facility from the combustion of 
coal and oil is counted in this paragraph. No credit is provided for the 
heat input to the affected facility from the combustion of natural gas, 
wood, municipal-type solid waste, or other fuels, or from the heat input 
derived from exhaust gases from other sources, such as gas turbines, 
internal combustion engines, kilns, etc.
    (d) On and after the date on which the performance test is completed 
or required to be completed under Sec.  60.8, whichever comes first, no 
owner or operator of an affected facility that commenced construction, 
reconstruction, or modification on or before February 28, 2005 and 
listed in paragraphs (d)(1), (2), (3), or (4) of this section shall 
cause to be discharged into the atmosphere any gases that contain 
SO2 in excess of 520 ng/J (1.2 lb/MMBtu) heat input if the 
affected facility combusts coal, or 215 ng/J (0.5 lb/MMBtu) heat input 
if the affected facility combusts oil other than very low sulfur oil. 
Percent reduction requirements are not applicable to affected facilities 
under paragraphs (d)(1), (2), (3) or (4) of this section. For facilities 
complying with paragraphs (d)(1), (2), or (3) of this section, only the 
heat input supplied to the affected facility from the combustion of coal 
and oil is counted in this paragraph. No credit is provided for the heat 
input to the affected facility from the combustion of natural gas, wood, 
municipal-type solid waste, or other fuels or heat derived from exhaust 
gases from other sources, such as gas turbines, internal combustion 
engines, kilns, etc.
    (1) Affected facilities that have an annual capacity factor for coal 
and oil of 30 percent (0.30) or less and are subject to a federally 
enforceable permit limiting the operation of the affected facility to an 
annual capacity factor for coal and oil of 30 percent (0.30) or less;
    (2) Affected facilities located in a noncontinental area; or
    (3) Affected facilities combusting coal or oil, alone or in 
combination with any fuel, in a duct burner as part of a combined cycle 
system where 30 percent (0.30) or less of the heat entering the steam 
generating unit is from combustion of coal and oil in the duct burner 
and 70 percent (0.70) or more of the heat entering the steam generating 
unit is from the exhaust gases entering the duct burner; or
    (4) The affected facility burns coke oven gas alone or in 
combination with natural gas or very low sulfur distillate oil.
    (e) Except as provided in paragraph (f) of this section, compliance 
with the emission limits, fuel oil sulfur limits, and/or percent 
reduction requirements under this section are determined on a 30-day 
rolling average basis.
    (f) Except as provided in paragraph (j)(2) of this section, 
compliance with the emission limits or fuel oil sulfur limits under this 
section is determined

[[Page 211]]

on a 24-hour average basis for affected facilities that (1) have a 
federally enforceable permit limiting the annual capacity factor for oil 
to 10 percent or less, (2) combust only very low sulfur oil, and (3) do 
not combust any other fuel.
    (g) Except as provided in paragraph (i) of this section and Sec.  
60.45b(a), the SO2 emission limits and percent reduction 
requirements under this section apply at all times, including periods of 
startup, shutdown, and malfunction.
    (h) Reductions in the potential SO2 emission rate through 
fuel pretreatment are not credited toward the percent reduction 
requirement under paragraph (c) of this section unless:
    (1) Fuel pretreatment results in a 50 percent or greater reduction 
in potential SO2 emissions and
    (2) Emissions from the pretreated fuel (without combustion or post-
combustion SO2 control) are equal to or less than the 
emission limits specified in paragraph (c) of this section.
    (i) An affected facility subject to paragraph (a), (b), or (c) of 
this section may combust very low sulfur oil or natural gas when the 
SO2 control system is not being operated because of 
malfunction or maintenance of the SO2 control system.
    (j) Percent reduction requirements are not applicable to affected 
facilities combusting only very low sulfur oil. The owner or operator of 
an affected facility combusting very low sulfur oil shall demonstrate 
that the oil meets the definition of very low sulfur oil by: (1) 
Following the performance testing procedures as described in Sec.  
60.45b(c) or Sec.  60.45b(d), and following the monitoring procedures as 
described in Sec.  60.47b(a) or Sec.  60.47b(b) to determine 
SO2 emission rate or fuel oil sulfur content; or (2) 
maintaining fuel records as described in Sec.  60.49b(r).
    (k)(1) Except as provided in paragraphs (k)(2), (k)(3), and (k)(4) 
of this section, on and after the date on which the initial performance 
test is completed or is required to be completed under Sec.  60.8, 
whichever date comes first, no owner or operator of an affected facility 
that commences construction, reconstruction, or modification after 
February 28, 2005, and that combusts coal, oil, natural gas, a mixture 
of these fuels, or a mixture of these fuels with any other fuels shall 
cause to be discharged into the atmosphere any gases that contain 
SO2 in excess of 87 ng/J (0.20 lb/MMBtu) heat input or 8 
percent (0.08) of the potential SO2 emission rate (92 percent 
reduction) and 520 ng/J (1.2 lb/MMBtu) heat input. For facilities 
complying with the percent reduction standard and paragraph (k)(3) of 
this section, only the heat input supplied to the affected facility from 
the combustion of coal and oil is counted in paragraph (k) of this 
section. No credit is provided for the heat input to the affected 
facility from the combustion of natural gas, wood, municipal-type solid 
waste, or other fuels or heat derived from exhaust gases from other 
sources, such as gas turbines, internal combustion engines, kilns, etc.
    (2) Units firing only very low sulfur oil, gaseous fuel, a mixture 
of these fuels, or a mixture of these fuels with any other fuels with a 
potential SO2 emission rate of 140 ng/J (0.32 lb/MMBtu) heat 
input or less are exempt from the SO2 emissions limit in 
paragraph (k)(1) of this section.
    (3) Units that are located in a noncontinental area and that combust 
coal, oil, or natural gas shall not discharge any gases that contain 
SO2 in excess of 520 ng/J (1.2 lb/MMBtu) heat input if the 
affected facility combusts coal, or 215 ng/J (0.50 lb/MMBtu) heat input 
if the affected facility combusts oil or natural gas.
    (4) As an alternative to meeting the requirements under paragraph 
(k)(1) of this section, modified facilities that combust coal or a 
mixture of coal with other fuels shall not cause to be discharged into 
the atmosphere any gases that contain SO2 in excess of 87 ng/
J (0.20 lb/MMBtu) heat input or 10 percent (0.10) of the potential 
SO2 emission rate (90 percent reduction) and 520 ng/J (1.2 
lb/MMBtu) heat input.

[72 FR 32742, June 13, 2007, as amended at 74 FR 5084, Jan. 28, 2009; 76 
FR 3523, Jan. 20, 2011]



Sec.  60.43b  Standard for particulate matter (PM).

    (a) On and after the date on which the initial performance test is 
completed or is required to be completed

[[Page 212]]

under Sec.  60.8, whichever comes first, no owner or operator of an 
affected facility that commenced construction, reconstruction, or 
modification on or before February 28, 2005 that combusts coal or 
combusts mixtures of coal with other fuels, shall cause to be discharged 
into the atmosphere from that affected facility any gases that contain 
PM in excess of the following emission limits:
    (1) 22 ng/J (0.051 lb/MMBtu) heat input, (i) If the affected 
facility combusts only coal, or
    (ii) If the affected facility combusts coal and other fuels and has 
an annual capacity factor for the other fuels of 10 percent (0.10) or 
less.
    (2) 43 ng/J (0.10 lb/MMBtu) heat input if the affected facility 
combusts coal and other fuels and has an annual capacity factor for the 
other fuels greater than 10 percent (0.10) and is subject to a federally 
enforceable requirement limiting operation of the affected facility to 
an annual capacity factor greater than 10 percent (0.10) for fuels other 
than coal.
    (3) 86 ng/J (0.20 lb/MMBtu) heat input if the affected facility 
combusts coal or coal and other fuels and
    (i) Has an annual capacity factor for coal or coal and other fuels 
of 30 percent (0.30) or less,
    (ii) Has a maximum heat input capacity of 73 MW (250 MMBtu/hr) or 
less,
    (iii) Has a federally enforceable requirement limiting operation of 
the affected facility to an annual capacity factor of 30 percent (0.30) 
or less for coal or coal and other solid fuels, and
    (iv) Construction of the affected facility commenced after June 19, 
1984, and before November 25, 1986.
    (4) An affected facility burning coke oven gas alone or in 
combination with other fuels not subject to a PM standard under Sec.  
60.43b and not using a post-combustion technology (except a wet 
scrubber) for reducing PM or SO2 emissions is not subject to 
the PM limits under Sec.  60.43b(a).
    (b) On and after the date on which the performance test is completed 
or required to be completed under Sec.  60.8, whichever comes first, no 
owner or operator of an affected facility that commenced construction, 
reconstruction, or modification on or before February 28, 2005, and that 
combusts oil (or mixtures of oil with other fuels) and uses a 
conventional or emerging technology to reduce SO2 emissions 
shall cause to be discharged into the atmosphere from that affected 
facility any gases that contain PM in excess of 43 ng/J (0.10 lb/MMBtu) 
heat input.
    (c) On and after the date on which the initial performance test is 
completed or is required to be completed under Sec.  60.8, whichever 
comes first, no owner or operator of an affected facility that commenced 
construction, reconstruction, or modification on or before February 28, 
2005, and that combusts wood, or wood with other fuels, except coal, 
shall cause to be discharged from that affected facility any gases that 
contain PM in excess of the following emission limits:
    (1) 43 ng/J (0.10 lb/MMBtu) heat input if the affected facility has 
an annual capacity factor greater than 30 percent (0.30) for wood.
    (2) 86 ng/J (0.20 lb/MMBtu) heat input if (i) The affected facility 
has an annual capacity factor of 30 percent (0.30) or less for wood;
    (ii) Is subject to a federally enforceable requirement limiting 
operation of the affected facility to an annual capacity factor of 30 
percent (0.30) or less for wood; and
    (iii) Has a maximum heat input capacity of 73 MW (250 MMBtu/hr) or 
less.
    (d) On and after the date on which the initial performance test is 
completed or is required to be completed under Sec.  60.8, whichever 
date comes first, no owner or operator of an affected facility that 
combusts municipal-type solid waste or mixtures of municipal-type solid 
waste with other fuels, shall cause to be discharged into the atmosphere 
from that affected facility any gases that contain PM in excess of the 
following emission limits:
    (1) 43 ng/J (0.10 lb/MMBtu) heat input;
    (i) If the affected facility combusts only municipal-type solid 
waste; or
    (ii) If the affected facility combusts municipal-type solid waste 
and other fuels and has an annual capacity factor for the other fuels of 
10 percent (0.10) or less.

[[Page 213]]

    (2) 86 ng/J (0.20 lb/MMBtu) heat input if the affected facility 
combusts municipal-type solid waste or municipal-type solid waste and 
other fuels; and
    (i) Has an annual capacity factor for municipal-type solid waste and 
other fuels of 30 percent (0.30) or less;
    (ii) Has a maximum heat input capacity of 73 MW (250 MMBtu/hr) or 
less;
    (iii) Has a federally enforceable requirement limiting operation of 
the affected facility to an annual capacity factor of 30 percent (0.30) 
or less for municipal-type solid waste, or municipal-type solid waste 
and other fuels; and
    (iv) Construction of the affected facility commenced after June 19, 
1984, but on or before November 25, 1986.
    (e) For the purposes of this section, the annual capacity factor is 
determined by dividing the actual heat input to the steam generating 
unit during the calendar year from the combustion of coal, wood, or 
municipal-type solid waste, and other fuels, as applicable, by the 
potential heat input to the steam generating unit if the steam 
generating unit had been operated for 8,760 hours at the maximum heat 
input capacity.
    (f) On and after the date on which the initial performance test is 
completed or is required to be completed under Sec.  60.8, whichever 
date comes first, no owner or operator of an affected facility that 
combusts coal, oil, wood, or mixtures of these fuels with any other 
fuels shall cause to be discharged into the atmosphere any gases that 
exhibit greater than 20 percent opacity (6-minute average), except for 
one 6-minute period per hour of not more than 27 percent opacity. An 
owner or operator of an affected facility that elects to install, 
calibrate, maintain, and operate a continuous emissions monitoring 
system (CEMS) for measuring PM emissions according to the requirements 
of this subpart and is subject to a federally enforceable PM limit of 
0.030 lb/MMBtu or less is exempt from the opacity standard specified in 
this paragraph.
    (g) The PM and opacity standards apply at all times, except during 
periods of startup, shutdown, or malfunction.
    (h)(1) Except as provided in paragraphs (h)(2), (h)(3), (h)(4), 
(h)(5), and (h)(6) of this section, on and after the date on which the 
initial performance test is completed or is required to be completed 
under Sec.  60.8, whichever date comes first, no owner or operator of an 
affected facility that commenced construction, reconstruction, or 
modification after February 28, 2005, and that combusts coal, oil, wood, 
a mixture of these fuels, or a mixture of these fuels with any other 
fuels shall cause to be discharged into the atmosphere from that 
affected facility any gases that contain PM in excess of 13 ng/J (0.030 
lb/MMBtu) heat input,
    (2) As an alternative to meeting the requirements of paragraph 
(h)(1) of this section, the owner or operator of an affected facility 
for which modification commenced after February 28, 2005, may elect to 
meet the requirements of this paragraph. On and after the date on which 
the initial performance test is completed or required to be completed 
under Sec.  60.8, no owner or operator of an affected facility that 
commences modification after February 28, 2005 shall cause to be 
discharged into the atmosphere from that affected facility any gases 
that contain PM in excess of both:
    (i) 22 ng/J (0.051 lb/MMBtu) heat input derived from the combustion 
of coal, oil, wood, a mixture of these fuels, or a mixture of these 
fuels with any other fuels; and
    (ii) 0.2 percent of the combustion concentration (99.8 percent 
reduction) when combusting coal, oil, wood, a mixture of these fuels, or 
a mixture of these fuels with any other fuels.
    (3) On and after the date on which the initial performance test is 
completed or is required to be completed under Sec.  60.8, whichever 
date comes first, no owner or operator of an affected facility that 
commences modification after February 28, 2005, and that combusts over 
30 percent wood (by heat input) on an annual basis and has a maximum 
heat input capacity of 73 MW (250 MMBtu/h) or less shall cause to be 
discharged into the atmosphere from that affected facility any gases 
that contain PM in excess of 43 ng/J (0.10 lb/MMBtu) heat input.

[[Page 214]]

    (4) On and after the date on which the initial performance test is 
completed or is required to be completed under Sec.  60.8, whichever 
date comes first, no owner or operator of an affected facility that 
commences modification after February 28, 2005, and that combusts over 
30 percent wood (by heat input) on an annual basis and has a maximum 
heat input capacity greater than 73 MW (250 MMBtu/h) shall cause to be 
discharged into the atmosphere from that affected facility any gases 
that contain PM in excess of 37 ng/J (0.085 lb/MMBtu) heat input.
    (5) On and after the date on which the initial performance test is 
completed or is required to be completed under Sec.  60.8, whichever 
date comes first, an owner or operator of an affected facility not 
located in a noncontinental area that commences construction, 
reconstruction, or modification after February 28, 2005, and that 
combusts only oil that contains no more than 0.30 weight percent sulfur, 
coke oven gas, a mixture of these fuels, or either fuel (or a mixture of 
these fuels) in combination with other fuels not subject to a PM 
standard in Sec.  60.43b and not using a post-combustion technology 
(except a wet scrubber) to reduce SO2 or PM emissions is not 
subject to the PM limits in (h)(1) of this section.
    (6) On and after the date on which the initial performance test is 
completed or is required to be completed under Sec.  60.8, whichever 
date comes first, an owner or operator of an affected facility located 
in a noncontinental area that commences construction, reconstruction, or 
modification after February 28, 2005, and that combusts only oil that 
contains no more than 0.5 weight percent sulfur, coke oven gas, a 
mixture of these fuels, or either fuel (or a mixture of these fuels) in 
combination with other fuels not subject to a PM standard in Sec.  
60.43b and not using a post-combustion technology (except a wet 
scrubber) to reduce SO2 or PM emissions is not subject to the 
PM limits in (h)(1) of this section.

[72 FR 32742, June 13, 2007, as amended at 74 FR 5084, Jan. 28, 2009; 77 
FR 9459, Feb. 16, 2012]



Sec.  60.44b  Standard for nitrogen oxides (NO2).

    (a) Except as provided under paragraphs (k) and (l) of this section, 
on and after the date on which the initial performance test is completed 
or is required to be completed under Sec.  60.8, whichever date comes 
first, no owner or operator of an affected facility that is subject to 
the provisions of this section and that combusts only coal, oil, or 
natural gas shall cause to be discharged into the atmosphere from that 
affected facility any gases that contain NOX (expressed as 
NO2) in excess of the following emission limits:

------------------------------------------------------------------------
                                                 Nitrogen oxide emission
                                                  limits (expressed as
        Fuel/steam generating unit type              NO2) heat input
                                               -------------------------
                                                    ng/J       lb/MMBTu
------------------------------------------------------------------------
(1) Natural gas and distillate oil, except
 (4):
    (i) Low heat release rate.................           43         0.10
    (ii) High heat release rate...............           86         0.20
(2) Residual oil:
    (i) Low heat release rate.................          130         0.30
    (ii) High heat release rate...............          170         0.40
(3) Coal:
    (i) Mass-feed stoker......................          210         0.50
    (ii) Spreader stoker and fluidized bed              260         0.60
     combustion...............................
    (iii) Pulverized coal.....................          300         0.70
    (iv) Lignite, except (v)..................          260         0.60
    (v) Lignite mined in North Dakota, South            340         0.80
     Dakota, or Montana and combusted in a
     slag tap furnace.........................
    (vi) Coal-derived synthetic fuels.........          210         0.50
(4) Duct burner used in a combined cycle
 system:
    (i) Natural gas and distillate oil........           86         0.20
    (ii) Residual oil.........................          170         0.40
------------------------------------------------------------------------


[[Page 215]]

    (b) Except as provided under paragraphs (k) and (l) of this section, 
on and after the date on which the initial performance test is completed 
or is required to be completed under Sec.  60.8, whichever date comes 
first, no owner or operator of an affected facility that simultaneously 
combusts mixtures of only coal, oil, or natural gas shall cause to be 
discharged into the atmosphere from that affected facility any gases 
that contain NOX in excess of a limit determined by the use 
of the following formula:
[GRAPHIC] [TIFF OMITTED] TR13JN07.024

Where:

En = NOX emission limit (expressed as 
          NO2), ng/J (lb/MMBtu);
ELgo = Appropriate emission limit from paragraph (a)(1) for 
          combustion of natural gas or distillate oil, ng/J (lb/MMBtu);
Hgo = Heat input from combustion of natural gas or distillate 
          oil, J (MMBtu);
ELro = Appropriate emission limit from paragraph (a)(2) for 
          combustion of residual oil, ng/J (lb/MMBtu);
Hro = Heat input from combustion of residual oil, J (MMBtu);
ELc = Appropriate emission limit from paragraph (a)(3) for 
          combustion of coal, ng/J (lb/MMBtu); and
Hc = Heat input from combustion of coal, J (MMBtu).

    (c) Except as provided under paragraph (d) and (l) of this section, 
on and after the date on which the initial performance test is completed 
or is required to be completed under Sec.  60.8, whichever date comes 
first, no owner or operator of an affected facility that simultaneously 
combusts coal or oil, natural gas (or any combination of the three), and 
wood, or any other fuel shall cause to be discharged into the atmosphere 
any gases that contain NOX in excess of the emission limit 
for the coal, oil, natural gas (or any combination of the three), 
combusted in the affected facility, as determined pursuant to paragraph 
(a) or (b) of this section. This standard does not apply to an affected 
facility that is subject to and in compliance with a federally 
enforceable requirement that limits operation of the affected facility 
to an annual capacity factor of 10 percent (0.10) or less for coal, oil, 
natural gas (or any combination of the three).
    (d) On and after the date on which the initial performance test is 
completed or is required to be completed under Sec.  60.8, whichever 
date comes first, no owner or operator of an affected facility that 
simultaneously combusts natural gas and/or distillate oil with a 
potential SO2 emissions rate of 26 ng/J (0.060 lb/MMBtu) or 
less with wood, municipal-type solid waste, or other solid fuel, except 
coal, shall cause to be discharged into the atmosphere from that 
affected facility any gases that contain NOX in excess of 130 
ng/J (0.30 lb/MMBtu) heat input unless the affected facility has an 
annual capacity factor for natural gas, distillate oil, or a mixture of 
these fuels of 10 percent (0.10) or less and is subject to a federally 
enforceable requirement that limits operation of the affected facility 
to an annual capacity factor of 10 percent (0.10) or less for natural 
gas, distillate oil, or a mixture of these fuels.
    (e) Except as provided under paragraph (l) of this section, on and 
after the date on which the initial performance test is completed or is 
required to be completed under Sec.  60.8, whichever date comes first, 
no owner or operator of an affected facility that simultaneously 
combusts only coal, oil, or natural gas with byproduct/waste shall cause 
to be discharged into the atmosphere any gases that contain 
NOX in excess of the emission limit determined by the 
following formula unless the affected facility has an annual capacity 
factor for coal, oil, and natural gas of 10 percent (0.10) or less and 
is subject to a federally enforceable requirement that limits operation 
of the affected facility to an annual capacity factor of 10 percent 
(0.10) or less:
    (f) Any owner or operator of an affected facility that combusts 
byproduct/waste with either natural gas or oil may petition the 
Administrator within 180 days of the initial startup of the affected 
facility to establish a NOX emission limit that shall apply 
specifically to that affected facility when the byproduct/waste is 
combusted. The petition shall include sufficient and appropriate data, 
as determined by the Administrator, such as NOX emissions

[[Page 216]]

from the affected facility, waste composition (including nitrogen 
content), and combustion conditions to allow the Administrator to 
confirm that the affected facility is unable to comply with the emission 
limits in paragraph (e) of this section and to determine the appropriate 
emission limit for the affected facility.
    (1) Any owner or operator of an affected facility petitioning for a 
facility-specific NOX emission limit under this section 
shall:
    (i) Demonstrate compliance with the emission limits for natural gas 
and distillate oil in paragraph (a)(1) of this section or for residual 
oil in paragraph (a)(2) or (l)(1) of this section, as appropriate, by 
conducting a 30-day performance test as provided in Sec.  60.46b(e). 
During the performance test only natural gas, distillate oil, or 
residual oil shall be combusted in the affected facility; and
    (ii) Demonstrate that the affected facility is unable to comply with 
the emission limits for natural gas and distillate oil in paragraph 
(a)(1) of this section or for residual oil in paragraph (a)(2) or (l)(1) 
of this section, as appropriate, when gaseous or liquid byproduct/waste 
is combusted in the affected facility under the same conditions and 
using the same technological system of emission reduction applied when 
demonstrating compliance under paragraph (f)(1)(i) of this section.
    (2) The NOX emission limits for natural gas or distillate 
oil in paragraph (a)(1) of this section or for residual oil in paragraph 
(a)(2) or (l)(1) of this section, as appropriate, shall be applicable to 
the affected facility until and unless the petition is approved by the 
Administrator. If the petition is approved by the Administrator, a 
facility-specific NOX emission limit will be established at 
the NOX emission level achievable when the affected facility 
is combusting oil or natural gas and byproduct/waste in a manner that 
the Administrator determines to be consistent with minimizing 
NOX emissions. In lieu of amending this subpart, a letter 
will be sent to the facility describing the facility-specific 
NOX limit. The facility shall use the compliance procedures 
detailed in the letter and make the letter available to the public. If 
the Administrator determines it is appropriate, the conditions and 
requirements of the letter can be reviewed and changed at any point.
    (g) Any owner or operator of an affected facility that combusts 
hazardous waste (as defined by 40 CFR part 261 or 40 CFR part 761) with 
natural gas or oil may petition the Administrator within 180 days of the 
initial startup of the affected facility for a waiver from compliance 
with the NOX emission limit that applies specifically to that 
affected facility. The petition must include sufficient and appropriate 
data, as determined by the Administrator, on NOX emissions 
from the affected facility, waste destruction efficiencies, waste 
composition (including nitrogen content), the quantity of specific 
wastes to be combusted and combustion conditions to allow the 
Administrator to determine if the affected facility is able to comply 
with the NOX emission limits required by this section. The 
owner or operator of the affected facility shall demonstrate that when 
hazardous waste is combusted in the affected facility, thermal 
destruction efficiency requirements for hazardous waste specified in an 
applicable federally enforceable requirement preclude compliance with 
the NOX emission limits of this section. The NOX 
emission limits for natural gas or distillate oil in paragraph (a)(1) of 
this section or for residual oil in paragraph (a)(2) or (l)(1) of this 
section, as appropriate, are applicable to the affected facility until 
and unless the petition is approved by the Administrator. (See 40 CFR 
761.70 for regulations applicable to the incineration of materials 
containing polychlorinated biphenyls (PCB's).) In lieu of amending this 
subpart, a letter will be sent to the facility describing the facility-
specific NOX limit. The facility shall use the compliance 
procedures detailed in the letter and make the letter available to the 
public. If the Administrator determines it is appropriate, the 
conditions and requirements of the letter can be reviewed and changed at 
any point.
    (h) For purposes of paragraph (i) of this section, the 
NOX standards under this section apply at all times including 
periods of startup, shutdown, or malfunction.

[[Page 217]]

    (i) Except as provided under paragraph (j) of this section, 
compliance with the emission limits under this section is determined on 
a 30-day rolling average basis.
    (j) Compliance with the emission limits under this section is 
determined on a 24-hour average basis for the initial performance test 
and on a 3-hour average basis for subsequent performance tests for any 
affected facilities that:
    (1) Combust, alone or in combination, only natural gas, distillate 
oil, or residual oil with a nitrogen content of 0.30 weight percent or 
less;
    (2) Have a combined annual capacity factor of 10 percent or less for 
natural gas, distillate oil, and residual oil with a nitrogen content of 
0.30 weight percent or less; and
    (3) Are subject to a federally enforceable requirement limiting 
operation of the affected facility to the firing of natural gas, 
distillate oil, and/or residual oil with a nitrogen content of 0.30 
weight percent or less and limiting operation of the affected facility 
to a combined annual capacity factor of 10 percent or less for natural 
gas, distillate oil, and residual oil with a nitrogen content of 0.30 
weight percent or less.
    (k) Affected facilities that meet the criteria described in 
paragraphs (j)(1), (2), and (3) of this section, and that have a heat 
input capacity of 73 MW (250 MMBtu/hr) or less, are not subject to the 
NOX emission limits under this section.
    (l) On and after the date on which the initial performance test is 
completed or is required to be completed under 60.8, whichever date is 
first, no owner or operator of an affected facility that commenced 
construction after July 9, 1997 shall cause to be discharged into the 
atmosphere from that affected facility any gases that contain NOx 
(expressed as NO2) in excess of the following limits:
    (1) 86 ng/J (0.20 lb/MMBtu) heat input if the affected facility 
combusts coal, oil, or natural gas (or any combination of the three), 
alone or with any other fuels. The affected facility is not subject to 
this limit if it is subject to and in compliance with a federally 
enforceable requirement that limits operation of the facility to an 
annual capacity factor of 10 percent (0.10) or less for coal, oil, and 
natural gas (or any combination of the three); or
    (2) If the affected facility has a low heat release rate and 
combusts natural gas or distillate oil in excess of 30 percent of the 
heat input on a 30-day rolling average from the combustion of all fuels, 
a limit determined by use of the following formula:
[GRAPHIC] [TIFF OMITTED] TR13JN07.026

Where:

En = NOX emission limit, (lb/MMBtu);
Hgo = 30-day heat input from combustion of natural gas or 
          distillate oil; and
Hr = 30-day heat input from combustion of any other fuel.

    (3) After February 27, 2006, units where more than 10 percent of 
total annual output is electrical or mechanical may comply with an 
optional limit of 270 ng/J (2.1 lb/MWh) gross energy output, based on a 
30-day rolling average. Units complying with this output-based limit 
must demonstrate compliance according to the procedures of Sec.  
60.48Da(i) of subpart Da of this part, and must monitor emissions 
according to Sec.  60.49Da(c), (k), through (n) of subpart Da of this 
part.

[72 FR 32742, June 13, 2007, as amended at 74 FR 5086, Jan. 28, 2009; 77 
FR 9459, Feb. 16, 2012]



Sec.  60.45b  Compliance and performance test methods and procedures 
for sulfur dioxide.

    (a) The SO2 emission standards in Sec.  60.42b apply at 
all times. Facilities burning coke oven gas alone or in combination with 
any other gaseous fuels or distillate oil are allowed to exceed the 
limit 30 operating days per calendar year for SO2 control 
system maintenance.
    (b) In conducting the performance tests required under Sec.  60.8, 
the owner or operator shall use the methods and procedures in appendix A 
(including fuel certification and sampling) of this part or the methods 
and procedures as specified in this section, except as provided in Sec.  
60.8(b). Section 60.8(f) does not apply to this section. The 30-day 
notice required in Sec.  60.8(d) applies only

[[Page 218]]

to the initial performance test unless otherwise specified by the 
Administrator.
    (c) The owner or operator of an affected facility shall conduct 
performance tests to determine compliance with the percent of potential 
SO2 emission rate (% Ps) and the SO2 
emission rate (Es) pursuant to Sec.  60.42b following the 
procedures listed below, except as provided under paragraph (d) and (k) 
of this section.
    (1) The initial performance test shall be conducted over 30 
consecutive operating days of the steam generating unit. Compliance with 
the SO2 standards shall be determined using a 30-day average. 
The first operating day included in the initial performance test shall 
be scheduled within 30 days after achieving the maximum production rate 
at which the affected facility will be operated, but not later than 180 
days after initial startup of the facility.
    (2) If only coal, only oil, or a mixture of coal and oil is 
combusted, the following procedures are used:
    (i) The procedures in Method 19 of appendix A-7 of this part are 
used to determine the hourly SO2 emission rate 
(Eho) and the 30-day average emission rate (Eao). 
The hourly averages used to compute the 30-day averages are obtained 
from the CEMS of Sec.  60.47b(a) or (b).
    (ii) The percent of potential SO2 emission rate 
(%Ps) emitted to the atmosphere is computed using the 
following formula:
[GRAPHIC] [TIFF OMITTED] TR13JN07.027

Where:

%Ps = Potential SO2 emission rate, percent;
%Rg = SO2 removal efficiency of the control device 
          as determined by Method 19 of appendix A of this part, in 
          percent; and
%Rf = SO2 removal efficiency of fuel pretreatment 
          as determined by Method 19 of appendix A of this part, in 
          percent.

    (3) If coal or oil is combusted with other fuels, the same 
procedures required in paragraph (c)(2) of this section are used, except 
as provided in the following:
    (i) An adjusted hourly SO2 emission rate 
(Eho\o\) is used in Equation 19-19 of Method 19 of appendix A 
of this part to compute an adjusted 30-day average emission rate 
(Eao\o\). The Eho[deg] is computed using the following 
formula:
[GRAPHIC] [TIFF OMITTED] TR13JN07.028

Where:

Eho\o\ = Adjusted hourly SO2 emission rate, ng/J 
          (lb/MMBtu);
Eho = Hourly SO2 emission rate, ng/J (lb/MMBtu);
Ew = SO2 concentration in fuels other than coal 
          and oil combusted in the affected facility, as determined by 
          the fuel sampling and analysis procedures in Method 19 of 
          appendix A of this part, ng/J (lb/MMBtu). The value 
          Ew for each fuel lot is used for each hourly 
          average during the time that the lot is being combusted; and
Xk = Fraction of total heat input from fuel combustion 
          derived from coal, oil, or coal and oil, as determined by 
          applicable procedures in Method 19 of appendix A of this part.

    (ii) To compute the percent of potential SO2 emission 
rate (%Ps), an adjusted %Rg (%Rg\o\) is 
computed from the adjusted Eao\o\ from paragraph (b)(3)(i) of 
this section and an adjusted average SO2 inlet rate 
(Eai\o\) using the following formula:
[GRAPHIC] [TIFF OMITTED] TR13JN07.029

    To compute Eai\o\, an adjusted hourly SO2 
inlet rate (Ehi\o\) is used. The Ehi\o\ is 
computed using the following formula:
[GRAPHIC] [TIFF OMITTED] TR13JN07.030

Where:

Ehi\o\ = Adjusted hourly SO2 inlet rate, ng/J (lb/
          MMBtu); and
Ehi = Hourly SO2 inlet rate, ng/J (lb/MMBtu).

    (4) The owner or operator of an affected facility subject to 
paragraph (c)(3) of this section does not have to measure parameters 
Ew or Xk if the owner or operator elects to assume 
that Xk = 1.0. Owners or operators of affected facilities who 
assume Xk = 1.0 shall:
    (i) Determine %Ps following the procedures in paragraph 
(c)(2) of this section; and

[[Page 219]]

    (ii) Sulfur dioxide emissions (Es) are considered to be 
in compliance with SO2 emission limits under Sec.  60.42b.
    (5) The owner or operator of an affected facility that qualifies 
under the provisions of Sec.  60.42b(d) does not have to measure 
parameters Ew or Xk in paragraph (c)(3) of this 
section if the owner or operator of the affected facility elects to 
measure SO2 emission rates of the coal or oil following the 
fuel sampling and analysis procedures in Method 19 of appendix A-7 of 
this part.
    (d) Except as provided in paragraph (j) of this section, the owner 
or operator of an affected facility that combusts only very low sulfur 
oil, natural gas, or a mixture of these fuels, has an annual capacity 
factor for oil of 10 percent (0.10) or less, and is subject to a 
federally enforceable requirement limiting operation of the affected 
facility to an annual capacity factor for oil of 10 percent (0.10) or 
less shall:
    (1) Conduct the initial performance test over 24 consecutive steam 
generating unit operating hours at full load;
    (2) Determine compliance with the standards after the initial 
performance test based on the arithmetic average of the hourly emissions 
data during each steam generating unit operating day if a CEMS is used, 
or based on a daily average if Method 6B of appendix A of this part or 
fuel sampling and analysis procedures under Method 19 of appendix A of 
this part are used.
    (e) The owner or operator of an affected facility subject to Sec.  
60.42b(d)(1) shall demonstrate the maximum design capacity of the steam 
generating unit by operating the facility at maximum capacity for 24 
hours. This demonstration will be made during the initial performance 
test and a subsequent demonstration may be requested at any other time. 
If the 24-hour average firing rate for the affected facility is less 
than the maximum design capacity provided by the manufacturer of the 
affected facility, the 24-hour average firing rate shall be used to 
determine the capacity utilization rate for the affected facility, 
otherwise the maximum design capacity provided by the manufacturer is 
used.
    (f) For the initial performance test required under Sec.  60.8, 
compliance with the SO2 emission limits and percent reduction 
requirements under Sec.  60.42b is based on the average emission rates 
and the average percent reduction for SO2 for the first 30 
consecutive steam generating unit operating days, except as provided 
under paragraph (d) of this section. The initial performance test is the 
only test for which at least 30 days prior notice is required unless 
otherwise specified by the Administrator. The initial performance test 
is to be scheduled so that the first steam generating unit operating day 
of the 30 successive steam generating unit operating days is completed 
within 30 days after achieving the maximum production rate at which the 
affected facility will be operated, but not later than 180 days after 
initial startup of the facility. The boiler load during the 30-day 
period does not have to be the maximum design load, but must be 
representative of future operating conditions and include at least one 
24-hour period at full load.
    (g) After the initial performance test required under Sec.  60.8, 
compliance with the SO2 emission limits and percent reduction 
requirements under Sec.  60.42b is based on the average emission rates 
and the average percent reduction for SO2 for 30 successive 
steam generating unit operating days, except as provided under paragraph 
(d). A separate performance test is completed at the end of each steam 
generating unit operating day after the initial performance test, and a 
new 30-day average emission rate and percent reduction for 
SO2 are calculated to show compliance with the standard.
    (h) Except as provided under paragraph (i) of this section, the 
owner or operator of an affected facility shall use all valid 
SO2 emissions data in calculating %Ps and 
Eho under paragraph (c), of this section whether or not the 
minimum emissions data requirements under Sec.  60.46b are achieved. All 
valid emissions data, including valid SO2 emission data 
collected during periods of startup, shutdown and malfunction, shall be 
used in calculating %Ps and Eho pursuant to 
paragraph (c) of this section.
    (i) During periods of malfunction or maintenance of the 
SO2 control systems when oil is combusted as provided

[[Page 220]]

under Sec.  60.42b(i), emission data are not used to calculate 
%Ps or Es under Sec.  60.42b(a), (b) or (c), 
however, the emissions data are used to determine compliance with the 
emission limit under Sec.  60.42b(i).
    (j) The owner or operator of an affected facility that only combusts 
very low sulfur oil, natural gas, or a mixture of these fuels with any 
other fuels not subject to an SO2 standard is not subject to 
the compliance and performance testing requirements of this section if 
the owner or operator obtains fuel receipts as described in Sec.  
60.49b(r).
    (k) The owner or operator of an affected facility seeking to 
demonstrate compliance in Sec. Sec.  60.42b(d)(4), 60.42b(j), 
60.42b(k)(2), and 60.42b(k)(3) (when not burning coal) shall follow the 
applicable procedures in Sec.  60.49b(r).

[72 FR 32742, June 13, 2007, as amended at 74 FR 5086, Jan. 28, 2009]



Sec.  60.46b  Compliance and performance test methods and procedures for
particulate matter and nitrogen oxides.

    (a) The PM emission standards and opacity limits under Sec.  60.43b 
apply at all times except during periods of startup, shutdown, or 
malfunction. The NOX emission standards under Sec.  60.44b 
apply at all times.
    (b) Compliance with the PM emission standards under Sec.  60.43b 
shall be determined through performance testing as described in 
paragraph (d) of this section, except as provided in paragraph (i) of 
this section.
    (c) Compliance with the NOX emission standards under 
Sec.  60.44b shall be determined through performance testing under 
paragraph (e) or (f), or under paragraphs (g) and (h) of this section, 
as applicable.
    (d) To determine compliance with the PM emission limits and opacity 
limits under Sec.  60.43b, the owner or operator of an affected facility 
shall conduct an initial performance test as required under Sec.  60.8, 
and shall conduct subsequent performance tests as requested by the 
Administrator, using the following procedures and reference methods:
    (1) Method 3A or 3B of appendix A-2 of this part is used for gas 
analysis when applying Method 5 of appendix A-3 of this part or Method 
17 of appendix A-6 of this part.
    (2) Method 5, 5B, or 17 of appendix A of this part shall be used to 
measure the concentration of PM as follows:
    (i) Method 5 of appendix A of this part shall be used at affected 
facilities without wet flue gas desulfurization (FGD) systems; and
    (ii) Method 17 of appendix A-6 of this part may be used at 
facilities with or without wet scrubber systems provided the stack gas 
temperature does not exceed a temperature of 160 [deg]C (320 [deg]F). 
The procedures of sections 8.1 and 11.1 of Method 5B of appendix A-3 of 
this part may be used in Method 17 of appendix A-6 of this part only if 
it is used after a wet FGD system. Do not use Method 17 of appendix A-6 
of this part after wet FGD systems if the effluent is saturated or laden 
with water droplets.
    (iii) Method 5B of appendix A of this part is to be used only after 
wet FGD systems.
    (3) Method 1 of appendix A of this part is used to select the 
sampling site and the number of traverse sampling points. The sampling 
time for each run is at least 120 minutes and the minimum sampling 
volume is 1.7 dscm (60 dscf) except that smaller sampling times or 
volumes may be approved by the Administrator when necessitated by 
process variables or other factors.
    (4) For Method 5 of appendix A of this part, the temperature of the 
sample gas in the probe and filter holder is monitored and is maintained 
at 16014 [deg]C (32025 
[deg]F).
    (5) For determination of PM emissions, the oxygen (O2) or 
CO2 sample is obtained simultaneously with each run of Method 
5, 5B, or 17 of appendix A of this part by traversing the duct at the 
same sampling location.
    (6) For each run using Method 5, 5B, or 17 of appendix A of this 
part, the emission rate expressed in ng/J heat input is determined 
using:
    (i) The O2 or CO2 measurements and PM 
measurements obtained under this section;
    (ii) The dry basis F factor; and
    (iii) The dry basis emission rate calculation procedure contained in 
Method 19 of appendix A of this part.

[[Page 221]]

    (7) Method 9 of appendix A of this part is used for determining the 
opacity of stack emissions.
    (e) To determine compliance with the emission limits for 
NOX required under Sec.  60.44b, the owner or operator of an 
affected facility shall conduct the performance test as required under 
Sec.  60.8 using the continuous system for monitoring NOX 
under Sec.  60.48(b).
    (1) For the initial compliance test, NOX from the steam 
generating unit are monitored for 30 successive steam generating unit 
operating days and the 30-day average emission rate is used to determine 
compliance with the NOX emission standards under Sec.  
60.44b. The 30-day average emission rate is calculated as the average of 
all hourly emissions data recorded by the monitoring system during the 
30-day test period.
    (2) Following the date on which the initial performance test is 
completed or is required to be completed in Sec.  60.8, whichever date 
comes first, the owner or operator of an affected facility which 
combusts coal (except as specified under Sec.  60.46b(e)(4)) or which 
combusts residual oil having a nitrogen content greater than 0.30 weight 
percent shall determine compliance with the NOX emission 
standards in Sec.  60.44b on a continuous basis through the use of a 30-
day rolling average emission rate. A new 30-day rolling average emission 
rate is calculated for each steam generating unit operating day as the 
average of all of the hourly NOX emission data for the 
preceding 30 steam generating unit operating days.
    (3) Following the date on which the initial performance test is 
completed or is required to be completed under Sec.  60.8, whichever 
date comes first, the owner or operator of an affected facility that has 
a heat input capacity greater than 73 MW (250 MMBtu/hr) and that 
combusts natural gas, distillate oil, or residual oil having a nitrogen 
content of 0.30 weight percent or less shall determine compliance with 
the NOX standards under Sec.  60.44b on a continuous basis 
through the use of a 30-day rolling average emission rate. A new 30-day 
rolling average emission rate is calculated each steam generating unit 
operating day as the average of all of the hourly NOX 
emission data for the preceding 30 steam generating unit operating days.
    (4) Following the date on which the initial performance test is 
completed or required to be completed under Sec.  60.8, whichever date 
comes first, the owner or operator of an affected facility that has a 
heat input capacity of 73 MW (250 MMBtu/hr) or less and that combusts 
natural gas, distillate oil, gasified coal, or residual oil having a 
nitrogen content of 0.30 weight percent or less shall upon request 
determine compliance with the NOX standards in Sec.  60.44b 
through the use of a 30-day performance test. During periods when 
performance tests are not requested, NOX emissions data 
collected pursuant to Sec.  60.48b(g)(1) or Sec.  60.48b(g)(2) are used 
to calculate a 30-day rolling average emission rate on a daily basis and 
used to prepare excess emission reports, but will not be used to 
determine compliance with the NOX emission standards. A new 
30-day rolling average emission rate is calculated each steam generating 
unit operating day as the average of all of the hourly NOX 
emission data for the preceding 30 steam generating unit operating days.
    (5) If the owner or operator of an affected facility that combusts 
residual oil does not sample and analyze the residual oil for nitrogen 
content, as specified in Sec.  60.49b(e), the requirements of Sec.  
60.48b(g)(1) apply and the provisions of Sec.  60.48b(g)(2) are 
inapplicable.
    (f) To determine compliance with the emissions limits for 
NOX required by Sec.  60.44b(a)(4) or Sec.  60.44b(l) for 
duct burners used in combined cycle systems, either of the procedures 
described in paragraph (f)(1) or (2) of this section may be used:
    (1) The owner or operator of an affected facility shall conduct the 
performance test required under Sec.  60.8 as follows:
    (i) The emissions rate (E) of NOX shall be computed using 
Equation 1 in this section:
[GRAPHIC] [TIFF OMITTED] TR13JN07.031

Where:

E = Emissions rate of NOX from the duct burner, ng/J (lb/
          MMBtu) heat input;

[[Page 222]]

Esg = Combined effluent emissions rate, in ng/J (lb/MMBtu) 
          heat input using appropriate F factor as described in Method 
          19 of appendix A of this part;
Hg = Heat input rate to the combustion turbine, in J/hr 
          (MMBtu/hr);
Hb = Heat input rate to the duct burner, in J/hr (MMBtu/hr); 
          and
Eg = Emissions rate from the combustion turbine, in ng/J (lb/
          MMBtu) heat input calculated using appropriate F factor as 
          described in Method 19 of appendix A of this part.

    (ii) Method 7E of appendix A of this part or Method 320 of appendix 
A of part 63 shall be used to determine the NOX 
concentrations. Method 3A or 3B of appendix A of this part shall be used 
to determine O2 concentration.
    (iii) The owner or operator shall identify and demonstrate to the 
Administrator's satisfaction suitable methods to determine the average 
hourly heat input rate to the combustion turbine and the average hourly 
heat input rate to the affected duct burner.
    (iv) Compliance with the emissions limits under Sec.  60.44b(a)(4) 
or Sec.  60.44b(l) is determined by the three-run average (nominal 1-
hour runs) for the initial and subsequent performance tests; or
    (2) The owner or operator of an affected facility may elect to 
determine compliance on a 30-day rolling average basis by using the CEMS 
specified under Sec.  60.48b for measuring NOX and 
O2 and meet the requirements of Sec.  60.48b. The sampling 
site shall be located at the outlet from the steam generating unit. The 
NOX emissions rate at the outlet from the steam generating 
unit shall constitute the NOX emissions rate from the duct 
burner of the combined cycle system.
    (g) The owner or operator of an affected facility described in Sec.  
60.44b(j) or Sec.  60.44b(k) shall demonstrate the maximum heat input 
capacity of the steam generating unit by operating the facility at 
maximum capacity for 24 hours. The owner or operator of an affected 
facility shall determine the maximum heat input capacity using the heat 
loss method or the heat input method described in sections 5 and 7.3 of 
the ASME Power Test Codes 4.1 (incorporated by reference, see Sec.  
60.17). This demonstration of maximum heat input capacity shall be made 
during the initial performance test for affected facilities that meet 
the criteria of Sec.  60.44b(j). It shall be made within 60 days after 
achieving the maximum production rate at which the affected facility 
will be operated, but not later than 180 days after initial start-up of 
each facility, for affected facilities meeting the criteria of Sec.  
60.44b(k). Subsequent demonstrations may be required by the 
Administrator at any other time. If this demonstration indicates that 
the maximum heat input capacity of the affected facility is less than 
that stated by the manufacturer of the affected facility, the maximum 
heat input capacity determined during this demonstration shall be used 
to determine the capacity utilization rate for the affected facility. 
Otherwise, the maximum heat input capacity provided by the manufacturer 
is used.
    (h) The owner or operator of an affected facility described in Sec.  
60.44b(j) that has a heat input capacity greater than 73 MW (250 MMBtu/
hr) shall:
    (1) Conduct an initial performance test as required under Sec.  60.8 
over a minimum of 24 consecutive steam generating unit operating hours 
at maximum heat input capacity to demonstrate compliance with the 
NOX emission standards under Sec.  60.44b using Method 7, 7A, 
or 7E of appendix A of this part, Method 320 of appendix A of part 63 of 
this chapter, or other approved reference methods; and
    (2) Conduct subsequent performance tests once per calendar year or 
every 400 hours of operation (whichever comes first) to demonstrate 
compliance with the NOX emission standards under Sec.  60.44b 
over a minimum of 3 consecutive steam generating unit operating hours at 
maximum heat input capacity using Method 7, 7A, or 7E of appendix A of 
this part, Method 320 of appendix A of part 63, or other approved 
reference methods.
    (i) The owner or operator of an affected facility seeking to 
demonstrate compliance with the PM limit in paragraphs Sec.  
60.43b(a)(4) or Sec.  60.43b(h)(5) shall follow the applicable 
procedures in Sec.  60.49b(r).
    (j) In place of PM testing with Method 5 or 5B of appendix A-3 of 
this part, or Method 17 of appendix A-6 of this part, an owner or 
operator may elect to

[[Page 223]]

install, calibrate, maintain, and operate a CEMS for monitoring PM 
emissions discharged to the atmosphere and record the output of the 
system. The owner or operator of an affected facility who elects to 
continuously monitor PM emissions instead of conducting performance 
testing using Method 5 or 5B of appendix A-3 of this part or Method 17 
of appendix A-6 of this part shall comply with the requirements 
specified in paragraphs (j)(1) through (j)(14) of this section.
    (1) Notify the Administrator one month before starting use of the 
system.
    (2) Notify the Administrator one month before stopping use of the 
system.
    (3) The monitor shall be installed, evaluated, and operated in 
accordance with Sec.  60.13 of subpart A of this part.
    (4) The initial performance evaluation shall be completed no later 
than 180 days after the date of initial startup of the affected 
facility, as specified under Sec.  60.8 of subpart A of this part or 
within 180 days of notification to the Administrator of use of the CEMS 
if the owner or operator was previously determining compliance by Method 
5, 5B, or 17 of appendix A of this part performance tests, whichever is 
later.
    (5) The owner or operator of an affected facility shall conduct an 
initial performance test for PM emissions as required under Sec.  60.8 
of subpart A of this part. Compliance with the PM emission limit shall 
be determined by using the CEMS specified in paragraph (j) of this 
section to measure PM and calculating a 24-hour block arithmetic average 
emission concentration using EPA Reference Method 19 of appendix A of 
this part, section 4.1.
    (6) Compliance with the PM emission limit shall be determined based 
on the 24-hour daily (block) average of the hourly arithmetic average 
emission concentrations using CEMS outlet data.
    (7) At a minimum, valid CEMS hourly averages shall be obtained as 
specified in paragraphs (j)(7)(i) of this section for 75 percent of the 
total operating hours per 30-day rolling average.
    (i) At least two data points per hour shall be used to calculate 
each 1-hour arithmetic average.
    (ii) [Reserved]
    (8) The 1-hour arithmetic averages required under paragraph (j)(7) 
of this section shall be expressed in ng/J or lb/MMBtu heat input and 
shall be used to calculate the boiler operating day daily arithmetic 
average emission concentrations. The 1-hour arithmetic averages shall be 
calculated using the data points required under Sec.  60.13(e)(2) of 
subpart A of this part.
    (9) All valid CEMS data shall be used in calculating average 
emission concentrations even if the minimum CEMS data requirements of 
paragraph (j)(7) of this section are not met.
    (10) The CEMS shall be operated according to Performance 
Specification 11 in appendix B of this part.
    (11) During the correlation testing runs of the CEMS required by 
Performance Specification 11 in appendix B of this part, PM and 
O2 (or CO2) data shall be collected concurrently 
(or within a 30-to 60-minute period) by both the continuous emission 
monitors and performance tests conducted using the following test 
methods.
    (i) For PM, Method 5 or 5B of appendix A-3 of this part or Method 17 
of appendix A-6 of this part shall be used; and
    (ii) For O2 (or CO2), Method 3A or 3B of 
appendix A-2 of this part, as applicable shall be used.
    (12) Quarterly accuracy determinations and daily calibration drift 
tests shall be performed in accordance with procedure 2 in appendix F of 
this part. Relative Response Audit's must be performed annually and 
Response Correlation Audits must be performed every 3 years.
    (13) When PM emissions data are not obtained because of CEMS 
breakdowns, repairs, calibration checks, and zero and span adjustments, 
emissions data shall be obtained by using other monitoring systems as 
approved by the Administrator or EPA Reference Method 19 of appendix A 
of this part to provide, as necessary, valid emissions data for a 
minimum of 75 percent of total operating hours per 30-day rolling 
average.
    (14) As of January 1, 2012, and within 90 days after the date of 
completing each performance test, as defined in Sec.  60.8, conducted to 
demonstrate compliance with this subpart, you must

[[Page 224]]

submit relative accuracy test audit (i.e., reference method) data and 
performance test (i.e., compliance test) data, except opacity data, 
electronically to EPA's Central Data Exchange (CDX) by using the 
Electronic Reporting Tool (ERT) (see http://www.epa.gov/ttn/chief /ert/
ert__tool.html/) or other compatible electronic spreadsheet. Only data 
collected using test methods compatible with ERT are subject to this 
requirement to be submitted electronically into EPA's WebFIRE database.

[72 FR 32742, June 13, 2007, as amended at 74 FR 5086, Jan. 28, 2009; 76 
FR 3523, Jan. 20, 2011; 77 FR 9460, Feb. 16, 2012; 79 FR 11249, Feb. 27, 
2014]



Sec.  60.47b  Emission monitoring for sulfur dioxide.

    (a) Except as provided in paragraphs (b) and (f) of this section, 
the owner or operator of an affected facility subject to the 
SO2 standards in Sec.  60.42b shall install, calibrate, 
maintain, and operate CEMS for measuring SO2 concentrations 
and either O2 or CO2 concentrations and shall 
record the output of the systems. For units complying with the percent 
reduction standard, the SO2 and either O2 or 
CO2 concentrations shall both be monitored at the inlet and 
outlet of the SO2 control device. If the owner or operator 
has installed and certified SO2 and O2 or 
CO2 CEMS according to the requirements of Sec.  75.20(c)(1) 
of this chapter and appendix A to part 75 of this chapter, and is 
continuing to meet the ongoing quality assurance requirements of Sec.  
75.21 of this chapter and appendix B to part 75 of this chapter, those 
CEMS may be used to meet the requirements of this section, provided 
that:
    (1) When relative accuracy testing is conducted, SO2 
concentration data and CO2 (or O2) data are 
collected simultaneously; and
    (2) In addition to meeting the applicable SO2 and 
CO2 (or O2) relative accuracy specifications in 
Figure 2 of appendix B to part 75 of this chapter, the relative accuracy 
(RA) standard in section 13.2 of Performance Specification 2 in appendix 
B to this part is met when the RA is calculated on a lb/MMBtu basis; and
    (3) The reporting requirements of Sec.  60.49b are met. 
SO2 and CO2 (or O2) data used to meet 
the requirements of Sec.  60.49b shall not include substitute data 
values derived from the missing data procedures in subpart D of part 75 
of this chapter, nor shall the SO2 data have been bias 
adjusted according to the procedures of part 75 of this chapter.
    (b) As an alternative to operating CEMS as required under paragraph 
(a) of this section, an owner or operator may elect to determine the 
average SO2 emissions and percent reduction by:
    (1) Collecting coal or oil samples in an as-fired condition at the 
inlet to the steam generating unit and analyzing them for sulfur and 
heat content according to Method 19 of appendix A of this part. Method 
19 of appendix A of this part provides procedures for converting these 
measurements into the format to be used in calculating the average 
SO2 input rate, or
    (2) Measuring SO2 according to Method 6B of appendix A of 
this part at the inlet or outlet to the SO2 control system. 
An initial stratification test is required to verify the adequacy of the 
sampling location for Method 6B of appendix A of this part. The 
stratification test shall consist of three paired runs of a suitable 
SO2 and CO2 measurement train operated at the 
candidate location and a second similar train operated according to the 
procedures in Section 3.2 and the applicable procedures in Section 7 of 
Performance Specification 2. Method 6B of appendix A of this part, 
Method 6A of appendix A of this part, or a combination of Methods 6 and 
3 or 3B of appendix A of this part or Methods 6C or Method 320 of 
appendix A of part 63 of this chapter and 3A of appendix A of this part 
are suitable measurement techniques. If Method 6B of appendix A of this 
part is used for the second train, sampling time and timer operation may 
be adjusted for the stratification test as long as an adequate sample 
volume is collected; however, both sampling trains are to be operated 
similarly. For the location to be adequate for Method 6B of appendix A 
of this part, 24-hour tests, the

[[Page 225]]

mean of the absolute difference between the three paired runs must be 
less than 10 percent.
    (3) A daily SO2 emission rate, ED, shall be 
determined using the procedure described in Method 6A of appendix A of 
this part, section 7.6.2 (Equation 6A-8) and stated in ng/J (lb/MMBtu) 
heat input.
    (4) The mean 30-day emission rate is calculated using the daily 
measured values in ng/J (lb/MMBtu) for 30 successive steam generating 
unit operating days using equation 19-20 of Method 19 of appendix A of 
this part.
    (c) The owner or operator of an affected facility shall obtain 
emission data for at least 75 percent of the operating hours in at least 
22 out of 30 successive boiler operating days. If this minimum data 
requirement is not met with a single monitoring system, the owner or 
operator of the affected facility shall supplement the emission data 
with data collected with other monitoring systems as approved by the 
Administrator or the reference methods and procedures as described in 
paragraph (b) of this section.
    (d) The 1-hour average SO2 emission rates measured by the 
CEMS required by paragraph (a) of this section and required under Sec.  
60.13(h) is expressed in ng/J or lb/MMBtu heat input and is used to 
calculate the average emission rates under Sec.  60.42(b). Each 1-hour 
average SO2 emission rate must be based on 30 or more minutes 
of steam generating unit operation. The hourly averages shall be 
calculated according to Sec.  60.13(h)(2). Hourly SO2 
emission rates are not calculated if the affected facility is operated 
less than 30 minutes in a given clock hour and are not counted toward 
determination of a steam generating unit operating day.
    (e) The procedures under Sec.  60.13 shall be followed for 
installation, evaluation, and operation of the CEMS.
    (1) Except as provided for in paragraph (e)(4) of this section, all 
CEMS shall be operated in accordance with the applicable procedures 
under Performance Specifications 1, 2, and 3 of appendix B of this part.
    (2) Except as provided for in paragraph (e)(4) of this section, 
quarterly accuracy determinations and daily calibration drift tests 
shall be performed in accordance with Procedure 1 of appendix F of this 
part.
    (3) For affected facilities combusting coal or oil, alone or in 
combination with other fuels, the span value of the SO2 CEMS 
at the inlet to the SO2 control device is 125 percent of the 
maximum estimated hourly potential SO2 emissions of the fuel 
combusted, and the span value of the CEMS at the outlet to the 
SO2 control device is 50 percent of the maximum estimated 
hourly potential SO2 emissions of the fuel combusted. 
Alternatively, SO2 span values determined according to 
section 2.1.1 in appendix A to part 75 of this chapter may be used.
    (4) As an alternative to meeting the requirements of requirements of 
paragraphs (e)(1) and (e)(2) of this section, the owner or operator may 
elect to implement the following alternative data accuracy assessment 
procedures:
    (i) For all required CO2 and O2 monitors and 
for SO2 and NOX monitors with span values greater 
than or equal to 100 ppm, the daily calibration error test and 
calibration adjustment procedures described in sections 2.1.1 and 2.1.3 
of appendix B to part 75 of this chapter may be followed instead of the 
CD assessment procedures in Procedure 1, section 4.1 of appendix F to 
this part.
    (ii) For all required CO2 and O2 monitors and 
for SO2 and NOX monitors with span values greater 
than 30 ppm, quarterly linearity checks may be performed in accordance 
with section 2.2.1 of appendix B to part 75 of this chapter, instead of 
performing the cylinder gas audits (CGAs) described in Procedure 1, 
section 5.1.2 of appendix F to this part. If this option is selected: 
The frequency of the linearity checks shall be as specified in section 
2.2.1 of appendix B to part 75 of this chapter; the applicable linearity 
specifications in section 3.2 of appendix A to part 75 of this chapter 
shall be met; the data validation and out-of-control criteria in section 
2.2.3 of appendix B to part 75 of this chapter shall be followed instead 
of the excessive audit inaccuracy and out-of-control criteria in 
Procedure 1, section 5.2 of appendix F to this part; and the grace 
period provisions in section 2.2.4 of appendix B to part 75 of this 
chapter shall apply. For the purposes of data

[[Page 226]]

validation under this subpart, the cylinder gas audits described in 
Procedure 1, section 5.1.2 of appendix F to this part shall be performed 
for SO2 and NOX span values less than or equal to 
30 ppm; and
    (iii) For SO2, CO2, and O2 
monitoring systems and for NOX emission rate monitoring 
systems, RATAs may be performed in accordance with section 2.3 of 
appendix B to part 75 of this chapter instead of following the 
procedures described in Procedure 1, section 5.1.1 of appendix F to this 
part. If this option is selected: The frequency of each RATA shall be as 
specified in section 2.3.1 of appendix B to part 75 of this chapter; the 
applicable relative accuracy specifications shown in Figure 2 in 
appendix B to part 75 of this chapter shall be met; the data validation 
and out-of-control criteria in section 2.3.2 of appendix B to part 75 of 
this chapter shall be followed instead of the excessive audit inaccuracy 
and out-of-control criteria in Procedure 1, section 5.2 of appendix F to 
this part; and the grace period provisions in section 2.3.3 of appendix 
B to part 75 of this chapter shall apply. For the purposes of data 
validation under this subpart, the relative accuracy specification in 
section 13.2 of Performance Specification 2 in appendix B to this part 
shall be met on a lb/MMBtu basis for SO2 (regardless of the 
SO2 emission level during the RATA), and for NOX 
when the average NOX emission rate measured by the reference 
method during the RATA is less than 0.100 lb/MMBtu.
    (f) The owner or operator of an affected facility that combusts very 
low sulfur oil or is demonstrating compliance under Sec.  60.45b(k) is 
not subject to the emission monitoring requirements under paragraph (a) 
of this section if the owner or operator maintains fuel records as 
described in Sec.  60.49b(r).

[72 FR 32742, June 13, 2007, as amended at 74 FR 5087, Jan. 28, 2009; 79 
FR 11249, Feb. 27, 2014]



Sec.  60.48b  Emission monitoring for particulate matter and nitrogen
oxides.

    (a) Except as provided in paragraph (j) of this section, the owner 
or operator of an affected facility subject to the opacity standard 
under Sec.  60.43b shall install, calibrate, maintain, and operate a 
continuous opacity monitoring systems (COMS) for measuring the opacity 
of emissions discharged to the atmosphere and record the output of the 
system. The owner or operator of an affected facility subject to an 
opacity standard under Sec.  60.43b and meeting the conditions under 
paragraphs (j)(1), (2), (3), (4), (5), or (6) of this section who elects 
not to use a COMS shall conduct a performance test using Method 9 of 
appendix A-4 of this part and the procedures in Sec.  60.11 to 
demonstrate compliance with the applicable limit in Sec.  60.43b by 
April 29, 2011, within 45 days of stopping use of an existing COMS, or 
within 180 days after initial startup of the facility, whichever is 
later, and shall comply with either paragraphs (a)(1), (a)(2), or (a)(3) 
of this section. The observation period for Method 9 of appendix A-4 of 
this part performance tests may be reduced from 3 hours to 60 minutes if 
all 6-minute averages are less than 10 percent and all individual 15-
second observations are less than or equal to 20 percent during the 
initial 60 minutes of observation.
    (1) Except as provided in paragraph (a)(2) and (a)(3) of this 
section, the owner or operator shall conduct subsequent Method 9 of 
appendix A-4 of this part performance tests using the procedures in 
paragraph (a) of this section according to the applicable schedule in 
paragraphs (a)(1)(i) through (a)(1)(iv) of this section, as determined 
by the most recent Method 9 of appendix A-4 of this part performance 
test results.
    (i) If no visible emissions are observed, a subsequent Method 9 of 
appendix A-4 of this part performance test must be completed within 12 
calendar months from the date that the most recent performance test was 
conducted or within 45 days of the next day that fuel with an opacity 
standard is combusted, whichever is later;
    (ii) If visible emissions are observed but the maximum 6-minute 
average opacity is less than or equal to 5 percent, a subsequent Method 
9 of appendix A-4 of this part performance test must be completed within 
6 calendar months from the date that the most recent performance test 
was conducted or within 45 days of the next day that fuel with an 
opacity standard is combusted, whichever is later;

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    (iii) If the maximum 6-minute average opacity is greater than 5 
percent but less than or equal to 10 percent, a subsequent Method 9 of 
appendix A-4 of this part performance test must be completed within 3 
calendar months from the date that the most recent performance test was 
conducted or within 45 days of the next day that fuel with an opacity 
standard is combusted, whichever is later; or
    (iv) If the maximum 6-minute average opacity is greater than 10 
percent, a subsequent Method 9 of appendix A-4 of this part performance 
test must be completed within 45 calendar days from the date that the 
most recent performance test was conducted.
    (2) If the maximum 6-minute opacity is less than 10 percent during 
the most recent Method 9 of appendix A-4 of this part performance test, 
the owner or operator may, as an alternative to performing subsequent 
Method 9 of appendix A-4 of this part performance tests, elect to 
perform subsequent monitoring using Method 22 of appendix A-7 of this 
part according to the procedures specified in paragraphs (a)(2)(i) and 
(ii) of this section.
    (i) The owner or operator shall conduct 10 minute observations 
(during normal operation) each operating day the affected facility fires 
fuel for which an opacity standard is applicable using Method 22 of 
appendix A-7 of this part and demonstrate that the sum of the 
occurrences of any visible emissions is not in excess of 5 percent of 
the observation period (i.e., 30 seconds per 10 minute period). If the 
sum of the occurrence of any visible emissions is greater than 30 
seconds during the initial 10 minute observation, immediately conduct a 
30 minute observation. If the sum of the occurrence of visible emissions 
is greater than 5 percent of the observation period (i.e., 90 seconds 
per 30 minute period), the owner or operator shall either document and 
adjust the operation of the facility and demonstrate within 24 hours 
that the sum of the occurrence of visible emissions is equal to or less 
than 5 percent during a 30 minute observation (i.e., 90 seconds) or 
conduct a new Method 9 of appendix A-4 of this part performance test 
using the procedures in paragraph (a) of this section within 45 calendar 
days according to the requirements in Sec.  60.46d(d)(7).
    (ii) If no visible emissions are observed for 10 operating days 
during which an opacity standard is applicable, observations can be 
reduced to once every 7 operating days during which an opacity standard 
is applicable. If any visible emissions are observed, daily observations 
shall be resumed.
    (3) If the maximum 6-minute opacity is less than 10 percent during 
the most recent Method 9 of appendix A-4 of this part performance test, 
the owner or operator may, as an alternative to performing subsequent 
Method 9 of appendix A-4 performance tests, elect to perform subsequent 
monitoring using a digital opacity compliance system according to a 
site-specific monitoring plan approved by the Administrator. The 
observations shall be similar, but not necessarily identical, to the 
requirements in paragraph (a)(2) of this section. For reference purposes 
in preparing the monitoring plan, see OAQPS ``Determination of Visible 
Emission Opacity from Stationary Sources Using Computer-Based 
Photographic Analysis Systems.'' This document is available from the 
U.S. Environmental Protection Agency (U.S. EPA); Office of Air Quality 
and Planning Standards; Sector Policies and Programs Division; 
Measurement Policy Group (D243-02), Research Triangle Park, NC 27711. 
This document is also available on the Technology Transfer Network (TTN) 
under Emission Measurement Center Preliminary Methods.
    (b) Except as provided under paragraphs (g), (h), and (i) of this 
section, the owner or operator of an affected facility subject to a 
NOX standard under Sec.  60.44b shall comply with either 
paragraphs (b)(1) or (b)(2) of this section.
    (1) Install, calibrate, maintain, and operate CEMS for measuring 
NOX and O2 (or CO2) emissions 
discharged to the atmosphere, and shall record the output of the system; 
or
    (2) If the owner or operator has installed a NOX emission 
rate CEMS to meet the requirements of part 75 of this chapter and is 
continuing to meet the ongoing requirements of part 75 of this chapter, 
that CEMS may be used

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to meet the requirements of this section, except that the owner or 
operator shall also meet the requirements of Sec.  60.49b. Data reported 
to meet the requirements of Sec.  60.49b shall not include data 
substituted using the missing data procedures in subpart D of part 75 of 
this chapter, nor shall the data have been bias adjusted according to 
the procedures of part 75 of this chapter.
    (c) The CEMS required under paragraph (b) of this section shall be 
operated and data recorded during all periods of operation of the 
affected facility except for CEMS breakdowns and repairs. Data is 
recorded during calibration checks, and zero and span adjustments.
    (d) The 1-hour average NOX emission rates measured by the 
continuous NOX monitor required by paragraph (b) of this 
section and required under Sec.  60.13(h) shall be expressed in ng/J or 
lb/MMBtu heat input and shall be used to calculate the average emission 
rates under Sec.  60.44b. The 1-hour averages shall be calculated using 
the data points required under Sec.  60.13(h)(2).
    (e) The procedures under Sec.  60.13 shall be followed for 
installation, evaluation, and operation of the continuous monitoring 
systems.
    (1) For affected facilities combusting coal, wood or municipal-type 
solid waste, the span value for a COMS shall be between 60 and 80 
percent.
    (2) For affected facilities combusting coal, oil, or natural gas, 
the span value for NOX is determined using one of the 
following procedures:
    (i) Except as provided under paragraph (e)(2)(ii) of this section, 
NOX span values shall be determined as follows:

------------------------------------------------------------------------
                Fuel                       Span values for NOX (ppm)
------------------------------------------------------------------------
Natural gas.........................  500.
Oil.................................  500.
Coal................................  1,000.
Mixtures............................  500 (x + y) + 1,000z.
------------------------------------------------------------------------

Where:

x = Fraction of total heat input derived from natural gas;
y = Fraction of total heat input derived from oil; and
z = Fraction of total heat input derived from coal.

    (ii) As an alternative to meeting the requirements of paragraph 
(e)(2)(i) of this section, the owner or operator of an affected facility 
may elect to use the NOX span values determined according to 
section 2.1.2 in appendix A to part 75 of this chapter.
    (3) All span values computed under paragraph (e)(2)(i) of this 
section for combusting mixtures of regulated fuels are rounded to the 
nearest 500 ppm. Span values computed under paragraph (e)(2)(ii) of this 
section shall be rounded off according to section 2.1.2 in appendix A to 
part 75 of this chapter.
    (f) When NOX emission data are not obtained because of 
CEMS breakdowns, repairs, calibration checks and zero and span 
adjustments, emission data will be obtained by using standby monitoring 
systems, Method 7 of appendix A of this part, Method 7A of appendix A of 
this part, or other approved reference methods to provide emission data 
for a minimum of 75 percent of the operating hours in each steam 
generating unit operating day, in at least 22 out of 30 successive steam 
generating unit operating days.
    (g) The owner or operator of an affected facility that has a heat 
input capacity of 73 MW (250 MMBtu/hr) or less, and that has an annual 
capacity factor for residual oil having a nitrogen content of 0.30 
weight percent or less, natural gas, distillate oil, gasified coal, or 
any mixture of these fuels, greater than 10 percent (0.10) shall:
    (1) Comply with the provisions of paragraphs (b), (c), (d), (e)(2), 
(e)(3), and (f) of this section; or
    (2) Monitor steam generating unit operating conditions and predict 
NOX emission rates as specified in a plan submitted pursuant 
to Sec.  60.49b(c).
    (h) The owner or operator of a duct burner, as described in Sec.  
60.41b, that is subject to the NOX standards in Sec.  
60.44b(a)(4), Sec.  60.44b(e), or Sec.  60.44b(l) is not required to 
install or operate a continuous emissions monitoring system to measure 
NOX emissions.
    (i) The owner or operator of an affected facility described in Sec.  
60.44b(j) or Sec.  60.44b(k) is not required to install or operate a 
CEMS for measuring NOX emissions.
    (j) The owner or operator of an affected facility that meets the 
conditions in either paragraph (j)(1), (2), (3), (4), (5), (6), or (7) 
of this section is not

[[Page 229]]

required to install or operate a COMS if:
    (1) The affected facility uses a PM CEMS to monitor PM emissions; or
    (2) The affected facility burns only liquid (excluding residual oil) 
or gaseous fuels with potential SO2 emissions rates of 26 ng/
J (0.060 lb/MMBtu) or less and does not use a post-combustion technology 
to reduce SO2 or PM emissions. The owner or operator must 
maintain fuel records of the sulfur content of the fuels burned, as 
described under Sec.  60.49b(r); or
    (3) The affected facility burns coke oven gas alone or in 
combination with fuels meeting the criteria in paragraph (j)(2) of this 
section and does not use a post-combustion technology to reduce 
SO2 or PM emissions; or
    (4) The affected facility does not use post-combustion technology 
(except a wet scrubber) for reducing PM, SO2, or carbon 
monoxide (CO) emissions, burns only gaseous fuels or fuel oils that 
contain less than or equal to 0.30 weight percent sulfur, and is 
operated such that emissions of CO to the atmosphere from the affected 
facility are maintained at levels less than or equal to 0.15 lb/MMBtu on 
a steam generating unit operating day average basis. Owners and 
operators of affected facilities electing to comply with this paragraph 
must demonstrate compliance according to the procedures specified in 
paragraphs (j)(4)(i) through (iv) of this section; or
    (i) You must monitor CO emissions using a CEMS according to the 
procedures specified in paragraphs (j)(4)(i)(A) through (D) of this 
section.
    (A) The CO CEMS must be installed, certified, maintained, and 
operated according to the provisions in Sec.  60.58b(i)(3) of subpart Eb 
of this part.
    (B) Each 1-hour CO emissions average is calculated using the data 
points generated by the CO CEMS expressed in parts per million by volume 
corrected to 3 percent oxygen (dry basis).
    (C) At a minimum, valid 1-hour CO emissions averages must be 
obtained for at least 90 percent of the operating hours on a 30-day 
rolling average basis. The 1-hour averages are calculated using the data 
points required in Sec.  60.13(h)(2).
    (D) Quarterly accuracy determinations and daily calibration drift 
tests for the CO CEMS must be performed in accordance with procedure 1 
in appendix F of this part.
    (ii) You must calculate the 1-hour average CO emissions levels for 
each steam generating unit operating day by multiplying the average 
hourly CO output concentration measured by the CO CEMS times the 
corresponding average hourly flue gas flow rate and divided by the 
corresponding average hourly heat input to the affected source. The 24-
hour average CO emission level is determined by calculating the 
arithmetic average of the hourly CO emission levels computed for each 
steam generating unit operating day.
    (iii) You must evaluate the preceding 24-hour average CO emission 
level each steam generating unit operating day excluding periods of 
affected source startup, shutdown, or malfunction. If the 24-hour 
average CO emission level is greater than 0.15 lb/MMBtu, you must 
initiate investigation of the relevant equipment and control systems 
within 24 hours of the first discovery of the high emission incident 
and, take the appropriate corrective action as soon as practicable to 
adjust control settings or repair equipment to reduce the 24-hour 
average CO emission level to 0.15 lb/MMBtu or less.
    (iv) You must record the CO measurements and calculations performed 
according to paragraph (j)(4) of this section and any corrective actions 
taken. The record of corrective action taken must include the date and 
time during which the 24-hour average CO emission level was greater than 
0.15 lb/MMBtu, and the date, time, and description of the corrective 
action.
    (5) The affected facility uses a bag leak detection system to 
monitor the performance of a fabric filter (baghouse) according to the 
most current requirements in section Sec.  60.48Da of this part; or
    (6) The affected facility uses an ESP as the primary PM control 
device and uses an ESP predictive model to monitor the performance of 
the ESP developed in accordance and operated according to the most 
current requirements in section Sec.  60.48Da of this part; or

[[Page 230]]

    (7) The affected facility burns only gaseous fuels or fuel oils that 
contain less than or equal to 0.30 weight percent sulfur and operates 
according to a written site-specific monitoring plan approved by the 
permitting authority. This monitoring plan must include procedures and 
criteria for establishing and monitoring specific parameters for the 
affected facility indicative of compliance with the opacity standard.
    (k) Owners or operators complying with the PM emission limit by 
using a PM CEMS must calibrate, maintain, operate, and record the output 
of the system for PM emissions discharged to the atmosphere as specified 
in Sec.  60.46b(j). The CEMS specified in paragraph Sec.  60.46b(j) 
shall be operated and data recorded during all periods of operation of 
the affected facility except for CEMS breakdowns and repairs. Data is 
recorded during calibration checks, and zero and span adjustments.
    (l) An owner or operator of an affected facility that is subject to 
an opacity standard under Sec.  60.43b(f) is not required to operate a 
COMS provided that the unit burns only gaseous fuels and/or liquid fuels 
(excluding residue oil) with a potential SO2 emissions rate 
no greater than 26 ng/J (0.060 lb/MMBtu), and the unit operates 
according to a written site-specific monitoring plan approved by the 
permitting authority is not required to operate a COMS. This monitoring 
plan must include procedures and criteria for establishing and 
monitoring specific parameters for the affected facility indicative of 
compliance with the opacity standard. For testing performed as part of 
this site-specific monitoring plan, the permitting authority may require 
as an alternative to the notification and reporting requirements 
specified in Sec. Sec.  60.8 and 60.11 that the owner or operator submit 
any deviations with the excess emissions report required under Sec.  
60.49b(h).

[72 FR 32742, June 13, 2007, as amended at 74 FR 5087, Jan. 28, 2009; 76 
FR 3523, Jan. 20, 2011; 77 FR 9460, Feb. 16, 2012]



Sec.  60.49b  Reporting and recordkeeping requirements.

    (a) The owner or operator of each affected facility shall submit 
notification of the date of initial startup, as provided by Sec.  60.7. 
This notification shall include:
    (1) The design heat input capacity of the affected facility and 
identification of the fuels to be combusted in the affected facility;
    (2) If applicable, a copy of any federally enforceable requirement 
that limits the annual capacity factor for any fuel or mixture of fuels 
under Sec.  60.42b(d)(1), Sec.  60.43b(a)(2), (a)(3)(iii), (c)(2)(ii), 
(d)(2)(iii), Sec.  60.44b(c), (d), (e), (i), (j), (k), Sec.  60.45b(d), 
(g), Sec.  60.46b(h), or Sec.  60.48b(i);
    (3) The annual capacity factor at which the owner or operator 
anticipates operating the facility based on all fuels fired and based on 
each individual fuel fired; and
    (4) Notification that an emerging technology will be used for 
controlling emissions of SO2. The Administrator will examine 
the description of the emerging technology and will determine whether 
the technology qualifies as an emerging technology. In making this 
determination, the Administrator may require the owner or operator of 
the affected facility to submit additional information concerning the 
control device. The affected facility is subject to the provisions of 
Sec.  60.42b(a) unless and until this determination is made by the 
Administrator.
    (b) The owner or operator of each affected facility subject to the 
SO2, PM, and/or NOX emission limits under 
Sec. Sec.  60.42b, 60.43b, and 60.44b shall submit to the Administrator 
the performance test data from the initial performance test and the 
performance evaluation of the CEMS using the applicable performance 
specifications in appendix B of this part. The owner or operator of each 
affected facility described in Sec.  60.44b(j) or Sec.  60.44b(k) shall 
submit to the Administrator the maximum heat input capacity data from 
the demonstration of the maximum heat input capacity of the affected 
facility.
    (c) The owner or operator of each affected facility subject to the 
NOX standard in Sec.  60.44b who seeks to demonstrate 
compliance with those standards through the monitoring of steam 
generating unit operating conditions in the provisions of Sec.  
60.48b(g)(2) shall submit to the Administrator for approval a plan that 
identifies the operating

[[Page 231]]

conditions to be monitored in Sec.  60.48b(g)(2) and the records to be 
maintained in Sec.  60.49b(g). This plan shall be submitted to the 
Administrator for approval within 360 days of the initial startup of the 
affected facility. An affected facility burning coke oven gas alone or 
in combination with other gaseous fuels or distillate oil shall submit 
this plan to the Administrator for approval within 360 days of the 
initial startup of the affected facility or by November 30, 2009, 
whichever date comes later. If the plan is approved, the owner or 
operator shall maintain records of predicted nitrogen oxide emission 
rates and the monitored operating conditions, including steam generating 
unit load, identified in the plan. The plan shall:
    (1) Identify the specific operating conditions to be monitored and 
the relationship between these operating conditions and NOX 
emission rates (i.e., ng/J or lbs/MMBtu heat input). Steam generating 
unit operating conditions include, but are not limited to, the degree of 
staged combustion (i.e., the ratio of primary air to secondary and/or 
tertiary air) and the level of excess air (i.e., flue gas O2 
level);
    (2) Include the data and information that the owner or operator used 
to identify the relationship between NOX emission rates and 
these operating conditions; and
    (3) Identify how these operating conditions, including steam 
generating unit load, will be monitored under Sec.  60.48b(g) on an 
hourly basis by the owner or operator during the period of operation of 
the affected facility; the quality assurance procedures or practices 
that will be employed to ensure that the data generated by monitoring 
these operating conditions will be representative and accurate; and the 
type and format of the records of these operating conditions, including 
steam generating unit load, that will be maintained by the owner or 
operator under Sec.  60.49b(g).
    (d) Except as provided in paragraph (d)(2) of this section, the 
owner or operator of an affected facility shall record and maintain 
records as specified in paragraph (d)(1) of this section.
    (1) The owner or operator of an affected facility shall record and 
maintain records of the amounts of each fuel combusted during each day 
and calculate the annual capacity factor individually for coal, 
distillate oil, residual oil, natural gas, wood, and municipal-type 
solid waste for the reporting period. The annual capacity factor is 
determined on a 12-month rolling average basis with a new annual 
capacity factor calculated at the end of each calendar month.
    (2) As an alternative to meeting the requirements of paragraph 
(d)(1) of this section, the owner or operator of an affected facility 
that is subject to a federally enforceable permit restricting fuel use 
to a single fuel such that the facility is not required to continuously 
monitor any emissions (excluding opacity) or parameters indicative of 
emissions may elect to record and maintain records of the amount of each 
fuel combusted during each calendar month.
    (e) For an affected facility that combusts residual oil and meets 
the criteria under Sec.  60.46b(e)(4), Sec.  60.44b(j), or (k), the 
owner or operator shall maintain records of the nitrogen content of the 
residual oil combusted in the affected facility and calculate the 
average fuel nitrogen content for the reporting period. The nitrogen 
content shall be determined using ASTM Method D4629 (incorporated by 
reference, see Sec.  60.17), or fuel suppliers. If residual oil blends 
are being combusted, fuel nitrogen specifications may be prorated based 
on the ratio of residual oils of different nitrogen content in the fuel 
blend.
    (f) For an affected facility subject to the opacity standard in 
Sec.  60.43b, the owner or operator shall maintain records of opacity. 
In addition, an owner or operator that elects to monitor emissions 
according to the requirements in Sec.  60.48b(a) shall maintain records 
according to the requirements specified in paragraphs (f)(1) through (3) 
of this section, as applicable to the visible emissions monitoring 
method used.
    (1) For each performance test conducted using Method 9 of appendix 
A-4 of this part, the owner or operator shall keep the records including 
the information specified in paragraphs (f)(1)(i) through (iii) of this 
section.

[[Page 232]]

    (i) Dates and time intervals of all opacity observation periods;
    (ii) Name, affiliation, and copy of current visible emission reading 
certification for each visible emission observer participating in the 
performance test; and
    (iii) Copies of all visible emission observer opacity field data 
sheets;
    (2) For each performance test conducted using Method 22 of appendix 
A-4 of this part, the owner or operator shall keep the records including 
the information specified in paragraphs (f)(2)(i) through (iv) of this 
section.
    (i) Dates and time intervals of all visible emissions observation 
periods;
    (ii) Name and affiliation for each visible emission observer 
participating in the performance test;
    (iii) Copies of all visible emission observer opacity field data 
sheets; and
    (iv) Documentation of any adjustments made and the time the 
adjustments were completed to the affected facility operation by the 
owner or operator to demonstrate compliance with the applicable 
monitoring requirements.
    (3) For each digital opacity compliance system, the owner or 
operator shall maintain records and submit reports according to the 
requirements specified in the site-specific monitoring plan approved by 
the Administrator.
    (g) Except as provided under paragraph (p) of this section, the 
owner or operator of an affected facility subject to the NOX 
standards under Sec.  60.44b shall maintain records of the following 
information for each steam generating unit operating day:
    (1) Calendar date;
    (2) The average hourly NOX emission rates (expressed as 
NO2) (ng/J or lb/MMBtu heat input) measured or predicted;
    (3) The 30-day average NOX emission rates (ng/J or lb/
MMBtu heat input) calculated at the end of each steam generating unit 
operating day from the measured or predicted hourly nitrogen oxide 
emission rates for the preceding 30 steam generating unit operating 
days;
    (4) Identification of the steam generating unit operating days when 
the calculated 30-day average NOX emission rates are in 
excess of the NOX emissions standards under Sec.  60.44b, 
with the reasons for such excess emissions as well as a description of 
corrective actions taken;
    (5) Identification of the steam generating unit operating days for 
which pollutant data have not been obtained, including reasons for not 
obtaining sufficient data and a description of corrective actions taken;
    (6) Identification of the times when emission data have been 
excluded from the calculation of average emission rates and the reasons 
for excluding data;
    (7) Identification of ``F'' factor used for calculations, method of 
determination, and type of fuel combusted;
    (8) Identification of the times when the pollutant concentration 
exceeded full span of the CEMS;
    (9) Description of any modifications to the CEMS that could affect 
the ability of the CEMS to comply with Performance Specification 2 or 3; 
and
    (10) Results of daily CEMS drift tests and quarterly accuracy 
assessments as required under appendix F, Procedure 1 of this part.
    (h) The owner or operator of any affected facility in any category 
listed in paragraphs (h)(1) or (2) of this section is required to submit 
excess emission reports for any excess emissions that occurred during 
the reporting period.
    (1) Any affected facility subject to the opacity standards in Sec.  
60.43b(f) or to the operating parameter monitoring requirements in Sec.  
60.13(i)(1).
    (2) Any affected facility that is subject to the NOX 
standard of Sec.  60.44b, and that:
    (i) Combusts natural gas, distillate oil, gasified coal, or residual 
oil with a nitrogen content of 0.3 weight percent or less; or
    (ii) Has a heat input capacity of 73 MW (250 MMBtu/hr) or less and 
is required to monitor NOX emissions on a continuous basis 
under Sec.  60.48b(g)(1) or steam generating unit operating conditions 
under Sec.  60.48b(g)(2).
    (3) For the purpose of Sec.  60.43b, excess emissions are defined as 
all 6-minute periods during which the average opacity exceeds the 
opacity standards under Sec.  60.43b(f).

[[Page 233]]

    (4) For purposes of Sec.  60.48b(g)(1), excess emissions are defined 
as any calculated 30-day rolling average NOX emission rate, 
as determined under Sec.  60.46b(e), that exceeds the applicable 
emission limits in Sec.  60.44b.
    (i) The owner or operator of any affected facility subject to the 
continuous monitoring requirements for NOX under Sec.  
60.48(b) shall submit reports containing the information recorded under 
paragraph (g) of this section.
    (j) The owner or operator of any affected facility subject to the 
SO2 standards under Sec.  60.42b shall submit reports.
    (k) For each affected facility subject to the compliance and 
performance testing requirements of Sec.  60.45b and the reporting 
requirement in paragraph (j) of this section, the following information 
shall be reported to the Administrator:
    (1) Calendar dates covered in the reporting period;
    (2) Each 30-day average SO2 emission rate (ng/J or lb/
MMBtu heat input) measured during the reporting period, ending with the 
last 30-day period; reasons for noncompliance with the emission 
standards; and a description of corrective actions taken; For an 
exceedance due to maintenance of the SO2 control system 
covered in paragraph 60.45b(a), the report shall identify the days on 
which the maintenance was performed and a description of the 
maintenance;
    (3) Each 30-day average percent reduction in SO2 
emissions calculated during the reporting period, ending with the last 
30-day period; reasons for noncompliance with the emission standards; 
and a description of corrective actions taken;
    (4) Identification of the steam generating unit operating days that 
coal or oil was combusted and for which SO2 or diluent 
(O2 or CO2) data have not been obtained by an 
approved method for at least 75 percent of the operating hours in the 
steam generating unit operating day; justification for not obtaining 
sufficient data; and description of corrective action taken;
    (5) Identification of the times when emissions data have been 
excluded from the calculation of average emission rates; justification 
for excluding data; and description of corrective action taken if data 
have been excluded for periods other than those during which coal or oil 
were not combusted in the steam generating unit;
    (6) Identification of ``F'' factor used for calculations, method of 
determination, and type of fuel combusted;
    (7) Identification of times when hourly averages have been obtained 
based on manual sampling methods;
    (8) Identification of the times when the pollutant concentration 
exceeded full span of the CEMS;
    (9) Description of any modifications to the CEMS that could affect 
the ability of the CEMS to comply with Performance Specification 2 or 3;
    (10) Results of daily CEMS drift tests and quarterly accuracy 
assessments as required under appendix F, Procedure 1 of this part; and
    (11) The annual capacity factor of each fired as provided under 
paragraph (d) of this section.
    (l) For each affected facility subject to the compliance and 
performance testing requirements of Sec.  60.45b(d) and the reporting 
requirements of paragraph (j) of this section, the following information 
shall be reported to the Administrator:
    (1) Calendar dates when the facility was in operation during the 
reporting period;
    (2) The 24-hour average SO2 emission rate measured for 
each steam generating unit operating day during the reporting period 
that coal or oil was combusted, ending in the last 24-hour period in the 
quarter; reasons for noncompliance with the emission standards; and a 
description of corrective actions taken;
    (3) Identification of the steam generating unit operating days that 
coal or oil was combusted for which S02 or diluent 
(O2 or CO2) data have not been obtained by an 
approved method for at least 75 percent of the operating hours; 
justification for not obtaining sufficient data; and description of 
corrective action taken;
    (4) Identification of the times when emissions data have been 
excluded from the calculation of average emission rates; justification 
for excluding data; and description of corrective action taken if data 
have been excluded for periods other than those during

[[Page 234]]

which coal or oil were not combusted in the steam generating unit;
    (5) Identification of ``F'' factor used for calculations, method of 
determination, and type of fuel combusted;
    (6) Identification of times when hourly averages have been obtained 
based on manual sampling methods;
    (7) Identification of the times when the pollutant concentration 
exceeded full span of the CEMS;
    (8) Description of any modifications to the CEMS that could affect 
the ability of the CEMS to comply with Performance Specification 2 or 3; 
and
    (9) Results of daily CEMS drift tests and quarterly accuracy 
assessments as required under Procedure 1 of appendix F 1 of this part. 
If the owner or operator elects to implement the alternative data 
assessment procedures described in Sec. Sec.  60.47b(e)(4)(i) through 
(e)(4)(iii), each data assessment report shall include a summary of the 
results of all of the RATAs, linearity checks, CGAs, and calibration 
error or drift assessments required by Sec. Sec.  60.47b(e)(4)(i) 
through (e)(4)(iii).
    (m) For each affected facility subject to the SO2 
standards in Sec.  60.42(b) for which the minimum amount of data 
required in Sec.  60.47b(c) were not obtained during the reporting 
period, the following information is reported to the Administrator in 
addition to that required under paragraph (k) of this section:
    (1) The number of hourly averages available for outlet emission 
rates and inlet emission rates;
    (2) The standard deviation of hourly averages for outlet emission 
rates and inlet emission rates, as determined in Method 19 of appendix A 
of this part, section 7;
    (3) The lower confidence limit for the mean outlet emission rate and 
the upper confidence limit for the mean inlet emission rate, as 
calculated in Method 19 of appendix A of this part, section 7; and
    (4) The ratio of the lower confidence limit for the mean outlet 
emission rate and the allowable emission rate, as determined in Method 
19 of appendix A of this part, section 7.
    (n) If a percent removal efficiency by fuel pretreatment (i.e., 
%Rf) is used to determine the overall percent reduction 
(i.e., %Ro) under Sec.  60.45b, the owner or operator of the 
affected facility shall submit a signed statement with the report.
    (1) Indicating what removal efficiency by fuel pretreatment (i.e., 
%Rf) was credited during the reporting period;
    (2) Listing the quantity, heat content, and date each pre-treated 
fuel shipment was received during the reporting period, the name and 
location of the fuel pretreatment facility; and the total quantity and 
total heat content of all fuels received at the affected facility during 
the reporting period;
    (3) Documenting the transport of the fuel from the fuel pretreatment 
facility to the steam generating unit; and
    (4) Including a signed statement from the owner or operator of the 
fuel pretreatment facility certifying that the percent removal 
efficiency achieved by fuel pretreatment was determined in accordance 
with the provisions of Method 19 of appendix A of this part and listing 
the heat content and sulfur content of each fuel before and after fuel 
pretreatment.
    (o) All records required under this section shall be maintained by 
the owner or operator of the affected facility for a period of 2 years 
following the date of such record.
    (p) The owner or operator of an affected facility described in Sec.  
60.44b(j) or (k) shall maintain records of the following information for 
each steam generating unit operating day:
    (1) Calendar date;
    (2) The number of hours of operation; and
    (3) A record of the hourly steam load.
    (q) The owner or operator of an affected facility described in Sec.  
60.44b(j) or Sec.  60.44b(k) shall submit to the Administrator a report 
containing:
    (1) The annual capacity factor over the previous 12 months;
    (2) The average fuel nitrogen content during the reporting period, 
if residual oil was fired; and
    (3) If the affected facility meets the criteria described in Sec.  
60.44b(j), the results of any NOX emission tests required 
during the reporting period, the hours of operation during the reporting 
period, and the hours of operation since the last NOX 
emission test.

[[Page 235]]

    (r) The owner or operator of an affected facility who elects to use 
the fuel based compliance alternatives in Sec.  60.42b or Sec.  60.43b 
shall either:
    (1) The owner or operator of an affected facility who elects to 
demonstrate that the affected facility combusts only very low sulfur 
oil, natural gas, wood, a mixture of these fuels, or any of these fuels 
(or a mixture of these fuels) in combination with other fuels that are 
known to contain an insignificant amount of sulfur in Sec.  60.42b(j) or 
Sec.  60.42b(k) shall obtain and maintain at the affected facility fuel 
receipts (such as a current, valid purchase contract, tariff sheet, or 
transportation contract) from the fuel supplier that certify that the 
oil meets the definition of distillate oil and gaseous fuel meets the 
definition of natural gas as defined in Sec.  60.41b and the applicable 
sulfur limit. For the purposes of this section, the distillate oil need 
not meet the fuel nitrogen content specification in the definition of 
distillate oil. Reports shall be submitted to the Administrator 
certifying that only very low sulfur oil meeting this definition, 
natural gas, wood, and/or other fuels that are known to contain 
insignificant amounts of sulfur were combusted in the affected facility 
during the reporting period; or
    (2) The owner or operator of an affected facility who elects to 
demonstrate compliance based on fuel analysis in Sec.  60.42b or Sec.  
60.43b shall develop and submit a site-specific fuel analysis plan to 
the Administrator for review and approval no later than 60 days before 
the date you intend to demonstrate compliance. Each fuel analysis plan 
shall include a minimum initial requirement of weekly testing and each 
analysis report shall contain, at a minimum, the following information:
    (i) The potential sulfur emissions rate of the representative fuel 
mixture in ng/J heat input;
    (ii) The method used to determine the potential sulfur emissions 
rate of each constituent of the mixture. For distillate oil and natural 
gas a fuel receipt or tariff sheet is acceptable;
    (iii) The ratio of different fuels in the mixture; and
    (iv) The owner or operator can petition the Administrator to approve 
monthly or quarterly sampling in place of weekly sampling.
    (s) Facility specific NOX standard for Cytec Industries 
Fortier Plant's C.AOG incinerator located in Westwego, Louisiana:
    (1) Definitions.
    Oxidation zone is defined as the portion of the C.AOG incinerator 
that extends from the inlet of the oxidizing zone combustion air to the 
outlet gas stack.
    Reducing zone is defined as the portion of the C.AOG incinerator 
that extends from the burner section to the inlet of the oxidizing zone 
combustion air.
    Total inlet air is defined as the total amount of air introduced 
into the C.AOG incinerator for combustion of natural gas and chemical 
by-product waste and is equal to the sum of the air flow into the 
reducing zone and the air flow into the oxidation zone.
    (2) Standard for nitrogen oxides. (i) When fossil fuel alone is 
combusted, the NOX emission limit for fossil fuel in Sec.  
60.44b(a) applies.
    (ii) When natural gas and chemical by-product waste are 
simultaneously combusted, the NOX emission limit is 289 ng/J 
(0.67 lb/MMBtu) and a maximum of 81 percent of the total inlet air 
provided for combustion shall be provided to the reducing zone of the 
C.AOG incinerator.
    (3) Emission monitoring. (i) The percent of total inlet air provided 
to the reducing zone shall be determined at least every 15 minutes by 
measuring the air flow of all the air entering the reducing zone and the 
air flow of all the air entering the oxidation zone, and compliance with 
the percentage of total inlet air that is provided to the reducing zone 
shall be determined on a 3-hour average basis.
    (ii) The NOX emission limit shall be determined by the 
compliance and performance test methods and procedures for 
NOX in Sec.  60.46b(i).
    (iii) The monitoring of the NOX emission limit shall be 
performed in accordance with Sec.  60.48b.
    (4) Reporting and recordkeeping requirements. (i) The owner or 
operator of the C.AOG incinerator shall submit a

[[Page 236]]

report on any excursions from the limits required by paragraph (a)(2) of 
this section to the Administrator with the quarterly report required by 
paragraph (i) of this section.
    (ii) The owner or operator of the C.AOG incinerator shall keep 
records of the monitoring required by paragraph (a)(3) of this section 
for a period of 2 years following the date of such record.
    (iii) The owner of operator of the C.AOG incinerator shall perform 
all the applicable reporting and recordkeeping requirements of this 
section.
    (t) Facility-specific NOX standard for Rohm and Haas 
Kentucky Incorporated's Boiler No. 100 located in Louisville, Kentucky:
    (1) Definitions.
    Air ratio control damper is defined as the part of the low 
NOX burner that is adjusted to control the split of total 
combustion air delivered to the reducing and oxidation portions of the 
combustion flame.
    Flue gas recirculation line is defined as the part of Boiler No. 100 
that recirculates a portion of the boiler flue gas back into the 
combustion air.
    (2) Standard for nitrogen oxides. (i) When fossil fuel alone is 
combusted, the NOX emission limit for fossil fuel in Sec.  
60.44b(a) applies.
    (ii) When fossil fuel and chemical by-product waste are 
simultaneously combusted, the NOX emission limit is 473 ng/J 
(1.1 lb/MMBtu), and the air ratio control damper tee handle shall be at 
a minimum of 5 inches (12.7 centimeters) out of the boiler, and the flue 
gas recirculation line shall be operated at a minimum of 10 percent open 
as indicated by its valve opening position indicator.
    (3) Emission monitoring for nitrogen oxides. (i) The air ratio 
control damper tee handle setting and the flue gas recirculation line 
valve opening position indicator setting shall be recorded during each 
8-hour operating shift.
    (ii) The NOX emission limit shall be determined by the 
compliance and performance test methods and procedures for 
NOX in Sec.  60.46b.
    (iii) The monitoring of the NOX emission limit shall be 
performed in accordance with Sec.  60.48b.
    (4) Reporting and recordkeeping requirements. (i) The owner or 
operator of Boiler No. 100 shall submit a report on any excursions from 
the limits required by paragraph (b)(2) of this section to the 
Administrator with the quarterly report required by Sec.  60.49b(i).
    (ii) The owner or operator of Boiler No. 100 shall keep records of 
the monitoring required by paragraph (b)(3) of this section for a period 
of 2 years following the date of such record.
    (iii) The owner of operator of Boiler No. 100 shall perform all the 
applicable reporting and recordkeeping requirements of Sec.  60.49b.
    (u) Site-specific standard for Merck & Co., Inc.'s Stonewall Plant 
in Elkton, Virginia. (1) This paragraph (u) applies only to the 
pharmaceutical manufacturing facility, commonly referred to as the 
Stonewall Plant, located at Route 340 South, in Elkton, Virginia 
(``site'') and only to the natural gas-fired boilers installed as part 
of the powerhouse conversion required pursuant to 40 CFR 52.2454(g). The 
requirements of this paragraph shall apply, and the requirements of 
Sec. Sec.  60.40b through 60.49b(t) shall not apply, to the natural gas-
fired boilers installed pursuant to 40 CFR 52.2454(g).
    (i) The site shall equip the natural gas-fired boilers with low 
NOX technology.
    (ii) The site shall install, calibrate, maintain, and operate a 
continuous monitoring and recording system for measuring NOX 
emissions discharged to the atmosphere and opacity using a continuous 
emissions monitoring system or a predictive emissions monitoring system.
    (iii) Within 180 days of the completion of the powerhouse 
conversion, as required by 40 CFR 52.2454, the site shall perform a 
performance test to quantify criteria pollutant emissions.
    (2) [Reserved]
    (v) The owner or operator of an affected facility may submit 
electronic quarterly reports for SO2 and/or NOX 
and/or opacity in lieu of submitting the written reports required under 
paragraphs (h), (i), (j), (k) or (l) of this section. The format of each 
quarterly electronic report shall be coordinated with the permitting 
authority. The electronic report(s) shall be submitted

[[Page 237]]

no later than 30 days after the end of the calendar quarter and shall be 
accompanied by a certification statement from the owner or operator, 
indicating whether compliance with the applicable emission standards and 
minimum data requirements of this subpart was achieved during the 
reporting period. Before submitting reports in the electronic format, 
the owner or operator shall coordinate with the permitting authority to 
obtain their agreement to submit reports in this alternative format.
    (w) The reporting period for the reports required under this subpart 
is each 6 month period. All reports shall be submitted to the 
Administrator and shall be postmarked by the 30th day following the end 
of the reporting period.
    (x) Facility-specific NOX standard for Weyerhaeuser 
Company's No. 2 Power Boiler located in New Bern, North Carolina:
    (1) Standard for nitrogen oxides. (i) When fossil fuel alone is 
combusted, the NOX emission limit for fossil fuel in Sec.  
60.44b(a) applies.
    (ii) When fossil fuel and chemical by-product waste are 
simultaneously combusted, the NOX emission limit is 215 ng/J 
(0.5 lb/MMBtu).
    (2) Emission monitoring for nitrogen oxides. (i) The NOX 
emissions shall be determined by the compliance and performance test 
methods and procedures for NOX in Sec.  60.46b.
    (ii) The monitoring of the NOX emissions shall be 
performed in accordance with Sec.  60.48b.
    (3) Reporting and recordkeeping requirements. (i) The owner or 
operator of the No. 2 Power Boiler shall submit a report on any 
excursions from the limits required by paragraph (x)(2) of this section 
to the Administrator with the quarterly report required by Sec.  
60.49b(i).
    (ii) The owner or operator of the No. 2 Power Boiler shall keep 
records of the monitoring required by paragraph (x)(3) of this section 
for a period of 2 years following the date of such record.
    (iii) The owner or operator of the No. 2 Power Boiler shall perform 
all the applicable reporting and recordkeeping requirements of Sec.  
60.49b.
    (y) Facility-specific NOX standard for INEOS USA's AOGI 
located in Lima, Ohio:
    (1) Standard for NOX. (i) When fossil fuel alone is 
combusted, the NOX emission limit for fossil fuel in Sec.  
60.44b(a) applies.
    (ii) When fossil fuel and chemical byproduct/waste are 
simultaneously combusted, the NOX emission limit is 645 ng/J 
(1.5 lb/MMBtu).
    (2) Emission monitoring for NOX. (i) The NOX 
emissions shall be determined by the compliance and performance test 
methods and procedures for NOX in Sec.  60.46b.
    (ii) The monitoring of the NOX emissions shall be 
performed in accordance with Sec.  60.48b.
    (3) Reporting and recordkeeping requirements. (i) The owner or 
operator of the AOGI shall submit a report on any excursions from the 
limits required by paragraph (y)(2) of this section to the Administrator 
with the quarterly report required by paragraph (i) of this section.
    (ii) The owner or operator of the AOGI shall keep records of the 
monitoring required by paragraph (y)(3) of this section for a period of 
2 years following the date of such record.
    (iii) The owner or operator of the AOGI shall perform all the 
applicable reporting and recordkeeping requirements of this section.

[72 FR 32742, June 13, 2007, as amended at 74 FR 5089, Jan. 28, 2009; 77 
FR 9461, Feb. 16, 2012]



  Subpart Dc_Standards of Performance for Small Industrial-Commercial-
                  Institutional Steam Generating Units

    Source: 72 FR 32759, June 13, 2007, unless otherwise noted.



Sec.  60.40c  Applicability and delegation of authority.

    (a) Except as provided in paragraphs (d), (e), (f), and (g) of this 
section, the affected facility to which this subpart applies is each 
steam generating unit for which construction, modification, or 
reconstruction is commenced after June 9, 1989 and that has a maximum 
design heat input capacity of 29

[[Page 238]]

megawatts (MW) (100 million British thermal units per hour (MMBtu/h)) or 
less, but greater than or equal to 2.9 MW (10 MMBtu/h).
    (b) In delegating implementation and enforcement authority to a 
State under section 111(c) of the Clean Air Act, Sec.  60.48c(a)(4) 
shall be retained by the Administrator and not transferred to a State.
    (c) Steam generating units that meet the applicability requirements 
in paragraph (a) of this section are not subject to the sulfur dioxide 
(SO2) or particulate matter (PM) emission limits, performance 
testing requirements, or monitoring requirements under this subpart 
(Sec.  60.42c, Sec.  60.43c, Sec.  60.44c, Sec.  60.45c, Sec.  60.46c, 
or Sec.  60.47c) during periods of combustion research, as defined in 
Sec.  60.41c.
    (d) Any temporary change to an existing steam generating unit for 
the purpose of conducting combustion research is not considered a 
modification under Sec.  60.14.
    (e) Affected facilities (i.e. heat recovery steam generators and 
fuel heaters) that are associated with stationary combustion turbines 
and meet the applicability requirements of subpart KKKK of this part are 
not subject to this subpart. This subpart will continue to apply to all 
other heat recovery steam generators, fuel heaters, and other affected 
facilities that are capable of combusting more than or equal to 2.9 MW 
(10 MMBtu/h) heat input of fossil fuel but less than or equal to 29 MW 
(100 MMBtu/h) heat input of fossil fuel. If the heat recovery steam 
generator, fuel heater, or other affected facility is subject to this 
subpart, only emissions resulting from combustion of fuels in the steam 
generating unit are subject to this subpart. (The stationary combustion 
turbine emissions are subject to subpart GG or KKKK, as applicable, of 
this part.)
    (f) Any affected facility that meets the applicability requirements 
of and is subject to subpart AAAA or subpart CCCC of this part is not 
subject to this subpart.
    (g) Any facility that meets the applicability requirements and is 
subject to an EPA approved State or Federal section 111(d)/129 plan 
implementing subpart BBBB of this part is not subject to this subpart.
    (h) Affected facilities that also meet the applicability 
requirements under subpart J or subpart Ja of this part are subject to 
the PM and NOX standards under this subpart and the 
SO2 standards under subpart J or subpart Ja of this part, as 
applicable.
    (i) Temporary boilers are not subject to this subpart.

[72 FR 32759, June 13, 2007, as amended at 74 FR 5090, Jan. 28, 2009; 77 
FR 9461, Feb. 16, 2012]



Sec.  60.41c  Definitions.

    As used in this subpart, all terms not defined herein shall have the 
meaning given them in the Clean Air Act and in subpart A of this part.
    Annual capacity factor means the ratio between the actual heat input 
to a steam generating unit from an individual fuel or combination of 
fuels during a period of 12 consecutive calendar months and the 
potential heat input to the steam generating unit from all fuels had the 
steam generating unit been operated for 8,760 hours during that 12-month 
period at the maximum design heat input capacity. In the case of steam 
generating units that are rented or leased, the actual heat input shall 
be determined based on the combined heat input from all operations of 
the affected facility during a period of 12 consecutive calendar months.
    Coal means all solid fuels classified as anthracite, bituminous, 
subbituminous, or lignite by the American Society of Testing and 
Materials in ASTM D388 (incorporated by reference, see Sec.  60.17), 
coal refuse, and petroleum coke. Coal-derived synthetic fuels derived 
from coal for the purposes of creating useful heat, including but not 
limited to solvent refined coal, gasified coal not meeting the 
definition of natural gas, coal-oil mixtures, and coal-water mixtures, 
are also included in this definition for the purposes of this subpart.
    Coal refuse means any by-product of coal mining or coal cleaning 
operations with an ash content greater than 50 percent (by weight) and a 
heating value less than 13,900 kilojoules per kilogram (kJ/kg) (6,000 
Btu per pound (Btu/lb) on a dry basis.

[[Page 239]]

    Combined cycle system means a system in which a separate source 
(such as a stationary gas turbine, internal combustion engine, or kiln) 
provides exhaust gas to a steam generating unit.
    Combustion research means the experimental firing of any fuel or 
combination of fuels in a steam generating unit for the purpose of 
conducting research and development of more efficient combustion or more 
effective prevention or control of air pollutant emissions from 
combustion, provided that, during these periods of research and 
development, the heat generated is not used for any purpose other than 
preheating combustion air for use by that steam generating unit (i.e., 
the heat generated is released to the atmosphere without being used for 
space heating, process heating, driving pumps, preheating combustion air 
for other units, generating electricity, or any other purpose).
    Conventional technology means wet flue gas desulfurization 
technology, dry flue gas desulfurization technology, atmospheric 
fluidized bed combustion technology, and oil hydrodesulfurization 
technology.
    Distillate oil means fuel oil that complies with the specifications 
for fuel oil numbers 1 or 2, as defined by the American Society for 
Testing and Materials in ASTM D396 (incorporated by reference, see Sec.  
60.17), diesel fuel oil numbers 1 or 2, as defined by the American 
Society for Testing and Materials in ASTM D975 (incorporated by 
reference, see Sec.  60.17), kerosine, as defined by the American 
Society of Testing and Materials in ASTM D3699 (incorporated by 
reference, see Sec.  60.17), biodiesel as defined by the American 
Society of Testing and Materials in ASTM D6751 (incorporated by 
reference, see Sec.  60.17), or biodiesel blends as defined by the 
American Society of Testing and Materials in ASTM D7467 (incorporated by 
reference, see Sec.  60.17).
    Dry flue gas desulfurization technology means a SO2 
control system that is located between the steam generating unit and the 
exhaust vent or stack, and that removes sulfur oxides from the 
combustion gases of the steam generating unit by contacting the 
combustion gases with an alkaline reagent and water, whether introduced 
separately or as a premixed slurry or solution and forming a dry powder 
material. This definition includes devices where the dry powder material 
is subsequently converted to another form. Alkaline reagents used in dry 
flue gas desulfurization systems include, but are not limited to, lime 
and sodium compounds.
    Duct burner means a device that combusts fuel and that is placed in 
the exhaust duct from another source (such as a stationary gas turbine, 
internal combustion engine, kiln, etc.) to allow the firing of 
additional fuel to heat the exhaust gases before the exhaust gases enter 
a steam generating unit.
    Emerging technology means any SO2 control system that is 
not defined as a conventional technology under this section, and for 
which the owner or operator of the affected facility has received 
approval from the Administrator to operate as an emerging technology 
under Sec.  60.48c(a)(4).
    Federally enforceable means all limitations and conditions that are 
enforceable by the Administrator, including the requirements of 40 CFR 
parts 60 and 61, requirements within any applicable State implementation 
plan, and any permit requirements established under 40 CFR 52.21 or 
under 40 CFR 51.18 and 51.24.
    Fluidized bed combustion technology means a device wherein fuel is 
distributed onto a bed (or series of beds) of limestone aggregate (or 
other sorbent materials) for combustion; and these materials are forced 
upward in the device by the flow of combustion air and the gaseous 
products of combustion. Fluidized bed combustion technology includes, 
but is not limited to, bubbling bed units and circulating bed units.
    Fuel pretreatment means a process that removes a portion of the 
sulfur in a fuel before combustion of the fuel in a steam generating 
unit.
    Heat input means heat derived from combustion of fuel in a steam 
generating unit and does not include the heat derived from preheated 
combustion air, recirculated flue gases, or exhaust gases from other 
sources (such as stationary gas turbines, internal combustion engines, 
and kilns).

[[Page 240]]

    Heat transfer medium means any material that is used to transfer 
heat from one point to another point.
    Maximum design heat input capacity means the ability of a steam 
generating unit to combust a stated maximum amount of fuel (or 
combination of fuels) on a steady state basis as determined by the 
physical design and characteristics of the steam generating unit.
    Natural gas means:
    (1) A naturally occurring mixture of hydrocarbon and nonhydrocarbon 
gases found in geologic formations beneath the earth's surface, of which 
the principal constituent is methane; or
    (2) Liquefied petroleum (LP) gas, as defined by the American Society 
for Testing and Materials in ASTM D1835 (incorporated by reference, see 
Sec.  60.17); or
    (3) A mixture of hydrocarbons that maintains a gaseous state at ISO 
conditions. Additionally, natural gas must either be composed of at 
least 70 percent methane by volume or have a gross calorific value 
between 34 and 43 megajoules (MJ) per dry standard cubic meter (910 and 
1,150 Btu per dry standard cubic foot).
    Noncontinental area means the State of Hawaii, the Virgin Islands, 
Guam, American Samoa, the Commonwealth of Puerto Rico, or the Northern 
Mariana Islands.
    Oil means crude oil or petroleum, or a liquid fuel derived from 
crude oil or petroleum, including distillate oil and residual oil.
    Potential sulfur dioxide emission rate means the theoretical 
SO2 emissions (nanograms per joule (ng/J) or lb/MMBtu heat 
input) that would result from combusting fuel in an uncleaned state and 
without using emission control systems.
    Process heater means a device that is primarily used to heat a 
material to initiate or promote a chemical reaction in which the 
material participates as a reactant or catalyst.
    Residual oil means crude oil, fuel oil that does not comply with the 
specifications under the definition of distillate oil, and all fuel oil 
numbers 4, 5, and 6, as defined by the American Society for Testing and 
Materials in ASTM D396 (incorporated by reference, see Sec.  60.17).
    Steam generating unit means a device that combusts any fuel and 
produces steam or heats water or heats any heat transfer medium. This 
term includes any duct burner that combusts fuel and is part of a 
combined cycle system. This term does not include process heaters as 
defined in this subpart.
    Steam generating unit operating day means a 24-hour period between 
12:00 midnight and the following midnight during which any fuel is 
combusted at any time in the steam generating unit. It is not necessary 
for fuel to be combusted continuously for the entire 24-hour period.
    Temporary boiler means a steam generating unit that combusts natural 
gas or distillate oil with a potential SO2 emissions rate no 
greater than 26 ng/J (0.060 lb/MMBtu), and the unit is designed to, and 
is capable of, being carried or moved from one location to another by 
means of, for example, wheels, skids, carrying handles, dollies, 
trailers, or platforms. A steam generating unit is not a temporary 
boiler if any one of the following conditions exists:
    (1) The equipment is attached to a foundation.
    (2) The steam generating unit or a replacement remains at a location 
for more than 180 consecutive days. Any temporary boiler that replaces a 
temporary boiler at a location and performs the same or similar function 
will be included in calculating the consecutive time period.
    (3) The equipment is located at a seasonal facility and operates 
during the full annual operating period of the seasonal facility, 
remains at the facility for at least 2 years, and operates at that 
facility for at least 3 months each year.
    (4) The equipment is moved from one location to another in an 
attempt to circumvent the residence time requirements of this 
definition.
    Wet flue gas desulfurization technology means an SO2 
control system that is located between the steam generating unit and the 
exhaust vent or stack, and that removes sulfur oxides from the 
combustion gases of the steam generating unit by contacting the 
combustion gases with an alkaline slurry or

[[Page 241]]

solution and forming a liquid material. This definition includes devices 
where the liquid material is subsequently converted to another form. 
Alkaline reagents used in wet flue gas desulfurization systems include, 
but are not limited to, lime, limestone, and sodium compounds.
    Wet scrubber system means any emission control device that mixes an 
aqueous stream or slurry with the exhaust gases from a steam generating 
unit to control emissions of PM or SO2.
    Wood means wood, wood residue, bark, or any derivative fuel or 
residue thereof, in any form, including but not limited to sawdust, 
sanderdust, wood chips, scraps, slabs, millings, shavings, and processed 
pellets made from wood or other forest residues.

[72 FR 32759, June 13, 2007, as amended at 74 FR 5090, Jan. 28, 2009; 77 
FR 9461, Feb. 16, 2012]



Sec.  60.42c  Standard for sulfur dioxide (SO2).

    (a) Except as provided in paragraphs (b), (c), and (e) of this 
section, on and after the date on which the performance test is 
completed or required to be completed under Sec.  60.8, whichever date 
comes first, the owner or operator of an affected facility that combusts 
only coal shall neither: cause to be discharged into the atmosphere from 
the affected facility any gases that contain SO2 in excess of 
87 ng/J (0.20 lb/MMBtu) heat input or 10 percent (0.10) of the potential 
SO2 emission rate (90 percent reduction), nor cause to be 
discharged into the atmosphere from the affected facility any gases that 
contain SO2 in excess of 520 ng/J (1.2 lb/MMBtu) heat input. 
If coal is combusted with other fuels, the affected facility shall 
neither: cause to be discharged into the atmosphere from the affected 
facility any gases that contain SO2 in excess of 87 ng/J 
(0.20 lb/MMBtu) heat input or 10 percent (0.10) of the potential 
SO2 emission rate (90 percent reduction), nor cause to be 
discharged into the atmosphere from the affected facility any gases that 
contain SO2 in excess of the emission limit is determined 
pursuant to paragraph (e)(2) of this section.
    (b) Except as provided in paragraphs (c) and (e) of this section, on 
and after the date on which the performance test is completed or 
required to be completed under Sec.  60.8, whichever date comes first, 
the owner or operator of an affected facility that:
    (1) Combusts only coal refuse alone in a fluidized bed combustion 
steam generating unit shall neither:
    (i) Cause to be discharged into the atmosphere from that affected 
facility any gases that contain SO2 in excess of 87 ng/J 
(0.20 lb/MMBtu) heat input or 20 percent (0.20) of the potential 
SO2 emission rate (80 percent reduction); nor
    (ii) Cause to be discharged into the atmosphere from that affected 
facility any gases that contain SO2 in excess of 
SO2 in excess of 520 ng/J (1.2 lb/MMBtu) heat input. If coal 
is fired with coal refuse, the affected facility subject to paragraph 
(a) of this section. If oil or any other fuel (except coal) is fired 
with coal refuse, the affected facility is subject to the 87 ng/J (0.20 
lb/MMBtu) heat input SO2 emissions limit or the 90 percent 
SO2 reduction requirement specified in paragraph (a) of this 
section and the emission limit is determined pursuant to paragraph 
(e)(2) of this section.
    (2) Combusts only coal and that uses an emerging technology for the 
control of SO2 emissions shall neither:
    (i) Cause to be discharged into the atmosphere from that affected 
facility any gases that contain SO2 in excess of 50 percent 
(0.50) of the potential SO2 emission rate (50 percent 
reduction); nor
    (ii) Cause to be discharged into the atmosphere from that affected 
facility any gases that contain SO2 in excess of 260 ng/J 
(0.60 lb/MMBtu) heat input. If coal is combusted with other fuels, the 
affected facility is subject to the 50 percent SO2 reduction 
requirement specified in this paragraph and the emission limit 
determined pursuant to paragraph (e)(2) of this section.
    (c) On and after the date on which the initial performance test is 
completed or required to be completed under Sec.  60.8, whichever date 
comes first, no owner or operator of an affected facility that combusts 
coal, alone or in combination with any other fuel, and is listed in 
paragraphs (c)(1), (2), (3), or (4) of this section shall cause to be 
discharged into the atmosphere from that affected facility any gases 
that contain

[[Page 242]]

SO2 in excess of the emission limit determined pursuant to 
paragraph (e)(2) of this section. Percent reduction requirements are not 
applicable to affected facilities under paragraphs (c)(1), (2), (3), or 
(4).
    (1) Affected facilities that have a heat input capacity of 22 MW (75 
MMBtu/h) or less;
    (2) Affected facilities that have an annual capacity for coal of 55 
percent (0.55) or less and are subject to a federally enforceable 
requirement limiting operation of the affected facility to an annual 
capacity factor for coal of 55 percent (0.55) or less.
    (3) Affected facilities located in a noncontinental area; or
    (4) Affected facilities that combust coal in a duct burner as part 
of a combined cycle system where 30 percent (0.30) or less of the heat 
entering the steam generating unit is from combustion of coal in the 
duct burner and 70 percent (0.70) or more of the heat entering the steam 
generating unit is from exhaust gases entering the duct burner.
    (d) On and after the date on which the initial performance test is 
completed or required to be completed under Sec.  60.8, whichever date 
comes first, no owner or operator of an affected facility that combusts 
oil shall cause to be discharged into the atmosphere from that affected 
facility any gases that contain SO2 in excess of 215 ng/J 
(0.50 lb/MMBtu) heat input from oil; or, as an alternative, no owner or 
operator of an affected facility that combusts oil shall combust oil in 
the affected facility that contains greater than 0.5 weight percent 
sulfur. The percent reduction requirements are not applicable to 
affected facilities under this paragraph.
    (e) On and after the date on which the initial performance test is 
completed or required to be completed under Sec.  60.8, whichever date 
comes first, no owner or operator of an affected facility that combusts 
coal, oil, or coal and oil with any other fuel shall cause to be 
discharged into the atmosphere from that affected facility any gases 
that contain SO2 in excess of the following:
    (1) The percent of potential SO2 emission rate or 
numerical SO2 emission rate required under paragraph (a) or 
(b)(2) of this section, as applicable, for any affected facility that
    (i) Combusts coal in combination with any other fuel;
    (ii) Has a heat input capacity greater than 22 MW (75 MMBtu/h); and
    (iii) Has an annual capacity factor for coal greater than 55 percent 
(0.55); and
    (2) The emission limit determined according to the following formula 
for any affected facility that combusts coal, oil, or coal and oil with 
any other fuel:

[GRAPHIC] [TIFF OMITTED] TR28JA09.005

Where:

Es = SO2 emission limit, expressed in ng/J or lb/
          MMBtu heat input;
Ka = 520 ng/J (1.2 lb/MMBtu);
Kb = 260 ng/J (0.60 lb/MMBtu);
Kc = 215 ng/J (0.50 lb/MMBtu);
Ha = Heat input from the combustion of coal, except coal 
          combusted in an affected facility subject to paragraph (b)(2) 
          of this section, in Joules (J) [MMBtu];
Hb = Heat input from the combustion of coal in an affected 
          facility subject to paragraph (b)(2) of this section, in J 
          (MMBtu); and
Hc = Heat input from the combustion of oil, in J (MMBtu).

    (f) Reduction in the potential SO2 emission rate through 
fuel pretreatment is not credited toward the percent reduction 
requirement under paragraph (b)(2) of this section unless:
    (1) Fuel pretreatment results in a 50 percent (0.50) or greater 
reduction in the potential SO2 emission rate; and
    (2) Emissions from the pretreated fuel (without either combustion or 
post-combustion SO2 control) are equal to or less than the 
emission limits specified under paragraph (b)(2) of this section.
    (g) Except as provided in paragraph (h) of this section, compliance 
with the percent reduction requirements, fuel oil sulfur limits, and 
emission limits of this section shall be determined on a 30-day rolling 
average basis.
    (h) For affected facilities listed under paragraphs (h)(1), (2), 
(3), or (4) of this section, compliance with the emission limits or fuel 
oil sulfur limits under this section may be determined based

[[Page 243]]

on a certification from the fuel supplier, as described under Sec.  
60.48c(f), as applicable.
    (1) Distillate oil-fired affected facilities with heat input 
capacities between 2.9 and 29 MW (10 and 100 MMBtu/hr).
    (2) Residual oil-fired affected facilities with heat input 
capacities between 2.9 and 8.7 MW (10 and 30 MMBtu/hr).
    (3) Coal-fired affected facilities with heat input capacities 
between 2.9 and 8.7 MW (10 and 30 MMBtu/h).
    (4) Other fuels-fired affected facilities with heat input capacities 
between 2.9 and 8.7 MW (10 and 30 MMBtu/h).
    (i) The SO2 emission limits, fuel oil sulfur limits, and 
percent reduction requirements under this section apply at all times, 
including periods of startup, shutdown, and malfunction.
    (j) For affected facilities located in noncontinental areas and 
affected facilities complying with the percent reduction standard, only 
the heat input supplied to the affected facility from the combustion of 
coal and oil is counted under this section. No credit is provided for 
the heat input to the affected facility from wood or other fuels or for 
heat derived from exhaust gases from other sources, such as stationary 
gas turbines, internal combustion engines, and kilns.

[72 FR 32759, June 13, 2007, as amended at 74 FR 5090, Jan. 28, 2009; 77 
FR 9462, Feb. 16, 2012]



Sec.  60.43c  Standard for particulate matter (PM).

    (a) On and after the date on which the initial performance test is 
completed or required to be completed under Sec.  60.8, whichever date 
comes first, no owner or operator of an affected facility that commenced 
construction, reconstruction, or modification on or before February 28, 
2005, that combusts coal or combusts mixtures of coal with other fuels 
and has a heat input capacity of 8.7 MW (30 MMBtu/h) or greater, shall 
cause to be discharged into the atmosphere from that affected facility 
any gases that contain PM in excess of the following emission limits:
    (1) 22 ng/J (0.051 lb/MMBtu) heat input if the affected facility 
combusts only coal, or combusts coal with other fuels and has an annual 
capacity factor for the other fuels of 10 percent (0.10) or less.
    (2) 43 ng/J (0.10 lb/MMBtu) heat input if the affected facility 
combusts coal with other fuels, has an annual capacity factor for the 
other fuels greater than 10 percent (0.10), and is subject to a 
federally enforceable requirement limiting operation of the affected 
facility to an annual capacity factor greater than 10 percent (0.10) for 
fuels other than coal.
    (b) On and after the date on which the initial performance test is 
completed or required to be completed under Sec.  60.8, whichever date 
comes first, no owner or operator of an affected facility that commenced 
construction, reconstruction, or modification on or before February 28, 
2005, that combusts wood or combusts mixtures of wood with other fuels 
(except coal) and has a heat input capacity of 8.7 MW (30 MMBtu/h) or 
greater, shall cause to be discharged into the atmosphere from that 
affected facility any gases that contain PM in excess of the following 
emissions limits:
    (1) 43 ng/J (0.10 lb/MMBtu) heat input if the affected facility has 
an annual capacity factor for wood greater than 30 percent (0.30); or
    (2) 130 ng/J (0.30 lb/MMBtu) heat input if the affected facility has 
an annual capacity factor for wood of 30 percent (0.30) or less and is 
subject to a federally enforceable requirement limiting operation of the 
affected facility to an annual capacity factor for wood of 30 percent 
(0.30) or less.
    (c) On and after the date on which the initial performance test is 
completed or required to be completed under Sec.  60.8, whichever date 
comes first, no owner or operator of an affected facility that combusts 
coal, wood, or oil and has a heat input capacity of 8.7 MW (30 MMBtu/h) 
or greater shall cause to be discharged into the atmosphere from that 
affected facility any gases that exhibit greater than 20 percent opacity 
(6-minute average), except for one 6-minute period per hour of not more 
than 27 percent opacity. Owners and operators of an affected facility 
that elect to install, calibrate, maintain, and operate a continuous 
emissions monitoring system (CEMS) for measuring PM emissions according 
to

[[Page 244]]

the requirements of this subpart and are subject to a federally 
enforceable PM limit of 0.030 lb/MMBtu or less are exempt from the 
opacity standard specified in this paragraph (c).
    (d) The PM and opacity standards under this section apply at all 
times, except during periods of startup, shutdown, or malfunction.
    (e)(1) On and after the date on which the initial performance test 
is completed or is required to be completed under Sec.  60.8, whichever 
date comes first, no owner or operator of an affected facility that 
commences construction, reconstruction, or modification after February 
28, 2005, and that combusts coal, oil, wood, a mixture of these fuels, 
or a mixture of these fuels with any other fuels and has a heat input 
capacity of 8.7 MW (30 MMBtu/h) or greater shall cause to be discharged 
into the atmosphere from that affected facility any gases that contain 
PM in excess of 13 ng/J (0.030 lb/MMBtu) heat input, except as provided 
in paragraphs (e)(2), (e)(3), and (e)(4) of this section.
    (2) As an alternative to meeting the requirements of paragraph 
(e)(1) of this section, the owner or operator of an affected facility 
for which modification commenced after February 28, 2005, may elect to 
meet the requirements of this paragraph. On and after the date on which 
the initial performance test is completed or required to be completed 
under Sec.  60.8, whichever date comes first, no owner or operator of an 
affected facility that commences modification after February 28, 2005 
shall cause to be discharged into the atmosphere from that affected 
facility any gases that contain PM in excess of both:
    (i) 22 ng/J (0.051 lb/MMBtu) heat input derived from the combustion 
of coal, oil, wood, a mixture of these fuels, or a mixture of these 
fuels with any other fuels; and
    (ii) 0.2 percent of the combustion concentration (99.8 percent 
reduction) when combusting coal, oil, wood, a mixture of these fuels, or 
a mixture of these fuels with any other fuels.
    (3) On and after the date on which the initial performance test is 
completed or is required to be completed under Sec.  60.8, whichever 
date comes first, no owner or operator of an affected facility that 
commences modification after February 28, 2005, and that combusts over 
30 percent wood (by heat input) on an annual basis and has a heat input 
capacity of 8.7 MW (30 MMBtu/h) or greater shall cause to be discharged 
into the atmosphere from that affected facility any gases that contain 
PM in excess of 43 ng/J (0.10 lb/MMBtu) heat input.
    (4) An owner or operator of an affected facility that commences 
construction, reconstruction, or modification after February 28, 2005, 
and that combusts 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 standard under Sec.  60.43c and not using a 
post-combustion technology (except a wet scrubber) to reduce PM or 
SO2 emissions is not subject to the PM limit in this section.

[72 FR 32759, June 13, 2007, as amended at 74 FR 5091, Jan. 28, 2009; 77 
FR 9462, Feb. 16, 2012]



Sec.  60.44c  Compliance and performance test methods and procedures
for sulfur dioxide.

    (a) Except as provided in paragraphs (g) and (h) of this section and 
Sec.  60.8(b), performance tests required under Sec.  60.8 shall be 
conducted following the procedures specified in paragraphs (b), (c), 
(d), (e), and (f) of this section, as applicable. Section 60.8(f) does 
not apply to this section. The 30-day notice required in Sec.  60.8(d) 
applies only to the initial performance test unless otherwise specified 
by the Administrator.
    (b) The initial performance test required under Sec.  60.8 shall be 
conducted over 30 consecutive operating days of the steam generating 
unit. Compliance with the percent reduction requirements and 
SO2 emission limits under Sec.  60.42c shall be determined 
using a 30-day average. The first operating day included in the initial 
performance test shall be scheduled within 30 days after achieving the 
maximum production rate at which the affect facility will be operated, 
but not later than 180 days after the initial startup of the facility. 
The steam generating unit load during the 30-day period does not have to 
be

[[Page 245]]

the maximum design heat input capacity, but must be representative of 
future operating conditions.
    (c) After the initial performance test required under paragraph (b) 
of this section and Sec.  60.8, compliance with the percent reduction 
requirements and SO2 emission limits under Sec.  60.42c is 
based on the average percent reduction and the average SO2 
emission rates for 30 consecutive steam generating unit operating days. 
A separate performance test is completed at the end of each steam 
generating unit operating day, and a new 30-day average percent 
reduction and SO2 emission rate are calculated to show 
compliance with the standard.
    (d) If only coal, only oil, or a mixture of coal and oil is 
combusted in an affected facility, the procedures in Method 19 of 
appendix A of this part are used to determine the hourly SO2 
emission rate (Eho) and the 30-day average SO2 
emission rate (Eao). The hourly averages used to compute the 
30-day averages are obtained from the CEMS. Method 19 of appendix A of 
this part shall be used to calculate Eao when using daily 
fuel sampling or Method 6B of appendix A of this part.
    (e) If coal, oil, or coal and oil are combusted with other fuels:
    (1) An adjusted Eho (Ehoo) is used in Equation 
19-19 of Method 19 of appendix A of this part to compute the adjusted 
Eao (Eaoo). The Ehoo is computed using 
the following formula:
[GRAPHIC] [TIFF OMITTED] TR13JN07.033

Where:

Ehoo = Adjusted Eho, ng/J (lb/MMBtu);
Eho = Hourly SO2 emission rate, ng/J (lb/MMBtu);
Ew = SO2 concentration in fuels other than coal 
          and oil combusted in the affected facility, as determined by 
          fuel sampling and analysis procedures in Method 9 of appendix 
          A of this part, ng/J (lb/MMBtu). The value Ew for 
          each fuel lot is used for each hourly average during the time 
          that the lot is being combusted. The owner or operator does 
          not have to measure Ew if the owner or operator 
          elects to assume Ew = 0.
Xk = Fraction of the total heat input from fuel combustion 
          derived from coal and oil, as determined by applicable 
          procedures in Method 19 of appendix A of this part.

    (2) The owner or operator of an affected facility that qualifies 
under the provisions of Sec.  60.42c(c) or (d) (where percent reduction 
is not required) does not have to measure the parameters Ew 
or Xk if the owner or operator of the affected facility 
elects to measure emission rates of the coal or oil using the fuel 
sampling and analysis procedures under Method 19 of appendix A of this 
part.
    (f) Affected facilities subject to the percent reduction 
requirements under Sec.  60.42c(a) or (b) shall determine compliance 
with the SO2 emission limits under Sec.  60.42c pursuant to 
paragraphs (d) or (e) of this section, and shall determine compliance 
with the percent reduction requirements using the following procedures:
    (1) If only coal is combusted, the percent of potential 
SO2 emission rate is computed using the following formula:
[GRAPHIC] [TIFF OMITTED] TR13JN07.034

Where:

%Ps = Potential SO2 emission rate, in percent;
%Rg = SO2 removal efficiency of the control device 
          as determined by Method 19 of appendix A of this part, in 
          percent; and
%Rf = SO2 removal efficiency of fuel pretreatment 
          as determined by Method 19 of appendix A of this part, in 
          percent.

    (2) If coal, oil, or coal and oil are combusted with other fuels, 
the same procedures required in paragraph (f)(1) of this section are 
used, except as provided for in the following:
    (i) To compute the %Ps, an adjusted %Rg 
(%Rgo) is computed from Eaoo from paragraph (e)(1) 
of this section and an adjusted average SO2 inlet rate 
(Eaio) using the following formula:
[GRAPHIC] [TIFF OMITTED] TR13JN07.035

Where:

%Rgo = Adjusted %Rg, in percent;
Eaoo = Adjusted Eao, ng/J (lb/MMBtu); and
Eaio = Adjusted average SO2 inlet rate, ng/J (lb/
          MMBtu).


[[Page 246]]


    (ii) To compute Eaio, an adjusted hourly SO2 
inlet rate (Ehio) is used. The Ehio is computed 
using the following formula:
[GRAPHIC] [TIFF OMITTED] TR13JN07.036

Where:

Ehio = Adjusted Ehi, ng/J (lb/MMBtu);
Ehi = Hourly SO2 inlet rate, ng/J (lb/MMBtu);
Ew = SO2 concentration in fuels other than coal 
          and oil combusted in the affected facility, as determined by 
          fuel sampling and analysis procedures in Method 19 of appendix 
          A of this part, ng/J (lb/MMBtu). The value Ew for 
          each fuel lot is used for each hourly average during the time 
          that the lot is being combusted. The owner or operator does 
          not have to measure Ew if the owner or operator 
          elects to assume Ew = 0; and
Xk = Fraction of the total heat input from fuel combustion 
          derived from coal and oil, as determined by applicable 
          procedures in Method 19 of appendix A of this part.

    (g) For oil-fired affected facilities where the owner or operator 
seeks to demonstrate compliance with the fuel oil sulfur limits under 
Sec.  60.42c based on shipment fuel sampling, the initial performance 
test shall consist of sampling and analyzing the oil in the initial tank 
of oil to be fired in the steam generating unit to demonstrate that the 
oil contains 0.5 weight percent sulfur or less. Thereafter, the owner or 
operator of the affected facility shall sample the oil in the fuel tank 
after each new shipment of oil is received, as described under Sec.  
60.46c(d)(2).
    (h) For affected facilities subject to Sec.  60.42c(h)(1), (2), or 
(3) where the owner or operator seeks to demonstrate compliance with the 
SO2 standards based on fuel supplier certification, the 
performance test shall consist of the certification from the fuel 
supplier, as described in Sec.  60.48c(f), as applicable.
    (i) The owner or operator of an affected facility seeking to 
demonstrate compliance with the SO2 standards under Sec.  
60.42c(c)(2) shall demonstrate the maximum design heat input capacity of 
the steam generating unit by operating the steam generating unit at this 
capacity for 24 hours. This demonstration shall be made during the 
initial performance test, and a subsequent demonstration may be 
requested at any other time. If the demonstrated 24-hour average firing 
rate for the affected facility is less than the maximum design heat 
input capacity stated by the manufacturer of the affected facility, the 
demonstrated 24-hour average firing rate shall be used to determine the 
annual capacity factor for the affected facility; otherwise, the maximum 
design heat input capacity provided by the manufacturer shall be used.
    (j) The owner or operator of an affected facility shall use all 
valid SO2 emissions data in calculating %Ps and 
Eho under paragraphs (d), (e), or (f) of this section, as 
applicable, whether or not the minimum emissions data requirements under 
Sec.  60.46c(f) are achieved. All valid emissions data, including valid 
data collected during periods of startup, shutdown, and malfunction, 
shall be used in calculating %Ps or Eho pursuant 
to paragraphs (d), (e), or (f) of this section, as applicable.

[72 FR 32759, June 13, 2007, as amended at 74 FR 5091, Jan. 28, 2009]



Sec.  60.45c  Compliance and performance test methods and procedures
for particulate matter.

    (a) The owner or operator of an affected facility subject to the PM 
and/or opacity standards under Sec.  60.43c shall conduct an initial 
performance test as required under Sec.  60.8, and shall conduct 
subsequent performance tests as requested by the Administrator, to 
determine compliance with the standards using the following procedures 
and reference methods, except as specified in paragraph (c) of this 
section.
    (1) Method 1 of appendix A of this part shall be used to select the 
sampling site and the number of traverse sampling points.
    (2) Method 3A or 3B of appendix A-2 of this part shall be used for 
gas analysis when applying Method 5 or 5B of appendix A-3 of this part 
or 17 of appendix A-6 of this part.
    (3) Method 5, 5B, or 17 of appendix A of this part shall be used to 
measure the concentration of PM as follows:
    (i) Method 5 of appendix A of this part may be used only at affected 
facilities without wet scrubber systems.

[[Page 247]]

    (ii) Method 17 of appendix A of this part may be used at affected 
facilities with or without wet scrubber systems provided the stack gas 
temperature does not exceed a temperature of 160 [deg]C (320 [deg]F). 
The procedures of Sections 8.1 and 11.1 of Method 5B of appendix A of 
this part may be used in Method 17 of appendix A of this part only if 
Method 17 of appendix A of this part is used in conjunction with a wet 
scrubber system. Method 17 of appendix A of this part shall not be used 
in conjunction with a wet scrubber system if the effluent is saturated 
or laden with water droplets.
    (iii) Method 5B of appendix A of this part may be used in 
conjunction with a wet scrubber system.
    (4) The sampling time for each run shall be at least 120 minutes and 
the minimum sampling volume shall be 1.7 dry standard cubic meters 
(dscm) [60 dry standard cubic feet (dscf)] except that smaller sampling 
times or volumes may be approved by the Administrator when necessitated 
by process variables or other factors.
    (5) For Method 5 or 5B of appendix A of this part, the temperature 
of the sample gas in the probe and filter holder shall be monitored and 
maintained at 160 14 [deg]C (32025 [deg]F).
    (6) For determination of PM emissions, an oxygen (O2) or 
carbon dioxide (CO2) measurement shall be obtained 
simultaneously with each run of Method 5, 5B, or 17 of appendix A of 
this part by traversing the duct at the same sampling location.
    (7) For each run using Method 5, 5B, or 17 of appendix A of this 
part, the emission rates expressed in ng/J (lb/MMBtu) heat input shall 
be determined using:
    (i) The O2 or CO2 measurements and PM 
measurements obtained under this section, (ii) The dry basis F factor, 
and
    (iii) The dry basis emission rate calculation procedure contained in 
Method 19 of appendix A of this part.
    (8) Method 9 of appendix A-4 of this part shall be used for 
determining the opacity of stack emissions.
    (b) The owner or operator of an affected facility seeking to 
demonstrate compliance with the PM standards under Sec.  60.43c(b)(2) 
shall demonstrate the maximum design heat input capacity of the steam 
generating unit by operating the steam generating unit at this capacity 
for 24 hours. This demonstration shall be made during the initial 
performance test, and a subsequent demonstration may be requested at any 
other time. If the demonstrated 24-hour average firing rate for the 
affected facility is less than the maximum design heat input capacity 
stated by the manufacturer of the affected facility, the demonstrated 
24-hour average firing rate shall be used to determine the annual 
capacity factor for the affected facility; otherwise, the maximum design 
heat input capacity provided by the manufacturer shall be used.
    (c) In place of PM testing with Method 5 or 5B of appendix A-3 of 
this part or Method 17 of appendix A-6 of this part, an owner or 
operator may elect to install, calibrate, maintain, and operate a CEMS 
for monitoring PM emissions discharged to the atmosphere and record the 
output of the system. The owner or operator of an affected facility who 
elects to continuously monitor PM emissions instead of conducting 
performance testing using Method 5 or 5B of appendix A-3 of this part or 
Method 17 of appendix A-6 of this part shall install, calibrate, 
maintain, and operate a CEMS and shall comply with the requirements 
specified in paragraphs (c)(1) through (c)(14) of this section.
    (1) Notify the Administrator 1 month before starting use of the 
system.
    (2) Notify the Administrator 1 month before stopping use of the 
system.
    (3) The monitor shall be installed, evaluated, and operated in 
accordance with Sec.  60.13 of subpart A of this part.
    (4) The initial performance evaluation shall be completed no later 
than 180 days after the date of initial startup of the affected 
facility, as specified under Sec.  60.8 of subpart A of this part or 
within 180 days of notification to the Administrator of use of CEMS if 
the owner or operator was previously determining compliance by Method 5, 
5B, or 17 of appendix A of this part performance tests, whichever is 
later.
    (5) The owner or operator of an affected facility shall conduct an 
initial performance test for PM emissions as required under Sec.  60.8 
of subpart A of

[[Page 248]]

this part. Compliance with the PM emission limit shall be determined by 
using the CEMS specified in paragraph (d) of this section to measure PM 
and calculating a 24-hour block arithmetic average emission 
concentration using EPA Reference Method 19 of appendix A of this part, 
section 4.1.
    (6) Compliance with the PM emission limit shall be determined based 
on the 24-hour daily (block) average of the hourly arithmetic average 
emission concentrations using CEMS outlet data.
    (7) At a minimum, valid CEMS hourly averages shall be obtained as 
specified in paragraph (c)(7)(i) of this section for 75 percent of the 
total operating hours per 30-day rolling average.
    (i) At least two data points per hour shall be used to calculate 
each 1-hour arithmetic average.
    (ii) [Reserved]
    (8) The 1-hour arithmetic averages required under paragraph (c)(7) 
of this section shall be expressed in ng/J or lb/MMBtu heat input and 
shall be used to calculate the boiler operating day daily arithmetic 
average emission concentrations. The 1-hour arithmetic averages shall be 
calculated using the data points required under Sec.  60.13(e)(2) of 
subpart A of this part.
    (9) All valid CEMS data shall be used in calculating average 
emission concentrations even if the minimum CEMS data requirements of 
paragraph (c)(7) of this section are not met.
    (10) The CEMS shall be operated according to Performance 
Specification 11 in appendix B of this part.
    (11) During the correlation testing runs of the CEMS required by 
Performance Specification 11 in appendix B of this part, PM and 
O2 (or CO2) data shall be collected concurrently 
(or within a 30- to 60-minute period) by both the continuous emission 
monitors and performance tests conducted using the following test 
methods.
    (i) For PM, Method 5 or 5B of appendix A-3 of this part or Method 17 
of appendix A-6 of this part shall be used; and
    (ii) For O2 (or CO2), Method 3A or 3B of appendix A-2 of 
this part, as applicable shall be used.
    (12) Quarterly accuracy determinations and daily calibration drift 
tests shall be performed in accordance with procedure 2 in appendix F of 
this part. Relative Response Audit's must be performed annually and 
Response Correlation Audits must be performed every 3 years.
    (13) When PM emissions data are not obtained because of CEMS 
breakdowns, repairs, calibration checks, and zero and span adjustments, 
emissions data shall be obtained by using other monitoring systems as 
approved by the Administrator or EPA Reference Method 19 of appendix A 
of this part to provide, as necessary, valid emissions data for a 
minimum of 75 percent of total operating hours on a 30-day rolling 
average.
    (14) As of January 1, 2012, and within 90 days after the date of 
completing each performance test, as defined in Sec.  60.8, conducted to 
demonstrate compliance with this subpart, you must submit relative 
accuracy test audit (i.e., reference method) data and performance test 
(i.e., compliance test) data, except opacity data, electronically to 
EPA's Central Data Exchange (CDX) by using the Electronic Reporting Tool 
(ERT) (see http://www.epa.gov/ttn/chief /ert/ert tool.html/) or other 
compatible electronic spreadsheet. Only data collected using test 
methods compatible with ERT are subject to this requirement to be 
submitted electronically into EPA's WebFIRE database.
    (d) The owner or operator of an affected facility seeking to 
demonstrate compliance under Sec.  60.43c(e)(4) shall follow the 
applicable procedures under Sec.  60.48c(f). For residual oil-fired 
affected facilities, fuel supplier certifications are only allowed for 
facilities with heat input capacities between 2.9 and 8.7 MW (10 to 30 
MMBtu/h).

[72 FR 32759, June 13, 2007, as amended at 74 FR 5091, Jan. 28, 2009; 76 
FR 3523, Jan. 20, 2011; 77 FR 9463, Feb. 16, 2012]



Sec.  60.46c  Emission monitoring for sulfur dioxide.

    (a) Except as provided in paragraphs (d) and (e) of this section, 
the owner or operator of an affected facility subject to the 
SO2 emission limits under Sec.  60.42c shall install, 
calibrate, maintain, and operate a CEMS for measuring SO2 
concentrations and either O2 or CO2 concentrations 
at the outlet of the SO2 control device (or the outlet of

[[Page 249]]

the steam generating unit if no SO2 control device is used), 
and shall record the output of the system. The owner or operator of an 
affected facility subject to the percent reduction requirements under 
Sec.  60.42c shall measure SO2 concentrations and either 
O2 or CO2 concentrations at both the inlet and 
outlet of the SO2 control device.
    (b) The 1-hour average SO2 emission rates measured by a 
CEMS shall be expressed in ng/J or lb/MMBtu heat input and shall be used 
to calculate the average emission rates under Sec.  60.42c. Each 1-hour 
average SO2 emission rate must be based on at least 30 
minutes of operation, and shall be calculated using the data points 
required under Sec.  60.13(h)(2). Hourly SO2 emission rates 
are not calculated if the affected facility is operated less than 30 
minutes in a 1-hour period and are not counted toward determination of a 
steam generating unit operating day.
    (c) The procedures under Sec.  60.13 shall be followed for 
installation, evaluation, and operation of the CEMS.
    (1) All CEMS shall be operated in accordance with the applicable 
procedures under Performance Specifications 1, 2, and 3 of appendix B of 
this part.
    (2) Quarterly accuracy determinations and daily calibration drift 
tests shall be performed in accordance with Procedure 1 of appendix F of 
this part.
    (3) For affected facilities subject to the percent reduction 
requirements under Sec.  60.42c, the span value of the SO2 
CEMS at the inlet to the SO2 control device shall be 125 
percent of the maximum estimated hourly potential SO2 
emission rate of the fuel combusted, and the span value of the 
SO2 CEMS at the outlet from the SO2 control device 
shall be 50 percent of the maximum estimated hourly potential 
SO2 emission rate of the fuel combusted.
    (4) For affected facilities that are not subject to the percent 
reduction requirements of Sec.  60.42c, the span value of the 
SO2 CEMS at the outlet from the SO2 control device 
(or outlet of the steam generating unit if no SO2 control 
device is used) shall be 125 percent of the maximum estimated hourly 
potential SO2 emission rate of the fuel combusted.
    (d) As an alternative to operating a CEMS at the inlet to the 
SO2 control device (or outlet of the steam generating unit if 
no SO2 control device is used) as required under paragraph 
(a) of this section, an owner or operator may elect to determine the 
average SO2 emission rate by sampling the fuel prior to 
combustion. As an alternative to operating a CEMS at the outlet from the 
SO2 control device (or outlet of the steam generating unit if 
no SO2 control device is used) as required under paragraph 
(a) of this section, an owner or operator may elect to determine the 
average SO2 emission rate by using Method 6B of appendix A of 
this part. Fuel sampling shall be conducted pursuant to either paragraph 
(d)(1) or (d)(2) of this section. Method 6B of appendix A of this part 
shall be conducted pursuant to paragraph (d)(3) of this section.
    (1) For affected facilities combusting coal or oil, coal or oil 
samples shall be collected daily in an as-fired condition at the inlet 
to the steam generating unit and analyzed for sulfur content and heat 
content according the Method 19 of appendix A of this part. Method 19 of 
appendix A of this part provides procedures for converting these 
measurements into the format to be used in calculating the average 
SO2 input rate.
    (2) As an alternative fuel sampling procedure for affected 
facilities combusting oil, oil samples may be collected from the fuel 
tank for each steam generating unit immediately after the fuel tank is 
filled and before any oil is combusted. The owner or operator of the 
affected facility shall analyze the oil sample to determine the sulfur 
content of the oil. If a partially empty fuel tank is refilled, a new 
sample and analysis of the fuel in the tank would be required upon 
filling. Results of the fuel analysis taken after each new shipment of 
oil is received shall be used as the daily value when calculating the 
30-day rolling average until the next shipment is received. If the fuel 
analysis shows that the sulfur content in the fuel tank is greater than 
0.5 weight percent sulfur, the owner or operator shall ensure that the 
sulfur content of subsequent oil shipments is low enough to cause the 
30-day rolling

[[Page 250]]

average sulfur content to be 0.5 weight percent sulfur or less.
    (3) Method 6B of appendix A of this part may be used in lieu of CEMS 
to measure SO2 at the inlet or outlet of the SO2 
control system. An initial stratification test is required to verify the 
adequacy of the Method 6B of appendix A of this part sampling location. 
The stratification test shall consist of three paired runs of a suitable 
SO2 and CO2 measurement train operated at the 
candidate location and a second similar train operated according to the 
procedures in Sec.  3.2 and the applicable procedures in section 7 of 
Performance Specification 2 of appendix B of this part. Method 6B of 
appendix A of this part, Method 6A of appendix A of this part, or a 
combination of Methods 6 and 3 of appendix A of this part or Methods 6C 
and 3A of appendix A of this part are suitable measurement techniques. 
If Method 6B of appendix A of this part is used for the second train, 
sampling time and timer operation may be adjusted for the stratification 
test as long as an adequate sample volume is collected; however, both 
sampling trains are to be operated similarly. For the location to be 
adequate for Method 6B of appendix A of this part 24-hour tests, the 
mean of the absolute difference between the three paired runs must be 
less than 10 percent (0.10).
    (e) The monitoring requirements of paragraphs (a) and (d) of this 
section shall not apply to affected facilities subject to Sec.  
60.42c(h) (1), (2), or (3) where the owner or operator of the affected 
facility seeks to demonstrate compliance with the SO2 
standards based on fuel supplier certification, as described under Sec.  
60.48c(f), as applicable.
    (f) The owner or operator of an affected facility operating a CEMS 
pursuant to paragraph (a) of this section, or conducting as-fired fuel 
sampling pursuant to paragraph (d)(1) of this section, shall obtain 
emission data for at least 75 percent of the operating hours in at least 
22 out of 30 successive steam generating unit operating days. If this 
minimum data requirement is not met with a single monitoring system, the 
owner or operator of the affected facility shall supplement the emission 
data with data collected with other monitoring systems as approved by 
the Administrator.



Sec.  60.47c  Emission monitoring for particulate matter.

    (a) Except as provided in paragraphs (c), (d), (e), and (f) of this 
section, the owner or operator of an affected facility combusting coal, 
oil, or wood that is subject to the opacity standards under Sec.  60.43c 
shall install, calibrate, maintain, and operate a continuous opacity 
monitoring system (COMS) for measuring the opacity of the emissions 
discharged to the atmosphere and record the output of the system. The 
owner or operator of an affected facility subject to an opacity standard 
in Sec.  60.43c(c) that is not required to use a COMS due to paragraphs 
(c), (d), (e), or (f) of this section that elects not to use a COMS 
shall conduct a performance test using Method 9 of appendix A-4 of this 
part and the procedures in Sec.  60.11 to demonstrate compliance with 
the applicable limit in Sec.  60.43c by April 29, 2011, within 45 days 
of stopping use of an existing COMS, or within 180 days after initial 
startup of the facility, whichever is later, and shall comply with 
either paragraphs (a)(1), (a)(2), or (a)(3) of this section. The 
observation period for Method 9 of appendix A-4 of this part performance 
tests may be reduced from 3 hours to 60 minutes if all 6-minute averages 
are less than 10 percent and all individual 15-second observations are 
less than or equal to 20 percent during the initial 60 minutes of 
observation.
    (1) Except as provided in paragraph (a)(2) and (a)(3) of this 
section, the owner or operator shall conduct subsequent Method 9 of 
appendix A-4 of this part performance tests using the procedures in 
paragraph (a) of this section according to the applicable schedule in 
paragraphs (a)(1)(i) through (a)(1)(iv) of this section, as determined 
by the most recent Method 9 of appendix A-4 of this part performance 
test results.
    (i) If no visible emissions are observed, a subsequent Method 9 of 
appendix A-4 of this part performance test must be completed within 12 
calendar months from the date that the most recent performance test was 
conducted or within 45 days of the next

[[Page 251]]

day that fuel with an opacity standard is combusted, whichever is later;
    (ii) If visible emissions are observed but the maximum 6-minute 
average opacity is less than or equal to 5 percent, a subsequent Method 
9 of appendix A-4 of this part performance test must be completed within 
6 calendar months from the date that the most recent performance test 
was conducted or within 45 days of the next day that fuel with an 
opacity standard is combusted, whichever is later;
    (iii) If the maximum 6-minute average opacity is greater than 5 
percent but less than or equal to 10 percent, a subsequent Method 9 of 
appendix A-4 of this part performance test must be completed within 3 
calendar months from the date that the most recent performance test was 
conducted or within 45 days of the next day that fuel with an opacity 
standard is combusted, whichever is later; or
    (iv) If the maximum 6-minute average opacity is greater than 10 
percent, a subsequent Method 9 of appendix A-4 of this part performance 
test must be completed within 45 calendar days from the date that the 
most recent performance test was conducted.
    (2) If the maximum 6-minute opacity is less than 10 percent during 
the most recent Method 9 of appendix A-4 of this part performance test, 
the owner or operator may, as an alternative to performing subsequent 
Method 9 of appendix A-4 of this part performance tests, elect to 
perform subsequent monitoring using Method 22 of appendix A-7 of this 
part according to the procedures specified in paragraphs (a)(2)(i) and 
(ii) of this section.
    (i) The owner or operator shall conduct 10 minute observations 
(during normal operation) each operating day the affected facility fires 
fuel for which an opacity standard is applicable using Method 22 of 
appendix A-7 of this part and demonstrate that the sum of the 
occurrences of any visible emissions is not in excess of 5 percent of 
the observation period (i.e. , 30 seconds per 10 minute period). If the 
sum of the occurrence of any visible emissions is greater than 30 
seconds during the initial 10 minute observation, immediately conduct a 
30 minute observation. If the sum of the occurrence of visible emissions 
is greater than 5 percent of the observation period (i.e., 90 seconds 
per 30 minute period), the owner or operator shall either document and 
adjust the operation of the facility and demonstrate within 24 hours 
that the sum of the occurrence of visible emissions is equal to or less 
than 5 percent during a 30 minute observation (i.e., 90 seconds) or 
conduct a new Method 9 of appendix A-4 of this part performance test 
using the procedures in paragraph (a) of this section within 45 calendar 
days according to the requirements in Sec.  60.45c(a)(8).
    (ii) If no visible emissions are observed for 10 operating days 
during which an opacity standard is applicable, observations can be 
reduced to once every 7 operating days during which an opacity standard 
is applicable. If any visible emissions are observed, daily observations 
shall be resumed.
    (3) If the maximum 6-minute opacity is less than 10 percent during 
the most recent Method 9 of appendix A-4 of this part performance test, 
the owner or operator may, as an alternative to performing subsequent 
Method 9 of appendix A-4 performance tests, elect to perform subsequent 
monitoring using a digital opacity compliance system according to a 
site-specific monitoring plan approved by the Administrator. The 
observations shall be similar, but not necessarily identical, to the 
requirements in paragraph (a)(2) of this section. For reference purposes 
in preparing the monitoring plan, see OAQPS ``Determination of Visible 
Emission Opacity from Stationary Sources Using Computer-Based 
Photographic Analysis Systems.'' This document is available from the 
U.S. Environmental Protection Agency (U.S. EPA); Office of Air Quality 
and Planning Standards; Sector Policies and Programs Division; 
Measurement Policy Group (D243-02), Research Triangle Park, NC 27711. 
This document is also available on the Technology Transfer Network (TTN) 
under Emission Measurement Center Preliminary Methods.
    (b) All COMS shall be operated in accordance with the applicable 
procedures under Performance Specification 1 of appendix B of this part. 
The span

[[Page 252]]

value of the opacity COMS shall be between 60 and 80 percent.
    (c) Owners and operators of an affected facilities that burn only 
distillate oil that contains no more than 0.5 weight percent sulfur and/
or liquid or gaseous fuels with potential sulfur dioxide emission rates 
of 26 ng/J (0.060 lb/MMBtu) heat input or less and that do not use a 
post-combustion technology to reduce SO2 or PM emissions and that are 
subject to an opacity standard in Sec.  60.43c(c) are not required to 
operate a COMS if they follow the applicable procedures in Sec.  
60.48c(f).
    (d) Owners or operators complying with the PM emission limit by 
using a PM CEMS must calibrate, maintain, operate, and record the output 
of the system for PM emissions discharged to the atmosphere as specified 
in Sec.  60.45c(c). The CEMS specified in paragraph Sec.  60.45c(c) 
shall be operated and data recorded during all periods of operation of 
the affected facility except for CEMS breakdowns and repairs. Data is 
recorded during calibration checks, and zero and span adjustments.
    (e) Owners and operators of an affected facility that is subject to 
an opacity standard in Sec.  60.43c(c) and that does not use post-
combustion technology (except a wet scrubber) for reducing PM, 
SO2, or carbon monoxide (CO) emissions, burns only gaseous 
fuels or fuel oils that contain less than or equal to 0.5 weight percent 
sulfur, and is operated such that emissions of CO discharged to the 
atmosphere from the affected facility are maintained at levels less than 
or equal to 0.15 lb/MMBtu on a boiler operating day average basis is not 
required to operate a COMS. Owners and operators of affected facilities 
electing to comply with this paragraph must demonstrate compliance 
according to the procedures specified in paragraphs (e)(1) through (4) 
of this section; or
    (1) You must monitor CO emissions using a CEMS according to the 
procedures specified in paragraphs (e)(1)(i) through (iv) of this 
section.
    (i) The CO CEMS must be installed, certified, maintained, and 
operated according to the provisions in Sec.  60.58b(i)(3) of subpart Eb 
of this part.
    (ii) Each 1-hour CO emissions average is calculated using the data 
points generated by the CO CEMS expressed in parts per million by volume 
corrected to 3 percent oxygen (dry basis).
    (iii) At a minimum, valid 1-hour CO emissions averages must be 
obtained for at least 90 percent of the operating hours on a 30-day 
rolling average basis. The 1-hour averages are calculated using the data 
points required in Sec.  60.13(h)(2).
    (iv) Quarterly accuracy determinations and daily calibration drift 
tests for the CO CEMS must be performed in accordance with procedure 1 
in appendix F of this part.
    (2) You must calculate the 1-hour average CO emissions levels for 
each steam generating unit operating day by multiplying the average 
hourly CO output concentration measured by the CO CEMS times the 
corresponding average hourly flue gas flow rate and divided by the 
corresponding average hourly heat input to the affected source. The 24-
hour average CO emission level is determined by calculating the 
arithmetic average of the hourly CO emission levels computed for each 
steam generating unit operating day.
    (3) You must evaluate the preceding 24-hour average CO emission 
level each steam generating unit operating day excluding periods of 
affected source startup, shutdown, or malfunction. If the 24-hour 
average CO emission level is greater than 0.15 lb/MMBtu, you must 
initiate investigation of the relevant equipment and control systems 
within 24 hours of the first discovery of the high emission incident 
and, take the appropriate corrective action as soon as practicable to 
adjust control settings or repair equipment to reduce the 24-hour 
average CO emission level to 0.15 lb/MMBtu or less.
    (4) You must record the CO measurements and calculations performed 
according to paragraph (e) of this section and any corrective actions 
taken. The record of corrective action taken must include the date and 
time during which the 24-hour average CO emission level was greater than 
0.15 lb/MMBtu, and the date, time, and description of the corrective 
action.
    (f) An owner or operator of an affected facility that is subject to 
an opacity standard in Sec.  60.43c(c) is not required to operate a COMS 
provided

[[Page 253]]

that the affected facility meets the conditions in either paragraphs 
(f)(1), (2), or (3) of this section.
    (1) The affected facility uses a fabric filter (baghouse) as the 
primary PM control device and, the owner or operator operates a bag leak 
detection system to monitor the performance of the fabric filter 
according to the requirements in section Sec.  60.48Da of this part.
    (2) The affected facility uses an ESP as the primary PM control 
device, and the owner or operator uses an ESP predictive model to 
monitor the performance of the ESP developed in accordance and operated 
according to the requirements in section Sec.  60.48Da of this part.
    (3) The affected facility burns only gaseous fuels and/or fuel oils 
that contain no greater than 0.5 weight percent sulfur, and the owner or 
operator operates the unit according to a written site-specific 
monitoring plan approved by the permitting authority. This monitoring 
plan must include procedures and criteria for establishing and 
monitoring specific parameters for the affected facility indicative of 
compliance with the opacity standard. For testing performed as part of 
this site-specific monitoring plan, the permitting authority may require 
as an alternative to the notification and reporting requirements 
specified in Sec. Sec.  60.8 and 60.11 that the owner or operator submit 
any deviations with the excess emissions report required under Sec.  
60.48c(c).

[72 FR 32759, June 13, 2007, as amended at 74 FR 5091, Jan. 28, 2009; 76 
FR 3523, Jan. 20, 2011; 77 FR 9463, Feb. 16, 2012]



Sec.  60.48c  Reporting and recordkeeping requirements.

    (a) The owner or operator of each affected facility shall submit 
notification of the date of construction or reconstruction and actual 
startup, as provided by Sec.  60.7 of this part. This notification shall 
include:
    (1) The design heat input capacity of the affected facility and 
identification of fuels to be combusted in the affected facility.
    (2) If applicable, a copy of any federally enforceable requirement 
that limits the annual capacity factor for any fuel or mixture of fuels 
under Sec.  60.42c, or Sec.  60.43c.
    (3) The annual capacity factor at which the owner or operator 
anticipates operating the affected facility based on all fuels fired and 
based on each individual fuel fired.
    (4) Notification if an emerging technology will be used for 
controlling SO2 emissions. The Administrator will examine the 
description of the control device and will determine whether the 
technology qualifies as an emerging technology. In making this 
determination, the Administrator may require the owner or operator of 
the affected facility to submit additional information concerning the 
control device. The affected facility is subject to the provisions of 
Sec.  60.42c(a) or (b)(1), unless and until this determination is made 
by the Administrator.
    (b) The owner or operator of each affected facility subject to the 
SO2 emission limits of Sec.  60.42c, or the PM or opacity 
limits of Sec.  60.43c, shall submit to the Administrator the 
performance test data from the initial and any subsequent performance 
tests and, if applicable, the performance evaluation of the CEMS and/or 
COMS using the applicable performance specifications in appendix B of 
this part.
    (c) In addition to the applicable requirements in Sec.  60.7, the 
owner or operator of an affected facility subject to the opacity limits 
in Sec.  60.43c(c) shall submit excess emission reports for any excess 
emissions from the affected facility that occur during the reporting 
period and maintain records according to the requirements specified in 
paragraphs (c)(1) through (3) of this section, as applicable to the 
visible emissions monitoring method used.
    (1) For each performance test conducted using Method 9 of appendix 
A-4 of this part, the owner or operator shall keep the records including 
the information specified in paragraphs (c)(1)(i) through (iii) of this 
section.
    (i) Dates and time intervals of all opacity observation periods;
    (ii) Name, affiliation, and copy of current visible emission reading 
certification for each visible emission observer participating in the 
performance test; and
    (iii) Copies of all visible emission observer opacity field data 
sheets;

[[Page 254]]

    (2) For each performance test conducted using Method 22 of appendix 
A-4 of this part, the owner or operator shall keep the records including 
the information specified in paragraphs (c)(2)(i) through (iv) of this 
section.
    (i) Dates and time intervals of all visible emissions observation 
periods;
    (ii) Name and affiliation for each visible emission observer 
participating in the performance test;
    (iii) Copies of all visible emission observer opacity field data 
sheets; and
    (iv) Documentation of any adjustments made and the time the 
adjustments were completed to the affected facility operation by the 
owner or operator to demonstrate compliance with the applicable 
monitoring requirements.
    (3) For each digital opacity compliance system, the owner or 
operator shall maintain records and submit reports according to the 
requirements specified in the site-specific monitoring plan approved by 
the Administrator
    (d) The owner or operator of each affected facility subject to the 
SO2 emission limits, fuel oil sulfur limits, or percent 
reduction requirements under Sec.  60.42c shall submit reports to the 
Administrator.
    (e) The owner or operator of each affected facility subject to the 
SO2 emission limits, fuel oil sulfur limits, or percent 
reduction requirements under Sec.  60.42c shall keep records and submit 
reports as required under paragraph (d) of this section, including the 
following information, as applicable.
    (1) Calendar dates covered in the reporting period.
    (2) Each 30-day average SO2 emission rate (ng/J or lb/
MMBtu), or 30-day average sulfur content (weight percent), calculated 
during the reporting period, ending with the last 30-day period; reasons 
for any noncompliance with the emission standards; and a description of 
corrective actions taken.
    (3) Each 30-day average percent of potential SO2 emission 
rate calculated during the reporting period, ending with the last 30-day 
period; reasons for any noncompliance with the emission standards; and a 
description of the corrective actions taken.
    (4) Identification of any steam generating unit operating days for 
which SO2 or diluent (O2 or CO2) data 
have not been obtained by an approved method for at least 75 percent of 
the operating hours; justification for not obtaining sufficient data; 
and a description of corrective actions taken.
    (5) Identification of any times when emissions data have been 
excluded from the calculation of average emission rates; justification 
for excluding data; and a description of corrective actions taken if 
data have been excluded for periods other than those during which coal 
or oil were not combusted in the steam generating unit.
    (6) Identification of the F factor used in calculations, method of 
determination, and type of fuel combusted.
    (7) Identification of whether averages have been obtained based on 
CEMS rather than manual sampling methods.
    (8) If a CEMS is used, identification of any times when the 
pollutant concentration exceeded the full span of the CEMS.
    (9) If a CEMS is used, description of any modifications to the CEMS 
that could affect the ability of the CEMS to comply with Performance 
Specifications 2 or 3 of appendix B of this part.
    (10) If a CEMS is used, results of daily CEMS drift tests and 
quarterly accuracy assessments as required under appendix F, Procedure 1 
of this part.
    (11) If fuel supplier certification is used to demonstrate 
compliance, records of fuel supplier certification as described under 
paragraph (f)(1), (2), (3), or (4) of this section, as applicable. In 
addition to records of fuel supplier certifications, the report shall 
include a certified statement signed by the owner or operator of the 
affected facility that the records of fuel supplier certifications 
submitted represent all of the fuel combusted during the reporting 
period.
    (f) Fuel supplier certification shall include the following 
information:
    (1) For distillate oil:
    (i) The name of the oil supplier;
    (ii) A statement from the oil supplier that the oil complies with 
the specifications under the definition of distillate oil in Sec.  
60.41c; and

[[Page 255]]

    (iii) The sulfur content or maximum sulfur content of the oil.
    (2) For residual oil:
    (i) The name of the oil supplier;
    (ii) The location of the oil when the sample was drawn for analysis 
to determine the sulfur content of the oil, specifically including 
whether the oil was sampled as delivered to the affected facility, or 
whether the sample was drawn from oil in storage at the oil supplier's 
or oil refiner's facility, or other location;
    (iii) The sulfur content of the oil from which the shipment came (or 
of the shipment itself); and
    (iv) The method used to determine the sulfur content of the oil.
    (3) For coal:
    (i) The name of the coal supplier;
    (ii) The location of the coal when the sample was collected for 
analysis to determine the properties of the coal, specifically including 
whether the coal was sampled as delivered to the affected facility or 
whether the sample was collected from coal in storage at the mine, at a 
coal preparation plant, at a coal supplier's facility, or at another 
location. The certification shall include the name of the coal mine (and 
coal seam), coal storage facility, or coal preparation plant (where the 
sample was collected);
    (iii) The results of the analysis of the coal from which the 
shipment came (or of the shipment itself) including the sulfur content, 
moisture content, ash content, and heat content; and
    (iv) The methods used to determine the properties of the coal.
    (4) For other fuels:
    (i) The name of the supplier of the fuel;
    (ii) The potential sulfur emissions rate or maximum potential sulfur 
emissions rate of the fuel in ng/J heat input; and
    (iii) The method used to determine the potential sulfur emissions 
rate of the fuel.
    (g)(1) Except as provided under paragraphs (g)(2) and (g)(3) of this 
section, the owner or operator of each affected facility shall record 
and maintain records of the amount of each fuel combusted during each 
operating day.
    (2) As an alternative to meeting the requirements of paragraph 
(g)(1) of this section, the owner or operator of an affected facility 
that combusts only natural gas, wood, fuels using fuel certification in 
Sec.  60.48c(f) to demonstrate compliance with the SO2 
standard, fuels not subject to an emissions standard (excluding 
opacity), or a mixture of these fuels may elect to record and maintain 
records of the amount of each fuel combusted during each calendar month.
    (3) As an alternative to meeting the requirements of paragraph 
(g)(1) of this section, the owner or operator of an affected facility or 
multiple affected facilities located on a contiguous property unit where 
the only fuels combusted in any steam generating unit (including steam 
generating units not subject to this subpart) at that property are 
natural gas, wood, distillate oil meeting the most current requirements 
in Sec.  60.42C to use fuel certification to demonstrate compliance with 
the SO2 standard, and/or fuels, excluding coal and residual 
oil, not subject to an emissions standard (excluding opacity) may elect 
to record and maintain records of the total amount of each steam 
generating unit fuel delivered to that property during each calendar 
month.
    (h) The owner or operator of each affected facility subject to a 
federally enforceable requirement limiting the annual capacity factor 
for any fuel or mixture of fuels under Sec.  60.42c or Sec.  60.43c 
shall calculate the annual capacity factor individually for each fuel 
combusted. The annual capacity factor is determined on a 12-month 
rolling average basis with a new annual capacity factor calculated at 
the end of the calendar month.
    (i) All records required under this section shall be maintained by 
the owner or operator of the affected facility for a period of two years 
following the date of such record.
    (j) The reporting period for the reports required under this subpart 
is each six-month period. All reports shall be submitted to the 
Administrator and shall be postmarked by the 30th day following the end 
of the reporting period.

[72 FR 32759, June 13, 2007, as amended at 74 FR 5091, Jan. 28, 2009]

[[Page 256]]



           Subpart E_Standards of Performance for Incinerators



Sec.  60.50  Applicability and designation of affected facility.

    (a) The provisions of this subpart are applicable to each 
incinerator of more than 45 metric tons per day charging rate (50 tons/
day), which is the affected facility.
    (b) Any facility under paragraph (a) of this section that commences 
construction or modification after August 17, 1971, is subject to the 
requirements of this subpart.
    (c) Any facility covered by subpart Cb, Eb, AAAA, or BBBB of this 
part is not covered by this subpart.
    (d) Any facility covered by an EPA approved State section 111(d)/129 
plan implementing subpart Cb or BBBB of this part is not covered by this 
subpart.
    (e) Any facility covered by subpart FFF or JJJ of part 62 of this 
title (Federal section 111(d)/129 plan implementing subpart Cb or BBBB 
of this part) is not covered by this subpart.

[42 FR 37936, July 25, 1977, as amended at 71 FR 27335, May 10, 2006]



Sec.  60.51  Definitions.

    As used in this subpart, all terms not defined herein shall have the 
meaning given them in the Act and in subpart A of this part.
    (a) Incinerator means any furnace used in the process of burning 
solid waste for the purpose of reducing the volume of the waste by 
removing combustible matter.
    (b) Solid waste means refuse, more than 50 percent of which is 
municipal type waste consisting of a mixture of paper, wood, yard 
wastes, food wastes, plastics, leather, rubber, and other combustibles, 
and noncombustible materials such as glass and rock.
    (c) Day means 24 hours.

[36 FR 24877, Dec. 23, 1971, as amended at 39 FR 20792, June 14, 1974]



Sec.  60.52  Standard for particulate matter.

    (a) On and after the date on which the initial performance test is 
completed or required to be completed under Sec.  60.8 of this part, 
whichever date comes first, no owner or operator subject to the 
provisions of this part shall cause to be discharged into the atmosphere 
from any affected facility any gases which contain particulate matter in 
excess of 0.18 g/dscm (0.08 gr/dscf) corrected to 12 percent 
CO2.

[39 FR 20792, June 14, 1974, as amended at 65 FR 61753, Oct. 17, 2000]



Sec.  60.53  Monitoring of operations.

    (a) The owner or operator of any incinerator subject to the 
provisions of this part shall record the daily charging rates and hours 
of operation.



Sec.  60.54  Test methods and procedures.

    (a) In conducting the performance tests required in Sec.  60.8, the 
owner or operator shall use as reference methods and procedures the test 
methods in appendix A of this part or other methods and procedures as 
specified in this section, except as provided in Sec.  60.8(b).
    (b) The owner or operator shall determine compliance with the 
particulate matter standard in Sec.  60.52 as follows:
    (1) The concentration (c12) of particulate matter, 
corrected to 12 percent CO2, shall be computed for each run 
using the following equation:

c12 = cs (12/%CO2)

where:

c12 = concentration of particulate matter, corrected to 12 
          percent CO2, g/dscm (gr/dscf).
cs = concentration of particulate matter, g/dscm (gr/dscf).
%CO2 = CO2 concentration, percent dry basis.

    (2) Method 5 shall be used to determine the particulate matter 
concentration (cs). The sampling time and sample volume for 
each run shall be at least 60 minutes and 0.85 dscm (30 dscf).
    (3) The emission rate correction factor, integrated or grab sampling 
and analysis procedure of Method 3B shall be used to determine 
CO2 concentration (%CO2).
    (i) The CO2 sample shall be obtained simultaneously with, 
and at the same traverse points as, the particulate run. If the 
particulate run has more than 12 traverse points, the CO2 
traverse points may be reduced to 12 if Method 1 is used to locate the 
12 CO2 traverse points. If individual CO2 samples 
are taken at each traverse point, the CO2

[[Page 257]]

concentration (%CO2) used in the correction equation shall be 
the arithmetic mean of the sample CO2 concentrations at all 
traverse points.
    (ii) If sampling is conducted after a wet scrubber, an ``adjusted'' 
CO2 concentration [(%CO2)adj], which 
accounts for the effects of CO2 absorption and dilution air, 
may be used instead of the CO2 concentration determined in 
this paragraph. The adjusted CO2 concentration shall be 
determined by either of the procedures in paragraph (c) of this section.
    (c) The owner or operator may use either of the following procedures 
to determine the adjusted CO2 concentration.
    (1) The volumetric flow rates at the inlet and outlet of the wet 
scrubber and the inlet CO2 concentration may be used to 
determine the adjusted CO2 concentration 
[(%CO2)adj] using the following equation:

(%CO2)adj = (%CO2)di 
(Qdi/Qdo)

where:

(%CO2)adj = adjusted outlet CO2 
          concentration, percent dry basis.
(%CO2)di = CO2 concentration measured 
          before the scrubber, percent dry basis.
Qdi = volumetric flow rate of effluent gas before the wet 
          scrubber, dscm/min (dscf/min).
Qdo = volumetric flow rate of effluent gas after the wet 
          scrubber, dscm/min (dscf/min).

    (i) At the outlet, Method 5 is used to determine the volumetric flow 
rate (Qdo) of the effluent gas.
    (ii) At the inlet, Method 2 is used to determine the volumetric flow 
rate (Qdi) of the effluent gas as follows: Two full velocity 
traverses are conducted, one immediately before and one immediately 
after each particulate run conducted at the outlet, and the results are 
averaged.
    (iii) At the inlet, the emission rate correction factor, integrated 
sampling and analysis procedure of Method 3B is used to determine the 
CO2 concentration [(%CO2)di] as 
follows: At least nine sampling points are selected randomly from the 
velocity traverse points and are divided randomly into three sets, equal 
in number of points; the first set of three or more points is used for 
the first run, the second set for the second run, and the third set for 
the third run. The CO2 sample is taken simultaneously with 
each particulate run being conducted at the outlet, by traversing the 
three sampling points (or more) and sampling at each point for equal 
increments of time.
    (2) Excess air measurements may be used to determine the adjusted 
CO2 concentration [(%CO2)adj] using the 
following equation:

(%CO2)adj = (%CO2)di [(100 + 
%EAi)/(100 + %EAo)]

where:

(%CO2)adj = adjusted outlet CO2 
          concentration, percent dry basis.
(%CO2)di = CO2 concentration at the 
          inlet of the wet scrubber, percent dry basis.
%EAi = excess air at the inlet of the scrubber, percent.
%EAo = excess air at the outlet of the scrubber, percent.

    (i) A gas sample is collected as in paragraph (c)(1)(iii) of this 
section and the gas samples at both the inlet and outlet locations are 
analyzed for CO2, O2, and N2.
    (ii) Equation 3B-3 of Method 3B is used to compute the percentages 
of excess air at the inlet and outlet of the wet scrubber.

[54 FR 6665, Feb. 14, 1989, as amended at 55 FR 5212, Feb. 14, 1990; 65 
FR 61753, Oct. 17, 2000]



 Subpart Ea_Standards of Performance for Municipal Waste Combustors for 
Which Construction Is Commenced After December 20, 1989 and On or Before 
                           September 20, 1994

    Source: 56 FR 5507, Feb. 11, 1991, unless otherwise noted.



Sec.  60.50a  Applicability and delegation of authority.

    (a) The affected facility to which this subpart applies is each 
municipal waste combustor unit with a municipal waste combustor unit 
capacity greater than 225 megagrams per day (250 tons per day) of 
municipal solid waste for which construction, modification, or 
reconstruction is commenced as specified in paragraphs (a)(1) and (a)(2) 
of this section.

[[Page 258]]

    (1) Construction is commenced after December 20, 1989 and on or 
before September 20, 1994.
    (2) Modification or reconstruction is commenced after December 20, 
1989 and on or before June 19, 1996.
    (b) [Reserved]
    (c) Any unit combusting a single-item waste stream of tires is not 
subject to this subpart if the owner or operator of the unit:
    (1) Notifies the Administrator of an exemption claim; and
    (2) Provides data documenting that the unit qualifies for this 
exemption.
    (d) Any cofired combustor, as defined under Sec.  60.51a, located at 
a plant that meets the capacity specifications in paragraph (a) of this 
section is not subject to this subpart if the owner or operator of the 
cofired combustor:
    (1) Notifies the Administrator of an exemption claim;
    (2) Provides a copy of the federally enforceable permit (specified 
in the definition of cofired combustor in this section); and
    (3) Keeps a record on a calendar quarter basis of the weight of 
municipal solid waste combusted at the cofired combustor and the weight 
of all other fuels combusted at the cofired combustor.
    (e) Any cofired combustor that is subject to a federally enforceable 
permit limiting the operation of the combustor to no more than 225 
megagrams per day (250 tons per day) of municipal solid waste is not 
subject to this subpart.
    (f) Physical or operational changes made to an existing municipal 
waste combustor unit primarily for the purpose of complying with 
emission guidelines under subpart Cb are not considered a modification 
or reconstruction and do not result in an existing municipal waste 
combustor unit becoming subject to this subpart.
    (g) A qualifying small power production facility, as defined in 
section 3(17)(C) of the Federal Power Act (16 U.S.C. 796(17)(C)), that 
burns homogeneous waste (such as automotive tires or used oil, but not 
including refuse-derived fuel) for the production of electric energy is 
not subject to this subpart if the owner or operator of the facility 
notifies the Administrator of an exemption claim and provides data 
documenting that the facility qualifies for this exemption.
    (h) A qualifying cogeneration facility, as defined in section 
3(18)(B) of the Federal Power Act (16 U.S.C. 796(18)(B)), that burns 
homogeneous waste (such as automotive tires or used oil, but not 
including refuse-derived fuel) for the production of electric energy and 
steam or forms of useful energy (such as heat) that are used for 
industrial, commercial, heating, or cooling purposes, is not subject to 
this subpart if the owner or operator of the facility notifies the 
Administrator of an exemption claim and provides data documenting that 
the facility qualifies for this exemption.
    (i) Any unit required to have a permit under section 3005 of the 
Solid Waste Disposal Act is not subject to this subpart.
    (j) Any materials recovery facility (including primary or secondary 
smelters) that combusts waste for the primary purpose of recovering 
metals is not subject to this subpart.
    (k) Pyrolysis/combustion units that are an integrated part of a 
plastics/rubber recycling unit (as defined in Sec.  60.51a) are not 
subject to this subpart if the owner or operator of the plastics/rubber 
recycling unit keeps records of: the weight of plastics, rubber, and/or 
rubber tires processed on a calendar quarter basis; the weight of 
chemical plant feedstocks and petroleum refinery feedstocks produced and 
marketed on a calendar quarter basis; and the name and address of the 
purchaser of the feedstocks. The combustion of gasoline, diesel fuel, 
jet fuel, fuel oils, residual oil, refinery gas, petroleum coke, 
liquified petroleum gas, propane, or butane produced by chemical plants 
or petroleum refineries that use feedstocks produced by plastics/rubber 
recycling units are not subject to this subpart.
    (l) The following authorities shall be retained by the Administrator 
and not transferred to a State:
    None.
    (m) This subpart shall become effective on August 12, 1991.

[56 FR 5507, Feb. 11, 1991, as amended at 60 FR 65384, Dec. 19, 1995]

[[Page 259]]



Sec.  60.51a  Definitions.

    ASME means the American Society of Mechanical Engineers.
    Batch MWC means an MWC unit designed such that it cannot combust MSW 
continuously 24 hours per day because the design does not allow waste to 
be fed to the unit or ash to be removed while combustion is occurring.
    Bubbling fluidized bed combustor means a fluidized bed combustor in 
which the majority of the bed material remains in a fluidized state in 
the primary combustion zone.
    Calendar quarter means a consecutive 3-month period (nonoverlapping) 
beginning on January 1, April 1, July 1, and October 1.
    Chief facility operator means the person in direct charge and 
control of the operation of an MWC and who is responsible for daily on-
site supervision, technical direction, management, and overall 
performance of the facility.
    Circulating fluidized bed combustor means a fluidized bed combustor 
in which the majority of the fluidized bed material is carried out of 
the primary combustion zone and is transported back to the primary zone 
through a recirculation loop.
    Clean wood means untreated wood or untreated wood products including 
clean untreated lumber, tree stumps (whole or chipped), and tree limbs 
(whole or chipped). Clean wood does not include yard waste, which is 
defined elsewhere in this section, or construction, renovation, and 
demolition wastes (which includes but is not limited to railroad ties 
and telephone poles), which are exempt from the definition of municipal 
solid waste in this section.
    Cofired combustor means a unit combusting municipal solid waste with 
nonmunicipal solid waste fuel (e.g., coal, industrial process waste) and 
subject to a federally enforceable permit limiting the unit to 
combusting a fuel feed stream, 30 percent or less of the weight of which 
is comprised, in aggregate, of municipal solid waste as measured on a 
calendar quarter basis.
    Continuous emission monitoring system or CEMS means a monitoring 
system for continuously measuring the emissions of a pollutant from an 
affected facility.
    Continuous monitoring system means the total equipment used to 
sample and condition (if applicable), to analyze, and to provide a 
permanent record of emissions or process parameters.
    Dioxin/furan means total tetra- through octachlorinated dibenzo-p-
dioxins and dibenzofurans.
    Federally-enforceable means all limitations and conditions that are 
enforceable by the Administrator including the requirements of 40 CFR 
parts 60 and 61, requirements within any applicable State implementation 
plan, and any permit requirements established under 40 CFR 52.21 or 
under 40 CFR 51.18 and 40 CFR 51.24.
    Four-hour block average or 4-hour block average means the average of 
all hourly emission rates when the affected facility is operating and 
combusting MSW measured over 4-hour periods of time from 12 midnight to 
4 a.m., 4 a.m. to 8 a.m., 8 a.m. to 12 noon, 12 noon to 4 p.m., 4 p.m. 
to 8 p.m., and 8 p.m. to 12 midnight.
    Large municipal waste combustor plant means a municipal waste 
combustor plant with a municipal waste combustor aggregate plant 
capacity for affected facilities that is greater than 225 megagrams per 
day (250 tons per day) of municipal solid waste.
    Mass burn refractory municipal waste combustor means a field-erected 
combustor that combusts municipal solid waste in a refractory wall 
furnace. Unless otherwise specified, this includes combustors with a 
cylindrical rotary refractory wall furnace.
    Mass burn rotary waterwall municipal waste combustor means a field-
erected combustor that combusts municipal solid waste in a cylindrical 
rotary waterwall furnace.
    Mass burn waterwall municipal waste combustor means a field-erected 
combustor that combusts municipal solid waste in a waterwall furnace.
    Maximum demonstrated municipal waste combustor unit load means the 
highest 4-hour arithmetic average municipal waste combustor unit load 
achieved during four consecutive hours during the most recent dioxin/
furan performance test demonstrating compliance with the applicable 
limit for municipal waste combustor organics specified under Sec.  
60.53a.

[[Page 260]]

    Maximum demonstrated particulate matter control device temperature 
means the highest 4-hour arithmetic average flue gas temperature 
measured at the particulate matter control device inlet during four 
consecutive hours during the most recent dioxin/furan performance test 
demonstrating compliance with the applicable limit for municipal waste 
combustor organics specified under Sec.  60.53a.
    Modification or modified municipal waste combustor unit means a 
municipal waste combustor unit to which changes have been made if the 
cumulative cost of the changes, over the life of the unit, exceed 50 
percent of the original cost of construction and installation of the 
unit (not including the cost of any land purchased in connection with 
such construction or installation) updated to current costs; or any 
physical change in the municipal waste combustor unit or change in the 
method of operation of the municipal waste combustor unit increases the 
amount of any air pollutant emitted by the unit for which standards have 
been established under section 129 or section 111. Increases in the 
amount of any air pollutant emitted by the municipal waste combustor 
unit are determined at 100-percent physical load capability and 
downstream of all air pollution control devices, with no consideration 
given for load restrictions based on permits or other nonphysical 
operational restrictions.
    Modular excess air MWC means a combustor that combusts MSW and that 
is not field-erected and has multiple combustion chambers, all of which 
are designed to operate at conditions with combustion air amounts in 
excess of theoretical air requirements.
    Modular starved air MWC means a combustor that combusts MSW and that 
is not field-erected and has multiple combustion chambers in which the 
primary combustion chamber is designed to operate at substoichiometric 
conditions.
    Municipal solid waste or municipal-type solid waste or MSW means 
household, commercial/retail, and/or institutional waste. Household 
waste includes material discarded by single and multiple residential 
dwellings, hotels, motels, and other similar permanent or temporary 
housing establishments or facilities. Commercial/retail waste includes 
material discarded by stores, offices, restaurants, warehouses, 
nonmanufacturing activities at industrial facilities, and other similar 
establishments or facilities. Institutional waste includes material 
discarded by schools, nonmedical waste discarded by hospitals, material 
discarded by nonmanufacturing activities at prisons and government 
facilities, and material discarded by other similar establishments or 
facilities. Household, commercial/retail, and institutional waste does 
not include used oil; sewage sludge; wood pallets; construction, 
renovation, and demolition wastes (which includes but is not limited to 
railroad ties and telephone poles); clean wood; industrial process or 
manufacturing wastes; medical waste; or motor vehicles (including motor 
vehicle parts or vehicle fluff). Household, commercial/retail, and 
institutional wastes include:
    (1) Yard waste;
    (2) Refuse-derived fuel; and
    (3) Motor vehicle maintenance materials limited to vehicle batteries 
and tires except as specified in Sec.  60.50a(c).
    Municipal waste combustor, MWC, or municipal waste combustor unit: 
(1) Means any setting or equipment that combusts solid, liquid, or 
gasified MSW including, but not limited to, field-erected incinerators 
(with or without heat recovery), modular incinerators (starved-air or 
excess-air), boilers (i.e., steam-generating units), furnaces (whether 
suspension-fired, grate-fired, mass-fired, air curtain incinerators, or 
fluidized bed-fired), and pyrolysis/combustion units. Municipal waste 
combustors do not include pyrolysis/combustion units located at 
plastics/ rubber recycling units (as specified in Sec.  60.50a(k) of 
this section). Municipal waste combustors do not include internal 
combustion engines, gas turbines, or other combustion devices that 
combust landfill gases collected by landfill gas collection systems.
    (2) The boundaries of an MWC are defined as follows. The MWC unit 
includes, but is not limited to, the MSW fuel feed system, grate system, 
flue gas system, bottom ash system, and the combustor water system. The 
MWC

[[Page 261]]

boundary starts at the MSW pit or hopper and extends through:
    (i) The combustor flue gas system, which ends immediately following 
the heat recovery equipment or, if there is no heat recovery equipment, 
immediately following the combustion chamber;
    (ii) The combustor bottom ash system, which ends at the truck 
loading station or similar ash handling equipment that transfer the ash 
to final disposal, including all ash handling systems that are connected 
to the bottom ash handling system; and
    (iii) The combustor water system, which starts at the feed water 
pump and ends at the piping exiting the steam drum or superheater.
    (3) The MWC unit does not include air pollution control equipment, 
the stack, water treatment equipment, or the turbine generator set.
    Municipal waste combustor plant means one or more MWC units at the 
same location for which construction, modification, or reconstruction is 
commenced after December 20, 1989 and on or before September 20, 1994.
    Municipal waste combustor plant capacity means the aggregate MWC 
unit capacity of all MWC units at an MWC plant for which construction, 
modification, or reconstruction of the units commenced after December 
20, 1989 and on or before September 20, 1994. Any MWC units for which 
construction, modification, or reconstruction is commenced on or before 
December 20, 1989 or after September 20, 1994 are not included for 
determining applicability under this subpart.
    Municipal waste combustor unit capacity means the maximum design 
charging rate of an MWC unit expressed in megagrams per day (tons per 
day) of MSW combusted, calculated according to the procedures under 
Sec.  60.58a(j). Municipal waste combustor unit capacity is calculated 
using a design heating value of 10,500 kilojoules per kilogram (4,500 
British thermal units per pound) for MSW. The calculational procedures 
under Sec.  60.58a(j) include procedures for determining MWC unit 
capacity for continuous and batch feed MWC's.
    Municipal waste combustor unit load means the steam load of the MWC 
unit measured as specified in Sec.  60.58a(h)(6).
    MWC acid gases means all acid gases emitted in the exhaust gases 
from MWC units including, but not limited to, sulfur dioxide and 
hydrogen chloride gases.
    MWC metals means metals and metal compounds emitted in the exhaust 
gases from MWC units.
    MWC organics means organic compounds emitted in the exhaust gases 
from MWC units and includes total tetra- through octa-chlorinated 
dibenzo-p-dioxins and dibenzofurans.
    Particulate matter means total particulate matter emitted from MWC 
units as measured by Method 5 (see Sec.  60.58a).
    Plastics/rubber recycling unit means an integrated processing unit 
where plastics, rubber, and/or rubber tires are the only feed materials 
(incidental contaminants may be included in the feed materials) and they 
are processed into a chemical plant feedstock or petroleum refinery 
feedstock, where the feedstock is marketed to and used by a chemical 
plant or petroleum refinery as input feedstock. The combined weight of 
the chemical plant feedstock and petroleum refinery feedstock produced 
by the plastics/rubber recycling unit on a calendar quarter basis shall 
be more than 70 percent of the combined weight of the plastics, rubber, 
and rubber tires processed by the plastics/rubber recycling unit on a 
calendar quarter basis. The plastics, rubber, and/or rubber tire feed 
materials to the plastics/rubber recycling unit may originate from the 
separation or diversion of plastics, rubber, or rubber tires from MSW or 
industrial solid waste, and may include manufacturing scraps, trimmings, 
and off-specification plastics, rubber, and rubber tire discards. The 
plastics, rubber, and rubber tire feed materials to the plastics/rubber 
recycling unit may contain incidental contaminants (e.g., paper labels 
on plastic bottles, metal rings on plastic bottle caps, etc.).
    Potential hydrogen chloride emission rate means the hydrogen 
chloride emission rate that would occur from combustion of MSW in the 
absence of any hydrogen chloride emissions control.
    Potential sulfur dioxide emission rate means the sulfur dioxide 
emission rate that would occur from combustion of

[[Page 262]]

MSW in the absence of any sulfur dioxide emissions control.
    Pulverized coal/refuse-derived fuel mixed fuel-fired combustor or 
pulverized coal/RDF mixed fuel-fired combustor means a combustor that 
fires coal and RDF simultaneously, in which pulverized coal is 
introduced into an air stream that carries the coal to the combustion 
chamber of the unit where it is fired in suspension. This includes both 
conventional pulverized coal and micropulverized coal.
    Pyrolysis/combustion unit means a unit that produces gases, liquids, 
or solids through the heating of MSW, and the gases, liquids, or solids 
produced are combusted and emissions vented to the atmosphere.
    Reconstruction means rebuilding an MWC unit for which the cumulative 
costs of the construction over the life of the unit exceed 50 percent of 
the original cost of construction and installation of the unit (not 
including any cost of land purchased in connection with such 
construction or installation) updated to current costs (current 
dollars).
    Refractory unit or refractory wall furnace means a combustion unit 
having no energy recovery (e.g., via a waterwall) in the furnace (i.e., 
radiant heat transfer section) of the combustor.
    Refuse-derived fuel or RDF means a type of MSW produced by 
processing MSW through shredding and size classification.
    This includes all classes of RDF including low density fluff RDF 
through densified RDF and RDF fuel pellets.
    RDF stoker means a steam generating unit that combusts RDF in a 
semi-suspension firing mode using air-fed distributors.
    Same location means the same or contiguous property that is under 
common ownership or control, including properties that are separated 
only by a street, road, highway, or other public right-of-way. Common 
ownership or control includes properties that are owned, leased, or 
operated by the same entity, parent entity, subsidiary, subdivision, or 
any combination thereof, including any municipality or other 
governmental unit, or any quasigovernmental authority (e.g., a public 
utility district or regional waste disposal authority).
    Shift supervisor means the person in direct charge and control of 
the operation of an MWC and who is responsible for on-site supervision, 
technical direction, management, and overall performance of the facility 
during an assigned shift.
    Spreader stoker coal/refuse-derived fuel mixed fuel-fired combustor 
or spreader stoker coal/RDF mixed fuel-fired combustor means a combustor 
that fires coal and refuse-derived fuel simultaneously, in which coal is 
introduced to the combustion zone by a mechanism that throws the fuel 
onto a grate from above. Combustion takes place both in suspension and 
on the grate.
    Standard conditions means a temperature of 20 [deg]C (68 [deg]F) and 
a pressure of 101.3 kilopascals (29.92 inches of mercury).
    Twenty-four hour daily average or 24-hour daily average means the 
arithmetic or geometric mean (as specified in Sec.  60.58a (e), (g), or 
(h) as applicable) of all hourly emission rates when the affected 
facility is operating and firing MSW measured over a 24-hour period 
between 12 midnight and the following midnight.
    Untreated lumber means wood or wood products that have been cut or 
shaped and include wet, air-dried, and kiln-dried wood products. 
Untreated lumber does not include wood products that have been painted, 
pigment-stained, or ``pressure-treated.'' Pressure-treating compounds 
include, but are not limited to, chromate copper arsenate, 
pentachlorophenol, and creosote.
    Waterwall furnace means a combustion unit having energy (heat) 
recovery in the furnace (i.e., radiant heat transfer section) of the 
combustor.
    Yard waste means grass, grass clippings, bushes, shrubs, and 
clippings from bushes and shrubs that are generated by residential, 
commercial/retail, institutional, and/or industrial sources as part of 
maintenance activities associated with yards or other private or public 
lands. Yard waste does not include construction, renovation, and 
demolition wastes, which are exempt from the definition of MSW in

[[Page 263]]

this section. Yard waste does not include clean wood, which is exempt 
from the definition of MSW in this section.

[56 FR 5507, Feb. 11, 1991, as amended at 60 FR 65384, Dec. 19, 1995; 65 
FR 61753, Oct. 17, 2000]



Sec.  60.52a  Standard for municipal waste combustor metals.

    (a) On and after the date on which the initial compliance test is 
completed or is required to be completed under Sec.  60.8, no owner or 
operator of an affected facility located within a large MWC plant shall 
cause to be discharged into the atmosphere from that affected facility 
any gases that contain particulate matter in excess of 34 milligrams per 
dry standard cubic meter (0.015 grains per dry standard cubic foot), 
corrected to 7 percent oxygen (dry basis).
    (b) On and after the date on which the initial compliance test is 
completed or is required to be completed under Sec.  60.8, no owner or 
operator of an affected facility subject to the particulate matter 
emission limit under paragraph (a) of this section shall cause to be 
discharged into the atmosphere from that affected facility any gases 
that exhibit greater than 10 percent opacity (6-minute average).
    (c) [Reserved]



Sec.  60.53a  Standard for municipal waste combustor organics.

    (a) [Reserved]
    (b) On and after the date on which the initial compliance test is 
completed or is required to be completed under Sec.  60.8, no owner or 
operator of an affected facility located within a large MWC plant shall 
cause to be discharged into the atmosphere from that affected facility 
any gases that contain dioxin/furan emissions that exceed 30 nanograms 
per dry standard cubic meter (12 grains per billion dry standard cubic 
feet), corrected to 7 percent oxygen (dry basis).



Sec.  60.54a  Standard for municipal waste combustor acid gases.

    (a)-(b) [Reserved]
    (c) On and after the date on which the initial compliance test is 
completed or is required to be completed under Sec.  60.8, no owner or 
operator of an affected facility located within a large MWC plant shall 
cause to be discharged into the atmosphere from that affected facility 
any gases that contain sulfur dioxide in excess of 20 percent of the 
potential sulfur dioxide emission rate (80 percent reduction by weight 
or volume) or 30 parts per million by volume, corrected to 7 percent 
oxygen (dry basis), whichever is less stringent. The averaging time is 
specified in Sec.  60.58a(e).
    (d) On and after the date on which the initial compliance test is 
completed or is required to be completed under Sec.  60.8, no owner or 
operator of an affected facility located within a large MWC plant shall 
cause to be discharged into the atmosphere from that affected facility 
any gases that contain hydrogen chloride in excess of 5 percent of the 
potential hydrogen chloride emission rate (95 percent reduction by 
weight or volume) or 25 parts per million by volume, corrected to 7 
percent oxygen (dry basis), whichever is less stringent.



Sec.  60.55a  Standard for nitrogen oxides.

    On and after the date on which the initial compliance test is 
completed or is required to be completed under Sec.  60.8, no owner or 
operator of an affected facility located within a large MWC plant shall 
cause to be discharged into the atmosphere from that affected facility 
any gases that contain nitrogen oxides in excess of 180 parts per 
million by volume, corrected to 7 percent oxygen (dry basis). The 
averaging time is specified under Sec.  60.58a(g).



Sec.  60.56a  Standards for municipal waste combustor operating practices.

    (a) On and after the date on which the initial compliance test is 
completed or is required to be completed under Sec.  60.8, no owner or 
operator of an affected facility located within a large MWC plant shall 
cause such facility to exceed the carbon monoxide standards shown in 
table 1.

                    Table 1--MWC Operating Standards
------------------------------------------------------------------------
                                                              Carbon
                                                             monoxide
                                                          emission limit
                     MWC technology                         (parts per
                                                            million by
                                                            volume) \1\
------------------------------------------------------------------------
Mass burn waterwall.....................................             100

[[Page 264]]

 
Mass burn refractory....................................             100
Mass burn rotary waterwall..............................             100
Modular starved air.....................................              50
Modular excess air......................................              50
RDF stoker..............................................             150
Bubbling fluidized bed combustor........................             100
Circulating fluidized bed combustor.....................             100
Pulverized coal/RDF mixed fuel-fired combustor..........             150
Spreader stoker coal/RDF mixed fuel-fird combustor......             150
------------------------------------------------------------------------
\1\ Measured at the combustor outlet in conjunction with a measurement
  of oxygen concentration, corrected to 7 percent oxygen (dry basis).
  The averaging times are specified in Sec.   60.58a(h).

    (b) No owner or operator of an affected facility located within a 
large MWC plant shall cause such facility to operate at a load level 
greater than 110 percent of the maximum demonstrated MWC unit load as 
defined in Sec.  60.51a. The averaging time is specified under Sec.  
60.58a(h).
    (c) No owner or operator of an affected facility located within a 
large MWC plant shall cause such facility to operate at a temperature, 
measured at the final particulate matter control device inlet, exceeding 
17 [deg]Centigrade (30 [deg]Fahrenheit) above the maximum demonstrated 
particulate matter control device temperature as defined in Sec.  
60.51a. The averaging time is specified under Sec.  60.58a(h).
    (d) Within 24 months from the date of start-up of an affected 
facility or before February 11, 1993, whichever is later, each chief 
facility operator and shift supervisor of an affected facility located 
within a large MWC plant shall obtain and keep current either a 
provisional or operator certification in accordance with ASME QRO-1-1994 
(incorporated by reference, see Sec.  60.17) or an equivalent State-
approved certification program.
    (e) No owner or operator of an affected facility shall allow such 
affected facility located at a large MWC plant to operate at any time 
without a certified shift supervisor, as provided under paragraph (d) of 
this section, on duty at the affected facility. This requirement shall 
take effect 24 months after the date of start-up of the affected 
facility or on and after February 11, 1993, whichever is later.
    (f) The owner or operator of an affected facility located within a 
large MWC plant shall develop and update on a yearly basis a 
sitespecific operating manual that shall, at a minimum, address the 
following elements of MWC unit operation:
    (1) Summary of the applicable standards under this subpart;
    (2) Description of basic combustion theory applicable to an MWC 
unit;
    (3) Procedures for receiving, handling, and feeding MSW;
    (4) MWC unit start-up, shutdown, and malfunction procedures;
    (5) Procedures for maintaining proper combustion air supply levels;
    (6) Procedures for operating the MWC unit within the standards 
established under this subpart;
    (7) Procedures for responding to periodic upset or off-specification 
conditions;
    (8) Procedures for minimizing particulate matter carryover;
    (9) [Reserved]
    (10) Procedures for handling ash;
    (11) Procedures for monitoring MWC unit emissions; and
    (12) Reporting and recordkeeping procedures.
    (g) The owner or operator of an affected facility located within a 
large MWC plant shall establish a program for reviewing the operating 
manual annually with each person who has responsibilities affecting the 
operation of an affected facility including, but not limited to, chief 
facility operators, shift supervisors, control room operators, ash 
handlers, maintenance personnel, and crane/load handlers.
    (h) The initial review of the operating manual, as specified under 
paragraph (g) of this section, shall be conducted prior to assumption of 
responsibilities affecting MWC unit operation by any person required to 
undergo training under paragraph (g) of this section. Subsequent reviews 
of the manual shall be carried out annually by each such person.
    (i) The operating manual shall be kept in a readily accessible 
location for all persons required to undergo training under paragraph 
(g) of this section. The operating manual and records of

[[Page 265]]

training shall be available for inspection by EPA or its delegated 
enforcement agent upon request.
    (j)-(k) [Reserved]

[56 FR 5507, Feb. 11, 1991, as amended at 60 FR 65386, Dec. 19, 1995]



Sec.  60.57a  [Reserved]



Sec.  60.58a  Compliance and performance testing.

    (a) The standards under this subpart apply at all times, except 
during periods of start-up, shutdown, or malfunction; provided, however, 
that the duration of start-up, shutdown, or malfunction shall not exceed 
3 hours per occurrence.
    (1) The start-up period commences when the affected facility begins 
the continuous burning of MSW and does not include any warm-up period 
when the affected facility is combusting only a fossil fuel or other 
non-MSW fuel and no MSW is being combusted.
    (2) Continuous burning is the continuous, semicontinuous, or batch 
feeding of MSW for purposes of waste disposal, energy production, or 
providing heat to the combustion system in preparation for waste 
disposal or energy production. The use of MSW solely to provide thermal 
protection of grate or hearth during the start-up period shall not be 
considered to be continuous burning.
    (b) The following procedures and test methods shall be used to 
determine compliance with the emission limits for particulate matter 
under Sec.  60.52a:
    (1) Method 1 shall be used to select sampling site and number of 
traverse points.
    (2) Method 3 shall be used for gas analysis.
    (3) Method 5 shall be used for determining compliance with the 
particulate matter emission limit. The minimum sample volume shall be 
1.7 cubic meters (60 cubic feet). The probe and filter holder heating 
systems in the sample train shall be set to provide a gas temperature of 
160[deg]14 [deg]Centigrade (320[deg]25 [deg]Fahrenheit). An oxygen or carbon dioxide 
measurement shall be obtained simultaneously with each Method 5 run.
    (4) For each Method 5 run, the emission rate shall be determined 
using:
    (i) Oxygen or carbon dioxide measurements,
    (ii) Dry basis F factor, and
    (iii) Dry basis emission rate calculation procedures in Method 19.
    (5) An owner or operator may request that compliance be determined 
using carbon dioxide measurements corrected to an equivalent of 7 
percent oxygen. The relationship between oxygen and carbon dioxide 
levels for the affected facility shall be established during the initial 
compliance test.
    (6) The owner or operator of an affected facility shall conduct an 
initial compliance test for particulate matter and opacity as required 
under Sec.  60.8.
    (7) Method 9 shall be used for determining compliance with the 
opacity limit.
    (8) The owner or operator of an affected facility shall install, 
calibrate, maintain, and operate a continuous opacity monitoring system 
(COMS) and record the output of the system on a 6-minute average basis.
    (9) Following the date the initial compliance test for particulate 
matter is completed or is required to be completed under Sec.  60.8 for 
an affected facility located within a large MWC plant, the owner or 
operator shall conduct a performance test for particulate matter on an 
annual basis (no more than 12 calendar months following the previous 
compliance test).
    (10) [Reserved]
    (c) [Reserved]
    (d) The following procedures and test methods shall be used to 
determine compliance with the limits for dioxin/furan emissions under 
Sec.  60.53a:
    (1) Method 23 shall be used for determining compliance with the 
dioxin/furan emission limits. The minimum sample time shall be 4 hours 
per test run.
    (2) The owner or operator of an affected facility shall conduct an 
initial compliance test for dioxin/furan emissions as required under 
Sec.  60.8.
    (3) Following the date of the initial compliance test or the date on 
which the initial compliance test is required to be completed under 
Sec.  60.8, the owner or operator of an affected facility located within 
a large MWC plant shall conduct a performance test for dioxin/furan 
emissions on an annual basis (no

[[Page 266]]

more than 12 calendar months following the previous compliance test).
    (4) [Reserved]
    (5) An owner or operator may request that compliance with the 
dioxin/furan emissions limit be determined using carbon dioxide 
measurements corrected to an equivalent of 7 percent oxygen. The 
relationship between oxygen and carbon dioxide levels for the affected 
facility shall be established during the initial compliance test.
    (e) The following procedures and test methods shall be used for 
determining compliance with the sulfur dioxide limit under Sec.  60.54a:
    (1) Method 19, section 5.4, shall be used to determine the daily 
geometric average percent reduction in the potential sulfur dioxide 
emission rate.
    (2) Method 19, section 4.3, shall be used to determine the daily 
geometric average sulfur dioxide emission rate.
    (3) An owner or operator may request that compliance with the sulfur 
dioxide emissions limit be determined using carbon dioxide measurements 
corrected to an equivalent of 7 percent oxygen. The relationship between 
oxygen and carbon dioxide levels for the affected facility shall be 
established during the initial compliance test.
    (4) The owner or operator of an affected facility shall conduct an 
initial compliance test for sulfur dioxide as required under Sec.  60.8. 
Compliance with the sulfur dioxide emission limit and percent reduction 
is determined by using a CEMS to measure sulfur dioxide and calculating 
a 24-hour daily geometric mean emission rate and daily geometric mean 
percent reduction using Method 19 sections 4.3 and 5.4, as applicable, 
except as provided under paragraph (e)(5) of this section.
    (5) For batch MWC's or MWC units that do not operate continuously, 
compliance shall be determined using a daily geometric mean of all 
hourly average values for the hours during the day that the affected 
facility is combusting MSW.
    (6) The owner or operator of an affected facility shall install, 
calibrate, maintain, and operate a CEMS for measuring sulfur dioxide 
emissions discharged to the atmosphere and record the output of the 
system.
    (7) Following the date of the initial compliance test or the date on 
which the initial compliance test is required to be completed under 
Sec.  60.8, compliance with the sulfur dioxide emission limit or percent 
reduction shall be determined based on the geometric mean of the hourly 
arithmetic average emission rates during each 24-hour daily period 
measured between 12:00 midnight and the following midnight using: CEMS 
inlet and outlet data, if compliance is based on a percent reduction; or 
CEMS outlet data only if compliance is based on an emission limit.
    (8) At a minimum, valid CEMS data shall be obtained for 75 percent 
of the hours per day for 75 percent of the days per month the affected 
facility is operated and combusting MSW.
    (9) The 1-hour arithmetic averages required under paragraph (e)(7) 
of this section shall be expressed in parts per million (dry basis) and 
used to calculate the 24-hour daily geometric mean emission rates. The 
1-hour arithmetic averages shall be calculated using the data points 
required under Sec.  60.13(e)(2). At least two data points shall be used 
to calculate each 1-hour arithmetic average.
    (10) All valid CEMS data shall be used in calculating emission rates 
and percent reductions even if the minimum CEMS data requirements of 
paragraph (e)(8) of this section are not met.
    (11) The procedures under Sec.  60.1 3 shall be followed for 
installation, evaluation, and operation of the CEMS.
    (12) The CEMS shall be operated according to Performance 
Specifications 1, 2, and 3 (appendix B of part 60).
    (13) Quarterly accuracy determinations and daily calibration drift 
tests shall be performed in accordance with Procedure 1 (appendix F of 
part 60).
    (14) The span value of the CEMS at the inlet to the sulfur dioxide 
control device is 125 percent of the maximum estimated hourly potential 
sulfur dioxide emissions of the MWC unit, and the span value of the CEMS 
at the outlet of the sulfur dioxide control device is 50 percent of the 
maximum estimated hourly potential sulfur dioxide emissions of the MWC 
unit.
    (15) When sulfur dioxide emissions data are not obtained because of 
CEMS

[[Page 267]]

breakdowns, repairs, calibration checks and zero and span adjustments, 
emissions data shall be obtained by using other monitoring systems as 
approved by the Administrator or Method 19 to provide as necessary valid 
emission data for a minimum of 75 percent of the hours per day for 75 
percent of the days per month the unit is operated and combusting MSW.
    (16) Not operating a sorbent injection system for the sole purpose 
of testing in order to demonstrate compliance with the percent reduction 
standards for MWC acid gases shall not be considered a physical change 
in the method of operation under 40 CFR 52.21, or under regulations 
approved pursuant to 40 CFR 51.166 or 40 CFR 51.165 (a) and (b).
    (f) The following procedures and test methods shall be used for 
determining compliance with the hydrogen chloride limits under Sec.  
60.54a:
    (1) The percentage reduction in the potential hydrogen chloride 
emissions (%PHCl) is computed using the following formula:
[GRAPHIC] [TIFF OMITTED] TC16NO91.003

where:

Ei is the potential hydrogen chloride emission rate.
Eo is the hydrogen chloride emission rate measured at the 
          outlet of the acid gas control device.

    (2) Method 26 or 26A shall be used for determining the hydrogen 
chloride emission rate. The minimum sampling time for Method 26 or 26A 
shall be 1 hour.
    (3) An owner or operator may request that compliance with the 
hydrogen chloride emissions limit be determined using carbon dioxide 
measurements corrected to an equivalent of 7 percent oxygen. The 
relationship between oxygen and carbon dioxide levels for the affected 
facility shall be established during the initial compliance test.
    (4) The owner or operator of an affected facility shall conduct an 
initial compliance test for hydrogen chloride as required under Sec.  
60.8.
    (5) Following the date of the initial compliance test or the date on 
which the initial compliance test is required under Sec.  60.8, the 
owner or operator of an affected facility located within a large MWC 
plant shall conduct a performance test for hydrogen chloride on an 
annual basis (no more than 12 calendar months following the previous 
compliance test).
    (6) [Reserved]
    (7) Not operating a sorbent injection system for the sole purpose of 
testing in order to demonstrate compliance with the percent reduction 
standards for MWC acid gases shall not be considered a physical change 
in the method of operation under 40 CFR 52.21, or under regulations 
approved pursuant to 40 CFR 51.166 or 40 CFR 51.165 (a) and (b).
    (g) The following procedures and test methods shall be used to 
determine compliance with the nitrogen oxides limit under Sec.  60.55a:
    (1) Method 19, section 4.1, shall be used for determining the daily 
arithmetic average nitrogen oxides emission rate.
    (2) An owner or operator may request that compliance with the 
nitrogen oxides emissions limit be determined using carbon dioxide 
measurements corrected to an equivalent of 7 percent oxygen. The 
relationship between oxygen and carbon dioxide levels for the affected 
facility shall be established during the initial compliance test.
    (3) The owner or operator of an affected facility subject to the 
nitrogen oxides limit under Sec.  60.55a shall conduct an initial 
compliance test for nitrogen oxides as required under Sec.  60.8. 
Compliance with the nitrogen oxides emission standard shall be 
determined by using a CEMS for measuring nitrogen oxides and calculating 
a 24-hour daily arithmetic average emission rate using Method 19, 
section 4.1, except as specified under paragraph (g)(4) of this section.
    (4) For batch MWC's or MWC's that do not operate continuously, 
compliance shall be determined using a daily arithmetic average of all 
hourly average values for the hours during the day that the affected 
facility is combusting MSW.
    (5) The owner or operator of an affected facility subject to the 
nitrogen oxides emissions limit under Sec.  60.55a shall install, 
calibrate, maintain, and

[[Page 268]]

operate a CEMS for measuring nitrogen oxides discharged to the 
atmosphere and record the output of the system.
    (6) Following the initial compliance test or the date on which the 
initial compliance test is required to be completed under Sec.  60.8, 
compliance with the emission limit for nitrogen oxides required under 
Sec.  60.55a shall be determined based on the arithmetic average of the 
arithmetic average hourly emission rates during each 24-hour daily 
period measured between 12:00 midnight and the following midnight using 
CEMS data.
    (7) At a minimum valid CEMS data shall be obtained for 75 percent of 
the hours per day for 75 percent of the days per month the affected 
facility is operated and combusting MSW.
    (8) The 1-hour arithmetic averages required by paragraph (g)(6) of 
this section shall be expressed in parts per million volume (dry basis) 
and used to calculate the 24-hour daily arithmetic average emission 
rates. The 1-hour arithmetic averages shall be calculated using the data 
points required under Sec.  60.13(b). At least two data points shall be 
used to calculate each 1-hour arithmetic average.
    (9) All valid CEMS data must be used in calculating emission rates 
even if the minimum CEMS data requirements of paragraph (g)(7) of this 
section are not met.
    (10) The procedures under Sec.  60.13 shall be followed for 
installation, evaluation, and operation of the CEMS.
    (11) Quarterly accuracy determinations and daily calibration drift 
tests shall be performed in accordance with Procedure 1 (appendix F of 
part 60).
    (12) When nitrogen oxides emissions data are not obtained because of 
CEMS breakdowns, repairs, calibration checks, and zero and span 
adjustments, emission data calculations to determine compliance shall be 
made using other monitoring systems as approved by the Administrator or 
Method 19 to provide as necessary valid emission data for a minimum of 
75 percent of the hours per day for 75 percent of the days per month the 
unit is operated and combusting MSW.
    (h) The following procedures shall be used for determining 
compliance with the operating standards under Sec.  60.56a:
    (1) Compliance with the carbon monoxide emission limits in Sec.  
60.56a(a) shall be determined using a 4-hour block arithmetic average 
for all types of affected facilities except mass burn rotary waterwall 
MWC's, RDF stokers, and spreader stoker/RDF mixed fuel-fired combustors.
    (2) For affected mass burn rotary waterwall MWC's, RDF stokers, and 
spreader stoker/RDF mixed fuel-fired combustors, compliance with the 
carbon monoxide emission limits in Sec.  60.56a(a) shall be determined 
using a 24-hour daily arithmetic average.
    (3) The owner or operator of an affected facility shall install, 
calibrate, maintain, and operate a CEMS for measuring carbon monoxide at 
the combustor outlet and record the output of the system.
    (4) The 4-hour and 24-hour daily arithmetic averages in paragraphs 
(h) (1) and (2) of this section shall be calculated from 1-hour 
arithmetic averages expressed in parts per million by volume (dry 
basis). The 1-hour arithmetic averages shall be calculated using the 
data points generated by the CEMS. At least two data points shall be 
used to calculate each 1-hour arithmetic average.
    (5) An owner or operator may request that compliance with the carbon 
monoxide emission limit be determined using carbon dioxide measurements 
corrected to an equivalent of 7 percent oxygen. The relationship between 
oxygen and carbon dioxide levels for the affected facility shall be 
established during the initial compliance test.
    (6) The following procedures shall be used to determine compliance 
with load level requirements under Sec.  60.56a(b):
    (i) The owner or operator of an affected facility with steam 
generation capability shall install, calibrate, maintain, and operate a 
steam flow meter or a feedwater flow meter; measure steam or feedwater 
flow in kilograms per hour (pounds per hour) on a continuous basis; and 
record the output of the monitor. Steam or feedwater flow shall be 
calculated in 4-hour block arithmetic averages.

[[Page 269]]

    (ii) The method included in ``American Society of Mechanical 
Engineers Power Test Codes: Test Code for Steam Generating Units, Power 
Test Code 4.1--1964'', Section 4 (incorporated by reference, see Sec.  
60.17) shall be used for calculating the steam (or feedwater flow) 
required under paragraph (h)(6)(i) of this section. The recommendations 
of ``American Society of Mechanical Engineers Interim Supplement 19.5 on 
Instruments and Apparatus: Application, Part II of Fluid Meters, 6th 
edition (1971),'' chapter 4 (incorporated by reference, see Sec.  60.17) 
shall be followed for design, construction, installation, calibration, 
and use of nozzles and orifices except as specified in (h)(6)(iii) of 
this section.
    (iii) Measurement devices such as flow nozzles and orifices are not 
required to be recalibrated after they are installed.
    (iv) All signal conversion elements associated with steam (or 
feedwater flow) measurements must be calibrated according to the 
manufacturer's instructions before each dioxin/furan compliance and 
performance test, and at least once per year.
    (v) The owner or operator of an affected facility without heat 
recovery shall:
    (A) [Reserved]
    (7) To determine compliance with the maximum particulate matter 
control device temperature requirements under Sec.  60.56a(c), the owner 
or operator of an affected facility shall install, calibrate, maintain, 
and operate a device for measuring temperature of the flue gas stream at 
the inlet to the final particulate matter control device on a continuous 
basis and record the output of the device. Temperature shall be 
calculated in 4-hour block arithmetic averages.
    (8) Maximum demonstrated MWC unit load shall be determined during 
the initial compliance test for dioxins/furans and each subsequent 
performance test during which compliance with the dioxin/furan emission 
limit under Sec.  60.53a is achieved. Maximum demonstrated MWC unit load 
shall be the maximum 4-hour arithmetic average load achieved during the 
most recent test during which compliance with the dioxin/furan limit was 
achieved.
    (9) The maximum demonstrated particulate matter control device 
temperature shall be determined during the initial compliance test for 
dioxins/furans and each subsequent performance test during which 
compliance with the dioxin/furan emission limit under Sec.  60.53a is 
achieved. Maximum demonstrated particulate matter control device 
temperature shall be the maximum 4-hour arithmetic average temperature 
achieved at the final particulate matter control device inlet during the 
most recent test during which compliance with the dioxin/furan limit was 
achieved.
    (10) At a minimum, valid CEMS data for carbon monoxide, steam or 
feedwater flow, and particulate matter control device inlet temperature 
shall be obtained 75 percent of the hours per day for 75 percent of the 
days per month the affected facility is operated and combusting MSW.
    (11) All valid data must be used in calculating the parameters 
specified under paragraph (h) of this section even if the minimum data 
requirements of paragraph (h)(10) of this section are not met.
    (12) Quarterly accuracy determinations and daily calibration drift 
tests for carbon monoxide CEMS shall be performed in accordance with 
Procedure 1 (appendix F).
    (i) [Reserved]
    (j) The following procedures shall be used for calculating MWC unit 
capacity as defined under Sec.  60.51a:
    (1) For MWC units capable of combusting MSW continuously for a 24-
hour period, MWC unit capacity, in megagrams per day (tons per day) of 
MSW combusted, shall be calculated based on 24 hours of operation at the 
maximum design charging rate. The design heating values under paragraph 
(j)(4) of this section shall be used in calculating the design charging 
rate.
    (2) For batch MWC units, MWC unit capacity, in megagrams per day 
(tons per day) of MSW combusted, shall be calculated as the maximum 
design amount of MSW that can be charged per batch multiplied by the 
maximum number of batches that could be processed in a 24-hour period. 
The maximum number of batches that could be

[[Page 270]]

processed in a 24-hour period is calculated as 24 hours divided by the 
design number of hours required to process one batch of MSW, and may 
include fractional batches. \1\ The design heating values under 
paragraph (j)(4) of this section shall be used in calculating the MWC 
unit capacity in megagrams per day (tons per day) of MSW.
---------------------------------------------------------------------------

    \1\ For example, if one batch requires 16 hours, then 24/16, or 1.5 
batches, could be combusted in a 24-hour period.
---------------------------------------------------------------------------

    (3) [Reserved]
    (4) The MWC unit capacity shall be calculated using a design heating 
value of 10,500 kilojoules per kilogram (4,500 British thermal units per 
pound) for all MSW.

[56 FR 5507, Feb. 11, 1991, as amended at 60 FR 65387, Dec. 19, 1995; 65 
FR 61753, Oct. 17, 2000]



Sec.  60.59a  Reporting and recordkeeping requirements.

    (a) The owner or operator of an affected facility located at an MWC 
plant with a capacity greater than 225 megagrams per day (250 tons per 
day) shall provide notification of intent to construct and of planned 
initial start-up date and the type(s) of fuels that they plan to combust 
in the affected facility. The MWC unit capacity and MWC plant capacity 
and supporting capacity calculations shall be provided at the time of 
the notification of construction.
    (b) The owner or operator of an affected facility located within a 
small or large MWC plant and subject to the standards under Sec.  
60.52a, Sec.  60.53a, Sec.  60.54a, Sec.  60.55a, Sec.  60.56a, or Sec.  
60.57a shall maintain records of the following information for each 
affected facility for a period of at least 2 years:
    (1) Calendar date.
    (2) The emission rates and parameters measured using CEMS as 
specified under (b)(2) (i) and (ii) of this section:
    (i) The following measurements shall be recorded in computer-
readable format and on paper:
    (A) All 6-minute average opacity levels required under Sec.  
60.58a(b).
    (B) All 1 hour average sulfur dioxide emission rates at the inlet 
and outlet of the acid gas control device if compliance is based on a 
percent reduction, or at the outlet only if compliance is based on the 
outlet emission limit, as specified under Sec.  60.58a(e).
    (C) All 1-hour average nitrogen oxides emission rates as specified 
under Sec.  60.58a(g).
    (D) All 1-hour average carbon monoxide emission rates, MWC unit load 
measurements, and particulate matter control device inlet temperatures 
as specified under Sec.  60.58a(h).
    (ii) The following average rates shall be computed and recorded:
    (A) All 24-hour daily geometric average percent reductions in sulfur 
dioxide emissions and all 24-hour daily geometric average sulfur dioxide 
emission rates as specified under Sec.  60.58a(e).
    (B) All 24-hour daily arithmetic average nitrogen oxides emission 
rates as specified under Sec.  60.58a(g).
    (C) All 4-hour block or 24-hour daily arithmetic average carbon 
monoxide emission rates, as applicable, as specified under Sec.  
60.58a(h).
    (D) All 4-hour block arithmetic average MWC unit load levels and 
particulate matter control device inlet temperatures as specified under 
Sec.  60.58a(h).
    (3) Identification of the operating days when any of the average 
emission rates, percent reductions, or operating parameters specified 
under paragraph (b)(2)(ii) of this section or the opacity level exceeded 
the applicable limits, with reasons for such exceedances as well as a 
description of corrective actions taken.
    (4) Identification of operating days for which the minimum number of 
hours of sulfur dioxide or nitrogen oxides emissions or operational data 
(carbon monoxide emissions, unit load, particulate matter control device 
temperature) have not been obtained, including reasons for not obtaining 
sufficient data and a description of corrective actions taken.
    (5) Identification of the times when sulfur dioxide or nitrogen 
oxides emission or operational data (carbon monoxide emissions, unit 
load, particulate matter control device temperature) have been excluded 
from the calculation of average emission rates or parameters and the 
reasons for excluding data.

[[Page 271]]

    (6) The results of daily sulfur dioxide, nitrogen oxides, and carbon 
monoxide CEMS drift tests and accuracy assessments as required under 
appendix F, Procedure 1.
    (7) The results of all annual performance tests conducted to 
determine compliance with the particulate matter, dioxin/furan and 
hydrogen chloride limits. For all annual dioxin/furan tests, the maximum 
demonstrated MWC unit load and maximum demonstrated particulate matter 
control device temperature shall be recorded along with supporting 
calculations.
    (8)-(15) [Reserved]
    (c) Following the initial compliance test as required under 
Sec. Sec.  60.8 and 60.58a, the owner or operator of an affected 
facility located within a large MWC plant shall submit the initial 
compliance test data, the performance evaluation of the CEMS using the 
applicable performance specifications in appendix B, and the maximum 
demonstrated MWC unit load and maximum demonstrated particulate matter 
control device temperature established during the dioxin/furan 
compliance test.
    (d) [Reserved]
    (e)(1) The owner or operator of an affected facility located within 
a large MWC plant shall submit annual compliance reports for sulfur 
dioxide, nitrogen oxide (if applicable), carbon monoxide, load level, 
and particulate matter control device temperature to the Administrator 
containing the information recorded under paragraphs (b)(1), (2)(ii), 
(4), (5), and (6) of this section for each pollutant or parameter. The 
hourly average values recorded under paragraph (b)(2)(i) of this section 
are not required to be included in the annual reports. Combustors firing 
a mixture of medical waste and other MSW shall also provide the 
information under paragraph (b)(15) of this section, as applicable, in 
each annual report. The owner or operator of an affected facility must 
submit reports semiannually once the affected facility is subject to 
permitting requirements under Title V of the Act.
    (2) The owner or operator shall submit a semiannual report for any 
pollutant or parameter that does not comply with the pollutant or 
parameter limits specified in this subpart. Such report shall include 
the information recorded under paragraph (b)(3) of this section. For 
each of the dates reported, include the sulfur dioxide, nitrogen oxide, 
carbon monoxide, load level, and particulate matter control device 
temperature data, as applicable, recorded under paragraphs (b)(2)(ii)(A) 
through (D) of this section.
    (3) Reports shall be postmarked no later than the 30th day following 
the end of the annual or semiannual period, as applicable.
    (f)(1) The owner or operator of an affected facility located within 
a large MWC plant shall submit annual compliance reports, as applicable, 
for opacity. The annual report shall list the percent of the affected 
facility operating time for the reporting period that the opacity CEMS 
was operating and collecting valid data. Once the unit is subject to 
permitting requirements under Title V of the Act, the owner or operator 
of an affected facility must submit these reports semiannually.
    (2) The owner or operator shall submit a semiannual report for all 
periods when the 6-minute average levels exceeded the opacity limit 
under Sec.  60.52a. The semiannual report shall include all information 
recorded under paragraph (b)(3) of this section which pertains to 
opacity, and a listing of the 6-minute average opacity levels recorded 
under paragraph (b)(2)(i)(A) of this section, which exceeded the opacity 
limit.
    (3) Reports shall be postmarked no later than the 30th day following 
the end of the annual of semiannual period, as applicable.
    (g)(1) The owner or operator of an affected facility located within 
a large MWC plant shall submit reports to the Administrator of all 
annual performance tests for particulate matter, dioxin/furan, and 
hydrogen chloride as recorded under paragraph (b)(7) of this section, as 
applicable, from the affected facility. For each annual dioxin/furan 
compliance test, the maximum demonstrated MWC unit load and maximum 
demonstrated particulate matter control device temperature shall be 
reported. Such reports shall be submitted when available and in no case 
later than the date of required submittal of the annual report specified 
under paragraphs (e) and (f) of this section, or

[[Page 272]]

within six months of the date the test was conducted, whichever is 
earlier.
    (2) The owner or operator shall submit a report of test results 
which document any particulate matter, dioxin/furan, and hydrogen 
chloride levels that were above the applicable pollutant limit. The 
report shall include a copy of the test report documenting the emission 
levels and shall include the corrective action taken. Such reports shall 
be submitted when available and in no case later than the date required 
for submittal of any semiannual report required in paragraphs (e) or (f) 
of this section, or within six months of the date the test was 
conducted, whichever is earlier.
    (h) [Reserved]
    (i) Records of CEMS data for opacity, sulfur dioxide, nitrogen 
oxides, and carbon monoxide, load level data, and particulate matter 
control device temperature data shall be maintained for at least 2 years 
after date of recordation and be made available for inspection upon 
request.
    (j) Records showing the names of persons who have completed review 
of the operating manual, including the date of the initial review and 
all subsequent annual reviews, shall be maintained for at least 2 years 
after date of review and be made available for inspection upon request.

[56 FR 5507, Feb. 11, 1991, as amended at 60 FR 65387, Dec. 19, 1995; 64 
FR 7465, Feb. 12, 1999]



Subpart Eb_Standards of Performance for Large Municipal Waste Combustors 
  for Which Construction is Commenced After September 20, 1994 or for 
  Which Modification or Reconstruction is Commenced After June 19, 1996

    Source: 60 FR 65419, Dec. 19, 1995, unless otherwise noted.



Sec.  60.50b  Applicability and delegation of authority.

    (a) The affected facility to which this subpart applies is each 
municipal waste combustor unit with a combustion capacity greater than 
250 tons per day of municipal solid waste for which construction, 
modification, or reconstruction is commenced after September 20, 1994.
    (b) Any waste combustion unit that is capable of combusting more 
than 250 tons per day of municipal solid waste and is subject to a 
federally enforceable permit limiting the maximum amount of municipal 
solid waste that may be combusted in the unit to less than or equal to 
11 tons per day is not subject to this subpart if the owner or operator:
    (1) Notifies EPA of an exemption claim;
    (2) Provides a copy of the federally enforceable permit that limits 
the firing of municipal solid waste to less than 11 tons per day; and
    (3) Keeps records of the amount of municipal solid waste fired on a 
daily basis.
    (c) An affected facility to which this subpart applies is not 
subject to subpart E or Ea of this part.
    (d) Physical or operational changes made to an existing municipal 
waste combustor unit primarily for the purpose of complying with 
emission guidelines under subpart Cb are not considered a modification 
or reconstruction and do not result in an existing municipal waste 
combustor unit becoming subject to this subpart.
    (e) A qualifying small power production facility, as defined in 
section 3(17)(C) of the Federal Power Act (16 U.S.C. 796(17)(C)), that 
burns homogeneous waste (such as automotive tires or used oil, but not 
including refuse-derived fuel) for the production of electric energy is 
not subject to this subpart if the owner or operator of the facility 
notifies EPA of this exemption and provides data documenting that the 
facility qualifies for this exemption.
    (f) A qualifying cogeneration facility, as defined in section 
3(18)(B) of the Federal Power Act (16 U.S.C. 796(18)(B)), that burns 
homogeneous waste (such as automotive tires or used oil, but not 
including refuse-derived

[[Page 273]]

fuel) for the production of electric energy and steam or forms of useful 
energy (such as heat) that are used for industrial, commercial, heating, 
or cooling purposes, is not subject to this subpart if the owner or 
operator of the facility notifies EPA of this exemption and provides 
data documenting that the facility qualifies for this exemption.
    (g) Any unit combusting a single-item waste stream of tires is not 
subject to this subpart if the owner or operator of the unit:
    (1) Notifies EPA of an exemption claim; and
    (2) [Reserved]
    (3) Provides data documenting that the unit qualifies for this 
exemption.
    (h) Any unit required to have a permit under section 3005 of the 
Solid Waste Disposal Act is not subject to this subpart.
    (i) Any materials recovery facility (including primary or secondary 
smelters) that combusts waste for the primary purpose of recovering 
metals is not subject to this subpart.
    (j) Any cofired combustor, as defined under Sec.  60.51b, that meets 
the capacity specifications in paragraph (a) of this section is not 
subject to this subpart if the owner or operator of the cofired 
combustor:
    (1) Notifies EPA of an exemption claim;
    (2) Provides a copy of the federally enforceable permit (specified 
in the definition of cofired combustor in this section); and
    (3) Keeps a record on a calendar quarter basis of the weight of 
municipal solid waste combusted at the cofired combustor and the weight 
of all other fuels combusted at the cofired combustor.
    (k) Air curtain incinerators, as defined under Sec.  60.51b, located 
at a plant that meet the capacity specifications in paragraph (a) of 
this section and that combust a fuel stream composed of 100 percent yard 
waste are exempt from all provisions of this subpart except the opacity 
limit under Sec.  60.56b, the testing procedures under Sec.  60.58b(l), 
and the reporting and recordkeeping provisions under Sec.  60.59b (e) 
and (i).
    (l) Air curtain incinerators located at plants that meet the 
capacity specifications in paragraph (a) of this section combusting 
municipal solid waste other than yard waste are subject to all 
provisions of this subpart.
    (m) Pyrolysis/combustion units that are an integrated part of a 
plastics/rubber recycling unit (as defined in Sec.  60.51b) are not 
subject to this subpart if the owner or operator of the plastics/rubber 
recycling unit keeps records of the weight of plastics, rubber, and/or 
rubber tires processed on a calendar quarter basis; the weight of 
chemical plant feedstocks and petroleum refinery feedstocks produced and 
marketed on a calendar quarter basis; and the name and address of the 
purchaser of the feedstocks. The combustion of gasoline, diesel fuel, 
jet fuel, fuel oils, residual oil, refinery gas, petroleum coke, 
liquified petroleum gas, propane, or butane produced by chemical plants 
or petroleum refineries that use feedstocks produced by plastics/rubber 
recycling units are not subject to this subpart.
    (n) The following authorities are retained by the Administrator of 
the U.S. EPA and are not transferred to a State:
    (1) Approval of exemption claims in paragraphs (b), (e), (f), (g) 
and (j) of this section;
    (2) Enforceability under Federal law of all Federally enforceable, 
as defined in Sec.  60.51b, limitations and conditions;
    (3) Determination of compliance with the siting requirements as 
specified in Sec.  60.57b(a);
    (4) Acceptance of relationship between carbon monoxide and oxygen as 
part of initial and annual performance tests as specified in Sec.  
60.58b(b)(7);
    (5) Approval of other monitoring systems used to obtain emissions 
data when data is not obtained by CEMS as specified in Sec.  
60.58b(e)(14), (h)(12), (i)(11), and (n)(14), and (p)(11);
    (6) Approval of a site-specific monitoring plan for the continuous 
emission monitoring system specified in ``60.58b(n)(13) and (o) of this 
section or the continuous automated sampling system specified in Sec.  
60.58b(p)(10) and (q) of this section;
    (7) Approval of major alternatives to test methods;
    (8) Approval of major alternatives to monitoring;
    (9) Waiver of recordkeeping; and

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    (10) Performance test and data reduction waivers under ``608(b).
    (o) This subpart shall become effective June 19, 1996.
    (p) Cement kilns firing municipal solid waste are not subject to 
this subpart.

[60 FR 65419, Dec. 19, 1995, as amended at 62 FR 45120, 45125, Aug. 25, 
1997; 71 FR 27335, May 10, 2006]



Sec.  60.51b  Definitions.

    Administrator means:
    (1) For approved and effective State Section 111(d)/129 plans, the 
Director of the State air pollution control agency, or employee of the 
State air pollution control agency that is delegated the authority to 
perform the specified task;
    (2) For Federal Section 111(d)/129 plans, the Administrator of the 
EPA, an employee of the EPA, the Director of the State air pollution 
control agency, or employee of the State air pollution control agency to 
whom the authority has been delegated by the Administrator of the EPA to 
perform the specified task; and
    (3) For NSPS, the Administrator of the EPA, an employee of the EPA, 
the Director of the State air pollution control agency, or employee of 
the State air pollution control agency to whom the authority has been 
delegated by the Administrator of the EPA to perform the specified task.
    Air curtain incinerator means an incinerator that operates by 
forcefully projecting a curtain of air across an open chamber or pit in 
which burning occurs. Incinerators of this type can be constructed above 
or below ground and with or without refractory walls and floor.
    Batch municipal waste combustor means a municipal waste combustor 
unit designed so that it cannot combust municipal solid waste 
continuously 24 hours per day because the design does not allow waste to 
be fed to the unit or ash to be removed while combustion is occurring.
    Bubbling fluidized bed combustor means a fluidized bed combustor in 
which the majority of the bed material remains in a fluidized state in 
the primary combustion zone.
    Calendar quarter means a consecutive 3-month period (nonoverlapping) 
beginning on January 1, April 1, July 1, and October 1.
    Calendar year means the period including 365 days starting January 1 
and ending on December 31.
    Chief facility operator means the person in direct charge and 
control of the operation of a municipal waste combustor and who is 
responsible for daily onsite supervision, technical direction, 
management, and overall performance of the facility.
    Circulating fluidized bed combustor means a fluidized bed combustor 
in which the majority of the fluidized bed material is carried out of 
the primary combustion zone and is transported back to the primary zone 
through a recirculation loop.
    Clean wood means untreated wood or untreated wood products including 
clean untreated lumber, tree stumps (whole or chipped), and tree limbs 
(whole or chipped). Clean wood does not include yard waste, which is 
defined elsewhere in this section, or construction, renovation, and 
demolition wastes (including but not limited to railroad ties and 
telephone poles), which are exempt from the definition of municipal 
solid waste in this section.
    Cofired combustor means a unit combusting municipal solid waste with 
nonmunicipal solid waste fuel (e.g., coal, industrial process waste) and 
subject to a federally enforceable permit limiting the unit to 
combusting a fuel feed stream, 30 percent or less of the weight of which 
is comprised, in aggregate, of municipal solid waste as measured on a 
calendar quarter basis.
    Continuous automated sampling system means the total equipment and 
procedures for automated sample collection and sample recovery/analysis 
to determine a pollutant concentration or emission rate by collecting a 
single or multiple integrated sample(s) of the pollutant (or diluent 
gas) for subsequent on-or off-site analysis; integrated sample(s) 
collected are representative of the emissions for the sample time as 
specified by the applicable requirement.

[[Page 275]]

    Continuous emission monitoring system means a monitoring system for 
continuously measuring the emissions of a pollutant from an affected 
facility.
    Dioxin/furan means tetra- through octa- chlorinated dibenzo-p-
dioxins and dibenzofurans.
    EPA means the Administrator of the U.S. EPA or employee of the U.S. 
EPA who is delegated to perform the specified task.
    Federally enforceable means all limitations and conditions that are 
enforceable by EPA including the requirements of 40 CFR part 60, 40 CFR 
part 61, and 40 CFR part 63, requirements within any applicable State 
implementation plan, and any permit requirements established under 40 
CFR 52.21 or under 40 CFR 51.18 and 40 CFR 51.24.
    First calendar half means the period starting on January 1 and 
ending on June 30 in any year.
    Four-hour block average or 4-hour block average means the average of 
all hourly emission concentrations when the affected facility is 
operating and combusting municipal solid waste measured over 4-hour 
periods of time from 12:00 midnight to 4 a.m., 4 a.m. to 8 a.m., 8 a.m. 
to 12:00 noon, 12:00 noon to 4 p.m., 4 p.m. to 8 p.m., and 8 p.m. to 
12:00 midnight.
    Mass burn refractory municipal waste combustor means a field-erected 
combustor that combusts municipal solid waste in a refractory wall 
furnace. Unless otherwise specified, this includes combustors with a 
cylindrical rotary refractory wall furnace.
    Mass burn rotary waterwall municipal waste combustor means a field-
erected combustor that combusts municipal solid waste in a cylindrical 
rotary waterwall furnace or on a tumbling-tile grate.
    Mass burn waterwall municipal waste combustor means a field-erected 
combustor that combusts municipal solid waste in a waterwall furnace.
    Materials separation plan means a plan that identifies both a goal 
and an approach to separate certain components of municipal solid waste 
for a given service area in order to make the separated materials 
available for recycling. A materials separation plan may include 
elements such as dropoff facilities, buy-back or deposit-return 
incentives, curbside pickup programs, or centralized mechanical 
separation systems. A materials separation plan may include different 
goals or approaches for different subareas in the service area, and may 
include no materials separation activities for certain subareas or, if 
warranted, an entire service area.
    Maximum demonstrated municipal waste combustor unit load means the 
highest 4-hour arithmetic average municipal waste combustor unit load 
achieved during four consecutive hours during the most recent dioxin/
furan performance test demonstrating compliance with the applicable 
limit for municipal waste combustor organics specified under Sec.  
60.52b(c).
    Maximum demonstrated particulate matter control device temperature 
means the highest 4-hour arithmetic average flue gas temperature 
measured at the particulate matter control device inlet during four 
consecutive hours during the most recent dioxin/furan performance test 
demonstrating compliance with the applicable limit for municipal waste 
combustor organics specified under Sec.  60.52b(c).
    Modification or modified municipal waste combustor unit means a 
municipal waste combustor unit to which changes have been made after 
June 19, 1996 if the cumulative cost of the changes, over the life of 
the unit, exceed 50 percent of the original cost of construction and 
installation of the unit (not including the cost of any land purchased 
in connection with such construction or installation) updated to current 
costs; or any physical change in the municipal waste combustor unit or 
change in the method of operation of the municipal waste combustor unit 
increases the amount of any air pollutant emitted by the unit for which 
standards have been established under section 129 or section 111. 
Increases in the amount of any air pollutant emitted by the municipal 
waste combustor unit are determined at 100-percent physical load 
capability and downstream of all air pollution control devices, with no 
consideration given for load restrictions based on permits or other 
nonphysical operational restrictions.

[[Page 276]]

    Modular excess-air municipal waste combustor means a combustor that 
combusts municipal solid waste and that is not field-erected and has 
multiple combustion chambers, all of which are designed to operate at 
conditions with combustion air amounts in excess of theoretical air 
requirements.
    Modular starved-air municipal waste combustor means a combustor that 
combusts municipal solid waste and that is not field-erected and has 
multiple combustion chambers in which the primary combustion chamber is 
designed to operate at substoichiometric conditions.
    Municipal solid waste or municipal-type solid waste or MSW means 
household, commercial/retail, and/or institutional waste. Household 
waste includes material discarded by single and multiple residential 
dwellings, hotels, motels, and other similar permanent or temporary 
housing establishments or facilities. Commercial/retail waste includes 
material discarded by stores, offices, restaurants, warehouses, 
nonmanufacturing activities at industrial facilities, and other similar 
establishments or facilities. Institutional waste includes material 
discarded by schools, nonmedical waste discarded by hospitals, material 
discarded by nonmanufacturing activities at prisons and government 
facilities, and material discarded by other similar establishments or 
facilities. Household, commercial/retail, and institutional waste does 
not include used oil; sewage sludge; wood pallets; construction, 
renovation, and demolition wastes (which includes but is not limited to 
railroad ties and telephone poles); clean wood; industrial process or 
manufacturing wastes; medical waste; or motor vehicles (including motor 
vehicle parts or vehicle fluff). Household, commercial/retail, and 
institutional wastes include:
    (1) Yard waste;
    (2) Refuse-derived fuel; and
    (3) Motor vehicle maintenance materials limited to vehicle batteries 
and tires except as specified in Sec.  60.50b(g).
    Municipal waste combustor, MWC, or municipal waste combustor unit: 
(1) Means any setting or equipment that combusts solid, liquid, or 
gasified municipal solid waste including, but not limited to, field-
erected incinerators (with or without heat recovery), modular 
incinerators (starved-air or excess-air), boilers (i.e., steam 
generating units), furnaces (whether suspension-fired, grate-fired, 
mass-fired, air curtain incinerators, or fluidized bed-fired), and 
pyrolysis/combustion units. Municipal waste combustors do not include 
pyrolysis/combustion units located at a plastics/rubber recycling unit 
(as specified in Sec.  60.50b(m)). Municipal waste combustors do not 
include cement kilns firing municipal solid waste (as specified in Sec.  
60.50b(p)). Municipal waste combustors do not include internal 
combustion engines, gas turbines, or other combustion devices that 
combust landfill gases collected by landfill gas collection systems.
    (2) The boundaries of a municipal solid waste combustor are defined 
as follows. The municipal waste combustor unit includes, but is not 
limited to, the municipal solid waste fuel feed system, grate system, 
flue gas system, bottom ash system, and the combustor water system. The 
municipal waste combustor boundary starts at the municipal solid waste 
pit or hopper and extends through:
    (i) The combustor flue gas system, which ends immediately following 
the heat recovery equipment or, if there is no heat recovery equipment, 
immediately following the combustion chamber,
    (ii) The combustor bottom ash system, which ends at the truck 
loading station or similar ash handling equipment that transfer the ash 
to final disposal, including all ash handling systems that are connected 
to the bottom ash handling system; and
    (iii) The combustor water system, which starts at the feed water 
pump and ends at the piping exiting the steam drum or superheater.
    (3) The municipal waste combustor unit does not include air 
pollution control equipment, the stack, water treatment equipment, or 
the turbine-generator set.
    Municipal waste combustor acid gases means all acid gases emitted in 
the exhaust gases from municipal waste combustor units including, but 
not limited to, sulfur dioxide and hydrogen chloride gases.

[[Page 277]]

    Municipal waste combustor metals means metals and metal compounds 
emitted in the exhaust gases from municipal waste combustor units.
    Municipal waste combustor organics means organic compounds emitted 
in the exhaust gases from municipal waste combustor units and includes 
tetra-through octa- chlorinated dibenzo-p-dioxins and dibenzofurans.
    Municipal waste combustor plant means one or more affected 
facilities (as defined in Sec.  60.50b) at the same location.
    Municipal waste combustor unit capacity means the maximum charging 
rate of a municipal waste combustor unit expressed in tons per day of 
municipal solid waste combusted, calculated according to the procedures 
under Sec.  60.58b(j). Section 60.58b(j) includes procedures for 
determining municipal waste combustor unit capacity for continuous and 
batch feed municipal waste combustors.
    Municipal waste combustor unit load means the steam load of the 
municipal waste combustor unit measured as specified in Sec.  
60.58b(i)(6).
    Particulate matter means total particulate matter emitted from 
municipal waste combustor units as measured by EPA Reference Method 5 
(see Sec.  60.58b(c)).
    Plastics/rubber recycling unit means an integrated processing unit 
where plastics, rubber, and/or rubber tires are the only feed materials 
(incidental contaminants may be included in the feed materials) and they 
are processed into a chemical plant feedstock or petroleum refinery 
feedstock, where the feedstock is marketed to and used by a chemical 
plant or petroleum refinery as input feedstock. The combined weight of 
the chemical plant feedstock and petroleum refinery feedstock produced 
by the plastics/rubber recycling unit on a calendar quarter basis shall 
be more than 70 percent of the combined weight of the plastics, rubber, 
and rubber tires processed by the plastics/rubber recycling unit on a 
calendar quarter basis. The plastics, rubber, and/or rubber tire feed 
materials to the plastics/rubber recycling unit may originate from the 
separation or diversion of plastics, rubber, or rubber tires from MSW or 
industrial solid waste, and may include manufacturing scraps, trimmings, 
and off-specification plastics, rubber, and rubber tire discards. The 
plastics, rubber, and rubber tire feed materials to the plastics/rubber 
recycling unit may contain incidental contaminants (e.g., paper labels 
on plastic bottles, metal rings on plastic bottle caps, etc.).
    Potential hydrogen chloride emission concentration means the 
hydrogen chloride emission concentration that would occur from 
combustion of municipal solid waste in the absence of any emission 
controls for municipal waste combustor acid gases.
    Potential mercury emission concentration means the mercury emission 
concentration that would occur from combustion of municipal solid waste 
in the absence of any mercury emissions control.
    Potential sulfur dioxide emissions means the sulfur dioxide emission 
concentration that would occur from combustion of municipal solid waste 
in the absence of any emission controls for municipal waste combustor 
acid gases.
    Pulverized coal/refuse-derived fuel mixed fuel-fired combustor means 
a combustor that fires coal and refuse-derived fuel simultaneously, in 
which pulverized coal is introduced into an air stream that carries the 
coal to the combustion chamber of the unit where it is fired in 
suspension. This includes both conventional pulverized coal and 
micropulverized coal.
    Pyrolysis/combustion unit means a unit that produces gases, liquids, 
or solids through the heating of municipal solid waste, and the gases, 
liquids, or solids produced are combusted and emissions vented to the 
atmosphere.
    Reconstruction means rebuilding a municipal waste combustor unit for 
which the reconstruction commenced after June 19, 1996, and the 
cumulative costs of the construction over the life of the unit exceed 50 
percent of the original cost of construction and installation of the 
unit (not including any cost of land purchased in connection with such 
construction or installation) updated to current costs (current 
dollars).
    Refractory unit or refractory wall furnace means a combustion unit 
having no energy recovery (e.g., via a

[[Page 278]]

waterwall) in the furnace (i.e., radiant heat transfer section) of the 
combustor.
    Refuse-derived fuel means a type of municipal solid waste produced 
by processing municipal solid waste through shredding and size 
classification. This includes all classes of refuse-derived fuel 
including low-density fluff refuse-derived fuel through densified 
refuse-derived fuel and pelletized refuse-derived fuel.
    Refuse-derived fuel stoker means a steam generating unit that 
combusts refuse-derived fuel in a semisuspension firing mode using air-
fed distributors.
    Same location means the same or contiguous property that is under 
common ownership or control including properties that are separated only 
by a street, road, highway, or other public right-of-way. Common 
ownership or control includes properties that are owned, leased, or 
operated by the same entity, parent entity, subsidiary, subdivision, or 
any combination thereof including any municipality or other governmental 
unit, or any quasi-governmental authority (e.g., a public utility 
district or regional waste disposal authority).
    Second calendar half means the period starting July 1 and ending on 
December 31 in any year.
    Shift supervisor means the person who is in direct charge and 
control of the operation of a municipal waste combustor and who is 
responsible for onsite supervision, technical direction, management, and 
overall performance of the facility during an assigned shift.
    Spreader stoker coal/refuse-derived fuel mixed fuel-fired combustor 
means a combustor that fires coal and refuse-derived fuel 
simultaneously, in which coal is introduced to the combustion zone by a 
mechanism that throws the fuel onto a grate from above. Combustion takes 
place both in suspension and on the grate.
    Standard conditions means a temperature of 20 [deg]C and a pressure 
of 101.3 kilopascals.
    Total mass dioxin/furan or total mass means the total mass of tetra- 
through octa- chlorinated dibenzo-p-dioxins and dibenzofurans, as 
determined using EPA Reference Method 23 and the procedures specified 
under Sec.  60.58b(g).
    Tumbling-tile means a grate tile hinged at one end and attached to a 
ram at the other end. When the ram extends, the grate tile rotates 
around the hinged end.
    Twenty-four hour daily average or 24-hour daily average means either 
the arithmetic mean or geometric mean (as specified) of all hourly 
emission concentrations when the affected facility is operating and 
combusting municipal solid waste measured over a 24-hour period between 
12:00 midnight and the following midnight.
    Untreated lumber means wood or wood products that have been cut or 
shaped and include wet, air-dried, and kiln-dried wood products. 
Untreated lumber does not include wood products that have been painted, 
pigment-stained, or ``pressure-treated.'' Pressure-treating compounds 
include, but are not limited to, chromate copper arsenate, 
pentachlorophenol, and creosote.
    Waterwall furnace means a combustion unit having energy (heat) 
recovery in the furnace (i.e., radiant heat transfer section) of the 
combustor.
    Yard waste means grass, grass clippings, bushes, shrubs, and 
clippings from bushes and shrubs that are generated by residential, 
commercial/retail, institutional, and/or industrial sources as part of 
maintenance activities associated with yards or other private or public 
lands. Yard waste does not include construction, renovation, and 
demolition wastes, which are exempt from the definition of municipal 
solid waste in this section. Yard waste does not include clean wood, 
which is exempt from the definition of municipal solid waste in this 
section.

[60 FR 65419, Dec. 19, 1995, as amended at 62 FR 45121, 45126, Aug. 25, 
1997; 66 FR 36476, July 12, 2001; 71 FR 27335, May 10, 2006]



Sec.  60.52b  Standards for municipal waste combustor metals, acid
gases, organics, and nitrogen oxides.

    (a) The limits for municipal waste combustor metals are specified in 
paragraphs (a)(1) through (a)(5) of this section.
    (1) On and after the date on which the initial performance test is 
completed or is required to be completed under Sec.  60.8 of subpart A 
of this part, no

[[Page 279]]

owner or operator of an affected facility shall cause to be discharged 
into the atmosphere from that affected facility any gases that contain 
particulate matter in excess of the limits specified in paragraph 
(a)(1)(i) or (a)(1)(ii) of this section.
    (i) For affected facilities that commenced construction, 
modification, or reconstruction after September 20, 1994, and on or 
before December 19, 2005, the emission limit is 24 milligrams per dry 
standard cubic meter, corrected to 7 percent oxygen.
    (ii) For affected facilities that commenced construction, 
modification, or reconstruction after December 19, 2005, the emission 
limit is 20 milligrams per dry standard cubic meter, corrected to 7 
percent oxygen.
    (2) On and after the date on which the initial performance test is 
completed or is required to be completed under Sec.  60.8 of subpart A 
of this part, no owner or operator of an affected facility shall cause 
to be discharged into the atmosphere from that affected facility any 
gases that exhibit greater than 10 percent opacity (6-minute average).
    (3) On and after the date on which the initial performance test is 
completed or is required to be completed under Sec.  60.8 of subpart A 
of this part, no owner or operator of an affected facility shall cause 
to be discharged into the atmosphere from that affected facility any 
gases that contain cadmium in excess of the limits specified in 
paragraph (a)(3)(i) or (a)(3)(ii) of this section.
    (i) For affected facilities that commenced construction, 
modification, or reconstruction after September 20, 1994, and on or 
before December 19, 2005, the emission limit is 20 micrograms per dry 
standard cubic meter, corrected to 7 percent oxygen.
    (ii) For affected facilities that commenced construction, 
modification, or reconstruction after December 19, 2005, the emission 
limit is 10 micrograms per dry standard cubic meter, corrected to 7 
percent oxygen.
    (4) On and after the date on which the initial performance test is 
completed or is required to be completed under Sec.  60.8 of subpart A 
of this part, no owner or operator of an affected facility shall cause 
to be discharged into the atmosphere from the affected facility any 
gases that contain lead in excess of the limits specified in paragraph 
(a)(4)(i) or (a)(4)(ii) of this section.
    (i) For affected facilities that commenced construction, 
modification, or reconstruction after September 20, 1994, and on or 
before December 19, 2005, the emission limit is 200 micrograms per dry 
standard cubic meter, corrected to 7 percent oxygen.
    (ii) For affected facilities that commenced construction, 
modification, or reconstruction after December 19, 2005, the emission 
limit is 140 micrograms per dry standard cubic meter, corrected to 7 
percent oxygen.
    (5) On and after the date on which the initial performance test is 
completed or is required to be completed under Sec.  60.8 of subpart A 
of this part, no owner or operator of an affected facility shall cause 
to be discharged into the atmosphere from the affected facility any 
gases that contain mercury in excess of the limits specified in 
paragraph (a)(5)(i) or (a)(5)(ii) of this section.
    (i) For affected facilities that commenced construction, 
modification, or reconstruction after September 20, 1994 and on or 
before December 19, 2005, the emission limit is 80 micrograms per dry 
standard cubic meter or 15 percent of the potential mercury emission 
concentration (85-percent reduction by weight), corrected to 7 percent 
oxygen, whichever is less stringent.
    (ii) For affected facilities that commenced construction, 
modification, or reconstruction after December 19, 2005, the emission 
limit is 50 micrograms per dry standard cubic meter, or 15 percent of 
the potential mercury emission concentration (85-percent reduction by 
weight), corrected to 7 percent oxygen, whichever is less stringent.
    (b) The limits for municipal waste combustor acid gases are 
specified in paragraphs (b)(1) and (b)(2) of this section.
    (1) On and after the date on which the initial performance test is 
completed or is required to be completed under Sec.  60.8 of subpart A 
of this part, no owner or operator of an affected facility shall cause 
to be discharged into

[[Page 280]]

the atmosphere from that affected facility any gases that contain sulfur 
dioxide in excess of 30 parts per million by volume or 20 percent of the 
potential sulfur dioxide emission concentration (80-percent reduction by 
weight or volume), corrected to 7 percent oxygen (dry basis), whichever 
is less stringent. The averaging time is specified under Sec.  
60.58b(e).
    (2) On and after the date on which the initial performance test is 
completed or is required to be completed under Sec.  60.8 of subpart A 
of this part, no owner or operator of an affected facility shall cause 
to be discharged into the atmosphere from that affected facility any 
gases that contain hydrogen chloride in excess of 25 parts per million 
by volume or 5 percent of the potential hydrogen chloride emission 
concentration (95-percent reduction by weight or volume), corrected to 7 
percent oxygen (dry basis), whichever is less stringent.
    (c) The limits for municipal waste combustor organics are specified 
in paragraphs (c)(1) and (c)(2) of this section.
    (1) On and after the date on which the initial performance test is 
completed or is required to be completed under Sec.  60.8 of subpart A 
of this part, no owner or operator of an affected facility for which 
construction, modification or reconstruction commences on or before 
November 20, 1997 shall cause to be discharged into the atmosphere from 
that affected facility any gases that contain dioxin/furan emissions 
that exceed 30 nanograms per dry standard cubic meter (total mass), 
corrected to 7 percent oxygen, for the first 3 years following the date 
of initial startup. After the first 3 years following the date of 
initial startup, no owner or operator shall cause to be discharged into 
the atmosphere from that affected facility any gases that contain 
dioxin/furan total mass emissions that exceed 13 nanograms per dry 
standard cubic meter (total mass), corrected to 7 percent oxygen.
    (2) On and after the date on which the initial performance test is 
completed or is required to be completed under Sec.  60.8 of subpart A 
of this part, no owner or operator of an affected facility for which 
construction, modification, or reconstruction commences after November 
20, 1997 shall cause to be discharged into the atmosphere from that 
affected facility any gases that contain dioxin/furan total mass 
emissions that exceed 13 nanograms per dry standard cubic meter (total 
mass), corrected to 7 percent oxygen.
    (d) The limits for nitrogen oxides are specified in paragraphs 
(d)(1) and (d)(2) of this section.
    (1) During the first year of operation after the date on which the 
initial performance test is completed or is required to be completed 
under Sec.  60.8 of subpart A of this part, no owner or operator of an 
affected facility shall cause to be discharged into the atmosphere from 
that affected facility any gases that contain nitrogen oxides in excess 
of 180 parts per million by volume, corrected to 7 percent oxygen (dry 
basis). The averaging time is specified under Sec.  60.58b(h).
    (2) After the first year of operation following the date on which 
the initial performance test is completed or is required to be completed 
under Sec.  60.8 of subpart A of this part, no owner or operator of an 
affected facility shall cause to be discharged into the atmosphere from 
that affected facility any gases that contain nitrogen oxides in excess 
of 150 parts per million by volume, corrected to 7 percent oxygen (dry 
basis). The averaging time is specified under Sec.  60.58b(h).

[60 FR 65419, Dec. 19, 1995, as amended at 62 FR 45121, 45126, Aug. 25, 
1997; 71 FR 27336, May 10, 2006]



Sec.  60.53b  Standards for municipal waste combustor operating practices.

    (a) On and after the date on which the initial performance test is 
completed or is required to be completed under Sec.  60.8 of subpart A 
of this part, no owner or operator of an affected facility shall cause 
to be discharged into the atmosphere from that affected facility any 
gases that contain carbon monoxide in excess of the emission limits 
specified in table 1 of this subpart.

[[Page 281]]



         Table 1--Municipal Waste Combustor Operating Standards
------------------------------------------------------------------------
                                       Carbon monoxide
                                       emission limit
Municipal waste combustor technology     (parts per      Averaging time
                                         million by        (hours) \b\
                                         volume) \a\
------------------------------------------------------------------------
Mass burn waterwall.................               100                 4
Mass burn refractory................               100                 4
Mass burn rotary waterwall..........               100                24
Modular starved air.................                50                 4
Modular excess air..................                50                 4
Refuse-derived fuel stoker..........               150                24
Bubbling fluidized bed combustor....               100                 4
Circulating fluidized bed combustor.               100                 4
Pulverized coal/refuse-derived fuel                150                 4
 mixed fuel-fired combustor.........
Spreader stoker coal/refuse-derived                150                24
 fuel mixed fuel-fired combustor....
------------------------------------------------------------------------
\a\ Measured at the combustor outlet in conjunction with a measurement
  of oxygen concentration, corrected to 7 percent oxygen (dry basis).
  The averaging times are specified in greater detail in Sec.
  60.58b(i).
\b\ Averaging times are 4-hour or 24-hour block averages.

    (b) No owner or operator of an affected facility shall cause such 
facility to operate at a load level greater than 110 percent of the 
maximum demonstrated municipal waste combustor unit load as defined in 
Sec.  60.51b, except as specified in paragraphs (b)(1) and (b)(2) of 
this section. The averaging time is specified under Sec.  60.58b(i).
    (1) During the annual dioxin/furan or mercury performance test and 
the 2 weeks preceding the annual dioxin/furan or mercury performance 
test, no municipal waste combustor unit load limit is applicable if the 
provisions of paragraph (b)(2) of this section are met.
    (2) The municipal waste combustor unit load limit may be waived in 
writing by the Administrator for the purpose of evaluating system 
performance, testing new technology or control technologies, diagnostic 
testing, or related activities for the purpose of improving facility 
performance or advancing the state-of-the-art for controlling facility 
emissions. The municipal waste combustor unit load limit continues to 
apply, and remains enforceable, until and unless the Administrator 
grants the waiver.
    (c) No owner or operator of an affected facility shall cause such 
facility to operate at a temperature, measured at the particulate matter 
control device inlet, exceeding 17 [deg]C above the maximum demonstrated 
particulate matter control device temperature as defined in Sec.  
60.51b, except as specified in paragraphs (c)(1) and (c)(2) of this 
section. The averaging time is specified under Sec.  60.58b(i). The 
requirements specified in this paragraph apply to each particulate 
matter control device utilized at the affected facility.
    (1) During the annual dioxin/furan or mercury performance test and 
the 2 weeks preceding the annual dioxin/furan or mercury performance 
test, no particulate matter control device temperature limitations are 
applicable if the provisions of paragraph (b)(2) of this section are 
met.
    (2) The particulate matter control device temperature limits may be 
waived in writing by the Administrator for the purpose of evaluating 
system performance, testing new technology or control technologies, 
diagnostic testing, or related activities for the purpose of improving 
facility performance or advancing the state-of-the-art for controlling 
facility emissions. The temperature limits continue to apply, and remain 
enforceable, until and unless the Administrator grants the waiver.
    (d) Paragraph (m)(2) of Sec.  60.58b addresses treatment of 
activated carbon injection rate during dioxin/furan or mercury testing.

[60 FR 65419, Dec. 19, 1995, as amended at 62 FR 45126, Aug. 25, 1997; 
71 FR 27336, May 10, 2006]



Sec.  60.54b  Standards for municipal waste combustor operator training
and certification.

    (a) No later than the date 6 months after the date of startup of an 
affected facility or on December 19, 1996, whichever is later, each 
chief facility operator and shift supervisor shall obtain

[[Page 282]]

and maintain a current provisional operator certification from either 
the American Society of Mechanical Engineers [QRO-1-1994 (incorporated 
by reference--see Sec.  60.17 of subpart A of this part)] or a State 
certification program.
    (b) Not later than the date 6 months after the date of startup of an 
affected facility or on December 19, 1996, whichever is later, each 
chief facility operator and shift supervisor shall have completed full 
certification or shall have scheduled a full certification exam with 
either the American Society of Mechanical Engineers [QRO-1-1994 
(incorporated by reference--see Sec.  60.17 of subpart A of this part)] 
or a State certification program.
    (c) No owner or operator of an affected facility shall allow the 
facility to be operated at any time unless one of the following persons 
is on duty and at the affected facility: A fully certified chief 
facility operator, a provisionally certified chief facility operator who 
is scheduled to take the full certification exam according to the 
schedule specified in paragraph (b) of this section, a fully certified 
shift supervisor, or a provisionally certified shift supervisor who is 
scheduled to take the full certification exam according to the schedule 
specified in paragraph (b) of this section.
    (1) The requirement specified in paragraph (c) of this section shall 
take effect 6 months after the date of startup of the affected facility 
or on December 19, 1996, whichever is later.
    (2) If both the certified chief facility operator and certified 
shift supervisor are unavailable, a provisionally certified control room 
operator on site at the municipal waste combustion unit may fulfill the 
certified operator requirement. Depending on the length of time that a 
certified chief facility operator and certified shift supervisor are 
away, the owner or operator of the affected facility must meet one of 
three criteria:
    (i) When the certified chief facility operator and certified shift 
supervisor are both off site for 12 hours or less, and no other 
certified operator is on site, the provisionally certified control room 
operator may perform the duties of the certified chief facility operator 
or certified shift supervisor.
    (ii) When the certified chief facility operator and certified shift 
supervisor are off site for more than 12 hours, but for two weeks or 
less, and no other certified operator is on site, the provisionally 
certified control room operator may perform the duties of the certified 
chief facility operator or certified shift supervisor without notice to, 
or approval by, the Administrator. However, the owner or operator of the 
affected facility must record the period when the certified chief 
facility operator and certified shift supervisor are off site and 
include that information in the annual report as specified under Sec.  
60.59b(g)(5).
    (iii) When the certified chief facility operator and certified shift 
supervisor are off site for more than two weeks, and no other certified 
operator is on site, the provisionally certified control room operator 
may perform the duties of the certified chief facility operator or 
certified shift supervisor without approval by the Administrator. 
However, the owner or operator of the affected facility must take two 
actions:
    (A) Notify the Administrator in writing. In the notice, state what 
caused the absence and what actions are being taken by the owner or 
operator of the facility to ensure that a certified chief facility 
operator or certified shift supervisor is on site as expeditiously as 
practicable.
    (B) Submit a status report and corrective action summary to the 
Administrator every four weeks following the initial notification. If 
the Administrator provides notice that the status report or corrective 
action summary is disapproved, the municipal waste combustion unit may 
continue operation for 90 days, but then must cease operation. If 
corrective actions are taken in the 90-day period such that the 
Administrator withdraws the disapproval, municipal waste combustion unit 
operation may continue.
    (3) A provisionally certified operator who is newly promoted or 
recently transferred to a shift supervisor position or a chief facility 
operator position at the municipal waste combustion unit may perform the 
duties of the certified chief facility operator or certified shift 
supervisor without notice to, or approval by, the Administrator

[[Page 283]]

for up to six months before taking the ASME QRO certification exam.
    (d) All chief facility operators, shift supervisors, and control 
room operators at affected facilities must complete the EPA or State 
municipal waste combustor operator training course no later than the 
date 6 months after the date of startup of the affected facility or by 
December 19, 1996, whichever is later.
    (e) The owner or operator of an affected facility shall develop and 
update on a yearly basis a site-specific operating manual that shall, at 
a minimum, address the elements of municipal waste combustor unit 
operation specified in paragraphs (e)(1) through (e)(11) of this 
section.
    (1) A summary of the applicable standards under this subpart;
    (2) A description of basic combustion theory applicable to a 
municipal waste combustor unit;
    (3) Procedures for receiving, handling, and feeding municipal solid 
waste;
    (4) Municipal waste combustor unit startup, shutdown, and 
malfunction procedures;
    (5) Procedures for maintaining proper combustion air supply levels;
    (6) Procedures for operating the municipal waste combustor unit 
within the standards established under this subpart;
    (7) Procedures for responding to periodic upset or off-specification 
conditions;
    (8) Procedures for minimizing particulate matter carryover;
    (9) Procedures for handling ash;
    (10) Procedures for monitoring municipal waste combustor unit 
emissions; and
    (11) Reporting and recordkeeping procedures.
    (f) The owner or operator of an affected facility shall establish a 
training program to review the operating manual according to the 
schedule specified in paragraphs (f)(1) and (f)(2) of this section with 
each person who has responsibilities affecting the operation of an 
affected facility including, but not limited to, chief facility 
operators, shift supervisors, control room operators, ash handlers, 
maintenance personnel, and crane/load handlers.
    (1) Each person specified in paragraph (f) of this section shall 
undergo initial training no later than the date specified in paragraph 
(f)(1)(i), (f)(1)(ii), or (f)(1)(iii) of this section whichever is 
later.
    (i) The date 6 months after the date of startup of the affected 
facility;
    (ii) The date prior to the day the person assumes responsibilities 
affecting municipal waste combustor unit operation; or
    (iii) December 19, 1996.
    (2) Annually, following the initial review required by paragraph 
(f)(1) of this section.
    (g) The operating manual required by paragraph (e) of this section 
shall be kept in a readily accessible location for all persons required 
to undergo training under paragraph (f) of this section. The operating 
manual and records of training shall be available for inspection by the 
EPA or its delegated enforcement agency upon request.

[60 FR 65419, Dec. 19, 1995, as amended at 62 FR 45126, Aug. 25, 1997; 
71 FR 27337, May 10, 2006]



Sec.  60.55b  Standards for municipal waste combustor fugitive ash
emissions.

    (a) On and after the date on which the initial performance test is 
completed or is required to be completed under Sec.  60.8 of subpart A 
of this part, no owner or operator of an affected facility shall cause 
to be discharged to the atmosphere visible emissions of combustion ash 
from an ash conveying system (including conveyor transfer points) in 
excess of 5 percent of the observation period (i.e., 9 minutes per 3-
hour period), as determined by EPA Reference Method 22 observations as 
specified in Sec.  60.58b(k), except as provided in paragraphs (b) and 
(c) of this section.
    (b) The emission limit specified in paragraph (a) of this section 
does not cover visible emissions discharged inside buildings or 
enclosures of ash conveying systems; however, the emission limit 
specified in paragraph (a) of this section does cover visible emissions 
discharged to the atmosphere from buildings or enclosures of ash 
conveying systems.

[[Page 284]]

    (c) The provisions specified in paragraph (a) of this section do not 
apply during maintenance and repair of ash conveying systems.

[60 FR 65419, Dec. 19, 1995, as amended at 62 FR 45126, Aug. 25, 1997]



Sec.  60.56b  Standards for air curtain incinerators.

    On and after the date on which the initial performance test is 
completed or is required to be completed under Sec.  60.8 of subpart A 
of this part, the owner or operator of an air curtain incinerator with 
the capacity to combust greater than 250 tons per day of municipal solid 
waste and that combusts a fuel feed stream composed of 100 percent yard 
waste and no other municipal solid waste materials shall at no time 
cause to be discharged into the atmosphere from that incinerator any 
gases that exhibit greater than 10-percent opacity (6-minute average), 
except that an opacity level of up to 35 percent (6-minute average) is 
permitted during startup periods during the first 30 minutes of 
operation of the unit.

[60 FR 65419, Dec. 19, 1995, as amended at 62 FR 45126, Aug. 25, 1997]



Sec.  60.57b  Siting requirements.

    (a) The owner or operator of an affected facility shall prepare a 
materials separation plan, as defined in Sec.  60.51b, for the affected 
facility and its service area, and shall comply with the requirements 
specified in paragraphs (a)(1) through (a)(10) of this section. The 
initial application is defined as representing a good faith submittal as 
determined by EPA.
    (1) The owner or operator shall prepare a preliminary draft 
materials separation plan and shall make the plan available to the 
public as specified in paragraphs (a)(1)(i) and (a)(1)(ii) of this 
section.
    (i) The owner or operator shall distribute the preliminary draft 
materials separation plan to the principal public libraries in the area 
where the affected facility is to be constructed.
    (ii) The owner or operator shall publish a notification of a public 
meeting in the principal newspaper(s) serving the area where the 
affected facility is to be constructed and where the waste treated by 
the affected facility will primarily be collected. As a minimum, the 
notification shall include the information specified in paragraphs 
(a)(1)(ii)(A) through (a)(1)(ii)(D) of this section.
    (A) The date, time, and location of the public meeting.
    (B) The location of the public libraries where the preliminary draft 
materials separation plan may be found, including normal business hours 
of the libraries.
    (C) An agenda of the issues to be discussed at the public meeting.
    (D) The dates that the public comment period on the preliminary 
draft materials separation plan begins and ends.
    (2) The owner or operator shall conduct a public meeting, accept 
comments on the preliminary draft materials separation plan, and comply 
with the requirements specified in paragraphs (a)(2)(i) through 
(a)(2)(iv) of this section.
    (i) The public meeting shall be conducted in the county where the 
affected facility is to be located.
    (ii) The public meeting shall be scheduled to occur 30 days or more 
after making the preliminary draft materials separation plan available 
to the public as specified under paragraph (a)(1) of this section.
    (iii) Suggested issues to be addressed at the public meeting are 
listed in paragraphs (a)(2)(iii)(A) through (a)(2)(iii)(H) of this 
section.
    (A) The expected size of the service area for the affected facility.
    (B) The amount of waste generation anticipated for the service area.
    (C) The types and estimated amounts of materials proposed for 
separation.
    (D) The methods proposed for materials separation.
    (E) The amount of residual waste to be disposed.
    (F) Alternate disposal methods for handling the residual waste.
    (G) Identification of the location(s) where responses to public 
comment on the preliminary draft materials separation plan will be 
available for inspection, as specified in paragraphs (a)(3) and (a)(4) 
of this section.

[[Page 285]]

    (H) Identification of the locations where the final draft materials 
separation plan will be available for inspection, as specified in 
paragraph (a)(7).
    (iv) Nothing in this section shall preclude an owner or operator 
from combining this public meeting with any other public meeting 
required as part of any other Federal, State, or local permit review 
process except the public meeting required under paragraph (b)(4) of 
this section.
    (3) Following the public meeting required by paragraph (a)(2) of 
this section, the owner or operator shall prepare responses to the 
comments received at the public meeting.
    (4) The owner or operator shall make the document summarizing 
responses to public comments available to the public (including 
distribution to the principal public libraries used to announce the 
meeting) in the service area where the affected facility is to be 
located.
    (5) The owner or operator shall prepare a final draft materials 
separation plan for the affected facility considering the public 
comments received at the public meeting.
    (6) As required under Sec.  60.59b(a), the owner or operator shall 
submit to EPA a copy of the notification of the public meeting, a 
transcript of the public meeting, the document summarizing responses to 
public comments, and copies of both the preliminary and final draft 
materials separation plans on or before the time the facility's 
application for a construction permit is submitted under 40 CFR part 51, 
subpart I, or part 52, as applicable.
    (7) As part of the distribution of the siting analysis required 
under paragraph (b)(3) of this section, the owner or operator shall make 
the final draft materials separation plan required under paragraph 
(a)(5) of this section available to the public, as specified in 
paragraph (b)(3) of this section.
    (8) As part of the public meeting for review of the siting analysis 
required under paragraph (b)(4) of this section, the owner or operator 
shall address questions concerning the final draft materials separation 
plan required by paragraph (a)(5) of this section including discussion 
of how the final draft materials separation plan has changed from the 
preliminary draft materials separation plan that was discussed at the 
first public meeting required by paragraph (a)(2) of this section.
    (9) If the owner or operator receives any comments on the final 
draft materials separation plan during the public meeting required in 
paragraph (b)(4) of this section, the owner or operator shall respond to 
those comments in the document prepared in accordance with paragraph 
(b)(5) of this section.
    (10) The owner or operator shall prepare a final materials 
separation plan and shall submit, as required under Sec.  
60.59b(b)(5)(ii), the final materials separation plan as part of the 
initial notification of construction.
    (b) The owner or operator of an affected facility for which the 
initial application for a construction permit under 40 CFR part 51, 
subpart I, or part 52, as applicable, is submitted after December 19, 
1995 shall prepare a siting analysis in accordance with paragraphs 
(b)(1) and (b)(2) of this section and shall comply with the requirements 
specified in paragraphs (b)(3) through (b)(7) of this section.
    (1) The siting analysis shall be an analysis of the impact of the 
affected facility on ambient air quality, visibility, soils, and 
vegetation.
    (2) The analysis shall consider air pollution control alternatives 
that minimize, on a site-specific basis, to the maximum extent 
practicable, potential risks to the public health or the environment.
    (3) The owner or operator shall make the siting analysis and final 
draft materials separation plan required by paragraph (a)(5) of this 
section available to the public as specified in paragraphs (b)(3)(i) and 
(b)(3)(ii) of this section.
    (i) The owner or operator shall distribute the siting analysis and 
final draft materials separation plan to the principal public libraries 
in the area where the affected facility is to be constructed.
    (ii) The owner or operator shall publish a notification of a public 
meeting in the principal newspaper(s) serving the area where the 
affected facility is to be constructed and where the waste treated by 
the affected facility will primarily be collected. As a minimum,

[[Page 286]]

the notification shall include the information specified in paragraphs 
(b)(3)(ii)(A) through (b)(3)(ii)(D) of this section.
    (A) The date, time, and location of the public meeting.
    (B) The location of the public libraries where the siting analyses 
and final draft materials separation plan may be found, including normal 
business hours.
    (C) An agenda of the issues to be discussed at the public meeting.
    (D) The dates that the public comment period on the siting analyses 
and final draft materials separation plan begins and ends.
    (4) The owner or operator shall conduct a public meeting and accept 
comments on the siting analysis and the final draft materials separation 
plan required under paragraph (a)(5) of this section. The public meeting 
shall be conducted in the county where the affected facility is to be 
located and shall be scheduled to occur 30 days or more after making the 
siting analysis available to the public as specified under paragraph 
(b)(3) of this section.
    (5) The owner or operator shall prepare responses to the comments on 
the siting analysis and the final draft materials separation plan that 
are received at the public meeting.
    (6) The owner or operator shall make the document summarizing 
responses to public comments available to the public (including 
distribution to all public libraries) in the service area where the 
affected facility is to be located.
    (7) As required under Sec.  60.59b(b)(5), the owner or operator 
shall submit a copy of the notification of the public meeting, a 
transcript of the public meeting, the document summarizing responses to 
public comments, and the siting analysis as part of the initial 
notification of construction.
    (c) The owner or operator of an affected facility for which 
construction is commenced after September 20, 1994 shall prepare a 
siting analysis in accordance with 40 CFR part 51, subpart I, or part 
52, as applicable, and shall submit the siting analysis as part of the 
initial notification of construction. Affected facilities subject to 
paragraphs (a) and (b) of this section are not subject to this 
paragraph.

[60 FR 65419, Dec. 19, 1995, as amended at 62 FR 45126, Aug. 25, 1997; 
71 FR 27337, May 10, 2006]



Sec.  60.58b  Compliance and performance testing.

    (a) The provisions for startup, shutdown, and malfunction are 
provided in paragraphs (a)(1) and (a)(2) of this section.
    (1) Except as provided by Sec.  60.56b, the standards under this 
subpart apply at all times except during periods of startup, shutdown, 
and malfunction. Duration of startup, shutdown, or malfunction periods 
are limited to 3 hours per occurrence, except as provided in paragraph 
(a)(1)(iii) of this section. During periods of startup, shutdown, or 
malfunction, monitoring data shall be dismissed or excluded from 
compliance calculations, but shall be recorded and reported in 
accordance with the provisions of 40 CFR 60.59b(d)(7).
    (i) The startup period commences when the affected facility begins 
the continuous burning of municipal solid waste and does not include any 
warmup period when the affected facility is combusting fossil fuel or 
other nonmunicipal solid waste fuel, and no municipal solid waste is 
being fed to the combustor.
    (ii) Continuous burning is the continuous, semicontinuous, or batch 
feeding of municipal solid waste for purposes of waste disposal, energy 
production, or providing heat to the combustion system in preparation 
for waste disposal or energy production. The use of municipal solid 
waste solely to provide thermal protection of the grate or hearth during 
the startup period when municipal solid waste is not being fed to the 
grate is not considered to be continuous burning.
    (iii) For the purpose of compliance with the carbon monoxide 
emission limits in Sec.  60.53b(a), if a loss of boiler water level 
control (e.g., boiler waterwall tube failure) or a loss of combustion 
air control (e.g., loss of combustion air fan, induced draft fan, 
combustion grate bar failure) is determined to be a malfunction, the 
duration of the malfunction period is limited to 15 hours per 
occurrence. During

[[Page 287]]

such periods of malfunction, monitoring data shall be dismissed or 
excluded from compliance calculations, but shall be recorded and 
reported in accordance with the provisions of Sec.  60.59b(d)(7).
    (2) The opacity limits for air curtain incinerators specified in 
Sec.  60.56b apply at all times as specified under Sec.  60.56b except 
during periods of malfunction. Duration of malfunction periods are 
limited to 3 hours per occurrence.
    (b) The owner or operator of an affected facility shall install, 
calibrate, maintain, and operate a continuous emission monitoring system 
for measuring the oxygen or carbon dioxide content of the flue gas at 
each location where carbon monoxide, sulfur dioxide, nitrogen oxides 
emissions, or particulate matter (if the owner or operator elects to 
continuously monitor emissions under paragraph (n) of this section) are 
monitored and record the output of the system and shall comply with the 
test procedures and test methods specified in paragraphs (b)(1) through 
(b)(8) of this section.
    (1) The span value of the oxygen (or 20 percent carbon dioxide) 
monitor shall be 25 percent oxygen (or 20 percent carbon dioxide).
    (2) The monitor shall be installed, evaluated, and operated in 
accordance with Sec.  60.13 of subpart A of this part.
    (3) The initial performance evaluation shall be completed no later 
than 180 days after the date of initial startup of the affected 
facility, as specified under Sec.  60.8 of subpart A of this part.
    (4) The monitor shall conform to Performance Specification 3 in 
appendix B of this part except for section 2.3 (relative accuracy 
requirement).
    (5) The quality assurance procedures of appendix F of this part 
except for section 5.1.1 (relative accuracy test audit) shall apply to 
the monitor.
    (6) If carbon dioxide is selected for use in diluent corrections, 
the relationship between oxygen and carbon dioxide levels shall be 
established during the initial performance test according to the 
procedures and methods specified in paragraphs (b)(6)(i) through 
(b)(6)(iv) of this section. This relationship may be reestablished 
during performance compliance tests.
    (i) The fuel factor equation in Method 3B shall be used to determine 
the relationship between oxygen and carbon dioxide at a sampling 
location. Method 3, 3A, or 3B, or as an alternative ASME PTC-19-10-
1981--part10, as applicable, shall be used to determine the oxygen 
concentration at the same location as the carbon dioxide monitor.
    (ii) Samples shall be taken for at least 30 minutes in each hour.
    (iii) Each sample shall represent a 1-hour average.
    (iv) A minimum of three runs shall be performed.
    (7) The relationship between carbon dioxide and oxygen 
concentrations that is established in accordance with paragraph (b)(6) 
of this section shall be submitted to EPA as part of the initial 
performance test report and, if applicable, as part of the annual test 
report if the relationship is reestablished during the annual 
performance test.
    (8) During a loss of boiler water level control or loss of 
combustion air control malfunction period as specified in paragraph 
(a)(1)(iii) of this section, a diluent cap of 14 percent for oxygen or 5 
percent for carbon dioxide may be used in the emissions calculations for 
sulfur dioxide and nitrogen oxides.
    (c) Except as provided in paragraph (c)(10) of this section, the 
procedures and test methods specified in paragraphs (c)(1) through 
(c)(11) of this section shall be used to determine compliance with the 
emission limits for particulate matter and opacity under Sec.  
60.52b(a)(1) and (a)(2).
    (1) The EPA Reference Method 1 shall be used to select sampling site 
and number of traverse points.
    (2) The EPA Reference Method 3, 3A or 3B, or as an alternative ASME 
PTC-19-10-1981--part10, as applicable, shall be used for gas analysis.
    (3) EPA Reference Method 5 shall be used for determining compliance 
with the particulate matter emission limit. The minimum sample volume 
shall be 1.7 cubic meters. The probe and filter holder heating systems 
in the sample train shall be set to provide a gas temperature no greater 
than 160 [deg]C. An oxygen or carbon dioxide measurement shall be 
obtained simultaneously with each Method 5 run.

[[Page 288]]

    (4) The owner or operator of an affected facility may request that 
compliance with the particulate matter emission limit be determined 
using carbon dioxide measurements corrected to an equivalent of 7 
percent oxygen. The relationship between oxygen and carbon dioxide 
levels for the affected facility shall be established as specified in 
paragraph (b)(6) of this section.
    (5) As specified under Sec.  60.8 of subpart A of this part, all 
performance tests shall consist of three test runs. The average of the 
particulate matter emission concentrations from the three test runs is 
used to determine compliance.
    (6) In accordance with paragraphs (c)(7) and (c)(11) of this 
section, EPA Reference Method 9 shall be used for determining compliance 
with the opacity limit except as provided under Sec.  60.11(e) of 
subpart A of this part.
    (7) The owner or operator of an affected facility shall conduct an 
initial performance test for particulate matter emissions and opacity as 
required under Sec.  60.8 of subpart A of this part.
    (8) The owner or operator of an affected facility shall install, 
calibrate, maintain, and operate a continuous opacity monitoring system 
for measuring opacity and shall follow the methods and procedures 
specified in paragraphs (c)(8)(i) through (c)(8)(iv) of this section.
    (i) The output of the continuous opacity monitoring system shall be 
recorded on a 6-minute average basis.
    (ii) The continuous opacity monitoring system shall be installed, 
evaluated, and operated in accordance with Sec.  60.13 of subpart A of 
this part.
    (iii) The continuous opacity monitoring system shall conform to 
Performance Specification 1 in appendix B of this part.
    (iv) The initial performance evaluation shall be completed no later 
than 180 days after the date of the initial startup of the municipal 
waste combustor unit, as specified under Sec.  60.8 of subpart A of this 
part.
    (9) Following the date that the initial performance test for 
particulate matter is completed or is required to be completed under 
Sec.  60.8 of subpart A of this part for an affected facility, the owner 
or operator shall conduct a performance test for particulate matter on a 
calendar year basis (no less than 9 calendar months and no more than 15 
calendar months following the previous performance test; and must 
complete five performance tests in each 5-year calendar period).
    (10) In place of particulate matter testing with EPA Reference 
Method 5, an owner or operator may elect to install, calibrate, 
maintain, and operate a continuous emission monitoring system for 
monitoring particulate matter emissions discharged to the atmosphere and 
record the output of the system. The owner or operator of an affected 
facility who elects to continuously monitor particulate matter emissions 
instead of conducting performance testing using EPA Method 5 shall 
install, calibrate, maintain, and operate a continuous emission 
monitoring system and shall comply with the requirements specified in 
paragraphs (c)(10)(i) through (c)(10)(xiv) of this section. The owner or 
operator who elects to continuously monitor particulate matter emissions 
instead of conducting performance testing using EPA Method 5 is not 
required to complete performance testing for particulate matter as 
specified in paragraph (c)(9) of this section and is not required to 
continuously monitor opacity as specified in paragraph (c)(8) of this 
section.
    (i) Notify the Administrator one month before starting use of the 
system.
    (ii) Notify the Administrator one month before stopping use of the 
system.
    (iii) The monitor shall be installed, evaluated, and operated in 
accordance with Sec.  60.13 of subpart A of this part.
    (iv) The initial performance evaluation shall be completed no later 
than 180 days after the date of initial startup of the affected 
facility, as specified under Sec.  60.8 of subpart A of this part or 
within 180 days of notification to the Administrator of use of the 
continuous monitoring system if the owner or operator was previously 
determining compliance by Method 5 performance tests, whichever is 
later.
    (v) The owner or operator of an affected facility may request that 
compliance with the particulate matter emission limit be determined 
using

[[Page 289]]

carbon dioxide measurements corrected to an equivalent of 7 percent 
oxygen. The relationship between oxygen and carbon dioxide levels for 
the affected facility shall be established as specified in paragraph 
(b)(6) of this section.
    (vi) The owner or operator of an affected facility shall conduct an 
initial performance test for particulate matter emissions as required 
under Sec.  60.8 of subpart A of this part. Compliance with the 
particulate matter emission limit shall be determined by using the 
continuous emission monitoring system specified in paragraph (c)(10) of 
this section to measure particulate matter and calculating a 24-hour 
block arithmetic average emission concentration using EPA Reference 
Method 19, section 12.4.1.
    (vii) Compliance with the particulate matter emission limit shall be 
determined based on the 24-hour daily (block) average of the hourly 
arithmetic average emission concentrations using continuous emission 
monitoring system outlet data.
    (viii) After April 28, 2008, at a minimum, valid continuous 
monitoring system hourly averages shall be obtained as specified in 
paragraphs (c)(10)(viii)(A) and (c)(10)(viii)(B) for at least 90 percent 
of the operating hours per calendar quarter and 95 percent of the 
operating hours per calendar year that the affected facility is 
combusting municipal solid waste.
    (A) At least two data points per hour shall be used to calculate 
each 1-hour arithmetic average.
    (B) Each particulate matter 1-hour arithmetic average shall be 
corrected to 7 percent oxygen on an hourly basis using the 1-hour 
arithmetic average of the oxygen (or carbon dioxide) continuous emission 
monitoring system data.
    (ix) The 1-hour arithmetic averages required under paragraph 
(c)(10)(vii) of this section shall be expressed in milligrams per dry 
standard cubic meter corrected to 7 percent oxygen (dry basis) and shall 
be used to calculate the 24-hour daily arithmetic average emission 
concentrations. The 1-hour arithmetic averages shall be calculated using 
the data points required under Sec.  60.13(e)(2) of subpart A of this 
part.
    (x) All valid continuous emission monitoring system data shall be 
used in calculating average emission concentrations even if the minimum 
continuous emission monitoring system data requirements of paragraph 
(c)(10)(viii) of this section are not met.
    (xi) The continuous emission monitoring system shall be operated 
according to Performance Specification 11 in appendix B of this part.
    (xii) During each relative accuracy test run of the continuous 
emission monitoring system required by Performance Specification 11 in 
appendix B of this part, particulate matter and oxygen (or carbon 
dioxide) data shall be collected concurrently (or within a 30- to 60-
minute period) by both the continuous emission monitors and the test 
methods specified in paragraphs (c)(10)(xii)(A) and (c)(10)(xii)(B) of 
this section.
    (A) For particulate matter, EPA Reference Method 5 shall be used.
    (B) For oxygen (or carbon dioxide), EPA Reference Method 3, 3A, or 
3B, as applicable shall be used.
    (xiii) Quarterly accuracy determinations and daily calibration drift 
tests shall be performed in accordance with procedure 2 in appendix F of 
this part.
    (xiv) When particulate matter emissions data are not obtained 
because of continuous emission monitoring system breakdowns, repairs, 
calibration checks, and zero and span adjustments, emissions data shall 
be obtained by using other monitoring systems as approved by the 
Administrator or EPA Reference Method 19 to provide, as necessary, valid 
emissions data for a minimum of 90 percent of the hours per calendar 
quarter and 95 percent of the hours per calendar year that the affected 
facility is operated and combusting municipal solid waste.
    (11) Following the date that the initial performance test for 
opacity is completed or is required to be completed under Sec.  60.8 of 
subpart A of this part for an affected facility, the owner or operator 
shall conduct a performance test for opacity on an annual basis (no less 
than 9 calendar months and no more than 15 calendar months following the 
previous performance

[[Page 290]]

test; and must complete five performance tests in each 5-year calendar 
period) using the test method specified in paragraph (c)(6) of this 
section.
    (d) The procedures and test methods specified in paragraphs (d)(1) 
and (d)(2) of this section shall be used to determine compliance with 
the emission limits for cadmium, lead, and mercury under Sec.  
60.52b(a).
    (1) The procedures and test methods specified in paragraphs 
(d)(1)(i) through (d)(1)(ix) of this section shall be used to determine 
compliance with the emission limits for cadmium and lead under Sec.  
60.52b(a) (3) and (4).
    (i) The EPA Reference Method 1 shall be used for determining the 
location and number of sampling points.
    (ii) The EPA Reference Method 3, 3A, or 3B, or as an alternative 
ASME PTC-19-10-1981--part10, as applicable, shall be used for flue gas 
analysis.
    (iii) The EPA Reference Method 29 shall be used for determining 
compliance with the cadmium and lead emission limits.
    (iv) An oxygen or carbon dioxide measurement shall be obtained 
simultaneously with each Method 29 test run for cadmium and lead 
required under paragraph (d)(1)(iii) of this section.
    (v) The owner or operator of an affected facility may request that 
compliance with the cadmium or lead emission limit be determined using 
carbon dioxide measurements corrected to an equivalent of 7 percent 
oxygen. The relationship between oxygen and carbon dioxide levels for 
the affected facility shall be established as specified in paragraph 
(b)(6) of this section.
    (vi) All performance tests shall consist of a minimum of three test 
runs conducted under representative full load operating conditions. The 
average of the cadmium or lead emission concentrations from three test 
runs or more shall be used to determine compliance.
    (vii) Following the date of the initial performance test or the date 
on which the initial performance test is required to be completed under 
Sec.  60.8 of subpart A of this part, the owner or operator of an 
affected facility shall conduct a performance test for compliance with 
the emission limits for cadmium and lead on a calendar year basis (no 
less than 9 calendar months and no more than 15 calendar months 
following the previous performance test; and must complete five 
performance tests in each 5-year calendar period).
    (viii)-(ix) [Reserved]
    (2) The procedures and test methods specified in paragraphs 
(d)(2)(i) through (d)(2)(xi) of this section shall be used to determine 
compliance with the mercury emission limit under Sec.  60.52b(a)(5).
    (i) The EPA Reference Method 1 shall be used for determining the 
location and number of sampling points.
    (ii) The EPA Reference Method 3, 3A, or 3B, or as an alternative 
ASME PTC-19-10-1981--part10, as applicable, shall be used for flue gas 
analysis.
    (iii) The EPA Reference Method 29 or as an alternative ASTM D6784-02 
shall be used to determine the mercury emission concentration. The 
minimum sample volume when using Method 29 as an alternative ASTM D6784-
02 for mercury shall be 1.7 cubic meters.
    (iv) An oxygen (or carbon dioxide) measurement shall be obtained 
simultaneously with each Method 29 or as an alternative ASTM D6784-02 
test run for mercury required under paragraph (d)(2)(iii) of this 
section.
    (v) The percent reduction in the potential mercury emissions (%PHg) 
is computed using equation 1:
[GRAPHIC] [TIFF OMITTED] TR19DE95.001

where:

%PHg = percent reduction of the potential mercury emissions 
          achieved.
Ei = potential mercury emission concentration measured at the 
          control device inlet, corrected to 7 percent oxygen (dry 
          basis).
Eo = controlled mercury emission concentration measured at 
          the mercury control device outlet, corrected to 7 percent 
          oxygen (dry basis).

    (vi) All performance tests shall consist of a minimum of three test 
runs conducted under representative full load operating conditions. The 
average of the mercury emission concentrations or percent reductions 
from three test runs or more is used to determine compliance.

[[Page 291]]

    (vii) The owner or operator of an affected facility may request that 
compliance with the mercury emission limit be determined using carbon 
dioxide measurements corrected to an equivalent of 7 percent oxygen. The 
relationship between oxygen and carbon dioxide levels for the affected 
facility shall be established as specified in paragraph (b)(6) of this 
section.
    (viii) The owner or operator of an affected facility shall conduct 
an initial performance test for mercury emissions as required under 
Sec.  60.8 of subpart A of this part.
    (ix) Following the date that the initial performance test for 
mercury is completed or is required to be completed under Sec.  60.8 of 
subpart A of this part, the owner or operator of an affected facility 
shall conduct a performance test for mercury emissions on a calendar 
year basis (no less than 9 calendar months and no more than 15 calendar 
months from the previous performance test; and must complete five 
performance tests in each 5-year calendar period).
    (x) [Reserved]
    (xi) The owner or operator of an affected facility where activated 
carbon injection is used to comply with the mercury emission limit shall 
follow the procedures specified in paragraph (m) of this section for 
measuring and calculating carbon usage.
    (3) In place of cadmium and lead testing with EPA Reference Method 
29 as an alternative ASTM D6784-02, an owner or operator may elect to 
install, calibrate, maintain, and operate a continuous emission 
monitoring system for monitoring cadmium and lead emissions discharged 
to the atmosphere and record the output of the system according to the 
provisions of paragraphs (n) and (o) of this section.
    (4) In place of mercury testing with EPA Reference Method 29 or as 
an alternative ASTM D6784-02, an owner or operator may elect to install, 
calibrate, maintain, and operate a continuous emission monitoring system 
or a continuous automated sampling system for monitoring mercury 
emissions discharged to the atmosphere and record the output of the 
system according to the provisions of paragraphs (n) and (o) of this 
section, or paragraphs (p) and (q) of this section, as appropriate. The 
owner or operator who elects to continuously monitor mercury in place of 
mercury testing with EPA Reference Method 29 or as an alternative ASTM 
D6784-02 is not required to complete performance testing for mercury as 
specified in paragraph (d)(2)(ix) of this section.
    (e) The procedures and test methods specified in paragraphs (e)(1) 
through (e)(14) of this section shall be used for determining compliance 
with the sulfur dioxide emission limit under Sec.  60.52b(b)(1).
    (1) The EPA Reference Method 19, section 4.3, shall be used to 
calculate the daily geometric average sulfur dioxide emission 
concentration.
    (2) The EPA Reference Method 19, section 5.4, shall be used to 
determine the daily geometric average percent reduction in the potential 
sulfur dioxide emission concentration.
    (3) The owner or operator of an affected facility may request that 
compliance with the sulfur dioxide emission limit be determined using 
carbon dioxide measurements corrected to an equivalent of 7 percent 
oxygen. The relationship between oxygen and carbon dioxide levels for 
the affected facility shall be established as specified in paragraph 
(b)(6) of this section.
    (4) The owner or operator of an affected facility shall conduct an 
initial performance test for sulfur dioxide emissions as required under 
Sec.  60.8 of subpart A of this part. Compliance with the sulfur dioxide 
emission limit (concentration or percent reduction) shall be determined 
by using the continuous emission monitoring system specified in 
paragraph (e)(5) of this section to measure sulfur dioxide and 
calculating a 24-hour daily geometric average emission concentration or 
a 24-hour daily geometric average percent reduction using EPA Reference 
Method 19, sections 4.3 and 5.4, as applicable.
    (5) The owner or operator of an affected facility shall install, 
calibrate, maintain, and operate a continuous emission monitoring system 
for measuring sulfur dioxide emissions discharged to the atmosphere and 
record the output of the system.
    (6) Following the date that the initial performance test for sulfur 
dioxide is

[[Page 292]]

completed or is required to be completed under Sec.  60.8 of subpart A 
of this part, compliance with the sulfur dioxide emission limit shall be 
determined based on the 24-hour daily geometric average of the hourly 
arithmetic average emission concentrations using continuous emission 
monitoring system outlet data if compliance is based on an emission 
concentration, or continuous emission monitoring system inlet and outlet 
data if compliance is based on a percent reduction.
    (7) At a minimum, valid continuous monitoring system hourly averages 
shall be obtained as specified in paragraphs (e)(7)(i) and (e)(7)(ii) 
for 90 percent of the operating hours per calendar quarter and 95 
percent of the operating days per calendar year that the affected 
facility is combusting municipal solid waste.
    (i) At least two data points per hour shall be used to calculate 
each 1-hour arithmetic average.
    (ii) Each sulfur dioxide 1-hour arithmetic average shall be 
corrected to 7 percent oxygen on an hourly basis using the 1-hour 
arithmetic average of the oxygen (or carbon dioxide) continuous emission 
monitoring system data.
    (8) The 1-hour arithmetic averages required under paragraph (e)(6) 
of this section shall be expressed in parts per million corrected to 7 
percent oxygen (dry basis) and used to calculate the 24-hour daily 
geometric average emission concentrations and daily geometric average 
emission percent reductions. The 1-hour arithmetic averages shall be 
calculated using the data points required under Sec.  60.13(e)(2) of 
subpart A of this part.
    (9) All valid continuous emission monitoring system data shall be 
used in calculating average emission concentrations and percent 
reductions even if the minimum continuous emission monitoring system 
data requirements of paragraph (e)(7) of this section are not met.
    (10) The procedures under Sec.  60.13 of subpart A of this part 
shall be followed for installation, evaluation, and operation of the 
continuous emission monitoring system.
    (11) The initial performance evaluation shall be completed no later 
than 180 days after the date of initial startup of the municipal waste 
combustor as specified under Sec.  60.8 of subpart A of this part.
    (12) The continuous emission monitoring system shall be operated 
according to Performance Specification 2 in appendix B of this part. For 
sources that have actual inlet emissions less than 100 parts per million 
dry volume, the relative accuracy criterion for inlet sulfur dioxide 
continuous emission monitoring systems should be no greater than 20 
percent of the mean value of the reference method test data in terms of 
the units of the emission standard, or 5 parts per million dry volume 
absolute value of the mean difference between the reference method and 
the continuous emission monitoring systems, whichever is greater.
    (i) During each relative accuracy test run of the continuous 
emission monitoring system required by Performance Specification 2 in 
appendix B of this part, sulfur dioxide and oxygen (or carbon dioxide) 
data shall be collected concurrently (or within a 30- to 60-minute 
period) by both the continuous emission monitors and the test methods 
specified in paragraphs (e)(12)(i)(A) and (e)(12)(i)(B) of this section.
    (A) For sulfur dioxide, EPA Reference Method 6, 6A, or 6C, or as an 
alternative ASME PTC-19-10-1981--part10, shall be used.
    (B) For oxygen (or carbon dioxide), EPA Reference Method 3, 3A, or 
3B, or as an alternative ASME PTC-19-10-1981--part10, as applicable, 
shall be used.
    (ii) The span value of the continuous emissions monitoring system at 
the inlet to the sulfur dioxide control device shall be 125 percent of 
the maximum estimated hourly potential sulfur dioxide emissions of the 
municipal waste combustor unit. The span value of the continuous 
emission monitoring system at the outlet of the sulfur dioxide control 
device shall be 50 percent of the maximum estimated hourly potential 
sulfur dioxide emissions of the municipal waste combustor unit.
    (13) Quarterly accuracy determinations and daily calibration drift 
tests shall be performed in accordance with procedure 1 in appendix F of 
this part.

[[Page 293]]

    (14) When sulfur dioxide emissions data are not obtained because of 
continuous emission monitoring system breakdowns, repairs, calibration 
checks, and/or zero and span adjustments, emissions data shall be 
obtained by using other monitoring systems as approved by EPA or EPA 
Reference Method 19 to provide, as necessary, valid emissions data for a 
minimum of 90 percent of the hours per calendar quarter and 95 percent 
of the hours per calendar year that the affected facility is operated 
and combusting municipal solid waste.
    (f) The procedures and test methods specified in paragraphs (f)(1) 
through (f)(8) of this section shall be used for determining compliance 
with the hydrogen chloride emission limit under Sec.  60.52b(b)(2).
    (1) The EPA Reference Method 26 or 26A, as applicable, shall be used 
to determine the hydrogen chloride emission concentration. The minimum 
sampling time shall be 1 hour.
    (2) An oxygen (or carbon dioxide) measurement shall be obtained 
simultaneously with each test run for hydrogen chloride required by 
paragraph (f)(1) of this section.
    (3) The percent reduction in potential hydrogen chloride emissions 
(% PHCl) is computed using equation 2:
[GRAPHIC] [TIFF OMITTED] TR19DE95.002

where:

%PHCl = percent reduction of the potential hydrogen chloride 
          emissions achieved.
Ei = potential hydrogen chloride emission concentration 
          measured at the control device inlet, corrected to 7 percent 
          oxygen (dry basis).

Eo = controlled hydrogen chloride emission concentration 
          measured at the control device outlet, corrected to 7 percent 
          oxygen (dry basis).

    (4) The owner or operator of an affected facility may request that 
compliance with the hydrogen chloride emission limit be determined using 
carbon dioxide measurements corrected to an equivalent of 7 percent 
oxygen. The relationship between oxygen and carbon dioxide levels for 
the affected facility shall be established as specified in paragraph 
(b)(6) of this section.
    (5) As specified under Sec.  60.8 of subpart A of this part, all 
performance tests shall consist of three test runs. The average of the 
hydrogen chloride emission concentrations or percent reductions from the 
three test runs is used to determine compliance.
    (6) The owner or operator of an affected facility shall conduct an 
initial performance test for hydrogen chloride as required under Sec.  
60.8 of subpart A of this part.
    (7) Following the date that the initial performance test for 
hydrogen chloride is completed or is required to be completed under 
Sec.  60.8 of subpart A of this part, the owner or operator of an 
affected facility shall conduct a performance test for hydrogen chloride 
emissions on an annual basis (no more than 12 calendar months following 
the previous performance test).
    (8) In place of hydrogen chloride testing with EPA Reference Method 
26 or 26A, an owner or operator may elect to install, calibrate, 
maintain, and operate a continuous emission monitoring system for 
monitoring hydrogen chloride emissions discharged to the atmosphere and 
record the output of the system according to the provisions of 
paragraphs (n) and (o) of this section.
    (g) The procedures and test methods specified in paragraphs (g)(1) 
through (g)(9) of this section shall be used to determine compliance 
with the limits for dioxin/furan emissions under Sec.  60.52b(c).
    (1) The EPA Reference Method 1 shall be used for determining the 
location and number of sampling points.
    (2) The EPA Reference Method 3, 3A, or 3B, or as an alternative ASME 
PTC-19-10-1981--part10, as applicable, shall be used for flue gas 
analysis.
    (3) The EPA Reference Method 23 shall be used for determining the 
dioxin/furan emission concentration.
    (i) The minimum sample time shall be 4 hours per test run.
    (ii) An oxygen (or carbon dioxide) measurement shall be obtained 
simultaneously with each Method 23 test run for dioxins/furans.
    (4) The owner or operator of an affected facility shall conduct an 
initial performance test for dioxin/furan emissions in accordance with 
paragraph

[[Page 294]]

(g)(3) of this section, as required under Sec.  60.8 of subpart A of 
this part.
    (5) Following the date that the initial performance test for 
dioxins/furans is completed or is required to be completed under Sec.  
60.8 of subpart A of this part, the owner or operator of an affected 
facility shall conduct performance tests for dioxin/furan emissions in 
accordance with paragraph (g)(3) of this section, according to one of 
the schedules specified in paragraphs (g)(5)(i) through (g)(5)(iii) of 
this section.
    (i) For affected facilities, performance tests shall be conducted on 
a calendar year basis (no less than 9 calendar months and no more than 
15 calendar months following the previous performance test; and must 
complete five performance tests in each 5-year calendar period).
    (ii) For the purpose of evaluating system performance to establish 
new operating parameter levels, testing new technology or control 
technologies, diagnostic testing, or related activities for the purpose 
of improving facility performance or advancing the state-of-the-art for 
controlling facility emissions, the owner or operator of an affected 
facility that qualifies for the performance testing schedule specified 
in paragraph (g)(5)(iii) of this section, may test one unit for dioxin/
furan and apply the dioxin/furan operating parameters to similarly 
designed and equipped units on site by meeting the requirements 
specified in paragraphs (g)(5)(ii)(A) through (g)(5)(ii)(D) of this 
section.
    (A) Follow the testing schedule established in paragraph (g)(5)(iii) 
of this section. For example, each year a different affected facility at 
the municipal waste combustor plant shall be tested, and the affected 
facilities at the plant shall be tested in sequence (e.g., unit 1, unit 
2, unit 3, as applicable).
    (B) Upon meeting the requirements in paragraph (g)(5)(iii) of this 
section for one affected facility, the owner or operator may elect to 
apply the average carbon mass feed rate and associated carbon injection 
system operating parameter levels for dioxin/furan as established in 
paragraph (m) of this section to similarly designed and equipped units 
on site.
    (C) Upon testing each subsequent unit in accordance with the testing 
schedule established in paragraph (g)(5)(iii) of this section, the 
dioxin/furan and mercury emissions of the subsequent unit shall not 
exceed the dioxin/furan and mercury emissions measured in the most 
recent test of that unit prior to the revised operating parameter 
levels.
    (D) The owner or operator of an affected facility that selects to 
follow the performance testing schedule specified in paragraph 
(g)(5)(iii) of this section and apply the carbon injection system 
operating parameters to similarly designed and equipped units on site 
shall follow the procedures specified in Sec.  60.59b(g)(4) for 
reporting.
    (iii) Where all performance tests over a 2-year period indicate that 
dioxin/furan emissions are less than or equal to 7 nanograms per dry 
standard cubic meter (total mass) for all affected facilities located 
within a municipal waste combustor plant, the owner or operator of the 
municipal waste combustor plant may elect to conduct annual performance 
tests for one affected facility (i.e., unit) per year at the municipal 
waste combustor plant. At a minimum, a performance test for dioxin/furan 
emissions shall be conducted on a calendar year basis (no less than 9 
calendar months and no more than 15 months following the previous 
performance test; and must complete five performance tests in each 5-
year calendar period) for one affected facility at the municipal waste 
combustor plant. Each year a different affected facility at the 
municipal waste combustor plant shall be tested, and the affected 
facilities at the plant shall be tested in sequence (e.g., unit 1, unit 
2, unit 3, as applicable). If each annual performance test continues to 
indicate a dioxin/furan emission level less than or equal to 7 nanograms 
per dry standard cubic meter (total mass), the owner or operator may 
continue conducting a performance test on only one affected facility per 
calendar year. If any annual performance test indicates either a dioxin/
furan emission level greater than 7 nanograms per dry standard cubic 
meter (total mass), performance tests shall thereafter be conducted 
annually on all affected facilities at the

[[Page 295]]

plant until and unless all annual performance tests for all affected 
facilities at the plant over a 2-year period indicate a dioxin/furan 
emission level less than or equal to 7 nanograms per dry standard cubic 
meter (total mass).
    (6) The owner or operator of an affected facility that selects to 
follow the performance testing schedule specified in paragraph 
(g)(5)(iii) of this section shall follow the procedures specified in 
Sec.  60.59b(g)(4) for reporting the selection of this schedule.
    (7) The owner or operator of an affected facility where activated 
carbon is used shall follow the procedures specified in paragraph (m) of 
this section for measuring and calculating the carbon usage rate.
    (8) The owner or operator of an affected facility may request that 
compliance with the dioxin/furan emission limit be determined using 
carbon dioxide measurements corrected to an equivalent of 7 percent 
oxygen. The relationship between oxygen and carbon dioxide levels for 
the affected facility shall be established as specified in paragraph 
(b)(6) of this section.
    (9) As specified under Sec.  60.8 of subpart A of this part, all 
performance tests shall consist of three test runs. The average of the 
dioxin/furan emission concentrations from the three test runs is used to 
determine compliance.
    (10) In place of dioxin/furan sampling and testing with EPA 
Reference Method 23, an owner or operator may elect to sample dioxin/
furan by installing, calibrating, maintaining, and operating a 
continuous automated sampling system for monitoring dioxin/furan 
emissions discharged to the atmosphere, recording the output of the 
system, and analyzing the sample using EPA Method 23. This option to use 
a continuous automated sampling system takes effect on the date a final 
performance specification applicable to dioxin/furan from monitors is 
published in the Federal Register or the date of approval of a site-
specific monitoring plan. The owner or operator of an affected facility 
who elects to continuously sample dioxin/furan emissions instead of 
sampling and testing using EPA Method 23 shall install, calibrate, 
maintain, and operate a continuous automated sampling system and shall 
comply with the requirements specified in paragraphs (p) and (q) of this 
section.
    (h) The procedures and test methods specified in paragraphs (h)(1) 
through (h)(12) of this section shall be used to determine compliance 
with the nitrogen oxides emission limit for affected facilities under 
Sec.  60.52b(d).
    (1) The EPA Reference Method 19, section 4.1, shall be used for 
determining the daily arithmetic average nitrogen oxides emission 
concentration.
    (2) The owner or operator of an affected facility may request that 
compliance with the nitrogen oxides emission limit be determined using 
carbon dioxide measurements corrected to an equivalent of 7 percent 
oxygen. The relationship between oxygen and carbon dioxide levels for 
the affected facility shall be established as specified in paragraph 
(b)(6) of this section.
    (3) The owner or operator of an affected facility subject to the 
nitrogen oxides limit under Sec.  60.52b(d) shall conduct an initial 
performance test for nitrogen oxides as required under Sec.  60.8 of 
subpart A of this part. Compliance with the nitrogen oxides emission 
limit shall be determined by using the continuous emission monitoring 
system specified in paragraph (h)(4) of this section for measuring 
nitrogen oxides and calculating a 24-hour daily arithmetic average 
emission concentration using EPA Reference Method 19, section 4.1.
    (4) The owner or operator of an affected facility subject to the 
nitrogen oxides emission limit under Sec.  60.52b(d) shall install, 
calibrate, maintain, and operate a continuous emission monitoring system 
for measuring nitrogen oxides discharged to the atmosphere, and record 
the output of the system.
    (5) Following the date that the initial performance test for 
nitrogen oxides is completed or is required to be completed under Sec.  
60.8 of subpart A of this part, compliance with the emission limit for 
nitrogen oxides required under Sec.  60.52b(d) shall be determined based 
on the 24-hour daily arithmetic average of the hourly emission 
concentrations using continuous emission monitoring system outlet data.
    (6) At a minimum, valid continuous emission monitoring system hourly

[[Page 296]]

averages shall be obtained as specified in paragraphs (h)(6)(i) and 
(h)(6)(ii) of this section for 90 percent of the operating hours per 
calendar quarter and for 95 percent of the operating hours per calendar 
year that the affected facility is combusting municipal solid waste.
    (i) At least 2 data points per hour shall be used to calculate each 
1-hour arithmetic average.
    (ii) Each nitrogen oxides 1-hour arithmetic average shall be 
corrected to 7 percent oxygen on an hourly basis using the 1-hour 
arithmetic average of the oxygen (or carbon dioxide) continuous emission 
monitoring system data.
    (7) The 1-hour arithmetic averages required by paragraph (h)(5) of 
this section shall be expressed in parts per million by volume (dry 
basis) and used to calculate the 24-hour daily arithmetic average 
concentrations. The 1-hour arithmetic averages shall be calculated using 
the data points required under Sec.  60.13(e)(2) of subpart A of this 
part.
    (8) All valid continuous emission monitoring system data must be 
used in calculating emission averages even if the minimum continuous 
emission monitoring system data requirements of paragraph (h)(6) of this 
section are not met.
    (9) The procedures under Sec.  60.13 of subpart A of this part shall 
be followed for installation, evaluation, and operation of the 
continuous emission monitoring system. The initial performance 
evaluation shall be completed no later than 180 days after the date of 
initial startup of the municipal waste combustor unit, as specified 
under Sec.  60.8 of subpart A of this part.
    (10) The owner or operator of an affected facility shall operate the 
continuous emission monitoring system according to Performance 
Specification 2 in appendix B of this part and shall follow the 
procedures and methods specified in paragraphs (h)(10)(i) and 
(h)(10)(ii) of this section.
    (i) During each relative accuracy test run of the continuous 
emission monitoring system required by Performance Specification 2 of 
appendix B of this part, nitrogen oxides and oxygen (or carbon dioxide) 
data shall be collected concurrently (or within a 30- to 60-minute 
period) by both the continuous emission monitors and the test methods 
specified in paragraphs (h)(10)(i)(A) and (h)(10)(i)(B) of this section.
    (A) For nitrogen oxides, EPA Reference Method 7, 7A, 7C, 7D, or 7E 
shall be used.
    (B) For oxygen (or carbon dioxide), EPA Reference Method 3, 3A, or 
3B, or as an alternative ASME PTC-19-10-1981--part10, as applicable, 
shall be used.
    (ii) The span value of the continuous emission monitoring system 
shall be 125 percent of the maximum estimated hourly potential nitrogen 
oxide emissions of the municipal waste combustor unit.
    (11) Quarterly accuracy determinations and daily calibration drift 
tests shall be performed in accordance with procedure 1 in appendix F of 
this part.
    (12) When nitrogen oxides continuous emission data are not obtained 
because of continuous emission monitoring system breakdowns, repairs, 
calibration checks, and zero and span adjustments, emissions data shall 
be obtained using other monitoring systems as approved by EPA or EPA 
Reference Method 19 to provide, as necessary, valid emissions data for a 
minimum of 90 percent of the hours per calendar quarter and 95 percent 
of the hours per calendar year the unit is operated and combusting 
municipal solid waste.
    (i) The procedures specified in paragraphs (i)(1) through (i)(12) of 
this section shall be used for determining compliance with the operating 
requirements under Sec.  60.53b.
    (1) Compliance with the carbon monoxide emission limits in Sec.  
60.53b(a) shall be determined using a 4-hour block arithmetic average 
for all types of affected facilities except mass burn rotary waterwall 
municipal waste combustors and refuse-derived fuel stokers.
    (2) For affected mass burn rotary waterwall municipal waste 
combustors and refuse-derived fuel stokers, compliance with the carbon 
monoxide emission limits in Sec.  60.53b(a) shall be determined using a 
24-hour daily arithmetic average.
    (3) The owner or operator of an affected facility shall install, 
calibrate, maintain, and operate a continuous

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emission monitoring system for measuring carbon monoxide at the 
combustor outlet and record the output of the system and shall follow 
the procedures and methods specified in paragraphs (i)(3)(i) through 
(i)(3)(iii) of this section.
    (i) The continuous emission monitoring system shall be operated 
according to Performance Specification 4A in appendix B of this part.
    (ii) During each relative accuracy test run of the continuous 
emission monitoring system required by Performance Specification 4A in 
appendix B of this part, carbon monoxide and oxygen (or carbon dioxide) 
data shall be collected concurrently (or within a 30- to 60-minute 
period) by both the continuous emission monitors and the test methods 
specified in paragraphs (i)(3)(ii)(A) and (i)(3)(ii)(B) of this section. 
For affected facilities subject to the 100 parts per million dry volume 
carbon monoxide standard, the relative accuracy criterion of 5 parts per 
million dry volume is calculated as the absolute value of the mean 
difference between the reference method and continuous emission 
monitoring systems.
    (A) For carbon monoxide, EPA Reference Method 10, 10A, or 10B shall 
be used.
    (B) For oxygen (or carbon dioxide), EPA Reference Method 3, 3A, or 
3B, or ASME PTC-19-10-1981--part10 (incorporated by reference, see Sec.  
60.17 of subpart A of this part), as applicable, shall be used.
    (iii) The span value of the continuous emission monitoring system 
shall be 125 percent of the maximum estimated hourly potential carbon 
monoxide emissions of the municipal waste combustor unit.
    (4) The 4-hour block and 24-hour daily arithmetic averages specified 
in paragraphs (i)(1) and (i)(2) of this section shall be calculated from 
1-hour arithmetic averages expressed in parts per million by volume 
corrected to 7 percent oxygen (dry basis). The 1-hour arithmetic 
averages shall be calculated using the data points generated by the 
continuous emission monitoring system. At least two data points shall be 
used to calculate each 1-hour arithmetic average.
    (5) The owner or operator of an affected facility may request that 
compliance with the carbon monoxide emission limit be determined using 
carbon dioxide measurements corrected to an equivalent of 7 percent 
oxygen. The relationship between oxygen and carbon dioxide levels for 
the affected facility shall be established as specified in paragraph 
(b)(6) of this section.
    (6) The procedures specified in paragraphs (i)(6)(i) through 
(i)(6)(v) of this section shall be used to determine compliance with 
load level requirements under Sec.  60.53b(b).
    (i) The owner or operator of an affected facility with steam 
generation capability shall install, calibrate, maintain, and operate a 
steam flow meter or a feedwater flow meter; measure steam (or feedwater) 
flow in kilograms per hour (or pounds per hour) on a continuous basis; 
and record the output of the monitor. Steam (or feedwater) flow shall be 
calculated in 4-hour block arithmetic averages.
    (ii) The method included in the ``American Society of Mechanical 
Engineers Power Test Codes: Test Code for Steam Generating Units, Power 
Test Code 4.1--1964 (R1991)'' section 4 (incorporated by reference, see 
Sec.  60.17 of subpart A of this part) shall be used for calculating the 
steam (or feedwater) flow required under paragraph (i)(6)(i) of this 
section. The recommendations in ``American Society of Mechanical 
Engineers Interim Supplement 19.5 on Instruments and Apparatus: 
Application, partII of Fluid Meters, 6th edition (1971),'' chapter 4 
(incorporated by reference--see Sec.  60.17 of subpart A of this part) 
shall be followed for design, construction, installation, calibration, 
and use of nozzles and orifices except as specified in (i)(6)(iii) of 
this section.
    (iii) Measurement devices such as flow nozzles and orifices are not 
required to be recalibrated after they are installed.
    (iv) All signal conversion elements associated with steam (or 
feedwater flow) measurements must be calibrated according to the 
manufacturer's instructions before each dioxin/furan performance test, 
and at least once per year.

[[Page 298]]

    (7) To determine compliance with the maximum particulate matter 
control device temperature requirements under Sec.  60.53b(c), the owner 
or operator of an affected facility shall install, calibrate, maintain, 
and operate a device for measuring on a continuous basis the temperature 
of the flue gas stream at the inlet to each particulate matter control 
device utilized by the affected facility. Temperature shall be 
calculated in 4-hour block arithmetic averages.
    (8) The maximum demonstrated municipal waste combustor unit load 
shall be determined during the initial performance test for dioxins/
furans and each subsequent performance test during which compliance with 
the dioxin/furan emission limit specified in Sec.  60.52b(c) is 
achieved. The maximum demonstrated municipal waste combustor unit load 
shall be the highest 4-hour arithmetic average load achieved during four 
consecutive hours during the most recent test during which compliance 
with the dioxin/furan emission limit was achieved. If a subsequent 
dioxin/furan performance test is being performed on only one affected 
facility at the MWC plant, as provided in paragraph (g)(5)(iii) of this 
section, the owner or operator may elect to apply the same maximum 
municipal waste combustor unit load from the tested facility for all the 
similarly designed and operated affected facilities at the MWC plant.
    (9) For each particulate matter control device employed at the 
affected facility, the maximum demonstrated particulate matter control 
device temperature shall be determined during the initial performance 
test for dioxins/furans and each subsequent performance test during 
which compliance with the dioxin/furan emission limit specified in Sec.  
60.52b(c) is achieved. The maximum demonstrated particulate matter 
control device temperature shall be the highest 4-hour arithmetic 
average temperature achieved at the particulate matter control device 
inlet during four consecutive hours during the most recent test during 
which compliance with the dioxin/furan limit was achieved. If a 
subsequent dioxin/furan performance test is being performed on only one 
affected facility at the MWC plant, as provided in paragraph (g)(5)(iii) 
of this section, the owner or operator may elect to apply the same 
maximum particulate matter control device temperature from the tested 
facility for all the similarly designed and operated affected facilities 
at the MWC plant.
    (10) At a minimum, valid continuous emission monitoring system 
hourly averages shall be obtained as specified in paragraphs (i)(10)(i) 
and (i)(10)(ii) of this section for at least 90 percent of the operating 
hours per calendar quarter and 95 percent of the operating hours per 
calendar year that the affected facility is combusting municipal solid 
waste.
    (i) At least two data points per hour shall be used to calculate 
each 1-hour arithmetic average.
    (ii) At a minimum, each carbon monoxide 1-hour arithmetic average 
shall be corrected to 7 percent oxygen on an hourly basis using the 1-
hour arithmetic average of the oxygen (or carbon dioxide) continuous 
emission monitoring system data.
    (11) All valid continuous emission monitoring system data must be 
used in calculating the parameters specified under paragraph (i) of this 
section even if the minimum data requirements of paragraph (i)(10) of 
this section are not met. When carbon monoxide continuous emission data 
are not obtained because of continuous emission monitoring system 
breakdowns, repairs, calibration checks, and zero and span adjustments, 
emissions data shall be obtained using other monitoring systems as 
approved by EPA or EPA Reference Method 10 to provide, as necessary, the 
minimum valid emission data.
    (12) Quarterly accuracy determinations and daily calibration drift 
tests for the carbon monoxide continuous emission monitoring system 
shall be performed in accordance with procedure 1 in appendix F of this 
part.
    (j) The procedures specified in paragraphs (j)(1) and (j)(2) of this 
section shall be used for calculating municipal waste combustor unit 
capacity as defined under Sec.  60.51b.
    (1) For municipal waste combustor units capable of combusting 
municipal solid waste continuously for a 24-hour

[[Page 299]]

period, municipal waste combustor unit capacity shall be calculated 
based on 24 hours of operation at the maximum charging rate. The maximum 
charging rate shall be determined as specified in paragraphs (j)(1)(i) 
and (j)(1)(ii) of this section as applicable.
    (i) For combustors that are designed based on heat capacity, the 
maximum charging rate shall be calculated based on the maximum design 
heat input capacity of the unit and a heating value of 12,800 kilojoules 
per kilogram for combustors firing refuse-derived fuel and a heating 
value of 10,500 kilojoules per kilogram for combustors firing municipal 
solid waste that is not refuse-derived fuel.
    (ii) For combustors that are not designed based on heat capacity, 
the maximum charging rate shall be the maximum design charging rate.
    (2) For batch feed municipal waste combustor units, municipal waste 
combustor unit capacity shall be calculated as the maximum design amount 
of municipal solid waste that can be charged per batch multiplied by the 
maximum number of batches that could be processed in a 24-hour period. 
The maximum number of batches that could be processed in a 24-hour 
period is calculated as 24 hours divided by the design number of hours 
required to process one batch of municipal solid waste, and may include 
fractional batches (e.g., if one batch requires 16 hours, then 24/16, or 
1.5 batches, could be combusted in a 24-hour period). For batch 
combustors that are designed based on heat capacity, the design heating 
value of 12,800 kilojoules per kilogram for combustors firing refuse-
derived fuel and a heating value of 10,500 kilojoules per kilogram for 
combustors firing municipal solid waste that is not refuse-derived fuel 
shall be used in calculating the municipal waste combustor unit capacity 
in megagrams per day of municipal solid waste.
    (k) The procedures specified in paragraphs (k)(1) through (k)(4) of 
this section shall be used for determining compliance with the fugitive 
ash emission limit under Sec.  60.55b.
    (1) The EPA Reference Method 22 shall be used for determining 
compliance with the fugitive ash emission limit under Sec.  60.55b. The 
minimum observation time shall be a series of three 1-hour observations. 
The observation period shall include times when the facility is 
transferring ash from the municipal waste combustor unit to the area 
where ash is stored or loaded into containers or trucks.
    (2) The average duration of visible emissions per hour shall be 
calculated from the three 1-hour observations. The average shall be used 
to determine compliance with Sec.  60.55b.
    (3) The owner or operator of an affected facility shall conduct an 
initial performance test for fugitive ash emissions as required under 
Sec.  60.8 of subpart A of this part.
    (4) Following the date that the initial performance test for 
fugitive ash emissions is completed or is required to be completed under 
Sec.  60.8 of subpart A of this part for an affected facility, the owner 
or operator shall conduct a performance test for fugitive ash emissions 
on an annual basis (no more than 12 calendar months following the 
previous performance test).
    (l) The procedures specified in paragraphs (l)(1) through (l)(3) of 
this section shall be used to determine compliance with the opacity 
limit for air curtain incinerators under Sec.  60.56b.
    (1) The EPA Reference Method 9 shall be used for determining 
compliance with the opacity limit.
    (2) The owner or operator of the air curtain incinerator shall 
conduct an initial performance test for opacity as required under Sec.  
60.8 of subpart A of this part.
    (3) Following the date that the initial performance test is 
completed or is required to be completed under Sec.  60.8 of subpart A 
of this part, the owner or operator of the air curtain incinerator shall 
conduct a performance test for opacity on an annual basis (no more than 
12 calendar months following the previous performance test).
    (m) The owner or operator of an affected facility where activated 
carbon injection is used to comply with the mercury emission limit under 
Sec.  60.52b(a)(5), and/or the dioxin/furan emission limits under Sec.  
60.52(b)(c), or

[[Page 300]]

the dioxin/furan emission level specified in paragraph (g)(5)(iii) of 
this section shall follow the procedures specified in paragraphs (m)(1) 
through (m)(4) of this section.
    (1) During the performance tests for dioxins/furans and mercury, as 
applicable, the owner or operator shall estimate an average carbon mass 
feed rate based on carbon injection system operating parameters such as 
the screw feeder speed, hopper volume, hopper refill frequency, or other 
parameters appropriate to the feed system being employed, as specified 
in paragraphs (m)(1)(i) and (m)(1)(ii) of this section.
    (i) An average carbon mass feed rate in kilograms per hour or pounds 
per hour shall be estimated during the initial performance test for 
mercury emissions and each subsequent performance test for mercury 
emissions.
    (ii) An average carbon mass feed rate in kilograms per hour or 
pounds per hour shall be estimated during the initial performance test 
for dioxin/furan emissions and each subsequent performance test for 
dioxin/furan emissions. If a subsequent dioxin/furan performance test is 
being performed on only one affected facility at the MWC plant, as 
provided in paragraph (g)(5)(iii) of this section, the owner or operator 
may elect to apply the same estimated average carbon mass feed rate from 
the tested facility for all the similarly designed and operated affected 
facilities at the MWC plant.
    (2) During operation of the affected facility, the carbon injection 
system operating parameter(s) that are the primary indicator(s) of the 
carbon mass feed rate (e.g., screw feeder setting) shall be averaged 
over a block 8-hour period, and the 8-hour block average must equal or 
exceed the level(s) documented during the performance tests specified 
under paragraphs (m)(1)(i) and (m)(1)(ii) of this section, except as 
specified in paragraphs (m)(2)(i) and (m)(2)(ii) of this section.
    (i) During the annual dioxin/furan or mercury performance test and 
the 2 weeks preceding the annual dioxin/furan or mercury performance 
test, no limit is applicable for average mass carbon feed rate if the 
provisions of paragraph (m)(2)(ii) of this section are met.
    (ii) The limit for average mass carbon feed rate may be waived in 
accordance with permission granted by the Administrator for the purpose 
of evaluating system performance, testing new technology or control 
technologies, diagnostic testing, or related activities for the purpose 
of improving facility performance or advancing the state-of-the-art for 
controlling facility emissions.
    (3) The owner or operator of an affected facility shall estimate the 
total carbon usage of the plant (kilograms or pounds) for each calendar 
quarter by two independent methods, according to the procedures in 
paragraphs (m)(3)(i) and (m)(3)(ii) of this section.
    (i) The weight of carbon delivered to the plant.
    (ii) Estimate the average carbon mass feed rate in kilograms per 
hour or pounds per hour for each hour of operation for each affected 
facility based on the parameters specified under paragraph (m)(1) of 
this section, and sum the results for all affected facilities at the 
plant for the total number of hours of operation during the calendar 
quarter.
    (4) Pneumatic injection pressure or other carbon injection system 
operational indicator shall be used to provide additional verification 
of proper carbon injection system operation. The operational indicator 
shall provide an instantaneous visual and/or audible alarm to alert the 
operator of a potential interruption in the carbon feed that would not 
normally be indicated by direct monitoring of carbon mass feed rate 
(e.g., continuous weight loss feeder) or monitoring of the carbon system 
operating parameter(s) that are the indicator(s) of carbon mass feed 
rate (e.g., screw feeder speed). The carbon injection system operational 
indicator used to provide additional verification of carbon injection 
system operation, including basis for selecting the indicator and 
operator response to the indicator alarm, shall be included in section 
(e)(6) of the site-specific operating manual required under Sec.  
60.54b(e) of this subpart.
    (n) In place of periodic manual testing of mercury, cadmium, lead, 
or hydrogen chloride with EPA Reference Method 26, 26A, 29, or as an 
alternative

[[Page 301]]

ASTM D6784-02 (as applicable), the owner or operator of an affected 
facility may elect to install, calibrate, maintain, and operate a 
continuous emission monitoring system for monitoring emissions 
discharged to the atmosphere and record the output of the system. The 
option to use a continuous emission monitoring system for mercury takes 
effect on the date of approval of the site-specific monitoring plan 
required in paragraph (n)(13) and (o) of this section. The option to use 
a continuous emission monitoring system for cadmium, lead, or hydrogen 
chloride takes effect on the date a final performance specification 
applicable to cadmium, lead, or hydrogen chloride monitor is published 
in the Federal Register or the date of approval of the site-specific 
monitoring plan required in paragraphs (n)(13) and (o) of this section. 
The owner or operator of an affected facility who elects to continuously 
monitor emissions instead of conducting manual performance testing shall 
install, calibrate, maintain, and operate a continuous emission 
monitoring system and shall comply with the requirements specified in 
paragraphs (n)(1) through (n)(13) of this section.
    (1) Notify the Administrator one month before starting use of the 
system.
    (2) Notify the Administrator one month before stopping use of the 
system.
    (3) The monitor shall be installed, evaluated, and operated in 
accordance with Sec.  60.13 of subpart A of this part.
    (4) The initial performance evaluation shall be completed no later 
than 180 days after the date of initial startup of the affected 
facility, as specified under Sec.  60.8 of subpart A of this part or 
within 180 days of notification to the Administrator of use of the 
continuous monitoring system if the owner or operator was previously 
determining compliance by Method 26, 26A, 29, or as an alternative ASTM 
D6784-02 (as applicable) performance tests, whichever is later.
    (5) The owner or operator may request that compliance with the 
emission limits be determined using carbon dioxide measurements 
corrected to an equivalent of 7 percent oxygen. The relationship between 
oxygen and carbon dioxide levels for the affected facility shall be 
established as specified in paragraph (b)(6) of this section.
    (6) The owner or operator shall conduct an initial performance test 
for emissions as required under Sec.  60.8 of subpart A of this part. 
Compliance with the emission limits shall be determined by using the 
continuous emission monitoring system specified in paragraph (n) of this 
section to measure emissions and calculating a 24-hour block arithmetic 
average emission concentration using EPA Reference Method 19, section 
12.4.1.
    (7) Compliance with the emission limits shall be determined based on 
the 24-hour daily (block) average of the hourly arithmetic average 
emission concentrations using continuous emission monitoring system 
outlet data.
    (8) Beginning on April 28, 2008 for mercury and on the date two 
years after final performance specifications for cadmium, lead or 
hydrogen chloride monitors are published in the Federal Register or the 
date two years after approval of a site-specific monitoring plan, valid 
continuous monitoring system hourly averages shall be obtained as 
specified in paragraphs (n)(8)(i) and (n)(8)(ii) of this section for at 
least 90 percent of the operating hours per calendar quarter and 95 
percent of the operating hours per calendar year that the affected 
facility is combusting municipal solid waste.
    (i) At least two data points per hour shall be used to calculate 
each 1-hour arithmetic average.
    (ii) Each 1-hour arithmetic average shall be corrected to 7 percent 
oxygen on an hourly basis using the 1-hour arithmetic average of the 
oxygen (or carbon dioxide) continuous emission monitoring system data.
    (9) The 1-hour arithmetic averages required under paragraph (n)(7) 
of this section shall be expressed in micrograms per dry standard cubic 
meter for mercury, cadmium, lead and parts per million dry volume for 
hydrogen chloride corrected to 7 percent oxygen (dry basis) and shall be 
used to calculate the 24-hour daily arithmetic (block) average emission 
concentrations. The 1-hour arithmetic averages shall be calculated using 
the data

[[Page 302]]

points required under Sec.  60.13(e)(2) of subpart A of this part.
    (10) All valid continuous emission monitoring system data shall be 
used in calculating average emission concentrations even if the minimum 
continuous emission monitoring system data requirements of paragraph 
(n)(8) of this section are not met.
    (11) The continuous emission monitoring system shall be operated 
according to the performance specifications in paragraphs (n)(11)(i) 
through (n)(11)(iii) of this section or the approved site-specific 
monitoring plan.
    (i) For mercury, Performance Specification 12A in appendix B of this 
part.
    (ii)-(iii) [Reserved]
    (12) During each relative accuracy test run of the continuous 
emission monitoring system required by the performance specifications in 
paragraph (n)(11) of this section, mercury, cadmium, lead, hydrogen 
chloride, and oxygen (or carbon dioxide) data shall be collected 
concurrently (or within a 30- to 60-minute period) by both the 
continuous emission monitors and the test methods specified in 
paragraphs (n)(12)(i) through (n)(12)(iii) of this section.
    (i) For mercury, cadmium, and lead, EPA Reference Method 29 or as an 
alternative ASTM D6784-02 shall be used.
    (ii) For hydrogen chloride, EPA Reference Method 26 or 26A shall be 
used.
    (iii) For oxygen (or carbon dioxide), EPA Reference Method 3, 3A, or 
3B, as applicable shall be used.
    (13) The owner or operator who elects to install, calibrate, 
maintain, and operate a continuous emission monitoring system for 
mercury, cadmium, lead, or hydrogen chloride must develop and implement 
a site-specific monitoring plan as specified in paragraph (o) of this 
section. The owner or operator who relies on a performance specification 
may refer to that document in addressing applicable procedures and 
criteria.
    (14) When emissions data are not obtained because of continuous 
emission monitoring system breakdowns, repairs, calibration checks, and 
zero and span adjustments, parametric monitoring data shall be obtained 
by using other monitoring systems as approved by EPA.
    (o) The owner or operator who elects to install, calibrate, 
maintain, and operate a continuous emission monitoring system for 
mercury, cadmium, lead, or hydrogen chloride must develop and submit for 
approval by EPA, a site-specific mercury, cadmium, lead, or hydrogen 
chloride monitoring plan that addresses the elements and requirements in 
paragraphs (o)(1) through (o)(7) of this section.
    (1) Installation of the continuous emission monitoring system 
sampling probe or other interface at a measurement location relative to 
each affected process unit such that the measurement is representative 
of control of the exhaust emissions (e.g., on or downstream of the last 
control device).
    (2) Performance and equipment specifications for the sample 
interface, the pollutant concentration analyzer, and the data collection 
and reduction system.
    (3) Performance evaluation procedures and acceptance criteria (e.g., 
calibrations).
    (4) Provisions for periods when the continuous emission monitoring 
system is out of control as described in paragraphs (o)(4)(i) through 
(o)(4)(iii) of this section.
    (i) A continuous emission monitoring system is out of control if 
either of the conditions in paragraphs (o)(4)(i)(A) or (o)(4)(ii)(B) of 
this section are met.
    (A) The zero (low-level), mid-level (if applicable), or high-level 
calibration drift exceeds two times the applicable calibration drift 
specification in the applicable performance specification or in the 
relevant standard; or
    (B) The continuous emission monitoring system fails a performance 
test audit (e.g., cylinder gas audit), relative accuracy audit, relative 
accuracy test audit, or linearity test audit.
    (ii) When the continuous emission monitoring system is out of 
control as defined in paragraph (o)(4)(i) of this section, the owner or 
operator of the affected source shall take the necessary corrective 
action and shall repeat all necessary tests that indicate that the 
system is out of control. The owner or operator shall take corrective 
action and conduct retesting until the performance requirements are 
below the applicable limits. The beginning of

[[Page 303]]

the out-of-control period is the hour the owner or operator conducts a 
performance check (e.g., calibration drift) that indicates an exceedance 
of the performance requirements established under this part. The end of 
the out-of-control period is the hour following the completion of 
corrective action and successful demonstration that the system is within 
the allowable limits. During the period the continuous emission 
monitoring system is out of control, recorded data shall not be used in 
data averages and calculations or to meet any data availability 
requirements in paragraph (n)(8) of this section.
    (iii) The owner or operator of a continuous emission monitoring 
system that is out of control as defined in paragraph (o)(4) of this 
section shall submit all information concerning out-of-control periods, 
including start and end dates and hours and descriptions of corrective 
actions taken in the annual or semiannual compliance reports required in 
Sec.  60.59b(g) or (h).
    (5) Ongoing data quality assurance procedures for continuous 
emission monitoring systems as described in paragraphs (o)(5)(i) and 
(o)(5)(ii) of this section.
    (i) Develop and implement a continuous emission monitoring system 
quality control program. As part of the quality control program, the 
owner or operator shall develop and submit to EPA for approval, upon 
request, a site-specific performance evaluation test plan for the 
continuous emission monitoring system performance evaluation required in 
paragraph (o)(5)(ii) of this section. In addition, each quality control 
program shall include, at a minimum, a written protocol that describes 
procedures for each of the operations described in paragraphs 
(o)(7)(i)(A) through (o)(7)(i)(F) of this section.
    (A) Initial and any subsequent calibration of the continuous 
emission monitoring system;
    (B) Determination and adjustment of the calibration drift of the 
continuous emission monitoring system;
    (C) Preventive maintenance of the continuous emission monitoring 
system, including spare parts inventory;
    (D) Data recording, calculations, and reporting;
    (E) Accuracy audit procedures, including sampling and analysis 
methods; and
    (F) Program of corrective action for a malfunctioning continuous 
emission monitoring system.
    (ii) The performance evaluation test plan shall include the 
evaluation program objectives, an evaluation program summary, the 
performance evaluation schedule, data quality objectives, and both an 
internal and external quality assurance program. Data quality objectives 
are the pre-evaluation expectations of precision, accuracy, and 
completeness of data. The internal quality assurance program shall 
include, at a minimum, the activities planned by routine operators and 
analysts to provide an assessment of continuous emission monitoring 
system performance, for example, plans for relative accuracy testing 
using the appropriate reference method in Sec.  60.58b(n)(12) of this 
section. The external quality assurance program shall include, at a 
minimum, systems audits that include the opportunity for on-site 
evaluation by the Administrator of instrument calibration, data 
validation, sample logging, and documentation of quality control data 
and field maintenance activities.
    (6) Conduct a performance evaluation of each continuous emission 
monitoring system in accordance with the site-specific monitoring plan.
    (7) Operate and maintain the continuous emission monitoring system 
in continuous operation according to the site-specific monitoring plan.
    (p) In place of periodic manual testing of dioxin/furan or mercury 
with EPA Reference Method 23, 29, or as an alternative ASTM D6784-02 (as 
applicable), the owner or operator of an affected facility may elect to 
install, calibrate, maintain, and operate a continuous automated 
sampling system for determining emissions discharged to the atmosphere. 
This option takes effect on the date a final performance specification 
applicable to such continuous automated sampling systems is published in 
the Federal Register or the date of approval of a site-specific 
monitoring plan required in paragraphs

[[Page 304]]

(p)(10) and (q) of this section. The owner or operator of an affected 
facility who elects to use a continuous automated sampling system to 
determine emissions instead of conducting manual performance testing 
shall install, calibrate, maintain, and operate the sampling system and 
conduct analyses in compliance with the requirements specified in 
paragraphs (p)(1) through (p)(12) of this section.
    (1) Notify the Administrator one month before starting use of the 
system.
    (2) Notify the Administrator one month before stopping use of the 
system.
    (3) The initial performance evaluation shall be completed no later 
than 180 days after the date of initial startup of the affected 
facility, as specified under Sec.  60.8 of subpart A of this part or 
within 180 days of notification to the Administrator of use of the 
continuous monitoring system if the owner or operator was previously 
determining compliance by manual performance testing using Method 23, 
29, or as an alternative ASTM D6784-02 (as applicable), whichever is 
later.
    (4) The owner or operator may request that compliance with the 
emission limits be determined using carbon dioxide measurements 
corrected to an equivalent of 7 percent oxygen. The relationship between 
oxygen and carbon dioxide levels for the affected facility shall be 
established as specified in paragraph (b)(6) of this section.
    (5) The owner or operator shall conduct an initial performance test 
for emissions as required under Sec.  60.8 of subpart A of this part. 
Compliance with the emission limits shall be determined by using the 
continuous automated sampling system specified in paragraph (p) of this 
section to collect integrated samples and analyze emissions for the time 
period specified in paragraphs (p)(5)(i) and (ii) of this section.
    (i) For dioxin/furan, the continuous automated sampling system shall 
collect an integrated sample over each 2-week period. The collected 
sample shall be analyzed using Method 23.
    (ii) For mercury, the continuous automated sampling system shall 
collect an integrated sample over each 24-hour daily period and the 
sample shall be analyzed according to the applicable final performance 
specification or the approved site-specific monitoring plan required by 
paragraph (q) of this section.
    (6) Compliance with the emission limits shall be determined based on 
2-week emission concentrations for dioxin/furan and on the 24-hour daily 
emission concentrations for mercury using samples collected at the 
system outlet. The emission concentrations shall be expressed in 
nanograms per dry standard cubic meter (total mass) for dioxin/furan and 
micrograms per dry standard cubic meter for mercury, corrected to 7 
percent oxygen (dry basis).
    (7) Beginning on the date two years after the respective final 
performance specification for continuous automated sampling systems for 
dioxin/furan or mercury is published in the Federal Register or two 
years after approval of a site-specific monitoring plan, the continuous 
automated sampling system must be operated and collect emissions for at 
least 90 percent of the operating hours per calendar quarter and 95 
percent of the operating hours per calendar year that the affected 
facility is combusting municipal solid waste.
    (8) All valid data shall be used in calculating emission 
concentrations.
    (9) The continuous automated sampling system shall be operated 
according to the final performance specification in paragraphs (p)(9)(i) 
or (p)(9)(ii) of this section or the approved site-specific monitoring 
plan.
    (i)-(ii) [Reserved]
    (10) The owner or operator who elects to install, calibrate, 
maintain, and operate a continuous automated sampling system for dioxin/
furan or mercury must develop and implement a site-specific monitoring 
plan as specified in paragraph (q) of this section. The owner or 
operator who relies on a performance specification may refer to that 
document in addressing applicable procedures and criteria.
    (11) When emissions data are not obtained because of continuous 
automated sampling system breakdowns, repairs, quality assurance checks, 
or adjustments, parametric monitoring data shall be obtained by using 
other

[[Page 305]]

monitoring systems as approved by EPA.
    (q) The owner or operator who elects to install, calibrate, 
maintain, and operate a continuous automated sampling system for dioxin/
furan or mercury must develop and submit for approval by EPA, a site-
specific monitoring plan that has sufficient detail to assure the 
validity of the continuous automated sampling system data and that 
addresses the elements and requirements in paragraphs (q)(1) through 
(q)(7) of this section.
    (1) Installation of the continuous automated sampling system 
sampling probe or other interface at a measurement location relative to 
each affected process unit such that the measurement is representative 
of control of the exhaust emissions (e.g., on or downstream of the last 
control device).
    (2) Performance and equipment specifications for the sample 
interface, the pollutant concentration analytical method, and the data 
collection system.
    (3) Performance evaluation procedures and acceptance criteria.
    (4) Provisions for periods when the continuous automated sampling 
system is malfunctioning or is out of control as described in paragraphs 
(q)(4)(i) through (q)(4)(iii) of this section.
    (i) The site-specific monitoring plan shall identify criteria for 
determining that the continuous automated sampling system is out of 
control. This shall include periods when the sampling system is not 
collecting a representative sample or is malfunctioning, or when the 
analytical method does not meet site-specific quality criteria 
established in paragraph (q)(5) of this section.
    (ii) When the continuous automated sampling system is out of control 
as defined in paragraph (q)(4)(i) of this section, the owner or operator 
shall take the necessary corrective action and shall repeat all 
necessary tests that indicate that the system is out of control. The 
owner or operator shall take corrective action and conduct retesting 
until the performance requirements are within the applicable limits. The 
out-of-control period includes all hours that the sampling system was 
not collecting a representative sample or was malfunctioning, or hours 
represented by a sample for which the analysis did not meet the relevant 
quality criteria. Emissions data obtained during an out-of-control 
period shall not be used in determining compliance with the emission 
limits or to meet any data availability requirements in paragraph (p)(8) 
of this section.
    (iii) The owner or operator of a continuous automated sampling 
system that is out of control as defined in paragraph (q)(4) of this 
section shall submit all information concerning out-of-control periods, 
including start and end dates and hours and descriptions of corrective 
actions taken in the annual or semiannual compliance reports required in 
Sec.  60.59b(g) or (h).
    (5) Ongoing data quality assurance procedures for continuous 
automated sampling systems as described in paragraphs (q)(5)(i) and 
(q)(5)(ii) of this section.
    (i) Develop and implement a continuous automated sampling system and 
analysis quality control program. As part of the quality control 
program, the owner or operator shall develop and submit to EPA for 
approval, upon request, a site-specific performance evaluation test plan 
for the continuous automated sampling system performance evaluation 
required in paragraph (q)(5)(ii) of this section. In addition, each 
quality control program shall include, at a minimum, a written protocol 
that describes procedures for each of the operations described in 
paragraphs (q)(7)(i)(A) through (q)(7)(i)(F) of this section.
    (A) Correct placement, installation of the continuous automated 
sampling system such that the system is collecting a representative 
sample of gas;
    (B) Initial and subsequent calibration of flow such that the sample 
collection rate of the continuous automated sampling system is known and 
verifiable;
    (C) Procedures to assure representative (e.g., proportional or 
isokinetic) sampling;
    (D) Preventive maintenance of the continuous automated sampling 
system, including spare parts inventory and procedures for cleaning 
equipment, replacing sample collection media, or

[[Page 306]]

other servicing at the end of each sample collection period;
    (E) Data recording and reporting, including an automated indicator 
and recording device to show when the continuous automated monitoring 
system is operating and collecting data and when it is not collecting 
data;
    (F) Accuracy audit procedures for analytical methods; and
    (G) Program of corrective action for a malfunctioning continuous 
automated sampling system.
    (ii) The performance evaluation test plan shall include the 
evaluation program objectives, an evaluation program summary, the 
performance evaluation schedule, data quality objectives, and both an 
internal and external quality assurance program. Data quality objectives 
are the pre-evaluation expectations of precision, accuracy, and 
completeness of data. The internal quality assurance program shall 
include, at a minimum, the activities planned by routine operators and 
analysts to provide an assessment of continuous automated sampling 
system performance, for example, plans for relative accuracy testing 
using the appropriate reference method in 60.58b(p)(3), and an 
assessment of quality of analysis results. The external quality 
assurance program shall include, at a minimum, systems audits that 
include the opportunity for on-site evaluation by the Administrator of 
instrument calibration, data validation, sample logging, and 
documentation of quality control data and field maintenance activities.
    (6) Conduct a performance evaluation of each continuous automated 
sampling system in accordance with the site-specific monitoring plan.
    (7) Operate and maintain the continuous automated sampling system in 
continuous operation according to the site-specific monitoring plan.

[60 FR 65419, Dec. 19, 1995, as amended at 62 FR 45126, Aug. 25, 1997; 
65 FR 61753, Oct. 17, 2000; 66 FR 57827, Nov. 16, 2001; 71 FR 27337, May 
10, 2006]



Sec.  60.59b  Reporting and recordkeeping requirements.

    (a) The owner or operator of an affected facility with a capacity to 
combust greater than 250 tons per day shall submit, on or before the 
date the application for a construction permit is submitted under 40 CFR 
part 51, subpart I, or part 52, as applicable, the items specified in 
paragraphs (a)(1) through (a)(4) of this section.
    (1) The preliminary and final draft materials separation plans 
required by Sec.  60.57b(a)(1) and (a)(5).
    (2) A copy of the notification of the public meeting required by 
Sec.  60.57b(a)(1)(ii).
    (3) A transcript of the public meeting required by Sec.  
60.57b(a)(2).
    (4) A copy of the document summarizing responses to public comments 
required by Sec.  60.57b(a)(3).
    (b) The owner or operator of an affected facility with a capacity to 
combust greater than 250 tons per day shall submit a notification of 
construction, which includes the information specified in paragraphs 
(b)(1) through (b)(5) of this section.
    (1) Intent to construct.
    (2) Planned initial startup date.
    (3) The types of fuels that the owner or operator plans to combust 
in the affected facility.
    (4) The municipal waste combustor unit capacity, and supporting 
capacity calculations prepared in accordance with Sec.  60.58b(j).
    (5) Documents associated with the siting requirements under Sec.  
60.57b (a) and (b), as specified in paragraphs (b)(5)(i) through 
(b)(5)(v) of this section.
    (i) The siting analysis required by Sec.  60.57b (b)(1) and (b)(2).
    (ii) The final materials separation plan for the affected facility 
required by Sec.  60.57b(a)(10).
    (iii) A copy of the notification of the public meeting required by 
Sec.  60.57b(b)(3)(ii).
    (iv) A transcript of the public meeting required by Sec.  
60.57b(b)(4).
    (v) A copy of the document summarizing responses to public comments 
required by Sec.  60.57b (a)(9) and (b)(5).
    (c) The owner or operator of an air curtain incinerator subject to 
the opacity limit under Sec.  60.56b shall provide a notification of 
construction that includes the information specified in paragraphs 
(b)(1) through (b)(4) of this section.

[[Page 307]]

    (d) The owner or operator of an affected facility subject to the 
standards under Sec. Sec.  60.52b, 60.53b, 60.54b, 60.55b, and 60.57b 
shall maintain records of the information specified in paragraphs (d)(1) 
through (d)(15) of this section, as applicable, for each affected 
facility for a period of at least 5 years.
    (1) The calendar date of each record.
    (2) The emission concentrations and parameters measured using 
continuous monitoring systems as specified under paragraphs (d)(2)(i) 
and (d)(2)(ii) of this section.
    (i) The measurements specified in paragraphs (d)(2)(i)(A) through 
(d)(2)(i)(F) of this section shall be recorded and be available for 
submittal to the Administrator or review on site by an EPA or State 
inspector.
    (A) All 6-minute average opacity levels as specified under Sec.  
60.58b(c).
    (B) All 1-hour average sulfur dioxide emission concentrations as 
specified under Sec.  60.58b(e).
    (C) All 1-hour average nitrogen oxides emission concentrations as 
specified under Sec.  60.58b(h).
    (D) All 1-hour average carbon monoxide emission concentrations, 
municipal waste combustor unit load measurements, and particulate matter 
control device inlet temperatures as specified under Sec.  60.58b(i).
    (E) For owners and operators who elect to continuously monitor 
particulate matter, cadmium, lead, mercury, or hydrogen chloride 
emissions instead of conducting performance testing using EPA manual 
test methods, all 1-hour average particulate matter, cadmium, lead, 
mercury, or hydrogen chloride emission concentrations as specified under 
Sec.  60.58b(n).
    (ii) The average concentrations and percent reductions, as 
applicable, specified in paragraphs (d)(2)(ii)(A) through (d)(2)(ii)(F) 
of this section shall be computed and recorded, and shall be available 
for submittal to the Administrator or review on-site by an EPA or State 
inspector.
    (A) All 24-hour daily geometric average sulfur dioxide emission 
concentrations and all 24-hour daily geometric average percent 
reductions in sulfur dioxide emissions as specified under Sec.  
60.58b(e).
    (B) All 24-hour daily arithmetic average nitrogen oxides emission 
concentrations as specified under Sec.  60.58b(h).
    (C) All 4-hour block or 24-hour daily arithmetic average carbon 
monoxide emission concentrations, as applicable, as specified under 
Sec.  60.58b(i).
    (D) All 4-hour block arithmetic average municipal waste combustor 
unit load levels and particulate matter control device inlet 
temperatures as specified under Sec.  60.58b(i).
    (E) For owners and operators who elect to continuously monitor 
particulate matter, cadmium, lead, mercury, or hydrogen chloride 
emissions instead of conducting performance testing using EPA manual 
test methods, all 24-hour daily arithmetic average particulate matter, 
cadmium, lead, mercury, or hydrogen chloride emission concentrations as 
specified under Sec.  60.58b(n).
    (F) For owners and operators who elect to use a continuous automated 
sampling system to monitor mercury or dioxin/furan instead of conducting 
performance testing using EPA manual test methods, all integrated 24-
hour mercury concentrations or all integrated 2-week dioxin/furan 
concentrations as specified under Sec.  60.586(p).
    (3) Identification of the calendar dates when any of the average 
emission concentrations, percent reductions, or operating parameters 
recorded under paragraphs (d)(2)(ii)(A) through (d)(2)(ii)(F) of this 
section, or the opacity levels recorded under paragraph (d)(2)(i)(A) of 
this section are above the applicable limits, with reasons for such 
exceedances and a description of corrective actions taken.
    (4) For affected facilities that apply activated carbon for mercury 
or dioxin/furan control, the records specified in paragraphs (d)(4)(i) 
through (d)(4)(v) of this section.
    (i) The average carbon mass feed rate (in kilograms per hour or 
pounds per hour) estimated as required under Sec.  60.58b(m)(1)(i) of 
this section during the initial mercury performance test and all 
subsequent annual performance tests, with supporting calculations.
    (ii) The average carbon mass feed rate (in kilograms per hour or 
pounds per hour) estimated as required under

[[Page 308]]

Sec.  60.58b(m)(1)(ii) of this section during the initial dioxin/furan 
performance test and all subsequent annual performance tests, with 
supporting calculations.
    (iii) The average carbon mass feed rate (in kilograms per hour or 
pounds per hour) estimated for each hour of operation as required under 
Sec.  60.58b(m)(3)(ii) of this section, with supporting calculations.
    (iv) The total carbon usage for each calendar quarter estimated as 
specified by paragraph 60.58b(m)(3) of this section, with supporting 
calculations.
    (v) Carbon injection system operating parameter data for the 
parameter(s) that are the primary indicator(s) of carbon feed rate 
(e.g., screw feeder speed).
    (5) [Reserved]
    (6) Identification of the calendar dates and times (hours) for which 
valid hourly data specified in paragraphs (d)(6)(i) through (d)(6)(vi) 
of this section have not been obtained, or continuous automated sampling 
systems were not operated as specified in paragraph (d)(6)(vii) of this 
section, including reasons for not obtaining the data and a description 
of corrective actions taken.
    (i) Sulfur dioxide emissions data;
    (ii) Nitrogen oxides emissions data;
    (iii) Carbon monoxide emissions data;
    (iv) Municipal waste combustor unit load data;
    (v) Particulate matter control device temperature data; and
    (vi) For owners and operators who elect to continuously monitor 
particulate matter, cadmium, lead, mercury, or hydrogen chloride 
emissions instead of performance testing by EPA manual test methods, 
particulate matter, cadmium, lead, mercury, or hydrogen chloride 
emissions data.
    (vii) For owners and operators who elect to use continuous automated 
sampling systems for dioxins/furans or mercury as allowed under 
``60.58b(p) and (q), dates and times when the sampling systems were not 
operating or were not collecting a valid sample.
    (7) Identification of each occurrence that sulfur dioxide emissions 
data, nitrogen oxides emissions data, particulate matter emissions data, 
cadmium emissions data, lead emissions data, mercury emissions data, 
hydrogen chloride emissions data, or dioxin/furan emissions data (for 
owners and operators who elect to continuously monitor particulate 
matter, cadmium, lead, mercury, or hydrogen chloride, or who elect to 
use continuous automated sampling systems for dioxin/furan or mercury 
emissions, instead of conducting performance testing using EPA manual 
test methods) or operational data (i.e., carbon monoxide emissions, unit 
load, and particulate matter control device temperature) have been 
excluded from the calculation of average emission concentrations or 
parameters, and the reasons for excluding the data.
    (8) The results of daily drift tests and quarterly accuracy 
determinations for sulfur dioxide, nitrogen oxides, and carbon monoxide 
continuous emission monitoring systems, as required under appendix F of 
this part, procedure 1.
    (9) The test reports documenting the results of the initial 
performance test and all annual performance tests listed in paragraphs 
(d)(9)(i) and (d)(9)(ii) of this section shall be recorded along with 
supporting calculations.
    (i) The results of the initial performance test and all annual 
performance tests conducted to determine compliance with the particulate 
matter, opacity, cadmium, lead, mercury, dioxins/furans, hydrogen 
chloride, and fugitive ash emission limits.
    (ii) For the initial dioxin/furan performance test and all 
subsequent dioxin/furan performance tests recorded under paragraph 
(d)(9)(i) of this section, the maximum demonstrated municipal waste 
combustor unit load and maximum demonstrated particulate matter control 
device temperature (for each particulate matter control device).
    (10) An owner or operator who elects to continuously monitor 
emissions instead of performance testing by EPA manual methods must 
maintain records specified in paragraphs (10)(i) through (iii) of this 
section.
    (i) For owners and operators who elect to continuously monitor 
particulate matter instead of conducting performance testing using EPA 
manual test methods), as required under appendix F of this part, 
procedure 2, the results of daily drift tests and quarterly

[[Page 309]]

accuracy determinations for particulate matter.
    (ii) For owners and operators who elect to continuously monitor 
cadmium, lead, mercury, or hydrogen chloride instead of conducting EPA 
manual test methods, the results of all quality evaluations, such as 
daily drift tests and periodic accuracy determinations, specified in the 
approved site-specific performance evaluation test plan required by 
Sec.  60.58b(o)(5).
    (iii) For owners and operators who elect to use continuous automated 
sampling systems for dioxin/furan or mercury, the results of all quality 
evaluations specified in the approved site-specific performance 
evaluation test plan required by Sec.  60.58b(q)(5).
    (11) For each affected facility subject to the siting provisions 
under Sec.  60.57b, the siting analysis, the final materials separation 
plan, a record of the location and date of the public meetings, and the 
documentation of the responses to public comments received at the public 
meetings.
    (12) The records specified in paragraphs (d)(12)(i) through 
(d)(12)(iv) of this section.
    (i) Records showing the names of the municipal waste combustor chief 
facility operator, shift supervisors, and control room operators who 
have been provisionally certified by the American Society of Mechanical 
Engineers or an equivalent State-approved certification program as 
required by Sec.  60.54b(a) including the dates of initial and renewal 
certifications and documentation of current certification.
    (ii) Records showing the names of the municipal waste combustor 
chief facility operator, shift supervisors, and control room operators 
who have been fully certified by the American Society of Mechanical 
Engineers or an equivalent State-approved certification program as 
required by Sec.  60.54b(b) including the dates of initial and renewal 
certifications and documentation of current certification.
    (iii) Records showing the names of the municipal waste combustor 
chief facility operator, shift supervisors, and control room operators 
who have completed the EPA municipal waste combustor operator training 
course or a State-approved equivalent course as required by Sec.  
60.54b(d) including documentation of training completion.
    (iv) Records of when a certified operator is temporarily off site. 
Include two main items:
    (A) If the certified chief facility operator and certified shift 
supervisor are off site for more than 12 hours, but for 2 weeks or less, 
and no other certified operator is on site, record the dates that the 
certified chief facility operator and certified shift supervisor were 
off site.
    (B) When all certified chief facility operators and certified shift 
supervisors are off site for more than 2 weeks and no other certified 
operator is on site, keep records of four items:
    (1) Time of day that all certified persons are off site.
    (2) The conditions that cause those people to be off site.
    (3) The corrective actions taken by the owner or operator of the 
affected facility to ensure a certified chief facility operator or 
certified shift supervisor is on site as soon as practicable.
    (4) Copies of the written reports submitted every 4 weeks that 
summarize the actions taken by the owner or operator of the affected 
facility to ensure that a certified chief facility operator or certified 
shift supervisor will be on site as soon as practicable.
    (13) Records showing the names of persons who have completed a 
review of the operating manual as required by Sec.  60.54b(f) including 
the date of the initial review and subsequent annual reviews.
    (14) For affected facilities that apply activated carbon, 
identification of the calendar dates when the average carbon mass feed 
rates recorded under paragraph (d)(4)(iii) of this section were less 
than either of the hourly carbon feed rates estimated during performance 
tests for mercury emissions and recorded under paragraphs (d)(4)(i) and 
(d)(4)(ii) of this section, respectively, with reasons for such feed 
rates and a description of corrective actions taken. For affected 
facilities that apply activated carbon, identification of the calendar 
dates when the average carbon mass feed rates recorded under paragraph 
(d)(4)(iii) of this section

[[Page 310]]

were less than either of the hourly carbon feed rates estimated during 
performance tests for dioxin/furan emissions and recorded under 
paragraphs (d)(4)(i) and (d)(4)(ii) of this section, respectively, with 
reasons for such feed rates and a description of corrective actions 
taken.
    (15) For affected facilities that apply activated carbon for mercury 
or dioxin/furan control, identification of the calendar dates when the 
carbon injection system operating parameter(s) that are the primary 
indicator(s) of carbon mass feed rate (e.g., screw feeder speed) 
recorded under paragraph (d)(4)(v) of this section are below the 
level(s) estimated during the performance tests as specified in Sec.  
60.58b(m)(1)(i) and Sec.  60.58b(m)(1)(ii) of this section, with reasons 
for such occurrences and a description of corrective actions taken.
    (e) The owner or operator of an air curtain incinerator subject to 
the opacity limit under Sec.  60.56b shall maintain records of results 
of the initial opacity performance test and subsequent performance tests 
required by Sec.  60.58b(l) for a period of at least 5 years.
    (f) The owner or operator of an affected facility shall submit the 
information specified in paragraphs (f)(1) through (f)(6) of this 
section in the initial performance test report.
    (1) The initial performance test data as recorded under paragraphs 
(d)(2)(ii)(A) through (d)(2)(ii)(D) of this section for the initial 
performance test for sulfur dioxide, nitrogen oxides, carbon monoxide, 
municipal waste combustor unit load level, and particulate matter 
control device inlet temperature.
    (2) The test report documenting the initial performance test 
recorded under paragraph (d)(9) of this section for particulate matter, 
opacity, cadmium, lead, mercury, dioxins/furans, hydrogen chloride, and 
fugitive ash emissions.
    (3) The performance evaluation of the continuous emission monitoring 
system using the applicable performance specifications in appendix B of 
this part.
    (4) The maximum demonstrated municipal waste combustor unit load and 
maximum demonstrated particulate matter control device inlet 
temperature(s) established during the initial dioxin/furan performance 
test as recorded under paragraph (d)(9) of this section.
    (5) For affected facilities that apply activated carbon injection 
for mercury control, the owner or operator shall submit the average 
carbon mass feed rate recorded under paragraph (d)(4)(i) of this 
section.
    (6) For those affected facilities that apply activated carbon 
injection for dioxin/furan control, the owner or operator shall submit 
the average carbon mass feed rate recorded under paragraph (d)(4)(ii) of 
this section.
    (g) Following the first year of municipal waste combustor operation, 
the owner or operator of an affected facility shall submit an annual 
report that includes the information specified in paragraphs (g)(1) 
through (g)(5) of this section, as applicable, no later than February 1 
of each year following the calendar year in which the data were 
collected (once the unit is subject to permitting requirements under 
title V of the Act, the owner or operator of an affected facility must 
submit these reports semiannually).
    (1) A summary of data collected for all pollutants and parameters 
regulated under this subpart, which includes the information specified 
in paragraphs (g)(1)(i) through (g)(1)(v) of this section.
    (i) A list of the particulate matter, opacity, cadmium, lead, 
mercury, dioxins/furans, hydrogen chloride, and fugitive ash emission 
levels achieved during the performance tests recorded under paragraph 
(d)(9) of this section.
    (ii) A list of the highest emission level recorded for sulfur 
dioxide, nitrogen oxides, carbon monoxide, particulate matter, cadmium, 
lead, mercury, hydrogen chloride, and dioxin/furan (for owners and 
operators who elect to continuously monitor particulate matter, cadmium, 
lead, mercury, hydrogen chloride, and dioxin/furan emissions instead of 
conducting performance testing using EPA manual test methods), municipal 
waste combustor unit load level, and particulate matter control device 
inlet temperature based on the data recorded under paragraphs 
(d)(2)(ii)(A) through (d)(2)(ii)(E) of this section.

[[Page 311]]

    (iii) List the highest opacity level measured, based on the data 
recorded under paragraph (d)(2)(i)(A) of this section.
    (iv) Periods when valid data were not obtained as described in 
paragraphs (g)(1)(iv)(A) through (g)(1)(iv)(C) of this section.
    (A) The total number of hours per calendar quarter and hours per 
calendar year that valid data for sulfur dioxide, nitrogen oxides, 
carbon monoxide, municipal waste combustor unit load, or particulate 
matter control device temperature data were not obtained based on the 
data recorded under paragraph (d)(6) of this section.
    (B) For owners and operators who elect to continuously monitor 
particulate matter, cadmium, lead, mercury, and hydrogen chloride 
emissions instead of conducting performance testing using EPA manual 
test methods, the total number of hours per calendar quarter and hours 
per calendar year that valid data for particulate matter, cadmium, lead, 
mercury, and hydrogen chloride were not obtained based on the data 
recorded under paragraph (d)(6) of this section. For each continuously 
monitored pollutant or parameter, the hours of valid emissions data per 
calendar quarter and per calendar year expressed as a percent of the 
hours per calendar quarter or year that the affected facility was 
operating and combusting municipal solid waste.
    (C) For owners and operators who elect to use continuous automated 
sampling systems for dioxin/furan or mercury, the total number of hours 
per calendar quarter and hours per calendar year that the sampling 
systems were not operating or were not collecting a valid sample based 
on the data recorded under paragraph (d)(6)(vii) of this section. Also, 
the number of hours during which the continuous automated sampling 
system was operating and collecting a valid sample as a percent of hours 
per calendar quarter or year that the affected facility was operating 
and combusting municipal solid waste.
    (v) Periods when valid data were excluded from the calculation of 
average emission concentrations or parameters as described in paragraphs 
(g)(1)(v)(A) through (g)(1)(v)(C) of this section.
    (A) The total number of hours that data for sulfur dioxide, nitrogen 
oxides, carbon monoxide, municipal waste combustor unit load, and 
particulate matter control device temperature were excluded from the 
calculation of average emission concentrations or parameters based on 
the data recorded under paragraph (d)(7) of this section.
    (B) For owners and operators who elect to continuously monitor 
particulate matter, cadmium, lead, mercury, or hydrogen chloride 
emissions instead of conducting performance testing using EPA manual 
test methods, the total number of hours that data for particulate 
matter, cadmium, lead, mercury, or hydrogen chloride were excluded from 
the calculation of average emission concentrations or parameters based 
on the data recorded under paragraph (d)(7) of this section.
    (C) For owners and operators who elect to use continuous automated 
sampling systems for dioxin/furan or mercury, the total number of hours 
that data for mercury and dioxin/furan were excluded from the 
calculation of average emission concentrations or parameters based on 
the data recorded under paragraph (d)(7) of this section.
    (2) The summary of data reported under paragraph (g)(1) of this 
section shall also provide the types of data specified in paragraphs 
(g)(1)(i) through (g)(1)(vi) of this section for the calendar year 
preceding the year being reported, in order to provide the Administrator 
with a summary of the performance of the affected facility over a 2-year 
period.
    (3) The summary of data including the information specified in 
paragraphs (g)(1) and (g)(2) of this section shall highlight any 
emission or parameter levels that did not achieve the emission or 
parameter limits specified under this subpart.
    (4) A notification of intent to begin the reduced dioxin/furan 
performance testing schedule specified in Sec.  60.58b(g)(5)(iii) of 
this section during the following calendar year and notification of 
intent to apply the average carbon mass feed rate and associated carbon 
injection system operating parameter levels as established in Sec.  
60.58b(m) to similarly designed and equipped units on site.

[[Page 312]]

    (5) Documentation of periods when all certified chief facility 
operators and certified shift supervisors are off site for more than 12 
hours.
    (h) The owner or operator of an affected facility shall submit a 
semiannual report that includes the information specified in paragraphs 
(h)(1) through (h)(5) of this section for any recorded pollutant or 
parameter that does not comply with the pollutant or parameter limit 
specified under this subpart, according to the schedule specified under 
paragraph (h)(6) of this section.
    (1) The semiannual report shall include information recorded under 
paragraph (d)(3) of this section for sulfur dioxide, nitrogen oxides, 
carbon monoxide, particulate matter, cadmium, lead, mercury, hydrogen 
chloride, dioxin/furan (for owners and operators who elect to 
continuously monitor particulate matter, cadmium, lead, mercury, or 
hydrogen chloride, or who elect to use continuous automated sampling 
systems for dioxin/furan or mercury emissions, instead of conducting 
performance testing using EPA manual test methods) municipal waste 
combustor unit load level, particulate matter control device inlet 
temperature, and opacity.
    (2) For each date recorded as required by paragraph (d)(3) of this 
section and reported as required by paragraph (h)(1) of this section, 
the semiannual report shall include the sulfur dioxide, nitrogen oxides, 
carbon monoxide, municipal waste combustor unit load level, particulate 
matter control device inlet temperature, or opacity data, as applicable, 
recorded under paragraphs (d)(2)(ii)(A) through (d)(2)(ii)(D) and 
(d)(2)(i)(A) of this section, as applicable.
    (3) If the test reports recorded under paragraph (d)(9) of this 
section document any particulate matter, opacity, cadmium, lead, 
mercury, dioxins/furans, hydrogen chloride, and fugitive ash emission 
levels that were above the applicable pollutant limits, the semiannual 
report shall include a copy of the test report documenting the emission 
levels and the corrective actions taken.
    (4) The semiannual report shall include the information recorded 
under paragraph (d)(15) of this section for the carbon injection system 
operating parameter(s) that are the primary indicator(s) of carbon mass 
feed rate.
    (5) For each operating date reported as required by paragraph (h)(4) 
of this section, the semiannual report shall include the carbon feed 
rate data recorded under paragraph (d)(4)(iii) of this section.
    (6) Semiannual reports required by paragraph (h) of this section 
shall be submitted according to the schedule specified in paragraphs 
(h)(6)(i) and (h)(6)(ii) of this section.
    (i) If the data reported in accordance with paragraphs (h)(1) 
through (h)(5) of this section were collected during the first calendar 
half, then the report shall be submitted by August 1 following the first 
calendar half.
    (ii) If the data reported in accordance with paragraphs (h)(1) 
through (h)(5) of this section were collected during the second calendar 
half, then the report shall be submitted by February 1 following the 
second calendar half.
    (i) The owner or operator of an air curtain incinerator subject to 
the opacity limit under Sec.  60.56b shall submit the results of the 
initial opacity performance test and all subsequent annual performance 
tests recorded under paragraph (e) of this section. Annual performance 
tests shall be submitted by February 1 of the year following the year of 
the performance test.
    (j) All reports specified under paragraphs (a), (b), (c), (f), (g), 
(h), and (i) of this section shall be submitted as a paper copy, 
postmarked on or before the submittal dates specified under these 
paragraphs, and maintained onsite as a paper copy for a period of 5 
years.
    (k) All records specified under paragraphs (d) and (e) of this 
section shall be maintained onsite in either paper copy or computer-
readable format, unless an alternative format is approved by the 
Administrator.
    (l) If the owner or operator of an affected facility would prefer a 
different annual or semiannual date for submitting the periodic reports 
required by paragraphs (g), (h) and (i) of this section, then the dates 
may be changed by mutual agreement between the owner

[[Page 313]]

or operator and the Administrator according to the procedures specified 
in Sec.  60.19(c) of subpart A of this part.
    (m) Owners and operators who elect to continuously monitor 
particulate matter, cadmium, lead, mercury, or hydrogen chloride, or who 
elect to use continuous automated sampling systems for dioxin/furan or 
mercury emissions, instead of conducting performance testing using EPA 
manual test methods must notify the Administrator one month prior to 
starting or stopping use of the particulate matter, cadmium, lead, 
mercury, hydrogen chloride, and dioxin/furan continuous emission 
monitoring systems or continuous automated sampling systems.
    (n) Additional recordkeeping and reporting requirements for affected 
facilities with continuous cadmium, lead, mercury, or hydrogen chloride 
monitoring systems. In addition to complying with the requirements 
specified in paragraphs (a) through (m) of this section, the owner or 
operator of an affected source who elects to install a continuous 
emission monitoring system for cadmium, lead, mercury, or hydrogen 
chloride as specified in Sec.  60.58b(n), shall maintain the records in 
paragraphs (n)(1) through (n)(10) of this section and report the 
information in paragraphs (n)(11) through (n)(12) of this section, 
relevant to the continuous emission monitoring system:
    (1) All required continuous emission monitoring measurements 
(including monitoring data recorded during unavoidable continuous 
emission monitoring system breakdowns and out-of-control periods);
    (2) The date and time identifying each period during which the 
continuous emission monitoring system was inoperative except for zero 
(low-level) and high-level checks;
    (3) The date and time identifying each period during which the 
continuous emission monitoring system was out of control, as defined in 
Sec.  60.58b(o)(4);
    (4) The specific identification (i.e., the date and time of 
commencement and completion) of each period of excess emissions and 
parameter monitoring exceedances, as defined in the standard, that 
occurs during startups, shutdowns, and malfunctions of the affected 
source;
    (5) The specific identification (i.e., the date and time of 
commencement and completion) of each time period of excess emissions and 
parameter monitoring exceedances, as defined in the standard, that 
occurs during periods other than startups, shutdowns, and malfunctions 
of the affected source;
    (6) The nature and cause of any malfunction (if known);
    (7) The corrective action taken to correct any malfunction or 
preventive measures adopted to prevent further malfunctions;
    (8) The nature of the repairs or adjustments to the continuous 
emission monitoring system that was inoperative or out of control;
    (9) All procedures that are part of a quality control program 
developed and implemented for the continuous emission monitoring system 
under Sec.  60.58b(o);
    (10) When more than one continuous emission monitoring system is 
used to measure the emissions from one affected source (e.g., multiple 
breechings, multiple outlets), the owner or operator shall report the 
results as required for each continuous emission monitoring system.
    (11) Submit to EPA for approval, the site-specific monitoring plan 
required by Sec.  60.58b(n)(13) and Sec.  60.58b(o), including the site-
specific performance evaluation test plan for the continuous emission 
monitoring system required by Sec.  60.58(b)(o)(5). The owner or 
operator shall maintain copies of the site-specific monitoring plan on 
record for the life of the affected source to be made available for 
inspection, upon request, by the Administrator. If the site-specific 
monitoring plan is revised and approved, the owner or operator shall 
keep previous (i.e., superseded) versions of the plan on record to be 
made available for inspection, upon request, by the Administrator, for a 
period of 5 years after each revision to the plan.
    (12) Submit information concerning all out-of-control periods for 
each continuous emission monitoring system, including start and end 
dates and hours and descriptions of corrective actions

[[Page 314]]

taken, in the annual or semiannual reports required in paragraphs (g) or 
(h) of this section.
    (o) Additional recordkeeping and reporting requirements for affected 
facilities with continuous automated sampling systems for dioxin/furan 
or mercury monitoring. In addition to complying with the requirements 
specified in paragraphs (a) through (m) of this section, the owner or 
operator of an affected source who elects to install a continuous 
automated sampling system for dioxin/furan or mercury, as specified in 
Sec.  60.58b(p), shall maintain the records in paragraphs (o)(1) through 
(o)(10) of this section and report the information in (o)(11) and 
(o)(12) of this section, relevant to the continuous automated sampling 
system:
    (1) All required 24-hour integrated mercury concentration or 2-week 
integrated dioxin/furan concentration data (including any data obtained 
during unavoidable system breakdowns and out-of-control periods);
    (2) The date and time identifying each period during which the 
continuous automated sampling system was inoperative;
    (3) The date and time identifying each period during which the 
continuous automated sampling system was out of control, as defined in 
Sec.  60.58b(q)(4);
    (4) The specific identification (i.e., the date and time of 
commencement and completion) of each period of excess emissions and 
parameter monitoring exceedances, as defined in the standard, that 
occurs during startups, shutdowns, and malfunctions of the affected 
source;
    (5) The specific identification (i.e., the date and time of 
commencement and completion) of each time period of excess emissions and 
parameter monitoring exceedances, as defined in the standard, that 
occurs during periods other than startups, shutdowns, and malfunctions 
of the affected source;
    (6) The nature and cause of any malfunction (if known);
    (7) The corrective action taken to correct any malfunction or 
preventive measures adopted to prevent further malfunctions;
    (8) The nature of the repairs or adjustments to the continuous 
automated sampling system that was inoperative or out of control;
    (9) All procedures that are part of a quality control program 
developed and implemented for the continuous automated sampling system 
under Sec.  60.58b(q);
    (10) When more than one continuous automated sampling system is used 
to measure the emissions from one affected source (e.g., multiple 
breechings, multiple outlets), the owner or operator shall report the 
results as required for each system.
    (11) Submit to EPA for approval, the site-specific monitoring plan 
required by Sec.  60.58b(p)(11) and Sec.  60.58b(q) including the site-
specific performance evaluation test plan for the continuous emission 
monitoring system required by Sec.  60.58(b)(q)(5). The owner or 
operator shall maintain copies of the site-specific monitoring plan on 
record for the life of the affected source to be made available for 
inspection, upon request, by the Administrator. If the site-specific 
monitoring plan is revised and approved, the owner or operator shall 
keep previous (i.e., superseded) versions of the plan on record to be 
made available for inspection, upon request, by the Administrator, for a 
period of 5 years after each revision to the plan.
    (12) Submit information concerning all out-of-control periods for 
each continuous automated sampling system, including start and end dates 
and hours and descriptions of corrective actions taken in the annual or 
semiannual reports required in paragraphs (g) or (h) of this section.

[60 FR 65419, Dec. 19, 1995, as amended at 62 FR 45121, 45127, Aug. 25, 
1997; 71 FR 27345, May 10, 2006]



    Subpart Ec_Standards of Performance for New Stationary Sources: 
             Hospital/Medical/Infectious Waste Incinerators

    Source: 62 FR 48382, Sept. 15, 1997, unless otherwise noted.

[[Page 315]]



Sec.  60.50c  Applicability and delegation of authority.

    (a) Except as provided in paragraphs (b) through (h) of this 
section, the affected facility to which this subpart applies is each 
individual hospital/medical/infectious waste incinerator (HMIWI):
    (1) For which construction is commenced after June 20, 1996 but no 
later than December 1, 2008; or
    (2) For which modification is commenced after March 16, 1998 but no 
later than April 6, 2010.
    (3) For which construction is commenced after December 1, 2008; or
    (4) For which modification is commenced after April 6, 2010.
    (b) A combustor is not subject to this subpart during periods when 
only pathological waste, low-level radioactive waste, and/or 
chemotherapeutic waste (all defined in Sec.  60.51c) is burned, provided 
the owner or operator of the combustor:
    (1) Notifies the Administrator of an exemption claim; and
    (2) Keeps records on a calendar quarter basis of the periods of time 
when only pathological waste, low-level radioactivewaste and/or 
chemotherapeutic waste is burned.
    (c) Any co-fired combustor (defined in Sec.  60.51c) is not subject 
to this subpart if the owner or operator of the co-fired combustor:
    (1) Notifies the Administrator of an exemption claim;
    (2) Provides an estimate of the relative amounts of hospital waste, 
medical/infectious waste, and other fuels and wastes to be combusted; 
and
    (3) Keeps records on a calendar quarter basis of the weight of 
hospital waste and medical/infectious waste combusted, and the weight of 
all other fuels and wastes combusted at the co-fired combustor.
    (d) Any combustor required to have a permit under section 3005 of 
the Solid Waste Disposal Act is not subject to this subpart.
    (e) Any combustor which meets the applicability requirements under 
subpart Cb, Ea, or Eb of this part (standards or guidelines for certain 
municipal waste combustors) is not subject to this subpart.
    (f) Any pyrolysis unit (defined in Sec.  60.51c) is not subject to 
this subpart.
    (g) Cement kilns firing hospital waste and/or medical/infectious 
waste are not subject to this subpart.
    (h) Physical or operational changes made to an existing HMIWI solely 
for the purpose of complying with emission guidelines under subpart Ce 
are not considered a modification and do not result in an existing HMIWI 
becoming subject to this subpart.
    (i) In delegating implementation and enforcement authority to a 
State under section 111(c) of the Clean Air Act, the following 
authorities shall be retained by the Administrator and not transferred 
to a State:
    (1) The requirements of Sec. 60.56c(i) establishing operating 
parameters when using controls other than those listed in Sec. 
60.56c(d).
    (2) Approval of alternative methods of demonstrating compliance 
under Sec.  60.8 including:
    (i) Approval of CEMS for PM, HCl, multi-metals, and Hg where used 
for purposes of demonstrating compliance,
    (ii) Approval of continuous automated sampling systems for dioxin/
furan and Hg where used for purposes of demonstrating compliance, and
    (iii) Approval of major alternatives to test methods;
    (3) Approval of major alternatives to monitoring;
    (4) Waiver of recordkeeping requirements; and
    (5) Performance test and data reduction waivers under Sec.  60.8(b).
    (j) Affected facilities subject to this subpart are not subject to 
the requirements of 40 CFR part 64.
    (i) Approval of CEMS for PM, HCl, multi-metals, and Hg where used 
for purposes of demonstrating compliance,
    (ii) Approval of continuous automated sampling systems for dioxin/
furan and Hg where used for purposes of demonstrating compliance, and
    (iii) Approval of major alternatives to test methods;
    (3) Approval of major alternatives to monitoring;
    (4) Waiver of recordkeeping requirements; and
    (5) Performance test and data reduction waivers under Sec.  60.8(b).

[[Page 316]]

    (k) The requirements of this subpart shall become effective March 
16, 1998
    (l) Beginning September 15, 2000, or on the effective date of an 
EPA-approved operating permit program under Clean Air Act title V and 
the implementing regulations under 40 CFR part 70 in the State in which 
the unit is located, whichever date is later, affected facilities 
subject to this subpart shall operate pursuant to a permit issued under 
the EPA approved State operating permit program.
    (m) The requirements of this subpart as promulgated on September 15, 
1997, shall apply to the affected facilities defined in paragraph (a)(1) 
and (2) of this section until the applicable compliance date of the 
requirements of subpart Ce of this part, as amended on October 6, 2009. 
Upon the compliance date of the requirements of the amended subpart Ce 
of this part, affected facilities as defined in paragraph (a) of this 
section are no longer subject to the requirements of this subpart, but 
are subject to the requirements of subpart Ce of this part, as amended 
on October 6, 2009, except where the emissions limits of this subpart as 
promulgated on September 15, 1997 are more stringent than the emissions 
limits of the amended subpart Ce of this part. Compliance with subpart 
Ce of this part, as amended on October 6, 2009 is required on or before 
the date 3 years after EPA approval of the State plan for States in 
which an affected facility as defined in paragraph (a) of this section 
is located (but not later than the date 5 years after promulgation of 
the amended subpart).
    (n) The requirements of this subpart, as amended on October 6, 2009, 
shall become effective April 6, 2010.

[62 FR 48382, Sept. 15, 1997, as amended at 74 FR 51408, Oct. 6, 2009]



Sec.  60.51c  Definitions.

    Bag leak detection system means an instrument that is capable of 
monitoring PM loadings in the exhaust of a fabric filter in order to 
detect bag failures. A bag leak detection system includes, but is not 
limited to, an instrument that operates on triboelectric, light-
scattering, light-transmittance, or other effects to monitor relative PM 
loadings.
    Batch HMIWI means an HMIWI that is designed such that neither waste 
charging nor ash removal can occur during combustion.
    Biologicals means preparations made from living organisms and their 
products, including vaccines, cultures, etc., intended for use in 
diagnosing, immunizing, or treating humans or animals or in research 
pertaining thereto.
    Blood products means any product derived from human blood, including 
but not limited to blood plasma, platelets, red or white blood 
corpuscles, and other derived licensed products, such as interferon, 
etc.
    Body fluids means liquid emanating or derived from humans and 
limited to blood; dialysate; amniotic, cerebrospinal, synovial, pleural, 
peritoneal and pericardial fluids; and semen and vaginal secretions.
    Bypass stack means a device used for discharging combustion gases to 
avoid severe damage to the air pollution control device or other 
equipment.
    Chemotherapeutic waste means waste material resulting from the 
production or use of antineoplastic agents used for the purpose of 
stopping or reversing the growth of malignant cells.
    Co-fired combustor means a unit combusting hospital waste and/or 
medical/infectious waste with other fuels or wastes (e.g., coal, 
municipal solid waste) and subject to an enforceable requirement 
limiting the unit to combusting a fuel feed stream, 10 percent or less 
of the weight of which is comprised, in aggregate, of hospital waste and 
medical/infectious waste as measured on a calendar quarter basis. For 
purposes of this definition, pathological waste, chemotherapeutic waste, 
and low-level radioactive waste are considered ``other'' wastes when 
calculating the percentage of hospital waste and medical/infectious 
waste combusted.
    Commercial HMIWI means a HMIWI which offers incineration services 
for hospital/medical/infectious waste generated offsite by firms 
unrelated to the firm that owns the HMIWI.
    Continuous emission monitoring system or CEMS means a monitoring 
system for continuously measuring and recording the emissions of a 
pollutant from an affected facility.

[[Page 317]]

    Continuous HMIWI means an HMIWI that is designed to allow waste 
charging and ash removal during combustion.
    Dioxins/furans means the combined emissions of tetra-through octa-
chlorinated dibenzo-para-dioxins and dibenzofurans, as measured by EPA 
Reference Method 23.
    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 gases in the 
HMIWI exhaust stream forming a dry powder material.
    Fabric filter or baghouse means an add-on air pollution control 
system that removes particulate matter (PM) and nonvaporous metals 
emissions by passing flue gas through filter bags.
    Facilities manager means the individual in charge of purchasing, 
maintaining, and operating the HMIWI or the owner's or operator's 
representative responsible for the management of the HMIWI. Alternative 
titles may include director of facilities or vice president of support 
services.
    High-air phase means the stage of the batch operating cycle when the 
primary chamber reaches and maintains maximum operating temperatures.
    Hospital means any facility which has an organized medical staff, 
maintains at least six inpatient beds, and where the primary function of 
the institution is to provide diagnostic and therapeutic patient 
services and continuous nursing care primarily to human inpatients who 
are not related and who stay on average in excess of 24 hours per 
admission. This definition does not include facilities maintained for 
the sole purpose of providing nursing or convalescent care to human 
patients who generally are not acutely ill but who require continuing 
medical supervision.
    Hospital/medical/infectious waste incinerator or HMIWI or HMIWI unit 
means any device that combusts any amount of hospital waste and/or 
medical/infectious waste.
    Hospital/medical/infectious waste incinerator operator or HMIWI 
operator means any person who operates, controls or supervises the day-
to-day operation of an HMIWI.
    Hospital waste means discards generated at a hospital, except unused 
items returned to the manufacturer. The definition of hospital waste 
does not include human corpses, remains, and anatomical parts that are 
intended for interment or cremation.
    Infectious agent means any organism (such as a virus or bacteria) 
that is capable of being communicated by invasion and multiplication in 
body tissues and capable of causing disease or adverse health impacts in 
humans.
    Intermittent HMIWI means an HMIWI that is designed to allow waste 
charging, but not ash removal, during combustion.
    Large HMIWI means:
    (1) Except as provided in (2);
    (i) An HMIWI whose maximum design waste burning capacity is more 
than 500 pounds per hour; or
    (ii) A continuous or intermittent HMIWI whose maximum charge rate is 
more than 500 pounds per hour; or
    (iii) A batch HMIWI whose maximum charge rate is more than 4,000 
pounds per day.
    (2) The following are not large HMIWI:
    (i) A continuous or intermittent HMIWI whose maximum charge rate is 
less than or equal to 500 pounds per hour; or
    (ii) A batch HMIWI whose maximum charge rate is less than or equal 
to 4,000 pounds per day.
    Low-level radioactive waste means waste material which contains 
radioactive nuclides emitting primarily beta or gamma radiation, or 
both, in concentrations or quantities that exceed applicable federal or 
State standards for unrestricted release. Low-level radioactive waste is 
not high-level radioactive waste, spent nuclear fuel, or by-product 
material as defined by the Atomic Energy Act of 1954 (42 U.S.C. 
2014(e)(2)).
    Malfunction means any sudden, infrequent, and not reasonably 
preventable failure of air pollution control equipment, process 
equipment, or a process to operate in a normal or usual manner. Failures 
that are caused, in part, by poor maintenance or careless operation are 
not malfunctions. During periods of malfunction the operator shall 
operate within established parameters

[[Page 318]]

as much as possible, and monitoring of all applicable operating 
parameters shall continue until all waste has been combusted or until 
the malfunction ceases, whichever comes first.
    Maximum charge rate means:
    (1) For continuous and intermittent HMIWI, 110 percent of the lowest 
3-hour average charge rate measured during the most recent performance 
test demonstrating compliance with all applicable emission limits.
    (2) For batch HMIWI, 110 percent of the lowest daily charge rate 
measured during the most recent performance test demonstrating 
compliance with all applicable emission limits.
    Maximum design waste burning capacity means:
    (1) For intermittent and continuous HMIWI,

C = PV x 15,000/8,500

Where:

C = HMIWI capacity, lb/hr
PV = primary chamber volume, ft\3\
15,000 = primary chamber heat release rate factor, Btu/ft\3\/hr
8,500 = standard waste heating value, Btu/lb;

    (2) For batch HMIWI,

C = PV x 4.5/8

Where:

C = HMIWI capacity, lb/hr
PV = primary chamber volume, ft\3\
4.5 = waste density, lb/ft\3\
8 = typical hours of operation of a batch HMIWI, hours.

    Maximum fabric filter inlet temperature means 110 percent of the 
lowest 3-hour average temperature at the inlet to the fabric filter 
(taken, at a minimum, once every minute) measured during the most recent 
performance test demonstrating compliance with the dioxin/furan emission 
limit.
    Maximum flue gas temperature means 110 percent of the lowest 3-hour 
average temperature at the outlet from the wet scrubber (taken, at a 
minimum, once every minute) measured during the most recent performance 
test demonstrating compliance with the mercury (Hg) emission limit.
    Medical/infectious waste means any waste generated in the diagnosis, 
treatment, or immunization of human beings or animals, in research 
pertaining thereto, or in the production or testing of biologicals that 
are listed in paragraphs (1) through (7) of this definition. The 
definition of medical/infectious waste does not include hazardous waste 
identified or listed under the regulations in part 261 of this chapter; 
household waste, as defined in Sec.  261.4(b)(1) of this chapter; ash 
from incineration of medical/infectious waste, once the incineration 
process has been completed; human corpses, remains, and anatomical parts 
that are intended for interment or cremation; and domestic sewage 
materials identified in Sec.  261.4(a)(1) of this chapter.
    (1) Cultures and stocks of infectious agents and associated 
biologicals, including: Cultures from medical and pathological 
laboratories; cultures and stocks of infectious agents from research and 
industrial laboratories; wastes from the production of biologicals; 
discarded live and attenuated vaccines; and culture dishes and devices 
used to transfer, inoculate, and mix cultures.
    (2) Human pathological waste, including tissues, organs, and body 
parts and body fluids that are removed during surgery or autopsy, or 
other medical procedures, and specimens of body fluids and their 
containers.
    (3) Human blood and blood products including:
    (i) Liquid waste human blood;
    (ii) Products of blood;
    (iii) Items saturated and/or dripping with human blood; or
    (iv) Items that were saturated and/or dripping with human blood that 
are now caked with dried human blood; including serum, plasma, and other 
blood components, and their containers, which were used or intended for 
use in either patient care, testing and laboratory analysis or the 
development of pharmaceuticals. Intravenous bags are also included in 
this category.
    (4) Sharps that have been used in animal or human patient care or 
treatment or in medical, research, or industrial laboratories, including 
hypodermic needles, syringes (with or without the attached needle), 
pasteur pipettes, scalpel blades, blood vials, needles with attached 
tubing, and culture dishes (regardless of presence of infectious 
agents). Also included are other types of broken or unbroken glassware

[[Page 319]]

that were in contact with infectious agents, such as used slides and 
cover slips.
    (5) Animal waste including contaminated animal carcasses, body 
parts, and bedding of animals that were known to have been exposed to 
infectious agents during research (including research in veterinary 
hospitals), production of biologicals or testing of pharmaceuticals.
    (6) Isolation wastes including biological waste and discarded 
materials contaminated with blood, excretions, exudates, or secretions 
from humans who are isolated to protect others from certain highly 
communicable diseases, or isolated animals known to be infected with 
highly communicable diseases.
    (7) Unused sharps including the following unused, discarded sharps: 
hypodermic needles, suture needles, syringes, and scalpel blades.
    Medium HMIWI means:
    (1) Except as provided in paragraph (2);
    (i) An HMIWI whose maximum design waste burning capacity is more 
than 200 pounds per hour but less than or equal to 500 pounds per hour; 
or
    (ii) A continuous or intermittent HMIWI whose maximum charge rate is 
more than 200 pounds per hour but less than or equal to 500 pounds per 
hour; or
    (iii) A batch HMIWI whose maximum charge rate is more than 1,600 
pounds per day but less than or equal to 4,000 pounds per day.
    (2) The following are not medium HMIWI:
    (i) A continuous or intermittent HMIWI whose maximum charge rate is 
less than or equal to 200 pounds per hour or more than 500 pounds per 
hour; or
    (ii) A batch HMIWI whose maximum charge rate is more than 4,000 
pounds per day or less than or equal to 1,600 pounds per day.
    Minimum dioxin/furan sorbent flow rate means 90 percent of the 
highest 3-hour average dioxin/furan sorbent flow rate (taken, at a 
minimum, once every hour) measured during the most recent performance 
test demonstrating compliance with the dioxin/furan emission limit.
    Minimum Hg sorbent flow rate means 90 percent of the highest 3-hour 
average Hg sorbent flow rate (taken, at a minimum, once every hour) 
measured during the most recent performance test demonstrating 
compliance with the Hg emission limit.
    Minimum hydrogen chloride (HCl) sorbent flow rate means 90 percent 
of the highest 3-hour average HCl sorbent flow rate (taken, at a 
minimum, once every hour) measured during the most recent performance 
test demonstrating compliance with the HCl emission limit.
    Minimum horsepower or amperage means 90 percent of the highest 3-
hour average horsepower or amperage to the wet scrubber (taken, at a 
minimum, once every minute) measured during the most recent performance 
test demonstrating compliance with the applicable emission limits.
    Minimum pressure drop across the wet scrubber means 90 percent of 
the highest 3-hour average pressure drop across the wet scrubber PM 
control device (taken, at a minimum, once every minute) measured during 
the most recent performance test demonstrating compliance with the PM 
emission limit.
    Minimum reagent flow rate means 90 percent of the highest 3-hour 
average reagent flow rate at the inlet to the selective noncatalytic 
reduction technology (taken, at a minimum, once every minute) measured 
during the most recent performance test demonstrating compliance with 
the NOX emissions limit.
    Minimum scrubber liquor flow rate means 90 percent of the highest 3-
hour average liquor flow rate at the inlet to the wet scrubber (taken, 
at a minimum, once every minute) measured during the most recent 
performance test demonstrating compliance with all applicable emission 
limits.
    Minimum scrubber liquor pH means 90 percent of the highest 3-hour 
average liquor pH at the inlet to the wet scrubber (taken, at a minimum, 
once every minute) measured during the most recent performance test 
demonstrating compliance with the HCl emission limit.
    Minimum secondary chamber temperature means 90 percent of the 
highest 3-

[[Page 320]]

hour average secondary chamber temperature (taken, at a minimum, once 
every minute) measured during the most recent performance test 
demonstrating compliance with the PM, CO, dioxin/furan, and 
NOX emissions limits.
    Modification or Modified HMIWI means any change to an HMIWI unit 
after the effective date of these standards such that:
    (1) The cumulative costs of the modifications, over the life of the 
unit, exceed 50 per centum of the original cost of the construction and 
installation of the unit (not including the cost of any land purchased 
in connection with such construction or installation) updated to current 
costs, or
    (2) The change involves a physical change in or change in the method 
of operation of the unit which increases the amount of any air pollutant 
emitted by the unit for which standards have been established under 
section 129 or section 111.
    Operating day means a 24-hour period between 12:00 midnight and the 
following midnight during which any amount of hospital waste or medical/
infectious waste is combusted at any time in the HMIWI.
    Operation means the period during which waste is combusted in the 
incinerator excluding periods of startup or shutdown.
    Particulate matter or PM means the total particulate matter emitted 
from an HMIWI as measured by EPA Reference Method 5 or EPA Reference 
Method 29.
    Pathological waste means waste material consisting of only human or 
animal remains, anatomical parts, and/or tissue, the bags/containers 
used to collect and transport the waste material, and animal bedding (if 
applicable).
    Primary chamber means the chamber in an HMIWI that receives waste 
material, in which the waste is ignited, and from which ash is removed.
    Pyrolysis means the endothermic gasification of hospital waste and/
or medical/infectious waste using external energy.
    Secondary chamber means a component of the HMIWI that receives 
combustion gases from the primary chamber and in which the combustion 
process is completed.
    Shutdown means the period of time after all waste has been combusted 
in the primary chamber. For continuous HMIWI, shutdown shall commence no 
less than 2 hours after the last charge to the incinerator. For 
intermittent HMIWI, shutdown shall commence no less than 4 hours after 
the last charge to the incinerator. For batch HMIWI, shutdown shall 
commence no less than 5 hours after the high-air phase of combustion has 
been completed.
    Small HMIWI means:
    (1) Except as provided in (2);
    (i) An HMIWI whose maximum design waste burning capacity is less 
than or equal to 200 pounds per hour; or
    (ii) A continuous or intermittent HMIWI whose maximum charge rate is 
less than or equal to 200 pounds per hour; or
    (iii) A batch HMIWI whose maximum charge rate is less than or equal 
to 1,600 pounds per day.
    (2) The following are not small HMIWI:
    (i) A continuous or intermittent HMIWI whose maximum charge rate is 
more than 200 pounds per hour;
    (ii) A batch HMIWI whose maximum charge rate is more than 1,600 
pounds per day.
    Standard conditions means a temperature of 20 [deg]C and a pressure 
of 101.3 kilopascals.
    Startup means the period of time between the activation of the 
system and the first charge to the unit. For batch HMIWI, startup means 
the period of time between activation of the system and ignition of the 
waste.
    Wet scrubber means an add-on air pollution control device that 
utilizes an alkaline scrubbing liquor to collect particulate matter 
(including nonvaporous metals and condensed organics) and/or to absorb 
and neutralize acid gases.

[62 FR 48382, Sept. 15, 1997, as amended at 74 FR 51408, Oct. 6, 2009; 
79 FR 11249, Feb. 27, 2014]



Sec.  60.52c  Emission limits.

    (a) On and after the date on which the initial performance test is 
completed or is required to be completed under Sec.  60.8, whichever 
date comes first,

[[Page 321]]

no owner or operator of an affected facility shall cause to be 
discharged into the atmosphere:
    (1) From an affected facility as defined in Sec.  60.50c(a)(1) and 
(2), any gases that contain stack emissions in excess of the limits 
presented in Table 1A to this subpart.
    (2) From an affected facility as defined in Sec.  60.50c(a)(3) and 
(4), any gases that contain stack emissions in excess of the limits 
presented in Table 1B to this subpart.
    (b) On and after the date on which the initial performance test is 
completed or is required to be completed under Sec.  60.8, whichever 
date comes first, no owner or operator of an affected facility shall 
cause to be discharged into the atmosphere:
    (1) From an affected facility as defined in Sec.  60.50c(a)(1) and 
(2), any gases that exhibit greater than 10 percent opacity (6-minute 
block average).
    (2) From an affected facility as defined in Sec.  60.50c(a)(3) and 
(4), any gases that exhibit greater than 6 percent opacity (6-minute 
block average).
    (c) On and after the date on which the initial performance test is 
completed or is required to be completed under Sec.  60.8, whichever 
date comes first, no owner or operator of an affected facility as 
defined in Sec.  60.50c(a)(1) and (2) and utilizing a large HMIWI, and 
in Sec.  60.50c(a)(3) and (4), shall cause to be discharged into the 
atmosphere visible emissions of combustion ash from an ash conveying 
system (including conveyor transfer points) in excess of 5 percent of 
the observation period (i.e., 9 minutes per 3-hour period), as 
determined by EPA Reference Method 22 of appendix A-1 of this part, 
except as provided in paragraphs (d) and (e) of this section.
    (d) The emission limit specified in paragraph (c) of this section 
does not cover visible emissions discharged inside buildings or 
enclosures of ash conveying systems; however, the emission limit does 
cover visible emissions discharged to the atmosphere from buildings or 
enclosures of ash conveying systems.
    (e) The provisions specified in paragraph (c) of this section do not 
apply during maintenance and repair of ash conveying systems. 
Maintenance and/or repair shall not exceed 10 operating days per 
calendar quarter unless the owner or operator obtains written approval 
from the State agency establishing a date whereby all necessary 
maintenance and repairs of ash conveying systems shall be completed.

[62 FR 48382, Sept. 15, 1997, as amended at 74 FR 51409, Oct. 6, 2009]



Sec.  60.53c  Operator training and qualification requirements.

    (a) No owner or operator of an affected facility shall allow the 
affected facility to operate at any time unless a fully trained and 
qualified HMIWI operator is accessible, either at the facility or 
available within 1 hour. The trained and qualified HMIWI operator may 
operate the HMIWI directly or be the direct supervisor of one or more 
HMIWI operators.
    (b) Operator training and qualification shall be obtained through a 
State-approved program or by completing the requirements included in 
paragraphs (c) through (g) of this section.
    (c) Training shall be obtained by completing an HMIWI operator 
training course that includes, at a minimum, the following provisions:
    (1) 24 hours of training on the following subjects:
    (i) Environmental concerns, including pathogen destruction and types 
of emissions;
    (ii) Basic combustion principles, including products of combustion;
    (iii) Operation of the type of incinerator to be used by the 
operator, including proper startup, waste charging, and shutdown 
procedures;
    (iv) Combustion controls and monitoring;
    (v) Operation of air pollution control equipment and factors 
affecting performance (if applicable);
    (vi) Methods to monitor pollutants (continuous emission monitoring 
systems and monitoring of HMIWI and air pollution control device 
operating parameters) and equipment calibration procedures (where 
applicable);
    (vii) Inspection and maintenance of the HMIWI, air pollution control 
devices, and continuous emission monitoring systems;

[[Page 322]]

    (viii) Actions to correct malfunctions or conditions that may lead 
to malfunction;
    (ix) Bottom and fly ash characteristics and handling procedures;
    (x) Applicable Federal, State, and local regulations;
    (xi) Work safety procedures;
    (xii) Pre-startup inspections; and
    (xiii) Recordkeeping requirements.
    (2) An examination designed and administered by the instructor.
    (3) Reference material distributed to the attendees covering the 
course topics.
    (d) Qualification shall be obtained by:
    (1) Completion of a training course that satisfies the criteria 
under paragraph (c) of this section; and
    (2) Either 6 months experience as an HMIWI operator, 6 months 
experience as a direct supervisor of an HMIWI operator, or completion of 
at least two burn cycles under the observation of two qualified HMIWI 
operators.
    (e) Qualification is valid from the date on which the examination is 
passed or the completion of the required experience, whichever is later.
    (f) To maintain qualification, the trained and qualified HMIWI 
operator shall complete and pass an annual review or refresher course of 
at least 4 hours covering, at a minimum, the following:
    (1) Update of regulations;
    (2) Incinerator operation, including startup and shutdown 
procedures;
    (3) Inspection and maintenance;
    (4) Responses to malfunctions or conditions that may lead to 
malfunction; and
    (5) Discussion of operating problems encountered by attendees.
    (g) A lapsed qualification shall be renewed by one of the following 
methods:
    (1) For a lapse of less than 3 years, the HMIWI operator shall 
complete and pass a standard annual refresher course described in 
paragraph (f) of this section.
    (2) For a lapse of 3 years or more, the HMIWI operator shall 
complete and pass a training course with the minimum criteria described 
in paragraph (c) of this section.
    (h) The owner or operator of an affected facility shall maintain 
documentation at the facility that address the following:
    (1) Summary of the applicable standards under this subpart;
    (2) Description of basic combustion theory applicable to an HMIWI;
    (3) Procedures for receiving, handling, and charging waste;
    (4) HMIWI startup, shutdown, and malfunction procedures;
    (5) Procedures for maintaining proper combustion air supply levels;
    (6) Procedures for operating the HMIWI and associated air pollution 
control systems within the standards established under this subpart;
    (7) Procedures for responding to periodic malfunction or conditions 
that may lead to malfunction;
    (8) Procedures for monitoring HMIWI emissions;
    (9) Reporting and recordkeeping procedures; and
    (10) Procedures for handling ash.
    (i) The owner or operator of an affected facility shall establish a 
program for reviewing the information listed in paragraph (h) of this 
section annually with each HMIWI operator (defined in Sec.  60.51c).
    (1) The initial review of the information listed in paragraph (h) of 
this section shall be conducted within 6 months after the effective date 
of this subpart or prior to assumption of responsibilities affecting 
HMIWI operation, whichever date is later.
    (2) Subsequent reviews of the information listed in paragraph (h) of 
this section shall be conducted annually.
    (j) The information listed in paragraph (h) of this section shall be 
kept in a readily accessible location for all HMIWI operators. This 
information, along with records of training shall be available for 
inspection by the EPA or its delegated enforcement agent upon request.



Sec.  60.54c  Siting requirements.

    (a) The owner or operator of an affected facility for which 
construction is commenced after September 15, 1997 shall prepare an 
analysis of the impacts of the affected facility. The analysis shall 
consider air pollution control alternatives that minimize, on a site-
specific basis, to the maximum extent practicable, potential risks to 
public

[[Page 323]]

health or the environment. In considering such alternatives, the 
analysis may consider costs, energy impacts, non-air environmental 
impacts, or any other factors related to the practicability of the 
alternatives.
    (b) Analyses of facility impacts prepared to comply with State, 
local, or other Federal regulatory requirements may be used to satisfy 
the requirements of this section, as long as they include the 
consideration of air pollution control alternatives specified in 
paragraph (a) of this section.
    (c) The owner or operator of the affected facility shall complete 
and submit the siting requirements of this section as required under 
Sec.  60.58c(a)(1)(iii).



Sec.  60.55c  Waste management plan.

    The owner or operator of an affected facility shall prepare a waste 
management plan. The waste management plan shall identify both the 
feasibility and the approach to separate certain components of solid 
waste from the health care waste stream in order to reduce the amount of 
toxic emissions from incinerated waste. A waste management plan may 
include, but is not limited to, elements such as segregation and 
recycling of paper, cardboard, plastics, glass, batteries, food waste, 
and metals (e.g., aluminum cans, metals-containing devices); segregation 
of non-recyclable wastes (e.g., polychlorinated biphenyl-containing 
waste, pharmaceutical waste, and mercury-containing waste, such as 
dental waste); and purchasing recycled or recyclable products. A waste 
management plan may include different goals or approaches for different 
areas or departments of the facility and need not include new waste 
management goals for every waste stream. It should identify, where 
possible, reasonably available additional waste management measures, 
taking into account the effectiveness of waste management measures 
already in place, the costs of additional measures, the emissions 
reductions expected to be achieved, and any other environmental or 
energy impacts they might have. The American Hospital Association 
publication entitled ``An Ounce of Prevention: Waste Reduction 
Strategies for Health Care Facilities'' (incorporated by reference, see 
Sec.  60.17) shall be considered in the development of the waste 
management plan. The owner or operator of each commercial HMIWI company 
shall conduct training and education programs in waste segregation for 
each of the company's waste generator clients and ensure that each 
client prepares its own waste management plan that includes, but is not 
limited to, the provisions listed previously in this section.

[74 FR 51409, Oct. 6, 2009]



Sec.  60.56c  Compliance and performance testing.

    (a) The emissions limits apply at all times.
    (b) The owner or operator of an affected facility as defined in 
Sec.  60.50c(a)(1) and (2), shall conduct an initial performance test as 
required under Sec.  60.8 to determine compliance with the emissions 
limits using the procedures and test methods listed in paragraphs (b)(1) 
through (b)(6) and (b)(9) through (b)(14) of this section. The owner or 
operator of an affected facility as defined in Sec.  60.50c(a)(3) and 
(4), shall conduct an initial performance test as required under Sec.  
60.8 to determine compliance with the emissions limits using the 
procedures and test methods listed in paragraphs (b)(1) through (b)(14). 
The use of the bypass stack during a performance test shall invalidate 
the performance test.
    (1) All performance tests shall consist of a minimum of three test 
runs conducted under representative operating conditions.
    (2) The minimum sample time shall be 1 hour per test run unless 
otherwise indicated.
    (3) EPA Reference Method 1 of appendix A of this part shall be used 
to select the sampling location and number of traverse points.
    (4) EPA Reference Method 3, 3A, or 3B of appendix A-2 of this part 
shall be used for gas composition analysis, including measurement of 
oxygen concentration. EPA Reference Method 3, 3A, or 3B of appendix A-2 
of this part shall be used simultaneously with each of the other EPA 
reference methods. As an alternative to EPA Reference Method 3B, ASME 
PTC-19-10-1981-Part 10 may be used (incorporated by reference, see Sec.  
60.17).

[[Page 324]]

    (5) The pollutant concentrations shall be adjusted to 7 percent 
oxygen using the following equation:

Cadj = Cmeas (20.9-7)/(20.9-%O2)

where:

Cadj = pollutant concentration adjusted to 7 percent oxygen;
Cmeas = pollutant concentration measured on a dry basis 
          (20.9-7) = 20.9 percent oxygen--7 percent oxygen (defined 
          oxygen correction basis);
20.9 = oxygen concentration in air, percent; and
%O2 = oxygen concentration measured on a dry basis, percent.

    (6) EPA Reference Method 5 of appendix A-3 or Method 26A or Method 
29 of appendix A-8 of this part shall be used to measure the particulate 
matter emissions. As an alternative, PM CEMS may be used as specified in 
paragraph (c)(5) of this section.
    (7) EPA Reference Method 7 or 7E of appendix A-4 of this part shall 
be used to measure NOX emissions.
    (8) EPA Reference Method 6 or 6C of appendix A-4 of this part shall 
be used to measure SO2 emissions.
    (9) EPA Reference Method 9 of appendix A-4 of this part shall be 
used to measure stack opacity. As an alternative, demonstration of 
compliance with the PM standards using bag leak detection systems as 
specified in Sec.  60.57c(h) or PM CEMS as specified in paragraph (c)(5) 
of this section is considered demonstrative of compliance with the 
opacity requirements.
    (10) EPA Reference Method 10 or 10B of appendix A-4 of this part 
shall be used to measure the CO emissions. As specified in paragraph 
(c)(4) of this section, use of CO CEMS are required for affected 
facilities under Sec.  60.50c(a)(3) and (4).
    (11) EPA Reference Method 23 of appendix A-7 of this part shall be 
used to measure total dioxin/furan emissions. As an alternative, an 
owner or operator may elect to sample dioxins/furans by installing, 
calibrating, maintaining, and operating a continuous automated sampling 
system for monitoring dioxin/furan emissions as specified in paragraph 
(c)(6) of this section. For Method 23 of appendix A-7 sampling, the 
minimum sample time shall be 4 hours per test run. If the affected 
facility has selected the toxic equivalency standards for dioxins/
furans, under Sec.  60.52c, the following procedures shall be used to 
determine compliance:
    (i) Measure the concentration of each dioxin/furan tetra-through 
octa-congener emitted using EPA Reference Method 23.
    (ii) For each dioxin/furan congener measured in accordance with 
paragraph (b)(9)(i) of this section, multiply the congener concentration 
by its corresponding toxic equivalency factor specified in table 2 of 
this subpart.
    (iii) Sum the products calculated in accordance with paragraph 
(b)(9)(ii) of this section to obtain the total concentration of dioxins/
furans emitted in terms of toxic equivalency.
    (12) EPA Reference Method 26 or 26A of appendix A-8 of this part 
shall be used to measure HCl emissions. As an alternative, HCl CEMS may 
be used as specified in paragraph (c)(5) of this section.
    (13) EPA Reference Method 29 of appendix A-8 of this part shall be 
used to measure Pb, Cd, and Hg emissions. As an alternative, Hg 
emissions may be measured using ASTM D6784-02 (incorporated by 
reference, see Sec.  60.17). As an alternative for Pb, Cd, and Hg, 
multi-metals CEMS or Hg CEMS, may be used as specified in paragraph 
(c)(5) of this section. As an alternative, an owner or operator may 
elect to sample Hg by installing, calibrating, maintaining, and 
operating a continuous automated sampling system for monitoring Hg 
emissions as specified in paragraph (c)(7) of this section.
    (14) The EPA Reference Method 22 of appendix A-7 of this part shall 
be used to determine compliance with the fugitive ash emissions limit 
under Sec.  60.52c(c). The minimum observation time shall be a series of 
three 1-hour observations.
    (c) Following the date on which the initial performance test is 
completed or is required to be completed under Sec.  60.8, whichever 
date comes first, the owner or operator of an affected facility shall:
    (1) Determine compliance with the opacity limit by conducting an 
annual performance test (no more than 12

[[Page 325]]

months following the previous performance test) using the applicable 
procedures and test methods listed in paragraph (b) of this section.
    (2) Except as provided in paragraphs (c)(4) and (c)(5) of this 
section, determine compliance with the PM, CO, and HCl emissions limits 
by conducting an annual performance test (no more than 12 months 
following the previous performance test) using the applicable procedures 
and test methods listed in paragraph (b) of this section. If all three 
performance tests over a 3-year period indicate compliance with the 
emissions limit for a pollutant (PM, CO, or HCl), the owner or operator 
may forego a performance test for that pollutant for the subsequent 2 
years. At a minimum, a performance test for PM, CO, and HCl shall be 
conducted every third year (no more than 36 months following the 
previous performance test). If a performance test conducted every third 
year indicates compliance with the emissions limit for a pollutant (PM, 
CO, or HCl), the owner or operator may forego a performance test for 
that pollutant for an additional 2 years. If any performance test 
indicates noncompliance with the respective emissions limit, a 
performance test for that pollutant shall be conducted annually until 
all annual performance tests over a 3-year period indicate compliance 
with the emissions limit. The use of the bypass stack during a 
performance test shall invalidate the performance test.
    (3) For an affected facility as defined in Sec.  60.50c(a)(1) and 
(2) and utilizing a large HMIWI, and in Sec.  60.50c(a)(3) and (4), 
determine compliance with the visible emissions limits for fugitive 
emissions from flyash/bottom ash storage and handling by conducting a 
performance test using EPA Reference Method 22 of appendix A-7 on an 
annual basis (no more than 12 months following the previous performance 
test).
    (4) For an affected facility as defined in Sec.  60.50c(a)(3) and 
(4), determine compliance with the CO emissions limit using a CO CEMS 
according to paragraphs (c)(4)(i) through (c)(4)(iii) of this section:
    (i) Determine compliance with the CO emissions limit using a 24-hour 
block average, calculated as specified in section 12.4.1 of EPA 
Reference Method 19 of appendix A-7 of this part.
    (ii) Operate the CO CEMS in accordance with the applicable 
procedures under appendices B and F of this part.
    (iii) Use of a CO CEMS may be substituted for the CO annual 
performance test and minimum secondary chamber temperature to 
demonstrate compliance with the CO emissions limit.
    (5) Facilities using CEMS to demonstrate compliance with any of the 
emissions limits under Sec.  60.52c shall:
    (i) For an affected facility as defined in Sec.  60.50c(a)(1) and 
(2), determine compliance with the appropriate emissions limit(s) using 
a 12-hour rolling average, calculated each hour as the average of the 
previous 12 operating hours.
    (ii) For an affected facility as defined in Sec.  60.50c(a)(3) and 
(4), determine compliance with the appropriate emissions limit(s) using 
a 24-hour block average, calculated as specified in section 12.4.1 of 
EPA Reference Method 19 of appendix A-7 of this part.
    (iii) Operate all CEMS in accordance with the applicable procedures 
under appendices B and F of this part. For those CEMS for which 
performance specifications have not yet been promulgated (HCl, multi-
metals), this option for an affected facility as defined in Sec.  
60.50c(a)(3) and (4) takes effect on the date a final performance 
specification is published in the Federal Register or the date of 
approval of a site-specific monitoring plan.
    (iv) For an affected facility as defined in Sec.  60.50c(a)(3) and 
(4), be allowed to substitute use of an HCl CEMS for the HCl annual 
performance test, minimum HCl sorbent flow rate, and minimum scrubber 
liquor pH to demonstrate compliance with the HCl emissions limit.
    (v) For an affected facility as defined in Sec.  60.50c(a)(3) and 
(4), be allowed to substitute use of a PM CEMS for the PM annual 
performance test and minimum pressure drop across the wet scrubber, if 
applicable, to demonstrate compliance with the PM emissions limit.
    (6) An affected facility as defined in Sec.  60.50c(a)(3) and (4) 
using a continuous automated sampling system to demonstrate compliance 
with the dioxin/furan emissions limits under Sec.  60.52c

[[Page 326]]

shall record the output of the system and analyze the sample according 
to EPA Reference Method 23 of appendix A-7 of this part. This option to 
use a continuous automated sampling system takes effect on the date a 
final performance specification applicable to dioxin/furan from monitors 
is published in the Federal Register or the date of approval of a site-
specific monitoring plan. The owner or operator of an affected facility 
as defined in Sec.  60.50c(a)(3) and (4) who elects to continuously 
sample dioxin/furan emissions instead of sampling and testing using EPA 
Reference Method 23 of appendix A-7 shall install, calibrate, maintain, 
and operate a continuous automated sampling system and shall comply with 
the requirements specified in Sec.  60.58b(p) and (q) of subpart Eb of 
this part.
    (7) An affected facility as defined in Sec.  60.50c(a)(3) and (4) 
using a continuous automated sampling system to demonstrate compliance 
with the Hg emissions limits under Sec.  60.52c shall record the output 
of the system and analyze the sample at set intervals using any suitable 
determinative technique that can meet appropriate performance criteria. 
This option to use a continuous automated sampling system takes effect 
on the date a final performance specification applicable to Hg from 
monitors is published in the Federal Register or the date of approval of 
a site-specific monitoring plan. The owner or operator of an affected 
facility as defined in Sec.  60.50c(a)(3) and (4) who elects to 
continuously sample Hg emissions instead of sampling and testing using 
EPA Reference Method 29 of appendix A-8 of this part, or an approved 
alternative method for measuring Hg emissions, shall install, calibrate, 
maintain, and operate a continuous automated sampling system and shall 
comply with the requirements specified in Sec.  60.58b(p) and (q) of 
subpart Eb of this part.
    (d) Except as provided in paragraphs (c)(4) through (c)(7) of this 
section, the owner or operator of an affected facility equipped with a 
dry scrubber followed by a fabric filter, a wet scrubber, or a dry 
scrubber followed by a fabric filter and wet scrubber shall:
    (1) Establish the appropriate maximum and minimum operating 
parameters, indicated in table 3 of this subpart for each control 
system, as site specific operating parameters during the initial 
performance test to determine compliance with the emission limits; and
    (2) Following the date on which the initial performance test is 
completed or is required to be completed under Sec.  60.8, whichever 
date comes first, ensure that the affected facility does not operate 
above any of the applicable maximum operating parameters or below any of 
the applicable minimum operating parameters listed in table 3 of this 
subpart and measured as 3-hour rolling averages (calculated each hour as 
the average of the previous 3 operating hours) at all times. Operating 
parameter limits do not apply during performance tests. Operation above 
the established maximum or below the established minimum operating 
parameter(s) shall constitute a violation of established operating 
parameter(s).
    (e) Except as provided in paragraph (i) of this section, for 
affected facilities equipped with a dry scrubber followed by a fabric 
filter:
    (1) Operation of the affected facility above the maximum charge rate 
and below the minimum secondary chamber temperature (each measured on a 
3-hour rolling average) simultaneously shall constitute a violation of 
the CO emission limit.
    (2) Operation of the affected facility above the maximum fabric 
filter inlet temperature, above the maximum charge rate, and below the 
minimum dioxin/furan sorbent flow rate (each measured on a 3-hour 
rolling average) simultaneously shall constitute a violation of the 
dioxin/furan emission limit.
    (3) Operation of the affected facility above the maximum charge rate 
and below the minimum HCl sorbent flow rate (each measured on a 3-hour 
rolling average) simultaneously shall constitute a violation of the HCl 
emission limit.
    (4) Operation of the affected facility above the maximum charge rate 
and below the minimum Hg sorbent flow rate (each measured on a 3-hour 
rolling average) simultaneously shall constitute a violation of the Hg 
emission limit.

[[Page 327]]

    (5) Use of the bypass stack shall constitute a violation of the PM, 
dioxin/furan, HCl, Pb, Cd and Hg emissions limits.
    (6) Operation of the affected facility as defined in Sec.  
60.50c(a)(3) and (4) above the CO emissions limit as measured by the CO 
CEMS specified in paragraph (c)(4) of this section shall constitute a 
violation of the CO emissions limit.
    (7) For an affected facility as defined in Sec.  60.50c(a)(3) and 
(4), failure to initiate corrective action within 1 hour of a bag leak 
detection system alarm; or failure to operate and maintain the fabric 
filter such that the alarm is not engaged for more than 5 percent of the 
total operating time in a 6-month block reporting period shall 
constitute a violation of the PM emissions limit. If inspection of the 
fabric filter demonstrates that no corrective action is required, no 
alarm time is counted. If corrective action is required, each alarm is 
counted as a minimum of 1 hour. If it takes longer than 1 hour to 
initiate corrective action, the alarm time is counted as the actual 
amount of time taken to initiate corrective action. If the bag leak 
detection system is used to demonstrate compliance with the opacity 
limit, this would also constitute a violation of the opacity emissions 
limit.
    (8) Operation of the affected facility as defined in Sec.  
60.50c(a)(3) and (4) above the PM, HCl, Pb, Cd, and/or Hg emissions 
limit as measured by the CEMS specified in paragraph (c)(5) of this 
section shall constitute a violation of the applicable emissions limit.
    (9) Operation of the affected facility as defined in Sec.  
60.50c(a)(3) and (4) above the dioxin/furan emissions limit as measured 
by the continuous automated sampling system specified in paragraph 
(c)(6) of this section shall constitute a violation of the dioxin/furan 
emissions limit.
    (10) Operation of the affected facility as defined in Sec.  
60.50c(a)(3) and (4) above the Hg emissions limit as measured by the 
continuous automated sampling system specified in paragraph (c)(7) of 
this section shall constitute a violation of the Hg emissions limit.
    (f) Except as provided in paragraph (i) of this section, for 
affected facilities equipped with a wet scrubber:
    (1) Operation of the affected facility above the maximum charge rate 
and below the minimum pressure drop across the wet scrubber or below the 
minimum horsepower or amperage to the system (each measured on a 3-hour 
rolling average) simultaneously shall constitute a violation of the PM 
emission limit.
    (2) Operation of the affected facility above the maximum charge rate 
and below the minimum secondary chamber temperature (each measured on a 
3-hour rolling average) simultaneously shall constitute a violation of 
the CO emission limit.
    (3) Operation of the affected facility above the maximum charge 
rate, below the minimum secondary chamber temperature, and below the 
minimum scrubber liquor flow rate (each measured on a 3-hour rolling 
average) simultaneously shall constitute a violation of the dioxin/furan 
emission limit.
    (4) Operation of the affected facility above the maximum charge rate 
and below the minimum scrubber liquor pH (each measured on a 3-hour 
rolling average) simultaneously shall constitute a violation of the HCl 
emission limit.
    (5) Operation of the affected facility above the maximum flue gas 
temperature and above the maximum charge rate (each measured on a 3-hour 
rolling average) simultaneously shall constitute a violation of the Hg 
emission limit.
    (6) Use of the bypass stack shall constitute a violation of the PM, 
dioxin/furan, HCl, Pb, Cd and Hg emissions limits.
    (7) Operation of the affected facility as defined in Sec.  
60.50c(a)(3) and (4) above the CO emissions limit as measured by the CO 
CEMS specified in paragraph (c)(4) of this section shall constitute a 
violation of the CO emissions limit.
    (8) Operation of the affected facility as defined in Sec.  
60.50c(a)(3) and (4) above the PM, HCl, Pb, Cd, and/or Hg emissions 
limit as measured by the CEMS specified in paragraph (c)(5) of this 
section shall constitute a violation of the applicable emissions limit.
    (9) Operation of the affected facility as defined in Sec.  
60.50c(a)(3) and (4) above the dioxin/furan emissions limit as measured 
by the continuous automated sampling system specified in paragraph

[[Page 328]]

(c)(6) of this section shall constitute a violation of the dioxin/furan 
emissions limit.
    (10) Operation of the affected facility as defined in Sec.  
60.50c(a)(3) and (4) above the Hg emissions limit as measured by the 
continuous automated sampling system specified in paragraph (c)(7) of 
this section shall constitute a violation of the Hg emissions limit.
    (g) Except as provided in paragraph (i) of this section, for 
affected facilities equipped with a dry scrubber followed by a fabric 
filter and a wet scrubber:
    (1) Operation of the affected facility above the maximum charge rate 
and below the minimum secondary chamber temperature (each measured on a 
3-hour rolling average) simultaneously shall constitute a violation of 
the CO emission limit.
    (2) Operation of the affected facility above the maximum fabric 
filter inlet temperature, above the maximum charge rate, and below the 
minimum dioxin/furan sorbent flow rate (each measured on a 3-hour 
rolling average) simultaneously shall constitute a violation of the 
dioxin/furan emission limit.
    (3) Operation of the affected facility above the maximum charge rate 
and below the minimum scrubber liquor pH (each measured on a 3-hour 
rolling average) simultaneously shall constitute a violation of the HCl 
emission limit.
    (4) Operation of the affected facility above the maximum charge rate 
and below the minimum Hg sorbent flow rate (each measured on a 3-hour 
rolling average) simultaneously shall constitute a violation of the Hg 
emission limit.
    (5) Use of the bypass stack shall constitute a violation of the PM, 
dioxin/furan, HCl, Pb, Cd and Hg emissions limits.
    (6) Operation of the affected facility as defined in Sec.  
60.50c(a)(3) and (4) above the CO emissions limit as measured by the CO 
CEMS specified in paragraph (c)(4) of this section shall constitute a 
violation of the CO emissions limit.
    (7) For an affected facility as defined in Sec.  60.50c(a)(3) and 
(4), failure to initiate corrective action within 1 hour of a bag leak 
detection system alarm; or failure to operate and maintain the fabric 
filter such that the alarm is not engaged for more than 5 percent of the 
total operating time in a 6-month block reporting period shall 
constitute a violation of the PM emissions limit. If inspection of the 
fabric filter demonstrates that no corrective action is required, no 
alarm time is counted. If corrective action is required, each alarm is 
counted as a minimum of 1 hour. If it takes longer than 1 hour to 
initiate corrective action, the alarm time is counted as the actual 
amount of time taken to initiate corrective action. If the bag leak 
detection system is used to demonstrate compliance with the opacity 
limit, this would also constitute a violation of the opacity emissions 
limit.
    (8) Operation of the affected facility as defined in Sec.  
60.50c(a)(3) and (4) above the PM, HCl, Pb, Cd, and/or Hg emissions 
limit as measured by the CEMS specified in paragraph (c)(5) of this 
section shall constitute a violation of the applicable emissions limit.
    (9) Operation of the affected facility as defined in Sec.  
60.50c(a)(3) and (4) above the dioxin/furan emissions limit as measured 
by the continuous automated sampling system specified in paragraph 
(c)(6) of this section shall constitute a violation of the dioxin/furan 
emissions limit.
    (10) Operation of the affected facility as defined in Sec.  
60.50c(a)(3) and (4) above the Hg emissions limit as measured by the 
continuous automated sampling system specified in paragraph (c)(7) of 
this section shall constitute a violation of the Hg emissions limit.
    (h) The owner or operator of an affected facility as defined in 
Sec.  60.50c(a)(3) and (4) equipped with selective noncatalytic 
reduction technology shall:
    (1) Establish the maximum charge rate, the minimum secondary chamber 
temperature, and the minimum reagent flow rate as site specific 
operating parameters during the initial performance test to determine 
compliance with the emissions limits;
    (2) Following the date on which the initial performance test is 
completed or is required to be completed under Sec.  60.8, whichever 
date comes first, ensure that the affected facility does not operate 
above the maximum charge rate, or below the minimum secondary chamber 
temperature or the minimum

[[Page 329]]

reagent flow rate measured as 3-hour rolling averages (calculated each 
hour as the average of the previous 3 operating hours) at all times. 
Operating parameter limits do not apply during performance tests.
    (3) Except as provided in paragraph (i) of this section, operation 
of the affected facility above the maximum charge rate, below the 
minimum secondary chamber temperature, and below the minimum reagent 
flow rate simultaneously shall constitute a violation of the 
NOX emissions limit.
    (i) The owner or operator of an affected facility may conduct a 
repeat performance test within 30 days of violation of applicable 
operating parameter(s) to demonstrate that the affected facility is not 
in violation of the applicable emissions limit(s). Repeat performance 
tests conducted pursuant to this paragraph shall be conducted using the 
identical operating parameters that indicated a violation under 
paragraph (e), (f), (g), or (h) of this section.
    (j) The owner or operator of an affected facility using an air 
pollution control device other than a dry scrubber followed by a fabric 
filter, a wet scrubber, a dry scrubber followed by a fabric filter and a 
wet scrubber, or selective noncatalytic reduction technology to comply 
with the emissions limits under Sec.  60.52c shall petition the 
Administrator for other site-specific operating parameters to be 
established during the initial performance test and continuously 
monitored thereafter. The owner or operator shall not conduct the 
initial performance test until after the petition has been approved by 
the Administrator.
    (k) The owner or operator of an affected facility may conduct a 
repeat performance test at any time to establish new values for the 
operating parameters. The Administrator may request a repeat performance 
test at any time.

[62 FR 48382, Sept. 15, 1997, as amended at 65 FR 61753, Oct. 17, 2000; 
74 FR 51409, Oct. 6, 2009; 78 FR 28066, May 13, 2013]



Sec.  60.57c  Monitoring requirements.

    (a) Except as provided in Sec.  60.56c(c)(4) through (c)(7), the 
owner or operator of an affected facility shall install, calibrate (to 
manufacturers' specifications), maintain, and operate devices (or 
establish methods) for monitoring the applicable maximum and minimum 
operating parameters listed in Table 3 to this subpart (unless CEMS are 
used as a substitute for certain parameters as specified) such that 
these devices (or methods) measure and record values for these operating 
parameters at the frequencies indicated in Table 3 of this subpart at 
all times.
    (b) The owner or operator of an affected facility as defined in 
Sec.  60.50c(a)(3) and (4) that uses selective noncatalytic reduction 
technology shall install, calibrate (to manufacturers' specifications), 
maintain, and operate devices (or establish methods) for monitoring the 
operating parameters listed in Sec.  60.56c(h) such that the devices (or 
methods) measure and record values for the operating parameters at all 
times. Operating parameter values shall be measured and recorded at the 
following minimum frequencies:
    (1) Maximum charge rate shall be measured continuously and recorded 
once each hour;
    (2) Minimum secondary chamber temperature shall be measured 
continuously and recorded once each minute; and
    (3) Minimum reagent flow rate shall be measured hourly and recorded 
once each hour.
    (c) The owner or operator of an affected facility shall install, 
calibrate (to manufacturers' specifications), maintain, and operate a 
device or method for measuring the use of the bypass stack including 
date, time, and duration.
    (d) The owner or operator of an affected facility using an air 
pollution control device other than a dry scrubber followed by a fabric 
filter, a wet scrubber, a dry scrubber followed by a fabric filter and a 
wet scrubber, or selective noncatalytic reduction technology to comply 
with the emissions limits under Sec.  60.52c shall install, calibrate 
(to manufacturers' specifications), maintain, and operate the equipment 
necessary to monitor the site-specific operating parameters developed 
pursuant to Sec.  60.56c(j).
    (e) The owner or operator of an affected facility shall obtain 
monitoring

[[Page 330]]

data at all times during HMIWI operation except during periods of 
monitoring equipment malfunction, calibration, or repair. At a minimum, 
valid monitoring data shall be obtained for 75 percent of the operating 
hours per day for 90 percent of the operating days per calendar quarter 
that the affected facility is combusting hospital waste and/or medical/
infectious waste.
    (f) The owner or operator of an affected facility as defined in 
Sec.  60.50c(a)(3) and (4) shall ensure that each HMIWI subject to the 
emissions limits in Sec.  60.52c undergoes an initial air pollution 
control device inspection that is at least as protective as the 
following:
    (1) At a minimum, an inspection shall include the following:
    (i) Inspect air pollution control device(s) for proper operation, if 
applicable;
    (ii) Ensure proper calibration of thermocouples, sorbent feed 
systems, and any other monitoring equipment; and
    (iii) Generally observe that the equipment is maintained in good 
operating condition.
    (2) Within 10 operating days following an air pollution control 
device inspection, all necessary repairs shall be completed unless the 
owner or operator obtains written approval from the Administrator 
establishing a date whereby all necessary repairs of the designated 
facility shall be completed.
    (g) The owner or operator of an affected facility as defined in 
Sec.  60.50c(a)(3) and (4) shall ensure that each HMIWI subject to the 
emissions limits under Sec.  60.52c undergoes an air pollution control 
device inspection annually (no more than 12 months following the 
previous annual air pollution control device inspection), as outlined in 
paragraphs (f)(1) and (f)(2) of this section.
    (h) For affected facilities as defined in Sec.  60.50c(a)(3) and (4) 
that use an air pollution control device that includes a fabric filter 
and are not demonstrating compliance using PM CEMS, determine compliance 
with the PM emissions limit using a bag leak detection system and meet 
the requirements in paragraphs (h)(1) through (h)(12) of this section 
for each bag leak detection system.
    (1) Each triboelectric bag leak detection system may be installed, 
calibrated, operated, and maintained according to the ``Fabric Filter 
Bag Leak Detection Guidance,'' (EPA-454/R-98-015, September 1997). This 
document is available from the U.S. Environmental Protection Agency 
(U.S. EPA); Office of Air Quality Planning and Standards; Sector 
Policies and Programs Division; Measurement Policy Group (D-243-02), 
Research Triangle Park, NC 27711. This document is also available on the 
Technology Transfer Network (TTN) under Emissions Measurement Center 
Continuous Emissions Monitoring. Other types of bag leak detection 
systems shall be installed, operated, calibrated, and maintained in a 
manner consistent with the manufacturer's written specifications and 
recommendations.
    (2) The bag leak detection system shall be certified by the 
manufacturer to be capable of detecting PM emissions at concentrations 
of 10 milligrams per actual cubic meter (0.0044 grains per actual cubic 
foot) or less.
    (3) The bag leak detection system sensor shall provide an output of 
relative PM loadings.
    (4) The bag leak detection system shall be equipped with a device to 
continuously record the output signal from the sensor.
    (5) The bag leak detection system shall be equipped with an audible 
alarm system that will sound automatically when an increase in relative 
PM emissions over a preset level is detected. The alarm shall be located 
where it is easily heard by plant operating personnel.
    (6) For positive pressure fabric filter systems, a bag leak detector 
shall be installed in each baghouse compartment or cell.
    (7) For negative pressure or induced air fabric filters, the bag 
leak detector shall be installed downstream of the fabric filter.
    (8) Where multiple detectors are required, the system's 
instrumentation and alarm may be shared among detectors.
    (9) The baseline output shall be established by adjusting the range 
and the averaging period of the device and establishing the alarm set 
points and

[[Page 331]]

the alarm delay time according to section 5.0 of the ``Fabric Filter Bag 
Leak Detection Guidance.''
    (10) Following initial adjustment of the system, the sensitivity or 
range, averaging period, alarm set points, or alarm delay time may not 
be adjusted. In no case may the sensitivity be increased by more than 
100 percent or decreased more than 50 percent over a 365-day period 
unless such adjustment follows a complete fabric filter inspection that 
demonstrates that the fabric filter is in good operating condition. Each 
adjustment shall be recorded.
    (11) Record the results of each inspection, calibration, and 
validation check.
    (12) Initiate corrective action within 1 hour of a bag leak 
detection system alarm; operate and maintain the fabric filter such that 
the alarm is not engaged for more than 5 percent of the total operating 
time in a 6-month block reporting period. If inspection of the fabric 
filter demonstrates that no corrective action is required, no alarm time 
is counted. If corrective action is required, each alarm is counted as a 
minimum of 1 hour. If it takes longer than 1 hour to initiate corrective 
action, the alarm time is counted as the actual amount of time taken to 
initiate corrective action.

[62 FR 48382, Sept. 15, 1997, as amended at 74 FR 51412, Oct. 6, 2009]



Sec.  60.58c  Reporting and recordkeeping requirements.

    (a) The owner or operator of an affected facility shall submit 
notifications, as provided by Sec.  60.7. In addition, the owner or 
operator shall submit the following information:
    (1) Prior to commencement of construction;
    (i) A statement of intent to construct;
    (ii) The anticipated date of commencement of construction; and
    (iii) All documentation produced as a result of the siting 
requirements of Sec.  60.54c.
    (2) Prior to initial startup;
    (i) The type(s) of waste to be combusted;
    (ii) The maximum design waste burning capacity;
    (iii) The anticipated maximum charge rate; and
    (iv) If applicable, the petition for site-specific operating 
parameters under Sec.  60.56c(j).
    (b) The owner or operator of an affected facility shall maintain the 
following information (as applicable) for a period of at least 5 years:
    (1) Calendar date of each record;
    (2) Records of the following data:
    (i) Concentrations of any pollutant listed in Sec.  60.52c or 
measurements of opacity as determined by the continuous emission 
monitoring system (if applicable);
    (ii) Results of fugitive emissions (by EPA Reference Method 22) 
tests, if applicable;
    (iii) HMIWI charge dates, times, and weights and hourly charge 
rates;
    (iv) Fabric filter inlet temperatures during each minute of 
operation, as applicable;
    (v) Amount and type of dioxin/furan sorbent used during each hour of 
operation, as applicable;
    (vi) Amount and type of Hg sorbent used during each hour of 
operation, as applicable;
    (vii) Amount and type of HCl sorbent used during each hour of 
operation, as applicable;
    (viii) For affected facilities as defined in Sec.  60.50c(a)(3) and 
(4), amount and type of NOX reagent used during each hour of 
operation, as applicable;
    (ix) Secondary chamber temperatures recorded during each minute of 
operation;
    (x) Liquor flow rate to the wet scrubber inlet during each minute of 
operation, as applicable;
    (xi) Horsepower or amperage to the wet scrubber during each minute 
of operation, as applicable;
    (xii) Pressure drop across the wet scrubber system during each 
minute of operation, as applicable,
    (xiii) Temperature at the outlet from the wet scrubber during each 
minute of operation, as applicable;
    (xiv) pH at the inlet to the wet scrubber during each minute of 
operation, as applicable,
    (xv) Records indicating use of the bypass stack, including dates, 
times, and durations, and
    (xvi) For affected facilities complying with Sec.  60.56c(j) and 
Sec.  60.57c(d), the

[[Page 332]]

owner or operator shall maintain all operating parameter data collected;
    (xvii) For affected facilities as defined in Sec.  60.50c(a)(3) and 
(4), records of the annual air pollution control device inspections, any 
required maintenance, and any repairs not completed within 10 days of an 
inspection or the timeframe established by the Administrator.
    (xviii) For affected facilities as defined in Sec.  60.50c(a)(3) and 
(4), records of each bag leak detection system alarm, the time of the 
alarm, the time corrective action was initiated and completed, and a 
brief description of the cause of the alarm and the corrective action 
taken, as applicable.
    (xix) For affected facilities as defined in Sec.  60.50c(a)(3) and 
(4), concentrations of CO as determined by the continuous emissions 
monitoring system.
    (3) Identification of calendar days for which data on emission rates 
or operating parameters specified under paragraph (b)(2) of this section 
have not been obtained, with an identification of the emission rates or 
operating parameters not measured, reasons for not obtaining the data, 
and a description of corrective actions taken.
    (4) Identification of calendar days, times and durations of 
malfunctions, a description of the malfunction and the corrective action 
taken.
    (5) Identification of calendar days for which data on emission rates 
or operating parameters specified under paragraph (b)(2) of this section 
exceeded the applicable limits, with a description of the exceedances, 
reasons for such exceedances, and a description of corrective actions 
taken.
    (6) The results of the initial, annual, and any subsequent 
performance tests conducted to determine compliance with the emissions 
limits and/or to establish or re-establish operating parameters, as 
applicable, and a description, including sample calculations, of how the 
operating parameters were established or re-established, if applicable.
    (7) All documentation produced as a result of the siting 
requirements of Sec.  60.54c;
    (8) Records showing the names of HMIWI operators who have completed 
review of the information in Sec.  60.53c(h) as required by Sec.  
60.53c(i), including the date of the initial review and all subsequent 
annual reviews;
    (9) Records showing the names of the HMIWI operators who have 
completed the operator training requirements, including documentation of 
training and the dates of the training;
    (10) Records showing the names of the HMIWI operators who have met 
the criteria for qualification under Sec.  60.53c and the dates of their 
qualification; and
    (11) Records of calibration of any monitoring devices as required 
under Sec.  60.57c(a) through (d).
    (c) The owner or operator of an affected facility shall submit the 
information specified in paragraphs (c)(1) through (c)(4) of this 
section no later than 60 days following the initial performance test. 
All reports shall be signed by the facilities manager.
    (1) The initial performance test data as recorded under Sec.  
60.56c(b)(1) through (b)(14), as applicable.
    (2) The values for the site-specific operating parameters 
established pursuant to Sec.  60.56c(d), (h), or (j), as applicable, and 
a description, including sample calculations, of how the operating 
parameters were established during the initial performance test.
    (3) The waste management plan as specified in Sec.  60.55c.
    (4) For each affected facility as defined in Sec.  60.50c(a)(3) and 
(4) that uses a bag leak detection system, analysis and supporting 
documentation demonstrating conformance with EPA guidance and 
specifications for bag leak detection systems in Sec.  60.57c(h).
    (d) An annual report shall be submitted 1 year following the 
submissions of the information in paragraph (c) of this section and 
subsequent reports shall be submitted no more than 12 months following 
the previous report (once the unit is subject to permitting requirements 
under title V of the Clean Air Act, the owner or operator of an affected 
facility must submit these reports semiannually). The annual report 
shall include the information specified in paragraphs (d)(1) through 
(11) of this section. All reports shall be signed by the facilities 
manager.

[[Page 333]]

    (1) The values for the site-specific operating parameters 
established pursuant to Sec.  60.56c(d), (h), or (j), as applicable.
    (2) The highest maximum operating parameter and the lowest minimum 
operating parameter, as applicable, for each operating parameter 
recorded for the calendar year being reported, pursuant to Sec.  
60.56c(d), (h), or (j), as applicable.
    (3) The highest maximum operating parameter and the lowest minimum 
operating parameter, as applicable, for each operating parameter 
recorded pursuant to Sec.  60.56c(d), (h), or (j) for the calendar year 
preceding the year being reported, in order to provide the Administrator 
with a summary of the performance of the affected facility over a 2-year 
period.
    (4) Any information recorded under paragraphs (b)(3) through (b)(5) 
of this section for the calendar year being reported.
    (5) Any information recorded under paragraphs (b)(3) through (b)(5) 
of this section for the calendar year preceding the year being reported, 
in order to provide the Administrator with a summary of the performance 
of the affected facility over a 2-year period.
    (6) If a performance test was conducted during the reporting period, 
the results of that test.
    (7) If no exceedances or malfunctions were reported under paragraphs 
(b)(3) through (b)(5) of this section for the calendar year being 
reported, a statement that no exceedances occurred during the reporting 
period.
    (8) Any use of the bypass stack, the duration, reason for 
malfunction, and corrective action taken.
    (9) For affected facilities as defined in Sec.  60.50c(a)(3) and 
(4), records of the annual air pollution control device inspection, any 
required maintenance, and any repairs not completed within 10 days of an 
inspection or the timeframe established by the Administrator.
    (10) For affected facilities as defined in Sec.  60.50c(a)(3) and 
(4), records of each bag leak detection system alarm, the time of the 
alarm, the time corrective action was initiated and completed, and a 
brief description of the cause of the alarm and the corrective action 
taken, as applicable.
    (11) For affected facilities as defined in Sec.  60.50c(a)(3) and 
(4), concentrations of CO as determined by the continuous emissions 
monitoring system.
    (e) The owner or operator of an affected facility shall submit 
semiannual reports containing any information recorded under paragraphs 
(b)(3) through (b)(5) of this section no later than 60 days following 
the reporting period. The first semiannual reporting period ends 6 
months following the submission of information in paragraph (c) of this 
section. Subsequent reports shall be submitted no later than 6 calendar 
months following the previous report. All reports shall be signed by the 
facilities manager.
    (f) All records specified under paragraph (b) of this section shall 
be maintained onsite in either paper copy or computer-readable format, 
unless an alternative format is approved by the Administrator.
    (g) For affected facilities, as defined in Sec.  60.50c(a)(3) and 
(4), that choose to submit an electronic copy of stack test reports to 
EPA's WebFIRE data base, as of December 31, 2011, the owner or operator 
of an affected facility shall enter the test data into EPA's data base 
using the Electronic Reporting Tool located at http://www.epa.gov/ttn/
chief /ert/ert__tool.html.

[62 FR 48382, Sept. 15, 1997, as amended at 74 FR 51413, Oct. 6, 2009; 
76 FR 18413, Apr. 4, 2011]

[[Page 334]]



  Sec. Table 1A to Subpart Ec of Part 60--Emissions Limits for Small, 
   Medium, and Large HMIWI at Affected Facilities as Defined in Sec.  
                          60.50c(a)(1) and (2)

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                           Emissions limits
                                                     ------------------------------------------------------------                         Method for
            Pollutant              Units (7 percent                           HMIWI size                          Averaging time \1\     demonstrating
                                  oxygen, dry basis) ------------------------------------------------------------                       compliance \2\
                                                             Small              Medium               Large
--------------------------------------------------------------------------------------------------------------------------------------------------------
Particulate matter..............  Milligrams per dry  69 (0.03).........  34 (0.015)........  34 (0.015)........  3-run average (1-   EPA Reference
                                   standard cubic                                                                  hour minimum        Method 5 of
                                   meter (grains per                                                               sample time per     appendix A-3 of
                                   dry standard                                                                    run).               part 60, or EPA
                                   cubic foot).                                                                                        Reference Method
                                                                                                                                       M 26A or 29 of
                                                                                                                                       appendix A-8 of
                                                                                                                                       part 60.
Carbon monoxide.................  Parts per million   40................  40................  40................  3-run average (1-   EPA Reference
                                   by volume.                                                                      hour minimum        Method 10 or 10B
                                                                                                                   sample time per     of appendix A-4
                                                                                                                   run).               of part 60.
Dioxins/furans..................  Nanograms per dry   125 (55) or 2.3     25 (11) or 0.6      25 (11) or 0.6      3-run average (4-   EPA Reference
                                   standard cubic      (1.0).              (0.26).             (0.26).             hour minimum        Method 23 of
                                   meter total                                                                     sample time per     appendix A-7 of
                                   dioxins/furans                                                                  run).               part 60.
                                   (grains per
                                   billion dry
                                   standard cubic
                                   feet) or
                                   nanograms per dry
                                   standard cubic
                                   meter TEQ (grains
                                   per billion dry
                                   standard cubic
                                   feet).
Hydrogen chloride...............  Parts per million   15 or 99%.........  15 or 99%.........  15 or 99%.........  3-run average (1-   EPA Reference
                                   by volume or                                                                    hour minimum        Method 26 or 26A
                                   percent reduction.                                                              sample time per     of appendix A-8
                                                                                                                   run).               of part 60.
Sulfur dioxide..................  Parts per million   55................  55................  55................  3-run average (1-   EPA Reference
                                   by volume.                                                                      hour minimum        Method 6 or 6C of
                                                                                                                   sample time per     appendix A-4 of
                                                                                                                   run).               part 60.
Nitrogen oxides.................  Parts per million   250...............  250...............  250...............  3-run average (1-   EPA Reference
                                   by volume.                                                                      hour minimum        Method 7 or 7E of
                                                                                                                   sample time per     appendix A-4 of
                                                                                                                   run).               part 60.
Lead............................  Milligrams per dry  1.2 (0.52) or 70%.  0.07 (0.03) or 98%  0.07 (0.03) or 98%  3-run average (1-   EPA Reference
                                   standard cubic                                                                  hour minimum        Method 29 of
                                   meter (grains per                                                               sample time per     appendix A-8 of
                                   thousand dry                                                                    run).               part 60.
                                   standard cubic
                                   feet) or percent
                                   reduction.
Cadmium.........................  Milligrams per dry  0.16 (0.07) or 65%  0.04 (0.02) or 90%  0.04 (0.02) or 90%  3-run average (1-   EPA Reference
                                   standard cubic                                                                  hour minimum        Method 29 of
                                   meter (grains per                                                               sample time per     appendix A-8 of
                                   thousand dry                                                                    run).               part 60.
                                   standard cubic
                                   feet) or percent
                                   reduction.
Mercury.........................  Milligrams per dry  0.55 (0.24) or 85%  0.55 (0.24) or 85%  0.55 (0.24) or 85%  3-run average (1-   EPA Reference
                                   standard cubic                                                                  hour minimum        Method 29 of
                                   meter (grains per                                                               sample time per     appendix A-8 of
                                   thousand dry                                                                    run).               part 60.
                                   standard cubic
                                   feet) or percent
                                   reduction.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Except as allowed under Sec.   60.56c(c) for HMIWI equipped with CEMS.
\2\ Does not include CEMS and approved alternative non-EPA test methods allowed under Sec.   60.56c(b).


[74 FR 51414, Oct. 6, 2009, as amended at 76 FR 18414, Apr. 4, 2011]

[[Page 335]]



  Sec. Table 1B to Subpart Ec of Part 60--Emissions Limits for Small, 
   Medium, and Large HMIWI at Affected Facilities as Defined in Sec.  
                          60.50c(a)(3) and (4)

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                           Emissions limits
                                                     ------------------------------------------------------------                         Method for
            Pollutant              Units (7 percent                           HMIWI size                          Averaging time \1\     demonstrating
                                  oxygen, dry basis) ------------------------------------------------------------                       compliance \2\
                                                             Small              Medium               Large
--------------------------------------------------------------------------------------------------------------------------------------------------------
Particulate matter..............  Milligrams per dry  66 (0.029)........  22 (0.0095).......  18 (0.0080).......  3-run average (1-   EPA Reference
                                   standard cubic                                                                  hour minimum        Method 5 of
                                   meter (grains per                                                               sample time per     appendix A-3 of
                                   dry standard                                                                    run).               part 60, or EPA
                                   cubic foot).                                                                                        Reference Method
                                                                                                                                       M 26A or 29 of
                                                                                                                                       appendix A-8 of
                                                                                                                                       part 60.
Carbon monoxide.................  Parts per million   20................  1.8...............  11................  3-run average (1-   EPA Reference
                                   by volume.                                                                      hour minimum        Method 10 or 10B
                                                                                                                   sample time per     of appendix A-4
                                                                                                                   run).               of part 60.
Dioxins/furans..................  Nanograms per dry   16 (7.0) or 0.013   0.47 (0.21) or      9.3 (4.1) or 0.035  3-run average (4-   EPA Reference
                                   standard cubic      (0.0057).           0.014 (0.0061).     (0.015).            hour minimum        Method 23 of
                                   meter total                                                                     sample time per     appendix A-7 of
                                   dioxins/furans                                                                  run).               part 60.
                                   (grains per
                                   billion dry
                                   standard cubic
                                   feet) or
                                   nanograms per dry
                                   standard cubic
                                   meter TEQ (grains
                                   per billion dry
                                   standard cubic
                                   feet).
Hydrogen chloride...............  Parts per million   15................  7.7...............  5.1...............  3-run average (1-   EPA Reference
                                   by volume.                                                                      hour minimum        Method 26 or 26A
                                                                                                                   sample time per     of appendix A-8
                                                                                                                   run).               of part 60.
Sulfur dioxide..................  Parts per million   1.4...............  1.4...............  8.1...............  3-run average (1-   EPA Reference
                                   by volume.                                                                      hour minimum        Method 6 or 6C of
                                                                                                                   sample time per     appendix A-4 of
                                                                                                                   run).               part 60.
Nitrogen oxides.................  Parts per million   67................  67................  140...............  3-run average (1-   EPA Reference
                                   by volume.                                                                      hour minimum        Method 7 or 7E of
                                                                                                                   sample time per     appendix A-4 of
                                                                                                                   run).               part 60.
Lead............................  Milligrams per dry  0.31 (0.14).......  0.018 (0.0079)....  0.00069 (0.00030).  3-run average (1-   EPA Reference
                                   standard cubic                                                                  hour minimum        Method 29 of
                                   meter (grains per                                                               sample time per     appendix A-8 of
                                   thousand dry                                                                    run).               part 60.
                                   standard cubic
                                   feet).
Cadmium.........................  Milligrams per dry  0.017 (0.0074)....  0.0098 (0.0043)...  0.00013 (0.000057)  3-run average (1-   EPA Reference
                                   standard cubic                                                                  hour minimum        Method 29 of
                                   meter (grains per                                                               sample time per     appendix A-8 of
                                   thousand dry                                                                    run).               part 60.
                                   standard cubic
                                   feet).
Mercury.........................  Milligrams per dry  0.014 (0.0061)....  0.0035 (0.0015)...  0.0013 (0.00057)..  3-run average (1-   EPA Reference
                                   standard cubic                                                                  hour minimum        Method 29 of
                                   meter (grains per                                                               sample time per     appendix A-8 of
                                   thousand dry                                                                    run).               part 60.
                                   standard cubic
                                   feet).
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Except as allowed under Sec.   60.56c(c) for HMIWI equipped with CEMS.
\2\ Does not include CEMS and approved alternative non-EPA test methods allowed under Sec.   60.56c(b).


[74 FR 51414, Oct. 6, 2009, as amended at 76 FR 18414, Apr. 4, 2011]



    Sec. Table 2 to Subpart Ec of Part 60--Toxic Equivalency Factors

------------------------------------------------------------------------
                                                     Toxic equivalency
              Dioxin/furan congener                       factor
------------------------------------------------------------------------
2,3,7,8-tetrachlorinated dibenzo-p-dioxin.......  1
1,2,3,7,8-pentachlorinated dibenzo-p-dioxin.....  0.5
1,2,3,4,7,8-hexachlorinated dibenzo-p-dioxin....  0.1
1,2,3,7,8,9-hexachlorinated dibenzo-p-dioxin....  0.1

[[Page 336]]

 
1,2,3,6,7,8-hexachlorinated dibenzo-p-dioxin....  0.1
1,2,3,4,6,7,8-heptachlorinated dibenzo-p-dioxin.  0.01
octachlorinated dibenzo-p-dioxin................  0.001
2,3,7,8-tetrachlorinated dibenzofuran...........  0.1
2,3,4,7,8-pentachlorinated dibenzofuran.........  0.5
1,2,3,7,8-pentachlorinated dibenzofuran.........  0.05
1,2,3,4,7,8-hexachlorinated dibenzofuran........  0.1
1,2,3,6,7,8-hexachlorinated dibenzofuran........  0.1
1,2,3,7,8,9-hexachlorinated dibenzofuran........  0.1
2,3,4,6,7,8-hexachlorinated dibenzofuran........  0.1
1,2,3,4,6,7,8-heptachlorinated dibenzofuran.....  0.01
1,2,3,4,7,8,9-heptachlorinated dibenzofuran.....  0.01
Octachlorinated dibenzofuran....................  0.001
------------------------------------------------------------------------



   Sec. Table 3 to Subpart Ec of Part 60--Operating Parameters To Be 
       Monitored and Minimum Measurement and Recording Frequencies

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                    Minimum frequency                                        Control system
                                          --------------------------------------------------------------------------------------------------------------
                                                                                                                                            Dry scrubber
   Operating parameters to be monitored                                                                         Dry scrubber                 followed by
                                                    Data measurement                   Data recording            followed by  Wet scrubber     fabric
                                                                                                                   fabric                    filter and
                                                                                                                   filter                   wet scrubber
--------------------------------------------------------------------------------------------------------------------------------------------------------
Maximum operating parameters:
    Maximum charge rate..................  Continuous.......................  1 x hour........................     [bcheck]      [bcheck]      [bcheck]
    Maximum fabric filter inlet            Continuous.......................  1 x minute......................     [bcheck]   ............     [bcheck]
     temperature.
    Maximum flue gas temperature.........  Continuous.......................  1 x minute......................     [bcheck]      [bcheck]
Minimum operating parameters:
    Minimum secondary chamber temperature  Continuous.......................  1 x minute......................     [bcheck]      [bcheck]      [bcheck]
    Minimum dioxin/furan sorbent flow      Hourly...........................  1 x hour........................     [bcheck]   ............     [bcheck]
     rate.
    Minimum HCI sorbent flow rate........  Hourly...........................  1 x hour........................     [bcheck]   ............     [bcheck]
    Minimum mercury (Hg) sorbent flow      Hourly...........................  1 x hour........................     [bcheck]   ............     [bcheck]
     rate.
    Minimum pressure drop across the wet   Continuous.......................  1 x minute......................  ............     [bcheck]      [bcheck]
     scrubber or minimum horsepower or
     amperage to wet scrubber.
    Minimum scrubber liquor flow rate....  Continuous.......................  1 x minute......................  ............     [bcheck]      [bcheck]
    Minimum scrubber liquor pH...........  Continuous.......................  1 x minute......................  ............     [bcheck]      [bcheck]
--------------------------------------------------------------------------------------------------------------------------------------------------------



      Subpart F_Standards of Performance for Portland Cement Plants



Sec.  60.60  Applicability and designation of affected facility.

    (a) The provisions of this subpart are applicable to the following 
affected facilities in portland cement plants: Kiln, clinker cooler, raw 
mill system, finish mill system, raw mill dryer, raw material storage, 
clinker storage, finished product storage, conveyor transfer points, 
bagging and bulk loading and unloading systems.
    (b) Any facility under paragraph (a) of this section that commences 
construction or modification after August 17, 1971, is subject to the 
requirements of this subpart.

[42 FR 37936, July 25, 1977]



Sec.  60.61  Definitions.

    As used in this subpart, all terms not defined herein shall have the 
meaning given them in the Act and in subpart A of this part.

[[Page 337]]

    (a) Portland cement plant means any facility manufacturing portland 
cement by either the wet or dry process.
    (b) Bypass means any system that prevents all or a portion of the 
kiln or clinker cooler exhaust gases from entering the main control 
device and ducts the gases through a separate control device. This does 
not include emergency systems designed to duct exhaust gases directly to 
the atmosphere in the event of a malfunction of any control device 
controlling kiln or clinker cooler emissions.
    (c) Bypass stack means the stack that vents exhaust gases to the 
atmosphere from the bypass control device.
    (d) Monovent means an exhaust configuration of a building or 
emission control device (e.g., positive-pressure fabric filter) that 
extends the length of the structure and has a width very small in 
relation to its length (i.e., length to width ratio is typically greater 
than 5:1). The exhaust may be an open vent with or without a roof, 
louvered vents, or a combination of such features.
    (e) Excess emissions means, with respect to this subpart, results of 
any required measurements outside the applicable range (e.g., emissions 
limitations, parametric operating limits) that is permitted by this 
subpart. The values of measurements will be in the same units and 
averaging time as the values specified in this subpart for the 
limitations.
    (f) Operating day means a 24-hour period beginning at 12:00 midnight 
during which the kiln produces clinker at any time. For calculating 30 
day rolling average emissions, an operating day does not include the 
hours of operation during startup or shutdown.
    (g) Rolling average means the weighted average of all data, meeting 
QA/QC requirements or otherwise normalized, collected during the 
applicable averaging period. The period of a rolling average stipulates 
the frequency of data averaging and reporting. To demonstrate compliance 
with an operating parameter a 30-day rolling average period requires 
calculation of a new average value each operating day and shall include 
the average of all the hourly averages of the specific operating 
parameter. For demonstration of compliance with an emissions limit based 
on pollutant concentration, a 30-day rolling average is comprised of the 
average of all the hourly average concentrations over the previous 30 
operating days. For demonstration of compliance with an emissions limit 
based on lbs-pollutant per production unit, the 30-day rolling average 
is calculated by summing the hourly mass emissions over the previous 30 
operating days, then dividing that sum by the total production during 
the same period.
    (h) Run average means the average of the recorded parameter values 
for a run.

[36 FR 24877, Dec. 23, 1971, as amended at 39 FR 20793, June 13, 1974; 
53 FR 50363, Dec. 14, 1988; 78 FR 10032, Feb. 12, 2013; 80 FR 44776, 
July 27, 2015]



Sec.  60.62  Standards.

    (a) On and after the date on which the performance test required to 
be conducted by Sec.  60.8 is completed, you may not discharge into the 
atmosphere from any kiln any gases which:
    (1) Contain particulate matter (PM) in excess of:
    (i) 0.30 pounds per ton of feed (dry basis) to the kiln for kilns 
constructed, reconstructed, or modified after August 17, 1971 but on or 
before June 16, 2008.
    (ii) 0.02 pound per ton of clinker if construction or reconstruction 
of the kiln commenced after June 16, 2008.
    (iii) Kilns that have undergone a modification may not discharge 
into the atmosphere any gases which contain PM in excess of 0.07 pound 
per ton of clinker.
    (2) Exhibit greater than 20 percent opacity for kilns constructed, 
reconstructed, or modified after August 17, 1971 but on or before June 
16, 2008, except that this opacity limit does not apply to any kiln 
subject to a PM limit in paragraph (a)(1) of this section that uses a PM 
continuous parametric monitoring system (CPMS).
    (3) Exceed 1.50 pounds of nitrogen oxide (NOX) per ton of 
clinker on a 30-operating day rolling average if construction, 
reconstruction, or modification of the kiln commences after June 16, 
2008, except this limit does not apply to any alkali bypass installed on 
the kiln. An operating day includes all

[[Page 338]]

valid data obtained in any daily 24-hour period during which the kiln 
operates and excludes any measurements made during the daily 24-hour 
period when the kiln was not operating.
    (4) Exceed 0.4 pounds of sulfur dioxide (SO2) per ton of 
clinker on a 30-operating day rolling average if construction, 
reconstruction, or modification commences after June 16, 2008, unless 
you are demonstrating a 90 percent SO2 emissions reduction 
measured across the SO2 control device. An operating day 
includes all valid data obtained in any daily 24-hour period during 
which the kiln operates, and excludes any measurements made during the 
daily 24-hour period when the kiln was not operating.
    (b) On and after the date on which the performance test required to 
be conducted by Sec.  60.8 is completed, you may not discharge into the 
atmosphere from any clinker cooler any gases which:
    (1) Contain PM in excess of:
    (i) 0.02 pound per ton of clinker if construction or reconstruction 
of the clinker cooler commences after June 16, 2008.
    (ii) 0.07 pound per ton of clinker if the clinker cooler has 
undergone a modification.
    (iii) 0.10 lb per ton of feed (dry basis) for clinker coolers 
constructed, reconstructed, or modified after August 17, 1971, but on or 
before June 16, 2008.
    (iv) 10 percent opacity for clinker coolers constructed, 
reconstructed, or modified after August 17, 1971, but on or before June 
16, 2008, except that this opacity limit does not apply to any clinker 
cooler subject to a PM limit in paragraph (b)(1) of this section that 
uses a PM continuous parametric monitoring system (CPMS).
    (2) If the kiln and clinker cooler exhaust are combined for energy 
efficiency purposes and sent to a single control device, the appropriate 
kiln PM limit may be adjusted using the procedures in Sec.  63.1343(b) 
of this chapter.
    (3) If the kiln has a separated alkali bypass stack and/or an inline 
coal mill with a separate stack, you must combine the PM emissions from 
the bypass stack and/or the inline coal mill stack with the PM emissions 
from the main kiln exhaust to determine total PM emissions.
    (c) On and after the date on which the performance test required to 
be conducted by Sec.  60.8 is completed, you may not discharge into the 
atmosphere from any affected facility other than the kiln and clinker 
cooler any gases which exhibit 10 percent opacity, or greater.
    (d) If you have an affected source subject to this subpart with a 
different emissions limit or requirement for the same pollutant under 
another regulation in title 40 of this chapter, once you are in 
compliance with the most stringent emissions limit or requirement, you 
are not subject to the less stringent requirement. Until you are in 
compliance with the more stringent limit, the less stringent limit 
continues to apply.
    (e) The compliance date for all revised monitoring and recordkeeping 
requirements contained in this rule will be the same as listed in 
63.1351(c) unless you commenced construction as of June 16, 2008, at 
which time the compliance date is November 8, 2010 or upon startup, 
whichever is later.

[75 FR 55034, Sept. 9, 2010, as amended at 78 FR 10032, Feb. 12, 2013; 
80 FR 44777, July 27, 2015]



Sec.  60.63  Monitoring of operations.

    (a) [Reserved]
    (b) Clinker production monitoring requirements. For any kiln subject 
to an emissions limitation on PM, NOX, or SO2 
emissions (lb/ton of clinker), you must:
    (1) Determine hourly clinker production by one of two methods:
    (i) Install, calibrate, maintain, and operate a permanent weigh 
scale system to measure and record weight rates of the amount of clinker 
produced in tons of mass per hour. The system of measuring hourly 
clinker production must be maintained within 5 
percent accuracy or
    (ii) Install, calibrate, maintain, and operate a permanent weigh 
scale system to measure and record weight rates of the amount of feed to 
the kiln in tons of mass per hour. The system of measuring feed must be 
maintained within 5 percent accuracy. Calculate 
your hourly clinker production rate

[[Page 339]]

using a kiln specific feed-to-clinker ratio based on reconciled clinker 
production rates determined for accounting purposes and recorded feed 
rates. This ratio should be updated monthly. Note that if this ratio 
changes at clinker reconciliation, you must use the new ratio going 
forward, but you do not have to retroactively change clinker production 
rates previously estimated.
    (iii) For each kiln operating hour for which you do not have data on 
clinker production or the amount of feed to the kiln, use the value from 
the most recent previous hour for which valid data are available.
    (2) Determine, record, and maintain a record of the accuracy of the 
system of measuring hourly clinker production rates or feed rates before 
initial use (for new sources) or by the effective compliance date of 
this rule (for existing sources). During each quarter of source 
operation, you must determine, record, and maintain a record of the 
ongoing accuracy of the system of measuring hourly clinker production 
rates or feed rates.
    (3) If you measure clinker production directly, record the daily 
clinker production rates; if you measure the kiln feed rates and 
calculate clinker production, record the daily kiln feed and clinker 
production rates.
    (c) PM Emissions Monitoring Requirements. (1) For each kiln or 
clinker cooler subject to a PM emissions limit in Sec. Sec.  
60.62(a)1(ii) and 60.62(a)1(iii) or Sec. Sec.  60.62(b)(1)(i) and 
60.62(b)(1)(ii), you must demonstrate compliance through an initial 
performance test. You will conduct your performance test using Method 5 
or Method 5I at appendix A-3 to part 60 of this chapter. You must also 
monitor continuous performance through use of a PM CPMS.
    (2) For your PM CPMS, you will establish a site-specific operating 
limit. If your PM performance test demonstrates your PM emission levels 
to be below 75 percent of your emission limit you will use the average 
PM CPMS value recorded during the PM compliance test, the milliamp 
equivalent of zero output from your PM CPMS, and the average PM result 
of your compliance test to establish your operating limit equivalent to 
75 percent of the standard. If your PM compliance test demonstrates your 
PM emission levels to be at or above 75 percent of your emission limit 
you will use the average PM CPMS value recorded during the PM compliance 
test demonstrating compliance with the PM limit to establish your 
operating limit. You will use the PM CPMS to demonstrate continuous 
compliance with your operating limit. You must repeat the performance 
test annually and reassess and adjust the site-specific operating limit 
in accordance with the results of the performance test.
    (i) Your PM CPMS must provide a 4-20 milliamp or digital signal 
output and the establishment of its relationship to manual reference 
method measurements must be determined in units of milliamps or the 
monitors digital equivalent.
    (ii) Your PM CPMS operating range must be capable of reading PM 
concentrations from zero to a level equivalent to two times your 
allowable emission limit. If your PM CPMS is an auto-ranging instrument 
capable of multiple scales, the primary range of the instrument must be 
capable of reading PM concentration from zero to a level equivalent to 
two times your allowable emission limit.
    (iii) During the initial performance test or any such subsequent 
performance test that demonstrates compliance with the PM limit, record 
and average all milliamp or digital output values from the PM CPMS for 
the periods corresponding to the compliance test runs (e.g., average all 
your PM CPMS output values for three corresponding 2-hour Method 5I test 
runs).
    (3) Determine your operating limit as specified in paragraphs 
(c)(4)(i) through (c)(5) of this section. If your PM performance test 
demonstrates your PM emission levels to be below 75 percent of your 
emission limit, you will use the average PM CPMS value recorded during 
the PM compliance test, the milliamp or digital equivalent of zero 
output from your PM CPMS, and the average PM result of your compliance 
test to establish your operating limit. If your PM compliance test 
demonstrates your PM emission levels to be at or above 75 percent of 
your emission limit, you will use the average PM

[[Page 340]]

CPMS value recorded during the PM compliance test to establish your 
operating limit. You must verify an existing or establish a new 
operating limit after each repeated performance test. You must repeat 
the performance test at least annually and reassess and adjust the site-
specific operating limit in accordance with the results of the 
performance test.
    (4) If the average of your three Method 5 or 5I compliance test runs 
are below 75 percent of your PM emission limit, you must calculate an 
operating limit by establishing a relationship of PM CPMS signal to PM 
concentration using the PM CPMS instrument zero, the average PM CPMS 
values corresponding to the three compliance test runs, and the average 
PM concentration from the Method 5 or 5I compliance test with the 
procedures in (c)(4)(i)(A) through (D) of this section.
    (i) Determine your PM CPMS instrument zero output with one of the 
following procedures.
    (A) Zero point data for in-situ instruments should be obtained by 
removing the instrument from the stack and monitoring ambient air on a 
test bench.
    (B) Zero point data for extractive instruments should be obtained by 
removing the extractive probe from the stack and drawing in clean 
ambient air.
    (C) The zero point can also can be obtained by performing manual 
reference method measurements when the flue gas is free of PM emissions 
or contains very low PM concentrations (e.g., when your process is not 
operating, but the fans are operating or your source is combusting only 
natural gas) and plotting these with the compliance data to find the 
zero intercept.
    (D) If none of the steps in paragraphs (c)(4)(i)(A) through (C) of 
this section are possible, you must use a zero output value provided by 
the manufacturer.
    (ii) Determine your PM CPMS instrument average in milliamps or 
digital equivalent and the average of your corresponding three PM 
compliance test runs, using equation 1.
[GRAPHIC] [TIFF OMITTED] TR27JY15.006


Where:

X1 = The PM CPMS data points for the three runs constituting 
          the performance test,
Y1 = The PM concentration value for the three runs 
          constituting the performance test, and
n = The number of data points.

    (iii) With your PM CPMS instrument zero expressed in milliamps or a 
digital value, your three run average PM CPMS milliamp or digital signal 
value, and your three run average PM concentration from your three PM 
performance test runs, determine a relationship of lb/ton-clinker per 
milliamp or digital signal with equation 2.
[GRAPHIC] [TIFF OMITTED] TR27JY15.007


Where:

R = The relative lb/ton clinker per milliamp or digital equivalent for 
          your PM CPMS.
Y1 = The three run average PM lb/ton clinker.
X1 = The three run average milliamp or digital signal output 
          from your PM CPMS.
z = The milliamp or digital equivalent of your instrument zero 
          determined from (c)(4)(i) of this section.


[[Page 341]]


    (iv) Determine your source specific 30-day rolling average operating 
limit using the lb/ton-clinker per milliamp or digital signal value from 
Equation 2 above in Equation 3, below. This sets your operating limit at 
the PM CPMS output value corresponding to 75 percent of your emission 
limit.
[GRAPHIC] [TIFF OMITTED] TR27JY15.008


Where:

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

    (5) If the average of your three PM compliance test runs is at or 
above 75 percent of your PM emission limit, you must determine your 
operating limit by averaging the PM CPMS milliamp or digital equivalent 
output corresponding to your three PM performance test runs that 
demonstrate compliance with the emission limit using Equation 4.
[GRAPHIC] [TIFF OMITTED] TR27JY15.009


Where:

X1 = The PM CPMS data points for all runs i.
n = The number of data points.
Oh = Your site specific operating limit, in milliamps or 
          digital equivalent.

    (6) To determine continuous compliance, you must record the PM CPMS 
output data for all periods when the process is operating, and use all 
the PM CPMS data for calculations when the source is not out-of-control. 
You must demonstrate continuous compliance by using all quality-assured 
hourly average data collected by the PM CPMS for all operating hours to 
calculate the arithmetic average operating parameter in units of the 
operating limit (milliamps or the digital equivalent) on a 30 operating 
day rolling average basis, updated at the end of each new kiln operating 
day. Use Equation 5 to determine the 30 kiln operating day average.
[GRAPHIC] [TIFF OMITTED] TR27JY15.010


Where:

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

    (7) Use EPA Method 5 or Method 5I of appendix A to part 60 of this 
chapter to determine PM emissions. For each performance test, conduct at 
least three separate runs each while the mill is on and the mill is off 
under the conditions that exist when the affected source is operating at 
the level reasonably expected to occur. Conduct each test run to collect 
a minimum sample volume of 2 dscm for determining compliance with a new 
source limit and 1 dscm for

[[Page 342]]

determining compliance with an existing source limit. Calculate the time 
weighted average of the results from three consecutive runs to determine 
compliance. You need not determine the particulate matter collected in 
the impingers (``back half'') of the Method 5 or Method 5I particulate 
sampling train to demonstrate compliance with the PM standards of this 
subpart. This shall not preclude the permitting authority from requiring 
a determination of the ``back half'' for other purposes.
    (8) For PM performance test reports used to set a PM CPMS operating 
limit, the electronic submission of the test report must also include 
the make and model of the PM CPMS instrument, serial number of the 
instrument, analytical principle of the instrument (e.g. beta 
attenuation), span of the instruments primary analytical range, milliamp 
or digital signal value equivalent to the instrument zero output, 
technique by which this zero value was determined, and the average 
milliamp or digital equivalent signals corresponding to each PM 
compliance test run.
    (d) You must install, operate, calibrate, and maintain a CEMS 
continuously monitoring and recording the concentration by volume of 
NOX emissions into the atmosphere for any kiln subject to the 
NOX emissions limit in Sec.  60.62(a)(3). If the kiln has an 
alkali bypass, NOX emissions from the alkali bypass do not 
need to be monitored, and NOX emission monitoring of the kiln 
exhaust may be done upstream of any commingled alkali bypass gases.
    (e) You must install, operate, calibrate, and maintain a CEMS for 
continuously monitoring and recording the concentration by volume of 
SO2 emissions into the atmosphere for any kiln subject to the 
SO2 emissions limit in Sec.  60.62(a)(4). If you are 
complying with the alternative 90 percent SO2 emissions 
reduction emissions limit, you must also continuously monitor and record 
the concentration by volume of SO2 present at the wet 
scrubber inlet.
    (f) The NOX and SO2 CEMS required under 
paragraphs (d) and (e) of this section must be installed, operated and 
maintained according to Performance Specification 2 of appendix B of 
this part and the requirements in paragraphs (f)(1) through (5) of this 
section.
    (1) The span value of each NOX CEMS monitor must be set 
at 125 percent of the maximum estimated hourly potential NOX 
emission concentration that translates to the applicable emissions limit 
at full clinker production capacity.
    (2) You must conduct performance evaluations of each NOX 
CEMS monitor according to the requirements in Sec.  60.13(c) and 
Performance Specification 2 of appendix B to this part. You must use 
Methods 7, 7A, 7C, 7D, or 7E of appendix A-4 to this part for conducting 
the relative accuracy evaluations. The method ASME PTC 19.10-1981, 
``Flue and Exhaust Gas Analyses,'' (incorporated by reference--see Sec.  
60.17) is an acceptable alternative to Method 7 or 7C of appendix A-4 to 
this part.
    (3) The span value for the SO2 CEMS monitor is the 
SO2 emission concentration that corresponds to 125 percent of 
the applicable emissions limit at full clinker production capacity and 
the expected maximum fuel sulfur content.
    (4) You must conduct performance evaluations of each SO2 
CEMS monitor according to the requirements in Sec.  60.13(c) and 
Performance Specification 2 of appendix B to this part. You must use 
Methods 6, 6A, or 6C of appendix A-4 to this part for conducting the 
relative accuracy evaluations. The method ASME PTC 19.10-1981, ``Flue 
and Exhaust Gas Analyses,'' (incorporated by reference--see Sec.  60.17) 
is an acceptable alternative to Method 6 or 6A of appendix A-4 to this 
part.
    (5) You must comply with the quality assurance requirements in 
Procedure 1 of appendix F to this part for each NOX and 
SO2 CEMS, including quarterly accuracy determinations for 
monitors, and daily calibration drift tests.
    (g) For each CPMS or CEMS required under paragraphs (c) through (e) 
of this section:
    (1) You must operate the monitoring system and collect data at all 
required intervals at all times the affected source is operating, except 
for periods of monitoring system malfunctions, repairs associated with 
monitoring system malfunctions, and required monitoring system quality 
assurance or quality control activities (including, as

[[Page 343]]

applicable, calibration checks and required zero and span adjustments).
    (2) You may not use data recorded during the monitoring system 
malfunctions, repairs associated with monitoring system malfunctions, or 
required monitoring system quality assurance or control activities in 
calculations used to report emissions or operating levels. A monitoring 
system malfunction is any sudden, infrequent, not reasonably preventable 
failure of the monitoring system to provide valid data. Monitoring 
system failures that are caused in part by poor maintenance or careless 
operation are not malfunctions. An owner or operator must use all the 
data collected during all other periods in reporting emissions or 
operating levels.
    (3) You must meet the requirements of Sec.  60.13(h) when 
determining the 1-hour averages of emissions data.
    (h) You must install, operate, calibrate, and maintain instruments 
for continuously measuring and recording the stack gas flow rate to 
allow determination of the pollutant mass emissions rate to the 
atmosphere for each kiln subject to the PM emissions limits in Sec.  
60.62(a)(1)(ii) and (iii) and (b)(1)(i) and (ii), the NOX 
emissions limit in Sec.  60.62(a)(3), or the SO2 emissions 
limit in Sec.  60.62(a)(4) according to the requirements in paragraphs 
(h)(1) through (10), where appropriate, of this section.
    (1) The owner or operator must install each sensor of the flow rate 
monitoring system in a location that provides representative measurement 
of the exhaust gas flow rate at the sampling location of the 
NOX and/or SO2 CEMS, taking into account the 
manufacturer's recommendations. The flow rate sensor is that portion of 
the system that senses the volumetric flow rate and generates an output 
proportional to that flow rate.
    (2) The flow rate monitoring system must be designed to measure the 
exhaust gas flow rate over a range that extends from a value of at least 
20 percent less than the lowest expected exhaust flow rate to a value of 
at least 20 percent greater than the highest expected exhaust gas flow 
rate.
    (3) The flow rate monitoring system must have a minimum accuracy of 
5 percent of the flow rate.
    (4) The flow rate monitoring system must be equipped with a data 
acquisition and recording system that is capable of recording values 
over the entire range specified in paragraph (h)(2) of this section.
    (5) The signal conditioner, wiring, power supply, and data 
acquisition and recording system for the flow rate monitoring system 
must be compatible with the output signal of the flow rate sensors used 
in the monitoring system.
    (6) The flow rate monitoring system must be designed to measure a 
minimum of one cycle of operational flow for each successive 15-minute 
period.
    (7) The flow rate sensor must be able to determine the daily zero 
and upscale calibration drift (CD) (see sections 3.1 and 8.3 of 
Performance Specification 2 in appendix B to this part for a discussion 
of CD).
    (i) Conduct the CD tests at two reference signal levels, zero (e.g., 
0 to 20 percent of span) and upscale (e.g., 50 to 70 percent of span).
    (ii) The absolute value of the difference between the flow monitor 
response and the reference signal must be equal to or less than 3 
percent of the flow monitor span.
    (8) You must perform an initial relative accuracy test of the flow 
rate monitoring system according to section 8.2 of Performance 
Specification 6 of appendix B to this part, with the exceptions noted in 
paragraphs (h)(8)(i) and (ii) of this section.
    (i) The relative accuracy test is to evaluate the flow rate 
monitoring system alone rather than a continuous emission rate 
monitoring system.
    (ii) The relative accuracy of the flow rate monitoring system shall 
be no greater than 10 percent of the mean value of the reference method 
data.
    (9) You must verify the accuracy of the flow rate monitoring system 
at least once per year by repeating the relative accuracy test specified 
in paragraph (h)(8) of this section.
    (10) You must operate the flow rate monitoring system and record 
data during all periods of operation of the affected facility including 
periods of startup, shutdown, and malfunction, except for periods of 
monitoring system malfunctions, repairs associated with monitoring 
system malfunctions,

[[Page 344]]

and required monitoring system quality assurance or quality control 
activities (including, as applicable, calibration checks and required 
zero and span adjustments.
    (i) Development and Submittal (Upon Request) of Monitoring Plans. To 
demonstrate compliance with any applicable emissions limit through 
performance stack testing or other emissions monitoring (including PM 
CPMS), you must develop a site-specific monitoring plan according to the 
requirements in paragraphs (i)(1) through (4) of this section. This 
requirement also applies to you if you petition the EPA Administrator 
for alternative monitoring parameters under Sec.  60.13(3)(i). If you 
use a bag leak detector system (BLDS), you must also meet the 
requirements specified in paragraph Sec.  63.1350(m)(10) of this 
chapter.
    (1) For each continuous monitoring system (CMS) required in this 
section, you must develop, and submit to the permitting authority for 
approval upon request, a site-specific monitoring plan that addresses 
paragraphs (i)(1)(i) through (iii) of this section. You must submit this 
site-specific monitoring plan, if requested, at least 30 days before the 
initial performance evaluation of your CMS.
    (i) Installation of the CMS sampling probe or other interface at a 
measurement location relative to each affected process unit such that 
the measurement is representative of control of the exhaust emissions 
(e.g., on or downstream of the last control device);
    (ii) Performance and equipment specifications for the sample 
interface, the pollutant concentration or parametric signal analyzer, 
and the data collection and reduction systems; and
    (iii) Performance evaluation procedures and acceptance criteria 
(e.g., calibrations).
    (2) In your site-specific monitoring plan, you must also address 
paragraphs (i)(2)(i) through (iii) of this section.
    (i) Ongoing operation and maintenance procedures in accordance with 
the general requirements of Sec.  63.8(c)(1), (c)(3), and (c)(4)(ii);
    (ii) Ongoing data quality assurance procedures in accordance with 
the general requirements of Sec.  63.8(d); and
    (iii) Ongoing recordkeeping and reporting procedures in accordance 
with the general requirements of Sec.  63.10(c), (e)(1), and (e)(2)(i).
    (3) You must conduct a performance evaluation of each CMS in 
accordance with your site-specific monitoring plan.
    (4) You must operate and maintain the CMS in continuous operation 
according to the site-specific monitoring plan.

[75 FR 55035, Sept. 9, 2010, as amended at 78 FR 10032, Feb. 12, 2013; 
80 FR 44777, July 27, 2015]



Sec.  60.64  Test methods and procedures.

    (a) In conducting the performance tests and relative accuracy tests 
required in Sec.  60.8, you must use reference methods and procedures 
and the test methods in appendix A of this part or other methods and 
procedures as specified in this section, except as provided in Sec.  
60.8(b).
    (b)(1)You must demonstrate compliance with the PM standards in Sec.  
60.62 using EPA method 5 or method 5I.
    (2) Use Method 9 and the procedures in Sec.  60.11 to determine 
opacity.
    (3) Any sources other than kilns (including associated alkali bypass 
and clinker cooler) that are subject to the 10 percent opacity limit 
must follow the appropriate monitoring procedures in Sec.  63.1350(f), 
(m)(1)through (4), (10) and (11), (o), and (p) of this chapter.
    (c) Calculate and record the rolling 30 kiln operating day average 
emission rate daily of NOX and SO2 according to 
the procedures in paragraph (c)(1) of this section.
    (1) Calculate the rolling 30 kiln operating day average emissions 
according to equation 6:

[[Page 345]]

[GRAPHIC] [TIFF OMITTED] TR12FE13.005

Where:

E30D = 30 kiln operating day average emission rate of 
          NOX or SO2, lb/ton of clinker.
Ci = Concentration of NOX or SO2 for 
          hour i, ppm.
Qi = Volumetric flow rate of effluent gas for hour i, where
Ci and Qi are on the same basis (either wet or 
          dry), scf/hr.
P = 30 days of clinker production during the same time period as the 
          NOX or SO2 emissions measured, tons.
k = Conversion factor, 1.194 x 10-7 for NOX and 
          1.660 x 10-7 for SO2, lb/scf/ppm.
n = Number of kiln operating hours over 30 kiln operating days.

    (2) [Reserved]
    (d)(1) Within 60 days after the date of completing each performance 
test (see Sec.  60.8) as required by this subpart you must submit the 
results of the performance tests conducted to demonstrate compliance 
under this subpart to the EPA's WebFIRE database by using the Compliance 
and Emissions Data Reporting Interface (CEDRI) that is accessed through 
the EPA's Central Data Exchange (CDX) (http://www.epa.gov/cdx). 
Performance test data must be submitted in the file format generated 
through use of the 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, flash 
drive or other commonly used electronic storage media to the EPA. The 
electronic media must be clearly marked as CBI and mailed to U.S. EPA/
OAPQS/CORE CBI Office, Attention: WebFIRE Administrator, MD C404-02, 
4930 Old Page Rd., Durham, NC 27703. The same ERT file with the CBI 
omitted must be submitted to the EPA via CDX as described earlier in 
this paragraph. At the discretion of the delegated authority, you must 
also submit these reports, including the 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, you must submit the results of the performance test to the 
Administrator at the appropriate address listed in Sec.  63.13.
    (2) Within 60 days after the date of completing each CEMS 
performance evaluation test as defined in Sec.  63.2, you must submit 
relative accuracy test audit (RATA) data to the EPA's CDX by using CEDRI 
in accordance with paragraph (d)(1) of this section. Only RATA 
pollutants that can be documented with the ERT (as listed on the ERT Web 
site) are subject to this requirement. For any performance evaluations 
with no corresponding RATA pollutants listed on the ERT Web site, you 
must submit the results of the performance evaluation to the 
Administrator at the appropriate address listed in Sec.  63.13.
    (3) For PM performance test reports used to set a PM CPMS operating 
limit, the electronic submission of the test report must also include 
the make and model of the PM CPMS instrument, serial number of the 
instrument, analytical principle of the instrument (e.g. beta 
attenuation), span of the instruments primary analytical range, milliamp 
value equivalent to the instrument zero output, technique by which this 
zero value was determined, and the average milliamp signals 
corresponding to each PM compliance test run.
    (4) All reports required by this subpart not subject to the 
requirements in paragraphs (d)(1) and (2) of this section must be sent 
to the Administrator at the appropriate address listed in Sec.  63.13. 
The Administrator or the delegated authority may request a report in any 
form suitable for the specific case (e.g.,

[[Page 346]]

by commonly used electronic media such as Excel spreadsheet, on CD or 
hard copy). The Administrator retains the right to require submittal of 
reports subject to paragraph (d)(1) and (2) of this section in paper 
format.

[78 FR 10035, Feb. 12, 2013, as amended at 80 FR 44778, July 27, 2015]



Sec.  60.65  Recordkeeping and reporting requirements.

    (a) Each owner or operator required to install a CPMS or CEMS under 
sections Sec.  60.63(c) through (e) shall submit reports of excess 
emissions. The content of these reports must comply with the 
requirements in Sec.  60.7(c). Notwithstanding the provisions of Sec.  
60.7(c), such reports shall be submitted semiannually.
    (b) Each owner or operator of facilities subject to the provisions 
of Sec.  60.63(c) through (e) shall submit semiannual reports of the 
malfunction information required to be recorded by Sec.  60.7(b). These 
reports shall include the frequency, duration, and cause of any incident 
resulting in deenergization of any device controlling kiln emissions or 
in the venting of emissions directly to the atmosphere.
    (c) The requirements of this section remain in force until and 
unless the Agency, in delegating enforcement authority to a State under 
section 111(c) of the Clean Air Act, 42 U.S.C. 7411, approves reporting 
requirements or an alternative means of compliance surveillance adopted 
by such States. In that event, affected sources within the State will be 
relieved of the obligation to comply with this section, provided that 
they comply with the requirements established by the State.

[78 FR 10035, Feb. 12, 2013]



Sec.  60.66  Delegation of authority.

    (a) This subpart can be implemented and enforced by the U.S. EPA or 
a delegated authority such as a State, local, or Tribal agency. You 
should contact your U.S. EPA Regional Office to find out if this subpart 
is delegated to a State, local, or Tribal agency within your State.
    (b) In delegating implementation and enforcement authority to a 
State, local, or Tribal agency, the approval authorities contained 
paragraphs (b)(1) through (4) of this section are retained by the 
Administrator of the U.S EPA and are not transferred to the State, 
local, or Tribal agency.
    (1) Approval of an alternative to any non-opacity emissions 
standard.
    (2) Approval of a major change to test methods under Sec.  60.8(b). 
A ``major change to test method'' is defined in 40 CFR 63.90.
    (3) Approval of a major change to monitoring under Sec.  60.13(i). A 
``major change to monitoring'' is defined in 40 CFR 63.90.
    (4) Approval of a major change to recordkeeping/reporting under 
Sec.  60.7(b) through (f). A ``major change to recordkeeping/reporting'' 
is defined in 40 CFR 63.90.

[75 FR 55037, Sept. 9, 2010]



        Subpart G_Standards of Performance for Nitric Acid Plants



Sec.  60.70  Applicability and designation of affected facility.

    (a) The provisions of this subpart are applicable to each nitric 
acid production unit, which is the affected facility.
    (b) Any facility under paragraph (a) of this section that commences 
construction or modification after August 17, 1971, and on or before 
October 14, 2011 is subject to the requirements of this subpart. Any 
facility that commences construction or modification after October 14, 
2011 is subject to subpart Ga of this part.

[42 FR 37936, July 25, 1977, as amended at 77 FR 48445, Aug. 14, 2012]



Sec.  60.71  Definitions.

    As used in this subpart, all terms not defined herein shall have the 
meaning given them in the Act and in subpart A of this part.
    (a) Nitric acid production unit means any facility producing weak 
nitric acid by either the pressure or atmospheric pressure process.
    (b) Weak nitric acid means acid which is 30 to 70 percent in 
strength.



Sec.  60.72  Standard for nitrogen oxides.

    (a) On and after the date on which the performance test required to 
be conducted by Sec.  60.8 is completed, no

[[Page 347]]

owner or operator subject to the provisions of this subpart shall cause 
to be discharged into the atmosphere from any affected facility any 
gases which:
    (1) Contain nitrogen oxides, expressed as NO2, in excess 
of 1.5 kg per metric ton of acid produced (3.0 lb per ton), the 
production being expressed as 100 percent nitric acid.
    (2) Exhibit 10 percent opacity, or greater.

[39 FR 20794, June 14, 1974, as amended at 40 FR 46258, Oct. 6, 1975]



Sec.  60.73  Emission monitoring.

    (a) The source owner or operator shall install, calibrate, maintain, 
and operate a continuous monitoring system for measuring nitrogen oxides 
(NOX). The pollutant gas mixtures under Performance 
Specification 2 and for calibration checks under Sec.  60.13(d) of this 
part shall be nitrogen dioxide (NO2). The span value shall be 
500 ppm of NO2. Method 7 shall be used for the performance 
evaluations under Sec.  60.13(c). Acceptable alternative methods to 
Method 7 are given in Sec.  60.74(c).
    (b) The owner or operator shall establish a conversion factor for 
the purpose of converting monitoring data into units of the applicable 
standard (kg/metric ton, lb/ton). The conversion factor shall be 
established by measuring emissions with the continuous monitoring system 
concurrent with measuring emissions with the applicable reference method 
tests. Using only that portion of the continuous monitoring emission 
data that represents emission measurements concurrent with the reference 
method test periods, the conversion factor shall be determined by 
dividing the reference method test data averages by the monitoring data 
averages to obtain a ratio expressed in units of the applicable standard 
to units of the monitoring data, i.e., kg/metric ton per ppm (lb/ton per 
ppm). The conversion factor shall be reestablished during any 
performance test under Sec.  60.8 or any continuous monitoring system 
performance evaluation under Sec.  60.13(c).
    (c) The owner or operator shall record the daily production rate and 
hours of operation.
    (d) [Reserved]
    (e) For the purpose of reports required under Sec.  60.7(c), periods 
of excess emissions that shall be reported are defined as any 3-hour 
period during which the average nitrogen oxides emissions (arithmetic 
average of three contiguous 1-hour periods) as measured by a continuous 
monitoring system exceed the standard under Sec.  60.72(a).

[39 FR 20794, June 14, 1974, as amended at 40 FR 46258, Oct. 6, 1975; 50 
FR 15894, Apr. 22, 1985; 54 FR 6666, Feb. 14, 1989]



Sec.  60.74  Test methods and procedures.

    (a) In conducting the performance tests required in Sec.  60.8, the 
owner or operator shall use as reference methods and procedures the test 
methods in appendix A of this part or other methods and procedures as 
specified in this section, except as provided in Sec.  60.8(b). 
Acceptable alternative methods and procedures are given in paragraph (c) 
of this section.
    (b) The owner or operator shall determine compliance with the 
NOX standard in Sec.  60.72 as follows:
    (1) The emission rate (E) of NOX shall be computed for 
each run using the following equation:

E = (Cs Qsd)/(P K)

where:

E = emission rate of NOX as NO2, kg/metric ton 
          (lb/ton) of 100 percent nitric acid.
Cs = concentration of NOX as NO2, g/
          dscm (lb/dscf).
Qsd = volumetric flow rate of effluent gas, dscm/hr (dscf/
          hr).
P = acid production rate, metric ton/hr (ton/hr) or 100 percent nitric 
          acid.
K = conversion factor, 1000 g/kg (1.0 lb/lb).

    (2) Method 7 shall be used to determine the NOX 
concentration of each grab sample. Method 1 shall be used to select the 
sampling site, and the sampling point shall be the centroid of the stack 
or duct or at a point no closer to the walls than 1 m (3.28 ft). Four 
grab samples shall be taken at approximately 15-minute intervals. The 
arithmetic mean of the four sample concentrations shall constitute the 
run value (Cs).
    (3) Method 2 shall be used to determine the volumetric flow rate 
(Qsd) of the effluent gas. The measurement site shall be the 
same as for the NOX sample. A velocity traverse shall be made

[[Page 348]]

once per run within the hour that the NOX samples are taken.
    (4) The methods of Sec.  60.73(c) shall be used to determine the 
production rate (P) of 100 percent nitric acid for each run. Material 
balance over the production system shall be used to confirm the 
production rate.
    (c) The owner or operator may use the following as alternatives to 
the reference methods and procedures specified in this section:
    (1) For Method 7, Method 7A, 7B, 7C, or 7D may be used. If Method 7C 
or 7D is used, the sampling time shall be at least 1 hour.
    (d) The owner or operator shall use the procedure in Sec.  60.73(b) 
to determine the conversion factor for converting the monitoring data to 
the units of the standard.

[54 FR 6666, Feb. 14, 1989]



  Subpart Ga_Standards of Performance for Nitric Acid Plants for Which 
 Construction, Reconstruction, or Modification Commenced After October 
                                14, 2011

    Source: 77 FR 48445, Aug. 14, 2012, unless otherwise noted.



Sec.  60.70a  Applicability and designation of affected facility.

    (a) The provisions of this subpart are applicable to each nitric 
acid production unit, which is the affected facility.
    (b) This subpart applies to any nitric acid production unit that 
commences construction or modification after October 14, 2011.



Sec.  60.71a  Definitions.

    As used in this subpart, all terms not defined herein shall have the 
meaning given them in the Act and in subpart A of this part.
    Affirmative defense means, in the context of an enforcement 
proceeding, a response or defense put forward by a defendant, regarding 
which the defendant has the burden of proof, and the merits of which are 
independently and objectively evaluated in a judicial or administrative 
proceeding.
    Monitoring system malfunction means a sudden, infrequent, not 
reasonably preventable failure of the monitoring system to provide valid 
data. Monitoring system failures that are caused in part by poor 
maintenance or careless operation are not malfunctions. You are required 
to implement monitoring system repairs in response to monitoring system 
malfunctions or out-of-control periods, and to return the monitoring 
system to operation as expeditiously as practicable.
    Nitric acid production unit means any facility producing weak nitric 
acid by either the pressure or atmospheric pressure process.
    Operating day means a 24-hour period beginning at 12:00 a.m. during 
which the nitric acid production unit operated at any time during this 
period.
    Weak nitric acid means acid which is 30 to 70 percent in strength.



Sec.  60.72a  Standards.

    Nitrogen oxides. On and after the date on which the performance test 
required to be conducted by Sec.  60.73a(e) is completed, you may not 
discharge into the atmosphere from any affected facility any gases which 
contain NOX, expressed as NO2, in excess of 0.50 
pounds (lb) per ton of nitric acid produced, as a 30-day emission rate 
calculated based on 30 consecutive operating days, the production being 
expressed as 100 percent nitric acid. The emission standard applies at 
all times.



Sec.  60.73a  Emissions testing and monitoring.

    (a) General emissions monitoring requirements. You must install and 
operate a NOX concentration (ppmv) continuous emissions 
monitoring system (CEMS). You must also install and operate a stack gas 
flow rate monitoring system. With measurements of stack gas 
NOX concentration and stack gas flow rate, you will determine 
hourly NOX emissions rate (e.g., lb/hr) and with measured 
data of the hourly nitric acid production (tons), calculate emissions in 
units of the applicable emissions limit (lb/ton of 100 percent acid 
produced). You must operate the monitoring system and report emissions 
during all operating periods including unit startup and shutdown, and 
malfunction.

[[Page 349]]

    (b) Nitrogen oxides concentration continuous emissions monitoring 
system. (1) You must install, calibrate, maintain, and operate a CEMS 
for measuring and recording the concentration of NOX 
emissions in accordance with the provisions of Sec.  60.13 and 
Performance Specification 2 of appendix B and Procedure 1 of appendix F 
of this part. You must use cylinder gas audits to fulfill the quarterly 
auditing requirement at section 5.1 of Procedure 1 of appendix F of this 
part for the NOX concentration CEMS.
    (2) For the NOX concentration CEMS, use a span value, as 
defined in Performance Specification 2, section 3.11, of appendix B of 
this part, of 500 ppmv (as NO2). If you emit NOX 
at concentrations higher than 600 ppmv (e.g., during startup or shutdown 
periods), you must apply a second CEMS or dual range CEMS and a second 
span value equal to 125 percent of the maximum estimated NOX 
emission concentration to apply to the second CEMS or to the higher of 
the dual analyzer ranges during such periods.
    (3) For conducting the relative accuracy test audits, per 
Performance Specification 2, section 8.4, of appendix B of this part and 
Procedure 1, section 5.1.1, of appendix F of this part, use either EPA 
Reference Method 7, 7A, 7C, 7D, or 7E of appendix A-4 of this part; EPA 
Reference Method 320 of appendix A of part 63 of this chapter; or ASTM 
D6348-03 (incorporated by reference, see Sec.  60.17). To verify the 
operation of the second CEMS or the higher range of a dual analyzer CEMS 
described in paragraph (b)(2) of this section, you need not conduct a 
relative accuracy test audit but only the calibration drift test 
initially (found in Performance Specification 2, section 8.3.1, of 
appendix B of this part) and the cylinder gas audit thereafter (found in 
Procedure 1, section 5.1.2, of appendix F of this part).
    (4) If you use EPA Reference Method 7E of appendix A-4 of this part, 
you must mitigate loss of NO2 in water according to the 
requirements in paragraphs (b)(4)(i), (ii), or (iii) of this section and 
verify performance by conducting the system bias checks required in EPA 
Reference Method 7E, section 8, of appendix A-4 of this part according 
to (b)(4)(iv) of this section, or follow the dynamic spike procedure 
according to paragraph (b)(4)(v) of this section.
    (i) For a wet-basis measurement system, you must measure and report 
temperature of sample line and components (up to analyzer inlet) to 
demonstrate that the temperatures remain above the sample gas dew point 
at all times during the sampling.
    (ii) You may use a dilution probe to reduce the dew point of the 
sample gas.
    (iii) You may use a refrigerated-type condenser or similar device 
(e.g., permeation dryer) to remove condensate continuously from sample 
gas while maintaining minimal contact between condensate and sample gas.
    (iv) If your analyzer measures nitric oxide (NO) and nitrogen 
dioxide (NO2) separately, you must use both NO and 
NO2 calibration gases. Otherwise, you must substitute 
NO2 calibration gas for NO calibration gas in the performance 
of system bias checks.
    (v) You must conduct dynamic spiking according to EPA Reference 
Method 7E, section 16.1, of appendix A-4 of this part using 
NO2 as the spike gas.
    (5) Instead of a NOX concentration CEMS meeting 
Performance Specification 2, you may apply an FTIR CEMS meeting the 
requirements of Performance Specification 15 of appendix B of this part 
to measure NOX concentrations. Should you use an FTIR CEMS, 
you must replace the Relative Accuracy Test Audit requirements of 
Procedure 1 of appendix F of this part with the validation requirements 
and criteria of Performance Specification 15, sections 11.1.1 and 12.0, 
of appendix B of this part.
    (c) Determining NOX mass emissions rate values. You must use the 
NOX concentration CEMS, acid production, gas flow rate 
monitor and other monitoring data to calculate emissions data in units 
of the applicable limit (lb NOX/ton of acid produced 
expressed as 100 percent nitric acid).
    (1) You must install, calibrate, maintain, and operate a CEMS for 
measuring and recording the stack gas flow rates to use in combination 
with data from the CEMS for measuring emissions concentrations of 
NOX to produce data in units of mass rate (e.g., lb/hr)

[[Page 350]]

of NOX on an hourly basis. You will operate and certify the 
continuous emissions rate monitoring system (CERMS) in accordance with 
the provisions of Sec.  60.13 and Performance Specification 6 of 
appendix B of this part. You must comply with the following provisions 
in (c)(1)(i) through (iii) of this section.
    (i) You must use a stack gas flow rate sensor with a full scale 
output of at least 125 percent of the maximum expected exhaust 
volumetric flow rate (see Performance Specification 6, section 8, of 
appendix B of this part).
    (ii) For conducting the relative accuracy test audits, per 
Performance Specification 6, section 8.2 of appendix B of this part and 
Procedure 1, section 5.1.1, of appendix F of this part, you must use 
either EPA Reference Method 2, 2F, or 2G of appendix A-4 of this part. 
You may also apply Method 2H in conjunction with other velocity 
measurements.
    (iii) You must verify that the CERMS complies with the quality 
assurance requirements in Procedure 1 of appendix F of this part. You 
must conduct relative accuracy testing to provide for calculating the 
relative accuracy for RATA and RAA determinations in units of lb/hour.
    (2) You must determine the nitric acid production parameters 
(production rate and concentration) by installing, calibrating, 
maintaining, and operating a permanent monitoring system (e.g., weigh 
scale, volume flow meter, mass flow meter, tank volume) to measure and 
record the weight rates of nitric acid produced in tons per hour. If 
your nitric acid production rate measurements are for periods longer 
than hourly (e.g., daily values), you will determine average hourly 
production values, tons acid/hr, by dividing the total acid production 
by the number of hours of process operation for the subject measurement 
period. You must comply with the following provisions in (c)(2)(i) 
through (iv) of this section.
    (i) You must verify that each component of the monitoring system has 
an accuracy and precision of no more than 5 
percent of full scale.
    (ii) You must analyze product concentration via titration or by 
determining the temperature and specific gravity of the nitric acid. You 
may also use ASTM E1584-11 (incorporated by reference, see Sec.  60.17), 
for determining the concentration of nitric acid in percent. You must 
determine product concentration daily.
    (iii) You must use the acid concentration to express the nitric acid 
production as 100 percent nitric acid.
    (iv) You must record the nitric acid production, expressed as 100 
percent nitric acid, and the hours of operation.
    (3) You must calculate hourly NOX emissions rates in 
units of the standard (lb/ton acid) for each hour of process operation. 
For process operating periods for which there is little or no acid 
production (e.g., startup or shutdown), you must use the average hourly 
acid production rate determined from the data collected over the 
previous 30 days of normal acid production periods (see Sec.  60.75a).
    (d) Continuous monitoring system. For each continuous monitoring 
system, including NOX concentration measurement, volumetric 
flow rate measurement, and nitric acid production measurement equipment, 
you must meet the requirements in paragraphs (d)(1) through (3) of this 
section.
    (1) You must operate the monitoring system and collect data at all 
required intervals at all times the affected facility is operating 
except for periods of monitoring system malfunctions or out-of-control 
periods as defined in appendix F, sections 4 and 5, of this part, 
repairs associated with monitoring system malfunctions or out-of-control 
periods, and required monitoring system quality assurance or quality 
control activities including, as applicable, calibration checks and 
required zero and span adjustments.
    (2) You may not use data recorded during monitoring system 
malfunctions or out-of-control periods, repairs associated with 
monitoring system malfunctions or out-of-control periods, or required 
monitoring system quality assurance or control activities in 
calculations used to report emissions or operating levels. You must use 
all the data collected during all other periods in calculating emissions 
and the status of compliance with the applicable emissions limit in 
accordance with Sec.  60.72a(a).

[[Page 351]]

    (e) Initial performance testing. You must conduct an initial 
performance test to demonstrate compliance with the NOX 
emissions limit under Sec.  60.72a(a) beginning in the calendar month 
following initial certification of the NOX and flow rate 
monitoring CEMS. The initial performance test consists of collection of 
hourly NOX average concentration, mass flow rate recorded 
with the certified NOX concentration and flow rate CEMS and 
the corresponding acid generation (tons) data for all of the hours of 
operation for the first 30 days beginning on the first day of the first 
month following completion of the CEMS installation and certification as 
described above. You must assure that the CERMS meets all of the data 
quality assurance requirements as per Sec.  60.13 and appendix F, 
Procedure 1, of this part and you must use the data from the CERMS for 
this compliance determination.



Sec.  60.74a  Affirmative defense for violations of emission standards
during malfunction.

    In response to an action to enforce the standards set forth in Sec.  
60.72a, you may assert an affirmative defense to a claim for civil 
penalties for violations of such standards that are caused by 
malfunction, as defined at 40 CFR 60.2. Appropriate penalties may be 
assessed, however, if you fail to meet your burden of proving all of the 
requirements in the affirmative defense. The affirmative defense shall 
not be available for claims for injunctive relief.
    (a) To establish the affirmative defense in any action to enforce 
such a standard, you must timely meet the reporting requirements in 
paragraph (b) of this section, and must prove by a preponderance of 
evidence that:
    (1) The violation:
    (i) Was caused by a sudden, infrequent, and unavoidable failure of 
air pollution control equipment, process equipment, or a process to 
operate in a normal or usual manner; and
    (ii) Could not have been prevented through careful planning, proper 
design or better operation and maintenance practices; and
    (iii) Did not stem from any activity or event that could have been 
foreseen and avoided, or planned for; and
    (iv) Was not part of a recurring pattern indicative of inadequate 
design, operation, or maintenance; and
    (2) Repairs were made as expeditiously as possible when a violation 
occurred. Off-shift and overtime labor were used, to the extent 
practicable to make these repairs; and
    (3) The frequency, amount, and duration of the violation (including 
any bypass) were minimized to the maximum extent practicable; and
    (4) If the violation resulted from a bypass of control equipment or 
a process, then the bypass was unavoidable to prevent loss of life, 
personal injury, or severe property damage; and
    (5) All possible steps were taken to minimize the impact of the 
violation on ambient air quality, the environment, and human health; and
    (6) All emissions monitoring and control systems were kept in 
operation if at all possible, consistent with safety and good air 
pollution control practices; and
    (7) All of the actions in response to the violation were documented 
by properly signed, contemporaneous operating logs; and
    (8) At all times, the affected facility was operated in a manner 
consistent with good practices for minimizing emissions; and
    (9) A written root cause analysis has been prepared, the purpose of 
which is to determine, correct, and eliminate the primary causes of the 
malfunction and the violation resulting from the malfunction event at 
issue. The analysis shall also specify, using best monitoring methods 
and engineering judgment, the amount of any emissions that were the 
result of the malfunction.
    (b) Report. The owner or operator seeking to assert an affirmative 
defense shall submit a written report to the Administrator with all 
necessary supporting documentation, that it has met the requirements set 
forth in paragraph (a) of this section. This affirmative defense report 
shall be included in the first periodic compliance, deviation report or 
excess emission report otherwise required after the initial occurrence 
of the violation of the relevant standard (which may be the end of any 
applicable averaging period). If such

[[Page 352]]

compliance, deviation report or excess emission report is due less than 
45 days after the initial occurrence of the violation, the affirmative 
defense report may be included in the second compliance, deviation 
report or excess emission report due after the initial occurrence of the 
violation of the relevant standard.



Sec.  60.75a  Calculations.

    (a) You must calculate the 30 operating day rolling arithmetic 
average emissions rate in units of the applicable emissions standard (lb 
NOX/ton 100 percent acid produced) at the end of each 
operating day using all of the quality assured hourly average CEMS data 
for the previous 30 operating days.
    (b) You must calculate the 30 operating day average emissions rate 
according to Equation 1:
[GRAPHIC] [TIFF OMITTED] TR06MY14.000

Where:

E30 = 30 operating day average emissions rate of 
          NOX, lb NOX/ton of 100 percent 
          HNO3;
Ci = concentration of NOX for hour i, ppmv;
Qi = volumetric flow rate of effluent gas for hour i, where 
          Ci and Qi are on the same basis (either 
          wet or dry), scf/hr;
Pi = total acid produced during production hour i, tons 100 
          percent HNO3;
k = conversion factor, 1.194 x 10-7 for NOX; and
n = number of operating hours in the 30 operating day period, i.e., n is 
          between 30 and 720.

[77 FR 48445, Aug. 14, 2012; 79 FR 25681, May 6, 2014]



Sec.  60.76a  Recordkeeping.

    (a) For the NOX emissions rate, you must keep records for 
and results of the performance evaluations of the continuous emissions 
monitoring systems.
    (b) You must maintain records of the following information for each 
30 operating day period:
    (1) Hours of operation.
    (2) Production rate of nitric acid, expressed as 100 percent nitric 
acid.
    (3) 30 operating day average NOX emissions rate values.
    (c) You must maintain records of the following time periods:
    (1) Times when you were not in compliance with the emissions 
standards.
    (2) Times when the pollutant concentration exceeded full span of the 
NOX monitoring equipment.
    (3) Times when the volumetric flow rate exceeded the high value of 
the volumetric flow rate monitoring equipment.
    (d) You must maintain records of the reasons for any periods of 
noncompliance and description of corrective actions taken.
    (e) You must maintain records of any modifications to CEMS which 
could affect the ability of the CEMS to comply with applicable 
performance specifications.
    (f) For each malfunction, you must maintain records of the following 
information:
    (1) Records of the occurrence and duration of each malfunction of 
operation (i.e., process equipment) or the air pollution control and 
monitoring equipment.
    (2) Records of actions taken during periods of malfunction to 
minimize emissions in accordance with Sec.  60.11(d), including 
corrective actions to restore malfunctioning process and air pollution 
control and monitoring equipment to its normal or usual manner of 
operation.

[[Page 353]]



Sec.  60.77a  Reporting.

    (a) The performance test data from the initial and subsequent 
performance tests and from the performance evaluations of the continuous 
monitors must be submitted to the Administrator at the appropriate 
address as shown in 40 CFR 60.4.
    (b) The following information must be reported to the Administrator 
for each 30 operating day period where you were not in compliance with 
the emissions standard:
    (1) Time period;
    (2) NOX emission rates (lb/ton of acid produced);
    (3) Reasons for noncompliance with the emissions standard; and
    (4) Description of corrective actions taken.
    (c) You must also report the following whenever they occur:
    (1) Times when the pollutant concentration exceeded full span of the 
NOX pollutant monitoring equipment.
    (2) Times when the volumetric flow rate exceeded the high value of 
the volumetric flow rate monitoring equipment.
    (d) You must report any modifications to CERMS which could affect 
the ability of the CERMS to comply with applicable performance 
specifications.
    (e) Within 60 days of completion of the relative accuracy test audit 
(RATA) required by this subpart, you must submit the data from that 
audit to EPA's WebFIRE database by using the Compliance and Emissions 
Data Reporting Interface (CEDRI) that is accessed through EPA's Central 
Data Exchange (CDX) (https://cdx.epa.gov/SSL/cdx /EPA__Home.asp). You 
must submit performance test data in the file format generated through 
use of EPA's Electronic Reporting Tool (ERT) (http://www.epa.gov/ttn/
chief /ert/index.html). Only data collected using test methods listed 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) 
by registered letter to EPA and the same ERT file with the CBI omitted 
to EPA via CDX as described earlier in this paragraph. Mark the compact 
disk or other commonly used electronic storage media clearly as CBI and 
mail to U.S. EPA/OAPQS/CORE CBI Office, Attention: WebFIRE 
Administrator, MD C404-02, 4930 Old Page Rd., Durham, NC 27703. At the 
discretion of the delegated authority, you must also submit these 
reports to the delegated authority in the format specified by the 
delegated authority. You must submit the other information as required 
in the performance evaluation as described in Sec.  60.2 and as required 
in this chapter.
    (f) If a malfunction occurred during the reporting period, you must 
submit a report that contains the following:
    (1) The number, duration, and a brief description for each type of 
malfunction which occurred during the reporting period and which caused 
or may have caused any applicable emission limitation to be exceeded.
    (2) A description of actions taken by an owner or operator during a 
malfunction of an affected facility to minimize emissions in accordance 
with Sec.  60.11(d), including actions taken to correct a malfunction.



       Subpart H_Standards of Performance for Sulfuric Acid Plants



Sec.  60.80  Applicability and designation of affected facility.

    (a) The provisions of this subpart are applicable to each sulfuric 
acid production unit, which is the affected facility.
    (b) Any facility under paragraph (a) of this section that commences 
construction or modification after August 17, 1971, is subject to the 
requirements of this subpart.

[42 FR 37936, July 25, 1977]



Sec.  60.81  Definitions.

    As used in this subpart, all terms not defined herein shall have the 
meaning given them in the Act and in subpart A of this part.
    (a) Sulfuric acid production unit means any facility producing 
sulfuric acid by

[[Page 354]]

the contact process by burning elemental sulfur, alkylation acid, 
hydrogen sulfide, organic sulfides and mercaptans, or acid sludge, but 
does not include facilities where conversion to sulfuric acid is 
utilized primarily as a means of preventing emissions to the atmosphere 
of sulfur dioxide or other sulfur compounds.
    (b) Acid mist means sulfuric acid mist, as measured by Method 8 of 
appendix A to this part or an equivalent or alternative method.

[36 FR 24877, Dec. 23, 1971, as amended at 39 FR 20794, June 14, 1974]



Sec.  60.82  Standard for sulfur dioxide.

    (a) On and after the date on which the performance test required to 
be conducted by Sec.  60.8 is completed, no owner or operator subject to 
the provisions of this subpart shall cause to be discharged into the 
atmosphere from any affected facility any gases which contain sulfur 
dioxide in excess of 2 kg per metric ton of acid produced (4 lb per 
ton), the production being expressed as 100 percent 
H2SO4.

[39 FR 20794, June 14, 1974]



Sec.  60.83  Standard for acid mist.

    (a) On and after the date on which the performance test required to 
be conducted by Sec.  60.8 is completed, no owner or operator subject to 
the provisions of this subpart shall cause to be discharged into the 
atmosphere from any affected facility any gases which:
    (1) Contain acid mist, expressed as H2SO4, in 
excess of 0.075 kg per metric ton of acid produced (0.15 lb per ton), 
the production being expressed as 100 percent 
H2SO4.
    (2) Exhibit 10 percent opacity, or greater.

[39 FR 20794, June 14, 1974, as amended at 40 FR 46258, Oct. 6, 1975]



Sec.  60.84  Emission monitoring.

    (a) A continuous monitoring system for the measurement of sulfur 
dioxide shall be installed, calibrated, maintained, and operated by the 
owner or operator. The pollutant gas used to prepare calibration gas 
mixtures under Performance Specification 2 and for calibration checks 
under Sec.  60.13(d), shall be sulfur dioxide (SO2). Method 8 
shall be used for conducting monitoring system performance evaluations 
under Sec.  60.13(c) except that only the sulfur dioxide portion of the 
Method 8 results shall be used. The span value shall be set at 1000 ppm 
of sulfur dioxide.
    (b) The owner or operator shall establish a conversion factor for 
the purpose of converting monitoring data into units of the applicable 
standard (kg/metric ton, lb/ton). The conversion factor shall be 
determined, as a minimum, three times daily by measuring the 
concentration of sulfur dioxide entering the converter using suitable 
methods (e.g., the Reich test, National Air Pollution Control 
Administration Publication No. 999-AP-13) and calculating the 
appropriate conversion factor for each eight-hour period as follows:

CF = k[(1.000-0.015r)/(r-s)]

where:

CF = conversion factor (kg/metric ton per ppm, lb/ton per ppm).
k = constant derived from material balance. For determining CF in metric 
          units, k = 0.0653. For determining CF in English units, k = 
          0.1306.
r = percentage of sulfur dioxide by volume entering the gas converter. 
          Appropriate corrections must be made for air injection plants 
          subject to the Administrator's approval.
s = percentage of sulfur dioxide by volume in the emissions to the 
          atmosphere determined by the continuous monitoring system 
          required under paragraph (a) of this section.

    (c) The owner or operator shall record all conversion factors and 
values under paragraph (b) of this section from which they were computed 
(i.e., CF, r, and s).
    (d) Alternatively, a source that processes elemental sulfur or an 
ore that contains elemental sulfur and uses air to supply oxygen may use 
the following continuous emission monitoring approach and calculation 
procedures in determining SO2 emission rates in terms of the 
standard. This procedure is not required, but is an alternative that 
would alleviate problems encountered in the measurement of gas 
velocities or production rate. Continuous emission monitoring systems 
for measuring SO2, O2, and CO2 (if 
required)

[[Page 355]]

shall be installed, calibrated, maintained, and operated by the owner or 
operator and subjected to the certification procedures in Performance 
Specifications 2 and 3. The calibration procedure and span value for the 
SO2 monitor shall be as specified in paragraph (b) of this 
section. The span value for CO2 (if required) shall be 10 
percent and for O2 shall be 20.9 percent (air). A conversion 
factor based on process rate data is not necessary. Calculate the 
SO2 emission rate as follows:

Es = (Cs S)/[0.265 - (0.0126 %O2) - (A 
%CO2)]

where:

Es = emission rate of SO2, kg/metric ton (lb/ton) 
          of 100 percent of H2SO4 produced.
Cs = concentration of SO2, kg/dscm (lb/dscf).
S = acid production rate factor, 368 dscm/metric ton (11,800 dscf/ton) 
          of 100 percent H2SO4 produced.
%O2 = oxygen concentration, percent dry basis.
A = auxiliary fuel factor,
     = 0.00 for no fuel.
     = 0.0226 for methane.
     = 0.0217 for natural gas.
     = 0.0196 for propane.
     = 0.0172 for No 2 oil.
     = 0.0161 for No 6 oil.
     = 0.0148 for coal.
     = 0.0126 for coke.
%CO2 = carbon dioxide concentration, percent dry basis.

    Note: It is necessary in some cases to convert measured 
concentration units to other units for these calculations:

Use the following table for such conversions:

------------------------------------------------------------------------
              From--                        To--           Multiply by--
------------------------------------------------------------------------
g/scm.............................  kg/scm..............            10-3
mg/scm............................  kg/scm..............            10-6
ppm (SO2).........................  kg/scm..............    2.660 x 10-6
ppm (SO2).........................  lb/scf..............    1.660 x 10-7
------------------------------------------------------------------------

    (e) For the purpose of reports under Sec.  60.7(c), periods of 
excess emissions shall be all three-hour periods (or the arithmetic 
average of three consecutive one-hour periods) during which the 
integrated average sulfur dioxide emissions exceed the applicable 
standards under Sec.  60.82.

[39 FR 20794, June 14, 1974, as amended at 40 FR 46258, Oct. 6, 1975; 48 
FR 23611, May 25, 1983; 48 FR 4700, Sept. 29, 1983; 48 FR 48669, Oct. 
20, 1983; 54 FR 6666, Feb. 14, 1989; 65 FR 61753, Oct. 17, 2000; 79 FR 
11250, Feb. 27, 2014]



Sec.  60.85  Test methods and procedures.

    (a) In conducting the performance tests required in Sec.  60.8, the 
owner or operator shall use as reference methods and procedures the test 
methods in appendix A of this part or other methods and procedures as 
specified in this section, except as provided in Sec.  60.8(b). 
Acceptable alternative methods and procedures are given in paragraph (c) 
of this section.
    (b) The owner or operator shall determine compliance with the 
SO2 acid mist, and visible emission standards in Sec. Sec.  
60.82 and 60.83 as follows:
    (1) The emission rate (E) of acid mist or SO2 shall be 
computed for each run using the following equation:

E = (CQsd) / (PK)

where:

E = emission rate of acid mist or SO2 kg/metric ton (lb/ton) 
          of 100 percent H2SO4 produced.
C = concentration of acid mist or SO2, g/dscm (lb/dscf).
Qsd = volumetric flow rate of the effluent gas, dscm/hr 
          (dscf/hr).
P = production rate of 100 percent H2SO4, metric 
          ton/hr (ton/hr).
K = conversion factor, 1000 g/kg (1.0 lb/lb).

    (2) Method 8 shall be used to determine the acid mist and 
SO2 concentrations (C's) and the volumetric flow rate 
(Qsd) of the effluent gas. The moisture content may be 
considered to be zero. The sampling time and sample volume for each run 
shall be at least 60 minutes and 1.15 dscm (40.6 dscf).
    (3) Suitable methods shall be used to determine the production rate 
(P) of 100 percent H2SO4 for each run. Material 
balance over the production system shall be used to confirm the 
production rate.
    (4) Method 9 and the procedures in Sec.  60.11 shall be used to 
determine opacity.
    (c) The owner or operator may use the following as alternatives to 
the reference methods and procedures specified in this section:
    (1) If a source processes elemental sulfur or an ore that contains 
elemental sulfur and uses air to supply oxygen, the following procedure 
may be used instead of determining the volumetric flow rate and 
production rate:

[[Page 356]]

    (i) The integrated technique of Method 3 is used to determine the 
O2 concentration and, if required, CO2 
concentration.
    (ii) The SO2 or acid mist emission rate is calculated as 
described in Sec.  60.84(d), substituting the acid mist concentration 
for Cs as appropriate.

[54 FR 6666, Feb. 14, 1989]



    Subpart I_Standards of Performance for Hot Mix Asphalt Facilities



Sec.  60.90  Applicability and designation of affected facility.

    (a) The affected facility to which the provisions of this subpart 
apply is each hot mix asphalt facility. For the purpose of this subpart, 
a hot mix asphalt facility is comprised only of any combination of the 
following: dryers; systems for screening, handling, storing, and 
weighing hot aggregate; systems for loading, transferring, and storing 
mineral filler, systems for mixing hot mix asphalt; and the loading, 
transfer, and storage systems associated with emission control systems.
    (b) Any facility under paragraph (a) of this section that commences 
construction or modification after June 11, 1973, is subject to the 
requirements of this subpart.

[42 FR 37936, July 25, 1977, as amended at 51 FR 12325, Apr. 10, 1986]



Sec.  60.91  Definitions.

    As used in this subpart, all terms not defined herein shall have the 
meaning given them in the Act and in subpart A of this part.
    (a) Hot mix asphalt facility means any facility, as described in 
Sec.  60.90, used to manufacture hot mix asphalt by heating and drying 
aggregate and mixing with asphalt cements.

[51 FR 12325, Apr. 10, 1986]



Sec.  60.92  Standard for particulate matter.

    (a) On and after the date on which the performance test required to 
be conducted by Sec.  60.8 is completed, no owner or operator subject to 
the provisions of this subpart shall discharge or cause the discharge 
into the atmosphere from any affected facility any gases which:
    (1) Contain particulate matter in excess of 90 mg/dscm (0.04 gr/
dscf).
    (2) Exhibit 20 percent opacity, or greater.

[39 FR 9314, Mar. 8, 1974, as amended at 40 FR 46259, Oct. 6, 1975]



Sec.  60.93  Test methods and procedures.

    (a) In conducting the performance tests required in Sec.  60.8, the 
owner or operator shall use as reference methods and procedures the test 
methods in appendix A of this part or other methods and procedures as 
specified in this section, except as provided in Sec.  60.8(b).
    (b) The owner or operator shall determine compliance with the 
particulate matter standards in Sec.  60.92 as follows:
    (1) Method 5 shall be used to determine the particulate matter 
concentration. The sampling time and sample volume for each run shall be 
at least 60 minutes and 0.90 dscm (31.8 dscf).
    (2) Method 9 and the procedures in Sec.  60.11 shall be used to 
determine opacity.

[54 FR 6667, Feb. 14, 1989]



       Subpart J_Standards of Performance for Petroleum Refineries



Sec.  60.100  Applicability, designation of affected facility, and
reconstruction.

    (a) The provisions of this subpart are applicable to the following 
affected facilities in petroleum refineries: fluid catalytic cracking 
unit catalyst regenerators, fuel gas combustion devices, and all Claus 
sulfur recovery plants except Claus plants with a design capacity for 
sulfur feed of 20 long tons per day (LTD) or less. The Claus sulfur 
recovery plant need not be physically located within the boundaries of a 
petroleum refinery to be an affected facility, provided it processes 
gases produced within a petroleum refinery.
    (b) Any fluid catalytic cracking unit catalyst regenerator or fuel 
gas combustion device under paragraph (a) of this section other than a 
flare which commences construction, reconstruction or modification after 
June 11, 1973, and on or before May 14, 2007, or any

[[Page 357]]

fuel gas combustion device under paragraph (a) of this section that is 
also a flare which commences construction, reconstruction or 
modification after June 11, 1973, and on or before June 24, 2008, or any 
Claus sulfur recovery plant under paragraph (a) of this section which 
commences construction, reconstruction or modification after October 4, 
1976, and on or before May 14, 2007, is subject to the requirements of 
this subpart except as provided under paragraphs (c) through (e) of this 
section.
    (c) Any fluid catalytic cracking unit catalyst regenerator under 
paragraph (b) of this section which commences construction, 
reconstruction, or modification on or before January 17, 1984, is 
exempted from Sec.  60.104(b).
    (d) Any fluid catalytic cracking unit in which a contact material 
reacts with petroleum derivatives to improve feedstock quality and in 
which the contact material is regenerated by burning off coke and/or 
other deposits and that commences construction, reconstruction, or 
modification on or before January 17, 1984, is exempt from this subpart.
    (e) Owners or operators may choose to comply with the applicable 
provisions of subpart Ja of this part to satisfy the requirements of 
this subpart for an affected facility.
    (f) For purposes of this subpart, under Sec.  60.15, the ``fixed 
capital cost of the new components'' includes the fixed capital cost of 
all depreciable components which are or will be replaced pursuant to all 
continuous programs of component replacement which are commenced within 
any 2-year period following January 17, 1984. For purposes of this 
paragraph, ``commenced'' means that an owner or operator has undertaken 
a continuous program of component replacement or that an owner or 
operator has entered into a contractual obligation to undertake and 
complete, within a reasonable time, a continuous program of component 
replacement.

[43 FR 10868, Mar. 15, 1978, as amended at 44 FR 61543, Oct. 25, 1979; 
54 FR 34026, Aug. 17, 1989; 73 FR 35865, June 24, 2008; 77 FR 56463, 
Sep. 12, 2012]



Sec.  60.101  Definitions.

    As used in this subpart, all terms not defined herein shall have the 
meaning given them in the Act and in subpart A.
    (a) Petroleum refinery means any facility engaged in producing 
gasoline, kerosene, distillate fuel oils, residual fuel oils, 
lubricants, or other products through distillation of petroleum or 
through redistillation, cracking or reforming of unfinished petroleum 
derivatives.
    (b) Petroleum means the crude oil removed from the earth and the 
oils derived from tar sands, shale, and coal.
    (c) Process gas means any gas generated by a petroleum refinery 
process unit, except fuel gas and process upset gas as defined in this 
section.
    (d) Fuel gas means any gas which is generated at a petroleum 
refinery and which is combusted. Fuel gas includes natural gas when the 
natural gas is combined and combusted in any proportion with a gas 
generated at a refinery. Fuel gas does not include gases generated by 
catalytic cracking unit catalyst regenerators and fluid coking burners. 
Fuel gas does not include vapors that are collected and combusted in a 
thermal oxidizer or flare installed to control emissions from wastewater 
treatment units or marine tank vessel loading operations.
    (e) Process upset gas means any gas generated by a petroleum 
refinery process unit as a result of start-up, shut-down, upset or 
malfunction.
    (f) Refinery process unit means any segment of the petroleum 
refinery in which a specific processing operation is conducted.
    (g) Fuel gas combustion device means any equipment, such as process 
heaters, boilers and flares used to combust fuel gas, except facilities 
in which gases are combusted to produce sulfur or sulfuric acid.
    (h) Coke burn-off means the coke removed from the surface of the 
fluid catalytic cracking unit catalyst by combustion in the catalyst 
regenerator. The rate of coke burn-off is calculated by the formula 
specified in Sec.  60.106.
    (i) Claus sulfur recovery plant means a process unit which recovers 
sulfur from

[[Page 358]]

hydrogen sulfide by a vapor-phase catalytic reaction of sulfur dioxide 
and hydrogen sulfide.
    (j) Oxidation control system means an emission control system which 
reduces emissions from sulfur recovery plants by converting these 
emissions to sulfur dioxide.
    (k) Reduction control system means an emission control system which 
reduces emissions from sulfur recovery plants by converting these 
emissions to hydrogen sulfide.
    (l) Reduced sulfur compounds means hydrogen sulfide 
(H2S), carbonyl sulfide (COS) and carbon disulfide 
(CS2).
    (m) Fluid catalytic cracking unit means a refinery process unit in 
which petroleum derivatives are continuously charged; hydrocarbon 
molecules in the presence of a catalyst suspended in a fluidized bed are 
fractured into smaller molecules, or react with a contact material 
suspended in a fluidized bed to improve feedstock quality for additional 
processing; and the catalyst or contact material is continuously 
regenerated by burning off coke and other deposits. The unit includes 
the riser, reactor, regenerator, air blowers, spent catalyst or contact 
material stripper, catalyst or contact material recovery equipment, and 
regenerator equipment for controlling air pollutant emissions and for 
heat recovery.
    (n) Fluid catalytic cracking unit catalyst regenerator means one or 
more regenerators (multiple regenerators) which comprise that portion of 
the fluid catalytic cracking unit in which coke burn-off and catalyst or 
contact material regeneration occurs, and includes the regenerator 
combustion air blower(s).
    (o) Fresh feed means any petroleum derivative feedstock stream 
charged directly into the riser or reactor of a fluid catalytic cracking 
unit except for petroleum derivatives recycled within the fluid 
catalytic cracking unit, fractionator, or gas recovery unit.
    (p) Contact material means any substance formulated to remove 
metals, sulfur, nitrogen, or any other contaminant from petroleum 
derivatives.
    (q) Valid day means a 24-hour period in which at least 18 valid 
hours of data are obtained. A ``valid hour'' is one in which at least 2 
valid data points are obtained.

[39 FR 9315, Mar. 8, 1974, as amended at 43 FR 10868, Mar. 15, 1978; 44 
FR 13481, Mar. 12, 1979; 45 FR 79453, Dec. 1, 1980; 54 FR 34027, Aug. 
17, 1989; 73 FR 35865, June 24, 2008; 77 FR 56463, Sep. 12, 2012]



Sec.  60.102  Standard for particulate matter.

    Each owner or operator of any fluid catalytic cracking unit catalyst 
regenerator that is subject to the requirements of this subpart shall 
comply with the emission limitations set forth in this section on and 
after the date on which the initial performance test, required by Sec.  
60.8, is completed, but not later than 60 days after achieving the 
maximum production rate at which the fluid catalytic cracking unit 
catalyst regenerator will be operated, or 180 days after initial 
startup, whichever comes first.
    (a) No owner or operator subject to the provisions of this subpart 
shall discharge or cause the discharge into the atmosphere from any 
fluid catalytic cracking unit catalyst regenerator:
    (1) Particulate matter in excess of 1.0 kg/Mg (2.0 lb/ton) of coke 
burn-off in the catalyst regenerator.
    (2) Gases exhibiting greater than 30 percent opacity, except for one 
six-minute average opacity reading in any one hour period.
    (b) Where the gases discharged by the fluid catalytic cracking unit 
catalyst regenerator pass through an incinerator or waste heat boiler in 
which auxiliary or supplemental liquid or solid fossil fuel is burned, 
particulate matter in excess of that permitted by paragraph (a)(1) of 
this section may be emitted to the atmosphere, except that the 
incremental rate of particulate matter emissions shall not exceed 43 
grams per Gigajoule (g/GJ) (0.10 lb/million British thermal units (Btu)) 
of heat input attributable to such liquid or solid fossil fuel.

[39 FR 9315, Mar. 8, 1974, as amended at 42 FR 32427, June 24, 1977; 42 
FR 39389, Aug. 4, 1977; 43 FR 10868, Feb. 15, 1978; 54 FR 34027, Aug. 
17, 1989; 65 FR 61753, Oct. 17, 2000; 73 FR 35866, June 24, 2008]

[[Page 359]]



Sec.  60.103  Standard for carbon monoxide.

    Each owner or operator of any fluid catalytic cracking unit catalyst 
regenerator that is subject to the requirements of this subpart shall 
comply with the emission limitations set forth in this section on and 
after the date on which the initial performance test, required by Sec.  
60.8, is completed, but not later than 60 days after achieving the 
maximum production rate at which the fluid catalytic cracking unit 
catalyst regenerator will be operated, or 180 days after initial 
startup, whichever comes first.
    (a) No owner or operator subject to the provisions of this subpart 
shall discharge or cause the discharge into the atmosphere from any 
fluid catalytic cracking unit catalyst regenerator any gases that 
contain carbon monoxide (CO) in excess of 500 ppm by volume (dry basis).

[54 FR 34027, Aug. 17, 1989, as amended at 55 FR 40175, Oct. 2, 1990]



Sec.  60.104  Standards for sulfur oxides.

    Each owner or operator that is subject to the requirements of this 
subpart shall comply with the emission limitations set forth in this 
section on and after the date on which the initial performance test, 
required by Sec.  60.8, is completed, but not later than 60 days after 
achieving the maximum production rate at which the affected facility 
will be operated, or 180 days after initial startup, whichever comes 
first.
    (a) No owner or operator subject to the provisions of this subpart 
shall:
    (1) Burn in any fuel gas combustion device any fuel gas that 
contains hydrogen sulfide (H2S) in excess of 230 mg/dscm 
(0.10 gr/dscf). The combustion in a flare of process upset gases or fuel 
gas that is released to the flare as a result of relief valve leakage or 
other emergency malfunctions is exempt from this paragraph.
    (2) Discharge or cause the discharge of any gases into the 
atmosphere from any Claus sulfur recovery plant containing in excess of:
    (i) For an oxidation control system or a reduction control system 
followed by incineration, 250 ppm by volume (dry basis) of sulfur 
dioxide (SO2) at zero percent excess air.
    (ii) For a reduction control system not followed by incineration, 
300 ppm by volume of reduced sulfur compounds and 10 ppm by volume of 
hydrogen sulfide (H2S), each calculated as ppm SO2 
by volume (dry basis) at zero percent excess air.
    (b) Each owner or operator that is subject to the provisions of this 
subpart shall comply with one of the following conditions for each 
affected fluid catalytic cracking unit catalyst regenerator:
    (1) With an add-on control device, reduce SO2 emissions 
to the atmosphere by 90 percent or maintain SO2 emissions to 
the atmosphere less than or equal to 50 ppm by volume (ppmv), whichever 
is less stringent; or
    (2) Without the use of an add-on control device to reduce 
SO2 emission, maintain sulfur oxides emissions calculated as 
SO2 to the atmosphere less than or equal to 9.8 kg/Mg (20 lb/
ton) coke burn-off; or
    (3) Process in the fluid catalytic cracking unit fresh feed that has 
a total sulfur content no greater than 0.30 percent by weight.
    (c) Compliance with paragraph (b)(1), (b)(2), or (b)(3) of this 
section is determined daily on a 7-day rolling average basis using the 
appropriate procedures outlined in Sec.  60.106.
    (d) A minimum of 22 valid days of data shall be obtained every 30 
rolling successive calendar days when complying with paragraph (b)(1) of 
this section.

[43 FR 10869, Mar. 15, 1978, as amended at 54 FR 34027, Aug. 17, 1989; 
55 FR 40175, Oct. 2, 1990; 65 FR 61754, Oct. 17, 2000; 73 FR 35866, June 
24, 2008]



Sec.  60.105  Monitoring of emissions and operations.

    (a) Continuous monitoring systems shall be installed, calibrated, 
maintained, and operated by the owner or operator subject to the 
provisions of this subpart as follows:
    (1) For fluid catalytic cracking unit catalyst regenerators subject 
to Sec.  60.102(a)(2), an instrument for continuously monitoring and 
recording

[[Page 360]]

the opacity of emissions into the atmosphere. The instrument shall be 
spanned at 60, 70, or 80 percent opacity.
    (2) For fluid catalytic cracking unit catalyst regenerators subject 
to Sec.  60.103(a), an instrument for continuously monitoring and 
recording the concentration by volume (dry basis) of CO emissions into 
the atmosphere, except as provided in paragraph (a)(2) (ii) of this 
section.
    (i) The span value for this instrument is 1,000 ppm CO.
    (ii) A CO continuous monitoring system need not be installed if the 
owner or operator demonstrates that the average CO emissions are less 
than 50 ppm (dry basis) and also files a written request for exemption 
to the Administrator and receives such an exemption. The demonstration 
shall consist of continuously monitoring CO emissions for 30 days using 
an instrument that shall meet the requirements of Performance 
Specification 4 of appendix B of this part. The span value shall be 100 
ppm CO instead of 1,000 ppm, and the relative accuracy limit shall be 10 
percent of the average CO emissions or 5 ppm CO, whichever is greater. 
For instruments that are identical to Method 10 and employ the sample 
conditioning system of Method 10A, the alternative relative accuracy 
test procedure in Sec.  10.1 of Performance Specification 2 may be used 
in place of the relative accuracy test.
    (3) For fuel gas combustion devices subject to Sec.  60.104(a)(1), 
either an instrument for continuously monitoring and recording the 
concentration by volume (dry basis, zero percent excess air) of 
SO2 emissions into the atmosphere or monitoring as provided 
in paragraph (a)(4) of this section). The monitor shall include an 
oxygen monitor for correcting the data for excess.
    (i) The span values for this monitor are 50 ppm SO2 and 
25 percent oxygen (O2).
    (ii) The SO2 monitoring level equivalent to the 
H2S standard under Sec.  60.104(a)(1) shall be 20 ppm (dry 
basis, zero percent excess air).
    (iii) The performance evaluations for this SO2 monitor 
under Sec.  60.13(c) shall use Performance Specification 2. Methods 6 or 
6C and 3 or 3A shall be used for conducting the relative accuracy 
evaluations. Method 6 samples shall be taken at a flow rate of 
approximately 2 liters/min for at least 30 minutes. The relative 
accuracy limit shall be 20 percent or 4 ppm, whichever is greater, and 
the calibration drift limit shall be 5 percent of the established span 
value.
    (iv) Fuel gas combustion devices having a common source of fuel gas 
may be monitored at only one location (i.e., after one of the combustion 
devices), if monitoring at this location accurately represents the 
SO2 emissions into the atmosphere from each of the combustion 
devices.
    (4) Instead of the SO2 monitor in paragraph (a)(3) of 
this section for fuel gas combustion devices subject to Sec.  
60.104(a)(1), an instrument for continuously monitoring and recording 
the concentration (dry basis) of H2S in fuel gases before 
being burned in any fuel gas combustion device.
    (i) The span value for this instrument is 425 mg/dscm 
H2S.
    (ii) Fuel gas combustion devices having a common source of fuel gas 
may be monitored at only one location, if monitoring at this location 
accurately represents the concentration of H2S in the fuel 
gas being burned.
    (iii) The performance evaluations for this H2S monitor 
under Sec.  60.13(c) shall use Performance Specification 7. Method 11, 
15, 15A, or 16 shall be used for conducting the relative accuracy 
evaluations.
    (iv) The owner or operator of a fuel gas combustion device is not 
required to comply with paragraph (a)(3) or (4) of this section for fuel 
gas streams that are exempt under Sec.  60.104(a)(1) and fuel gas 
streams combusted in a fuel gas combustion device that are inherently 
low in sulfur content. Fuel gas streams meeting one of the requirements 
in paragraphs (a)(4)(iv)(A) through (D) of this section will be 
considered inherently low in sulfur content. If the composition of a 
fuel gas stream changes such that it is no longer exempt under Sec.  
60.104(a)(1) or it no longer meets one of the requirements in paragraphs 
(a)(4)(iv)(A) through (D) of this section, the owner or operator must 
begin continuous monitoring under paragraph (a)(3) or (4) of this 
section within 15 days of the change.
    (A) Pilot gas for heaters and flares.

[[Page 361]]

    (B) Fuel gas streams that meet a commercial-grade product 
specification for sulfur content of 30 ppmv or less. In the case of a 
liquefied petroleum gas (LPG) product specification in the pressurized 
liquid state, the gas phase sulfur content should be evaluated assuming 
complete vaporization of the LPG and sulfur containing-compounds at the 
product specification concentration.
    (C) Fuel gas streams produced in process units that are intolerant 
to sulfur contamination, such as fuel gas streams produced in the 
hydrogen plant, the catalytic reforming unit, the isomerization unit, 
and HF alkylation process units.
    (D) Other fuel gas streams that an owner or operator demonstrates 
are low-sulfur according to the procedures in paragraph (b) of this 
section.
    (5) For Claus sulfur recovery plants with oxidation control systems 
or reduction control systems followed by incineration subject to Sec.  
60.104(a)(2)(i), an instrument for continuously monitoring and recording 
the concentration (dry basis, zero percent excess air) of SO2 
emissions into the atmosphere. The monitor shall include an oxygen 
monitor for correcting the data for excess air.
    (i) The span values for this monitor are 500 ppm SO2 and 
25 percent O2.
    (ii) The performance evaluations for this SO2 monitor 
under Sec.  60.13(c) shall use Performance Specification 2. Methods 6 or 
6C and 3 or 3A shall be used for conducting the relative accuracy 
evaluations.
    (6) For Claus sulfur recovery plants with reduction control systems 
not followed by incineration subject to Sec.  60.104(a)(2)(ii), an 
instrument for continuously monitoring and recording the concentration 
of reduced sulfur and O2 emissions into the atmosphere. The 
reduced sulfur emissions shall be calculated as SO2 (dry 
basis, zero percent excess air).
    (i) The span values for this monitor are 450 ppm reduced sulfur and 
25 percent O2.
    (ii) The performance evaluations for this reduced sulfur (and 
O2) monitor under Sec.  60.13(c) shall use Performance 
Specification 5 of appendix B of this part(and Performance Specification 
3 of appendix B of this partfor the O2 analyzer). Methods 15 
or 15A and Method 3 shall be used for conducting the relative accuracy 
evaluations. If Method 3 yields O2 concentrations below 0.25 
percent during the performance specification test, the O2 
concentration may be assumed to be zero and the reduced sulfur CEMS need 
not include an O2 monitor.
    (7) In place of the reduced sulfur monitor under paragraph (a)(6) of 
this section, an instrument using an air or O2 dilution and 
oxidation system to convert the reduced sulfur to SO2 for 
continuously monitoring and recording the concentration (dry basis, zero 
percent excess air) of the resultant SO2. The monitor shall 
include an oxygen monitor for correcting the data for excess oxygen.
    (i) The span values for this monitor are 375 ppm SO2 and 
25 percent O2.
    (ii) For reporting purposes, the SO2 exceedance level for 
this monitor is 250 ppm (dry basis, zero percent excess air).
    (iii) The performance evaluations for this SO2 (and 
O2) monitor under Sec.  60.13(c) shall use Performance 
Specification 5. Methods 15 or 15A and Method 3 shall be used for 
conducting the relative accuracy evaluations.
    (8) An instrument for continuously monitoring and recording 
concentrations of SO2 in the gases at both the inlet and 
outlet of the SO2 control device from any fluid catalytic 
cracking unit catalyst regenerator for which the owner or operator seeks 
to comply specifically with the 90 percent reduction option under Sec.  
60.104(b)(1).
    (i) The span value of the inlet monitor shall be set at 125 percent 
of the maximum estimated hourly potential SO2 emission 
concentration entering the control device, and the span value of the 
outlet monitor shall be set at 50 percent of the maximum estimated 
hourly potential SO2 emission concentration entering the 
control device.
    (ii) The performance evaluations for these SO2 monitors 
under Sec.  60.13(c) shall use Performance Specification 2. Methods 6 or 
6C and 3 or 3A shall be used for conducting the relative accuracy 
evaluations.

[[Page 362]]

    (9) An instrument for continuously monitoring and recording 
concentrations of SO2 in the gases discharged into the 
atmosphere from any fluid catalytic cracking unit catalyst regenerator 
for which the owner or operator seeks to comply specifically with the 50 
ppmv emission limit under Sec.  60.104 (b)(1).
    (i) The span value of the monitor shall be set at 50 percent of the 
maximum hourly potential SO2 emission concentration of the 
control device.
    (ii) The performance evaluations for this SO2 monitor 
under Sec.  60.13 (c) shall use Performance Specification 2. Methods 6 
or 6C and 3 or 3A shall be used for conducting the relative accuracy 
evaluations.
    (10) An instrument for continuously monitoring and recording 
concentrations of oxygen (O2) in the gases at both the inlet 
and outlet of the sulfur dioxide control device (or the outlet only if 
specifically complying with the 50 ppmv standard) from any fluid 
catalytic cracking unit catalyst regenerator for which the owner or 
operator has elected to comply with Sec.  60.104(b)(1). The span of this 
continuous monitoring system shall be set at 10 percent.
    (11) The continuous monitoring systems under paragraphs (a)(8), 
(a)(9), and (a)(10) of this section are operated and data recorded 
during all periods of operation of the affected facility including 
periods of startup, shutdown, or malfunction, except for continuous 
monitoring system breakdowns, repairs, calibration checks, and zero and 
span adjustments.
    (12) The owner or operator shall use the following procedures to 
evaluate the continuous monitoring systems under paragraphs (a)(8), 
(a)(9), and (a)(10) of this section.
    (i) Method 3 or 3A and Method 6 or 6C for the relative accuracy 
evaluations under the Sec.  60.13(e) performance evaluation.
    (ii) Appendix F, Procedure 1, including quarterly accuracy 
determinations and daily calibration drift tests.
    (13) When seeking to comply with Sec.  60.104(b)(1), when emission 
data are not obtained because of continuous monitoring system 
breakdowns, repairs, calibration checks and zero and span adjustments, 
emission data will be obtained by using one of the following methods to 
provide emission data for a minimum of 18 hours per day in at least 22 
out of 30 rolling successive calendar days.
    (i) The test methods as described in Sec.  60.106(k);
    (ii) A spare continuous monitoring system; or
    (iii) Other monitoring systems as approved by the Administrator.
    (b) An owner or operator may demonstrate that a fuel gas stream 
combusted in a fuel gas combustion device subject to Sec.  60.104(a)(1) 
that is not specifically exempted in Sec.  60.105(a)(4)(iv) is 
inherently low in sulfur. A fuel gas stream that is determined to be 
low-sulfur is exempt from the monitoring requirements in paragraphs 
(a)(3) and (4) of this section until there are changes in operating 
conditions or stream composition.
    (1) The owner or operator shall submit to the Administrator a 
written application for an exemption from monitoring. The application 
must contain the following information:
    (i) A description of the fuel gas stream/system to be considered, 
including submission of a portion of the appropriate piping diagrams 
indicating the boundaries of the fuel gas stream/system, and the 
affected fuel gas combustion device(s) to be considered;
    (ii) A statement that there are no crossover or entry points for 
sour gas (high H2S content) to be introduced into the fuel 
gas stream/system (this should be shown in the piping diagrams);
    (iii) An explanation of the conditions that ensure low amounts of 
sulfur in the fuel gas stream (i.e., control equipment or product 
specifications) at all times;
    (iv) The supporting test results from sampling the requested fuel 
gas stream/system demonstrating that the sulfur content is less than 5 
ppmv. Sampling data must include, at minimum, 2 weeks of daily 
monitoring (14 grab samples) for frequently operated fuel gas streams/
systems; for infrequently operated fuel gas streams/systems, seven grab 
samples must be collected unless other additional information would 
support reduced sampling. The

[[Page 363]]

owner or operator shall use detector tubes (``length-of-stain tube'' 
type measurement) following the ``Gas Processors Association Standard 
2377-86 (incorporated by reference--see Sec.  60.17), using tubes with a 
maximum span between 10 and 40 ppmv inclusive when 1<=N<=10, where N = 
number of pump strokes, to test the applicant fuel gas stream for 
H2S; and
    (v) A description of how the 2 weeks (or seven samples for 
infrequently operated fuel gas streams/systems) of monitoring results 
compares to the typical range of H2S concentration (fuel 
quality) expected for the fuel gas stream/system going to the affected 
fuel gas combustion device (e.g., the 2 weeks of daily detector tube 
results for a frequently operated loading rack included the entire range 
of products loaded out, and, therefore, should be representative of 
typical operating conditions affecting H2S content in the 
fuel gas stream going to the loading rack flare).
    (2) The effective date of the exemption is the date of submission of 
the information required in paragraph (b)(1) of this section).
    (3) No further action is required unless refinery operating 
conditions change in such a way that affects the exempt fuel gas stream/
system (e.g., the stream composition changes). If such a change occurs, 
the owner or operator will follow the procedures in paragraph (b)(3)(i), 
(b)(3)(ii), or (b)(3)(iii) of this section.
    (i) If the operation change results in a sulfur content that is 
still within the range of concentrations included in the original 
application, the owner or operator shall conduct an H2S test 
on a grab sample and record the results as proof that the concentration 
is still within the range.
    (ii) If the operation change results in a sulfur content that is 
outside the range of concentrations included in the original 
application, the owner or operator may submit new information following 
the procedures of paragraph (b)(1) of this section within 60 days (or 
within 30 days after the seventh grab sample is tested for infrequently 
operated process units).
    (iii) If the operation change results in a sulfur content that is 
outside the range of concentrations included in the original application 
and the owner or operator chooses not to submit new information to 
support an exemption, the owner or operator must begin H2S 
monitoring using daily stain sampling to demonstrate compliance using 
length-of stain tubes with a maximum span between 200 and 400 ppmv 
inclusive when 1<=N<=5, where N = number of pump strokes. The owner or 
operator must begin monitoring according to the requirements in 
paragraph (a)(1) or (2) of this section as soon as practicable but in no 
case later than 180 days after the operation change. During daily stain 
tube sampling, a daily sample exceeding 162 ppmv is an exceedance of the 
3-hour H2S concentration limit.
    (c) The average coke burn-off rate (Mg (tons) per hour) and hours of 
operation shall be recorded daily for any fluid catalytic cracking unit 
catalyst regenerator subject to Sec.  60.102, Sec.  60.103, or Sec.  
60.104(b)(2).
    (d) For any fluid catalytic cracking unit catalyst regenerator under 
Sec.  60.102 that uses an incinerator-waste heat boiler to combust the 
exhaust gases from the catalyst regenerator, the owner or operator shall 
record daily the rate of combustion of liquid or solid fossil-fuels and 
the hours of operation during which liquid or solid fossil-fuels are 
combusted in the incinerator-waste heat boiler.
    (e) For the purpose of reports under Sec.  60.7(c), periods of 
excess emissions that shall be determined and reported are defined as 
follows:

    Note: All averages, except for opacity, shall be determined as the 
arithmetic average of the applicable 1-hour averages, e.g., the rolling 
3-hour average shall be determined as the arithmetic average of three 
contiguous 1-hour averages.

    (1) Opacity. All 1-hour periods that contain two or more 6-minute 
periods during which the average opacity as measured by the continuous 
monitoring system under Sec.  60.105(a)(1) exceeds 30 percent.
    (2) Carbon monoxide. All 1-hour periods during which the average CO 
concentration as measured by the CO continuous monitoring system under 
Sec.  60.105(a)(2) exceeds 500 ppm.

[[Page 364]]

    (3) Sulfur dioxide from fuel gas combustion. (i) All rolling 3-hour 
periods during which the average concentration of SO2 as 
measured by the SO2 continuous monitoring system under Sec.  
60.105(a)(3) exceeds 20 ppm (dry basis, zero percent excess air); or
    (ii) All rolling 3-hour periods during which the average 
concentration of H2S as measured by the H2S 
continuous monitoring system under Sec.  60.105(a)(4) exceeds 230 mg/
dscm (0.10 gr/dscf).
    (4) Sulfur dioxide from Claus sulfur recovery plants. (i) All 12-
hour periods during which the average concentration of SO2 as 
measured by the SO2 continuous monitoring system under Sec.  
60.105(a)(5) exceeds 250 ppm (dry basis, zero percent excess air); or
    (ii) All 12-hour periods during which the average concentration of 
reduced sulfur (as SO2) as measured by the reduced sulfur 
continuous monitoring system under Sec.  60.105(a)(6) exceeds 300 ppm; 
or
    (iii) All 12-hour periods during which the average concentration of 
SO2 as measured by the SO2 continuous monitoring 
system under Sec.  60.105(a)(7) exceeds 250 ppm (dry basis, zero percent 
excess air).

[39 FR 9315, Mar. 8, 1974, as amended at 40 FR 46259, Oct. 6, 1975; 42 
FR 32427, June 24, 1977; 42 FR 39389, Aug. 4, 1977; 43 FR 10869, Mar. 
15, 1978; 48 FR 23611, May 25, 1983; 50 FR 31701, Aug. 5, 1985; 54 FR 
34028, Aug. 17, 1989; 55 FR 40175, Oct. 2, 1990; 65 FR 61754, Oct. 17, 
2000; 73 FR 35866, June 24, 2008; 80 FR 75229, Dec. 1, 2015]



Sec.  60.106  Test methods and procedures.

    (a) In conducting the performance tests required in Sec.  60.8, the 
owner or operator shall use as reference methods and procedures the test 
methods in appendix A of this part or other methods and procedures as 
specified in this section, except as provided in Sec.  60.8(b).
    (b) The owner or operator shall determine compliance with the 
particulate matter (PM) standards in Sec.  60.102(a) as follows:
    (1) The emission rate (E) of PM shall be computed for each run using 
the following equation:
[GRAPHIC] [TIFF OMITTED] TR17OC00.000

Where:

E = Emission rate of PM, kg/Mg (lb/ton) of coke burn-off.
cs = Concentration of PM, g/dscm (gr/dscf).
Qsd = Volumetric flow rate of effluent gas, dscm/hr (dscf/
          hr).
Rc = Coke burn-off rate, Mg/hr (ton/hr) coke.
K = Conversion factor, 1,000 g/kg (7,000 gr/lb).

    (2) Method 5B or 5F is to be used to determine particulate matter 
emissions and associated moisture content from affected facilities 
without wet FGD systems; only Method 5B is to be used after wet FGD 
systems. The sampling time for each run shall be at least 60 minutes and 
the sampling rate shall be at least 0.015 dscm/min (0.53 dscf/min), 
except that shorter sampling times may be approved by the Administrator 
when process variables or other factors preclude sampling for at least 
60 minutes.
    (3) The coke burn-off rate (Rc) shall be computed for 
each run using the following equation:

 Rc = K1Qr (%CO2 + %CO) + 
K2Qa-K3Qr (%CO/2 + 
%CO2 + %O2) + K3Qoxy 
(%Ooxy)

Where:

Rc = Coke burn-off rate, kilograms per hour (kg/hr) (lb/hr).
Qr = Volumetric flow rate of exhaust gas from fluid catalytic 
          cracking unit regenerator before entering the emission control 
          system, dscm/min (dscf/min).
Qa = Volumetric flow rate of air to fluid catalytic cracking 
          unit regenerator, as determined from the fluid catalytic 
          cracking unit control room instrumentation, dscm/min (dscf/
          min).
Qoxy = Volumetric flow rate of O2 enriched air to 
          fluid catalytic cracking unit regenerator, as determined from 
          the fluid catalytic cracking unit control room 
          instrumentation, dscm/min (dscf/min).
%CO2 = Carbon dioxide concentration in fluid catalytic 
          cracking unit regenerator exhaust, percent by volume (dry 
          basis).
%CO = CO concentration in FCCU regenerator exhaust, percent by volume 
          (dry basis).
%O2 = O2 concentration in fluid catalytic cracking 
          unit regenerator exhaust, percent by volume (dry basis).
%Ooxy = O2 concentration in O2 enriched 
          air stream inlet to the fluid catalytic cracking unit 
          regenerator, percent by volume (dry basis).
K1 = Material balance and conversion factor, 0.2982 (kg-min)/
          (hr-dscm-%) [0.0186 (lb-min)/(hr-dscf-%)].
K2 = Material balance and conversion factor, 2.088 (kg-min)/
          (hr-dscm) [0.1303 (lb-min)/(hr-dscf)].

[[Page 365]]

K3 = Material balance and conversion factor, 0.0994 (kg-min)/
          (hr-dscm-%) [0.00624 (lb-min)/(hr-dscf-%)].

    (i) Method 2 shall be used to determine the volumetric flow rate 
(Qr).
    (ii) The emission correction factor, integrated sampling and 
analysis procedure of Method 3B shall be used to determine 
CO2, CO, and O2 concentrations.
    (4) Method 9 and the procedures of Sec.  60.11 shall be used to 
determine opacity.
    (c) If auxiliary liquid or solid fossil-fuels are burned in an 
incinerator-waste heat boiler, the owner or operator shall determine the 
emission rate of PM permitted in Sec.  60.102(b) as follows:
    (1) The allowable emission rate (Es) of PM shall be 
computed for each run using the following equation:

Es = F + A (H/Rc)

Where:

Es = Emission rate of PM allowed, kg/Mg (lb/ton) of coke 
          burn-off in catalyst regenerator.
F = Emission standard, 1.0 kg/Mg (2.0 lb/ton) of coke burn-off in 
          catalyst regenerator.
A = Allowable incremental rate of PM emissions, 43 g/GJ (0.10 lb/million 
          Btu).
H = Heat input rate from solid or liquid fossil fuel, GJ/hr (million 
          Btu/hr).
Rc = Coke burn-off rate, Mg coke/hr (ton coke/hr).

    (2) Procedures subject to the approval of the Administrator shall be 
used to determine the heat input rate.
    (3) The procedure in paragraph (b)(3) of this section shall be used 
to determine the coke burn-off rate (Rc).
    (d) The owner or operator shall determine compliance with the CO 
standard in Sec.  60.103(a) by using the integrated sampling technique 
of Method 10 to determine the CO concentration (dry basis). The sampling 
time for each run shall be 60 minutes.
    (e)(1) The owner or operator shall determine compliance with the 
H2S standard in Sec.  60.104(a)(1) as follows: Method 11, 15, 
15A, or 16 shall be used to determine the H2S concentration. 
The gases entering the sampling train should be at about atmospheric 
pressure. If the pressure in the refinery fuel gas lines is relatively 
high, a flow control valve may be used to reduce the pressure. If the 
line pressure is high enough to operate the sampling train without a 
vacuum pump, the pump may be eliminated from the sampling train. The 
sample shall be drawn from a point near the centroid of the fuel gas 
line.
    (i) For Method 11, the sampling time and sample volume shall be at 
least 10 minutes and 0.010 dscm (0.35 dscf). Two samples of equal 
sampling times shall be taken at about 1-hour intervals. The arithmetic 
average of these two samples shall constitute a run. For most fuel 
gases, sampling times exceeding 20 minutes may result in depletion of 
the collection solution, although fuel gases containing low 
concentrations of H2S may necessitate sampling for longer 
periods of time.
    (ii) For Method 15 or 16, at least three injects over a 1-hour 
period shall constitute a run.
    (iii) For Method 15A, a 1-hour sample shall constitute a run.
    (2) Where emissions are monitored by Sec.  60.105(a)(3), compliance 
with Sec.  60.104(a)(1) shall be determined using Method 6 or 6C and 
Method 3 or 3A. The method ANSI/ASME PTC 19.10-1981, ``Flue and Exhaust 
Gas Analyses,'' (incorporated by reference--see Sec.  60.17) is an 
acceptable alternative to EPA Method 6. A 1-hour sample shall constitute 
a run. Method 6 samples shall be taken at a rate of approximately 2 
liters/min. The ppm correction factor (Method 6) and the sampling 
location in paragraph (f)(1) of this section apply. Method 4 shall be 
used to determine the moisture content of the gases. The sampling point 
for Method 4 shall be adjacent to the sampling point for Method 6 or 6C.
    (f) The owner or operator shall determine compliance with the 
SO2 and the H2S and reduced sulfur standards in 
Sec.  60.104(a)(2) as follows:
    (1) Method 6 shall be used to determine the SO2 
concentration. The concentration in mg/dscm obtained by Method 6 or 6C 
is multiplied by 0.3754 to obtain the concentration in ppm. The sampling 
point in the duct shall be the centroid of the cross section if the 
cross-sectional area is less than 5.00 m\2\ (53.8 ft\2\) or at a point 
no closer to the walls than 1.00 m (39.4 in.) if the cross-sectional 
area is 5.00 m\2\ or more and the centroid is more than 1 m from the

[[Page 366]]

wall. The sampling time and sample volume shall be at least 10 minutes 
and 0.010 dscm (0.35 dscf) for each sample. Eight samples of equal 
sampling times shall be taken at about 30-minute intervals. The 
arithmetic average of these eight samples shall constitute a run. For 
Method 6C, a run shall consist of the arithmetic average of four 1-hour 
samples. Method 4 shall be used to determine the moisture content of the 
gases. The sampling point for Method 4 shall be adjacent to the sampling 
point for Method 6 or 6C. The sampling time for each sample shall be 
equal to the time it takes for two Method 6 samples. The moisture 
content from this sample shall be used to correct the corresponding 
Method 6 samples for moisture. For documenting the oxidation efficiency 
of the control device for reduced sulfur compounds, Method 15 shall be 
used following the procedures of paragraph (f)(2) of this section.
    (2) Method 15 shall be used to determine the reduced sulfur and 
H2 S concentrations. Each run shall consist of 16 samples 
taken over a minimum of 3 hours. The sampling point shall be the same as 
that described for Method 6 in paragraph (f)(1) of this section. To 
ensure minimum residence time for the sample inside the sample lines, 
the sampling rate shall be at least 3.0 lpm (0.10 cfm). The 
SO2 equivalent for each run shall be calculated after being 
corrected for moisture and oxygen as the arithmetic average of the 
SO2 equivalent for each sample during the run. Method 4 shall 
be used to determine the moisture content of the gases as the paragraph 
(f)(1) of this section. The sampling time for each sample shall be equal 
to the time it takes for four Method 15 samples.
    (3) The oxygen concentration used to correct the emission rate for 
excess air shall be obtained by the integrated sampling and analysis 
procedure of Method 3 or 3A. The samples shall be taken simultaneously 
with the SO2, reduced sulfur and H2S, or moisture 
samples. The SO2, reduced sulfur, and H2S samples 
shall be corrected to zero percent excess air using the equation in 
paragraph (h)(6) of this section.
    (g) Each performance test conducted for the purpose of determining 
compliance under Sec.  60.104(b) shall consist of all testing performed 
over a 7-day period using Method 6 or 6C and Method 3 or 3A. To 
determine compliance, the arithmetic mean of the results of all the 
tests shall be compared with the applicable standard.
    (h) For the purpose of determining compliance with Sec.  
60.104(b)(1), the following calculation procedures shall be used:
    (1) Calculate each 1-hour average concentration (dry, zero percent 
oxygen, ppmv) of sulfur dioxide at both the inlet and the outlet to the 
add-on control device as specified in Sec.  60.13(h). These calculations 
are made using the emission data collected under Sec.  60.105(a).
    (2) Calculate a 7-day average (arithmetic mean) concentration of 
sulfur dioxide for the inlet and for the outlet to the add-on control 
device using all of the 1-hour average concentration values obtained 
during seven successive 24-hour periods.
    (3) Calculate the 7-day average percent reduction using the 
following equation:

Rso2 = 100(Cso2(i) - Cso2(o)) / 
Cso2(i)

where:

Rso2 = 7-day average sulfur dioxide emission reduction, 
          percent
Cso2(i) = sulfur dioxide emission concentration determined in 
          Sec.  60.106(h)(2) at the inlet to the add-on control device, 
          ppmv
Cso2(o) = sulfur dioxide emission concentration determined in 
          Sec.  60.106(h)(2) at the outlet to the add-on control device, 
          ppmv
100 = conversion factor, decimal to percent

    (4) Outlet concentrations of sulfur dioxide from the add-on control 
device for compliance with the 50 ppmv standard, reported on a dry, 
O2-free basis, shall be calculated using the procedures 
outlined in Sec.  60.106(h)(1) and (2) above, but for the outlet monitor 
only.
    (5) If supplemental sampling data are used for determining the 7-day 
averages under paragraph (h) of this section and such data are not 
hourly averages, then the value obtained for each supplemental sample 
shall be assumed to represent the hourly average for each hour over 
which the sample was obtained.
    (6) For the purpose of adjusting pollutant concentrations to zero 
percent oxygen, the following equation shall be used:


[[Page 367]]


Cadj = Cmeas[20.9c/(20.9-
%O2)]

where:

Cadj = pollutant concentration adjusted to zero percent 
          oxygen, ppm or g/dscm
Cmeas = pollutant concentration measured on a dry basis, ppm 
          or g/dscm
20.9c = 20.9 percent oxygen-0.0 percent oxygen (defined 
          oxygen correction basis), percent
20.9 = oxygen concentration in air, percent
%O2 = oxygen concentration measured on a dry basis, percent

    (i) For the purpose of determining compliance with Sec.  
60.104(b)(2), the following reference methods and calculation procedures 
shall be used except as provided in paragraph (i)(12) of this section:
    (1) One 3-hour test shall be performed each day.
    (2) For gases released to the atmosphere from the fluid catalytic 
cracking unit catalyst regenerator:
    (i) Method 8 as modified in Sec.  60.106(i)(3) for moisture content 
and for the concentration of sulfur oxides calculated as sulfur dioxide,
    (ii) Method 1 for sample and velocity traverses,
    (iii) Method 2 calculation procedures (data obtained from Methods 3 
and 8) for velocity and volumetric flow rate, and
    (iv) Method 3 for gas analysis.
    (3) Method 8 shall be modified by the insertion of a heated glass 
fiber filter between the probe and first impinger. The probe liner and 
glass fiber filter temperature shall be maintained above 160 [deg]C (320 
[deg]F). The isopropanol impinger shall be eliminated. Sample recovery 
procedures described in Method 8 for container No. 1 shall be 
eliminated. The heated glass fiber filter also shall be excluded; 
however, rinsing of all connecting glassware after the heated glass 
fiber filter shall be retained and included in container No. 2. Sampled 
volume shall be at least 1 dscm.
    (4) For Method 3, the integrated sampling technique shall be used.
    (5) Sampling time for each run shall be at least 3 hours.
    (6) All testing shall be performed at the same location. Where the 
gases discharged by the fluid catalytic cracking unit catalyst 
regenerator pass through an incinerator-waste heat boiler in which 
auxiliary or supplemental gaseous, liquid, or solid fossil fuel is 
burned, testing shall be conducted at a point between the regenerator 
outlet and the incinerator-waste heat boiler. An alternative sampling 
location after the waste heat boiler may be used if alternative coke 
burn-off rate equations, and, if requested, auxiliary/supplemental fuel 
SOX credits, have been submitted to and approved by the 
Administrator prior to sampling.
    (7) Coke burn-off rate shall be determined using the procedures 
specified under paragraph (b)(3) of this section, unless paragraph 
(i)(6) of this section applies.
    (8) Calculate the concentration of sulfur oxides as sulfur dioxide 
using equation 8-3 in Section 6.5 of Method 8 to calculate and report 
the total concentration of sulfur oxides as sulfur dioxide (Cso 
x).
    (9) Sulfur oxides emission rate calculated as sulfur dioxide shall 
be determined for each test run by the following equation:
[GRAPHIC] [TIFF OMITTED] TR17OC00.003

Where:

ESOx = sulfur oxides emission rate calculated as sulfur 
          dioxide, kg/hr (lb/hr)
CSOx = sulfur oxides emission concentration calculated as 
          sulfur dioxide, g/dscm (gr/dscf)
Qsd = dry volumetric stack gas flow rate corrected to 
          standard conditions, dscm/hr (dscf/hr)
K = 1,000 g/kg (7,000 gr/lb)

    (10) Sulfur oxides emissions calculated as sulfur dioxide shall be 
determined for each test run by the following equation:
[GRAPHIC] [TIFF OMITTED] TR17OC00.004

Where:

RSOx = Sulfur oxides emissions calculated as kg sulfur 
          dioxide per Mg (lb/ton) coke burn-off.
ESOx = Sulfur oxides emission rate calculated as sulfur 
          dioxide, kg/hr (lb/hr).
Rc = Coke burn-off rate, Mg/hr (ton/hr).

    (11) Calculate the 7-day average sulfur oxides emission rate as 
sulfur dioxide per Mg (ton) of coke burn-off by dividing the sum of the 
individual daily rates by the number of daily rates summed.

[[Page 368]]

    (12) An owner or operator may, upon approval by the Administrator, 
use an alternative method for determining compliance with Sec.  
60.104(b)(2), as provided in Sec.  60.8(b). Any requests for approval 
must include data to demonstrate to the Administrator that the 
alternative method would produce results adequate for the determination 
of compliance.
    (j) For the purpose of determining compliance with Sec.  
60.104(b)(3), the following analytical methods and calculation 
procedures shall be used:
    (1) One fresh feed sample shall be collected once per 8-hour period.
    (2) Fresh feed samples shall be analyzed separately by using any one 
of the following applicable analytical test methods: ASTM D129-64, 78, 
or 95, ASTM D1552-83 or 95, ASTM D2622-87, 94, or 98, or ASTM D1266-87, 
91, or 98. (These methods are incorporated by reference: see Sec.  
60.17.) The applicable range of some of these ASTM methods is not 
adequate to measure the levels of sulfur in some fresh feed samples. 
Dilution of samples prior to analysis with verification of the dilution 
ratio is acceptable upon prior approval of the Administrator.
    (3) If a fresh feed sample cannot be collected at a single location, 
then the fresh feed sulfur content shall be determined as follows:
    (i) Individual samples shall be collected once per 8-hour period for 
each separate fresh feed stream charged directly into the riser or 
reactor of the fluid catalytic cracking unit. For each sample location 
the fresh feed volumetric flow rate at the time of collecting the fresh 
feed sample shall be measured and recorded. The same method for 
measuring volumetric flow rate shall be used at all locations.
    (ii) Each fresh feed sample shall be analyzed separately using the 
methods specified under paragraph (j)(2) of this section.
    (iii) Fresh feed sulfur content shall be calculated for each 8-hour 
period using the following equation:
[GRAPHIC] [TIFF OMITTED] TC16NO91.005

where:

Sf = fresh feed sulfur content expressed in percent by weight 
          of fresh feed.
n = number of separate fresh feed streams charged directly to the riser 
          or reactor of the fluid catalytic cracking unit.
Qf = total volumetric flow rate of fresh feed charged to the 
          fluid catalytic cracking unit.
Si = fresh feed sulfur content expressed in percent by weight 
          of fresh feed for the ``ith'' sampling location.
Qi = volumetric flow rate of fresh feed stream for the 
          ``ith'' sampling location.

    (4) Calculate a 7-day average (arithmetic mean) sulfur content of 
the fresh feed using all of the fresh feed sulfur content values 
obtained during seven successive 24-hour periods.
    (k) The test methods used to supplement continuous monitoring system 
data to meet the minimum data requirements in Sec.  60.104(d) will be 
used as described below or as otherwise approved by the Administrator.
    (1) Methods 6, 6B, or 8 are used. The sampling location(s) are the 
same as those specified for the monitor.
    (2) For Method 6, the minimum sampling time is 20 minutes and the 
minimum sampling volume is 0.02 dscm (0.71 dscf) for each sample. 
Samples are taken at approximately 60-minute intervals. Each sample 
represents a 1-hour average. A minimum of 18 valid samples is required 
to obtain one valid day of data.
    (3) For Method 6B, collection of a sample representing a minimum of 
18 hours is required to obtain one valid day of data.
    (4) For Method 8, the procedures as outlined in this section are 
used. The equivalent of 16 hours of sampling is required to obtain one 
valid day of data.

[39 FR 9315, Mar. 8, 1974, as amended at 43 FR 10869, Mar. 15, 1978; 51 
FR 42842, Nov. 26, 1986; 52 FR 20392, June 1, 1987; 53 FR 41333, Oct. 
21, 1988; 54 FR 34028, Aug. 17, 1989; 55 FR 40176, Oct. 2, 1990; 56 FR 
4176, Feb. 4, 1991; 65 FR 61754, Oct. 17, 2000; 71 FR 55127, Sept. 21, 
2006; 73 FR 35867, June 24, 2008; 77 FR 56463, Sep. 12, 2012]



Sec.  60.107  Reporting and recordkeeping requirements.

    (a) Each owner or operator subject to Sec.  60.104(b) shall notify 
the Administrator of the specific provisions of Sec.  60.104(b) with 
which the owner or operator seeks to comply. Notification

[[Page 369]]

shall be submitted with the notification of initial startup required by 
Sec.  60.7(a)(3). If an owner or operator elects at a later date to 
comply with an alternative provision of Sec.  60.104(b), then the 
Administrator shall be notified by the owner or operator in the report 
described in paragraph (c) of this section.
    (b) Each owner or operator subject to Sec.  60.104(b) shall record 
and maintain the following information:
    (1) If subject to Sec.  60.104(b)(1),
    (i) All data and calibrations from continuous monitoring systems 
located at the inlet and outlet to the control device, including the 
results of the daily drift tests and quarterly accuracy assessments 
required under appendix F, Procedure 1;
    (ii) Measurements obtained by supplemental sampling (refer to Sec.  
60.105(a)(13) and Sec.  60.106(k)) for meeting minimum data 
requirements; and
    (iii) The written procedures for the quality control program 
required by appendix F, Procedure 1.
    (2) If subject to Sec.  60.104(b)(2), measurements obtained in the 
daily Method 8 testing, or those obtained by alternative measurement 
methods, if Sec.  60.106(i)(12) applies.
    (3) If subject to Sec.  60.104(b)(3), data obtained from the daily 
feed sulfur tests.
    (4) Each 7-day rolling average compliance determination.
    (c) Each owner or operator subject to Sec.  60.104(b) shall submit a 
report except as provided by paragraph (d) of this section. The 
following information shall be contained in the report:
    (1) Any 7-day period during which:
    (i) The average percent reduction and average concentration of 
sulfur dioxide on a dry, O2-free basis in the gases 
discharged to the atmosphere from any fluid cracking unit catalyst 
regenerator for which the owner or operator seeks to comply with Sec.  
60.104(b)(1) is below 90 percent and above 50 ppmv, as measured by the 
continuous monitoring system prescribed under Sec.  60.105(a)(8), or 
above 50 ppmv, as measured by the outlet continuous monitoring system 
prescribed under Sec.  60.105(a)(9). The average percent reduction and 
average sulfur dioxide concentration shall be determined using the 
procedures specified under Sec.  60.106(h);
    (ii) The average emission rate of sulfur dioxide in the gases 
discharged to the atmosphere from any fluid catalytic cracking unit 
catalyst regenerator for which the owner or operator seeks to comply 
with Sec.  60.104(b)(2) exceeds 9.8 kg SOX per 1,000 kg coke 
burn-off, as measured by the daily testing prescribed under Sec.  
60.106(i). The average emission rate shall be determined using the 
procedures specified under Sec.  60.106(i); and
    (iii) The average sulfur content of the fresh feed for which the 
owner or operator seeks to comply with Sec.  60.104(b)(3) exceeds 0.30 
percent by weight. The fresh feed sulfur content, a 7-day rolling 
average, shall be determined using the procedures specified under Sec.  
60.106(j).
    (2) Any 30-day period in which the minimum data requirements 
specified in Sec.  60.104(d) are not obtained.
    (3) For each 7-day period during which an exceedance has occurred as 
defined in paragraphs (c)(1)(i) through (c)(1)(iii) and (c)(2) of this 
section:
    (i) The date that the exceedance occurred;
    (ii) An explanation of the exceedance;
    (iii) Whether the exceedance was concurrent with a startup, 
shutdown, or malfunction of the fluid catalytic cracking unit or control 
system; and
    (iv) A description of the corrective action taken, if any.
    (4) If subject to Sec.  60.104(b)(1),
    (i) The dates for which and brief explanations as to why fewer than 
18 valid hours of data were obtained for the inlet continuous monitoring 
system;
    (ii) The dates for which and brief explanations as to why fewer than 
18 valid hours of data were obtained for the outlet continuous 
monitoring system;
    (iii) Identification of times when hourly averages have been 
obtained based on manual sampling methods;
    (iv) Identification of the times when the pollutant concentration 
exceeded full span of the continuous monitoring system; and
    (v) Description of any modifications to the continuous monitoring 
system that could affect the ability of the continuous monitoring system 
to comply with Performance Specifications 2 or 3.

[[Page 370]]

    (vi) Results of daily drift tests and quarterly accuracy assessments 
as required under appendix F, Procedure 1.
    (5) If subject to Sec.  60.104(b)(2), for each day in which a Method 
8 sample result required by Sec.  60.106(i) was not obtained, the date 
for which and brief explanation as to why a Method 8 sample result was 
not obtained, for approval by the Administrator.
    (6) If subject to Sec.  60.104(b)(3), for each 8-hour period in 
which a feed sulfur measurement required by Sec.  60.106(j) was not 
obtained, the date for which and brief explanation as to why a feed 
sulfur measurement was not obtained, for approval by the Administrator.
    (d) For any periods for which sulfur dioxide or oxides emissions 
data are not available, the owner or operator of the affected facility 
shall submit a signed statement indicating if any changes were made in 
operation of the emission control system during the period of data 
unavailability which could affect the ability of the system to meet the 
applicable emission limit. Operations of the control system and affected 
facility during periods of data unavailability are to be compared with 
operation of the control system and affected facility before and 
following the period of data unavailability.
    (e) For each fuel gas stream combusted in a fuel gas combustion 
device subject to Sec.  60.104(a)(1), if an owner or operator determines 
that one of the exemptions listed in Sec.  60.105(a)(4)(iv) applies to 
that fuel gas stream, the owner or operator shall maintain records of 
the specific exemption chosen for each fuel gas stream. If the owner or 
operator applies for the exemption described in Sec.  
60.105(a)(4)(iv)(D), the owner or operator must keep a copy of the 
application as well as the letter from the Administrator granting 
approval of the application.
    (f) The owner or operator of an affected facility shall submit the 
reports required under this subpart to the Administrator semiannually 
for each six-month period. All semiannual reports shall be postmarked by 
the 30th day following the end of each six-month period.
    (g) The owner or operator of the affected facility shall submit a 
signed statement certifying the accuracy and completeness of the 
information contained in the report.

[54 FR 34029, Aug. 17, 1989, as amended at 55 FR 40178, Oct. 2, 1990; 64 
FR 7465, Feb. 12, 1999; 65 FR 61755, Oct. 17, 2000; 73 FR 35867, June 
24, 2008]



Sec.  60.108  Performance test and compliance provisions.

    (a) Section 60.8(d) shall apply to the initial performance test 
specified under paragraph (c) of this section, but not to the daily 
performance tests required thereafter as specified in Sec.  60.108(d). 
Section 60.8(f) does not apply when determining compliance with the 
standards specified under Sec.  60.104(b). Performance tests conducted 
for the purpose of determining compliance under Sec.  60.104(b) shall be 
conducted according to the applicable procedures specified under Sec.  
60.106.
    (b) Owners or operators who seek to comply with Sec.  60.104(b)(3) 
shall meet that standard at all times, including periods of startup, 
shutdown, and malfunctions.
    (c) The initial performance test shall consist of the initial 7-day 
average calculated for compliance with Sec.  60.104(b)(1), (b)(2), or 
(b)(3).
    (d) After conducting the initial performance test prescribed under 
Sec.  60.8, the owner or operator of a fluid catalytic cracking unit 
catalyst regenerator subject to Sec.  60.104(b) shall conduct a 
performance test for each successive 24-hour period thereafter. The 
daily performance tests shall be conducted according to the appropriate 
procedures specified under Sec.  60.106. In the event that a sample 
collected under Sec.  60.106(i) or (j) is accidentally lost or 
conditions occur in which one of the samples must be discontinued 
because of forced shutdown, failure of an irreplaceable portion of the 
sample train, extreme meteorological conditions, or other circumstances, 
beyond the owner or operators' control, compliance may be determined 
using available data for the 7-day period.
    (e) Each owner or operator subject to Sec.  60.104(b) who has 
demonstrated compliance with one of the provisions of Sec.  60.104(b) 
but a later date seeks to comply with another of the provisions of Sec.  
60.104(b) shall begin conducting daily performance tests as specified 
under

[[Page 371]]

paragraph (d) of this section immediately upon electing to become 
subject to one of the other provisions of Sec.  60.104(b). The owner or 
operator shall furnish the Administrator with a written notification of 
the change in the semiannual report required by Sec.  60.107(f).

[54 FR 34030, Aug. 17, 1989, as amended at 55 FR 40178, Oct. 2, 1990; 64 
FR 7466, Feb. 12, 1999; 73 FR 35867, June 24, 2008]



Sec.  60.109  Delegation of authority.

    (a) In delegating implementation and enforcement authority to a 
State under section 111(c) of the Act, the authorities contained in 
paragraph (b) of this section shall be retained by the Administrator and 
not transferred to a State.
    (b) Authorities which shall not be delegated to States:
    (1) Section 60.105(a)(13)(iii),
    (2) Section 60.106(i)(12).

[54 FR 34031, Aug. 17, 1989, as amended at 55 FR 40178, Oct. 2, 1990]



 Subpart Ja_Standards of Performance for Petroleum Refineries for Which 
 Construction, Reconstruction, or Modification Commenced After May 14, 
                                  2007

    Source: 73 FR 35867, June 24, 2008, unless otherwise noted.



Sec.  60.100a  Applicability, designation of affected facility, and
reconstruction.

    (a) The provisions of this subpart apply to the following affected 
facilities in petroleum refineries: fluid catalytic cracking units 
(FCCU), fluid coking units (FCU), delayed coking units, fuel gas 
combustion devices (including process heaters), flares and sulfur 
recovery plants. The sulfur recovery plant need not be physically 
located within the boundaries of a petroleum refinery to be an affected 
facility, provided it processes gases produced within a petroleum 
refinery.
    (b) Except for flares and delayed coking units, the provisions of 
this subpart apply only to affected facilities under paragraph (a) of 
this section which either commence construction, modification or 
reconstruction after May 14, 2007, or elect to comply with the 
provisions of this subpart in lieu of complying with the provisions in 
subpart J of this part. For flares, the provisions of this subpart apply 
only to flares which commence construction, modification or 
reconstruction after June 24, 2008. For the purposes of this subpart, a 
modification to a flare commences when a project that includes any of 
the activities in paragraphs (c)(1) or (2) of this section is commenced. 
For delayed coking units, the provisions of this subpart apply to 
delayed coking units that commence construction, reconstruction or 
modification on the earliest of the following dates:
    (1) May 14, 2007, for such activities that involve a ``delayed 
coking unit'' defined as follows: one or more refinery process units in 
which high molecular weight petroleum derivatives are thermally cracked 
and petroleum coke is produced in a series of closed, batch system 
reactors;
    (2) December 22, 2008, for such activities that involve a ``delayed 
coking unit'' defined as follows: a refinery process unit in which high 
molecular weight petroleum derivatives are thermally cracked and 
petroleum coke is produced in a series of closed, batch system reactors. 
A delayed coking unit consists of the coke drums and associated 
fractionator;
    (3) September 12, 2012, for such activities that involve a ``delayed 
coking unit'' as defined in Sec.  60.101a.
    (c) For all affected facilities other than flares, the provisions in 
Sec.  60.14 regarding modification apply. As provided in Sec.  60.14(f), 
the special provisions set forth under this subpart shall supersede the 
provisions in Sec.  60.14 with respect to flares. For the purposes of 
this subpart, a modification to a flare occurs as provided in paragraphs 
(c)(1) or (2) of this section.
    (1) Any new piping from a refinery process unit, including ancillary 
equipment, or a fuel gas system is physically connected to the flare 
(e.g., for direct

[[Page 372]]

emergency relief or some form of continuous or intermittent venting). 
However, the connections described in paragraphs (c)(1)(i) through (vii) 
of this section are not considered modifications of a flare.
    (i) Connections made to install monitoring systems to the flare.
    (ii) Connections made to install a flare gas recovery system or 
connections made to upgrade or enhance components of a flare gas 
recovery system (e.g., addition of compressors or recycle lines).
    (iii) Connections made to replace or upgrade existing pressure 
relief or safety valves, provided the new pressure relief or safety 
valve has a set point opening pressure no lower and an internal diameter 
no greater than the existing equipment being replaced or upgraded.
    (iv) Connections made for flare gas sulfur removal.
    (v) Connections made to install back-up (redundant) equipment 
associated with the flare (such as a back-up compressor) that does not 
increase the capacity of the flare.
    (vi) Replacing piping or moving an existing connection from a 
refinery process unit to a new location in the same flare, provided the 
new pipe diameter is less than or equal to the diameter of the pipe/
connection being replaced/moved.
    (vii) Connections that interconnect two or more flares.
    (2) A flare is physically altered to increase the flow capacity of 
the flare.
    (d) For purposes of this subpart, under Sec.  60.15, the ``fixed 
capital cost of the new components'' includes the fixed capital cost of 
all depreciable components which are or will be replaced pursuant to all 
continuous programs of component replacement which are commenced within 
any 2-year period following the relevant applicability date specified in 
paragraph (b) of this section.

[73 FR 35867, June 24, 2008, as amended at 77 FR 56464, Sep. 12, 2012; 
80 FR 75230, Dec. 1, 2015]



Sec.  60.101a  Definitions.

    Terms used in this subpart are defined in the Clean Air Act (CAA), 
in Sec.  60.2 and in this section.
    Air preheat means a device used to heat the air supplied to a 
process heater generally by use of a heat exchanger to recover the 
sensible heat of exhaust gas from the process heater.
    Ancillary equipment means equipment used in conjunction with or that 
serve a refinery process unit. Ancillary equipment includes, but is not 
limited to, storage tanks, product loading operations, wastewater 
treatment systems, steam- or electricity-producing units (including coke 
gasification units), pressure relief valves, pumps, sampling vents and 
continuous analyzer vents.
    Cascaded flare system means a series of flares connected to one 
flare gas header system arranged with increasing pressure set points so 
that discharges will be initially directed to the first flare in the 
series (i.e., the primary flare). If the discharge pressure exceeds a 
set point at which the flow to the primary flare would exceed the 
primary flare's capacity, flow will be diverted to the second flare in 
the series. Similarly, flow would be diverted to a third (or fourth) 
flare if the pressure in the flare gas header system exceeds a threshold 
where the flow to the first two (or three) flares would exceed their 
capacities.
    Co-fired process heater means a process heater that employs burners 
that are designed to be supplied by both gaseous and liquid fuels on a 
routine basis. Process heaters that have gas burners with emergency oil 
back-up burners are not considered co-fired process heaters.
    Coke burn-off means the coke removed from the surface of the FCCU 
catalyst by combustion in the catalyst regenerator. The rate of coke 
burn-off is calculated by the formula specified in Sec.  60.104a.
    Contact material means any substance formulated to remove metals, 
sulfur, nitrogen, or any other contaminant from petroleum derivatives.
    Corrective action means the design, operation and maintenance 
changes that one takes consistent with good engineering practice to 
reduce or eliminate the likelihood of the recurrence of the primary 
cause and any other contributing cause(s) of an event identified by a 
root cause analysis as having resulted in a discharge of gases from an

[[Page 373]]

affected facility in excess of specified thresholds.
    Corrective action analysis means a description of all reasonable 
interim and long-term measures, if any, that are available, and an 
explanation of why the selected corrective action(s) is/are the best 
alternative(s), including, but not limited to, considerations of cost 
effectiveness, technical feasibility, safety and secondary impacts.
    Delayed coking unit means a refinery process unit in which high 
molecular weight petroleum derivatives are thermally cracked and 
petroleum coke is produced in a series of closed, batch system reactors. 
A delayed coking unit includes, but is not limited to, all of the coke 
drums associated with a single fractionator; the fractionator, including 
the bottoms receiver and the overhead condenser; the coke drum cutting 
water and quench system, including the jet pump and coker quench water 
tank; and the coke drum blowdown recovery compressor system.
    Emergency flare means a flare that combusts gas exclusively released 
as a result of malfunctions (and not startup, shutdown, routine 
operations or any other cause) on four or fewer occasions in a rolling 
365-day period. For purposes of this rule, a flare cannot be categorized 
as an emergency flare unless it maintains a water seal.
    Flare means a combustion device that uses an uncontrolled volume of 
air to burn gases. The flare includes the foundation, flare tip, 
structural support, burner, igniter, flare controls, including air 
injection or steam injection systems, flame arrestors and the flare gas 
header system. In the case of an interconnected flare gas header system, 
the flare includes each individual flare serviced by the interconnected 
flare gas header system and the interconnected flare gas header system.
    Flare gas header system means all piping and knockout pots, 
including those in a subheader system, used to collect and transport gas 
to a flare either from a process unit or a pressure relief valve from 
the fuel gas system, regardless of whether or not a flare gas recovery 
system draws gas from the flare gas header system. The flare gas header 
system includes piping inside the battery limit of a process unit if the 
purpose of the piping is to transport gas to a flare or knockout pot 
that is part of the flare.
    Flare gas recovery system means a system of one or more compressors, 
piping and the associated water seal, rupture disk or similar device 
used to divert gas from the flare and direct the gas to the fuel gas 
system or to a fuel gas combustion device.
    Flexicoking unit means a refinery process unit in which high 
molecular weight petroleum derivatives are thermally cracked and 
petroleum coke is continuously produced and then gasified to produce a 
synthetic fuel gas.
    Fluid catalytic cracking unit means a refinery process unit in which 
petroleum derivatives are continuously charged and hydrocarbon molecules 
in the presence of a catalyst suspended in a fluidized bed are fractured 
into smaller molecules, or react with a contact material suspended in a 
fluidized bed to improve feedstock quality for additional processing and 
the catalyst or contact material is continuously regenerated by burning 
off coke and other deposits. The unit includes the riser, reactor, 
regenerator, air blowers, spent catalyst or contact material stripper, 
catalyst or contact material recovery equipment, and regenerator 
equipment for controlling air pollutant emissions and for heat recovery. 
When fluid catalyst cracking unit regenerator exhaust from two separate 
fluid catalytic cracking units share a common exhaust treatment (e.g., 
CO boiler or wet scrubber), the fluid catalytic cracking unit is a 
single affected facility.
    Fluid coking unit means a refinery process unit in which high 
molecular weight petroleum derivatives are thermally cracked and 
petroleum coke is continuously produced in a fluidized bed system. The 
fluid coking unit includes the coking reactor, the coking burner, and 
equipment for controlling air pollutant emissions and for heat recovery 
on the fluid coking burner exhaust vent.
    Forced draft process heater means a process heater in which the 
combustion air is supplied under positive pressure produced by a fan at 
any location in the inlet air line prior to the point where the 
combustion air enters the process heater or air preheat. For the

[[Page 374]]

purposes of this subpart, a process heater that uses fans at both the 
inlet air side and the exhaust air side (i.e., balanced draft system) is 
considered to be a forced draft process heater.
    Fuel gas means any gas which is generated at a petroleum refinery 
and which is combusted. Fuel gas includes natural gas when the natural 
gas is combined and combusted in any proportion with a gas generated at 
a refinery. Fuel gas does not include gases generated by catalytic 
cracking unit catalyst regenerators, coke calciners (used to make 
premium grade coke) and fluid coking burners, but does include gases 
from flexicoking unit gasifiers and other gasifiers. Fuel gas does not 
include vapors that are collected and combusted in a thermal oxidizer or 
flare installed to control emissions from wastewater treatment units 
other than those processing sour water, marine tank vessel loading 
operations or asphalt processing units (i.e., asphalt blowing stills).
    Fuel gas combustion device means any equipment, such as process 
heaters and boilers, used to combust fuel gas. For the purposes of this 
subpart, fuel gas combustion device does not include flares or 
facilities in which gases are combusted to produce sulfur or sulfuric 
acid.
    Fuel gas system means a system of compressors, piping, knock-out 
pots, mix drums, and units used to remove sulfur contaminants from the 
fuel gas (e.g., amine scrubbers) that collects refinery fuel gas from 
one or more sources for treatment as necessary prior to combusting in 
process heaters or boilers. A fuel gas system may have an overpressure 
vent to a flare but the primary purpose for a fuel gas system is to 
provide fuel to the refinery.
    Natural draft process heater means any process heater in which the 
combustion air is supplied under ambient or negative pressure without 
the use of an inlet air (forced draft) fan. For the purposes of this 
subpart, a natural draft process heater is any process heater that is 
not a forced draft process heater, including induced draft systems.
    Non-emergency flare means any flare that is not an emergency flare 
as defined in this subpart.
    Oxidation control system means an emission control system which 
reduces emissions from sulfur recovery plants by converting these 
emissions to sulfur dioxide (SO2) and recycling the 
SO2 to the reactor furnace or the first-stage catalytic 
reactor of the Claus sulfur recovery plant or converting the 
SO2 to a sulfur product.
    Petroleum means the crude oil removed from the earth and the oils 
derived from tar sands, shale, and coal.
    Petroleum refinery means any facility engaged in producing gasoline, 
kerosene, distillate fuel oils, residual fuel oils, lubricants, asphalt 
(bitumen) or other products through distillation of petroleum or through 
redistillation, cracking or reforming of unfinished petroleum 
derivatives. A facility that produces only oil shale or tar sands-
derived crude oil for further processing at a petroleum refinery using 
only solvent extraction and/or distillation to recover diluent is not a 
petroleum refinery.
    Primary flare means the first flare in a cascaded flare system.
    Process heater means an enclosed combustion device used to transfer 
heat indirectly to process stream materials (liquids, gases, or solids) 
or to a heat transfer material for use in a process unit instead of 
steam.
    Process upset gas means any gas generated by a petroleum refinery 
process unit or by ancillary equipment as a result of startup, shutdown, 
upset or malfunction.
    Purge gas means gas introduced between a flare's water seal and a 
flare's tip to prevent oxygen infiltration (backflow) into the flare 
tip. For flares with no water seals, the function of purge gas is 
performed by sweep gas (i.e., flares without water seals do not use 
purge gas).
    Reduced sulfur compounds means hydrogen sulfide (H2S), 
carbonyl sulfide, and carbon disulfide.
    Reduction control system means an emission control system which 
reduces emissions from sulfur recovery plants by converting these 
emissions to H2S and either recycling the H2S to 
the reactor furnace or the first-stage catalytic reactor of the Claus 
sulfur recovery plant or converting the H2S to a sulfur 
product.

[[Page 375]]

    Refinery process unit means any segment of the petroleum refinery in 
which a specific processing operation is conducted.
    Root cause analysis means an assessment conducted through a process 
of investigation to determine the primary cause, and any other 
contributing cause(s), of a discharge of gases in excess of specified 
thresholds.
    Secondary flare means a flare in a cascaded flare system that 
provides additional flare capacity and pressure relief to a flare gas 
system when the flare gas flow exceeds the capacity of the primary 
flare. For purposes of this subpart, a secondary flare is characterized 
by infrequent use and must maintain a water seal.
    Sour water means water that contains sulfur compounds (usually 
H2S) at concentrations of 10 parts per million by weight or 
more.
    Sulfur pit means the storage vessel in which sulfur that is 
condensed after each Claus catalytic reactor is initially accumulated 
and stored. A sulfur pit does not include secondary sulfur storage 
vessels downstream of the initial Claus reactor sulfur pits.
    Sulfur recovery plant means all process units which recover sulfur 
from H2S and/or SO2 from a common source of sour 
gas produced at a petroleum refinery. The sulfur recovery plant also 
includes sulfur pits used to store the recovered sulfur product, but it 
does not include secondary sulfur storage vessels or loading facilities 
downstream of the sulfur pits. For example, a Claus sulfur recovery 
plant includes: Reactor furnace and waste heat boiler, catalytic 
reactors, sulfur pits and, if present, oxidation or reduction control 
systems or incinerator, thermal oxidizer or similar combustion device. 
Multiple sulfur recovery units are a single affected facility only when 
the units share the same source of sour gas. Sulfur recovery plants that 
receive source gas from completely segregated sour gas treatment systems 
are separate affected facilities.
    Sweep gas means the gas introduced in a flare gas header system to 
maintain a constant flow of gas to prevent oxygen buildup in the flare 
header. For flares with no water seals, sweep gas also performs the 
function of preventing oxygen infiltration (backflow) into the flare 
tip.

[73 FR 35867, June 24, 2008, as amended at 77 FR 56464, Sep. 12, 2012; 
78 FR 76756, Dec. 19, 2013; 80 FR 75230, Dec. 1, 2015]



Sec.  60.102a  Emissions limitations.

    (a) Each owner or operator that is subject to the requirements of 
this subpart shall comply with the emissions limitations in paragraphs 
(b) through (i) of this section on and after the date on which the 
initial performance test, required by Sec.  60.8, is completed, but not 
later than 60 days after achieving the maximum production rate at which 
the affected facility will be operated or 180 days after initial 
startup, whichever comes first.
    (b) An owner or operator subject to the provisions of this subpart 
shall not discharge or cause the discharge into the atmosphere from any 
FCCU or FCU:
    (1) Particulate matter (PM) in excess of the limits in paragraphs 
(b)(1)(i), (ii), or (iii) of this section.
    (i) 1.0 gram per kilogram (g/kg) (1 pound (lb) per 1,000 lb) coke 
burn-off or, if a PM continuous emission monitoring system (CEMS) is 
used, 0.040 grain per dry standard cubic feet (gr/dscf) corrected to 0 
percent excess air for each modified or reconstructed FCCU.
    (ii) 0.5 gram per kilogram (g/kg) coke burn-off (0.5 lb PM/1,000 lb 
coke burn-off) or, if a PM CEMS is used, 0.020 gr/dscf corrected to 0 
percent excess air for each newly constructed FCCU.
    (iii) 1.0 g/kg (1 lb/1,000 lb) coke burn-off or, if a PM CEMS is 
used, 0.040 grain per dry standard cubic feet (gr/dscf) corrected to 0 
percent excess air for each affected FCU.
    (2) Nitrogen oxides (NOX) in excess of 80 parts per 
million by volume (ppmv), dry basis corrected to 0 percent excess air, 
on a 7-day rolling average basis.
    (3) Sulfur dioxide (SO2) in excess of 50 ppmv dry basis 
corrected to 0 percent excess air, on a 7-day rolling average basis and 
25 ppmv, dry basis corrected to 0 percent excess air, on a 365-day 
rolling average basis.
    (4) Carbon monoxide (CO) in excess of 500 ppmv, dry basis corrected 
to 0 percent excess air, on an hourly average basis.

[[Page 376]]

    (c) The owner or operator of a FCCU or FCU that uses a continuous 
parameter monitoring system (CPMS) according to Sec.  60.105a(b)(1) 
shall comply with the applicable control device parameter operating 
limit in paragraph (c)(1) or (2) of this section.
    (1) If the FCCU or FCU is controlled using an electrostatic 
precipitator:
    (i) The 3-hour rolling average total power and secondary current to 
the entire system must not fall below the level established during the 
most recent performance test; and
    (ii) The daily average exhaust coke burn-off rate must not exceed 
the level established during the most recent performance test.
    (2) If the FCCU or FCU is controlled using a wet scrubber:
    (i) The 3-hour rolling average pressure drop must not fall below the 
level established during the most recent performance test; and
    (ii) The 3-hour rolling average liquid-to-gas ratio must not fall 
below the level established during the most recent performance test.
    (d) If an FCCU or FCU uses a continuous opacity monitoring system 
(COMS) according to the alternative monitoring option in Sec.  
60.105a(e), the 3-hour rolling average opacity of emissions from the 
FCCU or FCU as measured by the COMS must not exceed the site-specific 
opacity limit established during the most recent performance test.
    (e) The owner or operator of a FCCU or FCU that is exempted from the 
requirement for a CO continuous emissions monitoring system under Sec.  
60.105a(h)(3) shall comply with the parameter operating limits in 
paragraph (e)(1) or (2) of this section.
    (1) For a FCCU or FCU with no post-combustion control device:
    (i) The hourly average temperature of the exhaust gases exiting the 
FCCU or FCU must not fall below the level established during the most 
recent performance test.
    (ii) The hourly average oxygen (O2) concentration of the 
exhaust gases exiting the FCCU or FCU must not fall below the level 
established during the most recent performance test.
    (2) For a FCCU or FCU with a post-combustion control device:
    (i) The hourly average temperature of the exhaust gas vent stream 
exiting the control device must not fall below the level established 
during the most recent performance test.
    (ii) The hourly average O2 concentration of the exhaust 
gas vent stream exiting the control device must not fall below the level 
established during the most recent performance test.
    (f) Except as provided in paragraph (f)(3) of this section, each 
owner or operator of an affected sulfur recovery plant shall comply with 
the applicable emission limits in paragraph (f)(1) or (2) of this 
section.
    (1) For a sulfur recovery plant with a design production capacity 
greater than 20 long tons per day (LTD), the owner or operator shall 
comply with the applicable emission limit in paragraph (f)(1)(i) or (ii) 
of this section. If the sulfur recovery plant consists of multiple 
process trains or release points, the owner or operator shall comply 
with the applicable emission limit for each process train or release 
point individually or comply with the applicable emission limit in 
paragraph (f)(1)(i) or (ii) as a flow rate weighted average for a group 
of release points from the sulfur recovery plant provided that flow is 
monitored as specified in Sec.  60.106a(a)(7); if flow is not monitored 
as specified in Sec.  60.106a(a)(7), the owner or operator shall comply 
with the applicable emission limit in paragraph (f)(1)(i) or (ii) for 
each process train or release point individually. For a sulfur recovery 
plant with a design production capacity greater than 20 long LTD and a 
reduction control system not followed by incineration, the owner or 
operator shall also comply with the H2S emission limit in 
paragraph (f)(1)(iii) of this section for each individual release point.
    (i) For a sulfur recovery plant with an oxidation control system or 
a reduction control system followed by incineration, the owner or 
operator shall not discharge or cause the discharge of any gases 
containing SO2 into the atmosphere in excess of the emission 
limit calculated using Equation 1 of this section. For Claus units that 
use only ambient air in the Claus burner or that elect not to monitor 
O2 concentration of the air/oxygen mixture used in

[[Page 377]]

the Claus burner or for non-Claus sulfur recovery plants, this 
SO2 emissions limit is 250 ppmv (dry basis) at zero percent 
excess air.
[GRAPHIC] [TIFF OMITTED] TR01DE15.000


Where:

ELS = Emission limit for large sulfur recovery plant, ppmv 
          (as SO2, dry basis at zero percent excess air);
k1 = Constant factor for emission limit conversion: 
          k1 = 1 for converting to the SO2 limit 
          for a sulfur recovery plant with an oxidation control system 
          or a reduction control system followed by incineration and 
          k1 = 1.2 for converting to the reduced sulfur 
          compounds limit for a sulfur recovery plant with a reduction 
          control system not followed by incineration; and
%O2 = O2 concentration of the air/oxygen mixture 
          supplied to the Claus burner, percent by volume (dry basis). 
          If only ambient air is used for the Claus burner or if the 
          owner or operator elects not to monitor O2 
          concentration of the air/oxygen mixture used in the Claus 
          burner or for non-Claus sulfur recovery plants, use 20.9% for 
          %O2.

    (ii) For a sulfur recovery plant with a reduction control system not 
followed by incineration, the owner or operator shall not discharge or 
cause the discharge of any gases into the atmosphere containing reduced 
sulfur compounds in excess of the emission limit calculated using 
Equation 1 of this section. For Claus units that use only ambient air in 
the Claus burner or for non-Claus sulfur recovery plants, this reduced 
sulfur compounds emission limit is 300 ppmv calculated as ppmv 
SO2 (dry basis) at 0-percent excess air.
    (iii) For a sulfur recovery plant with a reduction control system 
not followed by incineration, the owner or operator shall not discharge 
or cause the discharge of any gases into the atmosphere containing 
hydrogen sulfide (H2S) in excess of 10 ppmv calculated as 
ppmv SO2 (dry basis) at zero percent excess air.
    (2) For a sulfur recovery plant with a design production capacity of 
20 LTD or less, the owner or operator shall comply with the applicable 
emission limit in paragraph (f)(2)(i) or (ii) of this section. If the 
sulfur recovery plant consists of multiple process trains or release 
points, the owner or operator may comply with the applicable emission 
limit for each process train or release point individually or comply 
with the applicable emission limit in paragraph (f)(2)(i) or (ii) as a 
flow rate weighted average for a group of release points from the sulfur 
recovery plant provided that flow is monitored as specified in Sec.  
60.106a(a)(7); if flow is not monitored as specified in Sec.  
60.106a(a)(7), the owner or operator shall comply with the applicable 
emission limit in paragraph (f)(2)(i) or (ii) for each process train or 
release point individually. For a sulfur recovery plant with a design 
production capacity of 20 LTD or less and a reduction control system not 
followed by incineration, the owner or operator shall also comply with 
the H2S emission limit in paragraph (f)(2)(iii) of this 
section for each individual release point.
    (i) For a sulfur recovery plant with an oxidation control system or 
a reduction control system followed by incineration, the owner or 
operator shall not discharge or cause the discharge of any gases into 
the atmosphere containing SO2 in excess of the emission limit 
calculated using Equation 2 of this section. For Claus units that use 
only ambient air in the Claus burner or that elect not to monitor 
O2 concentration of the air/oxygen mixture used in the Claus 
burner or for non-Claus sulfur recovery plants, this SO2 
emission limit is 2,500 ppmv (dry basis) at zero percent excess air.
[GRAPHIC] [TIFF OMITTED] TR01DE15.001



[[Page 378]]


Where:

ESS = Emission limit for small sulfur recovery plant, ppmv 
          (as SO2, dry basis at zero percent excess air);
k1 = Constant factor for emission limit conversion: 
          k1 = 1 for converting to the SO2 limit 
          for a sulfur recovery plant with an oxidation control system 
          or a reduction control system followed by incineration and 
          k1 = 1.2 for converting to the reduced sulfur 
          compounds limit for a sulfur recovery plant with a reduction 
          control system not followed by incineration; and
%O2 = O2 concentration of the air/oxygen mixture 
          supplied to the Claus burner, percent by volume (dry basis). 
          If only ambient air is used in the Claus burner or if the 
          owner or operator elects not to monitor O2 
          concentration of the air/oxygen mixture used in the Claus 
          burner or for non-Claus sulfur recovery plants, use 20.9% for 
          %O2.

    (ii) For a sulfur recovery plant with a reduction control system not 
followed by incineration, the owner or operator shall not discharge or 
cause the discharge of any gases into the atmosphere containing reduced 
sulfur compounds in excess of the emission limit calculated using 
Equation 2 of this section. For Claus units that use only ambient air in 
the Claus burner or for non-Claus sulfur recovery plants, this reduced 
sulfur compounds emission limit is 3,000 ppmv calculated as ppmv 
SO2 (dry basis) at zero percent excess air.
    (iii) For a sulfur recovery plant with a reduction control system 
not followed by incineration, the owner or operator shall not discharge 
or cause the discharge of any gases into the atmosphere containing 
H2S in excess of 100 ppmv calculated as ppmv SO2 
(dry basis) at zero percent excess air.
    (3) The emission limits in paragraphs (f)(1) and (2) of this section 
shall not apply during periods of maintenance of the sulfur pit, which 
shall not exceed 240 hours per year. The owner or operator must document 
the time periods during which the sulfur pit vents were not controlled 
and measures taken to minimize emissions during these periods. Examples 
of these measures include not adding fresh sulfur or shutting off vent 
fans.
    (g) Each owner or operator of an affected fuel gas combustion device 
shall comply with the emissions limits in paragraphs (g)(1) and (2) of 
this section.
    (1) Except as provided in (g)(1)(iii) of this section, for each fuel 
gas combustion device, the owner or operator shall comply with either 
the emission limit in paragraph (g)(1)(i) of this section or the fuel 
gas concentration limit in paragraph (g)(1)(ii) of this section. For CO 
boilers or furnaces that are part of a fluid catalytic cracking unit or 
fluid coking unit affected facility, the owner or operator shall comply 
with the fuel gas concentration limit in paragraph (g)(1)(ii) for all 
fuel gas streams combusted in these units.
    (i) The owner or operator shall not discharge or cause the discharge 
of any gases into the atmosphere that contain SO2 in excess 
of 20 ppmv (dry basis, corrected to 0-percent excess air) determined 
hourly on a 3-hour rolling average basis and SO2 in excess of 
8 ppmv (dry basis, corrected to 0-percent excess air), determined daily 
on a 365 successive calendar day rolling average basis; or
    (ii) The owner or operator shall not burn in any fuel gas combustion 
device any fuel gas that contains H2S in excess of 162 ppmv 
determined hourly on a 3-hour rolling average basis and H2S 
in excess of 60 ppmv determined daily on a 365 successive calendar day 
rolling average basis.
    (iii) The combustion in a portable generator of fuel gas released as 
a result of tank degassing and/or cleaning is exempt from the emissions 
limits in paragraphs (g)(1)(i) and (ii) of this section.
    (2) For each process heater with a rated capacity of greater than 40 
million British thermal units per hour (MMBtu/hr) on a higher heating 
value basis, the owner or operator shall not discharge to the atmosphere 
any emissions of NOX in excess of the applicable limits in 
paragraphs (g)(2)(i) through (iv) of this section.
    (i) For each natural draft process heater, comply with the limit in 
either paragraph (g)(2)(i)(A) or (B) of this section. The owner or 
operator may comply with either limit at any time, provided that the 
appropriate parameters for each alternative are monitored as specified 
in Sec.  60.107a; if fuel gas composition is not monitored as specified 
in Sec.  60.107a(d), the owner or operator must comply with the 
concentration

[[Page 379]]

limits in paragraph (g)(2)(i)(A) of this section.
    (A) 40 ppmv (dry basis, corrected to 0-percent excess air) 
determined daily on a 30-day rolling average basis; or
    (B) 0.040 pounds per million British thermal units (lb/MMBtu) higher 
heating value basis determined daily on a 30-day rolling average basis.
    (ii) For each forced draft process heater, comply with the limit in 
either paragraph (g)(2)(ii)(A) or (B) of this section. The owner or 
operator may comply with either limit at any time, provided that the 
appropriate parameters for each alternative are monitored as specified 
in Sec.  60.107a; if fuel gas composition is not monitored as specified 
in Sec.  60.107a(d), the owner or operator must comply with the 
concentration limits in paragraph (g)(2)(ii)(A) of this section.
    (A) 60 ppmv (dry basis, corrected to 0-percent excess air) 
determined daily on a 30-day rolling average basis; or
    (B) 0.060 lb/MMBtu higher heating value basis determined daily on a 
30-day rolling average basis.
    (iii) For each co-fired natural draft process heater, comply with 
the limit in either paragraph (g)(2)(iii)(A) or (B) of this section. The 
owner or operator must choose one of the emissions limits with which to 
comply at all times:
    (A) 150 ppmv (dry basis, corrected to 0-percent excess air) 
determined daily on a 30 successive operating day rolling average basis; 
or
    (B) The daily average emissions limit calculated using Equation 3 of 
this section:
[GRAPHIC] [TIFF OMITTED] TR12SE12.001

Where:

ERNOx = Daily allowable average emission rate of 
          NOX, lb/MMBtu (higher heating value basis);
Qgas = Daily average volumetric flow rate of fuel gas, 
          standard cubic feet per day (scf/day);
Qoil = Daily average volumetric flow rate of fuel oil, scf/
          day;
HHVgas = Daily average higher heating value of gas fired to 
          the process heater, MMBtu/scf; and
HHVoil = Daily average higher heating value of fuel oil fired 
          to the process heater, MMBtu/scf.

    (iv) For each co-fired forced draft process heater, comply with the 
limit in either paragraph (g)(2)(iv)(A) or (B) of this section. The 
owner or operator must choose one of the emissions limits with which to 
comply at all times:
    (A) 150 ppmv (dry basis, corrected to 0-percent excess air) 
determined daily on a 30 successive operating day rolling average basis; 
or
    (B) The daily average emissions limit calculated using Equation 4 of 
this section:
[GRAPHIC] [TIFF OMITTED] TR12SE12.002

Where:

ERNOx = Daily allowable average emission rate of 
          NOX, lb/MMBtu (higher heating value basis);
Qgas = Daily average volumetric flow rate of fuel gas, scf/
          day;
Qoil = Daily average volumetric flow rate of fuel oil, scf/
          day;
HHVgas = Daily average higher heating value of gas fired to 
          the process heater, MMBtu/scf; and
HHVoil = Daily average higher heating value of fuel oil fired 
          to the process heater, MMBtu/scf.

    (h) [Reserved]

[[Page 380]]

    (i) For a process heater that meets any of the criteria of 
paragraphs (i)(1)(i) through (iv) of this section, an owner or operator 
may request approval from the Administrator for a NOX 
emissions limit which shall apply specifically to that affected 
facility. The request shall include information as described in 
paragraph (i)(2) of this section. The request shall be submitted and 
followed as described in paragraph (i)(3) of this section.
    (1) A process heater that meets one of the criteria in paragraphs 
(i)(1)(i) through (iv) of this section may apply for a site-specific 
NOX emissions limit:
    (i) A modified or reconstructed process heater that lacks sufficient 
space to accommodate installation and proper operation of combustion 
modification-based technology (e.g., ultra-low NOX burners); 
or
    (ii) A modified or reconstructed process heater that has downwardly 
firing induced draft burners; or
    (iii) A co-fired process heater; or
    (iv) A process heater operating at reduced firing conditions for an 
extended period of time (i.e., operating in turndown mode). The site-
specific NOX emissions limit will only apply for those 
operating conditions.
    (2) The request shall include sufficient and appropriate data, as 
determined by the Administrator, to allow the Administrator to confirm 
that the process heater is unable to comply with the applicable 
NOX emissions limit in paragraph (g)(2) of this section. At a 
minimum, the request shall contain the information described in 
paragraphs (i)(2)(i) through (iv) of this section.
    (i) The design and dimensions of the process heater, evaluation of 
available combustion modification-based technology, description of fuel 
gas and, if applicable, fuel oil characteristics, information regarding 
the combustion conditions (temperature, oxygen content, firing rates) 
and other information needed to demonstrate that the process heater 
meets one of the four classes of process heaters listed in paragraph 
(i)(1) of this section.
    (ii) An explanation of how the data in paragraph (i)(2)(i) 
demonstrate that ultra-low NOX burners, flue gas 
recirculation, control of excess air or other combustion modification-
based technology (including combinations of these combustion 
modification-based technologies) cannot be used to meet the applicable 
emissions limit in paragraph (g)(2) of this section.
    (iii) Results of a performance test conducted under representative 
conditions using the applicable methods specified in Sec.  60.104a(i) to 
demonstrate the performance of the technology the owner or operator will 
use to minimize NOX emissions.
    (iv) The means by which the owner or operator will document 
continuous compliance with the site-specific emissions limit.
    (3) The request shall be submitted and followed as described in 
paragraphs (i)(3)(i) through (iii) of this section.
    (i) The owner or operator of a process heater that meets one of the 
criteria in paragraphs (i)(1)(i) through (iv) of this section may 
request approval from the Administrator within 180 days after initial 
startup of the process heater for a NOX emissions limit which 
shall apply specifically to that affected facility.
    (ii) The request must be submitted to the Administrator for 
approval. The owner or operator must comply with the request as 
submitted until it is approved.
    (iii) The request shall also be submitted to the following address: 
U.S. Environmental Protection Agency, Office of Air Quality Planning and 
Standards, Sector Policies and Programs Division, U.S. EPA Mailroom 
(E143-01), Attention: Refinery Sector Lead, 109 T.W. Alexander Drive, 
Research Triangle Park, NC 27711. Electronic copies in lieu of hard 
copies may also be submitted to [email protected].
    (4) The approval process for a request for a facility-specific 
NOX emissions limit is described in paragraphs (i)(4)(i) 
through (iii) of this section.
    (i) Approval by the Administrator of a facility-specific 
NOX emissions limit request will be based on the 
completeness, accuracy and reasonableness of the request. Factors that 
the EPA will consider in reviewing the request for approval include, but 
are not limited to, the following:
    (A) A demonstration that the process heater meets one of the four 
classes of

[[Page 381]]

process heaters outlined in paragraphs (i)(1) of this section;
    (B) A description of the low-NOX burner designs and other 
combustion modifications considered for reducing NOX 
emissions;
    (C) The combustion modification option selected; and
    (D) The operating conditions (firing rate, heater box temperature 
and excess oxygen concentration) at which the NOX emission 
level was established.
    (ii) If the request is approved by the Administrator, a facility-
specific NOX emissions limit will be established at the 
NOX emission level demonstrated in the approved request.
    (iii) If the Administrator finds any deficiencies in the request, 
the request must be revised to address the deficiencies and be re-
submitted for approval.

[73 FR 35867, June 24, 2008, as amended at 77 FR 56466, Sep. 12, 2012; 
80 FR 75230, Dec. 1, 2015; 81 FR 45240, July 13, 2016]



Sec.  60.103a  Design, equipment, work practice or operational standards.

    (a) Except as provided in paragraph (g) of this section, each owner 
or operator that operates a flare that is subject to this subpart shall 
develop and implement a written flare management plan no later than the 
date specified in paragraph (b) of this section. The flare management 
plan must include the information described in paragraphs (a)(1) through 
(7) of this section.
    (1) A listing of all refinery process units, ancillary equipment, 
and fuel gas systems connected to the flare for each affected flare.
    (2) An assessment of whether discharges to affected flares from 
these process units, ancillary equipment and fuel gas systems can be 
minimized. The flare minimization assessment must (at a minimum) 
consider the items in paragraphs (a)(2)(i) through (iv) of this section. 
The assessment must provide clear rationale in terms of costs (capital 
and annual operating), natural gas offset credits (if applicable), 
technical feasibility, secondary environmental impacts and safety 
considerations for the selected minimization alternative(s) or a 
statement, with justifications, that flow reduction could not be 
achieved. Based upon the assessment, each owner or operator of an 
affected flare shall identify the minimization alternatives that it has 
implemented by the due date of the flare management plan and shall 
include a schedule for the prompt implementation of any selected 
measures that cannot reasonably be completed as of that date.
    (i) Elimination of process gas discharge to the flare through 
process operating changes or gas recovery at the source.
    (ii) Reduction of the volume of process gas to the flare through 
process operating changes.
    (iii) Installation of a flare gas recovery system or, for facilities 
that are fuel gas rich, a flare gas recovery system and a co-generation 
unit or combined heat and power unit.
    (iv) Minimization of sweep gas flow rates and, for flares with water 
seals, purge gas flow rates.
    (3) A description of each affected flare containing the information 
in paragraphs (a)(3)(i) through (vii) of this section.
    (i) A general description of the flare, including the information in 
paragraphs (a)(3)(i)(A) through (G) of this section.
    (A) Whether it is a ground flare or elevated (including height).
    (B) The type of assist system (e.g., air, steam, pressure, non-
assisted).
    (C) Whether it is simple or complex flare tip (e.g., staged, 
sequential).
    (D) Whether the flare is part of a cascaded flare system (and if so, 
whether the flare is primary or secondary).
    (E) Whether the flare serves as a backup to another flare.
    (F) Whether the flare is an emergency flare or a non-emergency 
flare.
    (G) Whether the flare is equipped with a flare gas recovery system.
    (ii) Description and simple process flow diagram showing the 
interconnection of the following components of the flare: flare tip 
(date installed, manufacturer, nominal and effective tip diameter, tip 
drawing); knockout or surge drum(s) or pot(s) (including dimensions and 
design capacities); flare header(s) and subheader(s); assist system; and 
ignition system.
    (iii) Flare design parameters, including the maximum vent gas flow 
rate;

[[Page 382]]

minimum sweep gas flow rate; minimum purge gas flow rate (if any); 
maximum supplemental gas flow rate; maximum pilot gas flow rate; and, if 
the flare is steam-assisted, minimum total steam rate.
    (iv) Description and simple process flow diagram showing all gas 
lines (including flare, purge (if applicable), sweep, supplemental and 
pilot gas) that are associated with the flare. For purge, sweep, 
supplemental and pilot gas, identify the type of gas used. Designate 
which lines are exempt from sulfur, H2S or flow monitoring 
and why (e.g., natural gas, inherently low sulfur, pilot gas). Designate 
which lines are monitored and identify on the process flow diagram the 
location and type of each monitor.
    (v) For each flow rate, H2S, sulfur content, pressure or 
water seal monitor identified in paragraph (a)(3)(iv) of this section, 
provide a detailed description of the manufacturer's specifications, 
including, but not limited to, make, model, type, range, precision, 
accuracy, calibration, maintenance and quality assurance procedures.
    (vi) For emergency flares, secondary flares and flares equipped with 
a flare gas recovery system designed, sized and operated to capture all 
flows except those resulting from startup, shutdown or malfunction:
    (A) Description of the water seal, including the operating range for 
the liquid level.
    (B) Designation of the monitoring option elected (flow and sulfur 
monitoring or pressure and water seal liquid level monitoring).
    (vii) For flares equipped with a flare gas recovery system:
    (A) A description of the flare gas recovery system, including number 
of compressors and capacity of each compressor.
    (B) A description of the monitoring parameters used to quantify the 
amount of flare gas recovered.
    (C) For systems with staged compressors, the maximum time period 
required to begin gas recovery with the secondary compressor(s), the 
monitoring parameters and procedures used to minimize the duration of 
releases during compressor staging and a justification for why the 
maximum time period cannot be further reduced.
    (4) An evaluation of the baseline flow to the flare. The baseline 
flow to the flare must be determined after implementing the minimization 
assessment in paragraph (a)(2) of this section. Baseline flows do not 
include pilot gas flow or purge gas flow (i.e., gas introduced after the 
flare's water seal) provided these gas flows remain reasonably constant 
(i.e., separate flow monitors for these streams are not required). 
Separate baseline flow rates may be established for different operating 
conditions provided that the management plan includes:
    (i) A primary baseline flow rate that will be used as the default 
baseline for all conditions except those specifically delineated in the 
plan;
    (ii) A description of each special condition for which an alternate 
baseline is established, including the rationale for each alternate 
baseline, the daily flow for each alternate baseline and the expected 
duration of the special conditions for each alternate baseline; and
    (iii) Procedures to minimize discharges to the affected flare during 
each special condition described in paragraph (a)(4)(ii) of this 
section, unless procedures are already developed for these cases under 
paragraph (a)(5) through (7) of this section, as applicable.
    (5) Procedures to minimize or eliminate discharges to the flare 
during the planned startup and shutdown of the refinery process units 
and ancillary equipment that are connected to the affected flare, 
together with a schedule for the prompt implementation of any procedures 
that cannot reasonably be implemented as of the date of the submission 
of the flare management plan.
    (6) Procedures to reduce flaring in cases of fuel gas imbalance 
(i.e., excess fuel gas for the refinery's energy needs), together with a 
schedule for the prompt implementation of any procedures that cannot 
reasonably be implemented as of the date of the submission of the flare 
management plan.
    (7) For flares equipped with flare gas recovery systems, procedures 
to minimize the frequency and duration of outages of the flare gas 
recovery system and procedures to minimize the

[[Page 383]]

volume of gas flared during such outages, together with a schedule for 
the prompt implementation of any procedures that cannot reasonably be 
implemented as of the date of the submission of the flare management 
plan.
    (b) Except as provided in paragraph (g) of this section, each owner 
or operator required to develop and implement a written flare management 
plan as described in paragraph (a) of this section must submit the plan 
to the Administrator as described in paragraphs (b)(1) through (3) of 
this section.
    (1) The owner or operator of a newly constructed or reconstructed 
flare must develop and implement the flare management plan by no later 
than the date that the flare becomes an affected facility subject to 
this subpart, except for the selected minimization alternatives in 
paragraph (a)(2) and/or the procedures in paragraphs (a)(5) though 
(a)(7) of this section that cannot reasonably be implemented by that 
date, which the owner or operator must implement in accordance with the 
schedule in the flare management plan. The owner or operator of a 
modified flare must develop and implement the flare management plan by 
no later than November 11, 2015 or upon startup of the modified flare, 
whichever is later.
    (2) The owner or operator must comply with the plan as submitted by 
the date specified in paragraph (b)(1) of this section. The plan should 
be updated periodically to account for changes in the operation of the 
flare, such as new connections to the flare or the installation of a 
flare gas recovery system, but the plan need be re-submitted to the 
Administrator only if the owner or operator adds an alternative baseline 
flow rate, revises an existing baseline as described in paragraph (a)(4) 
of this section, installs a flare gas recovery system or is required to 
change flare designations and monitoring methods as described in Sec.  
60.107a(g). The owner or operator must comply with the updated plan as 
submitted.
    (3) All versions of the plan submitted to the Administrator shall 
also be submitted to the following address: U.S. Environmental 
Protection Agency, Office of Air Quality Planning and Standards, Sector 
Policies and Programs Division, U.S. EPA Mailroom (E143-01), Attention: 
Refinery Sector Lead, 109 T.W. Alexander Drive, Research Triangle Park, 
NC 27711. Electronic copies in lieu of hard copies may also be submitted 
to [email protected].
    (c) Except as provided in paragraphs (f) and (g) of this section, 
each owner or operator that operates a fuel gas combustion device, flare 
or sulfur recovery plant subject to this subpart shall conduct a root 
cause analysis and a corrective action analysis for each of the 
conditions specified in paragraphs (c)(1) through (3) of this section.
    (1) For a flare:
    (i) Any time the SO2 emissions exceed 227 kilograms (kg) 
(500 lb) in any 24-hour period; or
    (ii) Any discharge to the flare in excess of 14,160 standard cubic 
meters (m\3\) (500,000 standard cubic feet (scf)) above the baseline, 
determined in paragraph (a)(4) of this section, in any 24-hour period; 
or
    (iii) If the monitoring alternative in Sec.  60.107a(g) is elected, 
any period when the flare gas line pressure exceeds the water seal 
liquid depth, except for periods attributable to compressor staging that 
do not exceed the staging time specified in paragraph (a)(3)(vii)(C) of 
this section.
    (2) For a fuel gas combustion device, each exceedance of an 
applicable short-term emissions limit in Sec.  60.102a(g)(1) if the 
SO2 discharge to the atmosphere is 227 kg (500 lb) greater 
than the amount that would have been emitted if the emissions limits had 
been met during one or more consecutive periods of excess emissions or 
any 24-hour period, whichever is shorter.
    (3) For a sulfur recovery plant, each time the SO2 
emissions are more than 227 kg (500 lb) greater than the amount that 
would have been emitted if the SO2 or reduced sulfur 
concentration was equal to the applicable emissions limit in Sec.  
60.102a(f)(1) or (2) during one or more consecutive periods of excess 
emissions or any 24-hour period, whichever is shorter.
    (d) Except as provided in paragraphs (f) and (g) of this section, a 
root cause analysis and corrective action analysis must be completed as 
soon as possible, but no later than 45 days after a discharge meeting 
one of the conditions

[[Page 384]]

specified in paragraphs (c)(1) through (3) of this section. Special 
circumstances affecting the number of root cause analyses and/or 
corrective action analyses are provided in paragraphs (d)(1) through (5) 
of this section.
    (1) If a single continuous discharge meets any of the conditions 
specified in paragraphs (c)(1) through (3) of this section for 2 or more 
consecutive 24-hour periods, a single root cause analysis and corrective 
action analysis may be conducted.
    (2) If a single discharge from a flare triggers a root cause 
analysis based on more than one of the conditions specified in 
paragraphs (c)(1)(i) through (iii) of this section, a single root cause 
analysis and corrective action analysis may be conducted.
    (3) If the discharge from a flare is the result of a planned startup 
or shutdown of a refinery process unit or ancillary equipment connected 
to the affected flare and the procedures in paragraph (a)(5) of this 
section were followed, a root cause analysis and corrective action 
analysis is not required; however, the discharge must be recorded as 
described in Sec.  60.108a(c)(6) and reported as described in Sec.  
60.108a(d)(5).
    (4) If both the primary and secondary flare in a cascaded flare 
system meet any of the conditions specified in paragraphs (c)(1)(i) 
through (iii) of this section in the same 24-hour period, a single root 
cause analysis and corrective action analysis may be conducted.
    (5) Except as provided in paragraph (d)(4) of this section, if 
discharges occur that meet any of the conditions specified in paragraphs 
(c)(1) through (3) of this section for more than one affected facility 
in the same 24-hour period, initial root cause analyses shall be 
conducted for each affected facility. If the initial root cause analyses 
indicate that the discharges have the same root cause(s), the initial 
root cause analyses can be recorded as a single root cause analysis and 
a single corrective action analysis may be conducted.
    (e) Except as provided in paragraphs (f) and (g) of this section, 
each owner or operator of a fuel gas combustion device, flare or sulfur 
recovery plant subject to this subpart shall implement the corrective 
action(s) identified in the corrective action analysis conducted 
pursuant to paragraph (d) of this section in accordance with the 
applicable requirements in paragraphs (e)(1) through (3) of this 
section.
    (1) All corrective action(s) must be implemented within 45 days of 
the discharge for which the root cause and corrective action analyses 
were required or as soon thereafter as practicable. If an owner or 
operator concludes that corrective action should not be conducted, the 
owner or operator shall record and explain the basis for that conclusion 
no later than 45 days following the discharge as specified in Sec.  
60.108a(c)(6)(ix).
    (2) For corrective actions that cannot be fully implemented within 
45 days following the discharge for which the root cause and corrective 
action analyses were required, the owner or operator shall develop an 
implementation schedule to complete the corrective action(s) as soon as 
practicable.
    (3) No later than 45 days following the discharge for which a root 
cause and corrective action analyses were required, the owner or 
operator shall record the corrective action(s) completed to date, and, 
for action(s) not already completed, a schedule for implementation, 
including proposed commencement and completion dates as specified in 
Sec.  60.108a(c)(6)(x).
    (f) Modified flares shall comply with the requirements of paragraphs 
(c) through (e) of this section by November 11, 2015 or at startup of 
the modified flare, whichever is later. Modified flares that were not 
affected facilities subject to subpart J of this part prior to becoming 
affected facilities under Sec.  60.100a shall comply with the 
requirements of paragraph (h) of this section and the requirements of 
Sec.  60.107a(a)(2) by November 11, 2015 or at startup of the modified 
flare, whichever is later. Modified flares that were affected facilities 
subject to subpart J of this part prior to becoming affected facilities 
under Sec.  60.100a shall comply with the requirements of paragraph (h) 
of this section and the requirements of Sec.  60.107a(a)(2) by November 
13, 2012 or at startup of the modified flare, whichever is later, except 
that modified flares that have accepted applicability of subpart J under 
a federal consent decree shall comply with the subpart J

[[Page 385]]

requirements as specified in the consent decree, but shall comply with 
the requirements of paragraph (h) of this section and the requirements 
of Sec.  60.107a(a)(2) by no later than November 11, 2015.
    (g) An affected flare subject to this subpart located in the Bay 
Area Air Quality Management District (BAAQMD) may elect to comply with 
both BAAQMD Regulation 12, Rule 11 and BAAQMD Regulation 12, Rule 12 as 
an alternative to complying with the requirements of paragraphs (a) 
through (e) of this section. An affected flare subject to this subpart 
located in the South Coast Air Quality Management District (SCAQMD) may 
elect to comply with SCAQMD Rule 1118 as an alternative to complying 
with the requirements of paragraphs (a) through (e) of this section. The 
owner or operator of an affected flare must notify the Administrator 
that the flare is in compliance with BAAQMD Regulation 12, Rule 11 and 
BAAQMD Regulation 12, Rule 12 or SCAQMD Rule 1118. The owner or operator 
of an affected flare shall also submit the existing flare management 
plan to the following address: U.S. Environmental Protection Agency, 
Office of Air Quality Planning and Standards, Sector Policies and 
Programs Division, U.S. EPA Mailroom (E143-01), Attention: Refinery 
Sector Lead, 109 T.W. Alexander Drive, Research Triangle Park, NC 27711. 
Electronic copies in lieu of hard copies may also be submitted to 
[email protected].
    (h) Each owner or operator shall not burn in any affected flare any 
fuel gas that contains H2S in excess of 162 ppmv determined 
hourly on a 3-hour rolling average basis. The combustion in a flare of 
process upset gases or fuel gas that is released to the flare as a 
result of relief valve leakage or other emergency malfunctions is exempt 
from this limit.
    (i) Each owner or operator of a delayed coking unit shall depressure 
each coke drum to 5 lb per square inch gauge (psig) or less prior to 
discharging the coke drum steam exhaust to the atmosphere. Until the 
coke drum pressure reaches 5 psig, the coke drum steam exhaust must be 
managed in an enclosed blowdown system and the uncondensed vapor must 
either be recovered (e.g., sent to the delayed coking unit 
fractionators) or vented to the fuel gas system, a fuel gas combustion 
device or a flare.
    (j) Alternative means of emission limitation. (1) Each owner or 
operator subject to the provisions of this section may apply to the 
Administrator for a determination of equivalence for any means of 
emission limitation that achieves a reduction in emissions of a 
specified pollutant at least equivalent to the reduction in emissions of 
that pollutant achieved by the controls required in this section.
    (2) Determination of equivalence to the design, equipment, work 
practice or operational requirements of this section will be evaluated 
by the following guidelines:
    (i) Each owner or operator applying for a determination of 
equivalence shall be responsible for collecting and verifying test data 
to demonstrate the equivalence of the alternative means of emission 
limitation.
    (ii) For each affected facility for which a determination of 
equivalence is requested, the emission reduction achieved by the design, 
equipment, work practice or operational requirements shall be 
demonstrated.
    (iii) For each affected facility for which a determination of 
equivalence is requested, the emission reduction achieved by the 
alternative means of emission limitation shall be demonstrated.
    (iv) Each owner or operator applying for a determination of 
equivalence to a work practice standard shall commit in writing to work 
practice(s) that provide for emission reductions equal to or greater 
than the emission reductions achieved by the required work practice.
    (v) The Administrator will compare the demonstrated emission 
reduction for the alternative means of emission limitation to the 
demonstrated emission reduction for the design, equipment, work practice 
or operational requirements and, if applicable, will consider the 
commitment in paragraph (j)(2)(iv) of this section.
    (vi) The Administrator may condition the approval of the alternative 
means of emission limitation on requirements that may be necessary to

[[Page 386]]

ensure operation and maintenance to achieve the same emissions reduction 
as the design, equipment, work practice or operational requirements.
    (3) An owner or operator may offer a unique approach to demonstrate 
the equivalence of any equivalent means of emission limitation.
    (4) Approval of the application for equivalence to the design, 
equipment, work practice or operational requirements of this section 
will be evaluated by the following guidelines:
    (i) After a request for determination of equivalence is received, 
the Administrator will publish a notice in the Federal Register and 
provide the opportunity for public hearing if the Administrator judges 
that the request may be approved.
    (ii) After notice and opportunity for public hearing, the 
Administrator will determine the equivalence of a means of emission 
limitation and will publish the determination in the Federal Register.
    (iii) Any equivalent means of emission limitations approved under 
this section shall constitute a required work practice, equipment, 
design or operational standard within the meaning of section 111(h)(1) 
of the CAA.
    (5) Manufacturers of equipment used to control emissions may apply 
to the Administrator for determination of equivalence for any 
alternative means of emission limitation that achieves a reduction in 
emissions achieved by the equipment, design and operational requirements 
of this section. The Administrator will make an equivalence 
determination according to the provisions of paragraphs (j)(2) through 
(4) of this section.

[77 FR 56467, Sep. 12, 2012]



Sec.  60.104a  Performance tests.

    (a) The owner or operator shall conduct a performance test for each 
FCCU, FCU, sulfur recovery plant and fuel gas combustion device to 
demonstrate initial compliance with each applicable emissions limit in 
Sec.  60.102a and conduct a performance test for each flare to 
demonstrate initial compliance with the H2S concentration 
requirement in Sec.  60.103a(h) according to the requirements of Sec.  
60.8. The notification requirements of Sec.  60.8(d) apply to the 
initial performance test and to subsequent performance tests required by 
paragraph (b) of this section (or as required by the Administrator), but 
does not apply to performance tests conducted for the purpose of 
obtaining supplemental data because of continuous monitoring system 
breakdowns, repairs, calibration checks and zero and span adjustments.
    (b) The owner or operator of a FCCU or FCU that elects to monitor 
control device operating parameters according to the requirements in 
Sec.  60.105a(b), to use bag leak detectors according to the 
requirements in Sec.  60.105a(c), or to use COMS according to the 
requirements in Sec.  60.105a(e) shall conduct a PM performance test at 
least annually (i.e., once per calendar year, with an interval of at 
least 8 months but no more than 16 months between annual tests) and 
furnish the Administrator a written report of the results of each test.
    (c) In conducting the performance tests required by this subpart (or 
as requested by the Administrator), the owner or operator shall use the 
test methods in 40 CFR part 60, Appendices A-1 through A-8 or other 
methods as specified in this section, except as provided in Sec.  
60.8(b).
    (d) The owner or operator shall determine compliance with the PM, 
NOX, SO2, and CO emissions limits in Sec.  
60.102a(b) for FCCU and FCU using the following methods and procedures:
    (1) Method 1 of appendix A-1 to part 60 for sample and velocity 
traverses.
    (2) Method 2 of appendix A-1 to part 60 for velocity and volumetric 
flow rate.
    (3) Method 3, 3A, or 3B of appendix A-2 to part 60 for gas analysis. 
The method ANSI/ASME PTC 19.10-1981, ``Flue and Exhaust Gas Analyses,'' 
(incorporated by reference--see Sec.  60.17) is an acceptable 
alternative to EPA Method 3B of appendix A-2 to part 60.
    (4) Method 5, 5B, or 5F of appendix A-3 to part 60 for determining 
PM emissions and associated moisture content from a FCCU or FCU without 
a wet scrubber subject to the emissions limit in Sec.  63.102a(b)(1). 
Use Method 5 or 5B of appendix A-3 to part 60 for determining PM 
emissions and associated moisture content from a FCCU or FCU with a

[[Page 387]]

wet scrubber subject to the emissions limit in Sec.  63.102a(b)(1).
    (i) The PM performance test consists of 3 valid test runs; the 
duration of each test run must be no less than 60 minutes.
    (ii) The emissions rate of PM (EPM) is computed for each 
run using Equation 5 of this section:
[GRAPHIC] [TIFF OMITTED] TR12SE12.003

Where:

E = Emission rate of PM, g/kg (lb/1,000 lb) of coke burn-off;
cs = Concentration of total PM, grams per dry standard cubic 
          meter (g/dscm) (gr/dscf);
Qsd = Volumetric flow rate of effluent gas, dry standard 
          cubic meters per hour (dry standard cubic feet per hour);
Rc = Coke burn-off rate, kilograms per hour (kg/hr) [lb per 
          hour (lb/hr)] coke; and
K = Conversion factor, 1.0 grams per gram (7,000 grains per lb).

    (iii) The coke burn-off rate (Rc) is computed for each 
run using Equation 6 of this section:
[GRAPHIC] [TIFF OMITTED] TR12SE12.004

Where:

Rc = Coke burn-off rate, kg/hr (lb/hr);
Qr = Volumetric flow rate of exhaust gas from FCCU 
          regenerator or fluid coking burner before any emissions 
          control or energy recovery system that burns auxiliary fuel, 
          dry standard cubic meters per minute (dscm/min) [dry standard 
          cubic feet per minute (dscf/min)];
Qa = Volumetric flow rate of air to FCCU regenerator or fluid 
          coking burner, as determined from the unit's control room 
          instrumentation, dscm/min (dscf/min);
Qoxy = Volumetric flow rate of O2 enriched air to 
          FCCU regenerator or fluid coking unit, as determined from the 
          unit's control room instrumentation, dscm/min (dscf/min);
%CO2 = Carbon dioxide (CO2) concentration in FCCU 
          regenerator or fluid coking burner exhaust, percent by volume 
          (dry basis);
%CO = CO concentration in FCCU regenerator or fluid coking burner 
          exhaust, percent by volume (dry basis);
%O2 = O2 concentration in FCCU regenerator or 
          fluid coking burner exhaust, percent by volume (dry basis);
%Ooxy = O2 concentration in O2 enriched 
          air stream inlet to the FCCU regenerator or fluid coking 
          burner, percent by volume (dry basis);
K1 = Material balance and conversion factor, 0.2982 (kg-min)/
          (hr-dscm-%) [0.0186 (lb-min)/(hr-dscf-%)];
K2 = Material balance and conversion factor, 2.088 (kg-min)/
          (hr-dscm) [0.1303 (lb-min)/(hr-dscf)]; and
K3 = Material balance and conversion factor, 0.0994 (kg-min)/
          (hr-dscm-%) [0.00624 (lb-min)/(hr-dscf-%)].

    (iv) During the performance test, the volumetric flow rate of 
exhaust gas from catalyst regenerator (Qr) before any 
emission control or energy recovery system that burns auxiliary fuel is 
measured using Method 2 of appendix A-1 to part 60.
    (v) For subsequent calculations of coke burn-off rates or exhaust 
gas flow rates, the volumetric flow rate of Qr is calculated 
using average exhaust gas concentrations as measured by the monitors 
required in Sec.  60.105a(b)(2), if applicable, using Equation 7 of this 
section:

[[Page 388]]

[GRAPHIC] [TIFF OMITTED] TR12SE12.005

Where:

Qr = Volumetric flow rate of exhaust gas from FCCU 
          regenerator or fluid coking burner before any emission control 
          or energy recovery system that burns auxiliary fuel, dscm/min 
          (dscf/min);
Qa = Volumetric flow rate of air to FCCU regenerator or fluid 
          coking burner, as determined from the unit's control room 
          instrumentation, dscm/min (dscf/min);
Qoxy = Volumetric flow rate of O2 enriched air to 
          FCCU regenerator or fluid coking unit, as determined from the 
          unit's control room instrumentation, dscm/min (dscf/min);
%CO2 = Carbon dioxide concentration in FCCU regenerator or 
          fluid coking burner exhaust, percent by volume (dry basis);
%CO = CO concentration FCCU regenerator or fluid coking burner exhaust, 
          percent by volume (dry basis). When no auxiliary fuel is 
          burned and a continuous CO monitor is not required in 
          accordance with Sec.  60.105a(h)(3), assume %CO to be zero;
%O2 = O2 concentration in FCCU regenerator or 
          fluid coking burner exhaust, percent by volume (dry basis); 
          and
%Ooxy = O2 concentration in O2 enriched 
          air stream inlet to the FCCU regenerator or fluid coking 
          burner, percent by volume (dry basis).

    (5) Method 6, 6A, or 6C of appendix A-4 to part 60 for moisture 
content and for the concentration of SO2; the duration of 
each test run must be no less than 4 hours. The method ANSI/ASME PTC 
19.10-1981, ``Flue and Exhaust Gas Analyses,'' (incorporated by 
reference--see Sec.  60.17) is an acceptable alternative to EPA Method 6 
or 6A of appendix A-4 to part 60.
    (6) Method 7, 7A, 7C, 7D, or 7E of appendix A-4 to part 60 for 
moisture content and for the concentration of NOX calculated 
as nitrogen dioxide (NO2); the duration of each test run must 
be no less than 4 hours. The method ANSI/ASME PTC 19.10-1981, ``Flue and 
Exhaust Gas Analyses,'' (incorporated by reference--see Sec.  60.17) is 
an acceptable alternative to EPA Method 7 or 7C of appendix A-4 to part 
60.
    (7) Method 10, 10A, or 10B of appendix A-4 to part 60 for moisture 
content and for the concentration of CO. The sampling time for each run 
must be 60 minutes.
    (8) The owner or operator shall adjust PM, NOX, 
SO2 and CO pollutant concentrations to 0-percent excess air 
or 0-percent O2 using Equation 8 of this section:
[GRAPHIC] [TIFF OMITTED] TR12SE12.006

Where:

Cadj = pollutant concentration adjusted to 0-percent excess 
          air or O2, parts per million (ppm) or g/dscm;
Cmeas = pollutant concentration measured on a dry basis, ppm 
          or g/dscm;
20.9c = 20.9 percent O2-0.0 percent O2 
          (defined O2 correction basis), percent;
20.9 = O2 concentration in air, percent; and
%O2 = O2 concentration measured on a dry basis, 
          percent.

    (e) The owner or operator of a FCCU or FCU that is controlled by an 
electrostatic precipitator or wet scrubber and that is subject to 
control device operating parameter limits in Sec.  60.102a(c) shall 
establish the limits based on the performance test results according to 
the following procedures:
    (1) Reduce the parameter monitoring data to hourly averages for each 
test run;
    (2) Determine the hourly average operating limit for each required 
parameter as the average of the three test runs.
    (f) The owner or operator of an FCCU or FCU that uses cyclones to 
comply

[[Page 389]]

with the PM per coke burn-off emissions limit in Sec.  60.102a(b)(1) 
shall establish a site-specific opacity operating limit according to the 
procedures in paragraphs (f)(1) through (3) of this section.
    (1) Collect COMS data every 10 seconds during the entire period of 
the PM performance test and reduce the data to 6-minute averages.
    (2) Determine and record the hourly average opacity from all the 6-
minute averages.
    (3) Compute the site-specific limit using Equation 9 of this 
section:
[GRAPHIC] [TIFF OMITTED] TR12SE12.007

Where:

Opacity limit = Maximum permissible 3-hour average opacity, percent, or 
          10 percent, whichever is greater;
Opacityst = Hourly average opacity measured during the source 
          test, percent; and
PMEmRst = PM emission rate measured during the source test, 
          lb/1,000 lb coke burn.

    (g) The owner or operator of a FCCU or FCU that is exempt from the 
requirement to install and operate a CO CEMS pursuant to Sec.  
60.105a(h)(3) and that is subject to control device operating parameter 
limits in Sec.  60.102a(c) shall establish the limits based on the 
performance test results using the procedures in paragraphs (g)(1) and 
(2) of this section.
    (1) Reduce the temperature and O2 concentrations from the 
parameter monitoring systems to hourly averages for each test run.
    (2) Determine the operating limit for temperature and O2 
concentrations as the average of the average temperature and 
O2 concentration for the three test runs.
    (h) The owner or operator shall determine compliance with the 
SO2 emissions limits for sulfur recovery plants in Sec.  
60.102a(f)(1)(i) and (f)(2)(i) and the reduced sulfur compounds and 
H2S emissions limits for sulfur recovery plants in Sec.  
60.102a(f)(1)(ii), (f)(1)(iii), (f)(2)(ii), and (f)(2)(iii) using the 
following methods and procedures:
    (1) Method 1 of appendix A-1 to part 60 for sample and velocity 
traverses.
    (2) Method 2 of appendix A-1 to part 60 for velocity and volumetric 
flow rate.
    (3) Method 3, 3A, or 3B of appendix A-2 to part 60 for gas analysis. 
The method ANSI/ASME PTC 19.10-1981, ``Flue and Exhaust Gas Analyses,'' 
(incorporated by reference--see Sec.  60.17) is an acceptable 
alternative to EPA Method 3B of appendix A-2 to part 60.
    (4) Method 6, 6A, or 6C of appendix A-4 to part 60 to determine the 
SO2 concentration. The method ANSI/ASME PTC 19.10-1981, 
``Flue and Exhaust Gas Analyses,'' (incorporated by reference--see Sec.  
60.17) is an acceptable alternative to EPA Method 6 or 6A of appendix A-
4 to part 60.
    (5) Method 15 or 15A of appendix A-5 to part 60 or Method 16 of 
appendix A-6 to part 60 to determine the reduced sulfur compounds and 
H2S concentrations. The method ANSI/ASME PTC 19.10-1981, 
``Flue and Exhaust Gas Analyses,'' (incorporated by reference--see Sec.  
60.17) is an acceptable alternative to EPA Method 15A of appendix A-5 to 
part 60.
    (i) Each run consists of 16 samples taken over a minimum of 3 hours.
    (ii) The owner or operator shall calculate the average 
H2S concentration after correcting for moisture and 
O2 as the arithmetic average of the H2S 
concentration for each sample during the run (ppmv, dry basis, corrected 
to 0 percent excess air).
    (iii) The owner or operator shall calculate the SO2 
equivalent for each run after correcting for moisture and O2 
as the arithmetic average of the SO2 equivalent of reduced 
sulfur compounds for each sample during the run (ppmv, dry basis, 
corrected to 0 percent excess air).
    (iv) The owner or operator shall use Equation 8 of this section to 
adjust pollutant concentrations to 0-percent O2 or 0- percent 
excess air.

[[Page 390]]

    (6) If oxygen or oxygen-enriched air is used in the Claus burner and 
either Equation 1 or 2 of this subpart is used to determine the 
applicable emissions limit, determine the average O2 
concentration of the air/oxygen mixture supplied to the Claus burner, in 
percent by volume (dry basis), for the performance test using all hourly 
average O2 concentrations determined during the test runs 
using the procedures in Sec.  60.106a(a)(5) or (6).
    (i) The owner or operator shall determine compliance with the 
SO2 and NOX emissions limits in Sec.  60.102a(g) 
for a fuel gas combustion device according to the following test methods 
and procedures:
    (1) Method 1 of appendix A-1 to part 60 for sample and velocity 
traverses;
    (2) Method 2 of appendix A-1 to part 60 for velocity and volumetric 
flow rate;
    (3) Method 3, 3A, or 3B of appendix A-2 to part 60 for gas analysis. 
The method ANSI/ASME PTC 19.10-1981, ``Flue and Exhaust Gas Analyses,'' 
(incorporated by reference--see Sec.  60.17) is an acceptable 
alternative to EPA Method 3B of appendix A-2 to part 60;
    (4) Method 6, 6A, or 6C of appendix A-4 to part 60 to determine the 
SO2 concentration. The method ANSI/ASME PTC 19.10-1981, 
``Flue and Exhaust Gas Analyses,'' (incorporated by reference--see Sec.  
60.17) is an acceptable alternative to EPA Method 6 or 6A of appendix A-
4 to part 60.
    (i) The performance test consists of 3 valid test runs; the duration 
of each test run must be no less than 1 hour.
    (ii) If a single fuel gas combustion device having a common source 
of fuel gas is monitored as allowed under Sec.  60.107a(a)(1)(v), only 
one performance test is required. That is, performance tests are not 
required when a new affected fuel gas combustion device is added to a 
common source of fuel gas that previously demonstrated compliance.
    (5) Method 7, 7A, 7C, 7D, or 7E of appendix A-4 to part 60 for 
moisture content and for the concentration of NOX calculated 
as NO2; the duration of each test run must be no less than 4 
hours. The method ANSI/ASME PTC 19.10-1981, ``Flue and Exhaust Gas 
Analyses,'' (incorporated by reference--see Sec.  60.17) is an 
acceptable alternative to EPA Method 7 or 7C of appendix A-4 to part 60.
    (6) For process heaters with a rated heat capacity between 40 and 
100 MMBtu/hr that elect to demonstrate continuous compliance with a 
maximum excess oxygen limit as provided in Sec.  60.107a(c)(6) or 
(d)(8), the owner or operator shall establish the O2 
operating limit or O2 operating curve based on the 
performance test results according to the requirements in paragraph 
(i)(6)(i) or (ii) of this section, respectively.
    (i) If a single O2 operating limit will be used:
    (A) Conduct the performance test following the methods provided in 
paragraphs (i)(1), (2), (3) and (5) of this section when the process 
heater is firing at no less than 70 percent of the rated heat capacity. 
For co-fired process heaters, conduct at least one of the test runs 
while the process heater is being supplied by both fuel gas and fuel oil 
and conduct at least one of the test runs while the process heater is 
being supplied solely by fuel gas.
    (B) Each test will consist of three test runs. Calculate the 
NOX concentration for the performance test as the average of 
the NOX concentrations from each of the three test runs. If 
the NOX concentration for the performance test is less than 
or equal to the numerical value of the applicable NOX 
emissions limit (regardless of averaging time), then the test is 
considered to be a valid test.
    (C) Determine the average O2 concentration for each test 
run of a valid test.
    (D) Calculate the O2 operating limit as the average 
O2 concentration of the three test runs from a valid test.
    (ii) If an O2 operating curve will be used:
    (A) Conduct a performance test following the methods provided in 
paragraphs (i)(1), (2), (3) and (5) of this section at a representative 
condition for each operating range for which different O2 
operating limits will be established. Different operating conditions may 
be defined as different firing rates (e.g., above 50 percent of rated 
heat capacity and at or below 50 percent of rated heat capacity) and/or, 
for co-fired process heaters, different fuel

[[Page 391]]

mixtures (e.g., primarily gas fired, primarily oil fired, and equally 
co-fired, i.e., approximately 50 percent of the input heating value is 
from fuel gas and approximately 50 percent of the input heating value is 
from fuel oil). Performance tests for different operating ranges may be 
conducted at different times.
    (B) Each test will consist of three test runs. Calculate the 
NOX concentration for the performance test as the average of 
the NOX concentrations from each of the three test runs. If 
the NOX concentration for the performance test is less than 
or equal to the numerical value of the applicable NOX 
emissions limit (regardless of averaging time), then the test is 
considered to be a valid test.
    (C) If an operating curve is developed for different firing rates, 
conduct at least one test when the process heater is firing at no less 
than 70 percent of the rated heat capacity and at least one test under 
turndown conditions (i.e., when the process heater is firing at 50 
percent or less of the rated heat capacity). If O2 operating 
limits are developed for co-fired process heaters based only on overall 
firing rates (and not by fuel mixtures), conduct at least one of the 
test runs for each test while the process heater is being supplied by 
both fuel gas and fuel oil and conduct at least one of the test runs 
while the process heater is being supplied solely by fuel gas.
    (D) Determine the average O2 concentration for each test 
run of a valid test.
    (E) Calculate the O2 operating limit for each operating 
range as the average O2 concentration of the three test runs 
from a valid test conducted at the representative conditions for that 
given operating range.
    (F) Identify the firing rates for which the different operating 
limits apply. If only two operating limits are established based on 
firing rates, the O2 operating limits established when the 
process heater is firing at no less than 70 percent of the rated heat 
capacity must apply when the process heater is firing above 50 percent 
of the rated heat capacity and the O2 operating limits 
established for turndown conditions must apply when the process heater 
is firing at 50 percent or less of the rated heat capacity.
    (G) Operating limits associated with each interval will be valid for 
2 years or until another operating limit is established for that 
interval based on a more recent performance test specific for that 
interval, whichever occurs first. Owners and operators must use the 
operating limits determined for a given interval based on the most 
recent performance test conducted for that interval.
    (7) The owner or operator of a process heater complying with a 
NOX limit in terms of lb/MMBtu as provided in Sec.  
60.102a(g)(2)(i)(B), (g)(2)(ii)(B), (g)(2)(iii)(B) or (g)(2)(iv)(B) or a 
process heater with a rated heat capacity between 40 and 100 MMBtu/hr 
that elects to demonstrate continuous compliance with a maximum excess 
O2 limit, as provided in Sec.  60.107a(c)(6) or (d)(8), shall 
determine heat input to the process heater in MMBtu/hr during each 
performance test run by measuring fuel gas flow rate, fuel oil flow rate 
(as applicable) and heating value content according to the methods 
provided in Sec.  60.107a(d)(5), (d)(6), and (d)(4) or (d)(7), 
respectively.
    (8) The owner or operator shall use Equation 8 of this section to 
adjust pollutant concentrations to 0-percent O2 or 0- percent 
excess air.
    (j) The owner or operator shall determine compliance with the 
applicable H2S emissions limit in Sec.  60.102a(g)(1) for a 
fuel gas combustion device or the concentration requirement in Sec.  
60.103a(h) for a flare according to the following test methods and 
procedures:
    (1)--(3) [Reserved]
    (4) EPA Method 11, 15 or 15A of appendix A-5 to part 60 or EPA 
Method 16 of appendix A-6 to part 60 for determining the H2S 
concentration for affected facilities using an H2S monitor as 
specified in Sec.  60.107a(a)(2). The method ANSI/ASME PTC 19.10-1981 
(incorporated by reference--see Sec.  60.17) is an acceptable 
alternative to EPA Method 15A of appendix A-5 to part 60. The owner or 
operator may demonstrate compliance based on the mixture used in the 
fuel gas combustion device or flare or for each individual fuel gas 
stream used in the fuel gas combustion device or flare.

[[Page 392]]

    (i) For Method 11 of appendix A-5 to part 60, the sampling time and 
sample volume must be at least 10 minutes and 0.010 dscm (0.35 dscf). 
Two samples of equal sampling times must be taken at about 1-hour 
intervals. The arithmetic average of these two samples constitutes a 
run. For most fuel gases, sampling times exceeding 20 minutes may result 
in depletion of the collection solution, although fuel gases containing 
low concentrations of H2S may necessitate sampling for longer 
periods of time.
    (ii) For Method 15 of appendix A-5 to part 60, at least three 
injects over a 1-hour period constitutes a run.
    (iii) For Method 15A of appendix A-5 to part 60, a 1-hour sample 
constitutes a run. The method ANSI/ASME PTC 19.10-1981, ``Flue and 
Exhaust Gas Analyses,'' (incorporated by reference--see Sec.  60.17) is 
an acceptable alternative to EPA Method 15A of appendix A-5 to part 60.
    (iv) If monitoring is conducted at a single point in a common source 
of fuel gas as allowed under Sec.  60.107a(a)(2)(iv), only one 
performance test is required. That is, performance tests are not 
required when a new affected fuel gas combustion device or flare is 
added to a common source of fuel gas that previously demonstrated 
compliance.

[73 FR 35867, June 24, 2008, as amended at 77 FR 56470, Sep. 12, 2012; 
80 FR 75231, Dec. 1, 2015]



Sec.  60.105a  Monitoring of emissions and operations for fluid catalytic
cracking units (FCCU) and fluid coking units (FCU).

    (a) FCCU and FCU subject to PM emissions limit. Each owner or 
operator subject to the provisions of this subpart shall monitor each 
FCCU and FCU subject to the PM emissions limit in Sec.  60.102a(b)(1) 
according to the requirements in paragraph (b), (c), (d), or (e) of this 
section.
    (b) Control device operating parameters. Each owner or operator of a 
FCCU or FCU subject to the PM per coke burn-off emissions limit in Sec.  
60.102a(b)(1) that uses a control device other than fabric filter or 
cyclone shall comply with the requirements in paragraphs (b)(1) and (2) 
of this section.
    (1) The owner or operator shall install, operate and maintain 
continuous parameter monitor systems (CPMS) to measure and record 
operating parameters for each control device according to the applicable 
requirements in paragraphs (b)(1)(i) through (v) of this section.
    (i) For units controlled using an electrostatic precipitator, the 
owner or operator shall use CPMS to measure and record the hourly 
average total power input and secondary current to the entire system.
    (ii) For units controlled using a wet scrubber, the owner or 
operator shall use CPMS to measure and record the hourly average 
pressure drop, liquid feed rate, and exhaust gas flow rate. As an 
alternative to a CPMS, the owner or operator must comply with the 
requirements in either paragraph (b)(1)(ii)(A) or (B) of this section.
    (A) As an alternative to pressure drop, the owner or operator of a 
jet ejector type wet scrubber or other type of wet scrubber equipped 
with atomizing spray nozzles must conduct a daily check of the air or 
water pressure to the spray nozzles and record the results of each 
check. Faulty (e.g., leaking or plugged) air or water lines must be 
repaired within 12 hours of identification of an abnormal pressure 
reading.
    (B) As an alternative to exhaust gas flow rate, the owner or 
operator shall comply with the approved alternative for monitoring 
exhaust gas flow rate in 40 CFR 63.1573(a) of the National Emission 
Standards for Hazardous Air Pollutants for Petroleum Refineries: 
Catalytic Cracking Units, Catalytic Reforming Units, and Sulfur Recovery 
Units.
    (iii) The owner or operator shall install, operate, and maintain 
each CPMS according to the manufacturer's specifications and 
requirements.
    (iv) The owner or operator shall determine and record the average 
coke burn-off rate and hours of operation for each FCCU or FCU using the 
procedures in Sec.  60.104a(d)(4)(iii).
    (v) If you use a control device other than an electrostatic 
precipitator, wet scrubber, fabric filter, or cyclone, you may request 
approval to monitor parameters other than those required in

[[Page 393]]

paragraph (b)(1) of this section by submitting an alternative monitoring 
plan to the Administrator. The request must include the information in 
paragraphs (b)(1)(v)(A) through (E) of this section.
    (A) A description of each affected facility and the parameter(s) to 
be monitored to determine whether the affected facility will 
continuously comply with the emission limitations and an explanation of 
the criteria used to select the parameter(s).
    (B) A description of the methods and procedures that will be used to 
demonstrate that the parameter(s) can be used to determine whether the 
affected facility will continuously comply with the emission limitations 
and the schedule for this demonstration. The owner or operator must 
certify that an operating limit will be established for the monitored 
parameter(s) that represents the conditions in existence when the 
control device is being properly operated and maintained to meet the 
emission limitation.
    (C) The frequency and content of the recordkeeping, recording, and 
reporting, if monitoring and recording are not continuous. The owner or 
operator also must include the rationale for the proposed monitoring, 
recording, and reporting requirements.
    (D) Supporting calculations.
    (E) Averaging time for the alternative operating parameter.
    (2) For use in determining the coke burn-off rate for an FCCU or 
FCU, the owner or operator shall install, operate, calibrate, and 
maintain an instrument for continuously monitoring the concentrations of 
CO2, O2 (dry basis), and if needed, CO in the 
exhaust gases prior to any control or energy recovery system that burns 
auxiliary fuels. A CO monitor is not required for determining coke burn-
off rate when no auxiliary fuel is burned and a continuous CO monitor is 
not required in accordance with paragraph (h)(3) of this section.
    (i) The owner or operator shall install, operate, and maintain each 
CO2 and O2 monitor according to Performance 
Specification 3 of appendix B to this part.
    (ii) The owner or operator shall conduct performance evaluations of 
each CO2 and O2 monitor according to the 
requirements in Sec.  60.13(c) and Performance Specification 3 of 
appendix B to this part. The owner or operator shall use Method 3, 3A or 
3B of appendix A-2 to this part for conducting the relative accuracy 
evaluations. The method ANSI/ASME PTC 19.10-1981, ``Flue and Exhaust Gas 
Analyses,'' (incorporated by reference--see Sec.  60.17) is an 
acceptable alternative to EPA Method 3B of appendix A-2 to part 60.
    (iii) If a CO monitor is required, the owner or operator shall 
install, operate, and maintain each CO monitor according to Performance 
Specification 4 or 4A of appendix B to this part. If this CO monitor 
also serves to demonstrate compliance with the CO emissions limit in 
Sec.  60.102a(b)(4), the span value for this instrument is 1,000 ppm; 
otherwise, the span value for this instrument should be set at 
approximately 2 times the typical CO concentration expected in the FCCU 
of FCU flue gas prior to any emission control or energy recovery system 
that burns auxiliary fuels.
    (iv) If a CO monitor is required, the owner or operator shall 
conduct performance evaluations of each CO monitor according to the 
requirements in Sec.  60.13(c) and Performance Specification 4 of 
appendix B to this part. The owner or operator shall use Method 10, 10A, 
or 10B of appendix A-3 to this part for conducting the relative accuracy 
evaluations.
    (v) The owner or operator shall comply with the quality assurance 
requirements of procedure 1 of appendix F to this part, including 
quarterly accuracy determinations for CO2 and CO monitors, 
annual accuracy determinations for O2 monitors, and daily 
calibration drift tests.
    (c) Bag leak detection systems. Each owner or operator shall 
install, operate, and maintain a bag leak detection system for each 
baghouse or similar fabric filter control device that is used to comply 
with the PM per coke burn-off emissions limit in Sec.  60.102a(b)(1) for 
an FCCU or FCU according to paragraph (c)(1) of this section; prepare 
and operate by a site-specific monitoring plan according to paragraph 
(c)(2) of this section; take action according to paragraph (c)(3) of 
this section; and

[[Page 394]]

record information according to paragraph (c)(4) of this section.
    (1) Each bag leak detection system must meet the specifications and 
requirements in paragraphs (c)(1)(i) through (viii) of this section.
    (i) The bag leak detection system must be certified by the 
manufacturer to be capable of detecting PM emissions at concentrations 
of 0.00044 grains per actual cubic foot or less.
    (ii) The bag leak detection system sensor must provide output of 
relative PM loadings. The owner or operator shall continuously record 
the output from the bag leak detection system using electronic or other 
means (e.g., using a strip chart recorder or a data logger).
    (iii) The bag leak detection system must be equipped with an alarm 
system that will sound when the system detects an increase in relative 
particulate loading over the alarm set point established according to 
paragraph (c)(1)(iv) of this section, and the alarm must be located such 
that it can be heard by the appropriate plant personnel.
    (iv) In the initial adjustment of the bag leak detection system, the 
owner or operator must establish, at a minimum, the baseline output by 
adjusting the sensitivity (range) and the averaging period of the 
device, the alarm set points, and the alarm delay time.
    (v) Following initial adjustment, the owner or operator shall not 
adjust the averaging period, alarm set point, or alarm delay time 
without approval from the Administrator or delegated authority except as 
provided in paragraph (c)(1)(vi) of this section.
    (vi) Once per quarter, the owner or operator may adjust the 
sensitivity of the bag leak detection system to account for seasonal 
effects, including temperature and humidity, according to the procedures 
identified in the site-specific monitoring plan required by paragraph 
(c)(2) of this section.
    (vii) The owner or operator shall install the bag leak detection 
sensor downstream of the baghouse and upstream of any wet scrubber.
    (viii) Where multiple detectors are required, the system's 
instrumentation and alarm may be shared among detectors.
    (2) The owner or operator shall develop and submit to the 
Administrator for approval a site-specific monitoring plan for each 
baghouse and bag leak detection system. The owner or operator shall 
operate and maintain each baghouse and bag leak detection system 
according to the site-specific monitoring plan at all times. Each 
monitoring plan must describe the items in paragraphs (c)(2)(i) through 
(vii) of this section.
    (i) Installation of the bag leak detection system;
    (ii) Initial and periodic adjustment of the bag leak detection 
system, including how the alarm set-point will be established;
    (iii) Operation of the bag leak detection system, including quality 
assurance procedures;
    (iv) How the bag leak detection system will be maintained, including 
a routine maintenance schedule and spare parts inventory list;
    (v) How the bag leak detection system output will be recorded and 
stored;
    (vi) Procedures as specified in paragraph (c)(3) of this section. In 
approving the site-specific monitoring plan, the Administrator or 
delegated authority may allow owners and operators more than 3 hours to 
alleviate a specific condition that causes an alarm if the owner or 
operator identifies in the monitoring plan this specific condition as 
one that could lead to an alarm, adequately explains why it is not 
feasible to alleviate this condition within 3 hours of the time the 
alarm occurs, and demonstrates that the requested time will ensure 
alleviation of this condition as expeditiously as practicable; and
    (vii) How the baghouse system will be operated and maintained, 
including monitoring of pressure drop across baghouse cells and 
frequency of visual inspections of the baghouse interior and baghouse 
components such as fans and dust removal and bag cleaning mechanisms.
    (3) For each bag leak detection system, the owner or operator shall 
initiate procedures to determine the cause of every alarm within 1 hour 
of the alarm. Except as provided in paragraph (c)(2)(vi) of this 
section, the owner or operator shall alleviate the

[[Page 395]]

cause of the alarm within 3 hours of the alarm by taking whatever 
action(s) are necessary. Actions may include, but are not limited to the 
following:
    (i) Inspecting the baghouse for air leaks, torn or broken bags or 
filter media, or any other condition that may cause an increase in 
particulate emissions;
    (ii) Sealing off defective bags or filter media;
    (iii) Replacing defective bags or filter media or otherwise 
repairing the control device;
    (iv) Sealing off a defective baghouse compartment;
    (v) Cleaning the bag leak detection system probe or otherwise 
repairing the bag leak detection system; or
    (vi) Shutting down the process producing the particulate emissions.
    (4) The owner or operator shall maintain records of the information 
specified in paragraphs (c)(4)(i) through (iii) of this section for each 
bag leak detection system.
    (i) Records of the bag leak detection system output;
    (ii) Records of bag leak detection system adjustments, including the 
date and time of the adjustment, the initial bag leak detection system 
settings, and the final bag leak detection system settings; and
    (iii) The date and time of all bag leak detection system alarms, the 
time that procedures to determine the cause of the alarm were initiated, 
the cause of the alarm, an explanation of the actions taken, the date 
and time the cause of the alarm was alleviated, and whether the alarm 
was alleviated within 3 hours of the alarm.
    (d) Continuous emissions monitoring systems (CEMS). An owner or 
operator subject to the PM concentration emission limit (in gr/dscf) in 
Sec.  60.102a(b)(1) for an FCCU or FCU shall install, operate, 
calibrate, and maintain an instrument for continuously monitoring and 
recording the concentration (0 percent excess air) of PM in the exhaust 
gases prior to release to the atmosphere. The monitor must include an 
O2 monitor for correcting the data for excess air.
    (1) The owner or operator shall install, operate, and maintain each 
PM monitor according to Performance Specification 11 of appendix B to 
part 60. The span value of this PM monitor is 0.08 gr/dscf PM.
    (2) The owner or operator shall conduct performance evaluations of 
each PM monitor according to the requirements in Sec.  60.13(c) and 
Performance Specification 11 of appendix B to part 60. The owner or 
operator shall use EPA Methods 5 or 5I of appendix A-3 to part 60 or 
Method 17 of appendix A-6 to part 60 for conducting the relative 
accuracy evaluations.
    (3) The owner or operator shall install, operate, and maintain each 
O2 monitor according to Performance Specification 3 of 
appendix B to part 60. The span value of this O2 monitor must 
be selected between 10 and 25 percent, inclusive.
    (4) The owner or operator shall conduct performance evaluations of 
each O2 monitor according to the requirements in Sec.  
60.13(c) and Performance Specification 3 of appendix B to part 60. 
Method 3, 3A, or 3B of appendix A-2 to part 60 shall be used for 
conducting the relative accuracy evaluations. The method ANSI/ASME PTC 
19.10-1981, ``Flue and Exhaust Gas Analyses,'' (incorporated by 
reference--see Sec.  60.17) is an acceptable alternative to EPA Method 
3B of appendix A-2 to part 60.
    (5) The owner or operator shall comply with the quality assurance 
requirements of Procedure 2 of appendix B to part 60 for each PM CEMS 
and Procedure 1 of appendix F to part 60 for each O2 monitor, 
including quarterly accuracy determinations for each PM monitor, annual 
accuracy determinations for each O2 monitor, and daily 
calibration drift tests.
    (e) Alternative monitoring option for FCCU and FCU--COMS. Each owner 
or operator of an FCCU or FCU that uses cyclones to comply with the PM 
emission limit in Sec.  60.102a(b)(1) shall monitor the opacity of 
emissions according to the requirements in paragraphs (e)(1) through (3) 
of this section.
    (1) The owner or operator shall install, operate, and maintain an 
instrument for continuously monitoring and recording the opacity of 
emissions from the FCCU or the FCU exhaust vent.
    (2) The owner or operator shall install, operate, and maintain each

[[Page 396]]

COMS according to Performance Specification 1 of appendix B to part 60. 
The instrument shall be spanned at 20 to 60 percent opacity.
    (3) The owner or operator shall conduct performance evaluations of 
each COMS according to Sec.  60.13(c) and Performance Specification 1 of 
appendix B to part 60.
    (f) FCCU and FCU subject to NOX limit. Each owner or operator 
subject to the NOX emissions limit in Sec.  60.102a(b)(2) for 
an FCCU or FCU shall install, operate, calibrate, and maintain an 
instrument for continuously monitoring and recording the concentration 
by volume (dry basis, 0 percent excess air) of NOX emissions 
into the atmosphere. The monitor must include an O2 monitor 
for correcting the data for excess air.
    (1) The owner or operator shall install, operate, and maintain each 
NOX monitor according to Performance Specification 2 of 
appendix B to part 60. The span value of this NOX monitor is 
200 ppmv NOX.
    (2) The owner or operator shall conduct performance evaluations of 
each NOX monitor according to the requirements in Sec.  
60.13(c) and Performance Specification 2 of appendix B to part 60. The 
owner or operator shall use Methods 7, 7A, 7C, 7D, or 7E of appendix A-4 
to part 60 for conducting the relative accuracy evaluations. The method 
ANSI/ASME PTC 19.10-1981, ``Flue and Exhaust Gas Analyses,'' 
(incorporated by reference--see Sec.  60.17) is an acceptable 
alternative to EPA Method 7 or 7C of appendix A-4 to part 60.
    (3) The owner or operator shall install, operate, and maintain each 
O2 monitor according to Performance Specification 3 of 
appendix B to part 60. The span value of this O2 monitor must 
be selected between 10 and 25 percent, inclusive.
    (4) The owner or operator shall conduct performance evaluations of 
each O2 monitor according to the requirements in Sec.  
60.13(c) and Performance Specification 3 of appendix B to part 60. 
Method 3, 3A, or 3B of appendix A-2 to part 60 shall be used for 
conducting the relative accuracy evaluations. The method ANSI/ASME PTC 
19.10-1981, ``Flue and Exhaust Gas Analyses,'' (incorporated by 
reference--see Sec.  60.17) is an acceptable alternative to EPA Method 
3B of appendix A-2 to part 60.
    (5) The owner or operator shall comply with the quality assurance 
requirements of Procedure 1 of appendix F to part 60 for each 
NOX and O2 monitor, including quarterly accuracy 
determinations for NOX monitors, annual accuracy 
determinations for O2 monitors, and daily calibration drift 
tests.
    (g) FCCU and FCU subject to SO2 limit. The owner or operator subject 
to the SO2 emissions limit in Sec.  60.102a(b)(3) for an FCCU 
or an FCU shall install, operate, calibrate, and maintain an instrument 
for continuously monitoring and recording the concentration by volume 
(dry basis, corrected to 0 percent excess air) of SO2 
emissions into the atmosphere. The monitor shall include an 
O2 monitor for correcting the data for excess air.
    (1) The owner or operator shall install, operate, and maintain each 
SO2 monitor according to Performance Specification 2 of 
appendix B to part 60. The span value of this SO2 monitor is 
200 ppmv SO2.
    (2) The owner or operator shall conduct performance evaluations of 
each SO2 monitor according to the requirements in Sec.  
60.13(c) and Performance Specification 2 of appendix B to part 60. The 
owner or operator shall use Methods 6, 6A, or 6C of appendix A-4 to part 
60 for conducting the relative accuracy evaluations. The method ANSI / 
ASME PTC 19.10-1981, ``Flue and Exhaust Gas Analyses,'' (incorporated by 
reference--see Sec.  60.17) is an acceptable alternative to EPA Method 6 
or 6A of appendix A-4 to part 60.
    (3) The owner or operator shall install, operate, and maintain each 
O2 monitor according to Performance Specification 3 of 
appendix B to part 60. The span value of this O2 monitor must 
be selected between 10 and 25 percent, inclusive.
    (4) The owner or operator shall conduct performance evaluations of 
each O2 monitor according to the requirements in Sec.  
60.13(c) and Performance Specification 3 of appendix B to part 60. 
Method 3, 3A, or 3B of appendix A-2 to part 60 shall be used for 
conducting the relative accuracy evaluations. The method ANSI/ASME PTC 
19.10-1981,

[[Page 397]]

``Flue and Exhaust Gas Analyses,'' (incorporated by reference--see Sec.  
60.17) is an acceptable alternative to EPA Method 3B of appendix A-2 to 
part 60.
    (5) The owner or operator shall comply with the quality assurance 
requirements in Procedure 1 of appendix F to part 60 for each 
SO2 and O2 monitor, including quarterly accuracy 
determinations for SO2 monitors, annual accuracy 
determinations for O2 monitors, and daily calibration drift 
tests.
    (h) FCCU and fluid coking units subject to CO emissions limit. 
Except as specified in paragraph (h)(3) of this section, the owner or 
operator shall install, operate, calibrate, and maintain an instrument 
for continuously monitoring and recording the concentration by volume 
(dry basis) of CO emissions into the atmosphere from each FCCU and FCU 
subject to the CO emissions limit in Sec.  60.102a(b)(4).
    (1) The owner or operator shall install, operate, and maintain each 
CO monitor according to Performance Specification 4 or 4A of appendix B 
to this part. The span value for this instrument is 1,000 ppmv CO.
    (2) The owner or operator shall conduct performance evaluations of 
each CO monitor according to the requirements in Sec.  60.13(c) and 
Performance Specification 4 or 4A of appendix B to part 60. The owner or 
operator shall use Methods 10, 10A, or 10B of appendix A-4 to part 60 
for conducting the relative accuracy evaluations.
    (3) A CO CEMS need not be installed if the owner or operator 
demonstrates that all hourly average CO emissions are and will remain 
less than 50 ppmv (dry basis) corrected to 0 percent excess air. The 
Administrator may revoke this exemption from monitoring upon a 
determination that CO emissions on an hourly average basis have exceeded 
50 ppmv (dry basis) corrected to 0 percent excess air, in which case a 
CO CEMS shall be installed within 180 days.
    (i) The demonstration shall consist of continuously monitoring CO 
emissions for 30 days using an instrument that meets the requirements of 
Performance Specification 4 or 4A of appendix B to this part. The span 
value shall be 100 ppmv CO instead of 1,000 ppmv, and the relative 
accuracy limit shall be 10 percent of the average CO emissions or 5 ppmv 
CO, whichever is greater. For instruments that are identical to Method 
10 of appendix A-4 to this part and employ the sample conditioning 
system of Method 10A of appendix A-4 to this part, the alternative 
relative accuracy test procedure in section 10.1 of Performance 
Specification 2 of appendix B to this part may be used in place of the 
relative accuracy test.
    (ii) The owner or operator must submit the following information to 
the Administrator:
    (A) The measurement data specified in paragraph (h)(3)(i) of this 
section along with all other operating data known to affect CO 
emissions; and
    (B) Descriptions of the CPMS for exhaust gas temperature and 
O2 monitor required in paragraph (h)(4) of this section and 
operating limits for those parameters to ensure combustion conditions 
remain similar to those that exist during the demonstration period.
    (iii) The effective date of the exemption from installation and 
operation of a CO CEMS is the date of submission of the information and 
data required in paragraph (h)(3)(ii) of this section.
    (4) The owner or operator of a FCCU or FCU that is exempted from the 
requirement to install and operate a CO CEMS in paragraph (h)(3) of this 
section shall install, operate, calibrate, and maintain CPMS to measure 
and record the operating parameters in paragraph (h)(4)(i) or (ii) of 
this section. The owner or operator shall install, operate, and maintain 
each CPMS according to the manufacturer's specifications.
    (i) For a FCCU or FCU with no post-combustion control device, the 
temperature and O2 concentration of the exhaust gas stream 
exiting the unit.
    (ii) For a FCCU or FCU with a post-combustion control device, the 
temperature and O2 concentration of the exhaust gas stream 
exiting the control device.
    (i) Excess emissions. For the purpose of reports required by Sec.  
60.7(c), periods of excess emissions for a FCCU or FCU subject to the 
emissions limitations in Sec.  60.102a(b) are defined as specified in

[[Page 398]]

paragraphs (i)(1) through (6) of this section. Note: Determine all 
averages, except for opacity, as the arithmetic average of the 
applicable 1-hour averages, e.g., determine the rolling 3-hour average 
as the arithmetic average of three contiguous 1-hour averages.
    (1) If a CPMS is used according to paragraph (b)(1) of this section, 
all 3-hour periods during which the average PM control device operating 
characteristics, as measured by the continuous monitoring systems under 
paragraph (b)(1), fall below the levels established during the 
performance test. If the alternative to pressure drop CPMS is used for 
the owner or operator of a jet ejector type wet scrubber or other type 
of wet scrubber equipped with atomizing spray nozzles, each day in which 
abnormal pressure readings are not corrected within 12 hours of 
identification.
    (2) If a bag leak detection system is used according to paragraph 
(c) of this section, each day in which the cause of an alarm is not 
alleviated within the time period specified in paragraph (c)(3) of this 
section.
    (3) If a PM CEMS is used according to Sec.  60.105a(d), all 7-day 
periods during which the average PM emission rate, as measured by the 
continuous PM monitoring system under Sec.  60.105a(d) exceeds 0.040 gr/
dscf corrected to 0 percent excess air for a modified or reconstructed 
FCCU, 0.020 gr/dscf corrected to 0 percent excess air for a newly 
constructed FCCU, or 0.040 gr/dscf for an affected fluid coking unit.
    (4) If a COMS is used according to Sec.  60.105a(e), all 3-hour 
periods during which the average opacity, as measured by the COMS under 
Sec.  60.105a(e), exceeds the site-specific limit established during the 
most recent performance test.
    (5) All rolling 7-day periods during which the average concentration 
of NOX as measured by the NOX CEMS under Sec.  
60.105a(f) exceeds 80 ppmv for an affected FCCU or FCU.
    (6) All rolling 7-day periods during which the average concentration 
of SO2 as measured by the SO2 CEMS under Sec.  
60.105a(g) exceeds 50 ppmv, and all rolling 365-day periods during which 
the average concentration of SO2 as measured by the 
SO2 CEMS exceeds 25 ppmv.
    (7) All 1-hour periods during which the average CO concentration as 
measured by the CO continuous monitoring system under paragraph (h) of 
this section exceeds 500 ppmv or, if applicable, all 1-hour periods 
during which the average temperature and O2 concentration as 
measured by the continuous monitoring systems under paragraph (h)(4) of 
this section fall below the operating limits established during the 
performance test.

[73 FR 35867, June 24, 2008, as amended at 77 FR 56473, Sep. 12, 2012; 
80 FR 75232, Dec. 1, 2015; 83 FR 60713, Nov. 26, 2018]



Sec.  60.106a  Monitoring of emissions and operations for sulfur 
recovery plants.

    (a) The owner or operator of a sulfur recovery plant that is subject 
to the emissions limits in Sec.  60.102a(f)(1) or Sec.  60.102a(f)(2) 
shall:
    (1) For sulfur recovery plants subject to the SO2 
emission limit in Sec.  60.102a(f)(1)(i) or Sec.  60.102a(f)(2)(i), the 
owner or operator shall install, operate, calibrate, and maintain an 
instrument for continuously monitoring and recording the concentration 
(dry basis, zero percent excess air) of any SO2 emissions 
into the atmosphere. The monitor shall include an oxygen monitor for 
correcting the data for excess air.
    (i) The span value for the SO2 monitor is two times the 
applicable SO2 emission limit at the highest O2 
concentration in the air/oxygen stream used in the Claus burner, if 
applicable.
    (ii) The owner or operator shall install, operate, and maintain each 
SO2 CEMS according to Performance Specification 2 of appendix 
B to part 60.
    (iii) The owner or operator shall conduct performance evaluations of 
each SO2 monitor according to the requirements in Sec.  
60.13(c) and Performance Specification 2 of appendix B to part 60. The 
owner or operator shall use Method 6 or 6C of appendix A-4 to part 60. 
The method ANSI/ASME PTC 19.10-1981, ``Flue and Exhaust Gas Analyses,'' 
(incorporated by reference--see Sec.  60.17) is an acceptable 
alternative to EPA Method 6.

[[Page 399]]

    (iv) The owner or operator shall install, operate, and maintain each 
O2 monitor according to Performance Specification 3 of 
appendix B to this part.
    (v) The span value for the O2 monitor must be selected 
between 10 and 25 percent, inclusive.
    (vi) The owner or operator shall conduct performance evaluations for 
the O2 monitor according to the requirements of Sec.  
60.13(c) and Performance Specification 3 of appendix B to this part. The 
owner or operator shall use Methods 3, 3A, or 3B of appendix A-2 to this 
part for conducting the relative accuracy evaluations. The method ANSI/
ASME PTC 19.10-1981 (incorporated by reference--see Sec.  60.17) is an 
acceptable alternative to EPA Method 3B of appendix A-2 to this part.
    (vii) The owner or operator shall comply with the applicable quality 
assurance procedures of appendix F to this part for each monitor, 
including annual accuracy determinations for each O2 monitor, 
and daily calibration drift determinations.
    (2) For sulfur recovery plants that are subject to the reduced 
sulfur compounds emission limit in Sec.  60.102a(f)(1)(ii) or 
(f)(2)(ii), the owner or operator shall install, operate, calibrate, and 
maintain an instrument for continuously monitoring and recording the 
concentration of reduced sulfur compounds and O2 emissions 
into the atmosphere. The reduced sulfur compounds emissions shall be 
calculated as SO2 (dry basis, zero percent excess air).
    (i) The span value for the reduced sulfur compounds monitor is two 
times the applicable reduced sulfur compounds emission limit as 
SO2 at the highest O2 concentration in the air/
oxygen stream used in the Claus burner, if applicable.
    (ii) The owner or operator shall install, operate, and maintain each 
reduced sulfur compounds CEMS according to Performance Specification 5 
of appendix B to this part.
    (iii) The owner or operator shall conduct performance evaluations of 
each reduced sulfur compounds monitor according to the requirements in 
Sec.  60.13(c) and Performance Specification 5 of appendix B to this 
part. The owner or operator shall use Methods 15 or 15A of appendix A-5 
to part 60 for conducting the relative accuracy evaluations. The method 
ANSI/ASME PTC 19.10-1981, ``Flue and Exhaust Gas Analyses,'' 
(incorporated by reference--see Sec.  60.17) is an acceptable 
alternative to EPA Method 15A of appendix A-5 to part 60.
    (iv) The owner or operator shall install, operate, and maintain each 
O2 monitor according to Performance Specification 3 of 
appendix B to part 60.
    (v) The span value for the O2 monitor must be selected 
between 10 and 25 percent, inclusive.
    (vi) The owner or operator shall conduct performance evaluations for 
the O2 monitor according to the requirements of Sec.  
60.13(c) and Performance Specification 3 of appendix B to part 60. The 
owner or operator shall use Methods 3, 3A, or 3B of appendix A-2 to part 
60 for conducting the relative accuracy evaluations. The method ANSI/
ASME PTC 19.10-1981, ``Flue and Exhaust Gas Analyses,'' (incorporated by 
reference--see Sec.  60.17) is an acceptable alternative to EPA Method 
3B of appendix A-2 to part 60.
    (vii) The owner or operator shall comply with the applicable quality 
assurance procedures of appendix F to part 60 for each monitor, 
including annual accuracy determinations for each O2 monitor, 
and daily calibration drift determinations.
    (3) In place of the reduced sulfur compounds monitor required in 
paragraph (a)(2) of this section, the owner or operator may install, 
calibrate, operate, and maintain an instrument using an air or 
O2 dilution and oxidation system to convert any reduced 
sulfur to SO2 for continuously monitoring and recording the 
concentration (dry basis, 0 percent excess air) of the total resultant 
SO2. The monitor must include an O2 monitor for 
correcting the data for excess O2.
    (i) The span value for this monitor is two times the applicable 
reduced sulfur compounds emission limit as SO2 at the highest 
O2 concentration in the air/oxygen stream used in the Claus 
burner, if applicable.
    (ii) The owner or operator shall conduct performance evaluations of 
each SO2 monitor according to the requirements in Sec.  
60.13(c) and Performance Specification 5 of appendix B to part 60.

[[Page 400]]

The owner or operator shall use Methods 15 or 15A of appendix A-5 to 
part 60 for conducting the relative accuracy evaluations. The method 
ANSI/ASME PTC 19.10-1981, ``Flue and Exhaust Gas Analyses,'' 
(incorporated by reference--see Sec.  60.17) is an acceptable 
alternative to EPA Method 15A of appendix A-5 to part 60.
    (iii) The owner or operator shall install, operate, and maintain 
each O2 monitor according to Performance Specification 3 of 
appendix B to part 60.
    (iv) The span value for the O2 monitor must be selected 
between 10 and 25 percent, inclusive.
    (v) The owner or operator shall conduct performance evaluations for 
the O2 monitor according to the requirements of Sec.  
60.13(c) and Performance Specification 3 of appendix B to part 60. The 
owner or operator shall use Methods 3, 3A, or 3B of appendix A-2 to part 
60 for conducting the relative accuracy evaluations. The method ANSI/
ASME PTC 19.10-1981, ``Flue and Exhaust Gas Analyses,'' (incorporated by 
reference--see Sec.  60.17) is an acceptable alternative to EPA Method 
3B of appendix A-2 to part 60.
    (vi) The owner or operator shall comply with the applicable quality 
assurance procedures of appendix F to part 60 for each monitor, 
including quarterly accuracy determinations for each SO2 
monitor, annual accuracy determinations for each O2 monitor, 
and daily calibration drift determinations.
    (4) For sulfur recovery plants that are subject to the 
H2S emission limit in Sec.  60.102a(f)(1)(iii) or 
(f)(2)(iii), the owner or operator shall install, operate, calibrate, 
and maintain an instrument for continuously monitoring and recording the 
concentration of H2S, and O2 emissions into the 
atmosphere. The H2S emissions shall be calculated as 
SO2 (dry basis, zero percent excess air).
    (i) The span value for this monitor is two times the applicable 
H2S emission limit.
    (ii) The owner or operator shall install, operate, and maintain each 
H2S CEMS according to Performance Specification 7 of appendix 
B to this part.
    (iii) The owner or operator shall conduct performance evaluations 
for each H2S monitor according to the requirements of Sec.  
60.13(c) and Performance Specification 7 of appendix B to this part. The 
owner or operator shall use Methods 11 or 15 of appendix A-5 to this 
part or Method 16 of appendix A-6 to this part for conducting the 
relative accuracy evaluations. The method ANSI/ASME PTC 19.10-1981 
(incorporated by reference--see Sec.  60.17) is an acceptable 
alternative to EPA Method 15A of appendix A-5 to this part.
    (iv) The owner or operator shall install, operate, and maintain each 
O2 monitor according to Performance Specification 3 of 
appendix B to this part.
    (v) The span value for the O2 monitor must be selected 
between 10 and 25 percent, inclusive.
    (vi) The owner or operator shall conduct performance evaluations for 
the O2 monitor according to the requirements of Sec.  
60.13(c) and Performance Specification 3 of appendix B to this part. The 
owner or operator shall use Methods 3, 3A, or 3B of appendix A-2 to this 
part for conducting the relative accuracy evaluations. The method ANSI/
ASME PTC 19.10-1981 (incorporated by reference--see Sec.  60.17) is an 
acceptable alternative to EPA Method 3B of appendix A-2 to this part.
    (vii) The owner or operator shall comply with the applicable quality 
assurance procedures of appendix F to this part for each monitor, 
including annual accuracy determinations for each O2 monitor, 
and daily calibration drift determinations.
    (5) For sulfur recovery plants that use oxygen or oxygen enriched 
air in the Claus burner and that elects to monitor O2 
concentration of the air/oxygen mixture supplied to the Claus burner, 
the owner or operator shall install, operate, calibrate, and maintain an 
instrument for continuously monitoring and recording the O2 
concentration of the air/oxygen mixture supplied to the Claus burner in 
order to determine the allowable emissions limit.
    (i) The owner or operator shall install, operate, and maintain each 
O2 monitor according to Performance Specification 3 of 
appendix B to this part.
    (ii) The span value for the O2 monitor shall be 100 
percent.
    (iii) The owner or operator shall conduct performance evaluations 
for the

[[Page 401]]

O2 monitor according to the requirements of Sec.  60.13(c) 
and Performance Specification 3 of appendix B to this part. The owner or 
operator shall use Methods 3, 3A, or 3B of appendix A-2 to this part for 
conducting the relative accuracy evaluations. The method ANSI/ASME PTC 
19.10-1981 (incorporated by reference--see Sec.  60.17) is an acceptable 
alternative to EPA Method 3B of appendix A-2 to this part.
    (iv) The owner or operator shall comply with the applicable quality 
assurance procedures of appendix F to this part for each monitor, 
including annual accuracy determinations for each O2 monitor, 
and daily calibration drift determinations.
    (v) The owner or operator shall use the hourly average O2 
concentration from this monitor for use in Equation 1 or 2 of Sec.  
60.102a(f), as applicable, for each hour and determine the allowable 
emission limit as the arithmetic average of 12 contiguous 1-hour 
averages (i.e., the rolling 12-hour average).
    (6) As an alternative to the O2 monitor required in 
paragraph (a)(5) of this section, the owner or operator may install, 
calibrate, operate, and maintain a CPMS to measure and record the 
volumetric gas flow rate of ambient air and oxygen-enriched gas supplied 
to the Claus burner and calculate the hourly average O2 
concentration of the air/oxygen mixture used in the Claus burner as 
specified in paragraphs (a)(6)(i) through (iv) of this section in order 
to determine the allowable emissions limit as specified in paragraphs 
(a)(6)(v) of this section.
    (i) The owner or operator shall install, calibrate, operate and 
maintain each flow monitor according to the manufacturer's procedures 
and specifications and the following requirements.
    (A) Locate the monitor in a position that provides a representative 
measurement of the total gas flow rate.
    (B) Use a flow sensor meeting an accuracy requirement of 5 percent over the normal range of flow measured or 10 
cubic feet per minute, whichever is greater.
    (C) Use a flow monitor that is maintainable online, is able to 
continuously correct for temperature, pressure and, for ambient air flow 
monitor, moisture content, and is able to record dry flow in standard 
conditions (as defined in Sec.  60.2) over one-minute averages.
    (D) At least quarterly, perform a visual inspection of all 
components of the monitor for physical and operational integrity and all 
electrical connections for oxidation and galvanic corrosion if the flow 
monitor is not equipped with a redundant flow sensor.
    (E) Recalibrate the flow monitor in accordance with the 
manufacturer's procedures and specifications biennially (every two 
years) or at the frequency specified by the manufacturer.
    (ii) The owner or operator shall use 20.9 percent as the oxygen 
content of the ambient air.
    (iii) The owner or operator shall use product specifications (e.g., 
as reported in material safety data sheets) for percent oxygen for 
purchased oxygen. For oxygen produced onsite, the percent oxygen shall 
be determined by periodic measurements or process knowledge.
    (iv) The owner or operator shall calculate the hourly average 
O2 concentration of the air/oxygen mixture used in the Claus 
burner using Equation 10 of this section:
[GRAPHIC] [TIFF OMITTED] TR01DE15.002


Where:

%O2 = O2 concentration of the air/oxygen mixture 
          used in the Claus burner, percent by volume (dry basis);
20.9 = O2 concentration in air, percent dry basis;
Qair = Volumetric flow rate of ambient air used in the Claus 
          burner, dscfm;
%O2,oxy = O2 concentration in the enriched oxygen 
          stream, percent dry basis; and
Qoxy = Volumetric flow rate of enriched oxygen stream used in 
          the Claus burner, dscfm.


[[Page 402]]


    (v) The owner or operator shall use the hourly average O2 
concentration determined using Equation 8 of Sec.  60.104a(d)(8) for use 
in Equation 1 or 2 of Sec.  60.102a(f), as applicable, for each hour and 
determine the allowable emission limit as the arithmetic average of 12 
contiguous 1-hour averages (i.e., the rolling 12-hour average).
    (7) Owners or operators of a sulfur recovery plant that elects to 
comply with the SO2 emission limit in Sec.  60.102a(f)(1)(i) 
or (f)(2)(i) or the reduced sulfur compounds emission limit in Sec.  
60.102a(f)(1)(ii) or (f)(2)(ii) as a flow rate weighted average for a 
group of release points from the sulfur recovery plant rather than for 
each process train or release point individually shall install, 
calibrate, operate, and maintain a CPMS to measure and record the 
volumetric gas flow rate of each release point within the group of 
release points from the sulfur recovery plant as specified in paragraphs 
(a)(7)(i) through (iv) of this section.
    (i) The owner or operator shall install, calibrate, operate and 
maintain each flow monitor according to the manufacturer's procedures 
and specifications and the following requirements.
    (A) Locate the monitor in a position that provides a representative 
measurement of the total gas flow rate.
    (B) Use a flow sensor meeting an accuracy requirement of 5 percent over the normal range of flow measured or 10 
cubic feet per minute, whichever is greater.
    (C) Use a flow monitor that is maintainable online, is able to 
continuously correct for temperature, pressure, and moisture content, 
and is able to record dry flow in standard conditions (as defined in 
Sec.  60.2) over one-minute averages.
    (D) At least quarterly, perform a visual inspection of all 
components of the monitor for physical and operational integrity and all 
electrical connections for oxidation and galvanic corrosion if the flow 
monitor is not equipped with a redundant flow sensor.
    (E) Recalibrate the flow monitor in accordance with the 
manufacturer's procedures and specifications biennially (every two 
years) or at the frequency specified by the manufacturer.
    (ii) The owner or operator shall correct the flow to 0 percent 
excess air using Equation 11 of this section:
[GRAPHIC] [TIFF OMITTED] TR01DE15.003


Where:

Qadj = Volumetric flow rate adjusted to 0 percent excess air, 
          dry standard cubic feet per minute (dscfm);
Cmeas = Volumetric flow rate measured by the flow meter 
          corrected to dry standard conditions, dscfm;
20.9c = 20.9 percent O2-0.0 percent O2 
          (defined O2 correction basis), percent;
20.9 = O2 concentration in air, percent; and
%O2 = O2 concentration measured on a dry basis, 
          percent.

    (iii) The owner or operator shall calculate the flow weighted 
average SO2 or reduced sulfur compounds concentration for 
each hour using Equation 12 of this section:
[GRAPHIC] [TIFF OMITTED] TR01DE15.004



[[Page 403]]


Where:

Cave = Flow weighted average concentration of the pollutant, 
          ppmv (dry basis, zero percent excess air). The pollutant is 
          either SO2 (if complying with the SO2 
          emission limit in Sec.  60.102a(f)(1)(i) or (f)(2)(i)) or 
          reduced sulfur compounds (if complying with the reduced sulfur 
          compounds emission limit in Sec.  60.102a(f)(1)(ii) or 
          (f)(2)(ii));
N = Number of release points within the group of release points from the 
          sulfur recovery plant for which emissions averaging is 
          elected;
Cn = Pollutant concentration in the n\th\ release point 
          within the group of release points from the sulfur recovery 
          plant for which emissions averaging is elected, ppmv (dry 
          basis, zero percent excess air);
Qadj,n = Volumetric flow rate of the n\th\ release point 
          within the group of release points from the sulfur recovery 
          plant for which emissions averaging is elected, dry standard 
          cubic feet per minute (dscfm, adjusted to 0 percent excess 
          air).

    (iv) For sulfur recovery plants that use oxygen or oxygen enriched 
air in the Claus burner, the owner or operator shall use Equation 10 of 
this section and the hourly emission limits determined in paragraph 
(a)(5)(v) or (a)(6)(v) of this section in-place of the pollutant 
concentration to determine the flow weighted average hourly emission 
limit for each hour. The allowable emission limit shall be calculated as 
the arithmetic average of 12 contiguous 1-hour averages (i.e., the 
rolling 12-hour average).
    (b) Excess emissions. For the purpose of reports required by Sec.  
60.7(c), periods of excess emissions for sulfur recovery plants subject 
to the emissions limitations in Sec.  60.102a(f) are defined as 
specified in paragraphs (b)(1) through (3) of this section.

    Note: Determine all averages as the arithmetic average of the 
applicable 1-hour averages, e.g., determine the rolling 12-hour average 
as the arithmetic average of 12 contiguous 1-hour averages.

    (1) All 12-hour periods during which the average concentration of 
SO2 as measured by the SO2 continuous monitoring 
system required under paragraph (a)(1) of this section exceeds the 
applicable emission limit (dry basis, zero percent excess air); or
    (2) All 12-hour periods during which the average concentration of 
reduced sulfur compounds (as SO2) as measured by the reduced 
sulfur compounds continuous monitoring system required under paragraph 
(a)(2) or (3) of this section exceeds the applicable emission limit; or
    (3) All 12-hour periods during which the average concentration of 
H2S as measured by the H2S continuous monitoring 
system required under paragraph (a)(4) of this section exceeds the 
applicable emission limit (dry basis, 0 percent excess air).

[73 FR 35867, June 24, 2008, as amended at 80 FR 75232, Dec. 1, 2015; 83 
FR 60713, Nov. 26, 2018]



Sec.  60.107a  Monitoring of emissions and operations for fuel gas combustion
devices and flares.

    (a) Fuel gas combustion devices subject to SO2 or 
H2S limit and flares subject to H2S concentration 
requirements. The owner or operator of a fuel gas combustion device that 
is subject to Sec.  60.102a(g)(1) and elects to comply with the 
SO2 emission limits in Sec.  60.102a(g)(1)(i) shall comply 
with the requirements in paragraph (a)(1) of this section. The owner or 
operator of a fuel gas combustion device that is subject to Sec.  
60.102a(g)(1) and elects to comply with the H2S concentration 
limits in Sec.  60.102a(g)(1)(ii) or a flare that is subject to the 
H2S concentration requirement in Sec.  60.103a(h) shall 
comply with paragraph (a)(2) of this section.
    (1) The owner or operator of a fuel gas combustion device that 
elects to comply with the SO2 emissions limits in Sec.  
60.102a(g)(1)(i) shall install, operate, calibrate and maintain an 
instrument for continuously monitoring and recording the concentration 
(dry basis, 0-percent excess air) of SO2 emissions into the 
atmosphere. The monitor must include an O2 monitor for 
correcting the data for excess air.
    (i) The owner or operator shall install, operate, and maintain each 
SO2 monitor according to Performance Specification 2 of 
appendix B to this part. The span value for the SO2 monitor 
is 50 ppmv SO2.
    (ii) The owner or operator shall conduct performance evaluations for 
the SO2 monitor according to the requirements of Sec.  
60.13(c) and Performance Specification 2 of appendix B to this part. The 
owner or operator shall use

[[Page 404]]

Methods 6, 6A, or 6C of appendix A-4 to this part for conducting the 
relative accuracy evaluations. The method ANSI/ASME PTC 19.10-1981 
(incorporated by reference--see Sec.  60.17) is an acceptable 
alternative to EPA Method 6 or 6A of appendix A-4 to this part. Samples 
taken by Method 6 of appendix A-4 to this part shall be taken at a flow 
rate of approximately 2 liters/min for at least 30 minutes. The relative 
accuracy limit shall be 20 percent or 4 ppmv, whichever is greater, and 
the calibration drift limit shall be 5 percent of the established span 
value.
    (iii) The owner or operator shall install, operate, and maintain 
each O2 monitor according to Performance Specification 3 of 
appendix B to part 60. The span value for the O2 monitor must 
be selected between 10 and 25 percent, inclusive.
    (iv) The owner or operator shall conduct performance evaluations for 
the O2 monitor according to the requirements of Sec.  
60.13(c) and Performance Specification 3 of appendix B to part 60. The 
owner or operator shall use Methods 3, 3A, or 3B of appendix A-2 to part 
60 for conducting the relative accuracy evaluations. The method ANSI/
ASME PTC 19.10-1981, ``Flue and Exhaust Gas Analyses,'' (incorporated by 
reference--see Sec.  60.17) is an acceptable alternative to EPA Method 
3B of appendix A-2 to part 60.
    (v) The owner or operator shall comply with the applicable quality 
assurance procedures in appendix F to part 60, including quarterly 
accuracy determinations for SO2 monitors, annual accuracy 
determinations for O2 monitors, and daily calibration drift 
tests.
    (vi) Fuel gas combustion devices having a common source of fuel gas 
may be monitored at only one location (i.e., after one of the combustion 
devices), if monitoring at this location accurately represents the 
SO2 emissions into the atmosphere from each of the combustion 
devices.
    (2) The owner or operator of a fuel gas combustion device that 
elects to comply with the H2S concentration limits in Sec.  
60.102a(g)(1)(ii) or a flare that is subject to the H2S 
concentration requirement in Sec.  60.103a(h) shall install, operate, 
calibrate and maintain an instrument for continuously monitoring and 
recording the concentration by volume (dry basis) of H2S in 
the fuel gases before being burned in any fuel gas combustion device or 
flare.
    (i) The owner or operator shall install, operate and maintain each 
H2S monitor according to Performance Specification 7 of 
appendix B to part 60. The span value for this instrument is 300 ppmv 
H2S.
    (ii) The owner or operator shall conduct performance evaluations for 
each H2S monitor according to the requirements of Sec.  
60.13(c) and Performance Specification 7 of appendix B to part 60. The 
owner or operator shall use Method 11, 15, or 15A of appendix A-5 to 
part 60 or Method 16 of appendix A-6 to part 60 for conducting the 
relative accuracy evaluations. The method ANSI/ASME PTC 19.10-1981, 
``Flue and Exhaust Gas Analyses,'' (incorporated by reference--see Sec.  
60.17) is an acceptable alternative to EPA Method 15A of appendix A-5 to 
part 60.
    (iii) The owner or operator shall comply with the applicable quality 
assurance procedures in appendix F to part 60 for each H2S 
monitor.
    (iv) Fuel gas combustion devices or flares having a common source of 
fuel gas may be monitored at only one location, if monitoring at this 
location accurately represents the concentration of H2S in 
the fuel gas being burned in the respective fuel gas combustion devices 
or flares.
    (v) The owner or operator of a flare subject to Sec.  60.103a(c) 
through (e) may use the instrument required in paragraph (e)(1) of this 
section to demonstrate compliance with the H2S concentration 
requirement in Sec.  60.103a(h) if the owner or operator complies with 
the requirements of paragraph (e)(1)(i) through (iv) and if the 
instrument has a span (or dual span, if necessary) capable of accurately 
measuring concentrations between 20 and 300 ppmv. If the instrument 
required in paragraph (e)(1) of this section is used to demonstrate 
compliance with the H2S concentration requirement, the 
concentration directly measured by the instrument must meet the numeric 
concentration in Sec.  60.103a(h).
    (vi) The owner or operator of modified flare that meets all three 
criteria in paragraphs (a)(2)(vi)(A) through (C)

[[Page 405]]

of this section shall comply with the requirements of paragraphs 
(a)(2)(i) through (v) of this section no later than November 11, 2015. 
The owner or operator shall comply with the approved alternative 
monitoring plan or plans pursuant to Sec.  60.13(i) until the flare is 
in compliance with requirements of paragraphs (a)(2)(i) through (v) of 
this section.
    (A) The flare was an affected facility subject to subpart J of this 
part prior to becoming an affected facility under Sec.  60.100a.
    (B) The owner or operator had an approved alternative monitoring 
plan or plans pursuant to Sec.  60.13(i) for all fuel gases combusted in 
the flare.
    (C) The flare did not have in place on or before September 12, 2012 
an instrument for continuously monitoring and recording the 
concentration by volume (dry basis) of H2S in the fuel gases 
that is capable of complying with the requirements of paragraphs 
(a)(2)(i) through (v) of this section.
    (3) The owner or operator of a fuel gas combustion device or flare 
is not required to comply with paragraph (a)(1) or (2) of this section 
for fuel gas streams that are exempt under Sec. Sec.  60.102a(g)(1)(iii) 
or 60.103a(h) or, for fuel gas streams combusted in a process heater, 
other fuel gas combustion device or flare that are inherently low in 
sulfur content. Fuel gas streams meeting one of the requirements in 
paragraphs (a)(3)(i) through (iv) of this section will be considered 
inherently low in sulfur content.
    (i) Pilot gas for heaters and flares.
    (ii) Fuel gas streams that meet a commercial-grade product 
specification for sulfur content of 30 ppmv or less. In the case of a 
liquefied petroleum gas (LPG) product specification in the pressurized 
liquid state, the gas phase sulfur content should be evaluated assuming 
complete vaporization of the LPG and sulfur containing-compounds at the 
product specification concentration.
    (iii) Fuel gas streams produced in process units that are intolerant 
to sulfur contamination, such as fuel gas streams produced in the 
hydrogen plant, catalytic reforming unit, isomerization unit, and HF 
alkylation process units.
    (iv) Other fuel gas streams that an owner or operator demonstrates 
are low-sulfur according to the procedures in paragraph (b) of this 
section.
    (4) If the composition of an exempt fuel gas stream changes, the 
owner or operator must follow the procedures in paragraph (b)(3) of this 
section.
    (b) Exemption from H2S monitoring requirements for low-
sulfur fuel gas streams. The owner or operator of a fuel gas combustion 
device or flare may apply for an exemption from the H2S 
monitoring requirements in paragraph (a)(2) of this section for a fuel 
gas stream that is inherently low in sulfur content. A fuel gas stream 
that is demonstrated to be low-sulfur is exempt from the monitoring 
requirements of paragraphs (a)(1) and (2) of this section until there 
are changes in operating conditions or stream composition.
    (1) The owner or operator shall submit to the Administrator a 
written application for an exemption from monitoring. The application 
must contain the following information:
    (i) A description of the fuel gas stream/system to be considered, 
including submission of a portion of the appropriate piping diagrams 
indicating the boundaries of the fuel gas stream/system and the affected 
fuel gas combustion device(s) or flare(s) to be considered;
    (ii) A statement that there are no crossover or entry points for 
sour gas (high H2S content) to be introduced into the fuel 
gas stream/system (this should be shown in the piping diagrams);
    (iii) An explanation of the conditions that ensure low amounts of 
sulfur in the fuel gas stream (i.e., control equipment or product 
specifications) at all times;
    (iv) The supporting test results from sampling the requested fuel 
gas stream/system demonstrating that the sulfur content is less than 5 
ppmv H2S. Sampling data must include, at minimum, 2 weeks of 
daily monitoring (14 grab samples) for frequently operated fuel gas 
streams/systems; for infrequently operated fuel gas streams/systems, 
seven grab samples must be collected unless other additional information 
would support reduced sampling. The owner or operator shall use detector

[[Page 406]]

tubes (``length-of-stain tube'' type measurement) following the ``Gas 
Processors Association Standard 2377-86 (incorporated by reference--see 
Sec.  60.17), using tubes with a maximum span between 10 and 40 ppmv 
inclusive when 1<=N<=10, where N = number of pump strokes, to test the 
applicant fuel gas stream for H2S; and
    (v) A description of how the 2 weeks (or seven samples for 
infrequently operated fuel gas streams/systems) of monitoring results 
compares to the typical range of H2S concentration (fuel 
quality) expected for the fuel gas stream/system going to the affected 
fuel gas combustion device or flare (e.g., the 2 weeks of daily detector 
tube results for a frequently operated loading rack included the entire 
range of products loaded out and, therefore, should be representative of 
typical operating conditions affecting H2S content in the 
fuel gas stream going to the loading rack flare).
    (2) The effective date of the exemption is the date of submission of 
the information required in paragraph (b)(1) of this section.
    (3) No further action is required unless refinery operating 
conditions change in such a way that affects the exempt fuel gas stream/
system (e.g., the stream composition changes). If such a change occurs, 
the owner or operator shall follow the procedures in paragraph 
(b)(3)(i), (b)(3)(ii), or (b)(3)(iii) of this section.
    (i) If the operation change results in a sulfur content that is 
still within the range of concentrations included in the original 
application, the owner or operator shall conduct an H2S test 
on a grab sample and record the results as proof that the concentration 
is still within the range.
    (ii) If the operation change results in a sulfur content that is 
outside the range of concentrations included in the original 
application, the owner or operator may submit new information following 
the procedures of paragraph (b)(1) of this section within 60 days (or 
within 30 days after the seventh grab sample is tested for infrequently 
operated process units).
    (iii) If the operation change results in a sulfur content that is 
outside the range of concentrations included in the original application 
and the owner or operator chooses not to submit new information to 
support an exemption, the owner or operator must begin H2S 
monitoring using daily stain sampling to demonstrate compliance using 
length-of-stain tubes with a maximum span between 200 and 400 ppmv 
inclusive when 1<=N<=5, where N = number of pump strokes. The owner or 
operator must begin monitoring according to the requirements in 
paragraphs (a)(1) or (a)(2) of this section as soon as practicable, but 
in no case later than 180 days after the operation change. During daily 
stain tube sampling, a daily sample exceeding 162 ppmv is an exceedance 
of the 3-hour H2S concentration limit. The owner or operator 
of a fuel gas combustion device must also determine a rolling 365-day 
average using the stain sampling results; an average H2S 
concentration of 5 ppmv must be used for days within the rolling 365-day 
period prior to the operation change.
    (c) Process heaters complying with the NOX concentration-
based limit. The owner or operator of a process heater subject to the 
NOX emissions limit in Sec.  60.102a(g)(2) and electing to 
comply with the applicable emissions limit in Sec.  60.102a(g)(2)(i)(A), 
(g)(2)(ii)(A), (g)(2)(iii)(A) or (g)(2)(iv)(A) shall install, operate, 
calibrate and maintain an instrument for continuously monitoring and 
recording the concentration (dry basis, 0-percent excess air) of 
NOX emissions into the atmosphere according to the 
requirements in paragraphs (c)(1) through (5) of this section, except as 
provided in paragraph (c)(6) of this section. The monitor must include 
an O2 monitor for correcting the data for excess air.
    (1) Except as provided in paragraph (c)(6) of this section, the 
owner or operator shall install, operate and maintain each 
NOX monitor according to Performance Specification 2 of 
appendix B to part 60. The span value of this NOX monitor 
must be between 2 and 3 times the applicable emissions limit, inclusive.
    (2) The owner or operator shall conduct performance evaluations of 
each NOX monitor according to the requirements in Sec.  
60.13(c) and Performance Specification 2 of appendix B to part 60.

[[Page 407]]

The owner or operator shall use Methods 7, 7A, 7C, 7D, or 7E of appendix 
A-4 to part 60 for conducting the relative accuracy evaluations. The 
method ANSI/ASME PTC 19.10-1981, ``Flue and Exhaust Gas Analyses,'' 
(incorporated by reference--see Sec.  60.17) is an acceptable 
alternative to EPA Method 7 or 7C of appendix A-4 to part 60.
    (3) The owner or operator shall install, operate, and maintain each 
O2 monitor according to Performance Specification 3 of 
appendix B to part 60. The span value of this O2 monitor must 
be selected between 10 and 25 percent, inclusive.
    (4) The owner or operator shall conduct performance evaluations of 
each O2 monitor according to the requirements in Sec.  
60.13(c) and Performance Specification 3 of appendix B to part 60. 
Method 3, 3A, or 3B of appendix A-2 to part 60 shall be used for 
conducting the relative accuracy evaluations. The method ANSI/ASME PTC 
19.10-1981, ``Flue and Exhaust Gas Analyses,'' (incorporated by 
reference--see Sec.  60.17) is an acceptable alternative to EPA Method 
3B of appendix A-2 to part 60.
    (5) The owner or operator shall comply with the quality assurance 
requirements in Procedure 1 of appendix F to part 60 for each 
NOX and O2 monitor, including quarterly accuracy 
determinations for NOX monitors, annual accuracy 
determinations for O2 monitors, and daily calibration drift 
tests.
    (6) The owner or operator of a process heater that has a rated 
heating capacity of less than 100 MMBtu and is equipped with combustion 
modification-based technology to reduce NOX emissions (i.e., 
low-NOX burners, ultra-low-NOX burners) may elect 
to comply with the monitoring requirements in paragraphs (c)(1) through 
(5) of this section or, alternatively, the owner or operator of such a 
process heater shall conduct biennial performance tests according to the 
requirements in Sec.  60.104a(i), establish a maximum excess 
O2 operating limit or operating curve according to the 
requirements in Sec.  60.104a(i)(6) and comply with the O2 
monitoring requirements in paragraphs (c)(3) through (5) of this section 
to demonstrate compliance. If an O2 operating curve is used 
(i.e., if different O2 operating limits are established for 
different operating ranges), the owner or operator of the process heater 
must also monitor fuel gas flow rate, fuel oil flow rate (as applicable) 
and heating value content according to the methods provided in 
paragraphs (d)(5), (d)(6), and (d)(4) or (d)(7) of this section, 
respectively.
    (d) Process heaters complying with the NOX heating value-
based or mass-based limit. The owner or operator of a process heater 
subject to the NOX emissions limit in Sec.  60.102a(g)(2) and 
electing to comply with the applicable emissions limit in Sec.  
60.102a(g)(2)(i)(B) or (g)(2)(ii)(B) shall install, operate, calibrate 
and maintain an instrument for continuously monitoring and recording the 
concentration (dry basis, 0-percent excess air) of NOX 
emissions into the atmosphere and shall determine the F factor of the 
fuel gas stream no less frequently than once per day according to the 
monitoring requirements in paragraphs (d)(1) through (4) of this 
section. The owner or operator of a co-fired process heater subject to 
the NOX emissions limit in Sec.  60.102a(g)(2) and electing 
to comply with the heating value-based limit in Sec.  
60.102a(g)(2)(iii)(B) or (g)(2)(iv)(B) shall install, operate, calibrate 
and maintain an instrument for continuously monitoring and recording the 
concentration (dry basis, 0-percent excess air) of NOX 
emissions into the atmosphere according to the monitoring requirements 
in paragraph (d)(1) of this section; install, operate, calibrate and 
maintain an instrument for continuously monitoring and recording the 
flow rate of the fuel gas and fuel oil fed to the process heater 
according to the monitoring requirements in paragraph (d)(5) and (6) of 
this section; for fuel gas streams, determine gas composition according 
to the requirements in paragraph (d)(4) of this section or the higher 
heating value according to the requirements in paragraph (d)(7) of this 
section; and for fuel oil streams, determine the heating value according 
to the monitoring requirements in paragraph (d)(7) of this section.
    (1) Except as provided in paragraph (d)(8) of this section, the 
owner or operator shall install, operate and maintain each 
NOX monitor according to the requirements in paragraphs 
(c)(1)

[[Page 408]]

through (5) of this section. The monitor must include an O2 
monitor for correcting the data for excess air.
    (2) Except as provided in paragraph (d)(3) of this section, the 
owner or operator shall sample and analyze each fuel stream fed to the 
process heater using the methods and equations in section 12.3.2 of EPA 
Method 19 of appendix A-7 to part 60 to determine the F factor on a dry 
basis. If a single fuel gas system provides fuel gas to several process 
heaters, the F factor may be determined at a single location in the fuel 
gas system provided it is representative of the fuel gas fed to the 
affected process heater(s).
    (3) As an alternative to the requirements in paragraph (d)(2) of 
this section, the owner or operator of a gas-fired process heater shall 
install, operate and maintain a gas composition analyzer and determine 
the average F factor of the fuel gas using the factors in Table 1 of 
this subpart and Equation 13 of this section. If a single fuel gas 
system provides fuel gas to several process heaters, the F factor may be 
determined at a single location in the fuel gas system provided it is 
representative of the fuel gas fed to the affected process heater(s).
[GRAPHIC] [TIFF OMITTED] TR01DE15.005


Where:

Fd = F factor on dry basis at 0% excess air, dscf/MMBtu.
    Xi = mole or volume fraction of each component in the 
fuel gas.
    MEVi = molar exhaust volume, dry standard cubic feet per 
mole (dscf/mol).
    MHCi = molar heat content, Btu per mole (Btu/mol).
    1,000,000 = unit conversion, Btu per MMBtu.

    (4) The owner or operator shall conduct performance evaluations of 
each compositional monitor according to the requirements in Performance 
Specification 9 of appendix B to part 60. Any of the following methods 
shall be used for conducting the relative accuracy evaluations:
    (i) EPA Method 18 of appendix A-6 to part 60;
    (ii) ASTM D1945-03 (Reapproved 2010)(incorporated by reference-see 
Sec.  60.17);
    (iii) ASTM D1946-90 (Reapproved 2006)(incorporated by reference-see 
Sec.  60.17);
    (iv) ASTM D6420-99 (Reapproved 2004)(incorporated by reference-see 
Sec.  60.17);
    (v) GPA 2261-00 (incorporated by reference-see Sec.  60.17); or
    (vi) ASTM UOP539-97 (incorporated by reference-see Sec.  60.17).
    (5) The owner or operator shall install, operate and maintain fuel 
gas flow monitors according to the manufacturer's recommendations. For 
volumetric flow meters, temperature and pressure monitors must be 
installed in conjunction with the flow meter or in a representative 
location to correct the measured flow to standard conditions (i.e., 68 
[deg]F and 1 atmosphere). For mass flow meters, use gas compositions 
determined according to paragraph (d)(4) of this section to determine 
the average molecular weight of the fuel gas and convert the mass flow 
to a volumetric flow at standard conditions (i.e., 68 [deg]F and 1 
atmosphere). The owner or operator shall conduct performance evaluations 
of each fuel gas flow monitor according to the requirements in Sec.  
60.13 and Performance Specification 6 of appendix B to part 60. Any of 
the following methods shall be used for conducting the relative accuracy 
evaluations:
    (i) EPA Method 2, 2A, 2B, 2C or 2D of appendix A-2 to part 60;
    (ii) ASME MFC-3M-2004 (incorporated by reference-see Sec.  60.17);
    (iii) ANSI/ASME MFC-4M-1986 (Reaffirmed 2008) (incorporated by 
reference-see Sec.  60.17);
    (iv) ASME MFC-6M-1998 (Reaffirmed 2005) (incorporated by reference-
see Sec.  60.17);

[[Page 409]]

    (v) ASME/ANSI MFC-7M-1987 (Reaffirmed 2006) (incorporated by 
reference-see Sec.  60.17);
    (vi) ASME MFC-11M-2006 (incorporated by reference-see Sec.  60.17);
    (vii) ASME MFC-14M-2003 (incorporated by reference-see Sec.  60.17);
    (viii) ASME MFC-18M-2001 (incorporated by reference-see Sec.  
60.17);
    (ix) AGA Report No. 3, Part 1 (incorporated by reference-see Sec.  
60.17);
    (x) AGA Report No. 3, Part 2 (incorporated by reference-see Sec.  
60.17);
    (xi) AGA Report No. 11 (incorporated by reference-see Sec.  60.17);
    (xii) AGA Report No. 7 (incorporated by reference-see Sec.  60.17); 
and
    (xiii) API Manual of Petroleum Measurement Standards, Chapter 22, 
Section 2 (incorporated by reference-see Sec.  60.17).
    (6) The owner or operator shall install, operate and maintain each 
fuel oil flow monitor according to the manufacturer's recommendations. 
The owner or operator shall conduct performance evaluations of each fuel 
oil flow monitor according to the requirements in Sec.  60.13 and 
Performance Specification 6 of appendix B to part 60. Any of the 
following methods shall be used for conducting the relative accuracy 
evaluations:
    (i) Any one of the methods listed in paragraph (d)(5) of this 
section that are applicable to fuel oil (i.e., ``fluids'');
    (ii) ANSI/ASME-MFC-5M-1985 (Reaffirmed 2006) (incorporated by 
reference-see Sec.  60.17);
    (iii) ASME/ANSI MFC-9M-1988 (Reaffirmed 2006) (incorporated by 
reference-see Sec.  60.17);
    (iv) ASME MFC-16-2007 (incorporated by reference-see Sec.  60.17);
    (v) ASME MFC-22-2007 (incorporated by reference-see Sec.  60.17); or
    (vi) ISO 8316 (incorporated by reference-see Sec.  60.17).
    (7) The owner or operator shall determine the higher heating value 
of each fuel fed to the process heater using any of the applicable 
methods included in paragraphs (d)(7)(i) through (ix) of this section. 
If a common fuel supply system provides fuel gas or fuel oil to several 
process heaters, the higher heating value of the fuel in each fuel 
supply system may be determined at a single location in the fuel supply 
system provided it is representative of the fuel fed to the affected 
process heater(s). The higher heating value of each fuel fed to the 
process heater must be determined no less frequently than once per day 
except as provided in paragraph (d)(7)(x) of this section.
    (i) ASTM D240-02 (Reapproved 2007) (incorporated by reference-see 
Sec.  60.17).
    (ii) ASTM D1826-94 (Reapproved 2003) (incorporated by reference-see 
Sec.  60.17).
    (iii) ASTM D1945-03 (Reapproved 2010) (incorporated by reference-see 
Sec.  60.17).
    (iv) ASTM D1946-90 (Reapproved 2006) (incorporated by reference-see 
Sec.  60.17).
    (v) ASTM D3588-98 (Reapproved 2003) (incorporated by reference-see 
Sec.  60.17).
    (vi) ASTM D4809-06 (incorporated by reference-see Sec.  60.17).
    (vii) ASTM D4891-89 (Reapproved 2006) (incorporated by reference-see 
Sec.  60.17).
    (viii) GPA 2172-09 (incorporated by reference-see Sec.  60.17).
    (ix) Any of the methods specified in section 2.2.7 of appendix D to 
part 75.
    (x) If the fuel oil supplied to the affected co-fired process heater 
originates from a single storage tank, the owner or operator may elect 
to use the storage tank sampling method in section 2.2.4.2 of appendix D 
to part 75 instead of daily sampling, except that the most recent value 
for heating content must be used.
    (8) The owner or operator of a process heater that has a rated 
heating capacity of less than 100 MMBtu and is equipped with combustion 
modification based technology to reduce NOX emissions (i.e., 
low-NOX burners or ultra-low NOX burners) may 
elect to comply with the monitoring requirements in paragraphs (d)(1) 
through (7) of this section or, alternatively, the owner or operator of 
such a process heater shall conduct biennial performance tests according 
to the requirements in Sec.  60.104a(i), establish a maximum excess 
O2 operating limit or operating curve according to the 
requirements in Sec.  60.104a(i)(6) and comply with the O2 
monitoring requirements in paragraphs (c)(3) through (5) of this section 
to demonstrate compliance. If an O2 operating curve is used 
(i.e., if different O2 operating limits are established for 
different operating ranges), the owner or operator of the process heater 
must

[[Page 410]]

also monitor fuel gas flow rate, fuel oil flow rate (as applicable) and 
heating value content according to the methods provided in paragraphs 
(d)(5), (d)(6), and (d)(4) or (d)(7) of this section, respectively.
    (e) Sulfur monitoring for assessing root cause analysis threshold 
for affected flares. Except as described in paragraphs (e)(4) and (h) of 
this section, the owner or operator of an affected flare subject to 
Sec.  60.103a(c) through (e) shall determine the total reduced sulfur 
concentration for each gas line directed to the affected flare in 
accordance with either paragraph (e)(1), (e)(2) or (e)(3) of this 
section. Different options may be elected for different gas lines. If a 
monitoring system is in place that is capable of complying with the 
requirements related to either paragraph (e)(1), (e)(2) or (e)(3) of 
this section, the owner or operator of a modified flare must comply with 
the requirements related to either paragraph (e)(1), (e)(2) or (e)(3) of 
this section upon startup of the modified flare. If a monitoring system 
is not in place that is capable of complying with the requirements 
related to either paragraph (e)(1), (e)(2) or (e)(3) of this section, 
the owner or operator of a modified flare must comply with the 
requirements related to either paragraph (e)(1), (e)(2) or (e)(3) of 
this section no later than November 11, 2015 or upon startup of the 
modified flare, whichever is later.
    (1) Total reduced sulfur monitoring requirements. The owner or 
operator shall install, operate, calibrate and maintain an instrument or 
instruments for continuously monitoring and recording the concentration 
of total reduced sulfur in gas discharged to the flare.
    (i) The owner or operator shall install, operate and maintain each 
total reduced sulfur monitor according to Performance Specification 5 of 
appendix B to part 60. The span value should be determined based on the 
maximum sulfur content of gas that can be discharged to the flare (e.g., 
roughly 1.1 to 1.3 times the maximum anticipated sulfur concentration), 
but may be no less than 5,000 ppmv. A single dual range monitor may be 
used to comply with the requirements of this paragraph and paragraph 
(a)(2) of this section provided the applicable span specifications are 
met.
    (ii) The owner or operator shall conduct performance evaluations of 
each total reduced sulfur monitor according to the requirements in Sec.  
60.13(c) and Performance Specification 5 of appendix B to this part. The 
owner or operator of each total reduced sulfur monitor shall use EPA 
Method 15A of appendix A-5 to this part for conducting the relative 
accuracy evaluations. The method ANSI/ASME PTC 19.10-1981 (incorporated 
by reference-see Sec.  60.17) is an acceptable alternative to EPA Method 
15A of appendix A-5 to this part. The alternative relative accuracy 
procedures described in section 16.0 of Performance Specification 2 of 
appendix B to this part (cylinder gas audits) may be used for conducting 
the relative accuracy evaluations, except that it is not necessary to 
include as much of the sampling probe or sampling line as practical.
    (iii) The owner or operator shall comply with the applicable quality 
assurance procedures in appendix F to part 60 for each total reduced 
sulfur monitor.
    (2) H2S monitoring requirements. The owner or operator shall 
install, operate, calibrate, and maintain an instrument or instruments 
for continuously monitoring and recording the concentration of 
H2S in gas discharged to the flare according to the 
requirements in paragraphs (e)(2)(i) through (iii) of this section and 
shall collect and analyze samples of the gas and calculate total sulfur 
concentrations as specified in paragraphs (e)(2)(iv) through (ix) of 
this section.
    (i) The owner or operator shall install, operate and maintain each 
H2S monitor according to Performance Specification 7 of 
appendix B to part 60. The span value should be determined based on the 
maximum sulfur content of gas that can be discharged to the flare (e.g., 
roughly 1.1 to 1.3 times the maximum anticipated sulfur concentration), 
but may be no less than 5,000 ppmv. A single dual range H2S 
monitor may be used to comply with the requirements of this paragraph 
and paragraph (a)(2) of this section provided the applicable span 
specifications are met.

[[Page 411]]

    (ii) The owner or operator shall conduct performance evaluations of 
each H2S monitor according to the requirements in Sec.  
60.13(c) and Performance Specification 7 of appendix B to this part. The 
owner or operator shall use EPA Method 11, 15 or 15A of appendix A-5 to 
this part for conducting the relative accuracy evaluations. The method 
ANSI/ASME PTC 19.10-1981 (incorporated by reference--see Sec.  60.17) is 
an acceptable alternative to EPA Method 15A of appendix A-5 to this 
part. The alternative relative accuracy procedures described in section 
16.0 of Performance Specification 2 of appendix B to this part (cylinder 
gas audits) may be used for conducting the relative accuracy 
evaluations, except that it is not necessary to include as much of the 
sampling probe or sampling line as practical.
    (iii) The owner or operator shall comply with the applicable quality 
assurance procedures in appendix F to part 60 for each H2S 
monitor.
    (iv) In the first 10 operating days after the date the flare must 
begin to comply with Sec.  60.103a(c)(1), the owner or operator shall 
collect representative daily samples of the gas discharged to the flare. 
The samples may be grab samples or integrated samples. The owner or 
operator shall take subsequent representative daily samples at least 
once per week or as required in paragraph (e)(2)(ix) of this section.
    (v) The owner or operator shall analyze each daily sample for total 
sulfur using either EPA Method 15A of appendix A-5 to part 60, EPA 
Method 16A of appendix A-6 to part 60, ASTM Method D4468-85 (Reapproved 
2006) (incorporated by reference--see Sec.  60.17) or ASTM Method D5504-
08 (incorporated by reference--see Sec.  60.17).
    (vi) The owner or operator shall develop a 10-day average total 
sulfur-to-H2S ratio and 95-percent confidence interval as 
follows:
    (A) Calculate the ratio of the total sulfur concentration to the 
H2S concentration for each day during which samples are 
collected.
    (B) Determine the 10-day average total sulfur-to-H2S 
ratio as the arithmetic average of the daily ratios calculated in 
paragraph (e)(2)(vi)(A) of this section.
    (C) Determine the acceptable range for subsequent weekly samples 
based on the 95-percent confidence interval for the distribution of 
daily ratios based on the 10 individual daily ratios using Equation 14 
of this section.
[GRAPHIC] [TIFF OMITTED] TR01DE15.006


Where:

    AR = Acceptable range of subsequent ratio determinations, unitless.
    RatioAvg = 10-day average total sulfur-to-H2S 
concentration ratio, unitless.
    2.262 = t-distribution statistic for 95-percent 2-sided confidence 
interval for 10 samples (9 degrees of freedom).
    SDev = Standard deviation of the 10 daily average total sulfur-to-
H2S concentration ratios used to develop the 10-day average 
total sulfur-to-H2S concentration ratio, unitless.

    (vii) For each day during the period when data are being collected 
to develop a 10-day average, the owner or operator shall estimate the 
total sulfur concentration using the measured total sulfur concentration 
measured for that day.
    (viii) For all days other than those during which data are being 
collected to develop a 10-day average, the owner or operator shall 
multiply the most recent 10-day average total sulfur-to-H2S 
ratio by the daily average H2S concentrations obtained using 
the monitor as required by paragraph (e)(2)(i) through (iii) of this 
section to estimate total sulfur concentrations.
    (ix) If the total sulfur-to-H2S ratio for a subsequent 
weekly sample is outside the acceptable range for the most recent 
distribution of daily ratios, the owner or operator shall develop a new 
10-day average ratio and acceptable range based on data for the outlying 
weekly sample plus data collected over the following 9 operating days.

[[Page 412]]

    (3) SO2 monitoring requirements. The owner or operator shall 
install, operate, calibrate, and maintain an instrument for continuously 
monitoring and recording the concentration of SO2 from a 
process heater or other fuel gas combustion device that is combusting 
gas representative of the fuel gas in the flare gas line according to 
the requirements in paragraph (a)(1) of this section, determine the F 
factor of the fuel gas at least daily according to the requirements in 
paragraphs (d)(2) through (4) of this section, determine the higher 
heating value of the fuel gas at least daily according to the 
requirements in paragraph (d)(7) of this section, and calculate the 
total sulfur content (as SO2) in the fuel gas using Equation 
15 of this section.
[GRAPHIC] [TIFF OMITTED] TR01DE15.007


Where:

    TSFG = Total sulfur concentration, as SO2, in 
the fuel gas, ppmv.
    CSO2 = Concentration of SO2 in the exhaust 
gas, ppmv (dry basis at 0-percent excess air).
    Fd = F factor gas on dry basis at 0-percent excess air, 
dscf/MMBtu.
    HHVFG = Higher heating value of the fuel gas, MMBtu/scf.

    (4) Exemptions from sulfur monitoring requirements. Flares 
identified in paragraphs (e)(4)(i) through (iv) of this section are 
exempt from the requirements in paragraphs (e)(1) through (3) of this 
section. For each such flare, except as provided in paragraph 
(e)(4)(iv), engineering calculations shall be used to calculate the 
SO2 emissions in the event of a discharge that may trigger a 
root cause analysis under Sec.  60.103a(c)(1).
    (i) Flares that can only receive:
    (A) Fuel gas streams that are inherently low in sulfur content as 
described in paragraph (a)(3)(i) through (iv) of this section; and/or
    (B) Fuel gas streams that are inherently low in sulfur content for 
which the owner or operator has applied for an exemption from the 
H2S monitoring requirements as described in paragraph (b) of 
this section.
    (ii) Emergency flares, provided that for each such flare, the owner 
or operator complies with the monitoring alternative in paragraph (g) of 
this section.
    (iii) Flares equipped with flare gas recovery systems designed, 
sized and operated to capture all flows except those resulting from 
startup, shutdown or malfunction, provided that for each such flare, the 
owner or operator complies with the monitoring alternative in paragraph 
(g) of this section.
    (iv) Secondary flares that receive gas diverted from the primary 
flare. In the event of a discharge from the secondary flare, the sulfur 
content measured by the sulfur monitor on the primary flare should be 
used to calculate SO2 emissions, regardless of whether or not 
the monitoring alternative in paragraph (g) of this section is selected 
for the secondary flare.
    (f) Flow monitoring for flares. Except as provided in paragraphs 
(f)(2) and (h) of this section, the owner or operator of an affected 
flare subject to Sec.  60.103a(c) through (e) shall install, operate, 
calibrate and maintain, in accordance with the specifications in 
paragraph (f)(1) of this section, a CPMS to measure and record the flow 
rate of gas discharged to the flare. If a flow monitor is not already in 
place, the owner or operator of a modified flare shall comply with the 
requirements of this paragraph by no later than November 11, 2015 or 
upon startup of the modified flare, whichever is later.
    (1) The owner or operator shall install, calibrate, operate and 
maintain each flow monitor according to the manufacturer's procedures 
and specifications and the following requirements.
    (i) Locate the monitor in a position that provides a representative 
measurement of the total gas flow rate.
    (ii) Use a flow sensor meeting an accuracy requirement of 20 percent of the flow rate at velocities ranging from 
0.1 to 1 feet per second and an accuracy of 5 
percent of the flow rate for velocities greater than 1 feet per second.

[[Page 413]]

    (iii) Use a flow monitor that is maintainable online, is able to 
continuously correct for temperature and pressure and is able to record 
flow in standard conditions (as defined in Sec.  60.2) over one-minute 
averages.
    (iv) At least quarterly, perform a visual inspection of all 
components of the monitor for physical and operational integrity and all 
electrical connections for oxidation and galvanic corrosion if the flow 
monitor is not equipped with a redundant flow sensor.
    (v) Recalibrate the flow monitor in accordance with the 
manufacturer's procedures and specifications biennially (every two 
years) or at the frequency specified by the manufacturer.
    (2) Emergency flares, secondary flares and flares equipped with 
flare gas recovery systems designed, sized and operated to capture all 
flows except those resulting from startup, shutdown or malfunction are 
not required to install continuous flow monitors; provided, however, 
that for any such flare, the owner or operator shall comply with the 
monitoring alternative in paragraph (g) of this section.
    (g) Alternative monitoring for certain flares equipped with water 
seals. The owner or operator of an affected flare subject to Sec.  
60.103a(c) through (e) that can be classified as either an emergency 
flare, a secondary flare or a flare equipped with a flare gas recovery 
system designed, sized and operated to capture all flows except those 
resulting from startup, shutdown or malfunction may, as an alternative 
to the sulfur and flow monitoring requirements of paragraphs (e) and (f) 
of this section, install, operate, calibrate and maintain, in accordance 
with the requirements in paragraphs (g)(1) through (7) of this section, 
a CPMS to measure and record the pressure in the flare gas header 
between the knock-out pot and water seal and to measure and record the 
water seal liquid level. If the required monitoring systems are not 
already in place, the owner or operator of a modified flare shall comply 
with the requirements of this paragraph by no later than November 11, 
2015 or upon startup of the modified flare, whichever is later.
    (1) Locate the pressure sensor(s) in a position that provides a 
representative measurement of the pressure and locate the liquid seal 
level monitor in a position that provides a representative measurement 
of the water column height.
    (2) Minimize or eliminate pulsating pressure, vibration and internal 
and external corrosion.
    (3) Use a pressure sensor and level monitor with a minimum tolerance 
of 1.27 centimeters of water.
    (4) Using a manometer, check pressure sensor calibration quarterly.
    (5) Conduct calibration checks any time the pressure sensor exceeds 
the manufacturer's specified maximum operating pressure range or install 
a new pressure sensor.
    (6) In a cascaded flare system that employs multiple secondary 
flares, pressure and liquid level monitoring is required only on the 
first secondary flare in the system (i.e., the secondary flare with the 
lowest pressure release set point).
    (7) This alternative monitoring option may be elected only for 
flares with four or fewer pressure exceedances required to be reported 
under Sec.  60.108a(d)(5) (``reportable pressure exceedances'') in any 
365 consecutive calendar days. Following the fifth reportable pressure 
exceedance in a 365-day period, the owner or operator must comply with 
the sulfur and flow monitoring requirements of paragraphs (e) and (f) of 
this section as soon as practical, but no later than 180 days after the 
fifth reportable pressure exceedance in a 365-day period.
    (h) Alternative monitoring for flares located in the BAAQMD or 
SCAQMD. An affected flare subject to this subpart located in the BAAQMD 
may elect to comply with the monitoring requirements in both BAAQMD 
Regulation 12, Rule 11 and BAAQMD Regulation 12, Rule 12 as an 
alternative to complying with the requirements of paragraphs (e) and (f) 
of this section. An affected flare subject to this subpart located in 
the SCAQMD may elect to comply with the monitoring requirements in 
SCAQMD Rule 1118 as an alternative to complying with the requirements of 
paragraphs (e) and (f) of this section.
    (i) Excess emissions. For the purpose of reports required by Sec.  
60.7(c), periods of

[[Page 414]]

excess emissions for fuel gas combustion devices subject to the 
emissions limitations in Sec.  60.102a(g) and flares subject to the 
concentration requirement in Sec.  60.103a(h) are defined as specified 
in paragraphs (i)(1) through (5) of this section. Determine a rolling 3-
hour or a rolling daily average as the arithmetic average of the 
applicable 1-hour averages (e.g., a rolling 3-hour average is the 
arithmetic average of three contiguous 1-hour averages). Determine a 
rolling 30-day or a rolling 365-day average as the arithmetic average of 
the applicable daily averages (e.g., a rolling 30-day average is the 
arithmetic average of 30 contiguous daily averages).
    (1) SO 2 or H2S limits for fuel gas combustion devices. (i) If the 
owner or operator of a fuel gas combustion device elects to comply with 
the SO2 emission limits in Sec.  60.102a(g)(1)(i), each 
rolling 3-hour period during which the average concentration of 
SO2 as measured by the SO2 continuous monitoring 
system required under paragraph (a)(1) of this section exceeds 20 ppmv, 
and each rolling 365-day period during which the average concentration 
of SO2 as measured by the SO2 continuous 
monitoring system required under paragraph (a)(1) of this section 
exceeds 8 ppmv.
    (ii) If the owner or operator of a fuel gas combustion device elects 
to comply with the H2S concentration limits in Sec.  
60.102a(g)(1)(ii), each rolling 3-hour period during which the average 
concentration of H2S as measured by the H2S 
continuous monitoring system required under paragraph (a)(2) of this 
section exceeds 162 ppmv and each rolling 365-day period during which 
the average concentration as measured by the H2S continuous 
monitoring system under paragraph (a)(2) of this section exceeds 60 
ppmv.
    (iii) If the owner or operator of a fuel gas combustion device 
becomes subject to the requirements of daily stain tube sampling in 
paragraph (b)(3)(iii) of this section, each day during which the daily 
concentration of H2S exceeds 162 ppmv and each rolling 365-
day period during which the average concentration of H2S 
exceeds 60 ppmv.
    (2) H2S concentration limits for flares. (i) Each rolling 
3-hour period during which the average concentration of H2S 
as measured by the H2S continuous monitoring system required 
under paragraph (a)(2) of this section exceeds 162 ppmv.
    (ii) If the owner or operator of a flare becomes subject to the 
requirements of daily stain tube sampling in paragraph (b)(3)(iii) of 
this section, each day during which the daily concentration of 
H2S exceeds 162 ppmv.
    (3) Rolling 30-day average NOX limits for fuel gas 
combustion devices. Each rolling 30-day period during which the average 
concentration of NOX as measured by the NOX 
continuous monitoring system required under paragraph (c) or (d) of this 
section exceeds:
    (i) For a natural draft process heater, 40 ppmv and, if monitored 
according to Sec.  60.107a(d), 0.040 lb/MMBtu;
    (ii) For a forced draft process heater, 60 ppmv and, if monitored 
according to Sec.  60.107a(d), 0.060 lb/MMBtu; and
    (iii) For a co-fired process heater electing to comply with the 
NOX limit in Sec.  60.102a(g)(2)(iii)(A) or (g)(2)(iv)(A), 
150 ppmv.
    (iv) The site-specific limit determined by the Administrator under 
Sec.  60.102a(i).
    (4) Daily NOX limits for fuel gas combustion devices. 
Each day during which the concentration of NOX as measured by 
the NOX continuous monitoring system required under paragraph 
(d) of this section exceeds the daily average emissions limit calculated 
using Equation 3 in Sec.  60.102a(g)(2)(iii)(B) or Equation 4 in Sec.  
60.102a(g)(2)(iv)(B).
    (5) Daily O2 limits for fuel gas combustion devices. Each day during 
which the concentration of O2 as measured by the 
O2 continuous monitoring system required under paragraph 
(c)(6) or (d)(8) of this section exceeds the O2 operating 
limit or operating curve determined during the most recent biennial 
performance test.

[73 FR 35867, June 24, 2008, as amended at 77 FR 56473, Sep. 12, 2012; 
80 FR 75235, Dec. 1, 2015]



Sec.  60.108a  Recordkeeping and reporting requirements.

    (a) Each owner or operator subject to the emissions limitations in 
Sec.  60.102a shall comply with the notification, recordkeeping, and 
reporting requirements in Sec.  60.7 and other requirements as specified 
in this section.

[[Page 415]]

    (b) Each owner or operator subject to an emissions limitation in 
Sec.  60.102a shall notify the Administrator of the specific monitoring 
provisions of Sec. Sec.  60.105a, 60.106a and 60.107a with which the 
owner or operator intends to comply. Each owner or operator of a co-
fired process heater subject to an emissions limitation in Sec.  
60.102a(g)(2)(iii) or (iv) shall submit to the Administrator 
documentation showing that the process heater meets the definition of a 
co-fired process heater in Sec.  60.101a. Notifications required by this 
paragraph shall be submitted with the notification of initial startup 
required by Sec.  60.7(a)(3).
    (c) The owner or operator shall maintain the following records:
    (1) A copy of the flare management plan.
    (2) Records of information to document conformance with bag leak 
detection system operation and maintenance requirements in Sec.  
60.105a(c).
    (3) Records of bag leak detection system alarms and actions 
according to Sec.  60.105a(c).
    (4) For each FCCU and fluid coking unit subject to the monitoring 
requirements in Sec.  60.105a(b)(1), records of the average coke burn-
off rate and hours of operation.
    (5) For each fuel gas stream to which one of the exemptions listed 
in Sec.  60.107a(a)(3) applies, records of the specific exemption 
determined to apply for each fuel stream. If the owner or operator 
applies for the exemption described in Sec.  60.107a(a)(3)(iv), the 
owner or operator must keep a copy of the application as well as the 
letter from the Administrator granting approval of the application.
    (6) Records of discharges greater than 500 lb SO2 in any 
24-hour period from any affected flare, discharges greater than 500 lb 
SO2 in excess of the allowable limits from a fuel gas 
combustion device or sulfur recovery plant and discharges to an affected 
flare in excess of 500,000 scf above baseline in any 24-hour period as 
required by Sec.  60.103a(c). If the monitoring alternative provided in 
Sec.  60.107a(g) is selected, the owner or operator shall record any 
instance when the flare gas line pressure exceeds the water seal liquid 
depth, except for periods attributable to compressor staging that do not 
exceed the staging time specified in Sec.  60.103a(a)(3)(vii)(C). The 
following information shall be recorded no later than 45 days following 
the end of a discharge exceeding the thresholds:
    (i) A description of the discharge.
    (ii) The date and time the discharge was first identified and the 
duration of the discharge.
    (iii) The measured or calculated cumulative quantity of gas 
discharged over the discharge duration. If the discharge duration 
exceeds 24 hours, record the discharge quantity for each 24-hour period. 
For a flare, record the measured or calculated cumulative quantity of 
gas discharged to the flare over the discharge duration. If the 
discharge duration exceeds 24 hours, record the quantity of gas 
discharged to the flare for each 24-hour period. Engineering 
calculations are allowed for fuel gas combustion devices, but are not 
allowed for flares, except for those complying with the alternative 
monitoring requirements in Sec.  60.107a(g).
    (iv) For each discharge greater than 500 lb SO2 in any 
24-hour period from a flare, the measured total sulfur concentration or 
both the measured H2S concentration and the estimated total 
sulfur concentration in the fuel gas at a representative location in the 
flare inlet.
    (v) For each discharge greater than 500 lb SO2 in excess 
of the applicable short-term emissions limit in Sec.  60.102a(g)(1) from 
a fuel gas combustion device, either the measured concentration of 
H2S in the fuel gas or the measured concentration of 
SO2 in the stream discharged to the atmosphere. Process 
knowledge can be used to make these estimates for fuel gas combustion 
devices, but cannot be used to make these estimates for flares, except 
as provided in Sec.  60.107a(e)(4).
    (vi) For each discharge greater than 500 lb SO2 in excess 
of the allowable limits from a sulfur recovery plant, either the 
measured concentration of reduced sulfur or SO2 discharged to 
the atmosphere.
    (vii) For each discharge greater than 500 lb SO2 in any 
24-hour period from any affected flare or discharge greater than 500 lb 
SO2 in excess of the allowable limits from a fuel gas 
combustion

[[Page 416]]

device or sulfur recovery plant, the cumulative quantity of 
H2S and SO2 released into the atmosphere. For 
releases controlled by flares, assume 99-percent conversion of reduced 
sulfur or total sulfur to SO2. For fuel gas combustion 
devices, assume 99-percent conversion of H2S to 
SO2.
    (viii) The steps that the owner or operator took to limit the 
emissions during the discharge.
    (ix) The root cause analysis and corrective action analysis 
conducted as required in Sec.  60.103a(d), including an identification 
of the affected facility, the date and duration of the discharge, a 
statement noting whether the discharge resulted from the same root 
cause(s) identified in a previous analysis and either a description of 
the recommended corrective action(s) or an explanation of why corrective 
action is not necessary under Sec.  60.103a(e).
    (x) For any corrective action analysis for which corrective actions 
are required in Sec.  60.103a(e), a description of the corrective 
action(s) completed within the first 45 days following the discharge 
and, for action(s) not already completed, a schedule for implementation, 
including proposed commencement and completion dates.
    (xi) For each discharge from any affected flare that is the result 
of a planned startup or shutdown of a refinery process unit or ancillary 
equipment connected to the affected flare, a statement that a root cause 
analysis and corrective action analysis are not necessary because the 
owner or operator followed the flare management plan.
    (7) If the owner or operator elects to comply with Sec.  
60.107a(e)(2) for a flare, records of the H2S and total 
sulfur analyses of each grab or integrated sample, the calculated daily 
total sulfur-to-H2S ratios, the calculated 10-day average 
total sulfur-to-H2S ratios and the 95-percent confidence 
intervals for each 10-day average total sulfur-to-H2S ratio.
    (d) Each owner or operator subject to this subpart shall submit an 
excess emissions report for all periods of excess emissions according to 
the requirements of Sec.  60.7(c) except that the report shall contain 
the information specified in paragraphs (d)(1) through (7) of this 
section.
    (1) The date that the exceedance occurred;
    (2) An explanation of the exceedance;
    (3) Whether the exceedance was concurrent with a startup, shutdown, 
or malfunction of an affected facility or control system; and
    (4) A description of the action taken, if any.
    (5) The information described in paragraph (c)(6) of this section 
for all discharges listed in paragraph (c)(6) of this section. For a 
flare complying with the monitoring alternative under Sec.  60.107a(g), 
following the fifth discharge required to be recorded under paragraph 
(c)(6) of this section and reported under this paragraph, the owner or 
operator shall include notification that monitoring systems will be 
installed according to Sec.  60.107a(e) and (f) within 180 days 
following the fifth discharge.
    (6) For any periods for which monitoring data are not available, any 
changes made in operation of the emission control system during the 
period of data unavailability which could affect the ability of the 
system to meet the applicable emission limit. Operations of the control 
system and affected facility during periods of data unavailability are 
to be compared with operation of the control system and affected 
facility before and following the period of data unavailability.
    (7) A written statement, signed by a responsible official, 
certifying the accuracy and completeness of the information contained in 
the report.

[73 FR 35867, June 24, 2008, as amended at 77 FR 56479, Sep. 12, 2012]



Sec.  60.109a  Delegation of authority.

    (a) This subpart can be implemented and enforced by the U.S. EPA or 
a delegated authority such as a State, local, or tribal agency. You 
should contact your U.S. EPA Regional Office to find out if this subpart 
is delegated to a State, local, or tribal agency within your State.
    (b) In delegating implementation and enforcement authority of this 
subpart to a state, local or tribal agency, the approval authorities 
contained in paragraphs (b)(1) through (4) of this section are retained 
by the Administrator of

[[Page 417]]

the U.S. EPA and are not transferred to the state, local or tribal 
agency.
    (1) Approval of a major change to test methods under Sec.  60.8(b). 
A ``major change to test method'' is defined in 40 CFR 63.90.
    (2) Approval of a major change to monitoring under Sec.  60.13(i). A 
``major change to monitoring'' is defined in 40 CFR 63.90.
    (3) Approval of a major change to recordkeeping/reporting under 
Sec.  60.7(b) through (f). A ``major change to recordkeeping/reporting'' 
is defined in 40 CFR 63.90.
    (4) Approval of an application for an alternative means of emission 
limitation under Sec.  60.103a(j) of this subpart.

[73 FR 35867, June 24, 2008, as amended at 77 FR 56480, Sep. 12, 2012]



 Sec. Table 1 to Subpart Ja of Part 60--Molar Exhaust Volumes and Molar 
                  Heat Content of Fuel Gas Constituents

------------------------------------------------------------------------
                                                      MEV\a\     MHC\b\
                    Constituent                      dscf/mol   Btu/mol
------------------------------------------------------------------------
Methane (CH4).....................................       7.29        842
Ethane (C2H6).....................................      12.96      1,475
Hydrogen (H2).....................................       1.61        269
Ethene (C2H4).....................................      11.34      1,335
Propane (C3H8)....................................      18.62      2,100
Propene (C3H6)....................................      17.02      1,947
Butane (C4H10)....................................      24.30      2,717
Butene (C4H8).....................................      22.69      2,558
Inerts............................................       0.85          0
------------------------------------------------------------------------
\a\ MEV = molar exhaust volume, dry standard cubic feet per gram-mole
  (dscf/g-mol) at standard conditions of 68 [deg]F and 1 atmosphere.
\b\ MHC = molar heat content (higher heating value basis), Btu per gram-
  mole (Btu/g-mol).


[77 FR 56480, Sep. 12, 2012]



  Subpart K_Standards of Performance for Storage Vessels for Petroleum 
    Liquids for Which Construction, Reconstruction, or Modification 
        Commenced After June 11, 1973, and Prior to May 19, 1978



Sec.  60.110  Applicability and designation of affected facility.

    (a) Except as provided in Sec.  60.110(b), the affected facility to 
which this subpart applies is each storage vessel for petroleum liquids 
which has a storage capacity greater than 151,412 liters (40,000 
gallons).
    (b) This subpart does not apply to storage vessels for petroleum or 
condensate stored, processed, and/or treated at a drilling and 
production facility prior to custody transfer.
    (c) Subject to the requirements of this subpart is any facility 
under paragraph (a) of this section which:
    (1) Has a capacity greater than 151, 416 liters (40,000 gallons), 
but not exceeding 246,052 liters (65,000 gallons), and commences 
construction or modification after March 8, 1974, and prior to May 19, 
1978.
    (2) Has a capacity greater than 246,052 liters (65,000 gallons) and 
commences construction or modification after June 11, 1973, and prior to 
May 19, 1978.

[42 FR 37937, July 25, 1977, as amended at 45 FR 23379, Apr. 4, 1980]



Sec.  60.111  Definitions.

    As used in this subpart, all terms not defined herein shall have the 
meaning given them in the Act and in subpart A of this part.
    (a) Storage vessel means any tank, reservoir, or container used for 
the storage of petroleum liquids, but does not include:
    (1) Pressure vessels which are designed to operate in excess of 15 
pounds per square inch gauge without emissions to the atmosphere except 
under emergency conditions,
    (2) Subsurface caverns or porous rock reservoirs, or
    (3) Underground tanks if the total volume of petroleum liquids added 
to and taken from a tank annually does not exceed twice the volume of 
the tank.
    (b) Petroleum liquids means petroleum, condensate, and any finished 
or intermediate products manufactured in a petroleum refinery but does 
not mean Nos. 2 through 6 fuel oils as specified in ASTM D396-78, 89, 
90, 92, 96, or 98, gas turbine fuel oils Nos. 2-GT through 4-GT as 
specified in ASTM D2880-78 or 96, or diesel fuel oils Nos. 2-D and 4-D 
as specified in ASTM D975-78, 96, or 98a. (These three methods are 
incorporated by reference--see Sec.  60.17.)
    (c) Petroleum refinery means each facility engaged in producing 
gasoline, kerosene, distillate fuel oils, residual fuel oils, 
lubricants, or other products through distillation of petroleum or

[[Page 418]]

through redistillation, cracking, extracting, or reforming of unfinished 
petroleum derivatives.
    (d) Petroleum means the crude oil removed from the earth and the 
oils derived from tar sands, shale, and coal.
    (e) Hydrocarbon means any organic compound consisting predominantly 
of carbon and hydrogen.
    (f) Condensate means hydrocarbon liquid separated from natural gas 
which condenses due to changes in the temperature and/or pressure and 
remains liquid at standard conditions.
    (g) Custody transfer means the transfer of produced petroleum and/or 
condensate, after processing and/or treating in the producing 
operations, from storage tanks or automatic transfer facilities to 
pipelines or any other forms of transportation.
    (h) Drilling and production facility means all drilling and 
servicing equipment, wells, flow lines, separators, equipment, gathering 
lines, and auxiliary nontransportation-related equipment used in the 
production of petroleum but does not include natural gasoline plants.
    (i) True vapor pressure means the equilibrium partial pressure 
exerted by a petroleum liquid as determined in accordance with methods 
described in American Petroleum Institute Bulletin 2517, Evaporation 
Loss from External Floating-Roof Tanks, Second Edition, February 1980 
(incorporated by reference--see Sec.  60.17).
    (j) Floating roof means a storage vessel cover consisting of a 
double deck, pontoon single deck, internal floating cover or covered 
floating roof, which rests upon and is supported by the petroleum liquid 
being contained, and is equipped with a closure seal or seals to close 
the space between the roof edge and tank wall.
    (k) Vapor recovery system means a vapor gathering system capable of 
collecting all hydrocarbon vapors and gases discharged from the storage 
vessel and a vapor disposal system capable of processing such 
hydrocarbon vapors and gases so as to prevent their emission to the 
atmosphere.
    (l) Reid vapor pressure is the absolute vapor pressure of volatile 
crude oil and volatile nonviscous petroleum liquids, except liquified 
petroleum gases, as determined by ASTM D323-82 or 94 (incorporated by 
reference--see Sec.  60.17).

[39 FR 9317, Mar. 8, 1974; 39 FR 13776, Apr. 17, 1974, as amended at 39 
FR 20794, June 14, 1974; 45 FR 23379, Apr. 4, 1980; 48 FR 3737, Jan. 27, 
1983; 52 FR 11429, Apr. 8, 1987; 65 FR 61755, Oct. 17, 2000]



Sec.  60.112  Standard for volatile organic compounds (VOC).

    (a) The owner or operator of any storage vessel to which this 
subpart applies shall store petroleum liquids as follows:
    (1) If the true vapor pressure of the petroleum liquid, as stored, 
is equal to or greater than 78 mm Hg (1.5 psia) but not greater than 570 
mm Hg (11.1 psia), the storage vessel shall be equipped with a floating 
roof, a vapor recovery system, or their equivalents.
    (2) If the true vapor pressure of the petroleum liquid as stored is 
greater than 570 mm Hg (11.1 psia), the storage vessel shall be equipped 
with a vapor recovery system or its equivalent.

[39 FR 9317, Mar. 8, 1974; 39 FR 13776, Apr. 17, 1974, as amended at 45 
FR 23379, Apr. 4, 1980]



Sec.  60.113  Monitoring of operations.

    (a) Except as provided in paragraph (d) of this section, the owner 
or operator subject to this subpart shall maintain a record of the 
petroleum liquid stored, the period of storage, and the maximum true 
vapor pressure of that liquid during the respective storage period.
    (b) Available data on the typical Reid vapor pressure and the 
maximum expected storage temperature of the stored product may be used 
to determine the maximum true vapor pressure from nomographs contained 
in API Bulletin 2517, unless the Administrator specifically requests 
that the liquid be sampled, the actual storage temperature determined, 
and the Reid vapor pressure determined from the sample(s).
    (c) The true vapor pressure of each type of crude oil with a Reid 
vapor pressure less than 13.8 kPa (2.0 psia) or whose physical 
properties preclude determination by the recommended method is to be 
determined from available data and recorded if the estimated true vapor 
pressure is greater than 6.9 kPa (1.0 psia).

[[Page 419]]

    (d) The following are exempt from the requirements of this section:
    (1) Each owner or operator of each affected facility which stores 
petroleum liquids with a Reid vapor pressure of less than 6.9 kPa (1.0 
psia) provided the maximum true vapor pressure does not exceed 6.9 kPa 
(1.0 psia).
    (2) Each owner or operator of each affected facility equipped with a 
vapor recovery and return or disposal system in accordance with the 
requirements of Sec.  60.112.

[45 FR 23379, Apr. 4, 1980]



 Subpart Ka_Standards of Performance for Storage Vessels for Petroleum 
    Liquids for Which Construction, Reconstruction, or Modification 
        Commenced After May 18, 1978, and Prior to July 23, 1984



Sec.  60.110a  Applicability and designation of affected facility.

    (a) Affected facility. Except as provided in paragraph (b) of this 
section, the affected facility to which this subpart applies is each 
storage vessel with a storage capacity greater than 151,416 liters 
(40,000 gallons) that is used to store petroleum liquids for which 
construction is commenced after May 18, 1978.
    (b) Each petroleum liquid storage vessel with a capacity of less 
than 1,589,873 liters (420,000 gallons) used for petroleum or condensate 
stored, processed, or treated prior to custody transfer is not an 
affected facility and, therefore, is exempt from the requirements of 
this subpart.
    (c) Alternative means of compliance--(1) Option to comply with part 
65. Owners or operators may choose to comply with 40 CFR part 65, 
subpart C, to satisfy the requirements of Sec. Sec.  60.112a through 
60.114a for storage vessels that are subject to this subpart that store 
petroleum liquids that, as stored, have a maximum true vapor pressure 
equal to or greater than 10.3 kPa (1.5 psia). Other provisions applying 
to owners or operators who choose to comply with 40 CFR part 65 are 
provided in 40 CFR 65.1.
    (2) Part 60, subpart A. Owners or operators who choose to comply 
with 40 CFR part 65, subpart C, must also comply with Sec. Sec.  60.1, 
60.2, 60.5, 60.6, 60.7(a)(1) and (4), 60.14, 60.15, and 60.16 for those 
storage vessels. All sections and paragraphs of subpart A of this part 
that are not mentioned in this paragraph (c)(2) do not apply to owners 
or operators of storage vessels complying with 40 CFR part 65, subpart 
C, except that provisions required to be met prior to implementing 40 
CFR part 65 still apply. Owners and operators who choose to comply with 
40 CFR part 65, subpart C, must comply with 40 CFR part 65, subpart A.

[45 FR 23379, Apr. 4, 1980, as amended at 65 FR 78275, Dec. 14, 2000]



Sec.  60.111a  Definitions.

    In addition to the terms and their definitions listed in the Act and 
subpart A of this part the following definitions apply in this subpart:
    (a) Storage vessel means each tank, reservoir, or container used for 
the storage of petroleum liquids, but does not include:
    (1) Pressure vessels which are designed to operate in excess of 
204.9 kPa (15 psig) without emissions to the atmosphere except under 
emergency conditions.
    (2) Subsurface caverns or porous rock reservoirs, or
    (3) Underground tanks if the total volume of petroleum liquids added 
to and taken from a tank annually does not exceed twice the volume of 
the tank.
    (b) Petroleum liquids means petroleum, condensate, and any finished 
or intermediate products manufactured in a petroleum refinery but does 
not mean Nos. 2 through 6 fuel oils as specified in ASTM D396-78, 89, 
90, 92, 96, or 98, gas turbine fuel oils Nos. 2-GT through 4-GT as 
specified in ASTM D2880-78 or 96, gas turbine fuel oils Nos. 2-GT 
through 4-GT as specified in ASTM D2880-78 or 96, or diesel fuel oils 
Nos. 2-D and 4-D as specified in ASTM D975-78, 96, or 98a. (These three 
methods are incorporated by reference--see Sec.  60.17.)
    (c) Petroleum refinery means each facility engaged in producing 
gasoline, kerosene, distillate fuel oils, residual fuel oils, 
lubricants, or other products

[[Page 420]]

through distillation of petroleum or through redistillation, cracking, 
extracting, or reforming of unfinished petroleum derivatives.
    (d) Petroleum means the crude oil removed from the earth and the 
oils derived from tar sands, shale, and coal.
    (e) Condensate means hydrocarbon liquid separated from natural gas 
which condenses due to changes in the temperature or pressure, or both, 
and remains liquid at standard conditions.
    (f) True vapor pressure means the equilibrium partial pressure 
exerted by a petroleum liquid such as determined in accordance with 
methods described in American Petroleum Institute Bulletin 2517, 
Evaporation Loss from External Floating-Roof Tanks, Second Edition, 
February 1980 (incorporated by reference--see Sec.  60.17).
    (g) Reid vapor pressure is the absolute vapor pressure of volatile 
crude oil and nonviscous petroleum liquids, except liquified petroleum 
gases, as determined by ASTM D323-82 or 94 (incorporated by reference--
see Sec.  60.17).
    (h) Liquid-mounted seal means a foam or liquid-filled primary seal 
mounted in contact with the liquid between the tank wall and the 
floating roof continuously around the circumference of the tank.
    (i) Metallic shoe seal includes but is not limited to a metal sheet 
held vertically against the tank wall by springs or weighted levers and 
is connected by braces to the floating roof. A flexible coated fabric 
(envelope) spans the annular space between the metal sheet and the 
floating roof.
    (j) Vapor-mounted seal means a foam-filled primary seal mounted 
continuously around the circumference of the tank so there is an annular 
vapor space underneath the seal. The annular vapor space is bounded by 
the bottom of the primary seal, the tank wall, the liquid surface, and 
the floating roof.
    (k) Custody transfer means the transfer of produced petroleum and/or 
condensate, after processing and/or treating in the producing 
operations, from storage tanks or automatic transfer facilities to 
pipelines or any other forms of transportation.

[45 FR 23379, Apr. 4, 1980, as amended at 48 FR 3737, Jan. 27, 1983; 52 
FR 11429, Apr. 8, 1987; 65 FR 61756, Oct. 17, 2000]



Sec.  60.112a  Standard for volatile organic compounds (VOC).

    (a) The owner or operator of each storage vessel to which this 
subpart applies which contains a petroleum liquid which, as stored, has 
a true vapor pressure equal to or greater than 10.3 kPa (1.5 psia) but 
not greater than 76.6 kPa (11.1 psia) shall equip the storage vessel 
with one of the following:
    (1) An external floating roof, consisting of a pontoon-type or 
double-deck-type cover that rests on the surface of the liquid contents 
and is equipped with a closure device between the tank wall and the roof 
edge. Except as provided in paragraph (a)(1)(ii)(D) of this section, the 
closure device is to consist of two seals, one above the other. The 
lower seal is referred to as the primary seal and the upper seal is 
referred to as the secondary seal. The roof is to be floating on the 
liquid at all times (i.e., off the roof leg supports) except during 
initial fill and when the tank is completely emptied and subsequently 
refilled. The process of emptying and refilling when the roof is resting 
on the leg supports shall be continuous and shall be accomplished as 
rapidly as possible.
    (i) The primary seal is to be either a metallic shoe seal, a liquid-
mounted seal, or a vapor-mounted seal. Each seal is to meet the 
following requirements:
    (A) The accumulated area of gaps between the tank wall and the 
metallic shoe seal or the liquid-mounted seal shall not exceed 212 cm\2\ 
per meter of tank diameter (10.0 in \2\ per ft of tank diameter) and the 
width of any portion of any gap shall not exceed 3.81 cm (1\1/2\ in).
    (B) The accumulated area of gaps between the tank wall and the 
vapor-mounted seal shall not exceed 21.2 cm\2\ per meter of tank 
diameter (1.0 in\2\ per ft of tank diameter) and the width of any 
portion of any gap shall not exceed 1.27 cm (\1/2\ in).
    (C) One end of the metallic shoe is to extend into the stored liquid 
and the other end is to extend a minimum vertical distance of 61 cm (24 
in) above the stored liquid surface.
    (D) There are to be no holes, tears, or other openings in the shoe, 
seal fabric, or seal envelope.

[[Page 421]]

    (ii) The secondary seal is to meet the following requirements:
    (A) The secondary seal is to be installed above the primary seal so 
that it completely covers the space between the roof edge and the tank 
wall except as provided in paragraph (a)(1)(ii)(B) of this section.
    (B) The accumulated area of gaps between the tank wall and the 
secondary seal used in combination with a metallic shoe or liquid-
mounted primary seal shall not exceed 21.2 cm\2\ per meter of tank 
diameter (1.0 in\2\ per ft. of tank diameter) and the width of any 
portion of any gap shall not exceed 1.27 cm (\1/2\ in.). There shall be 
no gaps between the tank wall and the secondary seal used in combination 
with a vapor-mounted primary seal.
    (C) There are to be no holes, tears or other openings in the seal or 
seal fabric.
    (D) The owner or operator is exempted from the requirements for 
secondary seals and the secondary seal gap criteria when performing gap 
measurements or inspections of the primary seal.
    (iii) Each opening in the roof except for automatic bleeder vents 
and rim space vents is to provide a projection below the liquid surface. 
Each opening in the roof except for automatic bleeder vents, rim space 
vents and leg sleeves is to be equipped with a cover, seal or lid which 
is to be maintained in a closed position at all times (i.e., no visible 
gap) except when the device is in actual use or as described in pargraph 
(a)(1)(iv) of this section. Automatic bleeder vents are to be closed at 
all times when the roof is floating, except when the roof is being 
floated off or is being landed on the roof leg supports. Rim vents are 
to be set to open when the roof is being floated off the roof legs 
supports or at the manufacturer's recommended setting.
    (iv) Each emergency roof drain is to be provided with a slotted 
membrane fabric cover that covers at least 90 percent of the area of the 
opening.
    (2) A fixed roof with an internal floating type cover equipped with 
a continuous closure device between the tank wall and the cover edge. 
The cover is to be floating at all times, (i.e., off the leg supports) 
except during initial fill and when the tank is completely emptied and 
subsequently refilled. The process of emptying and refilling when the 
cover is resting on the leg supports shall be continuous and shall be 
accomplished as rapidly as possible. Each opening in the cover except 
for automatic bleeder vents and the rim space vents is to provide a 
projection below the liquid surface. Each opening in the cover except 
for automatic bleeder vents, rim space vents, stub drains and leg 
sleeves is to be equipped with a cover, seal, or lid which is to be 
maintained in a closed position at all times (i.e., no visible gap) 
except when the device is in actual use. Automatic bleeder vents are to 
be closed at all times when the cover is floating except when the cover 
is being floated off or is being landed on the leg supports. Rim vents 
are to be set to open only when the cover is being floated off the leg 
supports or at the manufacturer's recommended setting.
    (3) A vapor recovery system which collects all VOC vapors and gases 
discharged from the storage vessel, and a vapor return or disposal 
system which is designed to process such VOC vapors and gases so as to 
reduce their emission to the atmosphere by at least 95 percent by 
weight.
    (4) A system equivalent to those described in paragraphs (a)(1), 
(a)(2), or (a)(3) of this section as provided in Sec.  60.114a.
    (b) The owner or operator of each storage vessel to which this 
subpart applies which contains a petroleum liquid which, as stored, has 
a true vapor pressure greater than 76.6 kPa (11.1 psia), shall equip the 
storage vessel with a vapor recovery system which collects all VOC 
vapors and gases discharged from the storage vessel, and a vapor return 
or disposal system which is designed to process such VOC vapors and 
gases so as to reduce their emission to the atmosphere by at least 95 
percent by weight.

[45 FR 23379, Apr. 4, 1980, as amended at 45 FR 83229, Dec. 18, 1980]

[[Page 422]]



Sec.  60.113a  Testing and procedures.

    (a) Except as provided in Sec.  60.8(b) compliance with the standard 
prescribed in Sec.  60.112a shall be determined as follows or in 
accordance with an equivalent procedure as provided in Sec.  60.114a.
    (1) The owner or operator of each storage vessel to which this 
subpart applies which has an external floating roof shall meet the 
following requirements:
    (i) Determine the gap areas and maximum gap widths between the 
primary seal and the tank wall and between the secondary seal and the 
tank wall according to the following frequency:
    (A) For primary seals, gap measurements shall be performed within 60 
days of the initial fill with petroleum liquid and at least once every 
five years thereafter. All primary seal inspections or gap measurements 
which require the removal or dislodging of the secondary seal shall be 
accomplished as rapidly as possible and the secondary seal shall be 
replaced as soon as possible.
    (B) For secondary seals, gap measurements shall be performed within 
60 days of the initial fill with petroleum liquid and at least once 
every year thereafter.
    (C) If any storage vessel is out of service for a period of one year 
or more, subsequent refilling with petroleum liquid shall be considered 
initial fill for the purposes of paragraphs (a)(1)(i)(A) and 
(a)(1)(i)(B) of this section.
    (D) Keep records of each gap measurement at the plant for a period 
of at least 2 years following the date of measurement. Each record shall 
identify the vessel on which the measurement was performed and shall 
contain the date of the seal gap measurement, the raw data obtained in 
the measurement process required by paragraph (a)(1)(ii) of this section 
and the calculation required by paragraph (a)(1)(iii) of this section.
    (E) If either the seal gap calculated in accord with paragraph 
(a)(1)(iii) of this section or the measured maximum seal gap exceeds the 
limitations specified by Sec.  60.112a of this subpart, a report shall 
be furnished to the Administrator within 60 days of the date of 
measurements. The report shall identify the vessel and list each reason 
why the vessel did not meet the specifications of Sec.  60.112a. The 
report shall also describe the actions necessary to bring the storage 
vessel into compliance with the specifications of Sec.  60.112a.
    (ii) Determine gap widths in the primary and secondary seals 
individually by the following procedures:
    (A) Measure seal gaps, if any, at one or more floating roof levels 
when the roof is floating off the roof leg supports.
    (B) Measure seal gaps around the entire circumference of the tank in 
each place where a \1/8\ diameter uniform probe passes freely 
(without forcing or binding against seal) between the seal and the tank 
wall and measure the circumferential distance of each such location.
    (C) The total surface area of each gap described in paragraph 
(a)(1)(ii)(B) of this section shall be determined by using probes of 
various widths to accurately measure the actual distance from the tank 
wall to the seal and multiplying each such width by its respective 
circumferential distance.
    (iii) Add the gap surface area of each gap location for the primary 
seal and the secondary seal individually. Divide the sum for each seal 
by the nominal diameter of the tank and compare each ratio to the 
appropriate ratio in the standard in Sec.  60.112a(a)(1)(i) and Sec.  
60.112a(a)(1)(ii).
    (iv) Provide the Administrator 30 days prior notice of the gap 
measurement to afford the Administrator the opportunity to have an 
observer present.
    (2) The owner or operator of each storage vessel to which this 
subpart applies which has a vapor recovery and return or disposal system 
shall provide the following information to the Administrator on or 
before the date on which construction of the storage vessel commences:
    (i) Emission data, if available, for a similar vapor recovery and 
return or disposal system used on the same type of storage vessel, which 
can be used to determine the efficiency of the system. A complete 
description of the emission measurement method used must be included.

[[Page 423]]

    (ii) The manufacturer's design specifications and estimated emission 
reduction capability of the system.
    (iii) The operation and maintenance plan for the system.
    (iv) Any other information which will be useful to the Administrator 
in evaluating the effectiveness of the system in reducing VOC emissions.

[45 FR 23379, Apr. 4, 1980, as amended at 52 FR 11429, Apr. 8, 1987]



Sec.  60.114a  Alternative means of emission limitation.

    (a) If, in the Administrator's judgment, an alternative means of 
emission limitation will achieve a reduction in emissions at least 
equivalent to the reduction in emissions achieved by any requirement in 
Sec.  60.112a, the Administrator will publish in the Federal Register a 
notice permitting the use of the alternative means for purposes of 
compliance with that requirement.
    (b) Any notice under paragraph (a) of this section will be published 
only after notice and an opportunity for a hearing.
    (c) Any person seeking permission under this section shall submit to 
the Administrator a written application including:
    (1) An actual emissions test that uses a full-sized or scale-model 
storage vessel that accurately collects and measures all VOC emissions 
from a given control device and that accurately simulates wind and 
accounts for other emission variables such as temperature and barometric 
pressure.
    (2) An engineering evaluation that the Administrator determines is 
an accurate method of determining equivalence.
    (d) The Administrator may condition the permission on requirements 
that may be necessary to ensure operation and maintenance to achieve the 
same emissions reduction as specified in Sec.  60.112a.
    (e) The primary vapor-mounted seal in the ``Volume-Maximizing Seal'' 
manufactured by R.F.I. Services Corporation is approved as equivalent to 
the vapor-mounted seal required by Sec.  60.112a(a)(1)(i) and must meet 
the gap criteria specified in Sec.  60.112a(a)(1)(i)(B). There shall be 
no gaps between the tank wall and any secondary seal used in conjunction 
with the primary seal in the ``Volume-Maximizing Seal''.

[52 FR 11429, Apr. 8, 1987]



Sec.  60.115a  Monitoring of operations.

    (a) Except as provided in paragraph (d) of this section, the owner 
or operator subject to this subpart shall maintain a record of the 
petroleum liquid stored, the period of storage, and the maximum true 
vapor pressure of that liquid during the respective storage period.
    (b) Available data on the typical Reid vapor pressure and the 
maximum expected storage temperature of the stored product may be used 
to determine the maximum true vapor pressure from nomographs contained 
in API Bulletin 2517, unless the Administrator specifically requests 
that the liquid be sampled, the actual storage temperature determined, 
and the Reid vapor pressure determined from the sample(s).
    (c) The true vapor pressure of each type of crude oil with a Reid 
vapor pressure less than 13.8 kPa (2.0 psia) or whose physical 
properties preclude determination by the recommended method is to be 
determined from available data and recorded if the estimated true vapor 
pressure is greater than 6.9 kPa (1.0 psia).
    (d) The following are exempt from the requirements of this section:
    (1) Each owner or operator of each storage vessel storing a 
petroleum liquid with a Reid vapor pressure of less than 6.9 kPa (1.0 
psia) provided the maximum true vapor pressure does not exceed 6.9 kPa 
(1.0 psia).
    (2) The owner or operator of each storage vessel equipped with a 
vapor recovery and return or disposal system in accordance with the 
requirements of Sec.  60.112a(a)(3) and (b), or a closed vent system and 
control device meeting the specifications of 40 CFR 65.42(b)(4), (b)(5), 
or (c).

[45 FR 23379, Apr. 4, 1980, as amended at 65 FR 78275, Dec. 14, 2000]

[[Page 424]]



Subpart Kb_Standards of Performance for Volatile Organic Liquid Storage 
     Vessels (Including Petroleum Liquid Storage Vessels) for Which 
 Construction, Reconstruction, or Modification Commenced After July 23, 
                                  1984

    Source: 52 FR 11429, Apr. 8, 1987, unless otherwise noted.



Sec.  60.110b  Applicability and designation of affected facility.

    (a) Except as provided in paragraph (b) of this section, the 
affected facility to which this subpart applies is each storage vessel 
with a capacity greater than or equal to 75 cubic meters (m\3\) that is 
used to store volatile organic liquids (VOL) for which construction, 
reconstruction, or modification is commenced after July 23, 1984.
    (b) This subpart does not apply to storage vessels with a capacity 
greater than or equal to 151 m\3\ storing a liquid with a maximum true 
vapor pressure less than 3.5 kilopascals (kPa) or with a capacity 
greater than or equal to 75 m\3\ but less than 151 m\3\ storing a liquid 
with a maximum true vapor pressure less than 15.0 kPa.
    (c) [Reserved]
    (d) This subpart does not apply to the following:
    (1) Vessels at coke oven by-product plants.
    (2) Pressure vessels designed to operate in excess of 204.9 kPa and 
without emissions to the atmosphere.
    (3) Vessels permanently attached to mobile vehicles such as trucks, 
railcars, barges, or ships.
    (4) Vessels with a design capacity less than or equal to 1,589.874 
m\3\ used for petroleum or condensate stored, processed, or treated 
prior to custody transfer.
    (5) Vessels located at bulk gasoline plants.
    (6) Storage vessels located at gasoline service stations.
    (7) Vessels used to store beverage alcohol.
    (8) Vessels subject to subpart GGGG of 40 CFR part 63.
    (e) Alternative means of compliance--(1) Option to comply with part 
65. Owners or operators may choose to comply with 40 CFR part 65, 
subpart C, to satisfy the requirements of Sec. Sec.  60.112b through 
60.117b for storage vessels that are subject to this subpart that meet 
the specifications in paragraphs (e)(1)(i) and (ii) of this section. 
When choosing to comply with 40 CFR part 65, subpart C, the monitoring 
requirements of Sec.  60.116b(c), (e), (f)(1), and (g) still apply. 
Other provisions applying to owners or operators who choose to comply 
with 40 CFR part 65 are provided in 40 CFR 65.1.
    (i) A storage vessel with a design capacity greater than or equal to 
151 m\3\ containing a VOL that, as stored, has a maximum true vapor 
pressure equal to or greater than 5.2 kPa; or
    (ii) A storage vessel with a design capacity greater than 75 m\3\ 
but less than 151 m\3\ containing a VOL that, as stored, has a maximum 
true vapor pressure equal to or greater than 27.6 kPa.
    (2) Part 60, subpart A. Owners or operators who choose to comply 
with 40 CFR part 65, subpart C, must also comply with Sec. Sec.  60.1, 
60.2, 60.5, 60.6, 60.7(a)(1) and (4), 60.14, 60.15, and 60.16 for those 
storage vessels. All sections and paragraphs of subpart A of this part 
that are not mentioned in this paragraph (e)(2) do not apply to owners 
or operators of storage vessels complying with 40 CFR part 65, subpart 
C, except that provisions required to be met prior to implementing 40 
CFR part 65 still apply. Owners and operators who choose to comply with 
40 CFR part 65, subpart C, must comply with 40 CFR part 65, subpart A.
    (3) Internal floating roof report. If an owner or operator installs 
an internal floating roof and, at initial startup, chooses to comply 
with 40 CFR part 65, subpart C, a report shall be furnished to the 
Administrator stating that the control equipment meets the 
specifications of 40 CFR 65.43. This report shall be an attachment to 
the notification required by 40 CFR 65.5(b).
    (4) External floating roof report. If an owner or operator installs 
an external floating roof and, at initial startup, chooses to comply 
with 40 CFR part 65, subpart C, a report shall be furnished to the 
Administrator stating that the control equipment meets the 
specifications of 40 CFR 65.44. This report shall

[[Page 425]]

be an attachment to the notification required by 40 CFR 65.5(b).
    (5) Option to comply with part 63, subpart WW, of this chapter. 
Except as specified in paragraphs (e)(5)(i) through (iv) of this 
section, owners or operators may choose to comply with 40 CFR part 63, 
subpart WW, to satisfy the requirements of Sec. Sec.  60.112b through 
60.117b for storage vessels either with a design capacity greater than 
or equal to 151 m\3\ containing a VOL that, as stored, has a maximum 
true vapor pressure equal to or greater than 5.2 kPa but less than 76.6 
kPa, or with a design capacity greater than or equal to 75 m\3\ but less 
than 151 m\3\ containing a VOL that, as stored, has a maximum true vapor 
pressure equal to or greater than 27.6 kPa but less than 76.6 kPa.
    (i) The general provisions in subpart A of this part apply instead 
of the general provisions in subpart A of part 63 of this chapter.
    (ii) Where terms are defined in both this subpart and 40 CFR part 
63, subpart WW, the definitions in this subpart apply.
    (iii) Owners or operators who choose to comply with 40 CFR part 63, 
subpart WW, also must comply with the monitoring requirements of Sec.  
60.116b(a), (c), (e), and (f)(1), except as specified in paragraphs 
(e)(5)(iii)(A) through (C) of this section.
    (A) The reference to all records applies only to the records 
required by Sec.  60.116b(c);
    (B) The reference to Sec.  60.116b(b) does not apply; and
    (C) The reference to Sec.  60.116b(g) does not apply.
    (iv) Owners or operators who choose to comply with 40 CFR part 63, 
subpart WW, must also keep records and furnish reports as specified in 
paragraphs (e)(5)(iv)(A) through (F) of this section.
    (A) For each affected facility, the owner or operator must notify 
the Administrator at least 30 days before the first inspection is 
conducted under 40 CFR part 63, subpart WW. After this notification is 
submitted to the Administrator, the owner or operator must continue to 
comply with the alternative standard described in this paragraph (e)(5) 
until the owner or operator submits another notification to the 
Administrator indicating the affected facility is using the requirements 
of Sec. Sec.  60.112b through 60.117b instead of the alternative 
standard described in this paragraph (e)(5). The compliance schedule for 
events does not reset upon switching between compliance with this 
subpart and 40 CFR part 63, subpart WW.
    (B) Keep a record of each affected facility using the alternative 
standard described in this paragraph (e)(5) when conducting an 
inspection required by Sec.  63.1063(c)(1) of this chapter.
    (C) Keep a record of each affected facility using the alternative 
standard described in this paragraph (e)(5) when conducting an 
inspection required by Sec.  63.1063(c)(2) of this chapter.
    (D) Copies of all records and reports kept pursuant to Sec.  
60.115b(a) and (b) that have not met the 2-year record retention 
required by the introductory text of Sec.  60.115b must be kept for an 
additional 2 years after the date of submittal of the inspection 
notification specified in paragraph (e)(5)(iv)(A) of this section, 
indicating the affected facility is using the requirements of 40 CFR 
part 63, subpart WW.
    (E) Copies of all records and reports kept pursuant to Sec.  63.1065 
of this chapter that have not met the 5-year record retention required 
by the introductory text of Sec.  63.1065 must be kept for an additional 
5 years after the date of submittal of the notification specified in 
paragraph (e)(5)(iv)(A) of this section, indicating the affected 
facility is using the requirements of Sec. Sec.  60.112b through 
60.117b.
    (F) The following exceptions to the reporting requirements of Sec.  
63.1066 of this chapter apply:
    (1) The notification of initial startup required under Sec.  
63.1066(a)(1) and (2) of this chapter must be submitted as an attachment 
to the notification required by Sec. Sec.  60.7(a)(3) and 60.115b(a)(1);
    (2) The reference in Sec.  63.1066(b)(2) of this chapter to periodic 
reports ``when inspection failures occur'' means to submit inspections 
results within 60 days of the initial gap measurements required by Sec.  
63.1063(c)(2)(i) of this chapter and within 30 days of all other

[[Page 426]]

inspections required by Sec.  63.1063(c)(1) and (2) of this chapter.

[52 FR 11429, Apr. 8, 1987, as amended at 54 FR 32973, Aug. 11, 1989; 65 
FR 78275, Dec. 14, 2000; 68 FR 59332, Oct. 15, 2003; 86 FR 5019, Jan. 
19, 2021]



Sec.  60.111b  Definitions.

    Terms used in this subpart are defined in the Act, in subpart A of 
this part, or in this subpart as follows:
    Bulk gasoline plant means any gasoline distribution facility that 
has a gasoline throughput less than or equal to 75,700 liters per day. 
Gasoline throughput shall be the maximum calculated design throughput as 
may be limited by compliance with an enforceable condition under Federal 
requirement or Federal, State or local law, and discoverable by the 
Administrator and any other person.
    Condensate means hydrocarbon liquid separated from natural gas that 
condenses due to changes in the temperature or pressure, or both, and 
remains liquid at standard conditions.
    Custody transfer means the transfer of produced petroleum and/or 
condensate, after processing and/or treatment in the producing 
operations, from storage vessels or automatic transfer facilities to 
pipelines or any other forms of transportation.
    Fill means the introduction of VOL into a storage vessel but not 
necessarily to complete capacity.
    Gasoline service station means any site where gasoline is dispensed 
to motor vehicle fuel tanks from stationary storage tanks.
    Maximum true vapor pressure means the equilibrium partial pressure 
exerted by the volatile organic compounds (as defined in 40 CFR 51.100) 
in the stored VOL at the temperature equal to the highest calendar-month 
average of the VOL storage temperature for VOL's stored above or below 
the ambient temperature or at the local maximum monthly average 
temperature as reported by the National Weather Service for VOL's stored 
at the ambient temperature, as determined:
    (1) In accordance with methods described in American Petroleum 
institute Bulletin 2517, Evaporation Loss From External Floating Roof 
Tanks, (incorporated by reference--see Sec.  60.17); or
    (2) As obtained from standard reference texts; or
    (3) As determined by ASTM D2879-83, 96, or 97 (incorporated by 
reference--see Sec.  60.17);
    (4) Any other method approved by the Administrator.
    Petroleum means the crude oil removed from the earth and the oils 
derived from tar sands, shale, and coal.
    Petroleum liquids means petroleum, condensate, and any finished or 
intermediate products manufactured in a petroleum refinery.
    Process tank means a tank that is used within a process (including a 
solvent or raw material recovery process) to collect material discharged 
from a feedstock storage vessel or equipment within the process before 
the material is transferred to other equipment within the process, to a 
product or by-product storage vessel, or to a vessel used to store 
recovered solvent or raw material. In many process tanks, unit 
operations such as reactions and blending are conducted. Other process 
tanks, such as surge control vessels and bottoms receivers, however, may 
not involve unit operations.
    Reid vapor pressure means the absolute vapor pressure of volatile 
crude oil and volatile nonviscous petroleum liquids except liquified 
petroleum gases, as determined by ASTM D323-82 or 94 (incorporated by 
reference--see Sec.  60.17).
    Storage vessel means each tank, reservoir, or container used for the 
storage of volatile organic liquids but does not include:
    (1) Frames, housing, auxiliary supports, or other components that 
are not directly involved in the containment of liquids or vapors;
    (2) Subsurface caverns or porous rock reservoirs; or
    (3) Process tanks.
    Volatile organic liquid (VOL) means any organic liquid which can 
emit volatile organic compounds (as defined in 40 CFR 51.100) into the 
atmosphere.
    Waste means any liquid resulting from industrial, commercial, mining 
or agricultural operations, or from community activities that is 
discarded or is being accumulated, stored, or physically, chemically, or 
biologically

[[Page 427]]

treated prior to being discarded or recycled.

[52 FR 11429, Apr. 8, 1987, as amended at 54 FR 32973, Aug. 11, 1989; 65 
FR 61756, Oct. 17, 2000; 68 FR 59333, Oct. 15, 2003]



Sec.  60.112b  Standard for volatile organic compounds (VOC).

    (a) The owner or operator of each storage vessel either with a 
design capacity greater than or equal to 151 m\3\ containing a VOL that, 
as stored, has a maximum true vapor pressure equal to or greater than 
5.2 kPa but less than 76.6 kPa or with a design capacity greater than or 
equal to 75 m\3\ but less than 151 m\3\ containing a VOL that, as 
stored, has a maximum true vapor pressure equal to or greater than 27.6 
kPa but less than 76.6 kPa, shall equip each storage vessel with one of 
the following:
    (1) A fixed roof in combination with an internal floating roof 
meeting the following specifications:
    (i) The internal floating roof shall rest or float on the liquid 
surface (but not necessarily in complete contact with it) inside a 
storage vessel that has a fixed roof. The internal floating roof shall 
be floating on the liquid surface at all times, except during initial 
fill and during those intervals when the storage vessel is completely 
emptied or subsequently emptied and refilled. When the roof is resting 
on the leg supports, the process of filling, emptying, or refilling 
shall be continuous and shall be accomplished as rapidly as possible.
    (ii) Each internal floating roof shall be equipped with one of the 
following closure devices between the wall of the storage vessel and the 
edge of the internal floating roof:
    (A) A foam- or liquid-filled seal mounted in contact with the liquid 
(liquid-mounted seal). A liquid-mounted seal means a foam- or liquid-
filled seal mounted in contact with the liquid between the wall of the 
storage vessel and the floating roof continuously around the 
circumference of the tank.
    (B) Two seals mounted one above the other so that each forms a 
continuous closure that completely covers the space between the wall of 
the storage vessel and the edge of the internal floating roof. The lower 
seal may be vapor-mounted, but both must be continuous.
    (C) A mechanical shoe seal. A mechanical shoe seal is a metal sheet 
held vertically against the wall of the storage vessel by springs or 
weighted levers and is connected by braces to the floating roof. A 
flexible coated fabric (envelope) spans the annular space between the 
metal sheet and the floating roof.
    (iii) Each opening in a noncontact internal floating roof except for 
automatic bleeder vents (vacuum breaker vents) and the rim space vents 
is to provide a projection below the liquid surface.
    (iv) Each opening in the internal floating roof except for leg 
sleeves, automatic bleeder vents, rim space vents, column wells, ladder 
wells, sample wells, and stub drains is to be equipped with a cover or 
lid which is to be maintained in a closed position at all times (i.e., 
no visible gap) except when the device is in actual use. The cover or 
lid shall be equipped with a gasket. Covers on each access hatch and 
automatic gauge float well shall be bolted except when they are in use.
    (v) Automatic bleeder vents shall be equipped with a gasket and are 
to be closed at all times when the roof is floating except when the roof 
is being floated off or is being landed on the roof leg supports.
    (vi) Rim space vents shall be equipped with a gasket and are to be 
set to open only when the internal floating roof is not floating or at 
the manufacturer's recommended setting.
    (vii) Each penetration of the internal floating roof for the purpose 
of sampling shall be a sample well. The sample well shall have a slit 
fabric cover that covers at least 90 percent of the opening.
    (viii) Each penetration of the internal floating roof that allows 
for passage of a column supporting the fixed roof shall have a flexible 
fabric sleeve seal or a gasketed sliding cover.
    (ix) Each penetration of the internal floating roof that allows for 
passage of a ladder shall have a gasketed sliding cover.
    (2) An external floating roof. An external floating roof means a 
pontoon-type or double-deck type cover that rests on the liquid surface 
in a vessel

[[Page 428]]

with no fixed roof. Each external floating roof must meet the following 
specifications:
    (i) Each external floating roof shall be equipped with a closure 
device between the wall of the storage vessel and the roof edge. The 
closure device is to consist of two seals, one above the other. The 
lower seal is referred to as the primary seal, and the upper seal is 
referred to as the secondary seal.
    (A) The primary seal shall be either a mechanical shoe seal or a 
liquid-mounted seal. Except as provided in Sec.  60.113b(b)(4), the seal 
shall completely cover the annular space between the edge of the 
floating roof and tank wall.
    (B) The secondary seal shall completely cover the annular space 
between the external floating roof and the wall of the storage vessel in 
a continuous fashion except as allowed in Sec.  60.113b(b)(4).
    (ii) Except for automatic bleeder vents and rim space vents, each 
opening in a noncontact external floating roof shall provide a 
projection below the liquid surface. Except for automatic bleeder vents, 
rim space vents, roof drains, and leg sleeves, each opening in the roof 
is to be equipped with a gasketed cover, seal, or lid that is to be 
maintained in a closed position at all times (i.e., no visible gap) 
except when the device is in actual use. Automatic bleeder vents are to 
be closed at all times when the roof is floating except when the roof is 
being floated off or is being landed on the roof leg supports. Rim vents 
are to be set to open when the roof is being floated off the roof legs 
supports or at the manufacturer's recommended setting. Automatic bleeder 
vents and rim space vents are to be gasketed. Each emergency roof drain 
is to be provided with a slotted membrane fabric cover that covers at 
least 90 percent of the area of the opening.
    (iii) The roof shall be floating on the liquid at all times (i.e., 
off the roof leg supports) except during initial fill until the roof is 
lifted off leg supports and when the tank is completely emptied and 
subsequently refilled. The process of filling, emptying, or refilling 
when the roof is resting on the leg supports shall be continuous and 
shall be accomplished as rapidly as possible.
    (3) A closed vent system and control device meeting the following 
specifications:
    (i) The closed vent system shall be designed to collect all VOC 
vapors and gases discharged from the storage vessel and operated with no 
detectable emissions as indicated by an instrument reading of less than 
500 ppm above background and visual inspections, as determined in part 
60, subpart VV, Sec.  60.485(b).
    (ii) The control device shall be designed and operated to reduce 
inlet VOC emissions by 95 percent or greater. If a flare is used as the 
control device, it shall meet the specifications described in the 
general control device requirements (Sec.  60.18) of the General 
Provisions.
    (4) A system equivalent to those described in paragraphs (a)(1), 
(a)(2), or (a)(3) of this section as provided in Sec.  60.114b of this 
subpart.
    (b) The owner or operator of each storage vessel with a design 
capacity greater than or equal to 75 m\3\ which contains a VOL that, as 
stored, has a maximum true vapor pressure greater than or equal to 76.6 
kPa shall equip each storage vessel with one of the following:
    (1) A closed vent system and control device as specified in Sec.  
60.112b(a)(3).
    (2) A system equivalent to that described in paragraph (b)(1) as 
provided in Sec.  60.114b of this subpart.
    (c) Site-specific standard for Merck & Co., Inc.'s Stonewall Plant 
in Elkton, Virginia. This paragraph applies only to the pharmaceutical 
manufacturing facility, commonly referred to as the Stonewall Plant, 
located at Route 340 South, in Elkton, Virginia (``site'').
    (1) For any storage vessel that otherwise would be subject to the 
control technology requirements of paragraphs (a) or (b) of this 
section, the site shall have the option of either complying directly 
with the requirements of this subpart, or reducing the site-wide total 
criteria pollutant emissions cap (total emissions cap) in accordance 
with the procedures set forth in a permit issued pursuant to 40 CFR 
52.2454. If the site chooses the option of reducing the total emissions 
cap in accordance with the procedures set forth in such permit, the 
requirements of such permit

[[Page 429]]

shall apply in lieu of the otherwise applicable requirements of this 
subpart for such storage vessel.
    (2) For any storage vessel at the site not subject to the 
requirements of 40 CFR 60.112b (a) or (b), the requirements of 40 CFR 
60.116b (b) and (c) and the General Provisions (subpart A of this part) 
shall not apply.

[52 FR 11429, Apr. 8, 1987, as amended at 62 FR 52641, Oct. 8, 1997]



Sec.  60.113b  Testing and procedures.

    The owner or operator of each storage vessel as specified in Sec.  
60.112b(a) shall meet the requirements of paragraph (a), (b), or (c) of 
this section. The applicable paragraph for a particular storage vessel 
depends on the control equipment installed to meet the requirements of 
Sec.  60.112b.
    (a) After installing the control equipment required to meet Sec.  
60.112b(a)(1) (permanently affixed roof and internal floating roof), 
each owner or operator shall:
    (1) Visually inspect the internal floating roof, the primary seal, 
and the secondary seal (if one is in service), prior to filling the 
storage vessel with VOL. If there are holes, tears, or other openings in 
the primary seal, the secondary seal, or the seal fabric or defects in 
the internal floating roof, or both, the owner or operator shall repair 
the items before filling the storage vessel.
    (2) For Vessels equipped with a liquid-mounted or mechanical shoe 
primary seal, visually inspect the internal floating roof and the 
primary seal or the secondary seal (if one is in service) through 
manholes and roof hatches on the fixed roof at least once every 12 
months after initial fill. If the internal floating roof is not resting 
on the surface of the VOL inside the storage vessel, or there is liquid 
accumulated on the roof, or the seal is detached, or there are holes or 
tears in the seal fabric, the owner or operator shall repair the items 
or empty and remove the storage vessel from service within 45 days. If a 
failure that is detected during inspections required in this paragraph 
cannot be repaired within 45 days and if the vessel cannot be emptied 
within 45 days, a 30-day extension may be requested from the 
Administrator in the inspection report required in Sec.  60.115b(a)(3). 
Such a request for an extension must document that alternate storage 
capacity is unavailable and specify a schedule of actions the company 
will take that will assure that the control equipment will be repaired 
or the vessel will be emptied as soon as possible.
    (3) For vessels equipped with a double-seal system as specified in 
Sec.  60.112b(a)(1)(ii)(B):
    (i) Visually inspect the vessel as specified in paragraph (a)(4) of 
this section at least every 5 years; or
    (ii) Visually inspect the vessel as specified in paragraph (a)(2) of 
this section.
    (4) Visually inspect the internal floating roof, the primary seal, 
the secondary seal (if one is in service), gaskets, slotted membranes 
and sleeve seals (if any) each time the storage vessel is emptied and 
degassed. If the internal floating roof has defects, the primary seal 
has holes, tears, or other openings in the seal or the seal fabric, or 
the secondary seal has holes, tears, or other openings in the seal or 
the seal fabric, or the gaskets no longer close off the liquid surfaces 
from the atmosphere, or the slotted membrane has more than 10 percent 
open area, the owner or operator shall repair the items as necessary so 
that none of the conditions specified in this paragraph exist before 
refilling the storage vessel with VOL. In no event shall inspections 
conducted in accordance with this provision occur at intervals greater 
than 10 years in the case of vessels conducting the annual visual 
inspection as specified in paragraphs (a)(2) and (a)(3)(ii) of this 
section and at intervals no greater than 5 years in the case of vessels 
specified in paragraph (a)(3)(i) of this section.
    (5) Notify the Administrator in writing at least 30 days prior to 
the filling or refilling of each storage vessel for which an inspection 
is required by paragraphs (a)(1) and (a)(4) of this section to afford 
the Administrator the opportunity to have an observer present. If the 
inspection required by paragraph (a)(4) of this section is not planned 
and the owner or operator could not have known about the inspection 30 
days in advance or refilling

[[Page 430]]

the tank, the owner or operator shall notify the Administrator at least 
7 days prior to the refilling of the storage vessel. Notification shall 
be made by telephone immediately followed by written documentation 
demonstrating why the inspection was unplanned. Alternatively, this 
notification including the written documentation may be made in writing 
and sent by express mail so that it is received by the Administrator at 
least 7 days prior to the refilling.
    (b) After installing the control equipment required to meet Sec.  
60.112b(a)(2) (external floating roof), the owner or operator shall:
    (1) Determine the gap areas and maximum gap widths, between the 
primary seal and the wall of the storage vessel and between the 
secondary seal and the wall of the storage vessel according to the 
following frequency.
    (i) Measurements of gaps between the tank wall and the primary seal 
(seal gaps) shall be performed during the hydrostatic testing of the 
vessel or within 60 days of the initial fill with VOL and at least once 
every 5 years thereafter.
    (ii) Measurements of gaps between the tank wall and the secondary 
seal shall be performed within 60 days of the initial fill with VOL and 
at least once per year thereafter.
    (iii) If any source ceases to store VOL for a period of 1 year or 
more, subsequent introduction of VOL into the vessel shall be considered 
an initial fill for the purposes of paragraphs (b)(1)(i) and (b)(1)(ii) 
of this section.
    (2) Determine gap widths and areas in the primary and secondary 
seals individually by the following procedures:
    (i) Measure seal gaps, if any, at one or more floating roof levels 
when the roof is floating off the roof leg supports.
    (ii) Measure seal gaps around the entire circumference of the tank 
in each place where a 0.32-cm diameter uniform probe passes freely 
(without forcing or binding against seal) between the seal and the wall 
of the storage vessel and measure the circumferential distance of each 
such location.
    (iii) The total surface area of each gap described in paragraph 
(b)(2)(ii) of this section shall be determined by using probes of 
various widths to measure accurately the actual distance from the tank 
wall to the seal and multiplying each such width by its respective 
circumferential distance.
    (3) Add the gap surface area of each gap location for the primary 
seal and the secondary seal individually and divide the sum for each 
seal by the nominal diameter of the tank and compare each ratio to the 
respective standards in paragraph (b)(4) of this section.
    (4) Make necessary repairs or empty the storage vessel within 45 
days of identification in any inspection for seals not meeting the 
requirements listed in (b)(4) (i) and (ii) of this section:
    (i) The accumulated area of gaps between the tank wall and the 
mechanical shoe or liquid-mounted primary seal shall not exceed 212 
cm\2\ per meter of tank diameter, and the width of any portion of any 
gap shall not exceed 3.81 cm.
    (A) One end of the mechanical shoe is to extend into the stored 
liquid, and the other end is to extend a minimum vertical distance of 61 
cm above the stored liquid surface.
    (B) There are to be no holes, tears, or other openings in the shoe, 
seal fabric, or seal envelope.
    (ii) The secondary seal is to meet the following requirements:
    (A) The secondary seal is to be installed above the primary seal so 
that it completely covers the space between the roof edge and the tank 
wall except as provided in paragraph (b)(2)(iii) of this section.
    (B) The accumulated area of gaps between the tank wall and the 
secondary seal shall not exceed 21.2 cm\2\ per meter of tank diameter, 
and the width of any portion of any gap shall not exceed 1.27 cm.
    (C) There are to be no holes, tears, or other openings in the seal 
or seal fabric.
    (iii) If a failure that is detected during inspections required in 
paragraph (b)(1) of Sec.  60.113b(b) cannot be repaired within 45 days 
and if the vessel cannot be emptied within 45 days, a 30-day extension 
may be requested from the Administrator in the inspection report 
required in Sec.  60.115b(b)(4). Such extension request must include a 
demonstration of unavailability of alternate storage

[[Page 431]]

capacity and a specification of a schedule that will assure that the 
control equipment will be repaired or the vessel will be emptied as soon 
as possible.
    (5) Notify the Administrator 30 days in advance of any gap 
measurements required by paragraph (b)(1) of this section to afford the 
Administrator the opportunity to have an observer present.
    (6) Visually inspect the external floating roof, the primary seal, 
secondary seal, and fittings each time the vessel is emptied and 
degassed.
    (i) If the external floating roof has defects, the primary seal has 
holes, tears, or other openings in the seal or the seal fabric, or the 
secondary seal has holes, tears, or other openings in the seal or the 
seal fabric, the owner or operator shall repair the items as necessary 
so that none of the conditions specified in this paragraph exist before 
filling or refilling the storage vessel with VOL.
    (ii) For all the inspections required by paragraph (b)(6) of this 
section, the owner or operator shall notify the Administrator in writing 
at least 30 days prior to the filling or refilling of each storage 
vessel to afford the Administrator the opportunity to inspect the 
storage vessel prior to refilling. If the inspection required by 
paragraph (b)(6) of this section is not planned and the owner or 
operator could not have known about the inspection 30 days in advance of 
refilling the tank, the owner or operator shall notify the Administrator 
at least 7 days prior to the refilling of the storage vessel. 
Notification shall be made by telephone immediately followed by written 
documentation demonstrating why the inspection was unplanned. 
Alternatively, this notification including the written documentation may 
be made in writing and sent by express mail so that it is received by 
the Administrator at least 7 days prior to the refilling.
    (c) The owner or operator of each source that is equipped with a 
closed vent system and control device as required in Sec.  60.112b 
(a)(3) or (b)(2) (other than a flare) is exempt from Sec.  60.8 of the 
General Provisions and shall meet the following requirements.
    (1) Submit for approval by the Administrator as an attachment to the 
notification required by Sec.  60.7(a)(1) or, if the facility is exempt 
from Sec.  60.7(a)(1), as an attachment to the notification required by 
Sec.  60.7(a)(2), an operating plan containing the information listed 
below.
    (i) Documentation demonstrating that the control device will achieve 
the required control efficiency during maximum loading conditions. This 
documentation is to include a description of the gas stream which enters 
the control device, including flow and VOC content under varying liquid 
level conditions (dynamic and static) and manufacturer's design 
specifications for the control device. If the control device or the 
closed vent capture system receives vapors, gases, or liquids other than 
fuels from sources that are not designated sources under this subpart, 
the efficiency demonstration is to include consideration of all vapors, 
gases, and liquids received by the closed vent capture system and 
control device. If an enclosed combustion device with a minimum 
residence time of 0.75 seconds and a minimum temperature of 816 [deg]C 
is used to meet the 95 percent requirement, documentation that those 
conditions will exist is sufficient to meet the requirements of this 
paragraph.
    (ii) A description of the parameter or parameters to be monitored to 
ensure that the control device will be operated in conformance with its 
design and an explanation of the criteria used for selection of that 
parameter (or parameters).
    (2) Operate the closed vent system and control device and monitor 
the parameters of the closed vent system and control device in 
accordance with the operating plan submitted to the Administrator in 
accordance with paragraph (c)(1) of this section, unless the plan was 
modified by the Administrator during the review process. In this case, 
the modified plan applies.
    (d) The owner or operator of each source that is equipped with a 
closed vent system and a flare to meet the requirements in Sec.  60.112b 
(a)(3) or (b)(2) shall meet the requirements as specified in the general 
control device requirements, Sec.  60.18 (e) and (f).

[52 FR 11429, Apr. 8, 1987, as amended at 54 FR 32973, Aug. 11, 1989]

[[Page 432]]



Sec.  60.114b  Alternative means of emission limitation.

    (a) If, in the Administrator's judgment, an alternative means of 
emission limitation will achieve a reduction in emissions at least 
equivalent to the reduction in emissions achieved by any requirement in 
Sec.  60.112b, the Administrator will publish in the Federal Register a 
notice permitting the use of the alternative means for purposes of 
compliance with that requirement.
    (b) Any notice under paragraph (a) of this section will be published 
only after notice and an opportunity for a hearing.
    (c) Any person seeking permission under this section shall submit to 
the Administrator a written application including:
    (1) An actual emissions test that uses a full-sized or scale-model 
storage vessel that accurately collects and measures all VOC emissions 
from a given control device and that accurately simulates wind and 
accounts for other emission variables such as temperature and barometric 
pressure.
    (2) An engineering evaluation that the Administrator determines is 
an accurate method of determining equivalence.
    (d) The Administrator may condition the permission on requirements 
that may be necessary to ensure operation and maintenance to achieve the 
same emissions reduction as specified in Sec.  60.112b.



Sec.  60.115b  Reporting and recordkeeping requirements.

    The owner or operator of each storage vessel as specified in Sec.  
60.112b(a) shall keep records and furnish reports as required by 
paragraphs (a), (b), or (c) of this section depending upon the control 
equipment installed to meet the requirements of Sec.  60.112b. The owner 
or operator shall keep copies of all reports and records required by 
this section, except for the record required by (c)(1), for at least 2 
years. The record required by (c)(1) will be kept for the life of the 
control equipment.
    (a) After installing control equipment in accordance with Sec.  
60.112b(a)(1) (fixed roof and internal floating roof), the owner or 
operator shall meet the following requirements.
    (1) Furnish the Administrator with a report that describes the 
control equipment and certifies that the control equipment meets the 
specifications of Sec.  60.112b(a)(1) and Sec.  60.113b(a)(1). This 
report shall be an attachment to the notification required by Sec.  
60.7(a)(3).
    (2) Keep a record of each inspection performed as required by Sec.  
60.113b (a)(1), (a)(2), (a)(3), and (a)(4). Each record shall identify 
the storage vessel on which the inspection was performed and shall 
contain the date the vessel was inspected and the observed condition of 
each component of the control equipment (seals, internal floating roof, 
and fittings).
    (3) If any of the conditions described in Sec.  60.113b(a)(2) are 
detected during the annual visual inspection required by Sec.  
60.113b(a)(2), a report shall be furnished to the Administrator within 
30 days of the inspection. Each report shall identify the storage 
vessel, the nature of the defects, and the date the storage vessel was 
emptied or the nature of and date the repair was made.
    (4) After each inspection required by Sec.  60.113b(a)(3) that finds 
holes or tears in the seal or seal fabric, or defects in the internal 
floating roof, or other control equipment defects listed in Sec.  
60.113b(a)(3)(ii), a report shall be furnished to the Administrator 
within 30 days of the inspection. The report shall identify the storage 
vessel and the reason it did not meet the specifications of Sec.  
60.112b(a)(1) or Sec.  60.113b(a)(3) and list each repair made.
    (b) After installing control equipment in accordance with Sec.  
60.112b(a)(2) (external floating roof), the owner or operator shall meet 
the following requirements.
    (1) Furnish the Administrator with a report that describes the 
control equipment and certifies that the control equipment meets the 
specifications of Sec.  60.112b(a)(2) and Sec.  60.113b(b)(2), (b)(3), 
and (b)(4). This report shall be an attachment to the notification 
required by Sec.  60.7(a)(3).
    (2) Within 60 days of performing the seal gap measurements required 
by Sec.  60.113b(b)(1), furnish the Administrator with a report that 
contains:
    (i) The date of measurement.
    (ii) The raw data obtained in the measurement.

[[Page 433]]

    (iii) The calculations described in Sec.  60.113b (b)(2) and (b)(3).
    (3) Keep a record of each gap measurement performed as required by 
Sec.  60.113b(b). Each record shall identify the storage vessel in which 
the measurement was performed and shall contain:
    (i) The date of measurement.
    (ii) The raw data obtained in the measurement.
    (iii) The calculations described in Sec.  60.113b (b)(2) and (b)(3).
    (4) After each seal gap measurement that detects gaps exceeding the 
limitations specified by Sec.  60.113b(b)(4), submit a report to the 
Administrator within 30 days of the inspection. The report will identify 
the vessel and contain the information specified in paragraph (b)(2) of 
this section and the date the vessel was emptied or the repairs made and 
date of repair.
    (c) After installing control equipment in accordance with Sec.  
60.112b (a)(3) or (b)(1) (closed vent system and control device other 
than a flare), the owner or operator shall keep the following records.
    (1) A copy of the operating plan.
    (2) A record of the measured values of the parameters monitored in 
accordance with Sec.  60.113b(c)(2).
    (d) After installing a closed vent system and flare to comply with 
Sec.  60.112b, the owner or operator shall meet the following 
requirements.
    (1) A report containing the measurements required by Sec.  60.18(f) 
(1), (2), (3), (4), (5), and (6) shall be furnished to the Administrator 
as required by Sec.  60.8 of the General Provisions. This report shall 
be submitted within 6 months of the initial start-up date.
    (2) Records shall be kept of all periods of operation during which 
the flare pilot flame is absent.
    (3) Semiannual reports of all periods recorded under Sec.  
60.115b(d)(2) in which the pilot flame was absent shall be furnished to 
the Administrator.

[52 FR 11429, Apr. 8, 1987, as amended at 86 FR 5019, Jan. 19, 2021]



Sec.  60.116b  Monitoring of operations.

    (a) The owner or operator shall keep copies of all records required 
by this section, except for the record required by paragraph (b) of this 
section, for at least 2 years. The record required by paragraph (b) of 
this section will be kept for the life of the source.
    (b) The owner or operator of each storage vessel as specified in 
Sec.  60.110b(a) shall keep readily accessible records showing the 
dimension of the storage vessel and an analysis showing the capacity of 
the storage vessel.
    (c) Except as provided in paragraphs (f) and (g) of this section, 
the owner or operator of each storage vessel either with a design 
capacity greater than or equal to 151 m\3\ storing a liquid with a 
maximum true vapor pressure greater than or equal to 3.5 kPa or with a 
design capacity greater than or equal to 75 m\3\ but less than 151 m\3\ 
storing a liquid with a maximum true vapor pressure greater than or 
equal to 15.0 kPa shall maintain a record of the VOL stored, the period 
of storage, and the maximum true vapor pressure of that VOL during the 
respective storage period.
    (d) Except as provided in paragraph (g) of this section, the owner 
or operator of each storage vessel either with a design capacity greater 
than or equal to 151 m\3\ storing a liquid with a maximum true vapor 
pressure that is normally less than 5.2 kPa or with a design capacity 
greater than or equal to 75 m\3\ but less than 151 m\3\ storing a liquid 
with a maximum true vapor pressure that is normally less than 27.6 kPa 
shall notify the Administrator within 30 days when the maximum true 
vapor pressure of the liquid exceeds the respective maximum true vapor 
vapor pressure values for each volume range.
    (e) Available data on the storage temperature may be used to 
determine the maximum true vapor pressure as determined below.
    (1) For vessels operated above or below ambient temperatures, the 
maximum true vapor pressure is calculated based upon the highest 
expected calendar-month average of the storage temperature. For vessels 
operated at ambient temperatures, the maximum true vapor pressure is 
calculated based upon the maximum local monthly average ambient 
temperature as reported by the National Weather Service.
    (2) For crude oil or refined petroleum products the vapor pressure 
may be obtained by the following:

[[Page 434]]

    (i) Available data on the Reid vapor pressure and the maximum 
expected storage temperature based on the highest expected calendar-
month average temperature of the stored product may be used to determine 
the maximum true vapor pressure from nomographs contained in API 
Bulletin 2517 (incorporated by reference--see Sec.  60.17), unless the 
Administrator specifically requests that the liquid be sampled, the 
actual storage temperature determined, and the Reid vapor pressure 
determined from the sample(s).
    (ii) The true vapor pressure of each type of crude oil with a Reid 
vapor pressure less than 13.8 kPa or with physical properties that 
preclude determination by the recommended method is to be determined 
from available data and recorded if the estimated maximum true vapor 
pressure is greater than 3.5 kPa.
    (3) For other liquids, the vapor pressure:
    (i) May be obtained from standard reference texts, or
    (ii) Determined by ASTM D2879-83, 96, or 97 (incorporated by 
reference--see Sec.  60.17); or
    (iii) Measured by an appropriate method approved by the 
Administrator; or
    (iv) Calculated by an appropriate method approved by the 
Administrator.
    (f) The owner or operator of each vessel storing a waste mixture of 
indeterminate or variable composition shall be subject to the following 
requirements.
    (1) Prior to the initial filling of the vessel, the highest maximum 
true vapor pressure for the range of anticipated liquid compositions to 
be stored will be determined using the methods described in paragraph 
(e) of this section.
    (2) For vessels in which the vapor pressure of the anticipated 
liquid composition is above the cutoff for monitoring but below the 
cutoff for controls as defined in Sec.  60.112b(a), an initial physical 
test of the vapor pressure is required; and a physical test at least 
once every 6 months thereafter is required as determined by the 
following methods:
    (i) ASTM D2879-83, 96, or 97 (incorporated by reference--see Sec.  
60.17); or
    (ii) ASTM D323-82 or 94 (incorporated by reference--see Sec.  
60.17); or
    (iii) As measured by an appropriate method as approved by the 
Administrator.
    (g) The owner or operator of each vessel equipped with a closed vent 
system and control device meeting the specification of Sec.  60.112b or 
with emissions reductions equipment as specified in 40 CFR 65.42(b)(4), 
(b)(5), (b)(6), or (c) is exempt from the requirements of paragraphs (c) 
and (d) of this section.

[52 FR 11429, Apr. 8, 1987, as amended at 65 FR 61756, Oct. 17, 2000; 65 
FR 78276, Dec. 14, 2000; 68 FR 59333, Oct. 15, 2003]



Sec.  60.117b  Delegation of authority.

    (a) In delegating implementation and enforcement authority to a 
State under section 111(c) of the Act, the authorities contained in 
paragraph (b) of this section shall be retained by the Administrator and 
not transferred to a State.
    (b) Authorities which will not be delegated to States: Sec. Sec.  
60.111b(f)(4), 60.114b, 60.116b(e)(3)(iii), 60.116b(e)(3)(iv), and 
60.116b(f)(2)(iii).

[52 FR 11429, Apr. 8, 1987, as amended at 52 FR 22780, June 16, 1987]



     Subpart L_Standards of Performance for Secondary Lead Smelters



Sec.  60.120  Applicability and designation of affected facility.

    (a) The provisions of this subpart are applicable to the following 
affected facilities in secondary lead smelters: Pot furnaces of more 
than 250 kg (550 lb) charging capacity, blast (cupola) furnaces, and 
reverberatory furnaces.
    (b) Any facility under paragraph (a) of this section that commences 
construction or modification after June 11, 1973, is subject to the 
requirements of this subpart.

[42 FR 37937, July 25, 1977]



Sec.  60.121  Definitions.

    As used in this subpart, all terms not defined herein shall have the 
meaning given them in the Act and in subpart A of this part.

[[Page 435]]

    (a) Reverberatory furnace includes the following types of 
reverberatory furnaces: stationary, rotating, rocking, and tilting.
    (b) Secondary lead smelter means any facility producing lead from a 
leadbearing scrap material by smelting to the metallic form.
    (c) Lead means elemental lead or alloys in which the predominant 
component is lead.
    (d) Blast furnace means any furnace used to recover metal from slag.

[39 FR 9317, Mar. 8, 1974; 39 FR 13776, Apr. 17, 1974, as amended at 65 
FR 61756, Oct. 17, 2000]



Sec.  60.122  Standard for particulate matter.

    (a) On and after the date on which the performance test required to 
be conducted by Sec.  60.8 is completed, no owner or operator subject to 
the provisions of this subpart shall discharge or cause the discharge 
into the atmosphere from a blast (cupola) or reverberatory furnace any 
gases which:
    (1) Contain particulate matter in excess of 50 mg/dscm (0.022 gr/
dscf).
    (2) Exhibit 20 percent opacity or greater.
    (b) On and after the date on which the performance test required to 
be conducted by Sec.  60.8 is completed, no owner or operator subject to 
the provisions of this subpart shall discharge or cause the discharge 
into the atmosphere from any pot furnace any gases which exhibit 10 
percent opacity or greater.

[39 FR 9317, Mar. 8, 1974, as amended at 40 FR 46259, Oct. 6, 1975]



Sec.  60.123  Test methods and procedures.

    (a) In conducting the performance tests required in Sec.  60.8, the 
owner or operator shall use as reference methods and procedures the test 
methods in appendix A of this part or other methods and procedures as 
specified in this section, except as provided in Sec.  60.8(b).
    (b) The owner or operator shall determine compliance with the 
particulate matter standards in Sec.  60.122 as follows:
    (1) Method 5 shall be used to determine the particulate matter 
concentration during representative periods of furnace operation, 
including charging and tapping. The sampling time and sample volume for 
each run shall be at least 60 minutes and 0.90 dscm (31.8 dscf).
    (2) Method 9 and the procedures in Sec.  60.11 shall be used to 
determine opacity.

[54 FR 6667, Feb. 14, 1989]



   Subpart M_Standards of Performance for Secondary Brass and Bronze 
                            Production Plants



Sec.  60.130  Applicability and designation of affected facility.

    (a) The provisions of this subpart are applicable to the following 
affected facilities in secondary brass or bronze production plants: 
Reverberatory and electric furnaces of 1,000 kg (2205 lb) or greater 
production capacity and blast (cupola) furnaces of 250 kg/h (550 lb/h) 
or greater production capacity. Furnaces from which molten brass or 
bronze are cast into the shape of finished products, such as foundry 
furnaces, are not considered to be affected facilities.
    (b) Any facility under paragraph (a) of this section that commences 
construction or modification after June 11, 1973, is subject to the 
requirements of this subpart.

[42 FR 37937, July 25, 1977, as amended at 49 FR 43618, Oct. 30, 1984]



Sec.  60.131  Definitions.

    As used in this subpart, all terms not defined herein shall have the 
meaning given them in the Act and in subpart A of this part.
    (a) Brass or bronze means any metal alloy containing copper as its 
predominant constituent, and lesser amounts of zinc, tin, lead, or other 
metals.
    (b) Reverberatory furnace includes the following types of 
reverberatory furnaces: Stationary, rotating, rocking, and tilting.
    (c) Electric furnace means any furnace which uses electricity to 
produce over 50 percent of the heat required in the production of 
refined brass or bronze.
    (d) Blast furnace means any furnace used to recover metal from slag.

[39 FR 9318, Mar. 8, 1974]

[[Page 436]]



Sec.  60.132  Standard for particulate matter.

    (a) On and after the date on which the performance test required to 
be conducted by Sec.  60.8 is completed, no owner or operator subject to 
the provisions of this subpart shall discharge or cause the discharge 
into the atmosphere from a reverberatory furnace any gases which:
    (1) Contain particulate matter in excess of 50 mg/dscm (0.022 gr/
dscf).
    (2) Exhibit 20 percent opacity or greater.
    (b) On and after the date on which the performance test required to 
be conducted by Sec.  60.8 is completed, no owner or operator subject to 
the provisions of this subpart shall discharge or cause the discharge 
into the atmosphere from any blast (cupola) or electric furnace any 
gases which exhibit 10 percent opacity or greater.

[39 FR 9318, Mar. 8, 1974, as amended at 40 FR 46259, Oct. 6, 1975]



Sec.  60.133  Test methods and procedures.

    (a) In conducting performance tests required in Sec.  60.8, the 
owner or operator shall use as reference methods and procedures the test 
methods in appendix A of this part or other methods and procedures as 
specified in this section, except as provided in Sec.  60.8(b).
    (b) The owner or operator shall determine compliance with the 
particulate matter standards in Sec.  60.132 as follows:
    (1) Method 5 shall be used to determine the particulate matter 
concentration during representative periods of charging and refining, 
but not during pouring of part of the production cycle. The sampling 
time and sample volume for each run shall be at least 120 minutes and 
1.80 dscm (63.6 dscf).
    (2) Method 9 and the procedures in Sec.  60.11 shall be used to 
determine opacity.

[54 FR 6667, Feb. 14, 1989, as amended at 65 FR 61756, Oct. 17, 2000]



  Subpart N_Standards of Performance for Primary Emissions from Basic 
 Oxygen Process Furnaces for Which Construction is Commenced After June 
                                11, 1973



Sec.  60.140  Applicability and designation of affected facility.

    (a) The affected facility to which the provisions of this subpart 
apply is each basic oxygen process furnace.
    (b) Any facility under paragraph (a) of this section that commences 
construction or modification after June 11, 1973, is subject to the 
requirements of this subpart.

[42 FR 37937, July 25, 1977]



Sec.  60.141  Definitions.

    As used in this subpart, all terms not defined herein shall have the 
meaning given them in the Act and in subpart A of this part.
    (a) Basic oxygen process furnace (BOPF) means any furnace with a 
refractory lining in which molten steel is produced by charging scrap 
metal, molten iron, and flux materials or alloy additions into a vessel 
and introducing a high volume of oxygen-rich gas. Open hearth, blast, 
and reverberatory furnaces are not included in this definition.
    (b) Primary emissions means particulate matter emissions from the 
BOPF generated during the steel production cycle and captured by the 
BOPF primary control system.
    (c) Primary oxygen blow means the period in the steel production 
cycle of a BOPF during which a high volume of oxygen-rich gas is 
introduced to the bath of molten iron by means of a lance inserted from 
the top of the vessel or through tuyeres in the bottom or through the 
bottom and sides of the vessel. This definition does not include any 
additional or secondary oxygen blows made after the primary blow or the 
introduction of nitrogen or other inert gas through tuyeres in the 
bottom or bottom and sides of the vessel.
    (d) Steel production cycle means the operations conducted within the 
BOPF steelmaking facility that are required to produce each batch of 
steel and includes the following operations: scrap

[[Page 437]]

charging, preheating (when used), hot metal charging, primary oxygen 
blowing, sampling (vessel turndown and turnup), additional oxygen 
blowing (when used), tapping, and deslagging. This definition applies to 
an affected facility constructed, modified, or reconstructed after 
January 20, 1983. For an affected facility constructed, modified, or 
reconstructed after June 11, 1973, but on or before January 20, 1983, 
steel production cycle means the operations conducted within the BOPF 
steelmaking facility that are required to produce each batch of steel 
and includes the following operations: scrap charging, preheating (when 
used), hot metal charging, primary oxygen blowing, sampling (vessel 
turndown and turnup), additional oxygen blowing (when used), and 
tapping.

[39 FR 9318, Mar. 8, 1974, as amended at 51 FR 160, Jan. 2, 1986]



Sec.  60.142  Standard for particulate matter.

    (a) Except as provided under paragraph (b) of this section, on and 
after the date on which the performance test required to be conducted by 
Sec.  60.8 is completed, no owner or operator subject to the provisions 
of this subpart shall discharge or cause the discharge into the 
atmosphere from any affected facility any gases which:
    (1) Contain particulate matter in excess of 50 mg/dscm (0.022 gr/
dscf).
    (2) Exit from a control device and exhibit 10 percent opacity or 
greater, except that an opacity of greater than 10 percent but less than 
20 percent may occur once per steel production cycle.
    (b) For affected facilities constructed, modified, or reconstructed 
after January 20, 1983, the following limits shall apply:
    (1) On or after the date on which the performance test under Sec.  
60.8 is required to be completed, no owner or operator of an affected 
facility for which open hooding is the method for controlling primary 
emissions shall cause to be discharged to the atmosphere any gases that:
    (i) Contain particulate matter in excess of 50 mg/dscm (0.022 gr/
dscf), as measured for the primary oxygen blow.
    (ii) Exit from a control device not used solely for the collection 
of secondary emissions, as defined in Sec.  60.141a, and exhibit 10 
percent opacity or greater, except that an opacity greater than 10 
percent but less than 20 percent may occur once per steel production 
cycle.
    (2) On or after the date on which the performance test required by 
Sec.  60.8 is completed, no owner or operator of an affected facility 
for which closed hooding is the method for controlling primary emissions 
shall cause to be discharged into the atmosphere any gases that:
    (i) Contain particulate matter in excess of 68 mg/dscm (0.030 gr/
dscf), as measured for the primary oxygen blow.
    (ii) Exit from a control device not used solely for the collection 
of secondary emissions, as defined in Sec.  60.141a, and exhibit 10 
percent opacity or greater, except that an opacity greater than 10 
percent but less than 20 percent may occur once per steel production 
cycle.
    (c) On and after the date on which the performance test required by 
Sec.  60.8 is completed, each owner or operator of an affected facility 
subject to paragraph (b) of this section shall operate the primary gas 
cleaning system during any reblow in a manner identical to operation 
during the primary oxygen blow.

[39 FR 9318, Mar. 8, 1974, as amended at 43 FR 15602, Apr. 13, 1978; 51 
FR 161, Jan. 2, 1986]



Sec.  60.143  Monitoring of operations.

    (a) The owner or operator of an affected facility shall maintain a 
single time-measuring instrument which shall be used in recording daily 
the time and duration of each steel production cycle, and the time and 
duration of any diversion of exhaust gases from the main stack servicing 
the BOPF.
    (b) The owner or operator of any affected facility that uses venturi 
scrubber emission control equipment shall install, calibrate, maintain, 
and continuously operate monitoring devices as follows:
    (1) A monitoring device for the continuous measurement of the 
pressure loss through the venturi constriction of the control equipment. 
The monitoring device is to be certified by the manufacturer to be 
accurate within 250 Pa (1 
inch water).

[[Page 438]]

    (2) A monitoring device for the continual measurement of the water 
supply pressure to the control equipment. The monitoring device is to be 
certified by the manufacturer to be accurate within 5 percent of the design water supply pressure. The 
monitoring device's pressure sensor or pressure tap must be located 
close to the water discharge point. The Administrator must be consulted 
for approval in advance of selecting alternative locations for the 
pressure sensor or tap.
    (3) All monitoring devices shall be synchronized each day with the 
time-measuring instrument used under paragraph (a) of this section. The 
chart recorder error directly after synchronization shall not exceed 
0.08 cm (\1/32\ inch).
    (4) All monitoring devices shall use chart recorders which are 
operated at a minimum chart speed of 3.8 cm/hr (1.5 in/hr).
    (5) All monitoring devices are to be recalibrated annually, and at 
other times as the Administrator may require, in accordance with the 
procedures under Sec.  60.13(b).
    (c) Any owner or operator subject to the requirements of paragraph 
(b) of this section shall report to the Administrator, on a semiannual 
basis, all measurements over any 3-hour period that average more than 10 
percent below the average levels maintained during the most recent 
performance test conducted under Sec.  60.8 in which the affected 
facility demonstrated compliance with the mass standards under Sec.  
60.142(a)(1), (b)(1)(i) or (b)(2)(i). The accuracy of the respective 
measurements, not to exceed the values specified in paragraphs (b)(1) 
and (b)(2) of this section, may be taken into consideration when 
determining the measurement results that must be reported.

[43 FR 15602, Apr. 13, 1978, as amended at 51 FR 161, Jan. 2, 1986; 54 
FR 6667, Feb. 14, 1989]



Sec.  60.144  Test methods and procedures.

    (a) In conducting the performance tests required in Sec.  60.8, the 
owner or operator shall use as reference methods and procedures the test 
methods in appendix A of this part or other methods and procedures as 
specified in this section, except as provided in Sec.  60.8(b).
    (b) The owner or operator shall determine compliance with the 
particulate matter standards in Sec.  60.142 as follows:
    (1) The time-measuring instrument of Sec.  60.143 shall be used to 
document the time and duration of each steel production cycle and each 
diversion period during each run.
    (2) Method 5 shall be used to determine the particulate matter 
concentration. The sampling time and sample volume for each run shall be 
at least 60 minutes and 1.50 dscm (53 dscf). Sampling shall be 
discontinued during periods of diversions.
    (i) For affected facilities that commenced construction, 
modification, or reconstruction on or before January 20, 1983, the 
sampling for each run shall continue for an integral number of steel 
production cycles. A cycle shall start at the beginning of either the 
scrap preheat or the oxygen blow and shall terminate immediately before 
tapping.
    (ii) For affected facilities that commenced construction, 
modification, or reconstruction after January 20, 1983, the sampling for 
each run shall continue for an integral number of primary oxygen blows.
    (3) Method 9 and the procedures in Sec.  60.11 shall be used to 
determine opacity. Observations taken during a diversion period shall 
not be used in determining compliance with the opacity standard. Opacity 
observations taken at 15-second intervals immediately before and after a 
diversion of exhaust gases from the stack may be considered to be 
consecutive for the purpose of computing an average opacity for a 6-
minute period.
    (c) The owner or operator shall use the monitoring devices of Sec.  
60.143(b)(1) and (2) for the duration of the particulate matter runs. 
The arithmetic average of all measurements taken during these runs shall 
be used to determine compliance with Sec.  60.143(c).

[54 FR 6667, Feb. 14, 1989, as amended at 65 FR 61756, Oct. 17, 2000]

[[Page 439]]



 Subpart Na_Standards of Performance for Secondary Emissions from Basic 
    Oxygen Process Steelmaking Facilities for Which Construction is 
                    Commenced After January 20, 1983

    Source: 51 FR 161, Jan. 2, 1986, unless otherwise noted.



Sec.  60.140a  Applicability and designation of affected facilities.

    (a) The provisions of this subpart apply to the following affected 
facilities in an iron and steel plant: top-blown BOPF's and hot metal 
transfer stations and skimming stations used with bottom-blown or top-
blown BOPF's.
    (b) This subpart applies to any facility identified in paragraph (a) 
of this section that commences construction, modification, or 
reconstruction after January 20, 1983.
    (c) Any BOPF subject to the provisions of this subpart is subject to 
those provisions of subpart N of this part applicable to affected 
facilities commencing construction, modification or reconstruction after 
January 20, 1983.



Sec.  60.141a  Definitions.

    All terms in this subpart not defined below are given the same 
meaning as in the Clean Air Act as amended or in subpart A of this part.
    Basic oxygen process furnace (BOPF) means any furnace with a 
refractory lining in which molten steel is produced by charging scrap 
metal, molten iron, and flux materials or alloy additions into a vessel 
and by introducing a high volume of oxygen-rich gas. Open hearth, blast, 
and reverberatory furnaces are not included in this definition.
    Bottom-blown furnace means any BOPF in which oxygen and other 
combustion gases are introduced to the bath of molten iron through 
tuyeres in the bottom of the vessel or through tuyeres in the bottom and 
sides of the vessel.
    Fume suppression system means the equipment comprising any system 
used to inhibit the generation of emissions from steelmaking facilities 
with an inert gas, flame, or steam blanket applied to the surface of 
molten iron or steel.
    Hot metal transfer station means the facility where molten iron is 
emptied from the railroad torpedo car or hot metal car to the shop 
ladle. This includes the transfer of molten iron from the torpedo car or 
hot metal car to a mixer (or other intermediate vessel) and from a mixer 
(or other intermediate vessel) to the ladle. This facility is also known 
as the reladling station or ladle transfer station.
    Primary emission control system means the combination of equipment 
used for the capture and collection of primary emissions (e.g., an open 
hood capture system used in conjunction with a particulate matter 
cleaning device such as an electrostatic precipitator or a closed hood 
capture system used in conjunction with a particulate matter cleaning 
device such as a scrubber).
    Primary emissions means particulate matter emissions from the BOPF 
generated during the steel production cycle which are captured by, and 
do not thereafter escape from, the BOPF primary control system.
    Primary oxygen blow means the period in the steel production cycle 
of a BOPF during which a high volume of oxygen-rich gas is introduced to 
the bath of molten iron by means of a lance inserted from the top of the 
vessel. This definition does not include any additional, or secondary, 
oxygen blows made after the primary blow.
    Secondary emission control system means the combination of equipment 
used for the capture and collection of secondary emissions (e.g.,
    (1) An open hood system for the capture and collection of primary 
and secondary emissions from the BOPF, with local hooding ducted to a 
secondary emission collection device such as a baghouse for the capture 
and collection of emissions from the hot metal transfer and skimming 
station; or
    (2) An open hood system for the capture and collection of primary 
and secondary emissions from the furnace, plus a furnace enclosure with 
local hooding ducted to a secondary emission collection device, such as 
a baghouse, for additional capture and collection of secondary emissions 
from

[[Page 440]]

the furnace, with local hooding ducted to a secondary emission 
collection device, such as a baghouse, for the capture and collection of 
emissions from hot metal transfer and skimming station; or
    (3) A furnace enclosure with local hooding ducted to a secondary 
emission collection device such as a baghouse for the capture and 
collection of secondary emissions from a BOPF controlled by a closed 
hood primary emission control system, with local hooding ducted to a 
secondary emission collection device, such as a baghouse, for the 
capture and collection of emissions from hot metal transfer and skimming 
stations).
    Secondary emissions means particulate matter emissions that are not 
captured by the BOPF primary control system, including emissions from 
hot metal transfer and skimming stations. This definition also includes 
particulate matter emissions that escape from openings in the primary 
emission control system, such as from lance hole openings, gaps or tears 
in the ductwork of the primary emission control system, or leaks in 
hoods.
    Skimming station means the facility where slag is mechanically raked 
from the top of the bath of molten iron.
    Steel production cycle means the operations conducted within the 
BOPF steelmaking facility that are required to produce each batch of 
steel, including the following operations: scrap charging, preheating 
(when used), hot metal charging, primary oxygen blowing, sampling 
(vessel turndown and turnup), additional oxygen blowing (when used), 
tapping, and deslagging. Hot metal transfer and skimming operations for 
the next steel production cycle are also included when the hot metal 
transfer station or skimming station is an affected facility.
    Top-blown furnace means any BOPF in which oxygen is introduced to 
the bath of molten iron by means of an oxygen lance inserted from the 
top of the vessel.



Sec.  60.142a  Standards for particulate matter.

    (a) Except as provided under paragraphs (b) and (c) of this section, 
on and after the date on which the performance test under Sec.  60.8 is 
required to be completed, no owner or operator subject to the provisions 
of this subpart shall cause to be discharged into the atmosphere from 
any affected facility any secondary emissions that:
    (1) Exit from the BOPF shop roof monitor (or other building 
openings) and exhibit greater than 10 percent opacity during the steel 
production cycle of any top-blown BOPF or during hot metal transfer or 
skimming operations for any bottom-blown BOPF; except that an opacity 
greater than 10 percent but less than 20 percent may occur once per 
steel production cycle.
    (2) Exit from a control device used solely for the collection of 
secondary emissions from a top-blown BOPF or from hot metal transfer or 
skimming for a top-blown or a bottom-blown BOPF and contain particulate 
matter in excess of 23 mg/dscm (0.010 gr/dscf).
    (3) Exit from a control device used solely for the collection of 
secondary emissions from a top-blown BOPF or from hot metal transfer or 
skimming for a top-blown or a bottom-blown BOPF and exhibit more than 5 
percent opacity.
    (b) A fume suppression system used to control secondary emissions 
from an affected facility is not subject to paragraphs (a)(2) and (a)(3) 
of this section.
    (c) A control device used to collect both primary and secondary 
emissions from a BOPF is not subject to paragraphs (a)(2) and (a)(3) of 
this section.



Sec.  60.143a  Monitoring of operations.

    (a) Each owner or operator of an affected facility shall install, 
calibrate, operate, and maintain a monitoring device that continually 
measures and records for each steel production cycle the various rates 
or levels of exhaust ventilation at each phase of the cycle through each 
duct of the secondary emission capture system. The monitoring device or 
devices are to be placed at locations near each capture point of the 
secondary emission capture system to monitor the exhaust ventilation 
rates or levels adequately, or in alternative locations approved in 
advance by the Administrator.

[[Page 441]]

    (b) If a chart recorder is used, the owner or operator shall use 
chart recorders that are operated at a minimum chart speed of 3.8 cm/hr 
(1.5 in./hr).
    (c) All monitoring devices required by paragraph (a) of this section 
are to be certified by the manufacturer to be accurate to within 10 percent compared to Method 2 of appendix A of this 
part. The owner or operator shall recalibrate and check the device(s) 
annually and at other times as the Administrator may require, in 
accordance with the written instructions of the manufacturer and by 
comparing the device against Method 2.
    (d) Each owner or operator subject to the requirements of paragraph 
(a) of this section shall report on a semiannual basis all measurements 
of exhaust ventilation rates or levels over any 3-hour period that 
average more than 10 percent below the average rates or levels of 
exhaust ventilation maintained during the most recent performance test 
conducted under Sec.  60.8 in which the affected facility demonstrated 
compliance with the standard under Sec.  60.142a(a)(2). The accuracy of 
the respective measurements, not to exceed the values specified in 
paragraph (c) of this section, may be considered when determining the 
measurement results that must be reported.
    (e) If a scrubber primary emission control device is used to collect 
secondary emissions, the owner or operator shall report on a semiannual 
basis all measurements of exhaust ventilation rate over any 3-hour 
period that average more than 10 percent below the average levels 
maintained during the most recent performance test conducted under Sec.  
60.8 in which the affected facility demonstrated compliance with the 
standard under Sec.  60.142(a)(1).

[51 FR 161, Jan. 2, 1986, as amended at 65 FR 61756, Oct. 17, 2000]



Sec.  60.144a  Test methods and procedures.

    (a) In conducting the performance tests required in Sec.  60.8, the 
owner or operator shall use as reference methods and procedures the test 
methods in appendix A of this part or other methods and procedures as 
specified in this section, except as provided in Sec.  60.8(b).
    (b) The owner or operator shall determine compliance with the 
particulate matter standards in Sec.  60.142a as follows:
    (1) Start and end times of each steel production cycle during each 
run shall be recorded (see Sec.  60.145a (c) and (d) for the definitions 
of start and end times of a cycle).
    (2) Method 5 shall be used to determine the particulate matter 
concentration. Sampling shall be conducted only during the steel 
production cycle and for a sufficient number of steel production cycles 
to obtain a total sample volume of at least 5.67 dscm (200 dscf) for 
each run.
    (3) Method 9 and the procedures of Sec.  60.11 shall be used to 
determine opacity, except sections 2.4 and 2.5 of Method 9 shall be 
replaced with the following instructions for recording observations and 
reducing data:
    (i) Section 2.4. Opacity observations shall be recorded to the 
nearest 5 percent at 15-second intervals. During the initial performance 
test conducted pursuant to Sec.  60.8, observations shall be made and 
recorded in this manner for a minimum of three steel production cycles. 
During any subsequent compliance test, observations may be made for any 
number of steel production cycles, although, where conditions permit, 
observations will generally be made for a minimum of three steel 
production cycles.
    (ii) Section 2.5. Opacity shall be determined as an average of 12 
consecutive observations recorded at 15-second intervals. For each steel 
production cycle, divide the observations recorded into sets of 12 
consecutive observations. Sets need not be consecutive in time, and in 
no case shall two sets overlap. For each set of 12 observations, 
calculate the average by summing the opacity of 12 consecutive 
observations and dividing this sum by 12.
    (c) In complying with the requirements of Sec.  60.143a(c), the 
owner or operator shall conduct an initial test as follows:
    (1) For devices that monitor and record the exhaust ventilation 
rate, compare velocity readings recorded by the monitoring device 
against the velocity readings obtained by Method 2.

[[Page 442]]

Take Method 2 readings at a point or points that would properly 
characterize the monitoring device's performance and that would 
adequately reflect the various rates of exhaust ventilation. Obtain 
readings at sufficient intervals to obtain 12 pairs of readings for each 
duct of the secondary emission capture system. Compare the averages of 
the two sets to determine whether the monitoring device velocity is 
within 10 percent of the Method 2 average.
    (2) For devices that monitor the level of exhaust ventilation and 
record only step changes when a set point rate is reached, compare step 
changes recorded by the monitoring device against the velocity readings 
obtained by Method 2. Take Method 2 readings at a point or points that 
would properly characterize the performance of the monitoring device and 
that would adequately reflect the various rates of exhaust ventilation. 
Obtain readings at sufficient intervals to obtain 12 pairs of readings 
for each duct of the secondary emission capture system. Compare the 
averages of the two sets to determine whether the monitoring device step 
change is within 10 percent of the setpoint rate.
    (d) To comply with Sec.  60.143a(d) or (e), the owner or operator 
shall use the monitoring device of Sec.  60.143a(a) to determine the 
exhaust ventilation rates or levels during the particulate matter runs. 
Each owner or operator shall then use these rates or levels to determine 
the 3-hour averages required by Sec.  60.143a(d) and (e).

[51 FR 161, Jan. 2, 1986, as amended at 54 FR 6667, Feb. 14, 1989; 65 FR 
61756, Oct. 17, 2000]



Sec.  60.145a  Compliance provisions.

    (a) When determining compliance with mass and visible emission 
limits specified in Sec.  60.142a(a) (2) and (3), the owner or operator 
of a BOPF shop that normally operates two furnaces with overlapping 
cycles may elect to operate only one furnace. If an owner or operator 
chooses to shut down one furnace, he shall be allowed a reasonable time 
period to adjust his production schedule before the compliance tests are 
conducted. The owner or operator of an affected facility may also elect 
to suspend shop operations not subject to this subpart during compliance 
testing.
    (b) During compliance testing for mass and visible emission 
standards, if an owner or operator elects to shut down one furnace in a 
shop that normally operates two furnaces with overlapping cycles, the 
owner or operator shall operate the secondary emission control system 
for the furnace being tested at exhaust ventilation rates or levels for 
each duct of the secondary emission control system that are appropriate 
for single-furnace operation. Following the compliance test, the owner 
or operator shall operate the secondary emission control system at 
exhaust ventilation rates or levels for each duct of the system that are 
no lower than 90 percent of the exhaust ventilation values established 
during the most recent compliance test.
    (c) For the purpose of determining compliance with visible and mass 
emission standards, a steel production cycle begins when the scrap or 
hot metal is charged to the vessel (whichever operation occurs first) 
and terminates 3 minutes after slag is emptied from the vessel into the 
slag pot. Consecutive steel production cycles are not required for the 
purpose of determining compliance. Where a hot metal transfer or 
skimming station is an affected facility, the steel production cycle 
also includes the hot metal transfer or skimming operation for the next 
steel production cycle for the affected vessel. Visible emission 
observations for both hot metal transfer and skimming operations begin 
with the start of the operation and terminate 3 minutes after completion 
of the operation.
    (d) For the purpose of determining compliance with visible emission 
standards specified in Sec.  60.142a(a) (1) and (3), the starting and 
stopping times of regulated process operations shall be determined and 
the starting and stopping times of visible emissions data sets shall be 
determined accordingly.
    (e) To determine compliance with Sec.  60.142a(a)(1), select the 
data sets yielding the highest and second highest 3-minute average 
opacities for each steel production cycle. Compliance is achieved if the 
highest 3-minute average for each cycle observed is less than 20 percent 
and the second highest 3-minute average is 10 percent or less.

[[Page 443]]

    (f) To determine compliance with Sec.  60.142(a)(2), determine the 
concentration of particulate matter in exhaust gases exiting the 
secondary emission collection device with Method 5. Compliance is 
achieved if the concentration of particulate matter does not exceed 23 
mg/dscm (0.010 gr/dscf).
    (g) To determine compliance with Sec.  60.142a(a)(3), construct 
consecutive 3-minute averages for each steel production cycle. 
Compliance is achieved if no 3-minute average is more than 5 percent.

[51 FR 161, Jan. 2, 1986, as amended at 65 FR 61756, Oct. 17, 2000]



     Subpart O_Standards of Performance for Sewage Treatment Plants



Sec.  60.150  Applicability and designation of affected facility.

    (a) The affected facility is each incinerator that combusts wastes 
containing more than 10 percent sewage sludge (dry basis) produced by 
municipal sewage treatment plants, or each incinerator that charges more 
than 1000 kg (2205 lb) per day municipal sewage sludge (dry basis).
    (b) Any facility under paragraph (a) of this section that commences 
construction or modification after June 11, 1973, is subject to the 
requirements of this subpart.

[42 FR 58521, Nov. 10, 1977]



Sec.  60.151  Definitions.

    As used in this subpart, all terms not defined herein shall have the 
meaning given them in the Act and in subpart A of this part.

[39 FR 9319, Mar. 8, 1974]



Sec.  60.152  Standard for particulate matter.

    (a) On and after the date on which the performance test required to 
be conducted by Sec.  60.8 is completed, no owner or operator of any 
sewage sludge incinerator subject to the provisions of this subpart 
shall discharge or cause the discharge into the atmosphere of:
    (1) Particulate matter at a rate in excess of 0.65 g/kg dry sludge 
input (1.30 lb/ton dry sludge input).
    (2) Any gases which exhibit 20 percent opacity or greater.

[39 FR 9319, Mar. 8, 1974, as amended at 40 FR 46259, Oct. 6, 1975]



Sec.  60.153  Monitoring of operations.

    (a) The owner or operator of any sludge incinerator subject to the 
provisions of this subpart shall:
    (1) Install, calibrate, maintain, and operate a flow measuring 
device which can be used to determine either the mass or volume of 
sludge charged to the incinerator. The flow measuring device shall be 
certified by the manufacturer to have an accuracy of 5 percent over its operating range. Except as provided 
in paragraph (d) of this section, the flow measuring device shall be 
operated continuously and data recorded during all periods of operation 
of the incinerator.
    (2) Provide access to the sludge charged so that a well-mixed 
representative grab sample of the sludge can be obtained.
    (3) Install, calibrate, maintain, and operate a weighing device for 
determining the mass of any municipal solid waste charged to the 
incinerator when sewage sludge and municipal solid waste are incinerated 
together. The weighing device shall have an accuracy of 5 percent over its operating range.
    (b) The owner or operator of any multiple hearth, fluidized bed, or 
electric sludge incinerator subject to the provisions of this subpart 
shall comply with the requirements of paragraph (a) of this section and:
    (1) For incinerators equipped with a wet scrubbing device, install, 
calibrate, maintain and operate a monitoring device that continuously 
measures and records the pressure drop of the gas flow through the wet 
scrubbing device. Where a combination of wet scrubbers is used in 
series, the pressure drop of the gas flow through the combined system 
shall be continuously monitored. The device used to monitor scrubber 
pressure drop shall be certified by the manufacturer to be accurate 
within 250 pascals (1 inch 
water gauge) and shall be calibrated on an annual basis in accordance 
with the manufacturer's instructions.

[[Page 444]]

    (2) Install, calibrate, maintain and operate a monitoring device 
that continuously measures and records the oxygen content of the 
incinerator exhaust gas. The oxygen monitor shall be located upstream of 
any rabble shaft cooling air inlet into the incinerator exhaust gas 
stream, fan, ambient air recirculation damper, or any other source of 
dilution air. The oxygen monitoring device shall be certified by the 
manufacturer to have a relative accurancy of 5 
percent over its operating range and shall be calibrated according to 
method(s) prescribed by the manufacturer at least once each 24-hour 
operating period.
    (3) Install, calibrate, maintain and operate temperature measuring 
devices at every hearth in multiple hearth furnaces; in the bed and 
outlet of fluidized bed incinerators; and in the drying, combustion, and 
cooling zones of electric incinerators. For multiple hearth furnaces, a 
minimum of one temperature measuring device shall be installed in each 
hearth in the cooling and drying zones, and a minimum of two temperature 
measuring devices shall be installed in each hearth in the combustion 
zone. For electric incinerators, a minimum of one temperature measuring 
device shall be installed in the drying zone and one in the cooling 
zone, and a minimum of two temperature measuring devices shall be 
installed in the combustion zone. Each temperature measuring device 
shall be certified by the manufacturer to have an accuracy of 5 percent over its operating range. Except as provided 
in paragraph (d) of this section, the temperature monitoring devices 
shall be operated continuously and data recorded during all periods of 
operation of the incinerator.
    (4) Install, calibrate, maintain and operate a device for measuring 
the fuel flow to the incinerator. The flow measuring device shall be 
certified by the manufacturer to have an accuracy of 5 percent over its operating range. Except as provided 
in paragraph (d) of the section, the fuel flow measuring device shall be 
operated continuously and data recorded during all periods of operation 
of the incinerator.
    (5) Except as provided in paragraph (d) of this section, collect and 
analyze a grab sample of the sludge fed to the incinerator once per day. 
The dry sludge content and the volatile solids content of the sample 
shall be determined in accordance with the method specified under Sec.  
60.154(b)(5), except that the determination of volatile solids, step 
(3)(b) of the method, may not be deleted.
    (c) The owner or operator of any multiple hearth, fluidized bed, or 
electric sludge incinerator subject to the provisions of this subpart 
shall retain the following information and make it available for 
inspection by the Administrator for a minimum of 2 years:
    (1) For incinerators equipped with a wet scrubbing device, a record 
of the measured pressure drop of the gas flow through the wet scrubbing 
device, as required by paragraph (b)(1) of this section.
    (2) A record of the measured oxygen content of the incinerator 
exhaust gas, as required by paragraph (b)(2) of this section.
    (3) A record of the rate of sludge charged to the incinerator, the 
measured temperatures of the incinerator, the fuel flow to the 
incinerator, and the total solids and volatile solids content of the 
sludge charged to the incinerator, as required by paragraphs (a)(1), 
(b)(3), (b)(4), and (b)(5) of this section.
    (d) The owner or operator of any multiple hearth, fluidized bed, or 
electric sludge incinerator subject to the provisions of this subpart 
from which the particulate matter emission rate measured during the 
performance test required under Sec.  60.154(d) is less than or equal to 
0.38 g/kg of dry sludge input (0.75 lb/ton) shall be required to comply 
with the requirements in paragraphs (a), (b), and (c) of this section 
during all periods of this incinerator following the performance test 
except that:
    (1) Continuous operation of the monitoring devices and data 
recorders in paragraphs (a)(1), (b)(3), and (b)(4) of this section shall 
not be required.
    (2) Daily sampling and analysis of sludge feed in paragraph (b)(5) 
of this section shall not be required.
    (3) Recordkeeping specified in paragraph (c)(3) of this section 
shall not be required.

[[Page 445]]

    (e) The owner or operator of any sludge incinerator other than a 
multiple hearth, fluidized bed, or electric incinerator or any sludge 
incinerator equipped with a control device other than a wet scrubber 
shall submit to the Administrator for approval a plan for monitoring and 
recording incinerator and control device operation parameters. The plan 
shall be submitted to the Administrator:
    (1) No later than 90 days after October 6, 1988, for sources which 
have provided notification of commencement of construction prior to 
October 6, 1988.
    (2) No later than 90 days after the notification of commencement of 
construction, for sources which provide notification of commencement of 
construction on or after October 6, 1988.
    (3) At least 90 days prior to the date on which the new control 
device becomes operative, for sources switching to a control device 
other than a wet scrubber.

[36 FR 24877, Dec. 23, 1971, as amended at 53 FR 39416, Oct. 6, 1988; 65 
FR 61756, Oct. 17, 2000]



Sec.  60.154  Test methods and procedures.

    (a) In conducting the performance tests required in Sec.  60.8, the 
owner or operator shall use as reference methods and procedures the test 
methods in appendix A of this part or other methods and procedures as 
specified in this section, except as provided for in Sec.  60.8(b).
    (b) The owner or operator shall determine compliance with the 
particulate matter emission standards in Sec.  60.152 as follows:
    (1) The emission rate (E) of particulate matter for each run shall 
be computed using the following equation:
[GRAPHIC] [TIFF OMITTED] TR17OC00.005

Where:

E = Emission rate of particulate matter, g/kg (lb/ton) of dry sludge 
          input.
cs = Concentration of particulate matter, g/dscm (gr/dscf).
Qsd = Volumetric flow rate of effluent gas, dscm/hr (dscf/
          hr).
S = Charging rate of dry sludge during the run, kg/hr (ton/hr).
K = Conversion factor, 1.0 g/g (7,000 gr/lb).

    (2) Method 5 shall be used to determine the particulate matter 
concentration (cs) and the volumetric flow rate 
(Qsd) of the effluent gas. The sampling time and sample 
volume for each run shall be at least 60 minutes and 0.90 dscm (31.8 
dscf).
    (3) The dry sludge charging rate (S) for each run shall be computed 
using either of the following equations:
[GRAPHIC] [TIFF OMITTED] TR17OC00.006

Where:

S = Charging rate of dry sludge, kg/hr (ton/hr).
Sm = Total mass of sludge charge, kg (ton).
Rdm = Average mass of dry sludge per unit mass of sludge 
          charged, kg/kg (ton/ton).
[thetas] = Duration of run, hr.
Sv = Total volume of sludge charged, m\3\ (gal).
Rdv = Average mass of dry sludge per unit volume of sludge 
          charged, kg/m\3\ (lb/gal).
Kv = Conversion factor, 1 g/g (2,000 lb/ton).

    (4) the flow measuring device of Sec.  60.153(a)(1) shall be used to 
determine the total mass (Sm) or volume (Sv) of 
sludge charged to the incinerator during each run. If the flow measuring 
device is on a time rate basis, readings shall be taken and recorded at 
5-minute intervals during the run and the total charge of sludge shall 
be computed using the following equations, as applicable:
[GRAPHIC] [TIFF OMITTED] TR17OC00.007

[GRAPHIC] [TIFF OMITTED] TR17OC00.008

Where:

Sm = Total mass of sludge charged to the incinerator during 
          the test run.
Sv = Total volume of sludge charged to the incinerator during 
          the test run.
Qmi = Average mass flow rate calculated by averaging the flow 
          rates at the beginning and end of each interval ``i,'' kg/hr 
          (ton/hr).
Qvi = Average volume flow rate calculated by averaging the 
          flow rates at the beginning and end of each interval ``i,'' 
          m\3\/hr (gal/hr).
[thetas]i = Duration of interval ``i,'' hr.

    (5) Samples of the sludge charged to the incinerator shall be 
collected in nonporous jars at the beginning of each

[[Page 446]]

run and at approximately 1-hour intervals thereafter until the test 
ends; and ``2540 G. Total, Fixed, and Volatile Solids in Solid and 
Semisolid Samples, in Standard Methods for the Examination of Water and 
Wastewater, 20th Edition, 1998'' (incorporated by reference--see Sec.  
60.17) shall be used to determine dry sludge content of each sample 
(total solids residue), except that:
    (i) Evaporating dishes shall be ignited to at least 103 [deg]C 
rather than the 550 [deg]C specified in step 3(a)(1).
    (ii) Determination of volatile residue, step 3(b) may be deleted.
    (iii) The quantity of dry sludge per unit sludge charged shall be 
determined in terms of kg/m\3\ (lb/gal) or kg/kg (ton/ton).
    (iv) The average dry sludge content shall be the arithmetic average 
of all the samples taken during the run.
    (6) Method 9 and the procedures in Sec.  60.11 shall be used to 
determine opacity.
    (c) [Reserved]
    (d) The owner or operator of any sludge incinerator subject to the 
provisions of this subpart shall conduct a performance test during which 
the monitoring and recording devices required under Sec.  60.153(a)(1), 
(b)(1), (b)(2), (b)(3), and (b)(4) are installed and operating and for 
which the sampling and analysis procedures required under Sec.  
60.153(b)(5) are performed. The owner or operator shall provide the 
Administrator at least 30 days prior notice of the performance test to 
afford the Administrator the opportunity to have an observer present.
    (1) For incinerators that commenced construction or modification on 
or before April 18, 1986, the performance test shall be conducted within 
360 days of the effective date of these regulations unless the 
monitoring and recording devices required under Sec.  60.153(a)(1), 
(b)(1), (b)(2), (b)(3), and (b)(4) were installed and operating and the 
sampling and analysis procedures required under Sec.  60.153(b)(5) were 
performed during the most recent performance test and a record of the 
measurements taken during the performance test is available.
    (2) For incinerators that commence construction or modification 
after April 18, 1986, the date of the performance test shall be 
determined by the requirements in Sec.  60.8.

[54 FR 6668, Feb. 14, 1989, as amended at 54 FR 27015, June 27, 1989; 59 
FR 5108, Feb. 3, 1994; 65 FR 61756, Oct. 17, 2000; 79 FR 11250, Feb. 27, 
2014]



Sec.  60.155  Reporting.

    (a) The owner or operator of any multiple hearth, fluidized bed, or 
electric sludge incinerator subject to the provisions of this subpart 
shall submit to the Administrator semi-annually a report in writing 
which contains the following:
    (1) A record of average scrubber pressure drop measurements for each 
period of 15 minutes duration or more during which the pressure drop of 
the scrubber was less than, by a percentage specified below, the average 
scrubber pressure drop measured during the most recent performance test. 
The percent reduction in scrubber pressure drop for which a report is 
required shall be determined as follows:
    (i) For incinerators that achieved an average particulate matter 
emission rate of 0.38 kg/Mg (0.75 lb/ton) dry sludge input or less 
during the most recent performance test, a scrubber pressure drop 
reduction of more than 30 percent from the average scrubber pressure 
drop recorded during the most recent performance test shall be reported.
    (ii) For incinerators that achieved an average particulate matter 
emission rate of greater than 0.38 kg/Mg (0.75 lb/ton) dry sludge input 
during the most recent performance test, a percent reduction in pressure 
drop greater than that calculated according to the following equation 
shall be reported:

P=-111E + 72.15

where P = Percent reduction in pressure drop, and
E = Average particulate matter emissions (kg/megagram)

    (2) A record of average oxygen content in the incinerator exhaust 
gas for each period of 1-hour duration or more that the oxygen content 
of the incinerator exhaust gas exceeds the average oxygen content 
measured during the most recent performance test by more than 3 percent.

[[Page 447]]

    (b) The owner or operator of any multiple hearth, fluidized bed, or 
electric sludge incinerator from which the average particulate matter 
emission rate measured during the performance test required under Sec.  
60.154(d) exceeds 0.38 g/kg of dry sludge input (0.75 lb/ton of dry 
sludge input) shall include in the report for each calendar day that a 
decrease in scrubber pressure drop or increase in oxygen content of 
exhaust gas is reported a record of the following:
    (1) Scrubber pressure drop averaged over each 1-hour incinerator 
operating period.
    (2) Oxygen content in the incinerator exhaust averaged over each 1-
hour incinerator operating period.
    (3) Temperatures of every hearth in multiple hearth incinerators; of 
the bed and outlet of fluidized bed incinerators; and of the drying, 
combustion, and cooling zones of electric incinerators averaged over 
each 1-hour incinerator operating period.
    (4) Rate of sludge charged to the incinerator averaged over each 1-
hour incinerator operating period.
    (5) Incinerator fuel use averaged over each 8-hour incinerator 
operating period.
    (6) Moisture and volatile solids content of the daily grab sample of 
sludge charged to the incinerator.
    (c) The owner or operator of any sludge incinerator other than a 
multiple hearth, fluidized bed, or electric incinerator or any sludge 
incinerator equipped with a control device other than a wet scrubber 
shall include in the semi-annual report a record of control device 
operation measurements, as specified in the plan approved under Sec.  
60.153(e).

[53 FR 39417, Oct. 6, 1988]



Sec.  60.156  Delegation of authority.

    (a) In delegating implementation and enforcement authority to a 
State under section 111(c) of the Act, the authorities contained in 
paragraph (b) of this section shall be retained by the Administrator and 
not transferred to a State.
    (b) Authorities which will not be delegated to States: Sec.  
60.153(e).

[53 FR 39418, Oct. 6, 1988]



     Subpart P_Standards of Performance for Primary Copper Smelters

    Source: 41 FR 2338, Jan. 15, 1976, unless otherwise noted.



Sec.  60.160  Applicability and designation of affected facility.

    (a) The provisions of this subpart are applicable to the following 
affected facilities in primary copper smelters: Dryer, roaster, smelting 
furnace, and copper converter.
    (b) Any facility under paragraph (a) of this section that commences 
construction or modification after October 16, 1974, is subject to the 
requirements of this subpart.

[42 FR 37937, July 25, 1977]



Sec.  60.161  Definitions.

    As used in this subpart, all terms not defined herein shall have the 
meaning given them in the Act and in subpart A of this part.
    (a) Primary copper smelter means any installation or any 
intermediate process engaged in the production of copper from copper 
sulfide ore concentrates through the use of pyrometallurgical 
techniques.
    (b) Dryer means any facility in which a copper sulfide ore 
concentrate charge is heated in the presence of air to eliminate a 
portion of the moisture from the charge, provided less than 5 percent of 
the sulfur contained in the charge is eliminated in the facility.
    (c) Roaster means any facility in which a copper sulfide ore 
concentrate charge is heated in the presence of air to eliminate a 
significant portion (5 percent or more) of the sulfur contained in the 
charge.
    (d) Calcine means the solid materials produced by a roaster.
    (e) Smelting means processing techniques for the melting of a copper 
sulfide ore concentrate or calcine charge leading to the formation of 
separate layers of molten slag, molten copper, and/or copper matte.
    (f) Smelting furnace means any vessel in which the smelting of 
copper sulfide ore concentrates or calcines is performed and in which 
the heat necessary for smelting is provided by an electric

[[Page 448]]

current, rapid oxidation of a portion of the sulfur contained in the 
concentrate as it passes through an oxidizing atmosphere, or the 
combustion of a fossil fuel.
    (g) Copper converter means any vessel to which copper matte is 
charged and oxidized to copper.
    (h) Sulfuric acid plant means any facility producing sulfuric acid 
by the contact process.
    (i) Fossil fuel means natural gas, petroleum, coal, and any form of 
solid, liquid, or gaseous fuel derived from such materials for the 
purpose of creating useful heat.
    (j) Reverberatory smelting furnace means any vessel in which the 
smelting of copper sulfide ore concentrates or calcines is performed and 
in which the heat necessary for smelting is provided primarily by 
combustion of a fossil fuel.
    (k) Total smelter charge means the weight (dry basis) of all copper 
sulfide ore concentrates processed at a primary copper smelter, plus the 
weight of all other solid materials introduced into the roasters and 
smelting furnaces at a primary copper smelter, except calcine, over a 
one-month period.
    (l) High level of volatile impurities means a total smelter charge 
containing more than 0.2 weight percent arsenic, 0.1 weight percent 
antimony, 4.5 weight percent lead or 5.5 weight percent zinc, on a dry 
basis.



Sec.  60.162  Standard for particulate matter.

    (a) On and after the date on which the performance test required to 
be conducted by Sec.  60.8 is completed, no owner or operator subject to 
the provisions of this subpart shall cause to be discharged into the 
atmosphere from any dryer any gases which contain particulate matter in 
excess of 50 mg/dscm (0.022 gr/dscf).



Sec.  60.163  Standard for sulfur dioxide.

    (a) On and after the date on which the performance test required to 
be conducted by Sec.  60.8 is completed, no owner or operator subject to 
the provisions of this subpart shall cause to be discharged into the 
atmosphere from any roaster, smelting furnace, or copper converter any 
gases which contain sulfur dioxide in excess of 0.065 percent by volume, 
except as provided in paragraphs (b) and (c) of this section.
    (b) Reverberatory smelting furnaces shall be exempted from paragraph 
(a) of this section during periods when the total smelter charge at the 
primary copper smelter contains a high level of volatile impurities.
    (c) A change in the fuel combusted in a reverberatory smelting 
furnace shall not be considered a modification under this part.



Sec.  60.164  Standard for visible emissions.

    (a) On and after the date on which the performance test required to 
be conducted by Sec.  60.8 is completed, no owner or operator subject to 
the provisions of this subpart shall cause to be discharged into the 
atmosphere from any dryer any visible emissions which exhibit greater 
than 20 percent opacity.
    (b) On and after the date on which the performance test required to 
be conducted by Sec.  60.8 is completed, no owner or operator subject to 
the provisions of this subpart shall cause to be discharged into the 
atmosphere from any affected facility that uses a sulfuric acid plant to 
comply with the standard set forth in Sec.  60.163, any visible 
emissions which exhibit greater than 20 percent opacity.



Sec.  60.165  Monitoring of operations.

    (a) The owner or operator of any primary copper smelter subject to 
Sec.  60.163 (b) shall keep a monthly record of the total smelter charge 
and the weight percent (dry basis) of arsenic, antimony, lead and zinc 
contained in this charge. The analytical methods and procedures employed 
to determine the weight of the total smelter charge and the weight 
percent of arsenic, antimony, lead and zinc shall be approved by the 
Administrator and shall be accurate to within plus or minus ten percent.
    (b) The owner or operator of any primary copper smelter subject to 
the provisions of this subpart shall install and operate:
    (1) A continuous monitoring system to monitor and record the opacity 
of gases discharged into the atmosphere

[[Page 449]]

from any dryer. The span of this system shall be set at 80 to 100 
percent opacity.
    (2) A continuous monitoring system to monitor and record sulfur 
dioxide emissions discharged into the atmosphere from any roaster, 
smelting furnace or copper converter subject to Sec.  60.163 (a). The 
span of this system shall be set at a sulfur dioxide concentration of 
0.20 percent by volume.
    (i) The continuous monitoring system performance evaluation required 
under Sec.  60.13(c) shall be completed prior to the initial performance 
test required under Sec.  60.8.
    (ii) For the purpose of the continuous monitoring system performance 
evaluation required under Sec.  60.13(c) the reference method referred 
to under the Relative Accuracy Test Procedure in Performance 
Specification 2 of appendix B to this part shall be Method 6. For the 
performance evaluation, each concentration measurement shall be of one 
hour duration. The pollutant gas used to prepare the calibration gas 
mixtures required under Performance Specification 2 of appendix B, and 
for calibration checks under Sec.  60.13 (d), shall be sulfur dioxide.
    (c) Six-hour average sulfur dioxide concentrations shall be 
calculated and recorded daily for the four consecutive 6-hour periods of 
each operating day. Each six-hour average shall be determined as the 
arithmetic mean of the appropriate six contiguous one-hour average 
sulfur dioxide concentrations provided by the continuous monitoring 
system installed under paragraph (b) of this section.
    (d) For the purpose of reports required under Sec.  60.7(c), periods 
of excess emissions that shall be reported are defined as follows:
    (1) Opacity. Any six-minute period during which the average opacity, 
as measured by the continuous monitoring system installed under 
paragraph (b) of this section, exceeds the standard under Sec.  
60.164(a).
    (2) Sulfur dioxide. All six-hour periods during which the average 
emissions of sulfur dioxide, as measured by the continuous monitoring 
system installed under paragraph (b) of this section, exceed the level 
of the standard. The Administrator will not consider emissions in excess 
of the level of the standard for less than or equal to 1.5 percent of 
the six-hour periods during the quarter as indicative of a potential 
violation of Sec.  60.11(d) provided the affected facility, including 
air pollution control equipment, is maintained and operated in a manner 
consistent with good air pollution control practice for minimizing 
emissions during these periods. Emissions in excess of the level of the 
standard during periods of startup, shutdown, and malfunction are not to 
be included within the 1.5 percent.

[41 FR 2338, Jan. 15, 1976; 41 FR 8346, Feb. 26, 1976, as amended at 42 
FR 57126, Nov. 1, 1977; 48 FR 23611, May 25, 1983; 54 FR 6668, Feb. 14, 
1989; 65 FR 61756, Oct. 17, 2000]



Sec.  60.166  Test methods and procedures.

    (a) In conducting performance tests required in Sec.  60.8, the 
owner or operator shall use as reference methods and procedures the test 
methods in appendix A of this part or other methods and procedures as 
specified in this section, except as provided in Sec.  60.8(b).
    (b) The owner or operator shall determine compliance with the 
particulate matter, sulfur dioxide (SO2) and visible emission 
standards in Sec. Sec.  60.162, 60.163, and 60.164 as follows:
    (1) Method 5 shall be used to determine the particulate matter 
concentration. The sampling time and sample volume for each run shall be 
at least 60 minutes and 0.85 dscm (30 dscf).
    (2) The continuous monitoring system of Sec.  60.165(b)(2) shall be 
used to determine the SO2 concentrations on a dry basis. The 
sampling time for each run shall be 6 hours, and the average 
SO2 concentration shall be computed for the 6-hour period as 
in Sec.  60.165(c). The monitoring system drift during the run may not 
exceed 2 percent of the span value.
    (3) Method 9 and the procedures in Sec.  60.11 shall be used to 
determine opacity.

[54 FR 6668, Feb. 14, 1989]



      Subpart Q_Standards of Performance for Primary Zinc Smelters

    Source: 41 FR 2340, Jan. 15, 1976, unless otherwise noted.

[[Page 450]]



Sec.  60.170  Applicability and designation of affected facility.

    (a) The provisions of this subpart are applicable to the following 
affected facilities in primary zinc smelters: roaster and sintering 
machine.
    (b) Any facility under paragraph (a) of this section that commences 
construction or modification after October 16, 1974, is subject to the 
requirements of this subpart.

[42 FR 37937, July 25, 1977]



Sec.  60.171  Definitions.

    As used in this subpart, all terms not defined herein shall have the 
meaning given them in the Act and in subpart A of this part.
    (a) Primary zinc smelter means any installation engaged in the 
production, or any intermediate process in the production, of zinc or 
zinc oxide from zinc sulfide ore concentrates through the use of 
pyrometallurgical techniques.
    (b) Roaster means any facility in which a zinc sulfide ore 
concentrate charge is heated in the presence of air to eliminate a 
significant portion (more than 10 percent) of the sulfur contained in 
the charge.
    (c) Sintering machine means any furnace in which calcines are heated 
in the presence of air to agglomerate the calcines into a hard porous 
mass called sinter.
    (d) Sulfuric acid plant means any facility producing sulfuric acid 
by the contact process.



Sec.  60.172  Standard for particulate matter.

    (a) On and after the date on which the performance test required to 
be conducted by Sec.  60.8 is completed, no owner or operator subject to 
the provisions of this subpart shall cause to be discharged into the 
atmosphere from any sintering machine any gases which contain 
particulate matter in excess of 50 mg/dscm (0.022 gr/dscf).



Sec.  60.173  Standard for sulfur dioxide.

    (a) On and after the date on which the performance test required to 
be conducted by Sec.  60.8 is completed, no owner or operator subject to 
the provisions of this subpart shall cause to be discharged into the 
atmosphere from any roaster any gases which contain sulfur dioxide in 
excess of 0.065 percent by volume.
    (b) Any sintering machine which eliminates more than 10 percent of 
the sulfur initially contained in the zinc sulfide ore concentrates will 
be considered as a roaster under paragraph (a) of this section.



Sec.  60.174  Standard for visible emissions.

    (a) On and after the date on which the performance test required to 
be conducted by Sec.  60.8 is completed, no owner or operator subject to 
the provisions of this subpart shall cause to be discharged into the 
atmosphere from any sintering machine any visible emissions which 
exhibit greater than 20 percent opacity.
    (b) On and after the date on which the performance test required to 
be conducted by Sec.  60.8 is completed, no owner or operator subject to 
the provisions of this subpart shall cause to be discharged into the 
atmosphere from any affected facility that uses a sulfuric acid plant to 
comply with the standard set forth in Sec.  60.173, any visible 
emissions which exhibit greater than 20 percent opacity.



Sec.  60.175  Monitoring of operations.

    (a) The owner or operator of any primary zinc smelter subject to the 
provisions of this subpart shall install and operate:
    (1) A continuous monitoring system to monitor and record the opacity 
of gases discharged into the atmosphere from any sintering machine. The 
span of this system shall be set at 80 to 100 percent opacity.
    (2) A continuous monitoring system to monitor and record sulfur 
dioxide emissions discharged into the atmosphere from any roaster 
subject to Sec.  60.173. The span of this system shall be set at a 
sulfur dioxide concentration of 0.20 percent by volume.
    (i) The continuous monitoring system performance evaluation required 
under Sec.  60.13(c) shall be completed prior to the initial performance 
test required under Sec.  60.8.
    (ii) For the purpose of the continuous monitoring system performance 
evaluation required under Sec.  60.13(c), the reference method referred 
to under the

[[Page 451]]

Relative Accuracy Test Procedure in Performance Specification 2 of 
appendix B to this part shall be Method 6. For the performance 
evaluation, each concentration measurement shall be of 1 hour duration. 
The pollutant gas used to prepare the calibration gas mixtures required 
under Performance Specification 2 of appendix B, and for calibration 
checks under Sec.  60.13(d), shall be sulfur dioxide.
    (b) Two-hour average sulfur dioxide concentrations shall be 
calculated and recorded daily for the 12 consecutive 2-hour periods of 
each operating day. Each 2-hour average shall be determined as the 
arithmetic mean of the appropriate two contiguous 1-hour average sulfur 
dioxide concentrations provided by the continuous monitoring system 
installed under paragraph (a) of this section.
    (c) For the purpose of reports required under Sec.  60.7(c), periods 
of excess emissions that shall be reported are defined as follows:
    (1) Opacity. Any 6-minute period during which the average opacity, 
as measured by the continuous monitoring system installed under 
paragraph (a) of this section, exceeds the standard under Sec.  
60.174(a).
    (2) Sulfur dioxide. Any 2-hour period, as described in paragraph (b) 
of this section, during which the average emissions of sulfur dioxide, 
as measured by the continuous monitoring system installed under 
paragraph (a) of this section, exceeds the standard under Sec.  60.173.

[41 FR 2340, Jan. 15, 1976, as amended at 48 FR 23611, May 25, 1983; 54 
FR 6668, Feb. 14, 1989]



Sec.  60.176  Test methods and procedures.

    (a) In conducting the performance tests required in Sec.  60.8, the 
owner or operator shall use as reference methods and procedures the test 
methods in appendix A of this part or other methods and procedures as 
specified in this section, except as provided in Sec.  60.8(b).
    (b) The owner or operator shall determine compliance with the 
particulate matter, sulfur dioxide (SO2), and visible 
emission standards in Sec. Sec.  60.172, 60.173, and 60.174 as follows:
    (1) Method 5 shall be used to determine the particulate matter 
concentration. The sampling time and sample volume for each run shall be 
at least 60 minutes and 0.85 dscm (30 dscf).
    (2) The continuous monitoring system of Sec.  60.175(a)(2) shall be 
used to determine the SO2 concentrations on a dry basis. The 
sampling time for each run shall be 2 hours, and the average 
SO2 concentration for the 2-hour period shall be computed as 
in Sec.  60.175(b). The monitoring system drift during the run may not 
exceed 2 percent of the span value.
    (3) Method 9 and the procedures in Sec.  60.11 shall be used to 
determine opacity.

[54 FR 6669, Feb. 14, 1989]



      Subpart R_Standards of Performance for Primary Lead Smelters

    Source: 41 FR 2340, Jan. 15, 1976, unless otherwise noted.



Sec.  60.180  Applicability and designation of affected facility.

    (a) The provisions of this subpart are applicable to the following 
affected facilities in primary lead smelters: sintering machine, 
sintering machine discharge end, blast furnace, dross reverberatory 
furnace, electric smelting furnace, and converter.
    (b) Any facility under paragraph (a) of this section that commences 
construction or modification after October 16, 1974, is subject to the 
requirements of this subpart.

[42 FR 37937, July 25, 1977]



Sec.  60.181  Definitions.

    As used in this subpart, all terms not defined herein shall have the 
meaning given them in the Act and in subpart A of this part.
    (a) Primary lead smelter means any installation or any intermediate 
process engaged in the production of lead from lead sulfide ore 
concentrates through the use of pyrometallurgical techniques.

[[Page 452]]

    (b) Sintering machine means any furnace in which a lead sulfide ore 
concentrate charge is heated in the presence of air to eliminate sulfur 
contained in the charge and to agglomerate the charge into a hard porous 
mass called sinter.
    (c) Sinter bed means the lead sulfide ore concentrate charge within 
a sintering machine.
    (d) Sintering machine discharge end means any apparatus which 
receives sinter as it is discharged from the conveying grate of a 
sintering machine.
    (e) Blast furnace means any reduction furnace to which sinter is 
charged and which forms separate layers of molten slag and lead bullion.
    (f) Dross reverberatory furnace means any furnace used for the 
removal or refining of impurities from lead bullion.
    (g) Electric smelting furnace means any furnace in which the heat 
necessary for smelting of the lead sulfide ore concentrate charge is 
generated by passing an electric current through a portion of the molten 
mass in the furnace.
    (h) Converter means any vessel to which lead concentrate or bullion 
is charged and refined.
    (i) Sulfuric acid plant means any facility producing sulfuric acid 
by the contact process.



Sec.  60.182  Standard for particulate matter.

    (a) On and after the date on which the performance test required to 
be conducted by Sec.  60.8 is completed, no owner or operator subject to 
the provisions of this subpart shall cause to be discharged into the 
atmosphere from any blast furnace, dross reverberatory furnace, or 
sintering machine discharge end any gases which contain particulate 
matter in excess of 50 mg/dscm (0.022 gr/dscf).
    (b) [Reserved]



Sec.  60.183  Standard for sulfur dioxide.

    (a) On and after the date on which the performance test required to 
be conducted by Sec.  60.8 is completed, no owner or operator subject to 
the provisions of this subpart shall cause to be discharged into the 
atmosphere from any sintering machine, electric smelting furnace, or 
converter gases which contain sulfur dioxide in excess of 0.065 percent 
by volume.
    (b) [Reserved]



Sec.  60.184  Standard for visible emissions.

    (a) On and after the date on which the performance test required to 
be conducted by Sec.  60.8 is completed, no owner or operator subject to 
the provisions of this subpart shall cause to be discharged into the 
atmosphere from any blast furnace, dross reverberatory furnace, or 
sintering machine discharge end any visible emissions which exhibit 
greater than 20 percent opacity.
    (b) On and after the date on which the performance test required to 
be conducted by Sec.  60.8 is completed, no owner or operator subject to 
the provisions of this subpart shall cause to be discharged into the 
atmosphere from any affected facility that uses a sulfuric acid plant to 
comply with the standard set forth in Sec.  60.183, any visible 
emissions which exhibit greater than 20 percent opacity.



Sec.  60.185  Monitoring of operations.

    (a) The owner or operator of any primary lead smelter subject to the 
provisions of this subpart shall install and operate:
    (1) A continuous monitoring system to monitor and record the opacity 
of gases discharged into the atmosphere from any blast furnace, dross 
reverberatory furnace, or sintering machine discharge end. The span of 
this system shall be set at 80 to 100 percent opacity.
    (2) A continuous monitoring system to monitor and record sulfur 
dioxide emissions discharged into the atmosphere from any sintering 
machine, electric furnace or converter subject to Sec.  60.183. The span 
of this system shall be set at a sulfur dioxide concentration of 0.20 
percent by volume.
    (i) The continuous monitoring system performance evaluation required 
under Sec.  60.13(c) shall be completed prior to the initial performance 
test required under Sec.  60.8.
    (ii) For the purpose of the continuous monitoring system performance 
evaluation required under Sec.  60.13(c), the reference method referred 
to under the Relative Accuracy Test Procedure in Performance 
Specification 2 of appendix B to this part shall be Method 6.

[[Page 453]]

For the performance evaluation, each concentration measurement shall be 
of one hour duration. The pollutant gases used to prepare the 
calibration gas mixtures required under Performance Specification 2 of 
appendix B, and for calibration checks under Sec.  60.13(d), shall be 
sulfur dioxide.
    (b) Two-hour average sulfur dioxide concentrations shall be 
calculated and recorded daily for the twelve consecutive two-hour 
periods of each operating day. Each two-hour average shall be determined 
as the arithmetic mean of the appropriate two contiguous one-hour 
average sulfur dioxide concentrations provided by the continuous 
monitoring system installed under paragraph (a) of this section.
    (c) For the purpose of reports required under Sec.  60.7(c), periods 
of excess emissions that shall be reported are defined as follows:
    (1) Opacity. Any six-minute period during which the average opacity, 
as measured by the continuous monitoring system installed under 
paragraph (a) of this section, exceeds the standard under Sec.  
60.184(a).
    (2) Sulfur dioxide. Any two-hour period, as described in paragraph 
(b) of this section, during which the average emissions of sulfur 
dioxide, as measured by the continuous monitoring system installed under 
paragraph (a) of this section, exceeds the standard under Sec.  60.183.

[41 FR 2340, Jan. 15, 1976, as amended at 48 FR 23611, May 25, 1983; 54 
FR 6668, Feb. 14, 1989]



Sec.  60.186  Test methods and procedures.

    (a) In conducting the performance tests required in Sec.  60.8, the 
owner or operator shall use as reference methods and procedures the test 
methods in appendix A of this part or other methods and procedures as 
specified in this section, except as provided in Sec.  60.8(b).
    (b) The owner or operator shall determine compliance with the 
particulate matter, sulfur dioxide (SO2), and visible 
emission standards in Sec. Sec.  60.182, 60.183, and 60.184 as follows:
    (1) Method 5 shall be used to determine the particulate matter 
concentration. The sampling time and sample volume for each run shall be 
at least 60 minutes and 0.85 dscm (30 dscf).
    (2) The continuous monitoring system of Sec.  60.185(a)(2) shall be 
used to determine the SO2 concentrations on a dry basis. The 
sampling time for each run shall be 2 hours, and the average 
SO2 concentration for the 2-hour period shall be computed as 
in Sec.  60.185(b). The monitoring system drift during the run may not 
exceed 2 percent of the span value.
    (3) Method 9 and the procedures in Sec.  60.11 shall be used to 
determine opacity.

[54 FR 6669, Feb. 14, 1989]



Subpart S_Standards of Performance for Primary Aluminum Reduction Plants

    Source: 45 FR 44207, June 30, 1980, unless otherwise noted.



Sec.  60.190  Applicability and designation of affected facility.

    (a) The affected facilities in primary aluminum reduction plants to 
which this subpart applies are potroom groups and anode bake plants.
    (b) Except as provided in paragraph (c) of this section, any 
affected facility under paragraph (a) of this section that commences 
construction or modification after October 23, 1974, is subject to the 
requirements of this subpart.
    (c) An owner or operator of an affected facility under paragraph (a) 
of this section may elect to comply with the requirements of this 
subpart or the requirements of subpart LL of part 63 of this chapter.

[42 FR 37937, July 25, 1977, as amended at 45 FR 44206, June 30, 1980; 
62 FR 52399, Oct. 7, 1997]



Sec.  60.191  Definitions.

    As used in this subpart, all terms not defined herein shall have the 
meaning given them in the Act and in subpart A of this part.
    Aluminum equivalent means an amount of aluminum which can be 
produced from a Mg of anodes produced by an anode bake plant as 
determined by Sec.  60.195(g).
    Anode bake plant means a facility which produces carbon anodes for 
use in a primary aluminum reduction plant.

[[Page 454]]

    Potroom means a building unit which houses a group of electrolytic 
cells in which aluminum is produced.
    Potroom group means an uncontrolled potroom, a potroom which is 
controlled individually, or a group of potrooms or potroom segments 
ducted to a common control system.
    Primary aluminum reduction plant means any facility manufacturing 
aluminum by electrolytic reduction.
    Primary control system means an air pollution control system 
designed to remove gaseous and particulate flourides from exhaust gases 
which are captured at the cell.
    Roof monitor means that portion of the roof of a potroom where gases 
not captured at the cell exit from the potroom.
    Total fluorides means elemental fluorine and all fluoride compounds 
as measured by reference methods specified in Sec.  60.195 or by 
equivalent or alternative methods (see Sec.  60.8(b)).



Sec.  60.192  Standard for fluorides.

    (a) On and after the date on which the initial performance test 
required to be conducted by Sec.  60.8 is completed, no owner or 
operator subject to the provisions of this subpart shall cause to be 
discharged into the atmosphere from any affected facility any gases 
containing total fluorides, as measured according to Sec.  60.195, in 
excess of:
    (1) 1.0 kg/Mg (2.0 lb/ton) of aluminum produced for potroom groups 
at Soderberg plants: except that emissions between 1.0 kg/Mg and 1.3 kg/
Mg (2.6 lb/ton) will be considered in compliance if the owner or 
operator demonstrates that exemplary operation and maintenance 
procedures were used with respect to the emission control system and 
that proper control equipment was operating at the affected facility 
during the performance tests;
    (2) 0.95 kg/Mg (1.9 lb/ton) of aluminum produced for potroom groups 
at prebake plants; except that emissions between 0.95 kg/Mg and 1.25 kg/
Mg (2.5 lb/ton) will be considered in compliance if the owner or 
operator demonstrates that exemplary operation and maintenance 
procedures were used with respect to the emission control system and 
that proper control equipment was operating at the affected facility 
during the performance test; and
    (3) 0.05 kg/Mg (0.1 lb/ton) of aluminum equivalent for anode bake 
plants.
    (b) Within 30 days of any performance test which reveals emissions 
which fall between the 1.0 kg/Mg and 1.3 kg/Mg levels in paragraph 
(a)(1) of this section or between the 0.95 kg/Mg and 1.25 kg/Mg levels 
in paragraph (a)(2) of this section, the owner or operator shall submit 
a report indicating whether all necessary control devices were on-line 
and operating properly during the performance test, describing the 
operating and maintenance procedures followed, and setting forth any 
explanation for the excess emissions, to the Director of the Enforcement 
Division of the appropriate EPA Regional Office.

[45 FR 44207, June 30, 1980, as amended at 65 FR 61757, Oct. 17, 2000]



Sec.  60.193  Standard for visible emissions.

    (a) On and after the date on which the performance test required to 
be conducted by Sec.  60.8 is completed, no owner or operator subject to 
the provisions of this subpart shall cause to be discharged into the 
atmosphere:
    (1) From any potroom group any gases which exhibit 10 percent 
opacity or greater, or
    (2) From any anode bake plant any gases which exhibit 20 percent 
opacity or greater.



Sec.  60.194  Monitoring of operations.

    (a) The owner or operator of any affected facility subject to the 
provisions of this subpart shall install, calibrate, maintain, and 
operate monitoring devices which can be used to determine daily the 
weight of aluminum and anode produced. The weighing devices shall have 
an accuracy of 5 percent over their operating 
range.
    (b) The owner or operator of any affected facility shall maintain a 
record of daily production rates of aluminum and anodes, raw material 
feed rates, and cell or potline voltages.
    (c) Following the initial performance test as required under Sec.  
60.8(a), an owner or operator shall conduct a performance test at least 
once each month during the life of the affected facility, except when 
malfunctions prevent representative sampling, as provided

[[Page 455]]

under Sec.  60.8(c). The owner or operator shall give the Administrator 
at least 15 days advance notice of each test. The Administrator may 
require additional testing under section 114 of the Clean Air Act.
    (d) An owner or operator may petition the Administrator to establish 
an alternative testing requirement that requires testing less frequently 
than once each month for a primary control system or an anode bake 
plant. If the owner or operator show that emissions from the primary 
control system or the anode bake plant have low variability during day-
to-day operations, the Administrator may establish such an alternative 
testing requirement. The alternative testing requirement shall include a 
testing schedule and, in the case of a primary control system, the 
method to be used to determine primary control system emissions for the 
purpose of performance tests. The Administrator shall publish the 
alternative testing requirement in the Federal Register.
    (1) Alternative testing requirements are established for Anaconda 
Aluminum Company's Sebree plant in Henderson, Kentucky: The anode bake 
plant and primary control system are to be tested once a year rather 
than once a month.
    (2) Alternative testing requirements are established for Alumax of 
South Carolina's Mt. Holly Plant in Mt. Holly, South Carolina: The anode 
bake plant and primary control system are to be tested once a year 
rather than once a month.

[45 FR 44207, June 30, 1980, as amended at 54 FR 6669, Feb. 14, 1989]



Sec.  60.195  Test methods and procedures.

    (a) In conducting the performance tests required in Sec.  60.8, the 
owner or operator shall use as reference methods and procedures the test 
methods in appendix A of this part or other methods and procedures as 
specified in this section, except as provided in Sec.  60.8(b).
    (b) The owner or operator shall determine compliance with the total 
fluorides and visible emission standards in Sec. Sec.  60.192 and 60.193 
as follows:
    (1) The emission rate (Ep) of total fluorides from 
potroom groups shall be computed for each run using the following 
equation:

Ep = [(Cs Qsd)1 + 
(Cs Qsd)2]/(P K)

where:

Ep = emission rate of total fluorides from a potroom group, 
          kg/Mg (lb/ton).
Cs = concentration of total fluorides, mg/dscm (gr/dscf).
Qsd = volumetric flow rate of effluent gas, dscm/hr (dscf/
          hr).
P = aluminum production rate, Mg/hr (ton/hr).
K = conversion factor, 10\6\ mg/kg (7,000 gr/lb).
1 = subscript for primary control system effluent gas.
2 = subscript for secondary control system or roof monitor effluent gas.

    (2) The emission rate (Eb) of total fluorides from anode 
bake plants shall be computed for each run using the following equation:

Eb = (Cs Qsd)/(PeK)

where:

Eb = emission rate of total fluorides, kg/Mg (lb/ton) of 
          aluminum equivalent.
Cs = concentration of total fluorides, mg/dscm (gr/dscf).
Qsd = volumetric flow rate of effluent gas, dscm/hr (dscf/
          hr).
Pe = aluminum equivalent for anode production rate, Mg/hr 
          (ton/hr).
K = conversion factor, 10\6\ mg/kg (7,000 gr/lb).

    (3) Methods 13A or 13B shall be used for ducts or stacks, and Method 
14 for roof monitors not employing stacks or pollutant collection 
systems, to determine the total fluorides concentration (Cs) 
and volumetric flow rate (Qsd) of the effluent gas. The 
sampling time and sample volume for each run shall be at least 8 hours 
and 6.80 dscm (240 dscf) for potroom groups and at least 4 hours and 
3.40 dscm (120 dscf) for anode bake plants.
    (4) The monitoring devices of Sec.  60.194(a) shall be used to 
determine the daily weight of aluminum and anode produced.
    (i) The aluminum production rate (P) shall be determined by dividing 
720 hours into the weight of aluminum tapped from the affected facility 
during a period of 30 days before and including the final run of a 
performance test.
    (ii) The aluminum equivalent production rate (Pe) for 
anodes shall be determined as 2 times the average weight of anode 
produced during a representative

[[Page 456]]

oven cycle divided by the cycle time. An owner or operator may establish 
a multiplication factor other than 2 by submitting production records of 
the amount of aluminum produced and the concurrent weight of anodes 
consumed by the potrooms.
    (5) Method 9 and the procedures in Sec.  60.11 shall be used to 
determine opacity.

[54 FR 6669, Feb. 14, 1989, as amended at 65 FR 61757, Oct. 17, 2000]



    Subpart T_Standards of Performance for the Phosphate Fertilizer 
              Industry: Wet-Process Phosphoric Acid Plants



Sec.  60.200  Applicability and designation of affected facility.

    (a) The affected facility to which the provisions of this subpart 
apply is each wet-process phosphoric acid plant having a design capacity 
of more than 15 tons of equivalent P2O5 feed per 
calendar day.
    (b) Any facility under paragraph (a) of this section that commences 
construction or modification after October 22, 1974, is subject to the 
requirements of this subpart.

[42 FR 37937, July 25, 1977, as amended at 48 FR 7129, Feb. 17, 1983; 80 
FR 50432, Aug. 19, 2015]



Sec.  60.201  Definitions.

    As used in this subpart, all terms not defined herein shall have the 
meaning given them in the Act and in subpart A of this part.
    (a) Wet-process phosphoric acid plant means any facility 
manufacturing phosphoric acid by reacting phosphate rock and acid. A 
wet-process phosphoric acid plant includes: Reactors, filters, 
evaporators, and hot wells.
    (b) Total fluorides means elemental fluorine and all fluoride 
compounds as measured by reference methods specified in Sec.  60.204, or 
equivalent or alternative methods.
    (c) Equivalent P2O5 feed means the quantity of 
phosphorus, expressed as phosphorus pentoxide, fed to the process.

[40 FR 33154, Aug. 6, 1975, as amended at 65 FR 61757, Oct. 17, 2000; 80 
FR 50433, Aug. 19, 2015]



Sec.  60.202  Standard for fluorides.

    (a) On and after the date on which the performance test required to 
be conducted by Sec.  60.8 is completed, no owner or operator subject to 
the provisions of this subpart shall cause to be discharged into the 
atmosphere from any affected facility any gases which contain total 
fluorides in excess of 10.0 g/Mg of equivalent 
P2O5 feed (0.020 lb/ton).

[40 FR 33154, Aug. 6, 1975, as amended at 65 FR 61757, Oct. 17, 2000]



Sec.  60.203  Monitoring of operations.

    (a) The owner or operator of any wet-process phosphoric acid plant 
subject to the provisions of this subpart shall install, calibrate, 
maintain, and operate a monitoring device which can be used to determine 
the mass flow of phosphorus-bearing feed material to the process. The 
monitoring device shall have an accuracy of 5 
percent over its operating range.
    (b) The owner or operator of any wet-process phosphoric acid plant 
shall maintain a daily record of equivalent P2O5 
feed by first determining the total mass rate in Mg/hr of phosphorus 
bearing feed using a monitoring device for measuring mass flowrate which 
meets the requirements of paragraph (a) of this section and then by 
proceeding according to Sec.  60.204(b)(3).
    (c) The owner or operator of any wet-process phosphoric acid plant 
subject to the provisions of this part shall install, calibrate, 
maintain, and operate a monitoring device which continuously measures 
and permanently records the total pressure drop across the absorber. The 
monitoring device shall have an accuracy of 5 
percent over its operating range.
    (d) Any facility under Sec.  60.200(a) that commences construction, 
modification or reconstruction after November 7, 2014 is subject to the 
requirements of this paragraph instead of the requirements in paragraph 
(c) of this section. If an absorber is used to comply with Sec.  60.202, 
then the owner or operator shall continuously monitor pressure drop 
through the absorber and meet the requirements specified in paragraphs 
(d)(1) through (4) of this section.

[[Page 457]]

    (1) The owner or operator shall install, calibrate, maintain, and 
operate a continuous monitoring system (CMS) that continuously measures 
and permanently records the pressure at the gas stream inlet and outlet 
of the absorber. The pressure at the gas stream inlet of the absorber 
may be measured using amperage on the blower if a correlation between 
pressure and amperage is established.
    (2) The CMS must have an accuracy of 5 percent 
over the normal range measured or 0.12 kilopascals (0.5 inches of water 
column), whichever is greater.
    (3) The owner or operator shall establish an allowable range for the 
pressure drop through the absorber. The allowable range is 20 percent of the arithmetic average of the three test 
runs conducted during the performance test required in Sec.  60.8. The 
Administrator retains the right to reduce the 20 
percent adjustment to the baseline average values of operating ranges in 
those instances where performance test results indicate that a source's 
level of emissions is near the value of an applicable emissions 
standard. However, the adjustment must not be reduced to less than 
10 percent under any instance.
    (4) The owner or operator shall demonstrate continuous compliance by 
maintaining the daily average pressure drop through the absorber to 
within the allowable range established in paragraph (d)(3) of this 
section. The daily average pressure drop through the absorber for each 
operating day shall be calculated using the data recorded by the 
monitoring system. If the emissions unit operation is continuous, the 
operating day is a 24-hour period. If the emissions unit operation is 
not continuous, the operating day is the total number of hours of 
control device operation per 24-hour period. Valid data points must be 
available for 75 percent of the operating hours in an operating day to 
compute the daily average.

[40 FR 3154, Aug. 6, 1975, as amended at 54 FR 6669, Feb. 14, 1989; 65 
FR 61757, Oct. 17, 2000; 80 FR 50433, Aug. 19, 2015]



Sec.  60.204  Test methods and procedures.

    (a) In conducting the performance tests required in Sec.  60.8, the 
owner or operator shall use as reference methods and procedures the test 
methods in appendix A of this part or other methods and procedures as 
specified in this section, except as provided in Sec.  60.8(b).
    (b) The owner or operator shall determine compliance with the total 
fluorides standard in Sec.  60.202 as follows:
    (1) The emission rate (E) of total fluorides shall be computed for 
each run using the following equation:
[GRAPHIC] [TIFF OMITTED] TC16NO91.007

where:

E = emission rate of total fluorides, g/Mg (lb/ton) of equivalent 
          P2O5 feed.
Csi = concentration of total fluorides from emission point 
          ``i,'' mg/dscm (gr/dscf).
Qsdi = volumetric flow rate of effluent gas from emission 
          point ``i,'' dscm/hr (dscf/hr).
N = number of emission points associated with the affected facility.
P = equivalent P2O5 feed rate, Mg/hr (ton/hr).
K = conversion factor, 1000 mg/g (7,000 gr/lb).

    (2) Method 13A or 13B shall be used to determine the total fluorides 
concentration (Csi) and volumetric flow rate 
(Qsdi) of the effluent gas from each of the emission points. 
The sampling time and sample volume for each run shall be at least 60 
minutes and 0.85 dscm (30 dscf).
    (3) The equivalent P2O5 feed rate (P) shall be 
computed for each run using the following equation:

P = Mp Rp

where:

Mp = total mass flow rate of phosphorus-bearing feed, Mg/hr 
          (ton/hr).
Rp = P2O5 content, decimal fraction.

    (i) The accountability system of Sec.  60.203(a) shall be used to 
determine the mass flow rate (Mp) of the phosphorus-bearing 
feed.
    (ii) The Association of Official Analytical Chemists (AOAC) Method 9 
(incorporated by reference--see Sec.  60.17) shall be used to determine 
the P2O5 content (Rp) of the feed.

[54 FR 6669, Feb. 14, 1989, as amended at 65 FR 61757, Oct. 17, 2000]



Sec.  60.205  Recordkeeping.

    Any facility under Sec.  60.200(a) that commences construction, 
modification or reconstruction after November 7,

[[Page 458]]

2014 is subject to the requirements of this section. You must maintain 
the records identified as specified in Sec.  60.7(f) and in paragraphs 
(a) and (b) of this section. All records required by this subpart must 
be maintained on site for at least 5 years.
    (a) Records of the daily average pressure. Records of the daily 
average pressure drop through the absorber.
    (b) Records of deviations. A deviation is determined to have 
occurred when the monitoring data or lack of monitoring data result in 
any one of the criteria specified in paragraphs (b)(1) and (2) of this 
section being met.
    (1) A deviation occurs when the daily average value of a monitored 
operating parameter is less than the minimum pressure drop, or greater 
than the maximum pressure drop established in Sec.  60.203(d)(3).
    (2) A deviation occurs when the monitoring data are not available 
for at least 75 percent of the operating hours in a day.

[80 FR 50433, Aug. 19, 2015]



    Subpart U_Standards of Performance for the Phosphate Fertilizer 
                  Industry: Superphosphoric Acid Plants



Sec.  60.210  Applicability and designation of affected facility.

    (a) The affected facility to which the provisions of this subpart 
apply is each superphosphoric acid plant having a design capacity of 
more than 15 tons of equivalent P2O5 feed per 
calendar day.
    (b) Any facility under paragraph (a) of this section that commences 
construction or modification after October 22, 1974, is subject to the 
requirements of this subpart.

[42 FR 37937, July 25, 1977, as amended at 48 FR 7129, Feb. 17, 1983; 80 
FR 50433, Aug. 19, 2015]



Sec.  60.211  Definitions.

    As used in this subpart, all terms not defined herein shall have the 
meaning given them in the Act and in subpart A of this part.
    (a) Superphosphoric acid plant means any facility that concentrates 
wet-process phosphoric acid to 66 percent or greater 
P2O5 content by weight for eventual consumption as 
a fertilizer. A superphosphoric acid plant includes: evaporators, hot 
wells, acid sumps, oxidation reactors, and cooling tanks. An oxidation 
reactor includes any equipment or step that uses an oxidizing agent 
(e.g., nitric acid, ammonium nitrate, or potassium permanganate) to 
treat superphosphoric acid.
    (b) Total fluorides means elemental fluorine and all fluoride 
compounds as measured by reference methods specified in Sec.  60.214, or 
equivalent or alternative methods.
    (c) Equivalent P2O5 feed means the quantity of 
phosphorus, expressed as phosphorus pentoxide, fed to the process.

[40 FR 33155, Aug. 6, 1975, as amended at 65 FR 61757, Oct. 17, 2000; 80 
FR 50433, Aug. 19, 2015]



Sec.  60.212  Standard for fluorides.

    (a) On and after the date on which the performance test required to 
be conducted by Sec.  60.8 is completed, no owner or operator subject to 
the provisions of this subpart shall cause to be discharged into the 
atmosphere from any affected facility any gases which contain total 
fluorides in excess of 5.0 g/megagram (Mg) of equivalent 
P2O5 feed (0.010 lb/ton).
    (b) [Reserved]

[40 FR 33155, Aug. 6, 1975, as amended at 65 FR 61757, Oct. 17, 2000]



Sec.  60.213  Monitoring of operations.

    (a) The owner or operator of any superphosphoric acid plant subject 
to the provisions of this subpart shall install, calibrate, maintain, 
and operate a flow monitoring device which can be used to determine the 
mass flow of phosphorus-bearing feed material to the process. The flow 
monitoring device shall have an accuracy of 5 
percent over its operating range.
    (b) The owner or operator of any superphosphoric acid plant shall 
maintain a daily record of equivalent P2O5 feed by 
first determining the total mass rate in Mg/hr of phosphorus-bearing 
feed using a flow monitoring device meeting the requirements of 
paragraph (a) of this section and then by proceeding according to Sec.  
60.214(b)(3).

[[Page 459]]

    (c) Except as specified in paragraph (d) of this section, the owner 
or operator of any superphosphoric acid plant subject to the provisions 
of this part shall install, calibrate, maintain, and operate a 
monitoring device which continuously measures and permanently records 
the total pressure drop across the absorber. The monitoring device shall 
have an accuracy of 5 percent over its operating 
range.
    (d) Any affected facility as defined in Sec.  60.210(a) that 
commences construction, modification or reconstruction after November 7, 
2014 is subject to the requirements of this paragraph instead of the 
requirements in paragraph (c) of this section. If an absorber is used to 
comply with Sec.  60.212, then the owner or operator shall continuously 
monitor pressure drop through the absorber and meet the requirements 
specified in paragraphs (d)(1) through (4) of this section.
    (1) The owner or operator shall install, calibrate, maintain, and 
operate a continuous monitoring system (CMS) that continuously measures 
and permanently records the pressure at the gas stream inlet and outlet 
of the absorber. The pressure at the gas stream inlet of the absorber 
may be measured using amperage on the blower if a correlation between 
pressure and amperage is established.
    (2) The CMS must have an accuracy of 5 percent 
over the normal range measured or 0.12 kilopascals (0.5 inches of water 
column), whichever is greater.
    (3) The owner or operator shall establish an allowable range for the 
pressure drop through the absorber. The allowable range is 20 percent of the arithmetic average of the three test 
runs conducted during the performance test required in Sec.  60.8. The 
Administrator retains the right to reduce the 20 
percent adjustment to the baseline average values of operating ranges in 
those instances where performance test results indicate that a source's 
level of emissions is near the value of an applicable emissions 
standard. However, the adjustment must not be reduced to less than 
10 percent under any instance.
    (4) The owner or operator shall demonstrate continuous compliance by 
maintaining the daily average pressure drop through the absorber to 
within the allowable range established in paragraph (d)(3) of this 
section. The daily average pressure drop through the absorber for each 
operating day shall be calculated using the data recorded by the 
monitoring system. If the emissions unit operation is continuous, the 
operating day is a 24-hour period. If the emissions unit operation is 
not continuous, the operating day is the total number of hours of 
control device operation per 24-hour period. Valid data points must be 
available for 75 percent of the operating hours in an operating day to 
compute the daily average.

[40 FR 33155, Aug. 6, 1975, as amended at 54 FR 6670, Feb. 14, 1989; 65 
FR 61757, Oct. 17, 2000; 80 FR 50433, Aug. 19, 2015]



Sec.  60.214  Test methods and procedures.

    (a) In conducting the performance tests required in Sec.  60.8, the 
owner or operator shall use as reference methods and procedures the test 
methods in appendix A of this part or other methods and procedures as 
specified in this section, except as provided in Sec.  60.8(b).
    (b) The owner or operator shall determine compliance with the total 
fluorides standard in Sec.  60.212 as follows:
    (1) The emission rate (E) of total fluorides shall be computed for 
each run using the following equation:
[GRAPHIC] [TIFF OMITTED] TC16NO91.008

where:

E = emission rate of total fluorides, g/Mg (lb/ton) of equivalent 
          P2O5 feed.
Csi = concentration of total fluorides from emission point 
          ``i,'' mg/dscm (gr/dscf).
Qsdi = volumetric flow rate of effluent gas from emission 
          point ``i,'' dscm/hr (dscf/hr).
N = number of emission points associated with the affected facility.
P = equivalent P2O5 feed rate, Mg/hr (ton/hr).
K = conversion factor, 1000 mg/g (7,000 gr/lb).

    (2) Method 13A or 13B shall be used to determine the total fluorides 
concentration (Csi) and volumetric flow rate 
(Qsdi) of the effluent gas from each of the emission points. 
The sampling time and sample volume for each run shall be at least 60 
minutes and 0.85 dscm (30 dscf).

[[Page 460]]

    (3) The equivalent P2O5 feed rate (P) shall be 
computed for each run using the following equation:

P = Mp Rp

where:
Mp = total mass flow rate of phosphorus-bearing feed, Mg/hr 
          (ton/hr).
Rp = P2O5 content, decimal fraction.

    (i) The accountability system of Sec.  60.213(a) shall be used to 
determine the mass flow rate (Mp) of the phosphorus-bearing 
feed.
    (ii) The Association of Official Analytical Chemists (AOAC) Method 9 
(incorporated by reference--see Sec.  60.17) shall be used to determine 
the P2O5 content (Rp) of the feed.

[54 FR 6670, Feb. 14, 1989, as amended at 65 FR 61757, Oct. 17, 2000]



Sec.  60.215  Recordkeeping.

    An affected facility as defined in Sec.  60.210(a) that commences 
construction, modification, or reconstruction after November 7, 2014 is 
subject to the requirements of this section. You must maintain the 
records identified as specified in Sec.  60.7(f) and in paragraphs (a) 
and (b) of this section. All records required by this subpart must be 
maintained on site for at least 5 years.
    (a) Records of the daily average pressure. Records of the daily 
average pressure drop through the absorber.
    (b) Records of deviations. A deviation is determined to have 
occurred when the monitoring data or lack of monitoring data result in 
any one of the criteria specified in paragraphs (b)(1) and (2) of this 
section being met.
    (1) A deviation occurs when the daily average value of a monitored 
operating parameter is less than the minimum pressure drop, or greater 
than the maximum pressure drop established in Sec.  60.213(d)(3).
    (2) A deviation occurs when the monitoring data are not available 
for at least 75 percent of the operating hours in a day.

[80 FR 50434, Aug. 19, 2015]



    Subpart V_Standards of Performance for the Phosphate Fertilizer 
                  Industry: Diammonium Phosphate Plants



Sec.  60.220  Applicability and designation of affected facility.

    (a) The affected facility to which the provisions of this subpart 
apply is each granular diammonium phosphate plant having a design 
capacity of more than 15 tons of equivalent P2O5 
feed per calendar day. For the purpose of this subpart, the affected 
facility includes any combination of: reactors, granulators, dryers, 
coolers, screens, and mills.
    (b) Any facility under paragraph (a) of this section that commences 
construction or modification after October 22, 1974, is subject to the 
requirements of this subpart.

[42 FR 37938, July 25, 1977, as amended at 48 FR 7129, Feb. 17, 1983]



Sec.  60.221  Definitions.

    As used in this subpart, all terms not defined herein shall have the 
meaning given them in the Act and in subpart A of this part.
    (a) Granular diammonium phosphate plant means any plant 
manufacturing granular diammonium phosphate by reacting phosphoric acid 
with ammonia.
    (b) Total fluorides means elemental fluorine and all fluoride 
compounds as measured by reference methods specified in Sec.  60.224, or 
equivalent or alternative methods.
    (c) Equivalent P2O5 feed means the quantity of 
phosphorus, expressed as phosphorus pentoxide, fed to the process.

[40 FR 33155, Aug. 6, 1975]



Sec.  60.222  Standard for fluorides.

    (a) On and after the date on which the performance test required to 
be conducted by Sec.  60.8 is completed, no owner or operator subject to 
the provisions of this subpart shall cause to be discharged into the 
atmosphere from any affected facility any gases which contain total 
fluorides in excess of 30 g/megagram (Mg) of equivalent 
P2O5 feed (0.060 lb/ton).

[[Page 461]]

    (b) [Reserved]

[40 FR 33155, Aug. 6, 1975, as amended at 65 FR 61757, Oct. 17, 2000]



Sec.  60.223  Monitoring of operations.

    (a) The owner or operator of any granular diammonium phosphate plant 
subject to the provisions of this subpart shall install, calibrate, 
maintain, and operate a flow monitoring device which can be used to 
determine the mass flow of phosphorus-bearing feed material to the 
process. The flow monitoring device shall have an accuracy of 5 percent over its operating range.
    (b) The owner or operator of any granular diammonium phosphate plant 
shall maintain a daily record of equivalent P2O5 
feed by first determining the total mass rate in Mg/hr of phosphorus-
bearing feed using a flow monitoring device meeting the requirements of 
paragraph (a) of this section and then by proceeding according to Sec.  
60.224(b)(3).
    (c) Except as specified in paragraph (d) of this section, the owner 
or operator of any granular diammonium phosphate plant subject to the 
provisions of this subpart shall install, calibrate, maintain, and 
operate a monitoring device which continuously measures and permanently 
records the total pressure drop across the scrubbing system. The 
monitoring device shall have an accuracy of 5 
percent over its operating range.
    (d) Any affected facility as defined in Sec.  60.220(a) that 
commences construction, modification, or reconstruction after November 
7, 2014 is subject to the requirements of this paragraph instead of the 
requirements in paragraph (c) of this section. If an absorber is used to 
comply with Sec.  60.222, then the owner or operator shall continuously 
monitor pressure drop through the absorber and meet the requirements 
specified in paragraphs (d)(1) through (4) of this section.
    (1) The owner or operator shall install, calibrate, maintain, and 
operate a continuous monitoring system (CMS) that continuously measures 
and permanently records the pressure at the gas stream inlet and outlet 
of the absorber. The pressure at the gas stream inlet of the absorber 
may be measured using amperage on the blower if a correlation between 
pressure and amperage is established.
    (2) The CMS must have an accuracy of 5 percent 
over the normal range measured or 0.12 kilopascals (0.5 inches of water 
column), whichever is greater.
    (3) The owner or operator shall establish an allowable range for the 
pressure drop through the absorber. The allowable range is 20 percent of the arithmetic average of the three test 
runs conducted during the performance test required in Sec.  60.8. The 
Administrator retains the right to reduce the 20 
percent adjustment to the baseline average values of operating ranges in 
those instances where performance test results indicate that a source's 
level of emissions is near the value of an applicable emissions 
standard. However, the adjustment must not be reduced to less than 
10 percent under any instance.
    (4) The owner or operator shall demonstrate continuous compliance by 
maintaining the daily average pressure drop through the absorber to 
within the allowable range established in paragraph (d)(3) of this 
section. The daily average pressure drop through the absorber for each 
operating day shall be calculated using the data recorded by the 
monitoring system. If the emissions unit operation is continuous, the 
operating day is a 24-hour period. If the emissions unit operation is 
not continuous, the operating day is the total number of hours of 
control device operation per 24-hour period. Valid data points must be 
available for 75 percent of the operating hours in an operating day to 
compute the daily average.

[40 FR 33155, Aug. 6, 1975, as amended at 54 FR 6670, Feb. 14, 1989; 65 
FR 61757, Oct. 17, 2000; 80 FR 50434, Aug. 19, 2015]



Sec.  60.224  Test methods and procedures.

    (a) In conducting the performance tests required in Sec.  60.8, the 
owner or operator shall use as reference methods and procedures the test 
methods in appendix A of this part or other methods and procedures as 
specified in this section, except as provided in Sec.  60.8(b).
    (b) The owner or operator shall determine compliance with the total 
fluorides standard in Sec.  60.222 as follows:

[[Page 462]]

    (1) The emission rate (E) of total fluorides shall be computed for 
each run using the following equation:
[GRAPHIC] [TIFF OMITTED] TC16NO91.009

where:

E = emission rate of total fluorides, g/Mg (lb/ton) of equivalent 
          P2O5 feed.
Csi = concentration of total fluorides from emission point 
          ``i,'' mg/dscm (gr/dscf).
Qsdi = volumetric flow rate of effluent gas from emission 
          point ``i,'' dscm/hr (dscf/hr).
N = number of emission points associated with the affected facility.
P = equivalent P2O5 feed rate, Mg/hr (ton/hr).
K = conversion factor, 1000 mg/g (7,000 gr/lb).

    (2) Method 13A or 13B shall be used to determine the total fluorides 
concentration (Csi) and volumetric flow rate 
(Qsdi) of the effluent gas from each of the emission points. 
The sampling time and sample volume for each run shall be at least 60 
minutes and 0.85 dscm (30 dscf).
    (3) The equivalent P2O5 feed rate (P) shall be 
computed for each run using the following equation:

P = Mp Rp

where:

Mp = total mass flow rate of phosphorus-bearing feed, Mg/hr 
          (ton/hr).
Rp = P2O5 content, decimal fraction.

    (i) The accountability system of Sec.  60.223(a) shall be used to 
determine the mass flow rate (Mp) of the phosphorus-bearing 
feed.
    (ii) The Association of Official Analytical Chemists (AOAC) Method 9 
(incorporated by reference--see Sec.  60.17) shall be used to determine 
the P2O5 content (Rp) of the feed.

[54 FR 6670, Feb. 14, 1989, as amended at 65 FR 61757, Oct. 17, 2000; 80 
FR 50434, Aug. 19, 2015]



Sec.  60.225  Recordkeeping.

    An affected facility as defined in Sec.  60.220(a) that commences 
construction, modification, or reconstruction after November 7, 2014 is 
subject to the requirements of this section. You must maintain the 
records identified as specified in Sec.  60.7(f) and in paragraphs (a) 
and (b) of this section. All records required by this subpart must be 
maintained on site for at least 5 years.
    (a) Records of the daily average pressure drop through the absorber.
    (b) Records of deviations. A deviation is determined to have 
occurred when the monitoring data or lack of monitoring data result in 
any one of the criteria specified in paragraphs (b)(1) and (2) of this 
section being met.
    (1) A deviation occurs when the daily average value of a monitored 
operating parameter is less than the minimum pressure drop, or greater 
than the maximum pressure drop established in Sec.  60.223(d)(3).
    (2) A deviation occurs when the monitoring data are not available 
for at least 75 percent of the operating hours in a day.

[80 FR 50434, Aug. 19, 2015]



    Subpart W_Standards of Performance for the Phosphate Fertilizer 
                 Industry: Triple Superphosphate Plants



Sec.  60.230  Applicability and designation of affected facility.

    (a) The affected facility to which the provisions of this subpart 
apply is each triple superphosphate plant having a design capacity of 
more than 15 tons of equivalent P2O5 feed per 
calendar day. For the purpose of this subpart, the affected facility 
includes any combination of: mixers, curing belts (dens), reactors, 
granulators, dryers, coolers, screens, mills, and facilities that store 
run-of-pile triple superphosphate.
    (b) Any facility under paragraph (a) of this section that commences 
construction or modification after October 22, 1974, is subject to the 
requirements of this subpart.

[42 FR 37938, July 25, 1977, as amended at 48 FR 7129, Feb. 17, 1983; 80 
FR 50435, Aug. 19, 2015]



Sec.  60.231  Definitions.

    As used in this subpart, all terms not defined herein shall have the 
meaning given them in the Act and in subpart A of this part.
    (a) Triple superphosphate plant means any facility manufacturing 
triple superphosphate by reacting phosphate rock with phosphoric acid. A 
run-of-

[[Page 463]]

pile triple superphosphate plant includes curing and storing.
    (b) Run-of-pile triple superphosphate means any triple 
superphosphate that has not been processed in a granulator and is 
composed of particles at least 25 percent by weight of which (when not 
caked) will pass through a 16 mesh screen.
    (c) Total fluorides means elemental fluorine and all fluoride 
compounds as measured by reference methods specified in Sec.  60.234, or 
equivalent or alternative methods.
    (d) Equivalent P2O5 feed means the quantity of 
phosphorus, expressed as phosphorus pentoxide, fed to the process.

[40 FR 33156, Aug. 6, 1975]



Sec.  60.232  Standard for fluorides.

    On and after the date on which the performance test required to be 
conducted by Sec.  60.8 is completed, no owner or operator subject to 
the provisions of this subpart shall cause to be discharged into the 
atmosphere from any affected facility any gases which contain total 
fluorides in excess of 100 g/megagram (Mg) of equivalent 
P2O5 feed (0.20 lb/ton).

[40 FR 33156, Aug. 6, 1975, as amended at 65 FR 61757, Oct. 17, 2000]



Sec.  60.233  Monitoring of operations.

    (a) The owner or operator of any triple superphosphate plant subject 
to the provisions of this subpart shall install, calibrate, maintain, 
and operate a flow monitoring device that can be used to determine the 
mass flow of phosphorus-bearing feed material to the process. The flow 
monitoring device shall have an accuracy of 5 
percent over its operating range.
    (b) The owner or operator of any triple superphosphate plant shall 
maintain a daily record of equivalent P2O5 feed by 
first determining the total mass rate in Mg/hr of phosphorus-bearing 
feed using a flow monitoring device meeting the requirements of 
paragraph (a) of this section and then by proceeding according to Sec.  
60.234(b)(3).
    (c) Except as specified in paragraph (d) of this section, the owner 
or operator of any triple superphosphate plant subject to the provisions 
of this part shall install, calibrate, maintain, and operate a 
monitoring device that continuously measures and permanently records the 
total pressure drop across the absorber. The monitoring device shall 
have an accuracy of 5 percent over its operating 
range.
    (d) Any facility under Sec.  60.230(a) that commences construction, 
modification, or reconstruction after November 7, 2014 is subject to the 
requirements of this paragraph instead of the requirements in paragraph 
(c) of this section. If an absorber is used to comply with Sec.  60.232, 
then the owner or operator shall continuously monitor pressure drop 
through the absorber and meet the requirements specified in paragraphs 
(d)(1) through (4) of this section.
    (1) The owner or operator shall install, calibrate, maintain, and 
operate a continuous monitoring system (CMS) that continuously measures 
and permanently records the pressure at the gas stream inlet and outlet 
of the absorber. The pressure at the gas stream inlet of the absorber 
may be measured using amperage on the blower if a correlation between 
pressure and amperage is established.
    (2) The CMS must have an accuracy of 5 percent 
over the normal range measured or 0.12 kilopascals (0.5 inches of water 
column), whichever is greater.
    (3) The owner or operator shall establish an allowable range for the 
pressure drop through the absorber. The allowable range is 20 percent of the arithmetic average of the three test 
runs conducted during the performance test required in Sec.  60.8. The 
Administrator retains the right to reduce the 20 
percent adjustment to the baseline average values of operating ranges in 
those instances where performance test results indicate that a source's 
level of emissions is near the value of an applicable emissions 
standard. However, the adjustment must not be reduced to less than 
10 percent under any instance.
    (4) The owner or operator shall demonstrate continuous compliance by 
maintaining the daily average pressure drop through the absorber to 
within the allowable range established in paragraph (d)(3) of this 
section. The daily average pressure drop through the absorber for each 
operating day

[[Page 464]]

shall be calculated using the data recorded by the monitoring system. If 
the emissions unit operation is continuous, the operating day is a 24-
hour period. If the emissions unit operation is not continuous, the 
operating day is the total number of hours of control device operation 
per 24-hour period. Valid data points must be available for 75 percent 
of the operating hours in an operating day to compute the daily average.

[80 FR 50435, Aug. 19, 2015]



Sec.  60.234  Test methods and procedures.

    (a) In conducting the performance tests required in Sec.  60.8, the 
owner or operator shall use as reference methods and procedures the test 
methods in appendix A of this part or other methods and procedures as 
specified in this section, except as provided in Sec.  60.8(b).
    (b) The owner or operator shall determine compliance with the total 
fluorides standards in Sec.  60.232 as follows:
    (1) The emission rate (E) of total fluorides shall be computed for 
each run using the following equation:
[GRAPHIC] [TIFF OMITTED] TC16NO91.010

where:

E = emission rate of total fluorides, g/Mg (lb/ton) of equivalent 
          P2O5 feed.
Csi = concentration of total fluorides from emission point 
          ``i,'' mg/dscm (gr/dscf).
Qsdi = volumetric flow rate of effluent gas from emission 
          point ``i,'' dscm/hr (dscf/hr).
N = number of emission points in the affected facility.
P = equivalent P2O5 feed rate, Mg/hr (ton/hr).
K = conversion factor, 1000 mg/g (7,000 gr/lb).

    (2) Method 13A or 13b shall be used to determine the total fluorides 
concentration (Csi) and volumetric flow rate 
(Qsdi) of the effluent gas from each of the emission points. 
The sampling time and sample volume for each run shall be at least 60 
minutes and 0.85 dscm (30 dscf).
    (3) The equivalent P2O5 feed rate (P) shall be 
computed for each run using the following equation:

P = Mp Rp

where:

Mp total mass flow rate of phosphorus-bearing feed, Mg/hr 
          (ton/hr).
Rp = P2O5 content, decimal fraction.

    (i) The accountability system of Sec.  60.233(a) shall be used to 
determine the mass flow rate (Mp) of the phosphorus-bearing 
feed.
    (ii) The Association of Official Analytical Chemists (AOAC) Method 9 
(incorporated by reference--see Sec.  60.17) shall be used to determine 
the P2O5 content (Rp) of the feed.

[54 FR 6670, Feb. 14, 1989; 54 FR 21344, May 17, 1989, as amended at 65 
FR 61757, Oct. 17, 2000]



Sec.  60.235  Recordkeeping.

    Any facility under Sec.  60.230(a) that commences construction, 
modification, or reconstruction after November 7, 2014 is subject to the 
requirements of this section. You must maintain the records identified 
as specified in Sec.  60.7(f) and in paragraphs (a) and (b) of this 
section. All records required by this subpart must be maintained onsite 
for at least 5 years.
    (a) Records of the daily average pressure drop through the absorber.
    (b) Records of deviations. A deviation is determined to have 
occurred when the monitoring data or lack of monitoring data result in 
any one of the criteria specified in paragraphs (b)(1) and (2) of this 
section being met.
    (1) A deviation occurs when the daily average value of a monitored 
operating parameter is less than the minimum pressure drop, or greater 
than the maximum pressure drop established in Sec.  60.233(d)(3).
    (2) A deviation occurs when the monitoring data are not available 
for at least 75 percent of the operating hours in a day.

[80 FR 50435, Aug. 19, 2015]



    Subpart X_Standards of Performance for the Phosphate Fertilizer 
       Industry: Granular Triple Superphosphate Storage Facilities



Sec.  60.240  Applicability and designation of affected facility.

    (a) The affected facility to which the provisions of this subpart 
apply is each granular triple superphosphate storage

[[Page 465]]

facility. For the purpose of this subpart, the affected facility 
includes any combination of: Storage or curing piles, conveyors, 
elevators, screens and mills.
    (b) Any facility under paragraph (a) of this section that commences 
construction or modification after October 22, 1974, is subject to the 
requirements of this subpart.

[42 FR 37938, July 25, 1977]



Sec.  60.241  Definitions.

    As used in this subpart, all terms not defined herein shall have the 
meaning given them in the Act and in subpart A of this part.
    (a) Granular triple superphosphate storage facility means any 
facility curing or storing fresh granular triple superphosphate.
    (b) Total fluorides means elemental fluorine and all fluoride 
compounds as measured by reference methods specified in Sec.  60.244, or 
equivalent or alternative methods.
    (c) Equivalent P2O5 stored means the quantity 
of phosphorus, expressed as phosphorus pentoxide, being cured or stored 
in the affected facility.
    (d) Fresh granular triple superphosphate means granular triple 
superphosphate produced within the preceding 72 hours.

[40 FR 33156, Aug. 6, 1975, as amended at 62 FR 18280, Apr. 15, 1997; 65 
FR 61757, Oct. 17, 2000]



Sec.  60.242  Standard for fluorides.

    (a) On and after the date on which the performance test required to 
be conducted by Sec.  60.8 is completed, no owner or operator subject to 
the provisions of this subpart shall cause to be discharged into the 
atmosphere from any affected facility any gases which contain total 
fluorides in excess of 0.25 g/hr/megagram (Mg) of equivalent 
P2O5 stored (5.0 x 10 -4 lb/hr/ton of 
equivalent P2O5 stored).
    (b) No owner or operator subject to the provisions of this subpart 
shall ship fresh granular triple superphosphate from an affected 
facility.

[40 FR 33156, Aug. 6, 1975, as amended at 62 FR 18280, Apr. 15, 1997; 65 
FR 61757, Oct. 17, 2000]



Sec.  60.243  Monitoring of operations.

    (a) The owner or operator of any granular triple superphosphate 
storage facility subject to the provisions of this subpart shall 
maintain an accurate account of triple superphosphate in storage to 
permit the determination of the amount of equivalent 
P2O5 stored.
    (b) The owner or operator of any granular triple superphosphate 
storage facility subject to the provisions of this subpart shall 
maintain a daily record of total equivalent P2O5 
stored by multiplying the percentage P2O5 content, 
as determined by Sec.  60.244(c)(3), times the total mass of granular 
triple superphosphate stored.
    (c) Except as specified in paragraph (e) of this section, the owner 
or operator of any granular triple superphosphate storage facility 
subject to the provisions of this subpart shall install, calibrate, 
maintain, and operate a monitoring device that continuously measures and 
permanently records the total pressure drop across any absorber. The 
monitoring device shall have an accuracy of 5 
percent over its operating range.
    (d) The owner or operator of any granular triple superphosphate 
storage facility subject to the provisions of this subpart shall develop 
for approval by the Administrator a site-specific methodology including 
sufficient recordkeeping for the purposes of demonstrating compliance 
with Sec.  60.242 (b).
    (e) Any facility under Sec.  60.240(a) that commences construction, 
modification, or reconstruction after November 7, 2014 is subject to the 
requirements of this paragraph instead of the requirements in paragraph 
(c) of this section. If an absorber is used to comply with Sec.  60.232, 
then the owner or operator shall continuously monitor pressure drop 
through the absorber and meet the requirements specified in paragraphs 
(e)(1) through (4) of this section.
    (1) The owner or operator shall install, calibrate, maintain, and 
operate a continuous monitoring system (CMS) that continuously measures 
and permanently records the pressure at the gas stream inlet and outlet 
of the absorber. The pressure at the gas stream inlet of the absorber 
may be measured

[[Page 466]]

using amperage on the blower if a correlation between pressure and 
amperage is established.
    (2) The CMS must have an accuracy of 5 percent 
over the normal range measured or 0.12 kilopascals (0.5 inches of water 
column), whichever is greater.
    (3) The owner or operator shall establish an allowable range for the 
pressure drop through the absorber. The allowable range is 20 percent of the arithmetic average of the three test 
runs conducted during the performance test required in Sec.  60.8. The 
Administrator retains the right to reduce the 20 
percent adjustment to the baseline average values of operating ranges in 
those instances where performance test results indicate that a source's 
level of emissions is near the value of an applicable emissions 
standard. However, the adjustment must not be reduced to less than 
10 percent under any instance.
    (4) The owner or operator shall demonstrate continuous compliance by 
maintaining the daily average pressure drop through the absorber to 
within the allowable range established in paragraph (e)(3) of this 
section. The daily average pressure drop through the absorber for each 
operating day shall be calculated using the data recorded by the 
monitoring system. If the emissions unit operation is continuous, the 
operating day is a 24-hour period. If the emissions unit operation is 
not continuous, the operating day is the total number of hours of 
control device operation per 24-hour period. Valid data points must be 
available for 75 percent of the operating hours in an operating day to 
compute the daily average.

[40 FR 33156, Aug. 6, 1975, as amended at 54 FR 6671, Feb. 14, 1989; 62 
FR 18280, Apr. 15, 1997; 80 FR 50435, Aug. 19, 2015]



Sec.  60.244  Test methods and procedures.

    (a) The owner or operator shall conduct performance tests required 
in Sec.  60.8 only when the following quantities of product are being 
cured or stored in the facility.
    (1) Total granular triple superphosphate is at least 10 percent of 
the building capacity, and
    (2) Fresh granular triple superphosphate is at least 6 percent of 
the total amount of triple superphosphate, or
    (3) If the provision in paragraph (a)(2) of this section exceeds 
production capabilities for fresh granular triple superphosphate, fresh 
granular triple superphosphate is equal to at least 5 days maximum 
production.
    (b) In conducting the performance tests required in Sec.  60.8, the 
owner or operator shall use as reference methods and procedures the test 
methods in appendix A of this part or other methods and procedures as 
specified in this section, except as provided in Sec.  60.8(b).
    (c) The owner or operator shall determine compliance with the total 
fluorides standard in Sec.  60.242 as follows:
    (1) The emission rate (E) of total fluorides shall be computed for 
each run using the following equation:
[GRAPHIC] [TIFF OMITTED] TC16NO91.011

where:

E = emission rate of total fluorides, g/hr/Mg (lb/hr/ton) of equivalent 
          P2O5 stored.
Csi = concentration of total fluorides from emission point 
          ``i,'' mg/dscm (gr/dscf).
Qsdi = volumetric flow rate of effluent gas from emission 
          point ``i,'' dscm/hr (dscf/hr).
N = number of emission points in the affected facility.
P = equivalent P2O5 stored, metric tons (tons).
K = conversion factor, 1000 mg/g (7,000 gr/lb).

    (2) Method 13A or 13B shall be used to determine the total fluorides 
concentration (Csi) and volumetric flow rate 
(Qsdi) of the effluent gas from each of the emission points. 
The sampling time and sample volume for each run shall be at least 60 
minutes and 0.85 dscm (30 dscf).
    (3) The equivalent P2O5 feed rate (P) shall be 
computed for each run using the following equation:

P = Mp Rp

where:

Mp = amount of product in storage, Mg (ton).
Rp = P2O5 content of product in 
          storage, weight fraction.

    (i) The accountability system of Sec.  60.243(a) shall be used to 
determine the amount of product (Mp) in storage.
    (ii) The Association of Official Analytical Chemists (AOAC) Method 9 
(incorporated by reference--see Sec.  60.17)

[[Page 467]]

shall be used to determine the P2O5 content 
(Rp) of the product in storage.

[54 FR 6671, Feb. 14, 1989, as amended at 62 FR 18280, Apr. 15, 1997; 65 
FR 61757, Oct. 17, 2000]



Sec.  60.245  Recordkeeping.

    Any facility under Sec.  60.240(a) that commences construction, 
modification, or reconstruction after November 7, 2014 is subject to the 
requirements of this section. You must maintain the records identified 
as specified in Sec.  60.7(f) and in paragraphs (a) and (b) of this 
section. All records required by this subpart must be maintained onsite 
for at least 5 years.
    (a) Records of the daily average pressure drop through the absorber.
    (b) Records of deviations. A deviation is determined to have 
occurred when the monitoring data or lack of monitoring data result in 
any one of the criteria specified in paragraphs (b)(1) and (2) of this 
section being met.
    (1) A deviation occurs when the daily average value of a monitored 
operating parameter is less than the minimum pressure drop, or greater 
than the maximum pressure drop established in Sec.  60.243(e)(3).
    (2) A deviation occurs when the monitoring data are not available 
for at least 75 percent of the operating hours in a day.

[80 FR 50436, Aug. 19, 2015]



 Subpart Y_Standards of Performance for Coal Preparation and Processing 
                                 Plants

    Source: 74 FR 51977, Oct. 8, 2009, unless otherwise noted.



Sec.  60.250  Applicability and designation of affected facility.

    (a) The provisions of this subpart apply to affected facilities in 
coal preparation and processing plants that process more than 181 
megagrams (Mg) (200 tons) of coal per day.
    (b) The provisions in Sec. Sec.  60.251, 60.252(a), 60.253(a), 
60.254(a), 60.255(a), and 60.256(a) of this subpart are applicable to 
any of the following affected facilities that commenced construction, 
reconstruction or modification after October 27, 1974, and on or before 
April 28, 2008: Thermal dryers, pneumatic coal-cleaning equipment (air 
tables), coal processing and conveying equipment (including breakers and 
crushers), and coal storage systems, transfer and loading systems.
    (c) The provisions in Sec. Sec.  60.251, 60.252(b)(1) and (c), 
60.253(b), 60.254(b), 60.255(b) through (h), 60.256(b) and (c), 60.257, 
and 60.258 of this subpart are applicable to any of the following 
affected facilities that commenced construction, reconstruction or 
modification after April 28, 2008, and on or before May 27, 2009: 
Thermal dryers, pneumatic coal-cleaning equipment (air tables), coal 
processing and conveying equipment (including breakers and crushers), 
and coal storage systems, transfer and loading systems.
    (d) The provisions in Sec. Sec.  60.251, 60.252(b)(1) through (3), 
and (c), 60.253(b), 60.254(b) and (c), 60.255(b) through (h), 60.256(b) 
and (c), 60.257, and 60.258 of this subpart are applicable to any of the 
following affected facilities that commenced construction, 
reconstruction or modification after May 27, 2009: Thermal dryers, 
pneumatic coal-cleaning equipment (air tables), coal processing and 
conveying equipment (including breakers and crushers), coal storage 
systems, transfer and loading systems, and open storage piles.



Sec.  60.251  Definitions.

    As used in this subpart, all terms not defined herein have the 
meaning given them in the Clean Air Act (Act) and in subpart A of this 
part.
    (a) Anthracite means coal that is classified as anthracite according 
to the American Society of Testing and Materials in ASTM D388 
(incorporated by reference, see Sec.  60.17).
    (b) Bag leak detection system means a system that is capable of 
continuously monitoring relative particulate matter (dust loadings) in 
the exhaust of a fabric filter to detect bag leaks and other upset 
conditions. A bag leak detection system includes, but is not limited to, 
an instrument that operates on triboelectric, light scattering, light 
transmittance, or other effect to continuously monitor relative 
particulate matter loadings.
    (c) Bituminous coal means solid fossil fuel classified as bituminous 
coal by

[[Page 468]]

ASTM D388 (incorporated by reference--see Sec.  60.17).
    (d) Coal means:
    (1) For units constructed, reconstructed, or modified on or before 
May 27, 2009, all solid fossil fuels classified as anthracite, 
bituminous, subbituminous, or lignite by ASTM D388 (incorporated by 
reference--see Sec.  60.17).
    (2) For units constructed, reconstructed, or modified after May 27, 
2009, all solid fossil fuels classified as anthracite, bituminous, 
subbituminous, or lignite by ASTM D388 (incorporated by reference--see 
Sec.  60.17), and coal refuse.
    (e) Coal preparation and processing plant means any facility 
(excluding underground mining operations) which prepares coal by one or 
more of the following processes: breaking, crushing, screening, wet or 
dry cleaning, and thermal drying.
    (f) Coal processing and conveying equipment means any machinery used 
to reduce the size of coal or to separate coal from refuse, and the 
equipment used to convey coal to or remove coal and refuse from the 
machinery. This includes, but is not limited to, breakers, crushers, 
screens, and conveyor belts. Equipment located at the mine face is not 
considered to be part of the coal preparation and processing plant.
    (g) Coal refuse means waste products of coal mining, physical coal 
cleaning, and coal preparation operations (e.g., culm, gob, etc.) 
containing coal, matrix material, clay, and other organic and inorganic 
material.
    (h) Coal storage system means any facility used to store coal except 
for open storage piles.
    (i) Design controlled potential PM emissions rate means the 
theoretical particulate matter (PM) emissions (Mg) that would result 
from the operation of a control device at its design emissions rate 
(grams per dry standard cubic meter (g/dscm)), multiplied by the maximum 
design flow rate (dry standard cubic meter per minute (dscm/min)), 
multiplied by 60 (minutes per hour (min/hr)), multiplied by 8,760 (hours 
per year (hr/yr)), divided by 1,000,000 (megagrams per gram (Mg/g)).
    (j) Indirect thermal dryer means a thermal dryer that reduces the 
moisture content of coal through indirect heating of the coal through 
contact with a heat transfer medium. If the source of heat (the source 
of combustion or furnace) is subject to another subpart of this part, 
then the furnace and the associated emissions are not part of the 
affected facility. However, if the source of heat is not subject to 
another subpart of this part, then the furnace and the associated 
emissions are part of the affected facility.
    (k) Lignite means coal that is classified as lignite A or B 
according to the American Society of Testing and Materials in ASTM D388 
(incorporated by reference, see Sec.  60.17).
    (l) Mechanical vent means any vent that uses a powered mechanical 
drive (machine) to induce air flow.
    (m) Open storage pile means any facility, including storage area, 
that is not enclosed that is used to store coal, including the equipment 
used in the loading, unloading, and conveying operations of the 
facility.
    (n) Operating day means a 24-hour period between 12 midnight and the 
following midnight during which coal is prepared or processed at any 
time by the affected facility. It is not necessary that coal be prepared 
or processed the entire 24-hour period.
    (o) Pneumatic coal-cleaning equipment means:
    (1) For units constructed, reconstructed, or modified on or before 
May 27, 2009, any facility which classifies bituminous coal by size or 
separates bituminous coal from refuse by application of air stream(s).
    (2) For units constructed, reconstructed, or modified after May 27, 
2009, any facility which classifies coal by size or separates coal from 
refuse by application of air stream(s).
    (p) Potential combustion concentration means the theoretical 
emissions (nanograms per joule (ng/J) or pounds per million British 
thermal units (lb/MMBtu) heat input) that would result from combustion 
of a fuel in an uncleaned state without emission control systems, as 
determined using Method 19 of appendix A-7 of this part.
    (q) Subbituminous coal means coal that is classified as 
subbituminous A, B, or C according to the American Society of Testing 
and Materials in

[[Page 469]]

ASTM D388 (incorporated by reference, see Sec.  60.17).
    (r) Thermal dryer means:
    (1) For units constructed, reconstructed, or modified on or before 
May 27, 2009, any facility in which the moisture content of bituminous 
coal is reduced by contact with a heated gas stream which is exhausted 
to the atmosphere.
    (2) For units constructed, reconstructed, or modified after May 27, 
2009, any facility in which the moisture content of coal is reduced by 
either contact with a heated gas stream which is exhausted to the 
atmosphere or through indirect heating of the coal through contact with 
a heated heat transfer medium.
    (s) Transfer and loading system means any facility used to transfer 
and load coal for shipment.



Sec.  60.252  Standards for thermal dryers.

    (a) On and after the date on which the performance test is conducted 
or required to be completed under Sec.  60.8, whichever date comes 
first, an owner or operator of a thermal dryer constructed, 
reconstructed, or modified on or before April 28, 2008, subject to the 
provisions of this subpart must meet the requirements in paragraphs 
(a)(1) and (a)(2) of this section.
    (1) The owner or operator shall not cause to be discharged into the 
atmosphere from the thermal dryer any gases which contain PM in excess 
of 0.070 g/dscm (0.031 grains per dry standard cubic feet (gr/dscf)); 
and
    (2) The owner or operator shall not cause to be discharged into the 
atmosphere from the thermal dryer any gases which exhibit 20 percent 
opacity or greater.
    (b) Except as provided in paragraph (c) of this section, on and 
after the date on which the performance test is conducted or required to 
be completed under Sec.  60.8, whichever date comes first, an owner or 
operator of a thermal dryer constructed, reconstructed, or modified 
after April 28, 2008, subject to the provisions of this subpart must 
meet the applicable standards for PM and opacity, as specified in 
paragraph (b)(1) of this section. In addition, and except as provided in 
paragraph (c) of this section, on and after the date on which the 
performance test is conducted or required to be completed under Sec.  
60.8, whichever date comes first, an owner or operator of a thermal 
dryer constructed, reconstructed, or modified after May 29, 2009, 
subject to the provisions of this subpart must also meet the applicable 
standards for sulfur dioxide (SO2), and combined nitrogen 
oxides (NOX) and carbon monoxide (CO) as specified in 
paragraphs (b)(2) and (b)(3) of this section.
    (1) The owner or operator must meet the requirements for PM 
emissions in paragraphs (b)(1)(i) through (iii) of this section, as 
applicable to the affected facility.
    (i) For each thermal dryer constructed or reconstructed after April 
28, 2008, the owner or operator must meet the requirements of 
(b)(1)(i)(A) and (b)(1)(i)(B).
    (A) The owner or operator must not cause to be discharged into the 
atmosphere from the thermal dryer any gases that contain PM in excess of 
0.023 g/dscm (0.010 grains per dry standard cubic feet (gr/dscf)); and
    (B) The owner or operator must not cause to be discharged into the 
atmosphere from the thermal dryer any gases that exhibit 10 percent 
opacity or greater.
    (ii) For each thermal dryer modified after April 28, 2008, the owner 
or operator must meet the requirements of paragraphs (b)(1)(ii)(A) and 
(b)(1)(ii)(B) of this section.
    (A) The owner or operator must not cause to be discharged to the 
atmosphere from the affected facility any gases which contain PM in 
excess of 0.070 g/dscm (0.031 gr/dscf); and
    (B) The owner or operator must not cause to be discharged into the 
atmosphere from the affected facility any gases which exhibit 20 percent 
opacity or greater.
    (2) Except as provided in paragraph (b)(2)(iii) of this section, for 
each thermal dryer constructed, reconstructed, or modified after May 27, 
2009, the owner or operator must meet the requirements for 
SO2 emissions in either paragraph (b)(2)(i) or (b)(2)(ii) of 
this section.
    (i) The owner or operator must not cause to be discharged into the 
atmosphere from the affected facility any

[[Page 470]]

gases that contain SO2 in excess of 85 ng/J (0.20 lb/MMBtu) 
heat input; or
    (ii) The owner or operator must not cause to be discharged into the 
atmosphere from the affected facility any gases that either contain 
SO2 in excess of 520 ng/J (1.20 lb/MMBtu) heat input or 
contain SO2 in excess of 10 percent of the potential 
combustion concentration (i.e., the facility must achieve at least a 90 
percent reduction of the potential combustion concentration and may not 
exceed a maximum emissions rate of 1.2 lb/MMBtu (520 ng/J)).
    (iii) Thermal dryers that receive all of their thermal input from a 
source other than coal or residual oil, that receive all of their 
thermal input from a source subject to an SO2 limit under 
another subpart of this part, or that use waste heat or residual from 
the combustion of coal or residual oil as their only thermal input are 
not subject to the SO2 limits of this section.
    (3) Except as provided in paragraph (b)(3)(iii) of this section, the 
owner or operator must meet the requirements for combined NOX 
and CO emissions in paragraph (b)(3)(i) or (b)(3)(ii) of this section, 
as applicable to the affected facility.
    (i) For each thermal dryer constructed after May 27, 2009, the owner 
or operator must not cause to be discharged into the atmosphere from the 
affected facility any gases which contain a combined concentration of 
NOX and CO in excess of 280 ng/J (0.65 lb/MMBtu) heat input.
    (ii) For each thermal dryer reconstructed or modified after May 27, 
2009, the owner or operator must not cause to be discharged into the 
atmosphere from the affected facility any gases which contain combined 
concentration of NOX and CO in excess of 430 ng/J (1.0 lb/
MMBtu) heat input.
    (iii) Thermal dryers that receive all of their thermal input from a 
source other than coal or residual oil, that receive all of their 
thermal input from a source subject to a NOX limit and/or CO 
limit under another subpart of this part, or that use waste heat or 
residual from the combustion of coal or residual oil as their only 
thermal input, are not subject to the combined NOX and CO 
limits of this section.
    (c) Thermal dryers receiving all of their thermal input from an 
affected facility covered under another 40 CFR Part 60 subpart must meet 
the applicable requirements in that subpart but are not subject to the 
requirements in this subpart.



Sec.  60.253  Standards for pneumatic coal-cleaning equipment.

    (a) On and after the date on which the performance test is conducted 
or required to be completed under Sec.  60.8, whichever date comes 
first, an owner or operator of pneumatic coal-cleaning equipment 
constructed, reconstructed, or modified on or before April 28, 2008, 
must meet the requirements of paragraphs (a)(1) and (a)(2) of this 
section.
    (1) The owner or operator must not cause to be discharged into the 
atmosphere from the pneumatic coal-cleaning equipment any gases that 
contain PM in excess of 0.040 g/dscm (0.017 gr/dscf); and
    (2) The owner or operator must not cause to be discharged into the 
atmosphere from the pneumatic coal-cleaning equipment any gases that 
exhibit 10 percent opacity or greater.
    (b) On and after the date on which the performance test is conducted 
or required to be completed under Sec.  60.8, whichever date comes 
first, an owner or operator of pneumatic coal-cleaning equipment 
constructed, reconstructed, or modified after April 28, 2008, must meet 
the requirements in paragraphs (b)(1) and (b)(2) of this section.
    (1) The owner of operator must not cause to be discharged into the 
atmosphere from the pneumatic coal-cleaning equipment any gases that 
contain PM in excess or 0.023 g/dscm (0.010 gr/dscf); and
    (2) The owner or operator must not cause to be discharged into the 
atmosphere from the pneumatic coal-cleaning equipment any gases that 
exhibit greater than 5 percent opacity.



Sec.  60.254  Standards for coal processing and conveying equipment,
coal storage systems, transfer and loading systems, and open storage
piles.

    (a) On and after the date on which the performance test is conducted 
or required to be completed under Sec.  60.8, whichever date comes 
first, an owner

[[Page 471]]

or operator shall not cause to be discharged into the atmosphere from 
any coal processing and conveying equipment, coal storage system, or 
coal transfer and loading system processing coal constructed, 
reconstructed, or modified on or before April 28, 2008, gases which 
exhibit 20 percent opacity or greater.
    (b) On and after the date on which the performance test is conducted 
or required to be completed under Sec.  60.8, whichever date comes 
first, an owner or operator of any coal processing and conveying 
equipment, coal storage system, or coal transfer and loading system 
processing coal constructed, reconstructed, or modified after April 28, 
2008, must meet the requirements in paragraphs (b)(1) through (3) of 
this section, as applicable to the affected facility.
    (1) Except as provided in paragraph (b)(3) of this section, the 
owner or operator must not cause to be discharged into the atmosphere 
from the affected facility any gases which exhibit 10 percent opacity or 
greater.
    (2) The owner or operator must not cause to be discharged into the 
atmosphere from any mechanical vent on an affected facility gases which 
contain particulate matter in excess of 0.023 g/dscm (0.010 gr/dscf).
    (3) Equipment used in the loading, unloading, and conveying 
operations of open storage piles are not subject to the opacity 
limitations of paragraph (b)(1) of this section.
    (c) The owner or operator of an open storage pile, which includes 
the equipment used in the loading, unloading, and conveying operations 
of the affected facility, constructed, reconstructed, or modified after 
May 27, 2009, must prepare and operate in accordance with a submitted 
fugitive coal dust emissions control plan that is appropriate for the 
site conditions as specified in paragraphs (c)(1) through (6) of this 
section.
    (1) The fugitive coal dust emissions control plan must identify and 
describe the control measures the owner or operator will use to minimize 
fugitive coal dust emissions from each open storage pile.
    (2) For open coal storage piles, the fugitive coal dust emissions 
control plan must require that one or more of the following control 
measures be used to minimize to the greatest extent practicable fugitive 
coal dust: Locating the source inside a partial enclosure, installing 
and operating a water spray or fogging system, applying appropriate 
chemical dust suppression agents on the source (when the provisions of 
paragraph (c)(6) of this section are met), use of a wind barrier, 
compaction, or use of a vegetative cover. The owner or operator must 
select, for inclusion in the fugitive coal dust emissions control plan, 
the control measure or measures listed in this paragraph that are most 
appropriate for site conditions. The plan must also explain how the 
measure or measures selected are applicable and appropriate for site 
conditions. In addition, the plan must be revised as needed to reflect 
any changing conditions at the source.
    (3) Any owner or operator of an affected facility that is required 
to have a fugitive coal dust emissions control plan may petition the 
Administrator to approve, for inclusion in the plan for the affected 
facility, alternative control measures other than those specified in 
paragraph (c)(2) of this section as specified in paragraphs (c)(3)(i) 
through (iv) of this section.
    (i) The petition must include a description of the alternative 
control measures, a copy of the fugitive coal dust emissions control 
plan for the affected facility that includes the alternative control 
measures, and information sufficient for EPA to evaluate the 
demonstrations required by paragraph (c)(3)(ii) of this section.
    (ii) The owner or operator must either demonstrate that the fugitive 
coal dust emissions control plan that includes the alternate control 
measures will provide equivalent overall environmental protection or 
demonstrate that it is either economically or technically infeasible for 
the affected facility to use the control measures specifically 
identified in paragraph (c)(2).
    (iii) While the petition is pending, the owner or operator must 
comply with the fugitive coal dust emissions control plan including the 
alternative control measures submitted with the petition. Operation in 
accordance with

[[Page 472]]

the plan submitted with the petition shall be deemed to constitute 
compliance with the requirement to operate in accordance with a fugitive 
coal dust emissions control plan that contains one of the control 
measures specifically identified in paragraph (c)(2) of this section 
while the petition is pending.
    (iv) If the petition is approved by the Administrator, the 
alternative control measures will be approved for inclusion in the 
fugitive coal dust emissions control plan for the affected facility. In 
lieu of amending this subpart, a letter will be sent to the facility 
describing the specific control measures approved. The facility shall 
make any such letters and the applicable fugitive coal dust emissions 
control plan available to the public. If the Administrator determines it 
is appropriate, the conditions and requirements of the letter can be 
reviewed and changed at any point.
    (4) The owner or operator must submit the fugitive coal dust 
emissions control plan to the Administrator or delegated authority as 
specified in paragraphs (c)(4)(i) and (c)(4)(ii) of this section.
    (i) The plan must be submitted to the Administrator or delegated 
authority prior to startup of the new, reconstructed, or modified 
affected facility, or 30 days after the effective date of this rule, 
whichever is later.
    (ii) The plan must be revised as needed to reflect any changing 
conditions at the source. Such revisions must be dated and submitted to 
the Administrator or delegated authority before a source can operate 
pursuant to these revisions. The Administrator or delegated authority 
may also object to such revisions as specified in paragraph (c)(5) of 
this section.
    (5) The Administrator or delegated authority may object to the 
fugitive coal dust emissions control plan as specified in paragraphs 
(c)(5)(i) and (c)(5)(ii) of this section.
    (i) The Administrator or delegated authority may object to any 
fugitive coal dust emissions control plan that it has determined does 
not meet the requirements of paragraphs (c)(1) and (c)(2) of this 
section.
    (ii) If an objection is raised, the owner or operator, within 30 
days from receipt of the objection, must submit a revised fugitive coal 
dust emissions control plan to the Administrator or delegated authority. 
The owner or operator must operate in accordance with the revised 
fugitive coal dust emissions control plan. The Administrator or 
delegated authority retain the right, under paragraph (c)(5) of this 
section, to object to the revised control plan if it determines the plan 
does not meet the requirements of paragraphs (c)(1) and (c)(2) of this 
section.
    (6) Where appropriate chemical dust suppression agents are selected 
by the owner or operator as a control measure to minimize fugitive coal 
dust emissions, (1) only chemical dust suppressants with Occupational 
Safety and Health Administration (OSHA)-compliant material safety data 
sheets (MSDS) are to be allowed; (2) the MSDS must be included in the 
fugitive coal dust emissions control plan; and (3) the owner or operator 
must consider and document in the fugitive coal dust emissions control 
plan the site-specific impacts associated with the use of such chemical 
dust suppressants.



Sec.  60.255  Performance tests and other compliance requirements.

    (a) An owner or operator of each affected facility that commenced 
construction, reconstruction, or modification on or before April 28, 
2008, must conduct all performance tests required by Sec.  60.8 to 
demonstrate compliance with the applicable emission standards using the 
methods identified in Sec.  60.257.
    (b) An owner or operator of each affected facility that commenced 
construction, reconstruction, or modification after April 28, 2008, must 
conduct performance tests according to the requirements of Sec.  60.8 
and the methods identified in Sec.  60.257 to demonstrate compliance 
with the applicable emissions standards in this subpart as specified in 
paragraphs (b)(1) and (2) of this section.
    (1) For each affected facility subject to a PM, SO2, or 
combined NOX and CO emissions standard, an initial 
performance test must be performed. Thereafter, a new performance test 
must be conducted according the requirements

[[Page 473]]

in paragraphs (b)(1)(i) through (iii) of this section, as applicable.
    (i) If the results of the most recent performance test demonstrate 
that emissions from the affected facility are greater than 50 percent of 
the applicable emissions standard, a new performance test must be 
conducted within 12 calendar months of the date that the previous 
performance test was required to be completed.
    (ii) If the results of the most recent performance test demonstrate 
that emissions from the affected facility are 50 percent or less of the 
applicable emissions standard, a new performance test must be conducted 
within 24 calendar months of the date that the previous performance test 
was required to be completed.
    (iii) An owner or operator of an affected facility that has not 
operated for the 60 calendar days prior to the due date of a performance 
test is not required to perform the subsequent performance test until 30 
calendar days after the next operating day.
    (2) For each affected facility subject to an opacity standard, an 
initial performance test must be performed. Thereafter, a new 
performance test must be conducted according to the requirements in 
paragraphs (b)(2)(i) through (iii) of this section, as applicable, 
except as provided for in paragraphs (e) and (f) of this section. 
Performance test and other compliance requirements for coal truck dump 
operations are specified in paragraph (h) of this section.
    (i) If any 6-minute average opacity reading in the most recent 
performance test exceeds half the applicable opacity limit, a new 
performance test must be conducted within 90 operating days of the date 
that the previous performance test was required to be completed.
    (ii) If all 6-minute average opacity readings in the most recent 
performance test are equal to or less than half the applicable opacity 
limit, a new performance test must be conducted within 12 calendar 
months of the date that the previous performance test was required to be 
completed.
    (iii) An owner or operator of an affected facility continuously 
monitoring scrubber parameters as specified in Sec.  60.256(b)(2) is 
exempt from the requirements in paragraphs (b)(2)(i) and (ii) if opacity 
performance tests are conducted concurrently with (or within a 60-minute 
period of) PM performance tests.
    (c) If any affected coal processing and conveying equipment (e.g., 
breakers, crushers, screens, conveying systems), coal storage systems, 
or coal transfer and loading systems that commenced construction, 
reconstruction, or modification after April 28, 2008, are enclosed in a 
building, and emissions from the building do not exceed any of the 
standards in Sec.  60.254 that apply to the affected facility, then the 
facility shall be deemed to be in compliance with such standards.
    (d) An owner or operator of an affected facility (other than a 
thermal dryer) that commenced construction, reconstruction, or 
modification after April 28, 2008, is subject to a PM emission standard 
and uses a control device with a design controlled potential PM 
emissions rate of 1.0 Mg (1.1 tons) per year or less is exempted from 
the requirements of paragraphs (b)(1)(i) and (ii) of this section 
provided that the owner or operator meets all of the conditions 
specified in paragraphs (d)(1) through (3) of this section. This 
exemption does not apply to thermal dryers.
    (1) PM emissions, as determined by the most recent performance test, 
are less than or equal to the applicable limit,
    (2) The control device manufacturer's recommended maintenance 
procedures are followed, and
    (3) All 6-minute average opacity readings from the most recent 
performance test are equal to or less than half the applicable opacity 
limit or the monitoring requirements in paragraphs (e) or (f) of this 
section are followed.
    (e) For an owner or operator of a group of up to five of the same 
type of affected facilities that commenced construction, reconstruction, 
or modification after April 28, 2008, that are subject to PM emissions 
standards and use identical control devices, the Administrator or 
delegated authority may allow the owner or operator to use a single PM 
performance test for one of

[[Page 474]]

the affected control devices to demonstrate that the group of affected 
facilities is in compliance with the applicable emissions standards 
provided that the owner or operator meets all of the conditions 
specified in paragraphs (e)(1) through (3) of this section.
    (1) PM emissions from the most recent performance test for each 
individual affected facility are 90 percent or less of the applicable PM 
standard;
    (2) The manufacturer's recommended maintenance procedures are 
followed for each control device; and
    (3) A performance test is conducted on each affected facility at 
least once every 5 calendar years.
    (f) As an alternative to meeting the requirements in paragraph 
(b)(2) of this section, an owner or operator of an affected facility 
that commenced construction, reconstruction, or modification after April 
28, 2008, may elect to comply with the requirements in paragraph (f)(1) 
or (f)(2) of this section.
    (1) Monitor visible emissions from each affected facility according 
to the requirements in paragraphs (f)(1)(i) through (iii) of this 
section.
    (i) Conduct one daily 15-second observation each operating day for 
each affected facility (during normal operation) when the coal 
preparation and processing plant is in operation. Each observation must 
be recorded as either visible emissions observed or no visible emissions 
observed. Each observer determining the presence of visible emissions 
must meet the training requirements specified in Sec.  2.3 of Method 22 
of appendix A-7 of this part. If visible emissions are observed during 
any 15-second observation, the owner or operator must adjust the 
operation of the affected facility and demonstrate within 24 hours that 
no visible emissions are observed from the affected facility. If visible 
emissions are observed, a Method 9, of appendix A-4 of this part, 
performance test must be conducted within 45 operating days.
    (ii) Conduct monthly visual observations of all process and control 
equipment. If any deficiencies are observed, the necessary maintenance 
must be performed as expeditiously as possible.
    (iii) Conduct a performance test using Method 9 of appendix A-4 of 
this part at least once every 5 calendar years for each affected 
facility.
    (2) Prepare a written site-specific monitoring plan for a digital 
opacity compliance system for approval by the Administrator or delegated 
authority. The plan shall require observations of at least one digital 
image every 15 seconds for 10-minute periods (during normal operation) 
every operating day. An approvable monitoring plan must include a 
demonstration that the occurrences of visible emissions are not in 
excess of 5 percent of the observation period. For reference purposes in 
preparing the monitoring plan, see OAQPS ``Determination of Visible 
Emission Opacity from Stationary Sources Using Computer-Based 
Photographic Analysis Systems.'' This document is available from the 
U.S. Environmental Protection Agency (U.S. EPA); Office of Air Quality 
and Planning Standards; Sector Policies and Programs Division; 
Measurement Group (D243-02), Research Triangle Park, NC 27711. This 
document is also available on the Technology Transfer Network (TTN) 
under Emission Measurement Center Preliminary Methods. The monitoring 
plan approved by the Administrator or delegated authority shall be 
implemented by the owner or operator.
    (g) As an alternative to meeting the requirements in paragraph 
(b)(2) of this section, an owner or operator of an affected facility 
that commenced construction, reconstruction, or modification after April 
28, 2008, subject to a visible emissions standard under this subpart may 
install, operate, and maintain a continuous opacity monitoring system 
(COMS). Each COMS used to comply with provisions of this subpart must be 
installed, calibrated, maintained, and continuously operated according 
to the requirements in paragraphs (g)(1) and (2) of this section.
    (1) The COMS must meet Performance Specification 1 in 40 CFR part 
60, appendix B.
    (2) The COMS must comply with the quality assurance requirements in 
paragraphs (g)(2)(i) through (v) of this section.
    (i) The owner or operator must automatically (intrinsic to the 
opacity monitor) check the zero and upscale (span) calibration drifts at 
least once

[[Page 475]]

daily. For particular COMS, the acceptable range of zero and upscale 
calibration materials is as defined in the applicable version of 
Performance Specification 1 in 40 CFR part 60, appendix B.
    (ii) The owner or operator must adjust the zero and span whenever 
the 24-hour zero drift or 24-hour span drift exceeds 4 percent opacity. 
The COMS must allow for the amount of excess zero and span drift 
measured at the 24-hour interval checks to be recorded and quantified. 
The optical surfaces exposed to the effluent gases must be cleaned prior 
to performing the zero and span drift adjustments, except for systems 
using automatic zero adjustments. For systems using automatic zero 
adjustments, the optical surfaces must be cleaned when the cumulative 
automatic zero compensation exceeds 4 percent opacity.
    (iii) The owner or operator must apply a method for producing a 
simulated zero opacity condition and an upscale (span) opacity condition 
using a certified neutral density filter or other related technique to 
produce a known obscuration of the light beam. All procedures applied 
must provide a system check of the analyzer internal optical surfaces 
and all electronic circuitry including the lamp and photodetector 
assembly.
    (iv) Except during periods of system breakdowns, repairs, 
calibration checks, and zero and span adjustments, the COMS must be in 
continuous operation and must complete a minimum of one cycle of 
sampling and analyzing for each successive 10-second period and one 
cycle of data recording for each successive 6-minute period.
    (v) The owner or operator must reduce all data from the COMS to 6-
minute averages. Six-minute opacity averages must be calculated from 36 
or more data points equally spaced over each 6-minute period. Data 
recorded during periods of system breakdowns, repairs, calibration 
checks, and zero and span adjustments must not be included in the data 
averages. An arithmetic or integrated average of all data may be used.
    (h) The owner or operator of each affected coal truck dump operation 
that commenced construction, reconstruction, or modification after April 
28, 2008, must meet the requirements specified in paragraphs (h)(1) 
through (3) of this section.
    (1) Conduct an initial performance test using Method 9 of appendix 
A-4 of this part according to the requirements in paragraphs (h)(1)(i) 
and(ii).
    (i) Opacity readings shall be taken during the duration of three 
separate truck dump events. Each truck dump event commences when the 
truck bed begins to elevate and concludes when the truck bed returns to 
a horizontal position.
    (ii) Compliance with the applicable opacity limit is determined by 
averaging all 15-second opacity readings made during the duration of 
three separate truck dump events.
    (2) Conduct monthly visual observations of all process and control 
equipment. If any deficiencies are observed, the necessary maintenance 
must be performed as expeditiously as possible.
    (3) Conduct a performance test using Method 9 of appendix A-4 of 
this part at least once every 5 calendar years for each affected 
facility.



Sec.  60.256  Continuous monitoring requirements.

    (a) The owner or operator of each affected facility constructed, 
reconstructed, or modified on or before April 28, 2008, must meet the 
monitoring requirements specified in paragraphs (a)(1) and (2) of this 
section, as applicable to the affected facility.
    (1) The owner or operator of any thermal dryer shall install, 
calibrate, maintain, and continuously operate monitoring devices as 
follows:
    (i) A monitoring device for the measurement of the temperature of 
the gas stream at the exit of the thermal dryer on a continuous basis. 
The monitoring device is to be certified by the manufacturer to be 
accurate within 1.7 [deg]C (3 [deg]F).
    (ii) For affected facilities that use wet scrubber emission control 
equipment:
    (A) A monitoring device for the continuous measurement of the 
pressure loss through the venturi constriction of the control equipment. 
The monitoring device is to be certified by the

[[Page 476]]

manufacturer to be accurate within 1 inch water 
gauge.
    (B) A monitoring device for the continuous measurement of the water 
supply pressure to the control equipment. The monitoring device is to be 
certified by the manufacturer to be accurate within 5 percent of design water supply pressure. The pressure 
sensor or tap must be located close to the water discharge point. The 
Administrator shall have discretion to grant requests for approval of 
alternative monitoring locations.
    (2) All monitoring devices under paragraph (a) of this section are 
to be recalibrated annually in accordance with procedures under Sec.  
60.13(b).
    (b) The owner or operator of each affected facility constructed, 
reconstructed, or modified after April 28, 2008, that has one or more 
mechanical vents must install, calibrate, maintain, and continuously 
operate the monitoring devices specified in paragraphs (b)(1) through 
(3) of this section, as applicable to the mechanical vent and any 
control device installed on the vent.
    (1) For mechanical vents with fabric filters (baghouses) with design 
controlled potential PM emissions rates of 25 Mg (28 tons) per year or 
more, a bag leak detection system according to the requirements in 
paragraph (c) of this section.
    (2) For mechanical vents with wet scrubbers, monitoring devices 
according to the requirements in paragraphs (b)(2)(i) through (iv) of 
this section.
    (i) A monitoring device for the continuous measurement of the 
pressure loss through the venturi constriction of the control equipment. 
The monitoring device is to be certified by the manufacturer to be 
accurate within 1 inch water gauge.
    (ii) A monitoring device for the continuous measurement of the water 
supply flow rate to the control equipment. The monitoring device is to 
be certified by the manufacturer to be accurate within 5 percent of design water supply flow rate.
    (iii) A monitoring device for the continuous measurement of the pH 
of the wet scrubber liquid. The monitoring device is to be certified by 
the manufacturer to be accurate within 5 percent 
of design pH.
    (iv) An average value for each monitoring parameter must be 
determined during each performance test. Each monitoring parameter must 
then be maintained within 10 percent of the value established during the 
most recent performance test on an operating day average basis.
    (3) For mechanical vents with control equipment other than wet 
scrubbers, a monitoring device for the continuous measurement of the 
reagent injection flow rate to the control equipment, as applicable. The 
monitoring device is to be certified by the manufacturer to be accurate 
within 5 percent of design injection flow rate. An 
average reagent injection flow rate value must be determined during each 
performance test. The reagent injection flow rate must then be 
maintained within 10 percent of the value established during the most 
recent performance test on an operating day average basis.
    (c) Each bag leak detection system used to comply with provisions of 
this subpart must be installed, calibrated, maintained, and continuously 
operated according to the requirements in paragraphs (c)(1) through (3) 
of this section.
    (1) The bag leak detection system must meet the specifications and 
requirements in paragraphs (c)(1)(i) through (viii) of this section.
    (i) The bag leak detection system must be certified by the 
manufacturer to be capable of detecting PM emissions at concentrations 
of 1 milligram per dry standard cubic meter (mg/dscm) (0.00044 grains 
per actual cubic foot (gr/acf)) or less.
    (ii) The bag leak detection system sensor must provide output of 
relative PM loadings. The owner or operator shall continuously record 
the output from the bag leak detection system using electronic or other 
means (e.g., using a strip chart recorder or a data logger).
    (iii) The bag leak detection system must be equipped with an alarm 
system that will sound when the system detects an increase in relative 
particulate loading over the alarm set point established according to 
paragraph (c)(1)(iv) of this section, and the alarm must be located such 
that it can be

[[Page 477]]

heard by the appropriate plant personnel.
    (iv) In the initial adjustment of the bag leak detection system, the 
owner or operator must establish, at a minimum, the baseline output by 
adjusting the sensitivity (range) and the averaging period of the 
device, the alarm set points, and the alarm delay time.
    (v) Following initial adjustment, the owner or operator must not 
adjust the averaging period, alarm set point, or alarm delay time 
without approval from the Administrator or delegated authority except as 
provided in paragraph (c)(2)(vi) of this section.
    (vi) Once per quarter, the owner or operator may adjust the 
sensitivity of the bag leak detection system to account for seasonal 
effects, including temperature and humidity, according to the procedures 
identified in the site-specific monitoring plan required by paragraph 
(c)(2) of this section.
    (vii) The owner or operator must install the bag leak detection 
sensor downstream of the fabric filter.
    (viii) Where multiple detectors are required, the system's 
instrumentation and alarm may be shared among detectors.
    (2) The owner or operator must develop and submit to the 
Administrator or delegated authority for approval a site-specific 
monitoring plan for each bag leak detection system. This plan must be 
submitted to the Administrator or delegated authority 30 days prior to 
startup of the affected facility. The owner or operator must operate and 
maintain the bag leak detection system according to the site-specific 
monitoring plan at all times. Each monitoring plan must describe the 
items in paragraphs (c)(2)(i) through (vi) of this section.
    (i) Installation of the bag leak detection system;
    (ii) Initial and periodic adjustment of the bag leak detection 
system, including how the alarm set-point will be established;
    (iii) Operation of the bag leak detection system, including quality 
assurance procedures;
    (iv) How the bag leak detection system will be maintained, including 
a routine maintenance schedule and spare parts inventory list;
    (v) How the bag leak detection system output will be recorded and 
stored; and
    (vi) Corrective action procedures as specified in paragraph (c)(3) 
of this section. In approving the site-specific monitoring plan, the 
Administrator or delegated authority may allow the owner and operator 
more than 3 hours to alleviate a specific condition that causes an alarm 
if the owner or operator identifies in the monitoring plan this specific 
condition as one that could lead to an alarm, adequately explains why it 
is not feasible to alleviate this condition within 3 hours of the time 
the alarm occurs, and demonstrates that the requested time will ensure 
alleviation of this condition as expeditiously as practicable.
    (3) For each bag leak detection system, the owner or operator must 
initiate procedures to determine the cause of every alarm within 1 hour 
of the alarm. Except as provided in paragraph (c)(2)(vi) of this 
section, the owner or operator must alleviate the cause of the alarm 
within 3 hours of the alarm by taking whatever corrective action(s) are 
necessary. Corrective actions may include, but are not limited to the 
following:
    (i) Inspecting the fabric filter for air leaks, torn or broken bags 
or filter media, or any other condition that may cause an increase in PM 
emissions;
    (ii) Sealing off defective bags or filter media;
    (iii) Replacing defective bags or filter media or otherwise 
repairing the control device;
    (iv) Sealing off a defective fabric filter compartment;
    (v) Cleaning the bag leak detection system probe or otherwise 
repairing the bag leak detection system; or
    (vi) Shutting down the process producing the PM emissions.



Sec.  60.257  Test methods and procedures.

    (a) The owner or operator must determine compliance with the 
applicable opacity standards as specified in paragraphs (a)(1) through 
(3) of this section.
    (1) Method 9 of appendix A-4 of this part and the procedures in 
Sec.  60.11 must be used to determine opacity, with the

[[Page 478]]

exceptions specified in paragraphs (a)(1)(i) and (ii).
    (i) The duration of the Method 9 of appendix A-4 of this part 
performance test shall be 1 hour (ten 6-minute averages).
    (ii) If, during the initial 30 minutes of the observation of a 
Method 9 of appendix A-4 of this part performance test, all of the 6-
minute average opacity readings are less than or equal to half the 
applicable opacity limit, then the observation period may be reduced 
from 1 hour to 30 minutes.
    (2) To determine opacity for fugitive coal dust emissions sources, 
the additional requirements specified in paragraphs (a)(2)(i) through 
(iii) must be used.
    (i) The minimum distance between the observer and the emission 
source shall be 5.0 meters (16 feet), and the sun shall be oriented in 
the 140-degree sector of the back.
    (ii) The observer shall select a position that minimizes 
interference from other fugitive coal dust emissions sources and make 
observations such that the line of vision is approximately perpendicular 
to the plume and wind direction.
    (iii) The observer shall make opacity observations at the point of 
greatest opacity in that portion of the plume where condensed water 
vapor is not present. Water vapor is not considered a visible emission.
    (3) A visible emissions observer may conduct visible emission 
observations for up to three fugitive, stack, or vent emission points 
within a 15-second interval if the following conditions specified in 
paragraphs (a)(3)(i) through (iii) of this section are met.
    (i) No more than three emissions points may be read concurrently.
    (ii) All three emissions points must be within a 70 degree viewing 
sector or angle in front of the observer such that the proper sun 
position can be maintained for all three points.
    (iii) If an opacity reading for any one of the three emissions 
points is within 5 percent opacity from the applicable standard 
(excluding readings of zero opacity), then the observer must stop taking 
readings for the other two points and continue reading just that single 
point.
    (b) The owner or operator must conduct all performance tests 
required by Sec.  60.8 to demonstrate compliance with the applicable 
emissions standards specified in Sec.  60.252 according to the 
requirements in Sec.  60.8 using the applicable test methods and 
procedures in paragraphs (b)(1) through (8) of this section.
    (1) Method 1 or 1A of appendix A-4 of this part shall be used to 
select sampling port locations and the number of traverse points in each 
stack or duct. Sampling sites must be located at the outlet of the 
control device (or at the outlet of the emissions source if no control 
device is present) prior to any releases to the atmosphere.
    (2) Method 2, 2A, 2C, 2D, 2F, or 2G of appendix A-4 of this part 
shall be used to determine the volumetric flow rate of the stack gas.
    (3) Method 3, 3A, or 3B of appendix A-4 of this part shall be used 
to determine the dry molecular weight of the stack gas. The owner or 
operator may use ANSI/ASME PTC 19.10-1981, ``Flue and Exhaust Gas 
Analyses (incorporated by reference--see Sec.  60.17) as an alternative 
to Method 3B of appendix A-2 of this part.
    (4) Method 4 of appendix A-4 of this part shall be used to determine 
the moisture content of the stack gas.
    (5) Method 5, 5B or 5D of appendix A-4 of this part or Method 17 of 
appendix A-7 of this part shall be used to determine the PM 
concentration as follows:
    (i) The sampling time and sample volume for each run shall be at 
least 60 minutes and 0.85 dscm (30 dscf). Sampling shall begin no less 
than 30 minutes after startup and shall terminate before shutdown 
procedures begin. A minimum of three valid test runs are needed to 
comprise a PM performance test.
    (ii) Method 5 of appendix A of this part shall be used only to test 
emissions from affected facilities without wet flue gas desulfurization 
(FGD) systems.
    (iii) Method 5B of appendix A of this part is to be used only after 
wet FGD systems.

[[Page 479]]

    (iv) Method 5D of appendix A-4 of this part shall be used for 
positive pressure fabric filters and other similar applications (e.g., 
stub stacks and roof vents).
    (v) Method 17 of appendix A-6 of this part may be used at facilities 
with or without wet scrubber systems provided the stack gas temperature 
does not exceed a temperature of 160 [deg]C (320 [deg]F). The procedures 
of sections 8.1 and 11.1 of Method 5B of appendix A-3 of this part may 
be used in Method 17 of appendix A-6 of this part only if it is used 
after a wet FGD system. Do not use Method 17 of appendix A-6 of this 
part after wet FGD systems if the effluent is saturated or laden with 
water droplets.
    (6) Method 6, 6A, or 6C of appendix A-4 of this part shall be used 
to determine the SO2 concentration. A minimum of three valid 
test runs are needed to comprise an SO2 performance test.
    (7) Method 7 or 7E of appendix A-4 of this part shall be used to 
determine the NOX concentration. A minimum of three valid 
test runs are needed to comprise an NOX performance test.
    (8) Method 10 of appendix A-4 of this part shall be used to 
determine the CO concentration. A minimum of three valid test runs are 
needed to comprise a CO performance test. CO performance tests are 
conducted concurrently (or within a 60-minute period) with 
NOX performance tests.



Sec.  60.258  Reporting and recordkeeping.

    (a) The owner or operator of a coal preparation and processing plant 
that commenced construction, reconstruction, or modification after April 
28, 2008, shall maintain in a logbook (written or electronic) on-site 
and make it available upon request. The logbook shall record the 
following:
    (1) The manufacturer's recommended maintenance procedures and the 
date and time of any maintenance and inspection activities and the 
results of those activities. Any variance from manufacturer 
recommendation, if any, shall be noted.
    (2) The date and time of periodic coal preparation and processing 
plant visual observations, noting those sources with visible emissions 
along with corrective actions taken to reduce visible emissions. Results 
from the actions shall be noted.
    (3) The amount and type of coal processed each calendar month.
    (4) The amount of chemical stabilizer or water purchased for use in 
the coal preparation and processing plant.
    (5) Monthly certification that the dust suppressant systems were 
operational when any coal was processed and that manufacturer's 
recommendations were followed for all control systems. Any variance from 
the manufacturer's recommendations, if any, shall be noted.
    (6) Monthly certification that the fugitive coal dust emissions 
control plan was implemented as described. Any variance from the plan, 
if any, shall be noted. A copy of the applicable fugitive coal dust 
emissions control plan and any letters from the Administrator providing 
approval of any alternative control measures shall be maintained with 
the logbook. Any actions, e.g., objections, to the plan and any actions 
relative to the alternative control measures, e.g., approvals, shall be 
noted in the logbook as well.
    (7) For each bag leak detection system, the owner or operator must 
keep the records specified in paragraphs (a)(7)(i) through (iii) of this 
section.
    (i) Records of the bag leak detection system output;
    (ii) Records of bag leak detection system adjustments, including the 
date and time of the adjustment, the initial bag leak detection system 
settings, and the final bag leak detection settings; and
    (iii) The date and time of all bag leak detection system alarms, the 
time that procedures to determine the cause of the alarm were initiated, 
the cause of the alarm, an explanation of the actions taken, the date 
and time the cause of the alarm was alleviated, and whether the cause of 
the alarm was alleviated within 3 hours of the alarm.
    (8) A copy of any applicable monitoring plan for a digital opacity 
compliance system and monthly certification that the plan was 
implemented as described. Any variance from plan, if any, shall be 
noted.
    (9) During a performance test of a wet scrubber, and each operating 
day

[[Page 480]]

thereafter, the owner or operator shall record the measurements of the 
scrubber pressure loss, water supply flow rate, and pH of the wet 
scrubber liquid.
    (10) During a performance test of control equipment other than a wet 
scrubber, and each operating day thereafter, the owner or operator shall 
record the measurements of the reagent injection flow rate, as 
applicable.
    (b) For the purpose of reports required under section 60.7(c), any 
owner operator subject to the provisions of this subpart also shall 
report semiannually periods of excess emissions as follow:
    (1) The owner or operator of an affected facility with a wet 
scrubber shall submit semiannual reports to the Administrator or 
delegated authority of occurrences when the measurements of the scrubber 
pressure loss, water supply flow rate, or pH of the wet scrubber liquid 
vary by more than 10 percent from the average determined during the most 
recent performance test.
    (2) The owner or operator of an affected facility with control 
equipment other than a wet scrubber shall submit semiannual reports to 
the Administrator or delegated authority of occurrences when the 
measurements of the reagent injection flow rate, as applicable, vary by 
more than 10 percent from the average determined during the most recent 
performance test.
    (3) All 6-minute average opacities that exceed the applicable 
standard.
    (c) The owner or operator of an affected facility shall submit the 
results of initial performance tests to the Administrator or delegated 
authority, consistent with the provisions of section 60.8. The owner or 
operator who elects to comply with the reduced performance testing 
provisions of sections 60.255(c) or (d) shall include in the performance 
test report identification of each affected facility that will be 
subject to the reduced testing. The owner or operator electing to comply 
with section 60.255(d) shall also include information which demonstrates 
that the control devices are identical.
    (d) After July 1, 2011, within 60 days after the date of completing 
each performance evaluation conducted to demonstrate compliance with 
this subpart, the owner or operator of the affected facility must submit 
the test data to EPA by successfully entering the data electronically 
into EPA's WebFIRE data base available at http://cfpub.epa.gov/oarweb /
index.cfm?action = fire.main. For performance tests that cannot be 
entered into WebFIRE (i.e., Method 9 of appendix A-4 of this part 
opacity performance tests) the owner or operator of the affected 
facility must mail a summary copy to United States Environmental 
Protection Agency; Energy Strategies Group; 109 TW Alexander DR; mail 
code: D243-01; RTP, NC 27711.



 Subpart Z_Standards of Performance for Ferroalloy Production Facilities

    Source: 41 FR 18501, May 4, 1976, unless otherwise noted.



Sec.  60.260  Applicability and designation of affected facility.

    (a) The provisions of this subpart are applicable to the following 
affected facilities: Electric submerged arc furnaces which produce 
silicon metal, ferrosilicon, calcium silicon, silicomanganese zirconium, 
ferrochrome silicon, silvery iron, high-carbon ferrochrome, charge 
chrome, standard ferromanganese, silicomanganese, ferromanganese 
silicon, or calcium carbide; and dust-handling equipment.
    (b) Any facility under paragraph (a) of this section that commences 
construction or modification after October 21, 1974, is subject to the 
requirements of this subpart.

[42 FR 37938, July 25, 1977]



Sec.  60.261  Definitions.

    As used in this subpart, all terms not defined herein shall have the 
meaning given them in the Act and in subpart A of this part.
    (a) Electric submerged arc furnace means any furnace wherein 
electrical energy is converted to heat energy by transmission of current 
between electrodes partially submerged in the furnace charge.

[[Page 481]]

    (b) Furnace charge means any material introduced into the electric 
submerged arc furnace, and may consist of, but is not limited to, ores, 
slag, carbonaceous material, and limestone.
    (c) Product change means any change in the composition of the 
furnace charge that would cause the electric submerged arc furnace to 
become subject to a different mass standard applicable under this 
subpart.
    (d) Slag means the more or less completely fused and vitrified 
matter separated during the reduction of a metal from its ore.
    (e) Tapping means the removal of slag or product from the electric 
submerged arc furnace under normal operating conditions such as removal 
of metal under normal pressure and movement by gravity down the spout 
into the ladle.
    (f) Tapping period means the time duration from initiation of the 
process of opening the tap hole until plugging of the tap hole is 
complete.
    (g) Furnace cycle means the time period from completion of a furnace 
product tap to the completion of the next consecutive product tap.
    (h) Tapping station means that general area where molten product or 
slag is removed from the electric submerged arc furnace.
    (i) Blowing tap means any tap in which an evolution of gas forces or 
projects jets of flame or metal sparks beyond the ladle, runner, or 
collection hood.
    (j) Furnace power input means the resistive electrical power 
consumption of an electric submerged arc furnace as measured in 
kilowatts.
    (k) Dust-handling equipment means any equipment used to handle 
particulate matter collected by the air pollution control device (and 
located at or near such device) serving any electric submerged arc 
furnace subject to this subpart.
    (l) Control device means the air pollution control equipment used to 
remove particulate matter generated by an electric submerged arc furnace 
from an effluent gas stream.
    (m) Capture system means the equipment (including hoods, ducts, 
fans, dampers, etc.) used to capture or transport particulate matter 
generated by an affected electric submerged arc furnace to the control 
device.
    (n) Standard ferromanganese means that alloy as defined by ASTM 
Designation A99-76 or 82 (Reapproved 1987) (incorporated by reference--
see Sec.  60.17).
    (o) Silicomanganese means that alloy as defined by ASTM Designation 
A483-64 or 74 (Reapproved 1988) (incorporated by reference--see Sec.  
60.17).
    (p) Calcium carbide means material containing 70 to 85 percent 
calcium carbide by weight.
    (q) High-carbon ferrochrome means that alloy as defined by ASTM 
Designation A101-73 or 93 (incorporated by reference--see Sec.  60.17) 
grades HC1 through HC6.
    (r) Charge chrome means that alloy containing 52 to 70 percent by 
weight chromium, 5 to 8 percent by weight carbon, and 3 to 6 percent by 
weight silicon.
    (s) Silvery iron means any ferrosilicon, as defined by ASTM 
Designation A100-69, 74, or 93 (incorporated by reference--see Sec.  
60.17), which contains less than 30 percent silicon.
    (t) Ferrochrome silicon means that alloy as defined by ASTM 
Designation A482-76 or 93 (incorporated by reference--see Sec.  60.17).
    (u) Silicomanganese zirconium means that alloy containing 60 to 65 
percent by weight silicon, 1.5 to 2.5 percent by weight calcium, 5 to 7 
percent by weight zirconium, 0.75 to 1.25 percent by weight aluminum, 5 
to 7 percent by weight manganese, and 2 to 3 percent by weight barium.
    (v) Calcium silicon means that alloy as defined by ASTM Designation 
A495-76 or 94 (incorporated by reference--see Sec.  60.17).
    (w) Ferrosilicon means that alloy as defined by ASTM Designation 
A100-69, 74, or 93 (incorporated by reference--see Sec.  60.17) grades 
A, B, C, D, and E, which contains 50 or more percent by weight silicon.
    (x) Silicon metal means any silicon alloy containing more than 96 
percent silicon by weight.
    (y) Ferromanganese silicon means that alloy containing 63 to 66 
percent by weight manganese, 28 to 32 percent by

[[Page 482]]

weight silicon, and a maximum of 0.08 percent by weight carbon.

[41 FR 18501, May 4, 1976; 41 FR 20659, May 20, 1976, as amended at 48 
FR 3738, Jan. 27, 1983; 65 FR 61758, Oct. 17, 2000]



Sec.  60.262  Standard for particulate matter.

    (a) On and after the date on which the performance test required to 
be conducted by Sec.  60.8 is completed, no owner or operator subject to 
the provisions of this subpart shall cause to be discharged into the 
atmosphere from any electric submerged arc furnace any gases which:
    (1) Exit from a control device and contain particulate matter in 
excess of 0.45 kg/MW-hr (0.99 lb/MW-hr) while silicon metal, 
ferrosilicon, calcium silicon, or silicomanganese zirconium is being 
produced.
    (2) Exit from a control device and contain particulate matter in 
excess of 0.23 kg/MW-hr (0.51 lb/MW-hr) while highcarbon ferrochrome, 
charge chrome, standard ferromanganese, silicomanganese, calcium 
carbide, ferrochrome silicon, ferromanganese silicon, or silvery iron is 
being produced.
    (3) Exit from a control device and exhibit 15 percent opacity or 
greater.
    (4) Exit from an electric submerged arc furnace and escape the 
capture system and are visible without the aid of instruments. The 
requirements under this subparagraph apply only during periods when flow 
rates are being established under Sec.  60.265(d).
    (5) Escape the capture system at the tapping station and are visible 
without the aid of instruments for more than 40 percent of each tapping 
period. There are no limitations on visible emissions under this 
subparagraph when a blowing tap occurs. The requirements under this 
subparagraph apply only during periods when flow rates are being 
established under Sec.  60.265(d).
    (b) On and after the date on which the performance test required to 
be conducted by Sec.  60.8 is completed, no owner or operator subject to 
the provisions of this subpart shall cause to be discharged into the 
atmosphere from any dust-handling equipment any gases which exhibit 10 
percent opacity or greater.



Sec.  60.263  Standard for carbon monoxide.

    (a) On and after the date on which the performance test required to 
be conducted by Sec.  60.8 is completed, no owner or operator subject to 
the provisions of this subpart shall cause to be discharged in to the 
atmosphere from any electric submerged arc furnace any gases which 
contain, on a dry basis, 20 or greater volume percent of carbon 
monoxide. Combustion of such gases under conditions acceptable to the 
Administrator constitutes compliance with this section. Acceptable 
conditions include, but are not limited to, flaring of gases or use of 
gases as fuel for other processes.



Sec.  60.264  Emission monitoring.

    (a) The owner or operator subject to the provisions of this subpart 
shall install, calibrate, maintain and operate a continuous monitoring 
system for measurement of the opacity of emissions discharged into the 
atmosphere from the control device(s).
    (b) For the purpose of reports required under Sec.  60.7(c), the 
owner or operator shall report as excess emissions all six-minute 
periods in which the average opacity is 15 percent or greater.
    (c) The owner or operator subject to the provisions of this subpart 
shall submit a written report of any product change to the 
Administrator. Reports of product changes must be postmarked not later 
than 30 days after implementation of the product change.



Sec.  60.265  Monitoring of operations.

    (a) The owner or operator of any electric submerged arc furnace 
subject to the provisions of this subpart shall maintain daily records 
of the following information:
    (1) Product being produced.
    (2) Description of constituents of furnace charge, including the 
quantity, by weight.
    (3) Time and duration of each tapping period and the identification 
of material tapped (slag or product.)
    (4) All furnace power input data obtained under paragraph (b) of 
this section.
    (5) All flow rate data obtained under paragraph (c) of this section 
or all fan motor power consumption and pressure

[[Page 483]]

drop data obtained under paragraph (e) of this section.
    (b) The owner or operator subject to the provisions of this subpart 
shall install, calibrate, maintain, and operate a device to measure and 
continuously record the furnace power input. The furnace power input may 
be measured at the output or input side of the transformer. The device 
must have an accuracy of 5 percent over its 
operating range.
    (c) The owner or operator subject to the provisions of this subpart 
shall install, calibrate, and maintain a monitoring device that 
continuously measures and records the volumetric flow rate through each 
separately ducted hood of the capture system, except as provided under 
paragraph (e) of this section. The owner or operator of an electric 
submerged arc furnace that is equipped with a water cooled cover which 
is designed to contain and prevent escape of the generated gas and 
particulate matter shall monitor only the volumetric flow rate through 
the capture system for control of emissions from the tapping station. 
The owner or operator may install the monitoring device(s) in any 
appropriate location in the exhaust duct such that reproducible flow 
rate monitoring will result. The flow rate monitoring device must have 
an accuracy of 10 percent over its normal 
operating range and must be calibrated according to the manufacturer's 
instructions. The Administrator may require the owner or operator to 
demonstrate the accuracy of the monitoring device relative to Methods 1 
and 2 of appendix A to this part.
    (d) When performance tests are conducted under the provisions of 
Sec.  60.8 of this part to demonstrate compliance with the standards 
under Sec. Sec.  60.262(a) (4) and (5), the volumetric flow rate through 
each separately ducted hood of the capture system must be determined 
using the monitoring device required under paragraph (c) of this 
section. The volumetric flow rates must be determined for furnace power 
input levels at 50 and 100 percent of the nominal rated capacity of the 
electric submerged arc furnace. At all times the electric submerged arc 
furnace is operated, the owner or operator shall maintain the volumetric 
flow rate at or above the appropriate levels for that furnace power 
input level determined during the most recent performance test. If 
emissions due to tapping are captured and ducted separately from 
emissions of the electric submerged arc furnace, during each tapping 
period the owner or operator shall maintain the exhaust flow rates 
through the capture system over the tapping station at or above the 
levels established during the most recent performance test. Operation at 
lower flow rates may be considered by the Administrator to be 
unacceptable operation and maintenance of the affected facility. The 
owner or operator may request that these flow rates be reestablished by 
conducting new performance tests under Sec.  60.8 of this part.
    (e) The owner or operator may as an alternative to paragraph (c) of 
this section determine the volumetric flow rate through each fan of the 
capture system from the fan power consumption, pressure drop across the 
fan and the fan performance curve. Only data specific to the operation 
of the affected electric submerged arc furnace are acceptable for 
demonstration of compliance with the requirements of this paragraph. The 
owner or operator shall maintain on file a permanent record of the fan 
performance curve (prepared for a specific temperature) and shall:
    (1) Install, calibrate, maintain, and operate a device to 
continuously measure and record the power consumption of the fan motor 
(measured in kilowatts), and
    (2) Install, calibrate, maintain, and operate a device to 
continuously measure and record the pressure drop across the fan. The 
fan power consumption and pressure drop measurements must be 
synchronized to allow real time comparisions of the data. The monitoring 
devices must have an accuracy of 5 percent over 
their normal operating ranges.
    (f) The volumetric flow rate through each fan of the capture system 
must be determined from the fan power consumption, fan pressure drop, 
and fan performance curve specified under paragraph (e) of this section, 
during any performance test required under Sec.  60.8 to demonstrate 
compliance with the standards under Sec. Sec.  60.262(a)(4) and

[[Page 484]]

(5). The owner or operator shall determine the volumetric flow rate at a 
representative temperature for furnace power input levels of 50 and 100 
percent of the nominal rated capacity of the electric submerged arc 
furnace. At all times the electric submerged arc furnace is operated, 
the owner or operator shall maintain the fan power consumption and fan 
pressure drop at levels such that the volumetric flow rate is at or 
above the levels established during the most recent performance test for 
that furnace power input level. If emissions due to tapping are captured 
and ducted separately from emissions of the electric submerged arc 
furnace, during each tapping period the owner or operator shall maintain 
the fan power consumption and fan pressure drop at levels such that the 
volumetric flow rate is at or above the levels established during the 
most recent performance test. Operation at lower flow rates may be 
considered by the Administrator to be unacceptable operation and 
maintenance of the affected facility. The owner or operator may request 
that these flow rates be reestablished by conducting new performance 
tests under Sec.  60.8. The Administrator may require the owner or 
operator to verify the fan performance curve by monitoring necessary fan 
operating parameters and determining the gas volume moved relative to 
Methods 1 and 2 of appendix A to this part.
    (g) All monitoring devices required under paragraphs (c) and (e) of 
this section are to be checked for calibration annually in accordance 
with the procedures under Sec.  60.13(b).



Sec.  60.266  Test methods and procedures.

    (a) During any performance test required in Sec.  60.8, the owner or 
operator shall not allow gaseous diluents to be added to the effluent 
gas stream after the fabric in an open pressurized fabric filter 
collector unless the total gas volume flow from the collector is 
accurately determined and considered in the determination of emissions.
    (b) In conducting the performance tests required in Sec.  60.8, the 
owner or operator shall use as reference methods and procedures the test 
methods in appendix A of this part or other methods and procedures as 
specified in this section, except as provided in Sec.  60.8(b).
    (c) The owner or operator shall determine compliance with the 
particulate matter standards in Sec.  60.262 as follows:
    (1) The emission rate (E) of particulate matter shall be computed 
for each run using the following equation:
[GRAPHIC] [TIFF OMITTED] TC16NO91.012

where:

E = emission rate of particulate matter, kg/MW-hr (1b/MW-hr).
n = total number of exhaust streams at which emissions are quantified.
csi = concentration of particulate matter from exhaust stream 
          ``i'', g/dscm (gr/dscf).
Qsdi = volumetric flow rate of effluent gas from exhaust 
          stream ``i'', dscm/hr (dscf/hr).
P = average furnace power input, MW.
K = conversion factor, 1000 g/kg (7000 gr/lb).

    (2) Method 5 shall be used to determine the particulate matter 
concentration (csi) and volumetric flow rate 
(Qsdi) of the effluent gas, except that the heating systems 
specified in sections 2.1.2 and 2.1.6 are not to be used when the carbon 
monoxide content of the gas stream exceeds 10 percent by volume, dry 
basis. If a flare is used to comply with Sec.  60.263, the sampling site 
shall be upstream of the flare. The sampling time shall include an 
integral number of furnace cycles.
    (i) When sampling emissions from open electric submerged arc 
furnaces with wet scrubber control devices, sealed electric submerged 
arc furnaces, or semienclosed electric arc furnaces, the sampling time 
and sample volume for each run shall be at least 60 minutes and 1.80 
dscm (63.6 dscf).
    (ii) When sampling emissions from other types of installations, the 
sampling time and sample volume for each run shall be at least 200 
minutes and 5.66 dscm (200 dscf).
    (3) The measurement device of Sec.  60.265(b) shall be used to 
determine the average furnace power input (P) during each run.
    (4) Method 9 and the procedures in Sec.  60.11 shall be used to 
determine opacity.
    (5) The emission rate correction factor, integrated sampling 
procedure of

[[Page 485]]

Method 3B shall be used to determine the CO concentration. The sample 
shall be taken simultaneously with each particulate matter sample.
    (d) During the particulate matter run, the maximum open hood area 
(in hoods with segmented or otherwise moveable sides) under which the 
process is expected to be operated and remain in compliance with all 
standards shall be recorded. Any future operation of the hooding system 
with open areas in excess of the maximum is not permitted.
    (e) To comply with Sec.  60.265 (d) or (f), the owner or operator 
shall use the monitoring devices in Sec.  60.265 (c) or (e) to make the 
required measurements as determined during the performance test.

[54 FR 6671, Feb. 14, 1989; 54 FR 21344, May 17, 1989, as amended at 55 
FR 5212, Feb. 14, 1990; 65 FR 61758, Oct. 17, 2000]



   Subpart AA_Standards of Performance for Steel Plants: Electric Arc 
Furnaces Constructed After October 21, 1974, and On or Before August 17, 
                                  1983



Sec.  60.270  Applicability and designation of affected facility.

    (a) The provisions of this subpart are applicable to the following 
affected facilities in steel plants that produce carbon, alloy, or 
specialty steels: electric arc furnaces and dust-handling systems.
    (b) The provisions of this subpart apply to each affected facility 
identified in paragraph (a) of this section that commenced construction, 
modification, or reconstruction after October 21, 1974, and on or before 
August 17, 1983.

[49 FR 43843, Oct. 31, 1984]



Sec.  60.271  Definitions.

    As used in this subpart, all terms not defined herein shall have the 
meaning given them in the Act and in subpart A of this part.
    (a) Electric arc furnace (EAF) means a furnace that produces molten 
steel and heats the charge materials with electric arcs from carbon 
electrodes. Furnaces that continuously feed direct-reduced iron ore 
pellets as the primary source of iron are not affected facilities within 
the scope of this definition.
    (b) Dust-handling equipment means any equipment used to handle 
particulate matter collected by the control device and located at or 
near the control device for an EAF subject to this subpart.
    (c) Control device means the air pollution control equipment used to 
remove particulate matter generated by an EAF(s) from the effluent gas 
stream.
    (d) Capture system means the equipment (including ducts, hoods, 
fans, dampers, etc.) used to capture or transport particulate matter 
generated by an EAF to the air pollution control device.
    (e) Charge means the addition of iron and steel scrap or other 
materials into the top of an electric arc furnace.
    (f) Charging period means the time period commencing at the moment 
an EAF starts to open and ending either three minutes after the EAF roof 
is returned to its closed position or six minutes after commencement of 
opening of the roof, whichever is longer.
    (g) Tap means the pouring of molten steel from an EAF.
    (h) Tapping period means the time period commencing at the moment an 
EAF begins to pour molten steel and ending either three minutes after 
steel ceases to flow from an EAF, or six minutes after steel begins to 
flow, whichever is longer.
    (i) Meltdown and refining means that phase of the steel production 
cycle when charge material is melted and undesirable elements are 
removed from the metal.
    (j) Meltdown and refining period means the time period commencing at 
the termination of the initial charging period and ending at the 
initiation of the tapping period, excluding any intermediate charging 
periods and times when power to the EAF is off.
    (k) Shop opacity means the arithmetic average of 24 or more opacity 
observations of emissions from the shop taken in accordance with Method 
9 of appendix A of this part for the applicable time periods.
    (l) Heat time means the period commencing when scrap is charged to 
an

[[Page 486]]

empty EAF and terminating when the EAF tap is completed.
    (m) Shop means the building which houses one or more EAF's.
    (n) Direct shell evacuation system means any system that maintains a 
negative pressure within the EAF above the slag or metal and ducts these 
emissions to the control device.
    (o) Bag leak detection system means a system that is capable of 
continuously monitoring relative particulate matter (dust) loadings in 
the exhaust of a baghouse to detect bag leaks and other conditions that 
result in increases in particulate loadings. A bag leak detection system 
includes, but is not limited to, an instrument that operates on 
triboelectric, electrodynamic, light scattering, light transmittance, or 
other effect to continuously monitor relative particulate matter 
loadings.

[40 FR 43852, Sept. 23, 1975, as amended at 49 FR 43843, Oct. 31, 1984; 
64 FR 10109, Mar. 2, 1999; 70 FR 8530, Feb. 22, 2005]



Sec.  60.272  Standard for particulate matter.

    (a) On and after the date on which the performance test required to 
be conducted by Sec.  60.8 is completed, no owner or operator subject to 
the provisions of this subpart shall cause to be discharged into the 
atmosphere from an electric arc furnace any gases which:
    (1) Exit from a control device and contain particulate matter in 
excess of 12 mg/dscm (0.0052 gr/dscf).
    (2) Exit from a control device and exhibit three percent opacity or 
greater.
    (3) Exit from a shop and, due solely to operations of any EAF(s), 
exhibit 6 percent opacity or greater except:
    (i) Shop opacity less than 20 percent may occur during charging 
periods.
    (ii) Shop opacity less than 40 percent may occur during tapping 
periods.
    (iii) The shop opacity standards under paragraph (a)(3) of this 
section shall apply only during periods when the monitoring parameter 
limits specified in Sec.  60.274(b) are being established according to 
Sec.  60.274(c) and (g), unless the owner or operator elects to perform 
daily shop opacity observations in lieu of furnace static pressure 
monitoring as provided for under Sec.  60.273(d).
    (iv) Where the capture system is operated such that the roof of the 
shop is closed during the charge and the tap, and emissions to the 
atmosphere are prevented until the roof is opened after completion of 
the charge or tap, the shop opacity standards under paragraph (a)(3) of 
this section shall apply when the roof is opened and shall continue to 
apply for the length of time defined by the charging and/or tapping 
periods.
    (b) On and after the date on which the performance test required to 
be conducted by Sec.  60.8 is completed, no owner or operator subject to 
the provisions of this subpart shall cause to be discharged into the 
atmosphere from dust-handling equipment any gases which exhibit 10 
percent opacity or greater.

[40 FR 43852, Sept. 23, 1975, as amended at 49 FR 43843, Oct. 31, 1984; 
64 FR 10109, Mar. 2, 1999]



Sec.  60.273  Emission monitoring.

    (a) A continuous monitoring system for the measurement of the 
opacity of emissions discharged into the atmosphere from the control 
device(s) shall be installed, calibrated, maintained, and operated by 
the owner or operator subject to the provisions of this subpart.
    (b) For the purpose of reports under Sec.  60.7(c), all six-minute 
periods during which the average opacity is three percent or greater 
shall indicate a period of excess emission, and shall be reported to the 
Administrator semi-annually.
    (c) A continuous monitoring system for the measurement of the 
opacity of emissions discharged into the atmosphere from the control 
device(s) is not required on any modular, multi-stack, negative-pressure 
or positive-pressure fabric filter if observations of the opacity of the 
visible emissions from the control device are performed by a certified 
visible emission observer; or on any single-stack fabric filter if 
visible emissions from the control device are performed by a certified 
visible emission observer and the owner installs and continuously 
operates a bag leak detection system according to paragraph (e) of this 
section. Visible emission observations shall be conducted at

[[Page 487]]

least once per day for at least three 6-minute periods when the furnace 
is operating in the melting and refining period. All visible emissions 
observations shall be conducted in accordance with Method 9 of appendix 
A to this part. If visible emissions occur from more than one point, the 
opacity shall be recorded for any points where visible emissions are 
observed. Where it is possible to determine that a number of visible 
emission sites relate to only one incident of the visible emission, only 
one set of three 6-minute observations will be required. In that case, 
the Method 9 observations must be made for the site of highest opacity 
that directly relates to the cause (or location) of visible emissions 
observed during a single incident. Records shall be maintained of any 6-
minute average that is in excess of the emission limit specified in 
Sec.  60.272(a).
    (d) A furnace static pressure monitoring device is not required on 
any EAF equipped with a DEC system if observations of shop opacity are 
performed by a certified visible emission observer as follows: Shop 
opacity observations shall be conducted at least once per day when the 
furnace is operating in the meltdown and refining period. Shop opacity 
shall be determined as the arithmetic average of 24 or more consecutive 
15-second opacity observations of emissions from the shop taken in 
accordance with Method 9. Shop opacity shall be recorded for any 
point(s) where visible emissions are observed in proximity to an 
affected EAF. Where it is possible to determine that a number of visible 
emission sites relate to only one incident of visible emissions, only 
one observation of shop opacity will be required. In this case, the shop 
opacity observations must be made for the site of highest opacity that 
directly relates to the cause (or location) of visible emissions 
observed during a single incident.
    (e) A bag leak detection system must be installed and continuously 
operated on all single-stack fabric filters if the owner or operator 
elects not to install and operate a continuous opacity monitoring system 
as provided for under paragraph (c) of this section. In addition, the 
owner or operator shall meet the visible emissions observation 
requirements in paragraph (c) of this section. The bag leak detection 
system must meet the specifications and requirements of paragraphs 
(e)(1) through (8) of this section.
    (1) The bag leak detection system must be certified by the 
manufacturer to be capable of detecting particulate matter emissions at 
concentrations of 1 milligram per actual cubic meter (0.00044 grains per 
actual cubic foot) or less.
    (2) The bag leak detection system sensor must provide output of 
relative particulate matter loadings and the owner or operator shall 
continuously record the output from the bag leak detection system using 
electronic or other means (e.g., using a strip chart recorder or a data 
logger.)
    (3) The bag leak detection system must be equipped with an alarm 
system that will sound when an increase in relative particulate loading 
is detected over the alarm set point established according to paragraph 
(e)(4) of this section, and the alarm must be located such that it can 
be heard by the appropriate plant personnel.
    (4) For each bag leak detection system required by paragraph (e) of 
this section, the owner or operator shall develop and submit to the 
Administrator or delegated authority, for approval, a site-specific 
monitoring plan that addresses the items identified in paragraphs (i) 
through (v) of this paragraph (e)(4). For each bag leak detection system 
that operates based on the triboelectric effect, the monitoring plan 
shall be consistent with the recommendations contained in the U.S. 
Environmental Protection Agency guidance document ``Fabric Filter Bag 
Leak Detection Guidance'' (EPA-454/R-98-015). The owner or operator 
shall operate and maintain the bag leak detection system according to 
the site-specific monitoring plan at all times. The plan shall describe:
    (i) Installation of the bag leak detection system;
    (ii) Initial and periodic adjustment of the bag leak detection 
system including how the alarm set-point will be established;
    (iii) Operation of the bag leak detection system including quality 
assurance procedures;

[[Page 488]]

    (iv) How the bag leak detection system will be maintained including 
a routine maintenance schedule and spare parts inventory list; and
    (v) How the bag leak detection system output shall be recorded and 
stored.
    (5) The initial adjustment of the system shall, at a minimum, 
consist of establishing the baseline output by adjusting the sensitivity 
(range) and the averaging period of the device, and establishing the 
alarm set points and the alarm delay time (if applicable).
    (6) Following initial adjustment, the owner or operator shall not 
adjust the averaging period, alarm set point, or alarm delay time 
without approval from the Administrator or delegated authority except as 
provided for in paragraphs (e)(6)(i) and (ii) of this section.
    (i) Once per quarter, the owner or operator may adjust the 
sensitivity of the bag leak detection system to account for seasonal 
effects including temperature and humidity according to the procedures 
identified in the site-specific monitoring plan required under 
paragraphs (e)(4) of this section.
    (ii) If opacities greater than zero percent are observed over four 
consecutive 15-second observations during the daily opacity observations 
required under paragraph (c) of this section and the alarm on the bag 
leak detection system does not sound, the owner or operator shall lower 
the alarm set point on the bag leak detection system to a point where 
the alarm would have sounded during the period when the opacity 
observations were made.
    (7) For negative pressure, induced air baghouses, and positive 
pressure baghouses that are discharged to the atmosphere through a 
stack, the bag leak detection sensor must be installed downstream of the 
baghouse and upstream of any wet scrubber.
    (8) Where multiple detectors are required, the system's 
instrumentation and alarm may be shared among detectors.
    (f) For each bag leak detection system installed according to 
paragraph (e) of this section, the owner or operator shall initiate 
procedures to determine the cause of all alarms within 1 hour of an 
alarm. Except as provided for in paragraph (g) of this section, the 
cause of the alarm must be alleviated within 3 hours of the time the 
alarm occurred by taking whatever corrective action(s) are necessary. 
Corrective actions may include, but are not limited to the following:
    (1) Inspecting the baghouse for air leaks, torn or broken bags or 
filter media, or any other condition that may cause an increase in 
particulate emissions;
    (2) Sealing off defective bags or filter media;
    (3) Replacing defective bags or filter media or otherwise repairing 
the control device;
    (4) Sealing off a defective baghouse compartment;
    (5) Cleaning the bag leak detection system probe or otherwise 
repairing the bag leak detection system; or
    (6) Shutting down the process producing the particulate emissions.
    (g) In approving the site-specific monitoring plan required in 
paragraph (e)(4) of this section, the Administrator or delegated 
authority may allow owners or operators more than 3 hours to alleviate 
specific conditions that cause an alarm if the owner or operator 
identifies the condition that could lead to an alarm in the monitoring 
plan, adequately explains why it is not feasible to alleviate the 
condition within 3 hours of the time the alarm occurred, and 
demonstrates that the requested additional time will ensure alleviation 
of the condition as expeditiously as practicable.

[40 FR 43852, Sept. 23, 1975, as amended at 49 FR 43843, Oct. 31, 1984; 
54 FR 6672. Feb. 14, 1989; 64 FR 10109, Mar. 2, 1999; 70 FR 8530, Feb. 
22, 2005]



Sec.  60.274  Monitoring of operations.

    (a) The owner or operator subject to the provisions of this subpart 
shall maintain records daily of the following information:
    (1) Time and duration of each charge;
    (2) Time and duration of each tap;
    (3) All flow rate data obtained under paragraph (b) of this section, 
or equivalent obtained under paragraph (d) of this section; and
    (4) All pressure data obtained under paragraph (f) of this section.

[[Page 489]]

    (b) Except as provided under paragraph (d) of this section, the 
owner or operator subject to the provisions of this subpart shall check 
and record on a once-per-shift basis furnace static pressure (if a DEC 
system is in use, and a furnace static pressure gauge is installed 
according to paragraph (f) of this section) and either: check and record 
the control system fan motor amperes and damper positions on a once-per-
shift basis; install, calibrate, and maintain a monitoring device that 
continuously records the volumetric flow rate through each separately 
ducted hood; or install, calibrate, and maintain a monitoring device 
that continuously records the volumetric flow rate at the control device 
inlet and check and record damper positions on a once-per-shift basis. 
The monitoring device(s) may be installed in any appropriate location in 
the exhaust duct such that reproducible flow rate monitoring will 
result. The flow rate monitoring device(s) shall have an accuracy of 
10 percent over its normal operating range and 
shall be calibrated according to the manufacturer's instructions. The 
Administrator may require the owner or operator to demonstrate the 
accuracy of the monitoring device(s) relative to Methods 1 and 2 of 
appendix A of this part.
    (c) When the owner or operator of an affected facility is required 
to demonstrate compliance with the standards under Sec.  60.272(a)(3) 
and at any other time that the Administrator may require (under section 
114 of the CAA, as amended) either: the control system fan motor amperes 
and all damper positions, the volumetric flow rate through each 
separately ducted hood, or the volumetric flow rate at the control 
device inlet and all damper positions shall be determined during all 
periods in which a hood is operated for the purpose of capturing 
emissions from the affected facility subject to paragraph (b) of this 
section. The owner or operator may petition the Administrator for 
reestablishment of these parameters whenever the owner or operator can 
demonstrate to the Administrator's satisfaction that the EAF operating 
conditions upon which the parameters were previously established are no 
longer applicable. The values of these parameters as determined during 
the most recent demonstration of compliance shall be maintained at the 
appropriate level for each applicable period. Operation at other than 
baseline values may be subject to the requirements of Sec.  60.276(a).
    (d) The owner or operator may petition the Administrator to approve 
any alternative method that will provide a continuous record of 
operation of each emission capture system.
    (e) The owner or operator shall perform monthly operational status 
inspections of the equipment that is important to the performance of the 
total capture system (i.e., pressure sensors, dampers, and damper 
switches). This inspection shall include observations of the physical 
appearance of the equipment (e.g., presence of hole in ductwork or 
hoods, flow constrictions caused by dents or accumulated dust in 
ductwork, and fan erosion). Any deficiencies shall be noted and proper 
maintenance performed.
    (f) Except as provided for under Sec.  60.273(d), where emissions 
during any phase of the heat time are controlled by use of a direct 
shell evacuation system, the owner or operator shall install, calibrate, 
and maintain a monitoring device that continuously records the pressure 
in the free space inside the EAF. The pressure shall be recorded as 15-
minute integrated averages. The monitoring device may be installed in 
any appropriate location in the EAF or DEC duct prior to the 
introduction of ambient air such that reproducible results will be 
obtained. The pressure monitoring device shall have an accuracy of 
5 mm of water gauge over its normal operating 
range and shall be calibrated according to the manufacturer's 
instructions.
    (g) Except as provided for under Sec.  60.273(d), when the owner or 
operator of an EAF is required to demonstrate compliance with the 
standard under Sec.  60.272(a)(3) and at any other time the 
Administrator may require (under section 114 of the Act, as amended), 
the pressure in the free space inside the furnace shall be determined 
during the meltdown and refining period(s) using the monitoring device 
under paragraph (f) of this section. The owner or operator may petition 
the Administrator

[[Page 490]]

for reestablishment of the 15-minute integrated average pressure 
whenever the owner or operator can demonstrate to the Administrator's 
satisfaction that the EAF operating conditions upon which the pressures 
were previously established are no longer applicable. The pressure 
determined during the most recent demonstration of compliance shall be 
maintained at all times the EAF is operating in a meltdown and refining 
period. Operation at higher pressures may be considered by the 
Administrator to be unacceptable operation and maintenance of the 
affected facility.
    (h) Where the capture system is designed and operated such that all 
emissions are captured and ducted to a control device, the owner or 
operator shall not be subject to the requirements of this section.
    (i) During any performance test required under Sec.  60.8, and for 
any report thereof required by Sec.  60.276(c) of this subpart or to 
determine compliance with Sec.  60.272(a)(3) of this subpart, the owner 
or operator shall monitor the following information for all heats 
covered by the test:
    (1) Charge weights and materials, and tap weights and materials;
    (2) Heat times, including start and stop times, and a log of process 
operation, including periods of no operation during testing and the 
pressure inside the furnace where direct-shell evacuation systems are 
used;
    (3) Control device operation log; and
    (4) Continuous opacity monitor or Method 9 data.

[40 FR 43852, Sept. 23, 1975, as amended at 49 FR 43843, Oct. 31, 1984; 
64 FR 10110, Mar. 2, 1999; 65 FR 61758, Oct. 17, 2000; 70 FR 8532, Feb. 
22, 2005]



Sec.  60.275  Test methods and procedures.

    (a) During performance tests required in Sec.  60.8, the owner or 
operator shall not add gaseous diluent to the effluent gas after the 
fabric in any pressurized fabric collector, unless the amount of 
dilution is separately determined and considered in the determination of 
emissions.
    (b) When emissions from any EAF(s) are combined with emissions from 
facilities not subject to the provisions of this subpart but controlled 
by a common capture system and control device, the owner or operator 
shall use either or both of the following procedures during a 
performance test (see also Sec.  60.276(b)):
    (1) Determine compliance using the combined emissions.
    (2) Use a method that is acceptable to the Administrator and that 
compensates for the emissions from the facilities not subject to the 
provisions of this subpart.
    (c) When emissions from any EAF(s) are combined with emissions from 
facilities not subject to the provisions of this subpart, the owner or 
operator shall use either or both of the following procedures to 
demonstrate compliance with Sec.  60.272(a)(3):
    (1) Determine compliance using the combined emissions.
    (2) Shut down operation of facilities not subject to the provisions 
of this subpart during the performance test.
    (d) In conducting the performance tests required in Sec.  60.8, the 
owner or operator shall use as reference methods and procedures the test 
methods in appendix A of this part or other methods and procedures as 
specified in this section, except as provided in Sec.  60.8(b).
    (e) The owner or operator shall determine compliance with the 
particulate matter standards in Sec.  60.272 as follows:
    (1) Method 5 shall be used for negative-pressure fabric filters and 
other types of control devices and Method 5D shall be used for positive-
pressure fabric filters to determine the particular matter concentration 
and, if applicable, the volumetric flow rate of the effluent gas. The 
sampling time and sample volume for each run shall be at least 4 hours 
and 4.5 dscm (160 dscf) and, when a single EAF is sampled, the sampling 
time shall include an integral number of heats.
    (2) When more than one control device serves the EAF(s) being 
tested, the concentration of particulate matter shall be determined 
using the following equation:
[GRAPHIC] [TIFF OMITTED] TC16NO91.013

where:

cst = average concentration of particulate matter, mg/dscm 
          (gr/dscf).

[[Page 491]]

csi = concentration of particulate matter from control device 
          ``i'', mg/dscm (gr/dscf).
n = total number of control devices tested.
Qsdi = volumetric flow rate of stack gas from control device 
          ``i'', dscm/hr (dscf/hr).

    (3) Method 9 and the procedures of Sec.  60.11 shall be used to 
determine opacity.
    (4) To demonstrate compliance with Sec.  60.272(a) (1), (2), and 
(3), the Method 9 test runs shall be conducted concurrently with the 
particulate matter test runs, unless inclement weather interferes.
    (f) To comply with Sec.  60.274 (c), (f), (g), and (i), the owner or 
operator shall obtain the information in these paragraphs during the 
particulate matter runs.
    (g) Where emissions from any EAF(s) are combined with emissions from 
facilities not subject to the provisions of this subpart but controlled 
by a common capture system and control device, the owner or operator may 
use any of the following procedures during a performance test:
    (1) Base compliance on control of the combined emissions.
    (2) Utilize a method acceptable to the Administrator which 
compensates for the emissions from the facilities not subject to the 
provisions of this subpart.
    (3) Any combination of the criteria of paragraphs (g)(1) and (g)(2) 
of this section.
    (h) Where emissions from any EAF(s) are combined with emissions from 
facilities not subject to the provisions of this subpart, the owner or 
operator may use any of the following procedures for demonstrating 
compliance with Sec.  60.272(a)(3):
    (1) Base compliance on control of the combined emissions.
    (2) Shut down operation of facilities not subject to the provisions 
of this subpart.
    (3) Any combination of the criteria of paragraphs (h)(1) and (h)(2) 
of this section.
    (i) If visible emissions observations are made in lieu of using a 
continuous opacity monitoring system, as allowed for by Sec.  60.273(c), 
visible emission observations shall be conducted at least once per day 
for at least three 6-minute periods when the furnace is operating in the 
melting and refining period. All visible emissions observations shall be 
conducted in accordance with Method 9. If visible emissions occur from 
more than one point, the opacity shall be recorded for any points where 
visible emissions are observed. Where it is possible to determine that a 
number of visible emission sites relate to only one incident of the 
visible emission, only one set of three 6-minute observations will be 
required. In that case, the Method 9 observations must be made for the 
site of highest opacity that directly relates to the cause (or location) 
of visible emissions observed during a single incident. Records shall be 
maintained of any 6-minute average that is in excess of the emission 
limit specified in Sec.  60.272(a).
    (j) Unless the presence of inclement weather makes concurrent 
testing infeasible, the owner or operator shall conduct concurrently the 
performance tests required under Sec.  60.8 to demonstrate compliance 
with Sec.  60.272(a) (1), (2), and (3) of this subpart.

[40 FR 43852, Sept. 23, 1975, as amended at 49 FR 43844, Oct. 31, 1984; 
54 FR 6672, Feb. 14, 1989; 54 FR 21344, May 17, 1989; 65 FR 61758, Oct. 
17, 2000; 70 FR 8532, Feb. 22, 2005]



Sec.  60.276  Recordkeeping and reporting requirements.

    (a) Operation at a furnace static pressure that exceeds the value 
established under Sec.  60.274(g) and either operation of control system 
fan motor amperes at values exceeding 15 percent 
of the value established under Sec.  60.274(c) or operation at flow 
rates lower than those established under Sec.  60.274(c) may be 
considered by the Administrator to be unacceptable operation and 
maintenance of the affected facility. Operation at such values shall be 
reported to the Administrator semiannually.
    (b) When the owner or operator of an EAF is required to demonstrate 
compliance with the standard under Sec.  60.275 (b)(2) or a combination 
of (b)(1) and (b)(2), the owner or operator shall obtain approval from 
the Administrator of the procedure(s) that will be used to determine 
compliance. Notification of the procedure(s) to be used must be 
postmarked at least 30 days prior to the performance test.

[[Page 492]]

    (c) For the purpose of this subpart, the owner or operator shall 
conduct the demonstration of compliance with Sec.  60.272(a) of this 
subpart and furnish the Administrator a written report of the results of 
the test. This report shall include the following information:
    (1) Facility name and address;
    (2) Plant representative;
    (3) Make and model of process, control device, and continuous 
monitoring equipment;
    (4) Flow diagram of process and emission capture equipment including 
other equipment or process(es) ducted to the same control device;
    (5) Rated (design) capacity of process equipment;
    (6) Those data required under Sec.  60.274(i) of this subpart;
    (i) List of charge and tap weights and materials;
    (ii) Heat times and process log;
    (iii) Control device operation log; and
    (iv) Continuous opacity monitor or Method 9 data.
    (7) Test dates and test times;
    (8) Test company;
    (9) Test company representative;
    (10) Test observers from outside agency;
    (11) Description of test methodology used, including any deviation 
from standard reference methods
    (12) Schematic of sampling location;
    (13) Number of sampling points;
    (14) Description of sampling equipment;
    (15) Listing of sampling equipment calibrations and procedures;
    (16) Field and laboratory data sheets;
    (17) Description of sample recovery procedures;
    (18) Sampling equipment leak check results;
    (19) Description of quality assurance procedures;
    (20) Description of analytical procedures;
    (21) Notation of sample blank corrections; and
    (22) Sample emission calculations.
    (d) The owner or operator shall maintain records of all shop opacity 
observations made in accordance with Sec.  60.273(d). All shop opacity 
observations in excess of the emission limit specified in Sec.  
60.272(a)(3) of this subpart shall indicate a period of excess emission, 
and shall be reported to the Administrator semi-annually, according to 
Sec.  60.7(c).
    (e) The owner or operator shall maintain the following records for 
each bag leak detection system required under Sec.  60.273(e):
    (1) Records of the bag leak detection system output;
    (2) Records of bag leak detection system adjustments, including the 
date and time of the adjustment, the initial bag leak detection system 
settings, and the final bag leak detection system settings; and
    (3) An identification of the date and time of all bag leak detection 
system alarms, the time that procedures to determine the cause of the 
alarm were initiated, if procedures were initiated within 1 hour of the 
alarm, the cause of the alarm, an explanation of the actions taken, the 
date and time the cause of the alarm was alleviated, and if the alarm 
was alleviated within 3 hours of the alarm.

[49 FR 43844, Oct. 31, 1984, as amended at 54 FR 6672, Feb. 14, 1989; 64 
FR 10110, Mar. 2, 1999; 65 FR 61758, Oct. 17, 2000; 70 FR 8532, Feb. 22, 
2005]



  Subpart AAa_Standards of Performance for Steel Plants: Electric Arc 
  Furnaces and Argon-Oxygen Decarburization Vessels Constructed After 
                             August 17, 1983

    Source: 49 FR 43845, Oct. 31, 1984, unless otherwise noted.



Sec.  60.270a  Applicability and designation of affected facility.

    (a) The provisions of this subpart are applicable to the following 
affected facilities in steel plants that produce carbon, alloy, or 
specialty steels: electric arc furnaces, argon-oxygen decarburization 
vessels, and dust-handling systems.
    (b) The provisions of this subpart apply to each affected facility 
identified in paragraph (a) of this section that commences construction, 
modification, or reconstruction after August 17, 1983.

[[Page 493]]



Sec.  60.271a  Definitions.

    As used in this subpart, all terms not defined herein shall have the 
meaning given them in the Act and in subpart A of this part.
    Argon-oxygen decarburization vessel (AOD vessel) means any closed-
bottom, refractory-lined converter vessel with submerged tuyeres through 
which gaseous mixtures containing argon and oxygen or nitrogen may be 
blown into molten steel for further refining.
    Bag leak detection system means a system that is capable of 
continuously monitoring relative particulate matter (dust) loadings in 
the exhaust of a baghouse to detect bag leaks and other conditions that 
result in increases in particulate loadings. A bag leak detection system 
includes, but is not limited to, an instrument that operates on 
triboelectric, electrodynamic, light scattering, light transmittance, or 
other effect to continuously monitor relative particulate matter 
loadings.
    Capture system means the equipment (including ducts, hoods, fans, 
dampers, etc.) used to capture or transport particulate matter generated 
by an electric arc furnace or AOD vessel to the air pollution control 
device.
    Charge means the addition of iron and steel scrap or other materials 
into the top of an electric arc furnace or the addition of molten steel 
or other materials into the top of an AOD vessel.
    Control device means the air pollution control equipment used to 
remove particulate matter from the effluent gas stream generated by an 
electric arc furnace or AOD vessel.
    Direct-shell evacuation control system (DEC system) means a system 
that maintains a negative pressure within the electric arc furnace above 
the slag or metal and ducts emissions to the control device.
    Dust-handling system means equipment used to handle particulate 
matter collected by the control device for an electric arc furnace or 
AOD vessel subject to this subpart. For the purposes of this subpart, 
the dust-handling system shall consist of the control device dust 
hoppers, the dust-conveying equipment, any central dust storage 
equipment, the dust-treating equipment (e.g., pug mill, pelletizer), 
dust transfer equipment (from storage to truck), and any secondary 
control devices used with the dust transfer equipment.
    Electric arc furnace (EAF) means a furnace that produces molten 
steel and heats the charge materials with electric arcs from carbon 
electrodes. For the purposes of this subpart, an EAF shall consist of 
the furnace shell and roof and the transformer. Furnaces that 
continuously feed direct-reduced iron ore pellets as the primary source 
of iron are not affected facilities within the scope of this definition.
    Heat cycle means the period beginning when scrap is charged to an 
empty EAF and ending when the EAF tap is completed or beginning when 
molten steel is charged to an empty AOD vessel and ending when the AOD 
vessel tap is completed.
    Meltdown and refining period means the time period commencing at the 
termination of the initial charging period and ending at the initiation 
of the tapping period, excluding any intermediate charging periods and 
times when power to the EAF is off.
    Melting means that phase of steel production cycle during which the 
iron and steel scrap is heated to the molten state.
    Negative-pressure fabric filter means a fabric filter with the fans 
on the downstream side of the filter bags.
    Positive-pressure fabric filter means a fabric filter with the fans 
on the upstream side of the filter bags.
    Refining means that phase of the steel production cycle during which 
undesirable elements are removed from the molten steel and alloys are 
added to reach the final metal chemistry.
    Shop means the building which houses one or more EAF's or AOD 
vessels.
    Shop opacity means the arithmetic average of 24 observations of the 
opacity of emissions from the shop taken in accordance with Method 9 of 
appendix A of this part.
    Tap means the pouring of molten steel from an EAF or AOD vessel.
    Tapping period means the time period commencing at the moment an EAF 
begins to pour molten steel and ending either three minutes after steel 
ceases to flow from an EAF, or six minutes

[[Page 494]]

after steel begins to flow, whichever is longer.

[49 FR 43845, Oct. 31, 1984, as amended at 64 FR 10110, Mar. 2, 1999; 70 
FR 8532, Feb. 22, 2005]



Sec.  60.272a  Standard for particulate matter.

    (a) On and after the date of which the performance test required to 
be conducted by Sec.  60.8 is completed, no owner or operator subject to 
the provisions of this subpart shall cause to be discharged into the 
atmosphere from an EAF or an AOD vessel any gases which:
    (1) Exit from a control device and contain particulate matter in 
excess of 12 mg/dscm (0.0052 gr/dscf);
    (2) Exit from a control device and exhibit 3 percent opacity or 
greater; and
    (3) Exit from a shop and, due solely to the operations of any 
affected EAF(s) or AOD vessel(s), exhibit 6 percent opacity or greater.
    (b) On and after the date on which the performance test required to 
be conducted by Sec.  60.8 is completed, no owner or operator subject to 
the provisions of this subpart shall cause to be discharged into the 
atmosphere from the dust-handling system any gases that exhibit 10 
percent opacity or greater.



Sec.  60.273a  Emission monitoring.

    (a) Except as provided under paragraphs (b) and (c) of this section, 
a continuous monitoring system for the measurement of the opacity of 
emissions discharged into the atmosphere from the control device(s) 
shall be installed, calibrated, maintained, and operated by the owner or 
operator subject to the provisions of this subpart.
    (b) No continuous monitoring system shall be required on any control 
device serving the dust-handling system.
    (c) A continuous monitoring system for the measurement of the 
opacity of emissions discharged into the atmosphere from the control 
device(s) is not required on any modular, multi-stack, negative-pressure 
or positive-pressure fabric filter if observations of the opacity of the 
visible emissions from the control device are performed by a certified 
visible emission observer; or on any single-stack fabric filter if 
visible emissions from the control device are performed by a certified 
visible emission observer and the owner installs and continuously 
operates a bag leak detection system according to paragraph (e) of this 
section. Visible emission observations shall be conducted at least once 
per day for at least three 6-minute periods when the furnace is 
operating in the melting and refining period. All visible emissions 
observations shall be conducted in accordance with Method 9. If visible 
emissions occur from more than one point, the opacity shall be recorded 
for any points where visible emissions are observed. Where it is 
possible to determine that a number of visible emission sites relate to 
only one incident of the visible emission, only one set of three 6-
minute observations will be required. In that case, the Method 9 
observations must be made for the site of highest opacity that directly 
relates to the cause (or location) of visible emissions observed during 
a single incident. Records shall be maintained of any 6-minute average 
that is in excess of the emission limit specified in Sec.  60.272a(a).
    (d) A furnace static pressure monitoring device is not required on 
any EAF equipped with a DEC system if observations of shop opacity are 
performed by a certified visible emission observer as follows: Shop 
opacity observations shall be conducted at least once per day when the 
furnace is operating in the meltdown and refining period. Shop opacity 
shall be determined as the arithmetic average of 24 consecutive 15-
second opacity observations of emissions from the shop taken in 
accordance with Method 9. Shop opacity shall be recorded for any 
point(s) where visible emissions are observed. Where it is possible to 
determine that a number of visible emission sites relate to only one 
incident of visible emissions, only one observation of shop opacity will 
be required. In this case, the shop opacity observations must be made 
for the site of highest opacity that directly relates to the cause (or 
location) of visible emissions observed during a single incident.
    (e) A bag leak detection system must be installed and continuously 
operated on all single-stack fabric filters if the owner or operator 
elects not to install

[[Page 495]]

and operate a continuous opacity monitoring system as provided for under 
paragraph (c) of this section. In addition, the owner or operator shall 
meet the visible emissions observation requirements in paragraph (c) of 
this section. The bag leak detection system must meet the specifications 
and requirements of paragraphs (e)(1) through (8) of this section.
    (1) The bag leak detection system must be certified by the 
manufacturer to be capable of detecting particulate matter emissions at 
concentrations of 1 milligram per actual cubic meter (0.00044 grains per 
actual cubic foot) or less.
    (2) The bag leak detection system sensor must provide output of 
relative particulate matter loadings and the owner or operator shall 
continuously record the output from the bag leak detection system using 
electronic or other means (e.g., using a strip chart recorder or a data 
logger.)
    (3) The bag leak detection system must be equipped with an alarm 
system that will sound when an increase in relative particulate loading 
is detected over the alarm set point established according to paragraph 
(e)(4) of this section, and the alarm must be located such that it can 
be heard by the appropriate plant personnel.
    (4) For each bag leak detection system required by paragraph (e) of 
this section, the owner or operator shall develop and submit to the 
Administrator or delegated authority, for approval, a site-specific 
monitoring plan that addresses the items identified in paragraphs (i) 
through (v) of this paragraph (e)(4). For each bag leak detection system 
that operates based on the triboelectric effect, the monitoring plan 
shall be consistent with the recommendations contained in the U.S. 
Environmental Protection Agency guidance document ``Fabric Filter Bag 
Leak Detection Guidance'' (EPA-454/R-98-015). The owner or operator 
shall operate and maintain the bag leak detection system according to 
the site-specific monitoring plan at all times. The plan shall describe 
the following:
    (i) Installation of the bag leak detection system;
    (ii) Initial and periodic adjustment of the bag leak detection 
system including how the alarm set-point will be established;
    (iii) Operation of the bag leak detection system including quality 
assurance procedures;
    (iv) How the bag leak detection system will be maintained including 
a routine maintenance schedule and spare parts inventory list; and
    (v) How the bag leak detection system output shall be recorded and 
stored.
    (5) The initial adjustment of the system shall, at a minimum, 
consist of establishing the baseline output by adjusting the sensitivity 
(range) and the averaging period of the device, and establishing the 
alarm set points and the alarm delay time (if applicable).
    (6) Following initial adjustment, the owner or operator shall not 
adjust the averaging period, alarm set point, or alarm delay time 
without approval from the Administrator or delegated authority except as 
provided for in paragraphs (e)(6)(i) and (ii) of this section.
    (i) Once per quarter, the owner or operator may adjust the 
sensitivity of the bag leak detection system to account for seasonal 
effects including temperature and humidity according to the procedures 
identified in the site-specific monitoring plan required under 
paragraphs (e)(4) of this section.
    (ii) If opacities greater than zero percent are observed over four 
consecutive 15-second observations during the daily opacity observations 
required under paragraph (c) of this section and the alarm on the bag 
leak detection system does not sound, the owner or operator shall lower 
the alarm set point on the bag leak detection system to a point where 
the alarm would have sounded during the period when the opacity 
observations were made.
    (7) For negative pressure, induced air baghouses, and positive 
pressure baghouses that are discharged to the atmosphere through a 
stack, the bag leak detection sensor must be installed downstream of the 
baghouse and upstream of any wet scrubber.
    (8) Where multiple detectors are required, the system's 
instrumentation and alarm may be shared among detectors.

[[Page 496]]

    (f) For each bag leak detection system installed according to 
paragraph (e) of this section, the owner or operator shall initiate 
procedures to determine the cause of all alarms within 1 hour of an 
alarm. Except as provided for under paragraph (g) of this section, the 
cause of the alarm must be alleviated within 3 hours of the time the 
alarm occurred by taking whatever corrective action(s) are necessary. 
Corrective actions may include, but are not limited to, the following:
    (1) Inspecting the baghouse for air leaks, torn or broken bags or 
filter media, or any other condition that may cause an increase in 
particulate emissions;
    (2) Sealing off defective bags or filter media;
    (3) Replacing defective bags or filter media or otherwise repairing 
the control device;
    (4) Sealing off a defective baghouse compartment;
    (5) Cleaning the bag leak detection system probe or otherwise 
repairing the bag leak detection system; and
    (6) Shutting down the process producing the particulate emissions.
    (g) In approving the site-specific monitoring plan required in 
paragraph (e)(4) of this section, the Administrator or delegated 
authority may allow owners or operators more than 3 hours to alleviate 
specific conditions that cause an alarm if the owner or operator 
identifies the condition that could lead to an alarm in the monitoring 
plan, adequately explains why it is not feasible to alleviate the 
condition within 3 hours of the time the alarm occurred, and 
demonstrates that the requested additional time will ensure alleviation 
of the condition as expeditiously as practicable.

[49 FR 43845, Oct. 31, 1984, as amended at 54 FR 6672, Feb. 14, 1989; 64 
FR 10111, Mar. 2, 1999; 70 FR 8532, Feb. 22, 2005]



Sec.  60.274a  Monitoring of operations.

    (a) The owner or operator subject to the provisions of this subpart 
shall maintain records of the following information:
    (1) All data obtained under paragraph (b) of this section; and
    (2) All monthly operational status inspections performed under 
paragraph (c) of this section.
    (b) Except as provided under paragraph (e) of this section, the 
owner or operator subject to the provisions of this subpart shall check 
and record on a once-per-shift basis the furnace static pressure (if DEC 
system is in use, and a furnace static pressure gauge is installed 
according to paragraph (f) of this section) and either: check and record 
the control system fan motor amperes and damper position on a once-per-
shift basis; install, calibrate, and maintain a monitoring device that 
continuously records the volumetric flow rate through each separately 
ducted hood; or install, calibrate, and maintain a monitoring device 
that continuously records the volumetric flow rate at the control device 
inlet and check and record damper positions on a once-per-shift basis. 
The monitoring device(s) may be installed in any appropriate location in 
the exhaust duct such that reproducible flow rate monitoring will 
result. The flow rate monitoring device(s) shall have an accuracy of 
10 percent over its normal operating range and 
shall be calibrated according to the manufacturer's instructions. The 
Administrator may require the owner or operator to demonstrate the 
accuracy of the monitoring device(s) relative to Methods 1 and 2 of 
appendix A of this part.
    (c) When the owner or operator of an affected facility is required 
to demonstrate compliance with the standards under Sec.  60.272a(a)(3) 
and at any other time that the Administrator may require (under section 
114 of the CAA, as amended) either: the control system fan motor amperes 
and all damper positions, the volumetric flow rate through each 
separately ducted hood, or the volumetric flow rate at the control 
device inlet and all damper positions shall be determined during all 
periods in which a hood is operated for the purpose of capturing 
emissions from the affected facility subject to paragraph (b) of this 
section. The owner or operator may petition the Administrator for 
reestablishment of these parameters whenever the owner or operator

[[Page 497]]

can demonstrate to the Administrator's satisfaction that the affected 
facility operating conditions upon which the parameters were previously 
established are no longer applicable. The values of these parameters as 
determined during the most recent demonstration of compliance shall be 
maintained at the appropriate level for each applicable period. 
Operation at other than baseline values may be subject to the 
requirements of Sec.  60.276a(c).
    (d) Except as provided under paragraph (e) of this section, the 
owner or operator shall perform monthly operational status inspections 
of the equipment that is important to the performance of the total 
capture system (i.e., pressure sensors, dampers, and damper switches). 
This inspection shall include observations of the physical appearance of 
the equipment (e.g., presence of holes in ductwork or hoods, flow 
constrictions caused by dents or accumulated dust in ductwork, and fan 
erosion). Any deficiencies shall be noted and proper maintenance 
performed.
    (e) The owner or operator may petition the Administrator to approve 
any alternative to either the monitoring requirements specified in 
paragraph (b) of this section or the monthly operational status 
inspections specified in paragraph (d) of this section if the 
alternative will provide a continuous record of operation of each 
emission capture system.
    (f) Except as provided for under Sec.  60.273a(d), if emissions 
during any phase of the heat time are controlled by the use of a DEC 
system, the owner or operator shall install, calibrate, and maintain a 
monitoring device that allows the pressure in the free space inside the 
EAF to be monitored. The pressure shall be recorded as 15-minute 
integrated averages. The monitoring device may be installed in any 
appropriate location in the EAF or DEC duct prior to the introduction of 
ambient air such that reproducible results will be obtained. The 
pressure monitoring device shall have an accuracy of 5 mm of water gauge over its normal operating range and 
shall be calibrated according to the manufacturer's instructions.
    (g) Except as provided for under Sec.  60.273a(d), when the owner or 
operator of an EAF controlled by a DEC is required to demonstrate 
compliance with the standard under Sec.  60.272a(a)(3), and at any other 
time the Administrator may require (under section 114 of the Clean Air 
Act, as amended), the pressure in the free space inside the furnace 
shall be determined during the meltdown and refining period(s) using the 
monitoring device required under paragraph (f) of this section. The 
owner or operator may petition the Administrator for reestablishment of 
the pressure whenever the owner or operator can demonstrate to the 
Administrator's satisfaction that the EAF operating conditions upon 
which the pressures were previously established are no longer 
applicable. The pressure determined during the most recent demonstration 
of compliance shall be maintained at all times when the EAF is operating 
in a meltdown and refining period. Operation at higher pressures may be 
considered by the Administrator to be unacceptable operation and 
maintenance of the affected facility.
    (h) During any performance test required under Sec.  60.8, and for 
any report thereof required by Sec.  60.276a(f) of this subpart, or to 
determine compliance with Sec.  60.272a(a)(3) of this subpart, the owner 
or operator shall monitor the following information for all heats 
covered by the test:
    (1) Charge weights and materials, and tap weights and materials;
    (2) Heat times, including start and stop times, and a log of process 
operation, including periods of no operation during testing and the 
pressure inside an EAF when direct-shell evacuation control systems are 
used;
    (3) Control device operation log; and
    (4) Continuous opacity monitor or Method 9 data.

[49 FR 43845, Oct. 31, 1984, as amended at 64 FR 10111, Mar. 2, 1999; 65 
FR 61758, Oct. 17, 2000; 70 FR 8533, Feb. 22, 2005]



Sec.  60.275a  Test methods and procedures.

    (a) During performance tests required in Sec.  60.8, the owner or 
operator shall not add gaseous diluents to the effluent gas stream after 
the fabric in any pressurized fabric filter collector, unless the amount 
of dilution is separately

[[Page 498]]

determined and considered in the determination of emissions.
    (b) When emissions from any EAF(s) or AOD vessel(s) are combined 
with emissions from facilities not subject to the provisions of this 
subpart but controlled by a common capture system and control device, 
the owner or operator shall use either or both of the following 
procedures during a performance test (see also Sec.  60.276a(e)):
    (1) Determine compliance using the combined emissions.
    (2) Use a method that is acceptable to the Administrator and that 
compensates for the emissions from the facilities not subject to the 
provisions of this subpart.
    (c) When emission from any EAF(s) or AOD vessel(s) are combined with 
emissions from facilities not subject to the provisions of this subpart, 
the owner or operator shall demonstrate compliance with Sec.  
60.272(a)(3) based on emissions from only the affected facility(ies).
    (d) In conducting the performance tests required in Sec.  60.8, the 
owner or operator shall use as reference methods and procedures the test 
methods in appendix A of this part or other methods and procedures as 
specified in this section, except as provided in Sec.  60.8(b).
    (e) The owner or operator shall determine compliance with the 
particulate matter standards in Sec.  60.272a as follows:
    (1) Method 5 shall be used for negative-pressure fabric filters and 
other types of control devices and Method 5D shall be used for positive-
pressure fabric filters to determine the particulate matter 
concentration and volumetric flow rate of the effluent gas. The sampling 
time and sample volume for each run shall be at least 4 hours and 4.50 
dscm (160 dscf) and, when a single EAF or AOD vessel is sampled, the 
sampling time shall include an integral number of heats.
    (2) When more than one control device serves the EAF(s) being 
tested, the concentration of particulate matter shall be determined 
using the following equation:
[GRAPHIC] [TIFF OMITTED] TC16NO91.014

where:

cst = average concentration of particulate matter, mg/dscm 
          (gr/dscf).
csi = concentration of particulate matter from control device 
          ``i'', mg/dscm (gr/dscf).
n = total number of control devices tested.
Qsdi = volumetric flow rate of stack gas from control device 
          ``i'', dscm/hr (dscf/hr).

    (3) Method 9 and the procedures of Sec.  60.11 shall be used to 
determine opacity.
    (4) To demonstrate compliance with Sec.  60.272a(a) (1), (2), and 
(3), the Method 9 test runs shall be conducted concurrently with the 
particulate matter test runs, unless inclement weather interferes.
    (f) To comply with Sec.  60.274a (c), (f), (g), and (h), the owner 
or operator shall obtain the information required in these paragraphs 
during the particulate matter runs.
    (g) Any control device subject to the provisions of the subpart 
shall be designed and constructed to allow measurement of emissions 
using applicable test methods and procedures.
    (h) Where emissions from any EAF(s) or AOD vessel(s) are combined 
with emissions from facilities not subject to the provisions of this 
subpart but controlled by a common capture system and control device, 
the owner or operator may use any of the following procedures during a 
performance test:
    (1) Base compliance on control of the combined emissions;
    (2) Utilize a method acceptable to the Administrator that 
compensates for the emissions from the facilities not subject to the 
provisions of this subpart, or;
    (3) Any combination of the criteria of paragraphs (h)(1) and (h)(2) 
of this section.
    (i) Where emissions from any EAF(s) or AOD vessel(s) are combined 
with emissions from facilities not subject to the provisions of this 
subpart, determinations of compliance with Sec.  60.272a(a)(3) will only 
be based upon emissions originating from the affected facility(ies).
    (j) Unless the presence of inclement weather makes concurrent 
testing infeasible, the owner or operator shall conduct concurrently the 
performance

[[Page 499]]

tests required under Sec.  60.8 to demonstrate compliance with Sec.  
60.272a(a) (1), (2), and (3) of this subpart.

[49 FR 43845, Oct. 31, 1984, as amended at 54 FR 6673, Feb. 14, 1989; 54 
FR 21344, May 17, 1989; 65 FR 61758, Oct. 17, 2000]



Sec.  60.276a  Recordkeeping and reporting requirements.

    (a) Records of the measurements required in Sec.  60.274a must be 
retained for at least 2 years following the date of the measurement.
    (b) Each owner or operator shall submit a written report of 
exceedances of the control device opacity to the Administrator semi-
annually. For the purposes of these reports, exceedances are defined as 
all 6-minute periods during which the average opacity is 3 percent or 
greater.
    (c) Operation at a furnace static pressure that exceeds the value 
established under Sec.  60.274a(g) and either operation of control 
system fan motor amperes at values exceeding 15 
percent of the value established under Sec.  60.274a(c) or operation at 
flow rates lower than those established under Sec.  60.274a(c) may be 
considered by the Administrator to be unacceptable operation and 
maintenance of the affected facility. Operation at such values shall be 
reported to the Administrator semiannually.
    (d) The requirements of this section remain in force until and 
unless EPA, in delegating enforcement authority to a State under section 
111(c) of the Act, approves reporting requirements or an alternative 
means of compliance surveillance adopted by such State. In that event, 
affected sources within the State will be relieved of the obligation to 
comply with this section, provided that they comply with the 
requirements established by the State.
    (e) When the owner or operator of an EAF or AOD is required to 
demonstrate compliance with the standard under Sec.  60.275 (b)(2) or a 
combination of (b)(1) and (b)(2) the owner or operator shall obtain 
approval from the Administrator of the procedure(s) that will be used to 
determine compliance. Notification of the procedure(s) to be used must 
be postmarked at least 30 days prior to the performance test.
    (f) For the purpose of this subpart, the owner or operator shall 
conduct the demonstration of compliance with Sec.  60.272a(a) of this 
subpart and furnish the Administrator a written report of the results of 
the test. This report shall include the following information:
    (1) Facility name and address;
    (2) Plant representative;
    (3) Make and model of process, control device, and continuous 
monitoring equipment;
    (4) Flow diagram of process and emission capture equipment including 
other equipment or process(es) ducted to the same control device;
    (5) Rated (design) capacity of process equipment;
    (6) Those data required under Sec.  60.274a(h) of this subpart;
    (i) List of charge and tap weights and materials;
    (ii) Heat times and process log;
    (iii) Control device operation log; and
    (iv) Continuous opacity monitor or Method 9 data.
    (7) Test dates and test times;
    (8) Test company;
    (9) Test company representative;
    (10) Test observers from outside agency;
    (11) Description of test methodology used, including any deviation 
from standard reference methods;
    (12) Schematic of sampling location;
    (13) Number of sampling points;
    (14) Description of sampling equipment;
    (15) Listing of sampling equipment calibrations and procedures;
    (16) Field and laboratory data sheets;
    (17) Description of sample recovery procedures;
    (18) Sampling equipment leak check results;
    (19) Description of quality assurance procedures;
    (20) Description of analytical procedures;
    (21) Notation of sample blank corrections; and
    (22) Sample emission calculations.
    (g) The owner or operator shall maintain records of all shop opacity 
observations made in accordance with Sec.  60.273a(d). All shop opacity 
observations in excess of the emission limit specified in Sec.  
60.272a(a)(3) of this subpart shall indicate a period of excess 
emission, and shall be reported to the

[[Page 500]]

administrator semi-annually, according to Sec.  60.7(c).
    (h) The owner or operator shall maintain the following records for 
each bag leak detection system required under Sec.  60.273a(e):
    (1) Records of the bag leak detection system output;
    (2) Records of bag leak detection system adjustments, including the 
date and time of the adjustment, the initial bag leak detection system 
settings, and the final bag leak detection system settings; and
    (3) An identification of the date and time of all bag leak detection 
system alarms, the time that procedures to determine the cause of the 
alarm were initiated, if procedures were initiated within 1 hour of the 
alarm, the cause of the alarm, an explanation of the actions taken, the 
date and time the cause of the alarm was alleviated, and if the alarm 
was alleviated within 3 hours of the alarm.

[49 FR 43845, Oct. 31, 1984, as amended at 54 FR 6673, Feb. 14, 1989; 64 
FR 10111, Mar. 2, 1999; 65 FR 61758, Oct. 17, 2000; 70 FR 8533, Feb. 22, 
2005]



        Subpart BB_Standards of Performance for Kraft Pulp Mills



Sec.  60.280  Applicability and designation of affected facility.

    (a) The provisions of this subpart are applicable to the following 
affected facilities in kraft pulp mills: Digester system, brown stock 
washer system, multiple-effect evaporator system, recovery furnace, 
smelt dissolving tank, lime kiln, and condensate stripper system. In 
pulp mills where kraft pulping is combined with neutral sulfite 
semichemical pulping, the provisions of this subpart are applicable when 
any portion of the material charged to an affected facility is produced 
by the kraft pulping operation.
    (b) Except as noted in Sec.  60.283(a)(1)(iv), any facility under 
paragraph (a) of this section that commences construction, 
reconstruction, or modification after September 24, 1976, and on or 
before May 23, 2013 is subject to the requirements of this subpart. Any 
facility under paragraph (a) of this section that commences 
construction, reconstruction, or modification after May 23, 2013 is 
subject to the requirements of subpart BBa of this part.

[51 FR 18544, May 20, 1986, as amended at 79 FR 18966, Apr. 4, 2014]



Sec.  60.281  Definitions.

    As used in this subpart, all terms not defined herein shall have the 
same meaning given them in the Act and in subpart A.
    (a) Kraft pulp mill means any stationary source which produces pulp 
from wood by cooking (digesting) wood chips in a water solution of 
sodium hydroxide and sodium sulfide (white liquor) at high temperature 
and pressure. Regeneration of the cooking chemicals through a recovery 
process is also considered part of the kraft pulp mill.
    (b) Neutral sulfite semichemical pulping operation means any 
operation in which pulp is produced from wood by cooking (digesting) 
wood chips in a solution of sodium sulfite and sodium bicarbonate, 
followed by mechanical defibrating (grinding).
    (c) Total reduced sulfur (TRS) means the sum of the sulfur compounds 
hydrogen sulfide, methyl mercaptan, dimethyl sulfide, and dimethyl 
disulfide, that are released during the kraft pulping operation and 
measured by Method 16.
    (d) Digester system means each continuous digester or each batch 
digester used for the cooking of wood in white liquor, and associated 
flash tank(s), blow tank(s), chip steamer(s), and condenser(s).
    (e) Brown stock washer system means brown stock washers and 
associated knotters, vacuum pumps, and filtrate tanks used to wash the 
pulp following the digester system. Diffusion washers are excluded from 
this definition.
    (f) Multiple-effect evaporator system means the multiple-effect 
evaporators and associated condenser(s) and hotwell(s) used to 
concentrate the spent cooking liquid that is separated from the pulp 
(black liquor).
    (g) Black liquor oxidation system means the vessels used to oxidize, 
with air or oxygen, the black liquor, and associated storage tank(s).
    (h) Recovery furnace means either a straight kraft recovery furnace 
or a cross recovery furnace, and includes

[[Page 501]]

the direct-contact evaporator for a direct-contact furnace.
    (i) Straight kraft recovery furnace means a furnace used to recover 
chemicals consisting primarily of sodium and sulfur compounds by burning 
black liquor which on a quarterly basis contains 7 weight percent or 
less of the total pulp solids from the neutral sulfite semichemical 
process or has green liquor sulfidity of 28 percent or less.
    (j) Cross recovery furnace means a furnace used to recover chemicals 
consisting primarily of sodium and sulfur compounds by burning black 
liquor which on a quarterly basis contains more than 7 weight percent of 
the total pulp solids from the neutral sulfite semichemical process and 
has a green liquor sulfidity of more than 28 percent.
    (k) Black liquor solids means the dry weight of the solids which 
enter the recovery furnace in the black liquor.
    (l) Green liquor sulfidity means the sulfidity of the liquor which 
leaves the smelt dissolving tank.
    (m) Smelt dissolving tank means a vessel used for dissolving the 
smelt collected from the recovery furnace.
    (n) Lime kiln means a unit used to calcine lime mud, which consists 
primarily of calcium carbonate, into quicklime, which is calcium oxide.
    (o) Condensate stripper system means a column, and associated 
condensers, used to strip, with air or steam, TRS compounds from 
condensate streams from various processes within a kraft pulp mill.

[43 FR 7572, Feb. 23, 1978, as amended at 51 FR 18544, May 20, 1986; 65 
FR 61758, Oct. 17, 2000]



Sec.  60.282  Standard for particulate matter.

    (a) On and after the date on which the performance test required to 
be conducted by Sec.  60.8 is completed, no owner or operator subject to 
the provisions of this subpart shall cause to be discharged into the 
atmosphere:
    (1) From any recovery furnace any gases which:
    (i) Contain particulate matter in excess of 0.10 g/dscm (0.044 gr/
dscf) corrected to 8 percent oxygen.
    (ii) Exhibit 35 percent opacity or greater.
    (2) From any smelt dissolving tank any gases which contain 
particulate matter in excess of 0.1 g/kg black liquor solids (dry 
weight)[0.2 lb/ton black liquor solids (dry weight)].
    (3) From any lime kiln any gases which contain particulate matter in 
excess of:
    (i) 0.15 g/dscm (0.066 gr/dscf) corrected to 10 percent oxygen, when 
gaseous fossil fuel is burned.
    (ii) 0.30 g/dscm (0.13 gr/dscf) corrected to 10 percent oxygen, when 
liquid fossil fuel is burned.

[43 FR 7572, Feb. 23, 1978, as amended at 65 FR 61758, Oct. 17, 2000]



Sec.  60.283  Standard for total reduced sulfur (TRS).

    (a) On and after the date on which the performance test required to 
be conducted by Sec.  60.8 is completed, no owner or operator subject to 
the provisions of this subpart shall cause to be discharged into the 
atmosphere:
    (1) From any digester system, brown stock washer system, multiple-
effect evaporator system, or condensate stripper system any gases which 
contain TRS in excess of 5 ppm by volume on a dry basis, corrected to 10 
percent oxygen, unless the following conditions are met:
    (i) The gases are combusted in a lime kiln subject to the provisions 
of paragraph (a)(5) of this section; or
    (ii) The gases are combusted in a recovery furnace subject to the 
provisions of paragraphs (a)(2) or (a)(3) of this section; or
    (iii) The gases are combusted with other waste gases in an 
incinerator or other device, or combusted in a lime kiln or recovery 
furnace not subject to the provisions of this subpart, and are subjected 
to a minimum temperature of 650 [deg]C (1200 [deg]F) for at least 0.5 
second; or
    (iv) It has been demonstrated to the Administrator's satisfaction by 
the owner or operator that incinerating the exhaust gases from a new, 
modified, or reconstructed brown stock washer system is technologically 
or economically unfeasible. Any exempt system will become subject to the 
provisions of this subpart if the facility is changed so that the gases 
can be incinerated.

[[Page 502]]

    (v) The gases from the digester system, brown stock washer system, 
or condensate stripper system are controlled by a means other than 
combustion. In this case, this system shall not discharge any gases to 
the atmosphere which contain TRS in excess of 5 ppm by volume on a dry 
basis, uncorrected for oxygen content.
    (vi) The uncontrolled exhaust gases from a new, modified, or 
reconstructed digester system contain TRS less than 0.005 g/kg air dried 
pulp (ADP) (0.01 lb/ton ADP).
    (2) From any straight kraft recovery furnace any gases which contain 
TRS in excess of 5 ppm by volume on a dry basis, corrected to 8 percent 
oxygen.
    (3) From any cross recovery furnace any gases which contain TRS in 
excess of 25 ppm by volume on a dry basis, corrected to 8 percent 
oxygen.
    (4) From any smelt dissolving tank any gases which contain TRS in 
excess of 0.016 g/kg black liquor solids as H2S (0.033 lb/ton 
black liquor solids as H2S).
    (5) From any lime kiln any gases which contain TRS in excess of 8 
ppm by volume on a dry basis, corrected to 10 percent oxygen.

[43 FR 7572, Feb. 23, 1978, as amended at 50 FR 6317, Feb. 14, 1985; 51 
FR 18544, May 20, 1986; 65 FR 61758, Oct. 17, 2000]



Sec.  60.284  Monitoring of emissions and operations.

    (a) Any owner or operator subject to the provisions of this subpart 
shall install, calibrate, maintain, and operate the following continuous 
monitoring systems:
    (1) A continuous monitoring system to monitor and record the opacity 
of the gases discharged into the atmosphere from any recovery furnace. 
The span of this system shall be set at 70 percent opacity.
    (2) Continuous monitoring systems to monitor and record the 
concentration of TRS emissions on a dry basis and the percent of oxygen 
by volume on a dry basis in the gases discharged into the atmosphere 
from any lime kiln, recovery furnace, digester system, brown stock 
washer system, multiple-effect evaporator system, or condensate stripper 
system, except where the provisions of Sec.  60.283(a)(1) (iii) or (iv) 
apply. These systems shall be located downstream of the control 
device(s) and the spans of these continuous monitoring system(s) shall 
be set:
    (i) At a TRS concentration of 30 ppm for the TRS continuous 
monitoring system, except that for any cross recovery furnace the span 
shall be set at 50 ppm.
    (ii) At 25 percent oxygen for the continuous oxygen monitoring 
system.
    (b) Any owner or operator subject to the provisions of this subpart 
shall install, calibrate, maintain, and operate the following continuous 
monitoring devices:
    (1) For any incinerator, a monitoring device which measures and 
records the combustion temperature at the point of incineration of 
effluent gases which are emitted from any digester system, brown stock 
washer system, multiple-effect evaporator system, black liquor oxidation 
system, or condensate stripper system where the provisions of Sec.  
60.283(a)(1)(iii) apply. The monitoring device is to be certified by the 
manufacturer to be accurate within 1 percent of 
the temperature being measured.
    (2) For any lime kiln or smelt dissolving tank using a scrubber 
emission control device:
    (i) A monitoring device for the continuous measurement of the 
pressure loss of the gas stream through the control equipment. The 
monitoring device is to be certified by the manufacturer to be accurate 
to within a gage pressure of 500 pascals (ca. 
2 inches water gage pressure).
    (ii) A monitoring device for the continuous measurement of the 
scrubbing liquid supply pressure to the control equipment. The 
monitoring device is to be certified by the manufacturer to be accurate 
within 15 percent of design scrubbing liquid 
supply pressure. The pressure sensor or tap is to be located close to 
the scrubber liquid discharge point. The Administrator may be consulted 
for approval of alternative locations.
    (c) Any owner or operator subject to the provisions of this subpart 
shall, except where the provisions of Sec.  60.283(a)(1)(iii) or (iv) 
apply, perform the following:

[[Page 503]]

    (1) Calculate and record on a daily basis 12-hour average TRS 
concentrations for the two consecutive periods of each operating day. 
Each 12-hour average shall be determined as the arithmetic mean of the 
appropriate 12 contiguous 1-hour average total reduced sulfur 
concentrations provided by each continuous monitoring system installed 
under paragraph (a)(2) of this section.
    (2) Calculate and record on a daily basis 12-hour average oxygen 
concentrations for the two consecutive periods of each operating day for 
the recovery furnace and lime kiln. These 12-hour averages shall 
correspond to the 12-hour average TRS concentrations under paragraph 
(c)(1) of this section and shall be determined as an arithmetic mean of 
the appropriate 12 contiguous 1-hour average oxygen concentrations 
provided by each continuous monitoring system installed under paragraph 
(a)(2) of this section.
    (3) Using the following equation, correct all 12-hour average TRS 
concentrations to 10 volume percent oxygen, except that all 12-hour 
average TRS concentrations from a recovery furnace shall be corrected to 
8 volume percent oxygen instead of 10 percent, and all 12-hour average 
TRS concentrations from a facility to which the provisions of Sec.  
60.283(a)(1)(v) apply shall not be corrected for oxygen content:

Ccorr = C meas x (21- X)/(21- Y)
where:

Ccorr = the concentration corrected for oxygen.
Cmeas = the concentration uncorrected for oxygen.
X = the volumetric oxygen concentration in percentage to be corrected to 
          (8 percent for recovery furnaces and 10 percent for lime 
          kilns, incinerators, or other devices).
Y = the measured 12-hour average volumetric oxygen concentration.

    (4) Record once per shift measurements obtained from the continuous 
monitoring devices installed under paragraph (b)(2) of this section.
    (d) For the purpose of reports required under Sec.  60.7(c), any 
owner or operator subject to the provisions of this subpart shall report 
semiannually periods of excess emissions as follows:
    (1) For emissions from any recovery furnace periods of excess 
emissions are:
    (i) All 12-hour averages of TRS concentrations above 5 ppm by volume 
for straight kraft recovery furnaces and above 25 ppm by volume for 
cross recovery furnaces.
    (ii) All 6-minute average opacities that exceed 35 percent.
    (2) For emissions from any lime kiln, periods of excess emissions 
are all 12-hour average TRS concentration above 8 ppm by volume.
    (3) For emissions from any digester system, brown stock washer 
system, multiple-effect evaporator system, or condensate stripper system 
periods of excess emissions are:
    (i) All 12-hour average TRS concentrations above 5 ppm by volume 
unless the provisions of Sec.  60.283(a)(1) (i), (ii), or (iv) apply; or
    (ii) All periods in excess of 5 minutes and their duration during 
which the combustion temperature at the point of incineration is less 
than 650 [deg]C (1200 [deg]F), where the provisions of Sec.  
60.283(a)(1)(iii) apply.
    (e) The Administrator will not consider periods of excess emissions 
reported under paragraph (d) of this section to be indicative of a 
violation of Sec.  60.11(d) provided that:
    (1) The percent of the total number of possible contiguous periods 
of excess emissions in a quarter (excluding periods of startup, 
shutdown, or malfunction and periods when the facility is not operating) 
during which excess emissions occur does not exceed:
    (i) One percent for TRS emissions from recovery furnaces.
    (ii) Six percent for average opacities from recovery furnaces.
    (2) The Administrator determines that the affected facility, 
including air pollution control equipment, is maintained and operated in 
a manner which is consistent with good air pollution control practice 
for minimizing emissions during periods of excess emissions.
    (f) The procedures under Sec.  60.13 shall be followed for 
installation, evaluation, and operation of the continuous monitoring 
systems required under this section. All continuous monitoring systems 
shall be operated in accordance with the applicable procedures

[[Page 504]]

under Performance Specifications 1, 3, and 5 of appendix B of this part.

[43 FR 7572, Feb. 23, 1978, as amended at 51 FR 18545, May 20, 1986; 65 
FR 61759, Oct. 17, 2000; 71 FR 55127, Sept. 21, 2006; 79 FR 11250, Feb. 
27, 2014]



Sec.  60.285  Test methods and procedures.

    (a) In conducting the performance tests required in Sec.  60.8, the 
owner or operator shall use as reference methods and procedures the test 
methods in appendix A of this part or other methods and procedures in 
this section, except as provided in Sec.  60.8(b). Acceptable 
alternative methods and procedures are given in paragraph (f) of this 
section.
    (b) The owner or operator shall determine compliance with the 
particulate matter standards in Sec.  60.282(a) (1) and (3) as follows:
    (1) Method 5 shall be used to determine the particulate matter 
concentration. The sampling time and sample volume for each run shall be 
at least 60 minutes and 0.90 dscm (31.8 dscf). Water shall be used as 
the cleanup solvent instead of acetone in the sample recovery procedure. 
The particulate concentration shall be corrected to the appropriate 
oxygen concentration according to Sec.  60.284(c)(3).
    (2) The emission rate correction factor, integrated sampling and 
analysis procedure of Method 3B shall be used to determine the oxygen 
concentration. The gas sample shall be taken at the same time and at the 
same traverse points as the particulate sample.
    (3) Method 9 and the procedures in Sec.  60.11 shall be used to 
determine opacity.
    (c) The owner or operator shall determine compliance with the 
particular matter standard in Sec.  60.282(a)(2) as follows:
    (1) The emission rate (E) of particulate matter shall be computed 
for each run using the following equation:

E = cs Qsd / BLS

where:

E = emission rate of particulate matter, g/kg (lb/ton) of BLS.
cs = Concentration of particulate matter, g/dscm (lb/dscf).
Qsd = volumetric flow rate of effluent gas, dscm/hr (dscf/
          hr).
BLS = black liquor solids (dry weight) feed rate, kg/hr (ton/hr).

    (2) Method 5 shall be used to determine the particulate matter 
concentration (cs) and the volumetric flow rate 
(Qsd) of the effluent gas. The sampling time and sample 
volume shall be at least 60 minutes and 0.90 dscm (31.8 dscf). Water 
shall be used instead of acetone in the sample recovery.
    (3) Process data shall be used to determine the black liquor solids 
(BLS) feed rate on a dry weight basis.
    (d) The owner or operator shall determine compliance with the TRS 
standards in Sec.  60.283, except Sec.  60.283(a)(1)(vi) and (4), as 
follows:
    (1) Method 16 shall be used to determine the TRS concentration. The 
TRS concentration shall be corrected to the appropriate oxygen 
concentration using the procedure in Sec.  60.284(c)(3). The sampling 
time shall be at least 3 hours, but no longer than 6 hours.
    (2) The emission rate correction factor, integrated sampling and 
analysis procedure of Method 3B shall be used to determine the oxygen 
concentration. The sample shall be taken over the same time period as 
the TRS samples.
    (3) When determining whether a furnace is a straight kraft recovery 
furnace or a cross recovery furnace, TAPPI Method T.624 (incorporated by 
reference--see Sec.  60.17) shall be used to determine sodium sulfide, 
sodium hydroxide, and sodium carbonate. These determinations shall be 
made 3 times daily from the green liquor, and the daily average values 
shall be converted to sodium oxide (Na20) and substituted 
into the following equation to determine the green liquor sulfidity:
[GRAPHIC] [TIFF OMITTED] TR17OC00.009

Where:

GLS = green liquor sulfidity, percent.
CNa2S = concentration of Na2S as Na2O, 
          mg/liter (gr/gal).
CNaOH = concentration of NaOH as Na2O, mg/liter 
          (gr/gal).
CNa2CO3 = concentration of Na2CO3 as 
          Na2O, mg/liter (gr/gal).

    (e) The owner or operator shall determine compliance with the TRS 
standards in Sec.  60.283(a)(1)(vi) and (4) as follows:
    (1) The emission rate (E) of TRS shall be computed for each run 
using the following equation:


[[Page 505]]


E = CTRS F Qsd/P

where:

E = emission rate of TRS, g/kg (lb/ton) of BLS or ADP.
CTRS = average combined concentration of TRS, ppm.
F = conversion factor, 0.001417 g H2S/m\3\-ppm (8.846 x 
          10-8 lb H2S/ft\3\-ppm).
Qsd = volumetric flow rate of stack gas, dscm/hr (dscf/hr).
P = black liquor solids feed or pulp production rate, kg/hr (ton/hr).

    (2) Method 16 shall be used to determine the TRS concentration 
(CTRS).
    (3) Method 2 shall be used to determine the volumetric flow rate 
(Qsd) of the effluent gas.
    (4) Process data shall be used to determine the black liquor feed 
rate or the pulp production rate (P).
    (f) The owner or operator may use the following as alternatives to 
the reference methods and procedures specified in this section:
    (1) For Method 5, Method 17 may be used if a constant value of 0.009 
g/dscm (0.004 gr/dscf) is added to the results of Method 17 and the 
stack temperature is no greater than 204 [deg]C (400 [deg]F).
    (2) In place of Method 16, Method 16A or 16B may be used.

[54 FR 6673, Feb. 14, 1989; 54 FR 21344, May 17, 1989, as amended at 55 
FR 5212, Feb. 14, 1990; 65 FR 61759, Oct. 17, 2000]



   Subpart BBa_Standards of Performance for Kraft Pulp Mill Affected 
    Sources for Which Construction, Reconstruction, or Modification 
                      Commenced After May 23, 2013

    Source: 79 FR 18966, Apr. 4, 2014, unless otherwise noted.



Sec.  60.280a  Applicability and designation of affected facility.

    (a) The provisions of this subpart are applicable to the following 
affected facilities in kraft pulp mills: digester system, brown stock 
washer system, multiple-effect evaporator system, recovery furnace, 
smelt dissolving tank, lime kiln and condensate stripper system. In pulp 
mills where kraft pulping is combined with neutral sulfite semichemical 
pulping, the provisions of this subpart are applicable when any portion 
of the material charged to an affected facility is produced by the kraft 
pulping operation.
    (b) Except as noted in Sec.  60.283a(a)(1)(iv), any facility under 
paragraph (a) of this section that commences construction, 
reconstruction or modification after May 23, 2013, is subject to the 
requirements of this subpart. Any facility under paragraph (a) of this 
section that commenced construction, reconstruction, or modification 
after September 24, 1976, and on or before May 23, 2013 is subject to 
the requirements of subpart BB of this part.



Sec.  60.281a  Definitions.

    As used in this subpart, all terms not defined herein must have the 
same meaning given them in the Act and in subpart A.
    Affirmative defense means, in the context of an enforcement 
proceeding, a response or defense put forward by a defendant, regarding 
which the defendant has the burden of proof, and the merits of which are 
independently and objectively evaluated in a judicial or administrative 
proceeding.
    Black liquor solids (BLS) means the dry weight of the solids which 
enter the recovery furnace in the black liquor.
    Brown stock washer system means brown stock washers and associated 
knotters, vacuum pumps, and filtrate tanks used to wash the pulp 
following the digester system. Diffusion washers are excluded from this 
definition.
    Closed-vent system means a system that is not open to the atmosphere 
and is composed of piping, ductwork, connections, and, if necessary, 
flow-inducing devices that transport gas or vapor from an emission point 
to a control device.
    Condensable particulate matter, for purposes of this subpart, means 
particulate matter (PM) measured by EPA Method 202 of appendix M of 40 
CFR part 51 that is vapor phase at stack conditions, but condenses and/
or reacts upon cooling and dilution in the ambient air to form solid or 
liquid PM immediately after discharge from the stack.
    Condensate stripper system means a column, and associated 
condensers, used to strip, with air or steam, total

[[Page 506]]

reduced sulfur (TRS) compounds from condensate streams from various 
processes within a kraft pulp mill.
    Cross recovery furnace means a furnace used to recover chemicals 
consisting primarily of sodium and sulfur compounds by burning black 
liquor which on a quarterly basis contains more than 7 weight percent of 
the total pulp solids from the neutral sulfite semichemical process and 
has a green liquor sulfidity of more than 28 percent.
    Digester system means each continuous digester or each batch 
digester used for the cooking of wood in white liquor, and associated 
flash tank(s), blow tank(s), chip steamer(s) including chip bins using 
live steam, and condenser(s).
    Filterable particulate matter, for purposes of this subpart, means 
particulate matter measured by EPA Method 5 of appendix A-3 of this 
part.
    Green liquor sulfidity means the sulfidity of the liquor which 
leaves the smelt dissolving tank.
    High volume, low concentration (HVLC) closed-vent system means the 
gas collection and transport system used to convey gases from the brown 
stock washer system to a control device.
    Kraft pulp mill means any stationary source which produces pulp from 
wood by cooking (digesting) wood chips in a water solution of sodium 
hydroxide and sodium sulfide (white liquor) at high temperature and 
pressure. Regeneration of the cooking chemicals through a recovery 
process is also considered part of the kraft pulp mill.
    Lime kiln means a unit used to calcine lime mud, which consists 
primarily of calcium carbonate, into quicklime, which is calcium oxide.
    Low volume, high concentration (LVHC) closed-vent system means the 
gas collection and transport system used to convey gases from the 
digester system, condensate stripper system, and multiple-effect 
evaporator system to a control device.
    Monitoring system malfunction means a sudden, infrequent, not 
reasonably preventable failure of the monitoring system to provide valid 
data. Monitoring system failures that are caused in part by poor 
maintenance or careless operation are not malfunctions. The owner or 
operator is required to implement monitoring system repairs in response 
to monitoring system malfunctions or out-of-control periods, and to 
return the monitoring system to operation as expeditiously as 
practicable.
    Multiple-effect evaporator system means the multiple-effect 
evaporators and associated condenser(s) and hotwell(s) used to 
concentrate the spent cooking liquid that is separated from the pulp 
(black liquor).
    Neutral sulfite semichemical pulping operation means any operation 
in which pulp is produced from wood by cooking (digesting) wood chips in 
a solution of sodium sulfite and sodium bicarbonate, followed by 
mechanical defibrating (grinding).
    No-load fan amperage means, for the purposes of this subpart, the 
amperage pulled by the fan motor when the fan is operating under no-
load, specifically the amperage value the motor would use if the fan 
belt was removed or the coupling to a direct drive fan was disconnected.
    Recovery furnace means either a straight kraft recovery furnace or a 
cross recovery furnace, and includes the direct-contact evaporator for a 
direct-contact furnace.
    Smelt dissolving tank means a vessel used for dissolving the smelt 
collected from the recovery furnace.
    Straight kraft recovery furnace means a furnace used to recover 
chemicals consisting primarily of sodium and sulfur compounds by burning 
black liquor which on a quarterly basis contains 7 weight percent or 
less of the total pulp solids from the neutral sulfite semichemical 
process or has green liquor sulfidity of 28 percent or less.
    Total reduced sulfur (TRS) means the sum of the sulfur compounds 
hydrogen sulfide, methyl mercaptan, dimethyl sulfide, and dimethyl 
disulfide that are released during the kraft pulping operation and 
measured by Method 16 of appendix A-6 of this part.

[79 FR 18966, Apr. 4, 2014, as amended at 85 FR 70492, Nov. 5, 2020]



Sec.  60.282a  Standard for filterable particulate matter.

    (a) On and after the date on which the performance test required to 
be conducted by Sec.  60.8 is completed, no

[[Page 507]]

owner or operator subject to the provisions of this subpart shall cause 
to be discharged into the atmosphere:
    (1) From any modified recovery furnace any gases which:
    (i) Contain filterable particulate matter in excess of 0.10 gram per 
dry standard cubic meter (g/dscm) (0.044 grain per dry standard cubic 
foot (gr/dscf)) corrected to 8-percent oxygen.
    (ii) Exhibit 20-percent opacity or greater, where an electrostatic 
precipitator (ESP) emission control device is used, except where it is 
used in combination with a wet scrubber.
    (2) From any new or reconstructed recovery furnace any gases which:
    (i) Contain filterable particulate matter in excess of 0.034 g/dscm 
(0.015 gr/dscf) corrected to 8-percent oxygen.
    (ii) Exhibit 20-percent opacity or greater, where an ESP emission 
control device is used, except where it is used in combination with a 
wet scrubber.
    (3) From any modified or reconstructed smelt dissolving tank, or 
from any new smelt dissolving tank that is not associated with a new or 
reconstructed recovery furnace subject to the provisions of paragraph 
(a)(2) of this section, any gases which contain filterable particulate 
matter in excess of 0.1 gram per kilogram (g/kg) (0.2 pound per ton (lb/
ton)) of black liquor solids (dry weight).
    (4) From any new smelt dissolving tank associated with a new or 
reconstructed recovery furnace subject to the provisions of paragraph 
(a)(2) of this section, any gases which contain filterable particulate 
matter in excess of 0.060 g/kg (0.12 lb/ton) black liquor solids (dry 
weight).
    (5) From any modified lime kiln any gases which:
    (i) Contain filterable particulate matter in excess of 0.15 g/dscm 
(0.064 gr/dscf) corrected to 10-percent oxygen.
    (ii) Exhibit 20-percent opacity or greater, where an ESP emission 
control device is used, except where it is used in combination with a 
wet scrubber.
    (6) From any new or reconstructed lime kiln any gases which:
    (i) Contain filterable particulate matter in excess of 0.023 g/dscm 
(0.010 gr/dscf) corrected to 10-percent oxygen.
    (ii) Exhibit 20-percent opacity or greater, where an ESP emission 
control device is used, except where it is used in combination with a 
wet scrubber.
    (b) These standards apply at all times as specified in Sec. Sec.  
60.284a and 60.285a.
    (c) The exemptions to opacity standards under 40 CFR 60.11(c) do not 
apply to subpart BBa.



Sec.  60.283a  Standard for total reduced sulfur (TRS).

    (a) On and after the date on which the performance test required to 
be conducted by Sec.  60.8 is completed, no owner or operator subject to 
the provisions of this subpart must cause to be discharged into the 
atmosphere:
    (1) From any digester system, brown stock washer system, multiple-
effect evaporator system, or condensate stripper system any gases which 
contain TRS in excess of 5 parts per million (ppm) by volume on a dry 
basis, corrected to 10-percent oxygen, unless one of the following 
conditions are met:
    (i) The gases are collected in an LVHC or HVLC closed-vent system 
meeting the requirements of Sec.  63.450 and combusted in a lime kiln 
subject to the provisions of either paragraph (a)(5) of this section or 
Sec.  60.283(a)(5); or
    (ii) The gases are collected in an LVHC or HVLC closed-vent system 
meeting the requirements of Sec.  63.450 and combusted in a recovery 
furnace subject to the provisions of either paragraphs (a)(2) or (3) of 
this section or Sec.  60.283(a)(2) or (3); or
    (iii) The gases are collected in an LVHC or HVLC closed-vent system 
meeting the requirements of Sec.  63.450 and combusted with other waste 
gases in an incinerator or other device, or combusted in a lime kiln or 
recovery furnace not subject to the provisions of this subpart (or 
subpart BB of this part), and are subjected to a minimum temperature of 
650 [deg]C (1200 14 [deg]F) for at least 0.5 second; or
    (iv) It has been demonstrated to the Administrator's satisfaction by 
the owner or operator that incinerating the exhaust gases from a new, 
modified, or reconstructed brown stock washer system is technologically 
or economically unfeasible. Any exempt

[[Page 508]]

system will become subject to the provisions of this subpart if the 
facility is changed so that the gases can be incinerated.
    (v) The gases from the digester system, brown stock washer system, 
or condensate stripper system are collected in an LVHC or HVLC closed-
vent system meeting the requirements of Sec.  63.450 and controlled by a 
means other than combustion. In this case, this system must not 
discharge any gases to the atmosphere which contain TRS in excess of 5 
ppm by volume on a dry basis, uncorrected for oxygen content.
    (vi) The uncontrolled exhaust gases from a new, modified, or 
reconstructed digester system contain TRS less than 0.005 g/kg (0.01 lb/
ton) air dried pulp (ADP).
    (2) From any straight kraft recovery furnace any gases which contain 
TRS in excess of 5 ppm by volume on a dry basis, corrected to 8-percent 
oxygen.
    (3) From any cross recovery furnace any gases which contain TRS in 
excess of 25 ppm by volume on a dry basis, corrected to 8-percent 
oxygen.
    (4) From any smelt dissolving tank any gases which contain TRS in 
excess of 0.016 g/kg (0.033 lb/ton) of black liquor solids as hydrogen 
sulfide (H2S).
    (5) From any lime kiln any gases which contain TRS in excess of 8 
ppm by volume on a dry basis, corrected to 10-percent oxygen.
    (b) These standards apply at all times as specified in Sec. Sec.  
60.284a and 60.285a.



Sec.  60.284a  Monitoring of emissions and operations.

    (a) Any owner or operator subject to the provisions of this subpart 
must install, calibrate, maintain, and operate the continuous monitoring 
systems specified in paragraphs (a)(1) and (2) of this section:
    (1) A continuous monitoring system to monitor and record the opacity 
of the gases discharged into the atmosphere from any recovery furnace or 
lime kiln using an ESP emission control device, except as specified in 
paragraph (b)(4) of this section. The span of this system must be set at 
70-percent opacity. You must install, certify, and operate the 
continuous opacity monitoring system in accordance with Performance 
Specification (PS) 1 in appendix B to 40 CFR part 60.
    (2) Continuous monitoring systems to monitor and record the 
concentration of TRS emissions on a dry basis and the percent of oxygen 
by volume on a dry basis in the gases discharged into the atmosphere 
from any lime kiln, recovery furnace, digester system, brown stock 
washer system, multiple-effect evaporator system, or condensate stripper 
system, except where the provisions of Sec.  60.283a(a)(1)(iii) or (iv) 
apply. You must install, certify, and operate the continuous TRS 
monitoring system in accordance with Performance Specification (PS) 5 in 
appendix B to 40 CFR part 60. You must install, certify, and operate the 
continuous oxygen monitoring system in accordance with Performance 
Specification (PS) 3 in appendix B to 40 CFR part 60. These systems must 
be located downstream of the control device(s). The range of the 
continuous monitoring system must encompass all expected concentration 
values, including the zero and span values used for calibration. The 
spans of these continuous monitoring system(s) must be set:
    (i) At a TRS concentration of 30 ppm for the TRS continuous 
monitoring system, except that for any cross recovery furnace the span 
must be set at 50 ppm.
    (ii) At 21-percent oxygen for the continuous oxygen monitoring 
system.
    (b) Any owner or operator subject to the provisions of this subpart 
must install, calibrate, maintain, and operate the following continuous 
parameter monitoring devices specified in paragraphs (b)(1) through (4) 
of this section.
    (1) For any incinerator, a monitoring device for the continuous 
measurement of the combustion temperature at the point of incineration 
of effluent gases which are emitted from any digester system, brown 
stock washer system, multiple effect evaporator system, or condensate 
stripper system where the provisions of Sec.  60.283a(a)(1)(iii) apply. 
The monitoring device is to be certified by the manufacturer to be 
accurate within 1 percent of the temperature being 
measured.
    (2) For any recovery furnace, lime kiln, or smelt dissolving tank 
using a wet scrubber emission control device:

[[Page 509]]

    (i) A monitoring device for the continuous measurement of the 
pressure drop of the gas stream through the control equipment. The 
monitoring device is to be certified by the manufacturer to be accurate 
to within a gage pressure of 500 Pascals (2 inches water gage pressure).
    (ii) A monitoring device for the continuous measurement of the 
scrubbing liquid flow rate. The monitoring device used for continuous 
measurement of the scrubbing liquid flow rate must be certified by the 
manufacturer to be accurate within 5 percent of 
the design scrubbing liquid flow rate.
    (iii) As an alternative to pressure drop measurement under paragraph 
(b)(2)(i) of this section, a monitoring device for measurement of fan 
amperage or revolutions per minute (RPM) may be used for smelt 
dissolving tank dynamic scrubbers that operate at ambient pressure or 
for low-energy entrainment scrubbers where the fan speed does not vary.
    (iv) As an alternative to scrubbing liquid flow rate measurement 
under paragraph (b)(2)(ii) of this section, a monitoring device for 
measurement of scrubbing liquid supply pressure may be used. The 
monitoring device is to be certified by the manufacturer to be accurate 
within 15 percent of design scrubbing liquid 
supply pressure. The pressure sensor or tap is to be located close to 
the scrubber liquid discharge point. The Administrator may be consulted 
for approval of alternative locations.
    (3) For any recovery furnace or lime kiln using an ESP emission 
control device, the owner or operator must use the continuous parameter 
monitoring devices specified in paragraphs (b)(3)(i) and (ii) of this 
section.
    (i) A monitoring device for the continuous measurement of the 
secondary voltage of each ESP collection field.
    (ii) A monitoring device for the continuous measurement of the 
secondary current of each ESP collection field.
    (iii) Total secondary power may be calculated as the product of the 
secondary voltage and secondary current measurements for each ESP 
collection field and used to demonstrate compliance as an alternative to 
the secondary voltage and secondary current measurements.
    (4) For any recovery furnace or lime kiln using an ESP followed by a 
wet scrubber, the owner or operator must use the continuous parameter 
monitoring devices specified in paragraphs (b)(2) and (3) of this 
section. The opacity monitoring system specified in paragraph (a)(1) of 
this section is not required for combination ESP/wet scrubber control 
device systems.
    (c) Monitor operation and calculations. Any owner or operator 
subject to the provisions of this subpart must follow the procedures for 
collecting and reducing monitoring data and setting operating limits in 
paragraphs (c)(1) through (6) of this section. Subpart A of this part 
specifies methods for reducing continuous opacity monitoring system 
data.
    (1) Any owner or operator subject to the provisions of this subpart 
must, except where the provisions of Sec.  60.283a(a)(1)(iii) or (iv) 
apply, perform the following:
    (i) Calculate and record on a daily basis 12-hour average TRS 
concentrations for the two consecutive periods of each operating day. 
Each 12-hour average must be determined as the arithmetic mean of the 
appropriate 12 contiguous 1-hour average TRS concentrations provided by 
each continuous monitoring system installed under paragraph (a)(2) of 
this section.
    (ii) Calculate and record on a daily basis 12-hour average oxygen 
concentrations for the two consecutive periods of each operating day for 
the recovery furnace and lime kiln. These 12- hour averages must 
correspond to the 12-hour average TRS concentrations under paragraph 
(c)(1)(i) of this section and must be determined as an arithmetic mean 
of the appropriate 12 contiguous 1-hour average oxygen concentrations 
provided by each continuous monitoring system installed under paragraph 
(a)(2) of this section.
    (iii) Using the following equation, correct all 12-hour average TRS 
concentrations to 10 volume percent oxygen, except that all 12-hour 
average TRS concentrations from a recovery furnace must be corrected to 
8 volume percent oxygen instead of 10 percent,

[[Page 510]]

and all 12-hour average TRS concentrations from a facility to which the 
provisions of Sec.  60.283a(a)(1)(v) apply must not be corrected for 
oxygen content:

Ccorr = Cmeas x (21-X/21-Y)

Where:

Ccorr = the concentration corrected for oxygen.
Cmeas = the 12-hour average of the measured concentrations 
          uncorrected for oxygen.
X = the volumetric oxygen concentration in percentage to be corrected to 
          (8 percent for recovery furnaces and 10 percent for lime 
          kilns, incinerators, or other devices).
Y = the 12-hour average of the measured volumetric oxygen concentration.

    (2) Record at least once each successive 5-minute period all 
measurements obtained from the continuous monitoring devices installed 
under paragraph (b)(1) of this section. Calculate 3-hour block averages 
from the recorded measurements of incinerator temperature. Temperature 
measurements recorded when no TRS emissions are fired in the incinerator 
(e.g., during incinerator warm-up and cool-down periods when no TRS 
emissions are generated or an alternative control device is used) may be 
omitted from the block average calculation.
    (3) Record at least once each successive 15-minute period all 
measurements obtained from the continuous monitoring devices installed 
under paragraph (b)(2) through (4) of this section and reduce the data 
as follows:
    (i) Calculate 12-hour block averages from the recorded measurements 
of wet scrubber pressure drop (or smelt dissolving tank scrubber fan 
amperage or RPM) and liquid flow rate (or liquid supply pressure), as 
applicable.
    (ii) Calculate semiannual averages from the recorded measurements of 
ESP parameters (secondary voltage and secondary current, or total 
secondary power) for ESP-controlled recovery furnaces or lime kilns that 
measure opacity in addition to ESP parameters.
    (iii) Calculate 12-hour block averages from the recorded 
measurements of ESP parameters (secondary voltage and secondary current, 
or total secondary power) for recovery furnaces or lime kilns with 
combination ESP/wet scrubber controls.
    (4) During the initial performance test required in Sec.  60.285a, 
the owner or operator must establish site-specific operating limits for 
the monitoring parameters in paragraphs (b)(2) through (4) of this 
section by continuously monitoring the parameters and determining the 
arithmetic average value of each parameter during the performance test. 
The arithmetic average of the measured values for the three test runs 
establishes your minimum site-specific operating limit for each wet 
scrubber or ESP parameter (except for smelt dissolving tank scrubber fan 
amperage or RPM). For smelt dissolving tank scrubber fan amperage, set 
the minimum operating limit using one of the methods in paragraphs 
(c)(4)(i) or (ii) of this section. For smelt dissolving tank scrubber 
RPM, the minimum RPM must be set as specified in paragraph (c)(4)(iii) 
of this section. Multiple performance tests may be conducted to 
establish a range of parameter values. The owner or operator may 
establish replacement operating limits for the monitoring parameters 
during subsequent performance tests using the test methods in Sec.  
60.285a.
    (i) The minimum fan amperage operating limit must be set as the 
midpoint between the lowest of the 1-hour average fan amperage values 
associated with each test run demonstrating compliance with the 
applicable emission limit in Sec.  60.282a and the no-load amperage 
value. The no-load amperage value must be determined using manufacturers 
specifications, or by performing a no-load test of the fan motor for 
each smelt dissolving tank scrubber; or
    (ii) The minimum percent full load amperage (PFLA) to the fan motor 
must be set as the percent of full load amperage under no-load, plus 10 
percent. The PFLA is calculated by dividing the no-load amperage value 
by the highest of the 1-hour average fan amperage values associated with 
each test run demonstrating compliance with the applicable emission 
limit in Sec.  60.282a multiplied by 100 and then adding 10 percent. The 
no-load amperage value must be determined using manufacturers 
specifications, or by performing a no-load test of the fan motor

[[Page 511]]

for each smelt dissolving tank scrubber.
    (iii) The minimum RPM must be set as 5 percent lower than the lowest 
1-hour average RPM associated with each test run demonstrating 
compliance with the applicable emission limit.
    (5) You must operate the continuous monitoring systems required in 
paragraphs (a) and (b) of this section to collect data at all required 
intervals at all times the affected facility is operating except for 
periods of monitoring system malfunctions or out-of-control periods, 
repairs associated with monitoring system malfunctions or out-of-control 
periods, and required monitoring system quality assurance or quality 
control activities including, as applicable, calibration checks and 
required zero and span adjustments.
    (6) You may not use data recorded during monitoring system 
malfunctions or out-of-control periods, repairs associated with 
monitoring system malfunctions or out-of-control periods, or required 
monitoring system quality assurance or control activities in 
calculations used to report emissions or operating limits. You must use 
all the data collected during all other periods in assessing the 
operation of the control device and associated control system.
    (7) Except for periods of monitoring system malfunctions, repairs 
associated with monitoring system malfunctions, and required quality 
monitoring system quality assurance or quality control activities 
(including, as applicable, system accuracy audits and required zero and 
span adjustments), failure to collect required data is a deviation of 
the monitoring requirements.
    (d) Excess emissions are defined for this subpart as follows:
    (1) For emissions from any recovery furnace, periods of excess 
emissions are:
    (i) All 12-hour averages of TRS concentrations above 5 ppm by volume 
at 8-percent oxygen for straight kraft recovery furnaces and above 25 
ppm by volume at 8-percent oxygen for cross recovery furnaces during 
times when BLS is fired.
    (ii) All 6-minute average opacities that exceed 20 percent during 
times when BLS is fired.
    (2) For emissions from any lime kiln, periods of excess emissions 
are:
    (i) All 12-hour average TRS concentrations above 8 ppm by volume at 
10-percent oxygen during times when lime mud is fired.
    (ii) All 6-minute average opacities that exceed 20 percent during 
times when lime mud is fired.
    (3) For emissions from any digester system, brown stock washer 
system, multiple-effect evaporator system, or condensate stripper 
system, periods of excess emissions are:
    (i) All 12-hour average TRS concentrations above 5 ppm by volume at 
10-percent oxygen unless the provisions of Sec.  60.283a(a)(1)(i), (ii), 
or (iv) apply; or
    (ii) All 3-hour block averages during which the combustion 
temperature at the point of incineration is less than 650 [deg]C (1200 
14 [deg]F), where the provisions of Sec.  60.283a(a)(1)(iii) apply and 
an incinerator is used as the combustion device.
    (iii) All times when gases are not routed through the closed-vent 
system to one of the control devices specified in Sec.  60.283a(a)(1)(i) 
through (iii) and (v).
    (4) For any recovery furnace, lime kiln, or smelt dissolving tank 
controlled with a wet scrubber emission control device that complies 
with the parameter monitoring requirements specified in Sec.  
60.284a(b)(2), periods of excess emissions are:
    (i) All 12-hour block average scrubbing liquid flow rate (or 
scrubbing liquid supply pressure) measurements below the minimum site-
specific limit established during performance testing during times when 
BLS or lime mud is fired (as applicable), and
    (ii) All 12-hour block average scrubber pressure drop (or fan 
amperage or RPM, if used as an alternative under paragraph (b)(2)(iii) 
of this section) measurements below the minimum site-specific limit 
established during performance testing during times when BLS or lime mud 
is fired (as applicable), except during startup and shutdown.
    (5) For any recovery furnace or lime kiln controlled with an ESP 
followed by a wet scrubber that complies with

[[Page 512]]

the parameter monitoring requirements specified in Sec.  60.284a(b)(4), 
periods of excess emissions are:
    (i) All 12-hour block average scrubbing liquid flow rate (or 
scrubbing liquid supply pressure) measurements below the minimum site-
specific limit established during performance testing during times when 
BLS or lime mud is fired (as applicable), and
    (ii) All 12-hour block average scrubber pressure drop measurements 
below the minimum site-specific limit established during performance 
testing during times when BLS or lime mud is fired (as applicable) 
except during startup and shutdown,
    (iii) All 12-hour block average ESP secondary voltage measurements 
below the minimum site-specific limit established during performance 
testing during times when BLS or lime mud is fired (as applicable) 
including startup and shutdown.
    (iv) All 12-hour block average ESP secondary current measurements 
(or total secondary power values) below the minimum site-specific limit 
established during performance testing during times when BLS or lime mud 
is fired (as applicable) except during startup and shutdown.
    (e) The Administrator will not consider periods of excess emissions 
reported under Sec.  60.288a(a) to be indicative of a violation of the 
standards provided the criteria in paragraphs (e)(1) and (2) of this 
section are met.
    (1) The percent of the total number of possible contiguous periods 
of excess emissions in the semiannual reporting period does not exceed:
    (i) One percent for TRS emissions from straight recovery furnaces, 
provided that the 12-hour average TRS concentration does not exceed 30 
ppm corrected to 8-percent oxygen.
    (ii) Two percent for average opacities from recovery furnaces, 
provided that the ESP secondary voltage and secondary current (or total 
secondary power) averaged over the semiannual period remained above the 
minimum operating limits established during the performance test.
    (iii) One percent for TRS emissions from lime kilns, provided that 
the 12-hour average TRS concentration does not exceed 22 ppm corrected 
to 10-percent oxygen.
    (iv) One percent for average opacities from lime kilns, provided 
that the ESP secondary voltage and secondary current (or total secondary 
power) averaged over the semiannual period remained above the minimum 
operating limits established during the performance test.
    (v) One percent for TRS emissions from cross recovery furnaces, 
provided that the 12-hour average TRS concentration does not exceed 50 
ppm corrected to 8-percent oxygen.
    (vi) For closed-vent systems delivering gases to one of the control 
devices specified in Sec.  60.283a(a)(1)(i) through (iii) and (v), the 
time of excess emissions divided by the total process operating time in 
the semiannual reporting period does not exceed:
    (A) One percent for LVHC closed-vent systems; or
    (B) Four percent for HVLC closed-vent systems or for HVLC and LVHC 
closed-vent systems combined.
    (2) The Administrator determines that the affected facility, 
including air pollution control equipment, is maintained and operated in 
a manner which is consistent with good air pollution control practice 
for minimizing emissions during periods of excess emissions.
    (3) The 12-hour average TRS concentration uncorrected for oxygen may 
be considered when determining compliance with the excess emission 
provisions in paragraphs (e)(1)(i) and (iii) of this section during 
periods of startup or shutdown when the 12-hour average stack oxygen 
percentage approaches ambient conditions. If the 12-hour average TRS 
concentration uncorrected for oxygen is less than the applicable limit 
(5 ppm for recovery furnaces or 8 ppm for lime kilns) during periods of 
startup or shutdown when the 12-hour average stack oxygen concentration 
is 15 percent or greater, then the Administrator will consider the TRS 
average to be in compliance. This provision only applies during periods 
of affected facility startup and shutdown.
    (f) The procedures under Sec.  60.13 must be followed for 
installation, evaluation, and operation of the continuous monitoring 
systems required under

[[Page 513]]

this section. All continuous monitoring systems must be operated in 
accordance with the applicable procedures under Performance 
Specifications 1, 3, and 5 of appendix B of this part.

[79 FR 18966, Apr. 4, 2014, as amended at 85 FR 70492, Nov. 5, 2020]



Sec.  60.285a  Test methods and procedures.

    (a) In conducting the performance tests required by this subpart and 
Sec.  60.8, the owner or operator must use as reference methods and 
procedures the test methods in appendix A of this part or other methods 
and procedures in this section, except as provided in Sec.  60.8(b). 
Acceptable alternative methods and procedures are given in paragraph (f) 
of this section. Section 60.8(c) must be read as follows for purposes of 
this subpart: Performance tests shall be conducted under such conditions 
as the Administrator shall specify to the plant operator based on 
representative performance of the affected facility. The owner or 
operator shall make available to the Administrator such records as may 
be necessary to determine the conditions of the performance tests. 
Operations during periods of startup, shutdown and malfunction shall not 
constitute representative conditions for the purpose of a performance 
test.
    (b) The owner or operator must determine compliance with the 
filterable particulate matter standards in Sec.  60.282a(a)(1), (2), (5) 
and (6) as follows:
    (1) Method 5 of appendix A-3 of this part must be used to determine 
the filterable particulate matter concentration. The sampling time and 
sample volume for each run must be at least 60 minutes and 0.90 dscm 
(31.8 dscf). Water must be used as the cleanup solvent instead of 
acetone in the sample recovery procedure. The particulate concentration 
must be corrected to the appropriate oxygen concentration according to 
Sec.  60.284a(c)(1)(iii).
    (2) The emission rate correction factor, integrated sampling and 
analysis procedure of Method 3B of appendix A-2 of this part must be 
used to determine the oxygen concentration. The gas sample must be taken 
at the same time and at the same traverse points as the particulate 
sample.
    (3) Method 9 of appendix A-4 of this part and the procedures in 
Sec.  60.11 must be used to determine opacity. Opacity measurement is 
not required for recovery furnaces or lime kilns operating with a wet 
scrubber alone or a wet scrubber in combination with an ESP.
    (4) In addition to the initial performance test required by this 
subpart and Sec.  60.8(a), you must conduct repeat performance tests for 
filterable particulate matter at intervals no longer than 5 years 
following the previous performance test using the procedures in 
paragraphs (b)(1) and (2) of this section.
    (5) When the initial and repeat performance tests are conducted for 
filterable particulate matter, the owner or operator must also measure 
condensable particulate matter using Method 202 of appendix M of 40 CFR 
part 51.
    (c) The owner or operator must determine compliance with the 
filterable particular matter standards in Sec.  60.282a(a)(3) and (4) as 
follows:
    (1) The emission rate (E) of filterable particulate matter must be 
computed for each run using the following equation:

E = csQsd/BLS

Where:

E = emission rate of filterable particulate matter, g/kg (lb/ton) of 
          BLS.
cs = Concentration of filterable particulate matter, g/dscm 
          (lb/dscf).
Qsd = volumetric flow rate of effluent gas, dry standard 
          cubic meter per hour (dscm/hr) (dry standard cubic feet per 
          hour (dscf/hr)).
BLS = black liquor solids (dry weight) feed rate, kg/hr (ton/hr).

    (2) Method 5 of appendix A-3 of this part must be used to determine 
the filterable particulate matter concentration (cs) and the 
volumetric flow rate (Qsd) of the effluent gas. The sampling 
time and sample volume must be at least 60 minutes and 0.90 dscm (31.8 
dscf). Water must be used instead of acetone in the sample recovery.
    (3) Process data must be used to determine the black liquor solids 
(BLS) feed rate on a dry weight basis.
    (4) In addition to the initial performance test required by this 
subpart and Sec.  60.8(a), you must conduct repeat performance tests for 
filterable particulate matter at intervals no longer than

[[Page 514]]

5 years following the previous performance test using the procedures in 
paragraphs (c)(1) through (3) of this section.
    (5) When the initial and repeat performance tests are conducted for 
filterable particulate matter, the owner or operator must also measure 
condensable particulate matter using Method 202 of appendix M of 40 CFR 
part 51.
    (d) The owner or operator must determine compliance with the TRS 
standards in Sec.  60.283a, except Sec.  60.283a(a)(1)(vi) and (4), as 
follows:
    (1) Method 16 of appendix A-6 of this part must be used to determine 
the TRS concentration. The TRS concentration must be corrected to the 
appropriate oxygen concentration using the procedure in Sec.  
60.284a(c)(1)(iii). The sampling time must be at least 3 hours, but no 
longer than 6 hours.
    (2) The emission rate correction factor, integrated sampling and 
analysis procedure of Method 3B of appendix A-2 of this part must be 
used to determine the oxygen concentration. The sample must be taken 
over the same time period as the TRS samples.
    (3) When determining whether a furnace is a straight kraft recovery 
furnace or a cross recovery furnace, TAPPI Method T 624 (incorporated by 
reference--see Sec.  60.17) must be used to determine sodium sulfide, 
sodium hydroxide, and sodium carbonate. These determinations must be 
made 3 times daily from the green liquor, and the daily average values 
must be converted to sodium oxide (Na20) and substituted into 
the following equation to determine the green liquor sulfidity:

GLS = 100CNa2S / 
(CNa2SCNaOH 
CNa2CO3)

Where:

GLS = green liquor sulfidity, percent.
CNa2S = concentration of Na2S as 
          Na2O, milligrams per liter (mg/L) (grains per 
          gallon (gr/gal)).
CNaOH = concentration of NaOH as Na2O, mg/L (gr/
          gal).
CNa2CO3 = concentration of 
          Na2CO3 as Na2O, mg/L (gr/
          gal).

    (4) For recovery furnaces and lime kilns, in addition to the initial 
performance test required in this subpart and Sec.  60.8(a), you must 
conduct repeat TRS performance tests at intervals no longer than 5 years 
following the previous performance test using the procedures in 
paragraphs (d)(1) and (2) of this section.
    (e) The owner or operator must determine compliance with the TRS 
standards in Sec.  60.283a(a)(1)(vi) and (4) as follows:
    (1) The emission rate (E) of TRS must be computed for each run using 
the following equation:

E = CTRS F Qsd/P

Where:

E = emission rate of TRS, g/kg (lb/ton) of BLS or ADP.
CTRS = average combined concentration of TRS, ppm.
F = conversion factor, 0.001417 g H2S/cubic meter (m\3\)-ppm 
          (8.846 x 10\-8\ lb H2S/cubic foot (ft\3\)-ppm).
Qsd = volumetric flow rate of stack gas, dscm/hr (dscf/hr).
P = black liquor solids feed or pulp production rate, kg/hr (ton/hr).

    (2) Method 16 of appendix A-6 of this part must be used to determine 
the TRS concentration (CTRS).
    (3) Method 2 of appendix A-1 of this part must be used to determine 
the volumetric flow rate (Qsd) of the effluent gas.
    (4) Process data must be used to determine the black liquor feed 
rate or the pulp production rate (P).
    (5) For smelt dissolving tanks, in addition to the initial 
performance test required in this subpart and Sec.  60.8(a), you must 
conduct repeat TRS performance tests at intervals no longer than 5 years 
following the previous performance test using the procedures in 
paragraphs (e)(1) through (4) of this section.
    (f) The owner or operator may use the following as alternatives to 
the reference methods and procedures specified in this section:
    (1) In place of Method 5 of appendix A-3 of this part, Method 17 of 
appendix A-6 of this part may be used if a constant value of 0.009 g/
dscm (0.004 gr/dscf) is added to the results of Method 17 and the stack 
temperature is no greater than 204 [deg]C (400 [deg]F).
    (2) In place of Method 16 of appendix A-6 of this part, Method 16A, 
16B, or 16C of appendix A-6 of this part may be used.
    (3) In place of Method 3B of appendix A-2 of this part, ASME PTC 
19.10-1981

[[Page 515]]

(incorporated by reference--see Sec.  60.17) may be used.

[79 FR 18966, Apr. 4, 2014, as amended at 85 FR 70493, Nov. 5, 2020]



Sec.  60.286a  Affirmative defense for violations of emission 
standards during malfunction.

    In response to an action to enforce the standards set forth in 
Sec. Sec.  60.282a and 60.283a, you may assert an affirmative defense to 
a claim for civil penalties for violations of such standards that are 
caused by malfunction, as defined at Sec.  60.2. Appropriate penalties 
may be assessed if you fail to meet your burden of proving all of the 
requirements in the affirmative defense. The affirmative defense must 
not be available for claims for injunctive relief.
    (a) Assertion of affirmative defense. To establish the affirmative 
defense in any action to enforce such a standard, you must timely meet 
the reporting requirements in paragraph (b) of this section, and must 
prove by a preponderance of evidence that:
    (1) The violation:
    (i) Was caused by a sudden, infrequent, and unavoidable failure of 
air pollution control equipment, process equipment, or a process to 
operate in a normal or usual manner; and
    (ii) Could not have been prevented through careful planning, proper 
design or better operation and maintenance practices; and
    (iii) Did not stem from any activity or event that could have been 
foreseen and avoided, or planned for; and
    (iv) Was not part of a recurring pattern indicative of inadequate 
design, operation, or maintenance; and
    (2) Repairs were made as expeditiously as possible when a violation 
occurred; and
    (3) The frequency, amount, and duration of the violation (including 
any bypass) were minimized to the maximum extent practicable; and
    (4) If the violation resulted from a bypass of control equipment or 
a process, then the bypass was unavoidable to prevent loss of life, 
personal injury, or severe property damage; and
    (5) All possible steps were taken to minimize the impact of the 
violation on ambient air quality, the environment, and human health; and
    (6) All emission monitoring and control systems were kept in 
operation if at all possible, consistent with safety and good air 
pollution control practices; and
    (7) All of the actions in response to the violation were documented 
by properly signed, contemporaneous operating logs; and
    (8) At all times, the affected source was operated in a manner 
consistent with good practices for minimizing emissions; and
    (9) A written root cause analysis has been prepared, the purpose of 
which is to determine, correct, and eliminate the primary causes of the 
malfunction and the violation resulting from the malfunction event at 
issue. The analysis must also specify, using best monitoring methods and 
engineering judgment, the amount of any emissions that were the result 
of the malfunction.
    (b) Report. The owner or operator seeking to assert an affirmative 
defense must submit a written report to the Administrator with all 
necessary supporting documentation that explains how it has met the 
requirements set forth in paragraph (a) of this section. This 
affirmative defense report must be included in the first periodic 
compliance, deviation report or excess emission report otherwise 
required after the initial occurrence of the violation of the relevant 
standard (which may be the end of any applicable averaging period). If 
such compliance, deviation report or excess emission report is due less 
than 45 days after the initial occurrence of the violation, the 
affirmative defense report may be included in the second compliance, 
deviation report or excess emission report due after the initial 
occurrence of the violation of the relevant standard.



Sec.  60.287a  Recordkeeping.

    (a) The owner or operator must maintain records of the performance 
evaluations of the continuous monitoring systems.
    (b) For each continuous monitoring system, the owner or operator 
must maintain records of the following information, as applicable:
    (1) Records of the opacity of the gases discharged into the 
atmosphere

[[Page 516]]

from any recovery furnace or lime kiln using an ESP emission control 
device, except as specified in paragraph (b)(6) of this section, and 
records of the ESP secondary voltage and secondary current (or total 
secondary power) averaged over the reporting period for the opacity 
allowances specified in Sec.  60.284a(e)(1)(ii) and (iv).
    (2) Records of the concentration of TRS emissions on a dry basis and 
the percent of oxygen by volume on a dry basis in the gases discharged 
into the atmosphere from any lime kiln, recovery furnace, digester 
system, brown stock washer system, multiple-effect evaporator system, or 
condensate stripper system, except where the provisions of Sec.  
60.283a(a)(1)(iii) or (iv) apply.
    (3) Records of the incinerator combustion temperature at the point 
of incineration of effluent gases which are emitted from any digester 
system, brown stock washer system, multiple effect evaporator system, or 
condensate stripper system where the provisions of Sec.  
60.283a(a)(1)(iii) apply and an incinerator is used as the combustion 
device.
    (4) For any recovery furnace, lime kiln, or smelt dissolving tank 
using a wet scrubber emission control device:
    (i) Records of the pressure drop of the gas stream through the 
control equipment (or smelt dissolving tank scrubber fan amperage or 
RPM), and
    (ii) Records of the scrubbing liquid flow rate (or scrubbing liquid 
supply pressure).
    (5) For any recovery furnace or lime kiln using an ESP control 
device:
    (i) Records of the secondary voltage of each ESP collection field, 
and
    (ii) Records of the secondary current of each ESP collection field, 
and
    (iii) If used as an alternative to secondary voltage and current, 
records of the total secondary power of each ESP collection field.
    (6) For any recovery furnace or lime kiln using an ESP followed by a 
wet scrubber, the records specified under paragraphs (b)(4) and (5) of 
this section.
    (7) Records of excess emissions as defined in Sec.  60.284a(d).
    (c) For each malfunction, the owner or operator must maintain 
records of the following information:
    (1) Records of the occurrence and duration of each malfunction of 
operation (i.e., process equipment) or the air pollution control and 
monitoring equipment.
    (2) Records of actions taken during periods of malfunction to 
minimize emissions in accordance with Sec.  60.11(d), including 
corrective actions to restore malfunctioning process and air pollution 
control and monitoring equipment to its normal or usual manner of 
operation.

[79 FR 18966, Apr. 4, 2014, as amended at 85 FR 70493, Nov. 5, 2020]



Sec.  60.288a  Reporting.

    (a) For the purpose of reports required under Sec.  60.7(c), any 
owner or operator subject to the provisions of this subpart must report 
semiannually periods of excess emissions defined in Sec.  60.284a(d).
    (b) Within 60 days after the date of completing each performance 
test (defined in Sec.  60.8) as required by this subpart you must submit 
the results of the performance tests, including any associated fuel 
analyses, required by this subpart to the EPA as follows. You must use 
the latest version of the EPA's Electronic Reporting Tool (ERT) (see 
http://www.epa.gov/ttn/chief /ert/index.html) existing at the time of 
the performance test to generate a submission package file, which 
documents performance test data. You must then submit the file generated 
by the ERT through the EPA's Compliance and Emissions Data Reporting 
Interface (CEDRI), which can be accessed by logging in to the EPA's 
Central Data Exchange (CDX) (https://cdx.epa.gov/). Only data collected 
using test methods supported by the ERT as listed on the ERT Web site 
are subject to the requirement to submit the performance test data 
electronically. 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, flash drive, or other 
commonly used electronic storage media to the EPA. The electronic media 
must be clearly marked as CBI and mailed to U.S. EPA/OAPQS/CORE CBI 
Office, Attention:

[[Page 517]]

WebFIRE Administrator, MD C404-02, 4930 Old Page Rd., Durham, NC 27703. 
The same ERT file with the CBI omitted must be submitted to the EPA via 
CDX as described earlier in this paragraph (b). At the discretion of the 
delegated authority, you must also submit these reports, including the 
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 must submit 
the results of the performance test to the Administrator at the 
appropriate address listed in Sec.  60.4.
    (c) Within 60 days after the date of completing each CEMS 
performance evaluation test as defined in Sec.  60.13, you must submit 
relative accuracy test audit (RATA) data to the EPA's Central Data 
Exchange (CDX) by using CEDRI in accordance with paragraph (b) of this 
section. Only RATA pollutants that can be documented with the ERT (as 
listed on the ERT Web site) are subject to this requirement. For any 
performance evaluations with no corresponding RATA pollutants listed on 
the ERT Web site, the owner or operator must submit the results of the 
performance evaluation to the Administrator at the appropriate address 
listed in Sec.  60.4.
    (d) If a malfunction occurred during the reporting period, you must 
submit a report that contains the following:
    (1) The number, duration, and a brief description for each type of 
malfunction which occurred during the reporting period and which caused 
or may have caused any applicable emission limitation to be exceeded.
    (2) A description of actions taken by an owner or operator during a 
malfunction of an affected facility to minimize emissions in accordance 
with Sec.  60.11(d), including actions taken to correct a malfunction.



   Subpart CC_Standards of Performance for Glass Manufacturing Plants



Sec.  60.290  Applicability and designation of affected facility.

    (a) Each glass melting furnace is an affected facility to which the 
provisions of this subpart apply.
    (b) Any facility under paragraph (a) of this section that commences 
construction or modification after June 15, 1979, is subject to the 
requirements of this subpart.
    (c) This subpart does not apply to hand glass melting furnaces, 
glass melting furnaces designed to produce less than 4.55 Mg (5 tons) of 
glass per day and all-electric melters.

[45 FR 66751, Oct. 7, 1980, as amended at 65 FR 61759, Oct. 17, 2000]



Sec.  60.291  Definitions.

    As used in this subpart, all terms not defined herein shall have the 
meaning given them in the Act and in subpart A of this part, unless 
otherwise required by the context.
    All-electric melter means a glass melting furnace in which all the 
heat required for melting is provided by electric current from 
electrodes submerged in the molten glass, although some fossil fuel may 
be charged to the furnace as raw material only.
    Borosilicate recipe means glass product composition of the following 
approximate ranges of weight proportions: 60 to 80 percent silicon 
dioxide, 4 to 10 percent total R2O (e.g., Na2O and 
K2O), 5 to 35 percent boric oxides, and 0 to 13 percent other 
oxides.
    Container glass means glass made of soda-lime recipe, clear or 
colored, which is pressed and/or blown into bottles, jars, ampoules, and 
other products listed in Standard Industrial Classification 3221 (SIC 
3221).
    Experimental furnace means a glass melting furnace with the sole 
purpose of operating to evaluate glass melting processes, technologies, 
or glass products. An experimental furnace does not produce glass that 
is sold (except for further research and development purposes) or that 
is used as a raw material for nonexperimental furnaces.
    Flat glass means glass made of soda-lime recipe and produced into 
continuous flat sheets and other products listed in SIC 3211.
    Flow channels means appendages used for conditioning and 
distributing molten glass to forming apparatuses and are a permanently 
separate source of emissions such that no mixing of emissions occurs 
with emissions from the

[[Page 518]]

melter cooling system prior to their being vented to the atmosphere.
    Glass melting furnace means a unit comprising a refractory vessel in 
which raw materials are charged, melted at high temperature, refined, 
and conditioned to produce molten glass. The unit includes foundations, 
superstructure and retaining walls, raw material charger systems, heat 
exchangers, melter cooling system, exhaust system, refractory brick 
work, fuel supply and electrical boosting equipment, integral control 
systems and instrumentation, and appendages for conditioning and 
distributing molten glass to forming apparatuses. The forming 
apparatuses, including the float bath used in flat glass manufacturing 
and flow channels in wool fiberglass and textile fiberglass 
manufacturing, are not considered part of the glass melting furnace.
    Glass produced means the weight of the glass pulled from the glass 
melting furnace.
    Hand glass melting furnace means a glass melting furnace where the 
molten glass is removed from the furnace by a glassworker using a 
blowpipe or a pontil.
    Lead recipe means glass product composition of the following ranges 
of weight proportions: 50 to 60 percent silicon dioxide, 18 to 35 
percent lead oxides, 5 to 20 percent total R2O (e.g., 
Na2O and K2O), 0 to 8 percent total 
R2O3 (e.g., Al2O3), 0 to 15 
percent total RO (e.g., CaO, MgO), other than lead oxide, and 5 to 10 
percent other oxides.
    Pressed and blown glass means glass which is pressed, blown, or 
both, including textile fiberglass, noncontinuous flat glass, 
noncontainer glass, and other products listed in SIC 3229. It is 
separated into:
    (1) Glass of borosilicate recipe.
    (2) Glass of soda-lime and lead recipes.
    (3) Glass of opal, fluoride, and other recipes.
    Rebricking means cold replacement of damaged or worn refractory 
parts of the glass melting furnace. Rebricking includes replacement of 
the refractories comprising the bottom, sidewalls, or roof of the 
melting vessel; replacement of refractory work in the heat exchanger; 
replacement of refractory portions of the glass conditioning and 
distribution system.
    Soda-lime recipe means glass product composition of the following 
ranges of weight proportions: 60 to 75 percent silicon dioxide, 10 to 17 
percent total R2O (e.g., Na2O and K2O), 
8 to 20 percent total RO but not to include any PbO (e.g., CaO, and 
MgO), 0 to 8 percent total R2O3 (e.g., 
Al2O3), and 1 to 5 percent other oxides.
    Textile fiberglass means fibrous glass in the form of continuous 
strands having uniform thickness.
    With modified-processes means using any technique designed to 
minimize emissions without the use of add-on pollution controls.
    Wool fiberglass means fibrous glass of random texture, including 
fiberglass insulation, and other products listed in SIC 3296.

[45 FR 66751, Oct. 7, 1980, as amended at 49 FR 41035, Oct. 19, 1984; 65 
FR 61759, Oct. 17, 2000]



Sec.  60.292  Standards for particulate matter.

    (a) On and after the date on which the performance test required to 
be conducted by Sec.  60.8 is completed, no owner or operator of a glass 
melting furnace subject to the provisions of this subpart shall cause to 
be discharged into the atmosphere--
    (1) From any glass melting furnace fired exclusively with either a 
gaseous fuel or a liquid fuel, particulate matter at emission rates 
exceeding those specified in table CC-1, Column 2 and Column 3, 
respectively, or
    (2) From any glass melting furnace, fired simultaneously with 
gaseous and liquid fuels, particulate matter at emission rates exceeding 
STD as specified by the following equation:

STD = X [1.3(Y) + (Z)]

Where:

STD = Particulate matter emission limit, g of particulate/kg (lb of 
          particulate/ton) of glass produced.
X = Emission rate specified in table CC-1 for furnaces fired with 
          gaseous fuel (Column 2).
Y = Decimal fraction of liquid fuel heating value to total (gaseous and 
          liquid) fuel heating value fired in the glass melting furnaces 
          as determined in Sec.  60.296(b). (joules/joules).
Z = (1-Y).


[[Page 519]]


    (b) Conversion of a glass melting furnace to the use of liquid fuel 
is not considered a modification for the purposes of Sec.  60.14.
    (c) Rebricking and the cost of rebricking is not considered a 
reconstruction for the purposes of Sec.  60.15.
    (d) An owner or operator of an experimental furnace is not subject 
to the requirements of this section.
    (e) During routine maintenance of add-on pollution controls, an 
owner or operator of a glass melting furnace subject to the provisions 
of paragraph (a) of this section is exempt from the provisions of 
paragraph (a) of this section if:
    (1) Routine maintenance in each calendar year does not exceed 6 
days;
    (2) Routine maintenance is conducted in a manner consistent with 
good air pollution control practices for minimizing emissions; and
    (3) A report is submitted to the Administrator 10 days before the 
start of the routine maintenance (if 10 days cannot be provided, the 
report must be submitted as soon as practicable) and the report contains 
an explanation of the schedule of the maintenance.

                       Table CC-1--Emission Rates
                 [g of particulate/kg of glass produced]
------------------------------------------------------------------------
                                                   Col. 2--    Col. 3--
                                                    Furnace     Furnace
   Col. 1--Glass manufacturing plant industry     fired with  fired with
                     segment                        gaseous     liquid
                                                     fuel        fuel
------------------------------------------------------------------------
Container glass.................................      0.1         0.13
Pressed and blown glass
  (a) Borosilicate Recipes......................      0.5         0.65
  (b) Soda-Lime and Lead Recipes................      0.1         0.13
  (c) Other-Than Borosilicate, Soda-Lime, and         0.25        0.325
   Lead Recipes (including opal, fluoride, and
   other recipes)...............................
Wool fiberglass.................................      0.25        0.325
Flat glass......................................      0.225       0.225
------------------------------------------------------------------------


[45 FR 66751, Oct. 7, 1980, as amended at 49 FR 41035, Oct. 19, 1984; 54 
FR 6674, Feb. 14, 1989; 65 FR 61759, Oct. 17, 2000]



Sec.  60.293  Standards for particulate matter from glass melting furnace
with modified-processes.

    (a) An owner or operator of a glass melting furnaces with modified-
processes is not subject to the provisions of Sec.  60.292 if the 
affected facility complies with the provisions of this section.
    (b) On and after the date on which the performance test required to 
be conducted by Sec.  60.8 is completed, no owner or operator of a glass 
melting furnace with modified-processes subject to the provisions of 
this subpart shall cause to be discharged into the atmosphere from the 
affected facility:
    (1) Particulate matter at emission rates exceeding 0.5 gram of 
particulate per kilogram of glass produced (g/kg) as measured according 
to paragraph (e) of this section for container glass, flat glass, and 
pressed and blown glass with a soda-lime recipe melting furnaces.
    (2) Particulate matter at emission rates exceeding 1.0 g/kg as 
measured according to paragraph (e) of this section for pressed and 
blown glass with a borosilicate recipe melting furnace.
    (3) Particulate matter at emission rates exceeding 0.5 g/kg as 
measured according to paragraph (e) of this section for textile 
fiberglass and wool fiberglass melting furnaces.
    (c) The owner or operator of an affected facility that is subject to 
emission limits specified under paragraph (b) of this section shall:
    (1) Install, calibrate, maintain, and operate a continuous 
monitoring system for the measurement of the opacity of emissions 
discharged into the atmosphere from the affected facility.
    (2) During the performance test required to be conducted by Sec.  
60.8, conduct continuous opacity monitoring during each test run.
    (3) Calculate 6-minute opacity averages from 24 or more data points 
equally spaced over each 6-minute period during the test runs.
    (4) Determine, based on the 6-minute opacity averages, the opacity 
value corresponding to the 99 percent upper confidence level of a normal 
distribution of average opacity values.
    (5) For the purposes of Sec.  60.7, report to the Administrator as 
excess emissions all of the 6-minute periods during which the average 
opacity, as measured by the continuous monitoring system installed under 
paragraph (c)(1) of this section, exceeds the opacity value 
corresponding to the 99 percent upper confidence level determined under 
paragraph (c)(4) of this section.

[[Page 520]]

    (d)(1) After receipt and consideration of written application, the 
Administrator may approve alternative continuous monitoring systems for 
the measurement of one or more process or operating parameters that is 
or are demonstrated to enable accurate and representative monitoring of 
an emission limit specified in paragraph (b) of this section.
    (2) After the Administrator approves an alternative continuous 
monitoring system for an affected facility, the requirements of 
paragraphs (c) (1) through (5) of this section will not apply for that 
affected facility.
    (e) An owner or operator may redetermine the opacity value 
corresponding to the 99 percent upper confidence level as described in 
paragraph (c)(4) of this section if the owner or operator:
    (1) Conducts continuous opacity monitoring during each test run of a 
performance test that demonstrates compliance with an emission limit of 
paragraph (b) of this section,
    (2) Recalculates the 6-minute opacity averages as described in 
paragraph (c)(3) of this section, and
    (3) Uses the redetermined opacity value corresponding to the 99 
percent upper confidence level for the purposes of paragraph (c)(5) of 
this section.
    (f) Test methods and procedures as specified in Sec.  60.296 shall 
be used to determine compliance with this section except that to 
determine compliance for any glass melting furnace using modified 
processes and fired with either a gaseous fuel or a liquid fuel 
containing less than 0.50 weight percent sulfur, Method 5 shall be used 
with the probe and filter holder heating system in the sampling train 
set to provide a gas temperature of 120 14 [deg]C 
(248 25 [deg]F).

[49 FR 41036, Oct. 19, 1984, as amended at 64 FR 7466, Feb. 12, 1999; 65 
FR 61759, Oct. 17, 2000]



Sec. Sec.  60.294-60.295  [Reserved]



Sec.  60.296  Test methods and procedures.

    (a) If a glass melting furnace with modified processes is changed to 
one without modified processes or if a glass melting furnace without 
modified processes is changed to one with modified processes, the owner 
or operator shall notify the Administrator at least 60 days before the 
change is scheduled to occur.
    (b) When gaseous and liquid fuels are fired simultaneously in a 
glass melting furnace, the owner or operator shall determine the 
applicable standard under Sec.  60.292(a)(2) as follows:
    (1) The ratio (Y) of liquid fuel heating value to total (gaseous and 
liquid) fuel heating value fired in the glass melting furnaces shall be 
computed for each run using the following equation:

Y = (Hl L)/(Hl L + Hg G)

where:

Y = decimal fraction of liquid fuel heating value to total fuel heating 
          value.
Hl = gross calorific value of liquid fuel, J/kg.
Hg = gross calorific value of gaseous fuel, J/kg.
L = liquid flow rate, kg/hr.
G = gaseous flow rate, kg/hr.

    (2) Suitable methods shall be used to determine the rates (L and G) 
of fuels burned during each test period and a material balance over the 
glass melting furnace shall be used to confirm the rates.
    (3) ASTM Method D240-76 or 92 (liquid fuels) and D1826-77 or 94 
(gaseous fuels) (incorporated by reference--see Sec.  60.17), as 
applicable, shall be used to determine the gross calorific values.
    (c) In conducting the performance tests required in Sec.  60.8, the 
owner or operator shall use as reference methods and procedures the test 
methods in appendix A of this part or other methods and procedures as 
specified in this section, except as provided in Sec.  60.8(b).
    (d) The owner or operator shall determine compliance with the 
particulate matter standards in Sec. Sec.  60.292 and 60.293 as follows:
    (1) The emission rate (E) of particulate matter shall be computed 
for each run using the following equation:

E = (cs Qsd-A)/P

where:

E = emission rate of particulate matter, g/kg.
cs = concentration of particulate matter, g/dsm.
Qsd = volumetric flow rate, dscm/hr.
A = zero production rate correction
 = 227 g/hr for container glass, pressed and blown (soda-lime and lead) 
          glass, and

[[Page 521]]

          pressed and blown (other than borosilicate, soda-lime, and 
          lead) glass.
 = 454 g/hr for pressed and blown (borosilicate) glass, wool fiberglass, 
          and flat glass.
P = glass production rate, kg/hr.

    (2) Method 5 shall be used to determine the particulate matter 
concentration (cs) and volumetric flow rate (Qsd) 
of the effluent gas. The sampling time and sample volume for each run 
shall be at least 60 minutes and 0.90 dscm (31.8 dscf). The probe and 
filter holder heating system may be set to provide a gas temperature no 
greater than 177 14 [deg]C (350 25 [deg]F), except under the conditions specified in 
Sec.  60.293(e).
    (3) Direct measurement or material balance using good engineering 
practice shall be used to determine the amount of glass pulled during 
the performance test. The rate of glass produced is defined as the 
weight of glass pulled from the affected facility during the performance 
test divided by the number of hours taken to perform the performance 
test.
    (4) Method 9 and the procedures in Sec.  60.11 shall be used to 
determine opacity.

[54 FR 6674, Feb. 14, 1989; 54 FR 21344, May 17, 1989, as amended at 65 
FR 61759, Oct. 17, 2000]



         Subpart DD_Standards of Performance for Grain Elevators

    Source: 43 FR 34347, Aug. 3, 1978, unless otherwise noted.



Sec.  60.300  Applicability and designation of affected facility.

    (a) The provisions of this subpart apply to each affected facility 
at any grain terminal elevator or any grain storage elevator, except as 
provided under Sec.  60.304(b). The affected facilities are each truck 
unloading station, truck loading station, barge and ship unloading 
station, barge and ship loading station, railcar loading station, 
railcar unloading station, grain dryer, and all grain handling 
operations.
    (b) Any facility under paragraph (a) of this section which commences 
construction, modification, or reconstruction after August 3, 1978, is 
subject to the requirements of this part.

[43 FR 34347, Aug. 3, 1978, as amended at 52 FR 42434, Nov. 5, 1988]



Sec.  60.301  Definitions.

    As used in this subpart, all terms not defined herein shall have the 
meaning given them in the Act and in subpart A of this part.
    (a) Grain means corn, wheat, sorghum, rice, rye, oats, barley, and 
soybeans.
    (b) Grain elevator means any plant or installation at which grain is 
unloaded, handled, cleaned, dried, stored, or loaded.
    (c) Grain terminal elevator means any grain elevator which has a 
permanent storage capacity of more than 88,100 m\3\ (ca. 2.5 million 
U.S. bushels), except those located at animal food manufacturers, pet 
food manufacturers, cereal manufacturers, breweries, and livestock 
feedlots.
    (d) Permanent storage capacity means grain storage capacity which is 
inside a building, bin, or silo.
    (e) Railcar means railroad hopper car or boxcar.
    (f) Grain storage elevator means any grain elevator located at any 
wheat flour mill, wet corn mill, dry corn mill (human consumption), rice 
mill, or soybean oil extraction plant which has a permanent grain 
storage capacity of 35,200 m\3\ (ca. 1 million bushels).
    (g) Process emission means the particulate matter which is collected 
by a capture system.
    (h) Fugitive emission means the particulate matter which is not 
collected by a capture system and is released directly into the 
atmosphere from an affected facility at a grain elevator.
    (i) Capture system means the equipment such as sheds, hoods, ducts, 
fans, dampers, etc. used to collect particulate matter generated by an 
affected facility at a grain elevator.
    (j) Grain unloading station means that portion of a grain elevator 
where the grain is transferred from a truck, railcar, barge, or ship to 
a receiving hopper.
    (k) Grain loading station means that portion of a grain elevator 
where the grain is transferred from the elevator to a truck, railcar, 
barge, or ship.
    (l) Grain handling operations include bucket elevators or legs 
(excluding legs used to unload barges or ships), scale hoppers and surge 
bins (garners), turn heads, scalpers, cleaners, trippers, and

[[Page 522]]

the headhouse and other such structures.
    (m) Column dryer means any equipment used to reduce the moisture 
content of grain in which the grain flows from the top to the bottom in 
one or more continuous packed columns between two perforated metal 
sheets.
    (n) Rack dryer means any equipment used to reduce the moisture 
content of grain in which the grain flows from the top to the bottom in 
a cascading flow around rows of baffles (racks).
    (o) Unloading leg means a device which includes a bucket-type 
elevator which is used to remove grain from a barge or ship.

[43 FR 34347, Aug. 3, 1978, as amended at 65 FR 61759, Oct. 17, 2000]



Sec.  60.302  Standard for particulate matter.

    (a) On and after the 60th day of achieving the maximum production 
rate at which the affected facility will be operated, but no later than 
180 days after initial startup, no owner or operator subject to the 
provisions of this subpart shall cause to be discharged into the 
atmosphere any gases which exhibit greater than 0 percent opacity from 
any:
    (1) Column dryer with column plate perforation exceeding 2.4 mm 
diameter (ca. 0.094 inch).
    (2) Rack dryer in which exhaust gases pass through a screen filter 
coarser than 50 mesh.
    (b) On and after the date on which the performance test required to 
be conducted by Sec.  60.8 is completed, no owner or operator subject to 
the provisions of this subpart shall cause to be discharged into the 
atmosphere from any affected facility except a grain dryer any process 
emission which:
    (1) Contains particulate matter in excess of 0.023 g/dscm (ca. 0.01 
gr/dscf).
    (2) Exhibits greater than 0 percent opacity.
    (c) On and after the 60th day of achieving the maximum production 
rate at which the affected facility will be operated, but no later than 
180 days after initial startup, no owner or operator subject to the 
provisions of this subpart shall cause to be discharged into the 
atmosphere any fugitive emission from:
    (1) Any individual truck unloading station, railcar unloading 
station, or railcar loading station, which exhibits greater than 5 
percent opacity.
    (2) Any grain handling operation which exhibits greater than 0 
percent opacity.
    (3) Any truck loading station which exhibits greater than 10 percent 
opacity.
    (4) Any barge or ship loading station which exhibits greater than 20 
percent opacity.
    (d) The owner or operator of any barge or ship unloading station 
shall operate as follows:
    (1) The unloading leg shall be enclosed from the top (including the 
receiving hopper) to the center line of the bottom pulley and 
ventilation to a control device shall be maintained on both sides of the 
leg and the grain receiving hopper.
    (2) The total rate of air ventilated shall be at least 32.1 actual 
cubic meters per cubic meter of grain handling capacity (ca. 40 ft\3\/
bu).
    (3) Rather than meet the requirements of paragraphs (d)(1) and (2) 
of this section the owner or operator may use other methods of emission 
control if it is demonstrated to the Administrator's satisfaction that 
they would reduce emissions of particulate matter to the same level or 
less.



Sec.  60.303  Test methods and procedures.

    (a) In conducting the performance tests required in Sec.  60.8, the 
owner or operator shall use as reference methods and procedures the test 
methods in appendix A of this part or other methods and procedures as 
specified in this section, except as provided in Sec.  60.8(b). 
Acceptable alternative methods and procedures are given in paragraph (c) 
of this section.
    (b) The owner or operator shall determine compliance with the 
particulate matter standards in Sec.  60.302 as follows:
    (1) Method 5 shall be used to determine the particulate matter 
concentration and the volumetric flow rate of the effluent gas. The 
sampling time and sample volume for each run shall be at least 60 
minutes and 1.70 dscm (60 dscf). The probe and filter holder shall be 
operated without heaters.

[[Page 523]]

    (2) Method 2 shall be used to determine the ventilation volumetric 
flow rate.
    (3) Method 9 and the procedures in Sec.  60.11 shall be used to 
determine opacity.
    (c) The owner or operator may use the following as alternatives to 
the reference methods and procedures specified in this section:
    (1) For Method 5, Method 17 may be used.

[54 FR 6674, Feb. 14, 1989]



Sec.  60.304  Modifications.

    (a) The factor 6.5 shall be used in place of ``annual asset 
guidelines repair allowance percentage,'' to determine whether a capital 
expenditure as defined by Sec.  60.2 has been made to an existing 
facility.
    (b) The following physical changes or changes in the method of 
operation shall not by themselves be considered a modification of any 
existing facility:
    (1) The addition of gravity loadout spouts to existing grain storage 
or grain transfer bins.
    (2) The installation of automatic grain weighing scales.
    (3) Replacement of motor and drive units driving existing grain 
handling equipment.
    (4) The installation of permanent storage capacity with no increase 
in hourly grain handling capacity.



    Subpart EE_Standards of Performance for Surface Coating of Metal 
                                Furniture

    Source: 47 FR 49287, Oct. 29, 1982, unless otherwise noted.



Sec.  60.310  Applicability and designation of affected facility.

    (a) The affected facility to which the provisions of this subpart 
apply is each metal furniture surface coating operation in which organic 
coatings are applied.
    (b) This subpart applies to each affected facility identified in 
paragraph (a) of this section on which construction, modification, or 
reconstruction is commenced after November 28, 1980.
    (c) Any owner or operator of a metal furniture surface coating 
operation that uses less than 3,842 liters of coating (as applied) per 
year and keeps purchase or inventory records or other data necessary to 
substantiate annual coating usage shall be exempt from all other 
provisions of this subpart. These records shall be maintained at the 
source for a period of at least 2 years.

[47 FR 49287, Oct. 29, 1982, as amended at 50 FR 18248, Apr. 30, 1985]



Sec.  60.311  Definitions and symbols.

    (a) All terms used in this subpart not defined below are given the 
meaning in the Act and in subpart A of this part.
    Bake oven means a device which uses heat to dry or cure coatings.
    Dip coating means a method of applying coatings in which the part is 
submerged in a tank filled with the coatings.
    Electrodeposition (EDP) means a method of applying coatings in which 
the part is submerged in a tank filled with the coatings and in which an 
electrical potential is used to enhance deposition of the coatings on 
the part.
    Electrostatic spray application means a spray application method 
that uses an electrical potential to increase the transfer efficiency of 
the coatings.
    Flash-off area means the portion of a surface coating operation 
between the coating application area and bake oven.
    Flow coating means a method of applying coatings in which the part 
is carried through a chamber containing numerous nozzles which direct 
unatomized streams of coatings from many different angles onto the 
surface of the part.
    Organic coating means any coating used in a surface coating 
operation, including dilution solvents, from which volatile organic 
compound emissions occur during the application or the curing process. 
For the purpose of this regulation, powder coatings are not included in 
this definition.
    Powder coating means any surface coating which is applied as a dry 
powder and is fused into a continuous coating film through the use of 
heat.
    Spray application means a method of applying coatings by atomizing 
and directing the atomized spray toward the part to be coated.

[[Page 524]]

    Surface coating operation means the system on a metal furniture 
surface coating line used to apply and dry or cure an organic coating on 
the surface of the metal furniture part or product. The surface coating 
operation may be a prime coat or a top coat operation and includes the 
coating application station(s), flash-off area, and curing oven.
    Transfer efficiency means the ratio of the amount of coating solids 
deposited onto the surface of a part or product to the total amount of 
coating solids used.
    VOC content means the proportion of a coating that is volatile 
organic compounds (VOC's), expressed as kilograms of VOC's per liter of 
coating solids.
    VOC emissions means the mass of volatile organic compounds (VOC's), 
expressed as kilograms of VOC's per liter of applied coating solids, 
emitted from a metal furniture surface coating operation.
    (b) All symbols used in this subpart not defined below are given the 
meaning in the Act and in subpart A of this part.

Ca = the VOC concentration in each gas stream leaving the 
          control device and entering the atmosphere (parts per million 
          by volume, as carbon)
Cb = the VOC concentration in each gas stream entering the 
          control device (parts per million by volume, as carbon)
Cf = the VOC concentration in each gas stream emitted 
          directly to the atmosphere (parts per million by volume, as 
          carbon)
Dc = density of each coating, as received (kilograms per 
          liter)
Dd = density of each diluent VOC-solvent (kilograms per 
          liter)
Dr = density of VOC-solvent recovered by an emission control 
          device (kilograms per liter)
E = VOC destruction efficiency of the control device (fraction)
F = the proportion of total VOC's emitted by an affected facility that 
          enters the control device (fraction)
G = the volume-weighted average mass of VOC's in coatings consumed in a 
          calendar month per unit volume of coating solids applied 
          (kilograms per liter)
Lc = the volume of each coating consumed, as received 
          (liters)
Ld = the volume of each diluent VOC-solvent added to coatings 
          (liters)
Lr = the volume of VOC-solvent recovered by an emission 
          control device (liters)
Ls = the volume of coating solids consumed (liters)
Md = the mass of diluent VOC-solvent consumed (kilograms)
Mo = the mass of VOC's in coatings consumed, as received 
          (kilograms)
Mr = the mass of VOC's recovered by an emission control 
          device (kilograms)
N = the volume weighted average mass of VOC emissions to the atmosphere 
          per unit volume of coating solids applied (kilograms per 
          liter)
Qa = the volumetric flow rate of each gas stream leaving the 
          control device and entering the atmosphere (dry standard cubic 
          meters per hour)
Qb = the volumetric flow rate of each gas stream entering the 
          control device (dry standard cubic meters per hour)
Qf = the volumetric flow rate of each gas stream emitted 
          directly to the atmosphere (dry standard cubic meters per 
          hour)
R = the overall VOC emission reduction achieved for an affected facility 
          (fraction)
T = the transfer efficiency (fraction)
Vs = the proportion of solids in each coating (or input 
          stream), as received (fraction by volume)
Wo = the proportion of VOC's in each coating (or input 
          stream), as received (fraction by weight)



Sec.  60.312  Standard for volatile organic compounds (VOC).

    (a) On and after the date on which the initial performance test 
required to be conducted by Sec.  60.8(a) is completed, no owner or 
operator subject to the provisions of this subpart shall cause the 
discharge into the atmosphere of VOC emissions from any metal furniture 
surface coating operation in excess of 0.90 kilogram of VOC per liter of 
coating solids applied.



Sec.  60.313  Performance tests and compliance provisions.

    (a) Section 60.8(d) and (f) do not apply to the performance test 
procedures required by this subpart.
    (b) The owner or operator of an affected facility shall conduct an 
initial performance test as required under Sec.  60.8(a) and thereafter 
a performance test each calendar month for each affected facility 
according to the procedures in this section.
    (c) The owner or operator shall use the following procedures for 
determining monthly volume-weighted average emissions of VOC's in 
kilograms per liter of coating solids applied (G).

[[Page 525]]

    (1) An owner or operator shall use the following procedures for any 
affected facility which does not use a capture system and control device 
to comply with the emissions limit specified under Sec.  60.312. The 
owner or operator shall determine the composition of the coatings by 
formulation data supplied by the manufacturer of the coating or by an 
analysis of each coating, as received, using Method 24. The 
Administrator may require the owner or operator who uses formulation 
data supplied by the manufacturer of the coating to determine the VOC 
content of coatings using Method 24. The owner or operator shall 
determine the volume of coating and the mass of VOC-solvent used for 
thinning purposes from company records on a monthly basis. If a common 
coating distribution system serves more than one affected facility or 
serves both affected and existing facilities, the owner or operator 
shall estimate the volume of coating used at each facility by using the 
average dry weight of coating and the surface area coated by each 
affected and existing facility or by other procedures acceptable to the 
Administrator.
    (i) Calculate the volume-weighted average of the total mass of VOC's 
consumed per unit volume of coating solids applied (G) during each 
calendar month for each affected facility, except as provided under 
Sec.  60.313(c)(2) and (c)(3). Each monthly calculation is considered a 
performance test. Except as provided in paragraph (c)(1)(iv) of this 
section, the volume-weighted average of the total mass of VOC's consumed 
per unit volume of coating solids applied (G) each calendar month will 
be determined by the following procedures.
    (A) Calculate the mass of VOC's used (Mo + Md) 
during each calendar month for each affected facility by the following 
equation:
[GRAPHIC] [TIFF OMITTED] TC16NO91.015

([Sigma]LdjDdj will be 0 if no VOC solvent is 
          added to the coatings, as received.)

Where: n is the number of different coatings used during the calendar 
          month and m is the number of different diluent VOC-solvents 
          used during the calendar month.

    (B) Calculate the total volume of coating solids used 
(Ls) in each calendar month for each affected facility by the 
following equation:
[GRAPHIC] [TIFF OMITTED] TC16NO91.016

Where: n is the number of different coatings used during the calendar 
          month.


Select the appropriate transfer efficiency from table 1. If the owner or 
operator can demonstrate to the satisfaction of the Administrator that 
transfer efficiencies other than those shown are appropriate, the 
Administrator will approve their use on a case-by-case basis. Transfer 
efficiency values for application methods not listed below shall be 
determined by the Administrator on a case-by-case basis. An owner or 
operator must submit sufficient data for the Administrator to judge the 
accuracy of the transfer efficiency claims.

                     Table 1--Transfer Efficiencies
------------------------------------------------------------------------
                                                               Transfer
                     Application methods                      efficiency
                                                                  (T)
------------------------------------------------------------------------
Air atomized spray..........................................        0.25
Airless spray...............................................         .25
Manual electrostatic spray..................................         .60
Nonrotational automatic electrostatic spray.................         .70
Rotating head electrostatic spray (manual and automatic)....         .80
Dip coat and flow coat......................................         .90
Electrodeposition...........................................         .95
------------------------------------------------------------------------


Where more than one application method is used within a single surface 
coating operation, the owner or operator shall determine the composition 
and volume of each coating applied by each method through a means 
acceptable to the Administrator and compute the weighted average 
transfer efficiency by the following equation:
[GRAPHIC] [TIFF OMITTED] TC16NO91.017

Where n is the number of coatings used and p is the number of 
application methods used.

    (C) Calculate the volume-weighted average mass of VOC's consumed per 
unit volume of coating solids applied

[[Page 526]]

(G) during the calendar month for each affected facility by the 
following equation:
[GRAPHIC] [TIFF OMITTED] TC16NO91.018

    (ii) Calculate the volume-weighted average of VOC emissions to the 
atmosphere (N) during the calendar month for each affected facility by 
the following equation:


N = G

    (iii) Where the volume-weighted average mass of VOC discharged to 
the atmosphere per unit volume of coating solids applied (N) is less 
than or equal to 0.90 kilogram per liter, the affected facility is in 
compliance.
    (iv) If each individual coating used by an affected facility has a 
VOC content, as received, which when divided by the lowest transfer 
efficiency at which the coating is applied, results in a value equal to 
or less than 0.90 kilogram per liter, the affected facility is in 
compliance provided no VOC's are added to the coatings during 
distribution or application.
    (2) An owner or operator shall use the following procedures for any 
affected facility that uses a capture system and a control device that 
destroys VOC's (e.g., incinerator) to comply with the emission limit 
specified under Sec.  60.312.
    (i) Determine the overall reduction efficiency (R) for the capture 
system and control device. For the initial performance test the overall 
reduction efficiency (R) shall be determined as prescribed in paragraphs 
(c)(2)(i) (A), (B), and (C) of this section. In subsequent months, the 
owner or operator may use the most recently determined overall reduction 
efficiency (R) for the performance test providing control device and 
capture system operating conditions have not changed. The procedure in, 
paragraphs (c)(2)(i) (A), (B), and (C), of this section, shall be 
repeated when directed by the Administrator or when the owner or 
operator elects to operate the control device or capture system at 
conditions different from the initial performance test.
    (A) Determine the fraction (F) of total VOC's emitted by an affected 
facility that enters the control device using the following equation:
[GRAPHIC] [TIFF OMITTED] TC01JN92.010

Where

n is the number of gas streams entering the control device and
m is the number of gas streams emitted directly to the atmosphere.

    (B) Determine the destruction efficiency of the control device (E) 
using values of the volumetric flow rate of each of the gas streams and 
the VOC content (as carbon) of each of the gas streams in and out of the 
device by the following equation:
[GRAPHIC] [TIFF OMITTED] TC01JN92.011

Where:

n is the number of gas streams entering the control device, and
m is the number of gas streams leaving the contol device and entering 
          the atmosphere.

    (C) Determine overall reduction efficiency (R) using the following 
equation:

R = EF

    (ii) Calculate the volume-weighted average of the total mass of 
VOC's per unit volume of coating solids applied (G) during each calendar 
month for each affected facility using equations in paragraphs (c)(1)(i) 
(A), (B), and (C) of this section.
    (iii) Calculate the volume-weighted average of VOC emissions to the 
atmosphere (N) during each calendar month by the following equation:

N = G(1-R)

    (iv) If the volume-weighted average mass of VOC's emitted to the 
atmosphere for each calendar month (N) is less than or equal to 0.90 
kilogram per liter of coating solids applied, the affected facility is 
in compliance. Each monthly calculation is a performance test.

[[Page 527]]

    (3) An owner or operator shall use the following procedure for any 
affected facility which uses a control device that recovers the VOC's 
(e.g., carbon adsorber) to comply with the applicable emission limit 
specified under Sec.  60.312.
    (i) Calculate the total mass of VOC's consumed (Mo + 
Md) and the volume-weighted average of the total mass of 
VOC's per unit volume of coating solids applied (G) during each calendar 
month for each affected facility using equations in paragraph (c)(1)(i) 
(A), (B), and (C) of this section.
    (ii) Calculate the total mass of VOC's recovered (Mr) 
during each calendar month using the following equation:

Mr = Lr Dr

    (iii) Calculate overall reduction efficiency of the control device 
(R) for each calendar month for each affected facility using the 
following equation:
[GRAPHIC] [TIFF OMITTED] TC16NO91.019

    (iv) Calculate the volume-weighted average mass of VOC's emitted to 
the atmosphere (N) for each calendar month for each affected facility 
using equation in paragraph (c)(2)(iii) of this section.
    (v) If the weighted average mass of VOC's emitted to the atmosphere 
for each calendar month (N) is less than or equal to 0.90 kilogram per 
liter of coating solids applied, the affected facility is in compliance. 
Each monthly calculation is a performance test.

[47 FR 49287, Oct. 29, 1982, as amended at 65 FR 61759, Oct. 17, 2000]



Sec.  60.314  Monitoring of emissions and operations.

    (a) The owner or operator of an affected facility which uses a 
capture system and an incinerator to comply with the emission limits 
specified under Sec.  60.312 shall install, calibrate, maintain, and 
operate temperature measurement devices according to the following 
procedures:
    (1) Where thermal incineration is used, a temperature measurement 
device shall be installed in the firebox. Where catalytic incineration 
is used, a temperature measurement device shall be installed in the gas 
stream immediately before and after the catalyst bed.
    (2) Each temperature measurement device shall be installed, 
calibrated, and maintained according to the manufacturer's 
specifications. The device shall have an accuracy of the greater of 0.75 
percent of the temperature being measured expressed in degrees Celsius 
or 2.5 [deg]C.
    (3) Each temperature measurement device shall be equipped with a 
recording device so that a permanent continuous record is produced.
    (b) The owner or operator of an affected facility which uses a 
capture system and a solvent recovery system to comply with the emission 
limits specified under Sec.  60.312 shall install the equipment 
necessary to determine the total volume of VOC-solvent recovered daily.



Sec.  60.315  Reporting and recordkeeping requirements.

    (a) The reporting requirements of Sec.  60.8(a) apply only to the 
initial performance test. Each owner or operator subject to the 
provisions of this subpart shall include the following data in the 
report of the initial performance test required under Sec.  60.8(a):
    (1) Except as provided in paragraph (a)(2) of this section, the 
volume-weighted average mass of VOC's emitted to the atmosphere per 
volume of applied coating solids (N) for a period of one calendar month 
from each affected facility.
    (2) For each affected facility where compliance is determined under 
the provisions of Sec.  60.313(c)(1)(iv), a list of the coatings used 
during a period of one calendar month, the VOC content of each coating 
calculated from data determined using Method 24 or supplied by the 
manufacturer of the coating, and the minimum transfer efficiency of any 
coating application equipment used during the month.
    (3) For each affected facility where compliance is achieved through 
the use of an incineration system, the following additional information 
will be reported:
    (i) The proportion of total VOC's emitted that enters the control 
device (F),

[[Page 528]]

    (ii) The VOC reduction efficiency of the control device (E),
    (iii) The average combustion temperature (or the average temperature 
upstream and downstream of the catalyst bed), and
    (iv) A description of the method used to establish the amount of 
VOC's captured and sent to the incinerator.
    (4) For each affected facility where compliance is achieved through 
the use of a solvent recovery system, the following additional 
information will be reported:
    (i) The volume of VOC-solvent recovered (Lr), and
    (ii) The overall VOC emission reduction achieved (R).
    (b) Following the initial performance test, the owner or operator of 
an affected facility shall identify, record, and submit a written report 
to the Administrator every calendar quarter of each instance in which 
the volume-weighted average of the total mass of VOC's emitted to the 
atmosphere per volume of applied coating solids (N) is greater than the 
limit specified under Sec.  60.312. If no such instances have occurred 
during a particular quarter, a report stating this shall be submitted to 
the Administrator semiannually.
    (c) Following the initial performance test, the owner or operator of 
an affected facility shall identify, record, and submit at the frequency 
specified in Sec.  60.7(c) the following:
    (1) Where compliance with Sec.  60.312 is achieved through the use 
of thermal incineration, each 3-hour period when metal furniture is 
being coated during which the average temperature of the device was more 
than 28 [deg]C below the average temperature of the device during the 
most recent performance test at which destruction efficiency was 
determined as specified under Sec.  60.313.
    (2) Where compliance with Sec.  60.312 is achieved through the use 
of catalytic incineration, each 3-hour period when metal furniture is 
being coated during which the average temperature of the device 
immediately before the catalyst bed is more than 28 [deg]C below the 
average temperature of the device immediately before the catalyst bed 
during the most recent performance test at which destruction efficiency 
was determined as specified under Sec.  60.313. Additionally, when metal 
furniture is being coated, all 3-hour periods during which the average 
temperature difference across the catalyst bed is less than 80 percent 
of the average temperature difference across the catalyst bed during the 
most recent performance test at which destruction efficiency was 
determined as specified under Sec.  60.313 will be recorded.
    (3) For thermal and catalytic incinerators, if no such periods as 
described in paragraphs (c)(1) and (c)(2) of this section occur, the 
owner or operator shall state this in the report.
    (d) Each owner or operator subject to the provisions of this subpart 
shall maintain at the source, for a period of at least 2 years, records 
of all data and calculations used to determine VOC emissions from each 
affected facility. Where compliance is achieved through the use of 
thermal incineration, each owner or operator shall maintain, at the 
source, daily records of the incinerator combustion chamber temperature. 
If catalytic incineration is used, the owner or operator shall maintain 
at the source daily records of the gas temperature, both upstream and 
downstream of the incinerator catalyst bed. Where compliance is achieved 
through the use of a solvent recovery system, the owner or operator 
shall maintain at the source daily records of the amount of solvent 
recovered by the system for each affected facility.

[47 FR 49287, Oct. 29, 1982, as amended at 55 FR 51383, Dec. 13, 1990; 
65 FR 61759, Oct. 17, 2000]



Sec.  60.316  Test methods and procedures.

    (a) The reference methods in appendix A to this part except as 
provided under Sec.  60.8(b) shall be used to determine compliance with 
Sec.  60.312 as follows:
    (1) Method 24, or coating manufacturer's formulation data, for use 
in the determination of VOC content of each batch of coating as applied 
to the surface of the metal parts. In case of an inconsistency between 
the Method 24 results and the formulation data, the Method 24 results 
will govern.
    (2) Method 25 for the measurement of VOC concentration.
    (3) Method 1 for sample and velocity traverses.

[[Page 529]]

    (4) Method 2 for velocity and volumetric flow rate.
    (5) Method 3 for gas analysis.
    (6) Method 4 for stack gas moisture.
    (b) For Method 24, the coating sample must be at least a 1 liter 
sample in a 1 liter container taken at a point where the sample will be 
representative of the coating material as applied to the surface of the 
metal part.
    (c) For Method 25, the minimum sampling time for each of 3 runs is 
60 minutes and the minimum sample volume is 0.003 dry standard cubic 
meters except that shorter sampling times or smaller volumes, when 
necessitated by process variables or other factors, may be approved by 
the Administrator.
    (d) The Administrator will approve testing of representative stacks 
on a case-by-case basis if the owner or operator can demonstrate to the 
satisfaction of the Administrator that testing of representative stacks 
yields results comparable to those that would be obtained by testing all 
stacks.

Subpart FF [Reserved]



     Subpart GG_Standards of Performance for Stationary Gas Turbines



Sec.  60.330  Applicability and designation of affected facility.

    (a) The provisions of this subpart are applicable to the following 
affected facilities: All stationary gas turbines with a heat input at 
peak load equal to or greater than 10.7 gigajoules (10 million Btu) per 
hour, based on the lower heating value of the fuel fired.
    (b) Any facility under paragraph (a) of this section which commences 
construction, modification, or reconstruction after October 3, 1977, is 
subject to the requirements of this part except as provided in 
paragraphs (e) and (j) of Sec.  60.332.

[44 FR 52798, Sept. 10, 1979, as amended at 52 FR 42434, Nov. 5, 1987; 
65 FR 61759, Oct. 17, 2000]



Sec.  60.331  Definitions.

    As used in this subpart, all terms not defined herein shall have the 
meaning given them in the Act and in subpart A of this part.
    (a) Stationary gas turbine means any simple cycle gas turbine, 
regenerative cycle gas turbine or any gas turbine portion of a combined 
cycle steam/electric generating system that is not self propelled. It 
may, however, be mounted on a vehicle for portability.
    (b) Simple cycle gas turbine means any stationary gas turbine which 
does not recover heat from the gas turbine exhaust gases to preheat the 
inlet combustion air to the gas turbine, or which does not recover heat 
from the gas turbine exhaust gases to heat water or generate steam.
    (c) Regenerative cycle gas turbine means any stationary gas turbine 
which recovers heat from the gas turbine exhaust gases to preheat the 
inlet combustion air to the gas turbine.
    (d) Combined cycle gas turbine means any stationary gas turbine 
which recovers heat from the gas turbine exhaust gases to heat water or 
generate steam.
    (e) Emergency gas turbine means any stationary gas turbine which 
operates as a mechanical or electrical power source only when the 
primary power source for a facility has been rendered inoperable by an 
emergency situation.
    (f) Ice fog means an atmospheric suspension of highly reflective ice 
crystals.
    (g) ISO standard day conditions means 288 degrees Kelvin, 60 percent 
relative humidity and 101.3 kilopascals pressure.
    (h) Efficiency means the gas turbine manufacturer's rated heat rate 
at peak load in terms of heat input per unit of power output based on 
the lower heating value of the fuel.
    (i) Peak load means 100 percent of the manufacturer's design 
capacity of the gas turbine at ISO standard day conditions.
    (j) Base load means the load level at which a gas turbine is 
normally operated.
    (k) Fire-fighting turbine means any stationary gas turbine that is 
used solely to pump water for extinguishing fires.
    (l) Turbines employed in oil/gas production or oil/gas 
transportation means any stationary gas turbine used to provide power to 
extract crude oil/natural gas from the earth or to move crude oil/

[[Page 530]]

natural gas, or products refined from these substances through 
pipelines.
    (m) A Metropolitan Statistical Area or MSA as defined by the 
Department of Commerce.
    (n) Offshore platform gas turbines means any stationary gas turbine 
located on a platform in an ocean.
    (o) Garrison facility means any permanent military installation.
    (p) Gas turbine model means a group of gas turbines having the same 
nominal air flow, combuster inlet pressure, combuster inlet temperature, 
firing temperature, turbine inlet temperature and turbine inlet 
pressure.
    (q) Electric utility stationary gas turbine means any stationary gas 
turbine constructed for the purpose of supplying more than one-third of 
its potential electric output capacity to any utility power distribution 
system for sale.
    (r) Emergency fuel is a fuel fired by a gas turbine only during 
circumstances, such as natural gas supply curtailment or breakdown of 
delivery system, that make it impossible to fire natural gas in the gas 
turbine.
    (s) Unit operating hour means a clock hour during which any fuel is 
combusted in the affected unit. If the unit combusts fuel for the entire 
clock hour, it is considered to be a full unit operating hour. If the 
unit combusts fuel for only part of the clock hour, it is considered to 
be a partial unit operating hour.
    (t) Excess emissions means a specified averaging period over which 
either:
    (1) The NOX emissions are higher than the applicable 
emission limit in Sec.  60.332;
    (2) The total sulfur content of the fuel being combusted in the 
affected facility exceeds the limit specified in Sec.  60.333; or
    (3) The recorded value of a particular monitored parameter is 
outside the acceptable range specified in the parameter monitoring plan 
for the affected unit.
    (u) Natural gas means a naturally occurring fluid mixture of 
hydrocarbons (e.g., methane, ethane, or propane) produced in geological 
formations beneath the Earth's surface that maintains a gaseous state at 
standard atmospheric temperature and pressure under ordinary conditions. 
Natural gas contains 20.0 grains or less of total sulfur per 100 
standard cubic feet. Equivalents of this in other units are as follows: 
0.068 weight percent total sulfur, 680 parts per million by weight 
(ppmw) total sulfur, and 338 parts per million by volume (ppmv) at 20 
degrees Celsius total sulfur. Additionally, natural gas must either be 
composed of at least 70 percent methane by volume or have a gross 
calorific value between 950 and 1100 British thermal units (Btu) per 
standard cubic foot. Natural gas does not include the following gaseous 
fuels: landfill gas, digester gas, refinery gas, sour gas, blast furnace 
gas, coal-derived gas, producer gas, coke oven gas, or any gaseous fuel 
produced in a process which might result in highly variable sulfur 
content or heating value.
    (v) Duct burner means a device that combusts fuel and that is placed 
in the exhaust duct from another source, such as a stationary gas 
turbine, internal combustion engine, kiln, etc., to allow the firing of 
additional fuel to heat the exhaust gases before the exhaust gases enter 
a heat recovery steam generating unit.
    (w) Lean premix stationary combustion turbine means any stationary 
combustion turbine where the air and fuel are thoroughly mixed to form a 
lean mixture for combustion in the combustor. Mixing may occur before or 
in the combustion chamber. A unit which is capable of operating in both 
lean premix and diffusion flame modes is considered a lean premix 
stationary combustion turbine when it is in the lean premix mode, and it 
is considered a diffusion flame stationary combustion turbine when it is 
in the diffusion flame mode.
    (x) Diffusion flame stationary combustion turbine means any 
stationary combustion turbine where fuel and air are injected at the 
combustor and are mixed only by diffusion prior to ignition. A unit 
which is capable of operating in both lean premix and diffusion flame 
modes is considered a lean premix stationary combustion turbine when it 
is in the lean premix mode, and it is considered a diffusion flame 
stationary combustion turbine when it is in the diffusion flame mode.
    (y) Unit operating day means a 24-hour period between 12:00 midnight 
and

[[Page 531]]

the following midnight during which any fuel is combusted at any time in 
the unit. It is not necessary for fuel to be combusted continuously for 
the entire 24-hour period.

[44 FR 52798, Sept. 10, 1979, as amended at 47 FR 3770, Jan. 27, 1982; 
65 FR 61759, Oct. 17, 2000; 69 FR 41359, July 8, 2004]




Sec.  60.332  Standard for nitrogen oxides.

    (a) On and after the date on which the performance test required by 
Sec.  60.8 is completed, every owner or operator subject to the 
provisions of this subpart as specified in paragraphs (b), (c), and (d) 
of this section shall comply with one of the following, except as 
provided in paragraphs (e), (f), (g), (h), (i), (j), (k), and (l) of 
this section.
    (1) No owner or operator subject to the provisions of this subpart 
shall cause to be discharged into the atmosphere from any stationary gas 
turbine, any gases which contain nitrogen oxides in excess of:
[GRAPHIC] [TIFF OMITTED] TC16NO91.020

where:

STD = allowable ISO corrected (if required as given in Sec.  
          60.335(b)(1)) NOX emission concentration (percent 
          by volume at 15 percent oxygen and on a dry basis),
Y = manufacturer's rated heat rate at manufacturer's rated load 
          (kilojoules per watt hour) or, actual measured heat rate based 
          on lower heating value of fuel as measured at actual peak load 
          for the facility. The value of Y shall not exceed 14.4 
          kilojoules per watt hour, and
F = NOX emission allowance for fuel-bound nitrogen as defined 
          in paragraph (a)(4) of this section.

    (2) No owner or operator subject to the provisions of this subpart 
shall cause to be discharged into the atmosphere from any stationary gas 
turbine, any gases which contain nitrogen oxides in excess of:
[GRAPHIC] [TIFF OMITTED] TC16NO91.021

where:

STD = allowable ISO corrected (if required as given in Sec.  
          60.335(b)(1)) NOX emission concentration (percent 
          by volume at 15 percent oxygen and on a dry basis),
Y = manufacturer's rated heat rate at manufacturer's rated peak load 
          (kilojoules per watt hour), or actual measured heat rate based 
          on lower heating value of fuel as measured at actual peak load 
          for the facility. The value of Y shall not exceed 14.4 
          kilojoules per watt hour, and
F = NOX emission allowance for fuel-bound nitrogen as defined 
          in paragraph (a)(4) of this section.

    (3) The use of F in paragraphs (a)(1) and (2) of this section is 
optional. That is, the owner or operator may choose to apply a 
NOX allowance for fuel-bound nitrogen and determine the 
appropriate F-value in accordance with paragraph (a)(4) of this section 
or may accept an F-value of zero.
    (4) If the owner or operator elects to apply a NOX 
emission allowance for fuel-bound nitrogen, F shall be defined according 
to the nitrogen content of the fuel during the most recent performance 
test required under Sec.  60.8 as follows:

------------------------------------------------------------------------
  Fuel-bound nitrogen (percent by weight)     F (NOX percent by volume)
------------------------------------------------------------------------
N <= .015.................................  0
0.015 0.25.........................  0.005
------------------------------------------------------------------------

Where:

N = the nitrogen content of the fuel (percent by weight).


or:


Manufacturers may develop and submit to EPA custom fuel-bound nitrogen 
allowances for each gas turbine model they manufacture. These fuel-bound 
nitrogen allowances shall be substantiated with data and must be 
approved for use by the Administrator before the initial performance 
test required by Sec.  60.8. Notices of approval of custom fuel-bound 
nitrogen allowances will be published in the Federal Register.
    (b) Electric utility stationary gas turbines with a heat input at 
peak load greater than 107.2 gigajoules per hour (100 million Btu/hour) 
based on the lower heating value of the fuel fired shall comply with the 
provisions of paragraph (a)(1) of this section.
    (c) Stationary gas turbines with a heat input at peak load equal to 
or greater than 10.7 gigajoules per hour (10 million Btu/hour) but less 
than or equal to 107.2 gigajoules per hour (100

[[Page 532]]

million Btu/hour) based on the lower heating value of the fuel fired, 
shall comply with the provisions of paragraph (a)(2) of this section.
    (d) Stationary gas turbines with a manufacturer's rated base load at 
ISO conditions of 30 megawatts or less except as provided in Sec.  
60.332(b) shall comply with paragraph (a)(2) of this section.
    (e) Stationary gas turbines with a heat input at peak load equal to 
or greater than 10.7 gigajoules per hour (10 million Btu/hour) but less 
than or equal to 107.2 gigajoules per hour (100 million Btu/hour) based 
on the lower heating value of the fuel fired and that have commenced 
construction prior to October 3, 1982 are exempt from paragraph (a) of 
this section.
    (f) Stationary gas turbines using water or steam injection for 
control of NOX emissions are exempt from paragraph (a) when 
ice fog is deemed a traffic hazard by the owner or operator of the gas 
turbine.
    (g) Emergency gas turbines, military gas turbines for use in other 
than a garrison facility, military gas turbines installed for use as 
military training facilities, and fire fighting gas turbines are exempt 
from paragraph (a) of this section.
    (h) Stationary gas turbines engaged by manufacturers in research and 
development of equipment for both gas turbine emission control 
techniques and gas turbine efficiency improvements are exempt from 
paragraph (a) on a case-by-case basis as determined by the 
Administrator.
    (i) Exemptions from the requirements of paragraph (a) of this 
section will be granted on a case-by-case basis as determined by the 
Administrator in specific geographical areas where mandatory water 
restrictions are required by governmental agencies because of drought 
conditions. These exemptions will be allowed only while the mandatory 
water restrictions are in effect.
    (j) Stationary gas turbines with a heat input at peak load greater 
than 107.2 gigajoules per hour that commenced construction, 
modification, or reconstruction between the dates of October 3, 1977, 
and January 27, 1982, and were required in the September 10, 1979, 
Federal Register (44 FR 52792) to comply with paragraph (a)(1) of this 
section, except electric utility stationary gas turbines, are exempt 
from paragraph (a) of this section.
    (k) Stationary gas turbines with a heat input greater than or equal 
to 10.7 gigajoules per hour (10 million Btu/hour) when fired with 
natural gas are exempt from paragraph (a)(2) of this section when being 
fired with an emergency fuel.
    (l) Regenerative cycle gas turbines with a heat input less than or 
equal to 107.2 gigajoules per hour (100 million Btu/hour) are exempt 
from paragraph (a) of this section.

[44 FR 52798, Sept. 10, 1979, as amended at 47 FR 3770, Jan. 27, 1982; 
65 FR 61759, Oct. 17, 2000; 69 FR 41359, July 8, 2004]



Sec.  60.333  Standard for sulfur dioxide.

    On and after the date on which the performance test required to be 
conducted by Sec.  60.8 is completed, every owner or operator subject to 
the provision of this subpart shall comply with one or the other of the 
following conditions:
    (a) No owner or operator subject to the provisions of this subpart 
shall cause to be discharged into the atmosphere from any stationary gas 
turbine any gases which contain sulfur dioxide in excess of 0.015 
percent by volume at 15 percent oxygen and on a dry basis.
    (b) No owner or operator subject to the provisions of this subpart 
shall burn in any stationary gas turbine any fuel which contains total 
sulfur in excess of 0.8 percent by weight (8000 ppmw).

[44 FR 52798, Sept. 10, 1979, as amended at 69 FR 41360, July 8, 2004]



Sec.  60.334  Monitoring of operations.

    (a) Except as provided in paragraph (b) of this section, the owner 
or operator of any stationary gas turbine subject to the provisions of 
this subpart and using water or steam injection to control 
NOX emissions shall install, calibrate, maintain and operate 
a continuous monitoring system to monitor and record the fuel 
consumption and the ratio of water or steam to fuel being fired in the 
turbine.
    (b) The owner or operator of any stationary gas turbine that 
commenced

[[Page 533]]

construction, reconstruction or modification after October 3, 1977, but 
before July 8, 2004, and which uses water or steam injection to control 
NOX emissions may, as an alternative to operating the 
continuous monitoring system described in paragraph (a) of this section, 
install, certify, maintain, operate, and quality-assure a continuous 
emission monitoring system (CEMS) consisting of NOX and 
O2 monitors. As an alternative, a CO2 monitor may 
be used to adjust the measured NOX concentrations to 15 
percent O2 by either converting the CO2 hourly 
averages to equivalent O2 concentrations using Equation F-14a 
or F-14b in appendix F to part 75 of this chapter and making the 
adjustments to 15 percent O2, or by using the CO2 
readings directly to make the adjustments, as described in Method 20. If 
the option to use a CEMS is chosen, the CEMS shall be installed, 
certified, maintained and operated as follows:
    (1) Each CEMS must be installed and certified according to PS 2 and 
3 (for diluent) of 40 CFR part 60, appendix B, except the 7-day 
calibration drift is based on unit operating days, not calendar days. 
Appendix F, Procedure 1 is not required. The relative accuracy test 
audit (RATA) of the NOX and diluent monitors may be performed 
individually or on a combined basis, i.e., the relative accuracy tests 
of the CEMS may be performed either:
    (i) On a ppm basis (for NOX) and a percent O2 
basis for oxygen; or
    (ii) On a ppm at 15 percent O2 basis; or
    (iii) On a ppm basis (for NOX) and a percent 
CO2 basis (for a CO2 monitor that uses the 
procedures in Method 20 to correct the NOX data to 15 percent 
O2).
    (2) As specified in Sec.  60.13(e)(2), during each full unit 
operating hour, each monitor must complete a minimum of one cycle of 
operation (sampling, analyzing, and data recording) for each 15-minute 
quadrant of the hour, to validate the hour. For partial unit operating 
hours, at least one valid data point must be obtained for each quadrant 
of the hour in which the unit operates. For unit operating hours in 
which required quality assurance and maintenance activities are 
performed on the CEMS, a minimum of two valid data points (one in each 
of two quadrants) are required to validate the hour.
    (3) For purposes of identifying excess emissions, CEMS data must be 
reduced to hourly averages as specified in Sec.  60.13(h).
    (i) For each unit operating hour in which a valid hourly average, as 
described in paragraph (b)(2) of this section, is obtained for both 
NOX and diluent, the data acquisition and handling system 
must calculate and record the hourly NOX emissions in the 
units of the applicable NOX emission standard under Sec.  
60.332(a), i.e., percent NOX by volume, dry basis, corrected 
to 15 percent O2 and International Organization for 
Standardization (ISO) standard conditions (if required as given in Sec.  
60.335(b)(1)). For any hour in which the hourly average O2 
concentration exceeds 19.0 percent O2, a diluent cap value of 
19.0 percent O2 may be used in the emission calculations.
    (ii) A worst case ISO correction factor may be calculated and 
applied using historical ambient data. For the purpose of this 
calculation, substitute the maximum humidity of ambient air (Ho), 
minimum ambient temperature (Ta), and minimum combustor inlet 
absolute pressure (Po) into the ISO correction equation.
    (iii) If the owner or operator has installed a NOX CEMS 
to meet the requirements of part 75 of this chapter, and is continuing 
to meet the ongoing requirements of part 75 of this chapter, the CEMS 
may be used to meet the requirements of this section, except that the 
missing data substitution methodology provided for at 40 CFR part 75, 
subpart D, is not required for purposes of identifying excess emissions. 
Instead, periods of missing CEMS data are to be reported as monitor 
downtime in the excess emissions and monitoring performance report 
required in Sec.  60.7(c).
    (c) For any turbine that commenced construction, reconstruction or 
modification after October 3, 1977, but before July 8, 2004, and which 
does not use steam or water injection to control NOX 
emissions, the owner or operator may, but is not required to, for 
purposes of determining excess emissions,

[[Page 534]]

use a CEMS that meets the requirements of paragraph (b) of this section. 
Also, if the owner or operator has previously submitted and received 
EPA, State, or local permitting authority approval of a procedure for 
monitoring compliance with the applicable NOX emission limit 
under Sec.  60.332, that approved procedure may continue to be used.
    (d) The owner or operator of any new turbine constructed after July 
8, 2004, and which uses water or steam injection to control 
NOX emissions may elect to use either the requirements in 
paragraph (a) of this section for continuous water or steam to fuel 
ratio monitoring or may use a NOX CEMS installed, certified, 
operated, maintained, and quality-assured as described in paragraph (b) 
of this section.
    (e) The owner or operator of any new turbine that commences 
construction after July 8, 2004, and which does not use water or steam 
injection to control NOX emissions, may, but is not required 
to, elect to use a NOX CEMS installed, certified, operated, 
maintained, and quality-assured as described in paragraph (b) of this 
section. Other acceptable monitoring approaches include periodic testing 
approved by EPA or the State or local permitting authority or continuous 
parameter monitoring as described in paragraph (f) of this section.
    (f) The owner or operator of a new turbine that commences 
construction after July 8, 2004, which does not use water or steam 
injection to control NOX emissions may, but is not required 
to, perform continuous parameter monitoring as follows:
    (1) For a diffusion flame turbine without add-on selective catalytic 
reduction controls (SCR), the owner or operator shall define at least 
four parameters indicative of the unit's NOX formation 
characteristics and shall monitor these parameters continuously.
    (2) For any lean premix stationary combustion turbine, the owner or 
operator shall continuously monitor the appropriate parameters to 
determine whether the unit is operating in low-NOX mode.
    (3) For any turbine that uses SCR to reduce NOX 
emissions, the owner or operator shall continuously monitor appropriate 
parameters to verify the proper operation of the emission controls.
    (4) For affected units that are also regulated under part 75 of this 
chapter, if the owner or operator elects to monitor NOX 
emission rate using the methodology in appendix E to part 75 of this 
chapter, or the low mass emissions methodology in Sec.  75.19 of this 
chapter, the requirements of this paragraph (f) may be met by performing 
the parametric monitoring described in section 2.3 of appendix E or in 
Sec.  75.19(c)(1)(iv)(H) of this chapter.
    (g) The steam or water to fuel ratio or other parameters that are 
continuously monitored as described in paragraphs (a), (d) or (f) of 
this section shall be monitored during the performance test required 
under Sec.  60.8, to establish acceptable values and ranges. The owner 
or operator may supplement the performance test data with engineering 
analyses, design specifications, manufacturer's recommendations and 
other relevant information to define the acceptable parametric ranges 
more precisely. The owner or operator shall develop and keep on-site a 
parameter monitoring plan which explains the procedures used to document 
proper operation of the NOX emission controls. The plan shall 
include the parameter(s) monitored and the acceptable range(s) of the 
parameter(s) as well as the basis for designating the parameter(s) and 
acceptable range(s). Any supplemental data such as engineering analyses, 
design specifications, manufacturer's recommendations and other relevant 
information shall be included in the monitoring plan. For affected units 
that are also subject to part 75 of this chapter and that use the low 
mass emissions methodology in Sec.  75.19 of this chapter or the 
NOX emission measurement methodology in appendix E to part 
75, the owner or operator may meet the requirements of this paragraph by 
developing and keeping on-site (or at a central location for unmanned 
facilities) a quality-assurance plan, as described in Sec.  75.19 (e)(5) 
or in section 2.3 of appendix E and section 1.3.6 of appendix B to part 
75 of this chapter.

[[Page 535]]

    (h) The owner or operator of any stationary gas turbine subject to 
the provisions of this subpart:
    (1) Shall monitor the total sulfur content of the fuel being fired 
in the turbine, except as provided in paragraph (h)(3) of this section. 
The sulfur content of the fuel must be determined using total sulfur 
methods described in Sec.  60.335(b)(10). Alternatively, if the total 
sulfur content of the gaseous fuel during the most recent performance 
test was less than 0.4 weight percent (4000 ppmw), ASTM D4084-82, 94, 
D5504-01, D6228-98, or Gas Processors Association Standard 2377-86 (all 
of which are incorporated by reference-see Sec.  60.17), which measure 
the major sulfur compounds may be used; and
    (2) Shall monitor the nitrogen content of the fuel combusted in the 
turbine, if the owner or operator claims an allowance for fuel bound 
nitrogen (i.e., if an F-value greater than zero is being or will be used 
by the owner or operator to calculate STD in Sec.  60.332). The nitrogen 
content of the fuel shall be determined using methods described in Sec.  
60.335(b)(9) or an approved alternative.
    (3) Notwithstanding the provisions of paragraph (h)(1) of this 
section, the owner or operator may elect not to monitor the total sulfur 
content of the gaseous fuel combusted in the turbine, if the gaseous 
fuel is demonstrated to meet the definition of natural gas in Sec.  
60.331(u), regardless of whether an existing custom schedule approved by 
the administrator for subpart GG requires such monitoring. The owner or 
operator shall use one of the following sources of information to make 
the required demonstration:
    (i) The gas quality characteristics in a current, valid purchase 
contract, tariff sheet or transportation contract for the gaseous fuel, 
specifying that the maximum total sulfur content of the fuel is 20.0 
grains/100 scf or less; or
    (ii) Representative fuel sampling data which show that the sulfur 
content of the gaseous fuel does not exceed 20 grains/100 scf. At a 
minimum, the amount of fuel sampling data specified in section 2.3.1.4 
or 2.3.2.4 of appendix D to part 75 of this chapter is required.
    (4) For any turbine that commenced construction, reconstruction or 
modification after October 3, 1977, but before July 8, 2004, and for 
which a custom fuel monitoring schedule has previously been approved, 
the owner or operator may, without submitting a special petition to the 
Administrator, continue monitoring on this schedule.
    (i) The frequency of determining the sulfur and nitrogen content of 
the fuel shall be as follows:
    (1) Fuel oil. For fuel oil, use one of the total sulfur sampling 
options and the associated sampling frequency described in sections 
2.2.3, 2.2.4.1, 2.2.4.2, and 2.2.4.3 of appendix D to part 75 of this 
chapter (i.e., flow proportional sampling, daily sampling, sampling from 
the unit's storage tank after each addition of fuel to the tank, or 
sampling each delivery prior to combining it with fuel oil already in 
the intended storage tank). If an emission allowance is being claimed 
for fuel-bound nitrogen, the nitrogen content of the oil shall be 
determined and recorded once per unit operating day.
    (2) Gaseous fuel. Any applicable nitrogen content value of the 
gaseous fuel shall be determined and recorded once per unit operating 
day. For owners and operators that elect not to demonstrate sulfur 
content using options in paragraph (h)(3) of this section, and for which 
the fuel is supplied without intermediate bulk storage, the sulfur 
content value of the gaseous fuel shall be determined and recorded once 
per unit operating day.
    (3) Custom schedules. Notwithstanding the requirements of paragraph 
(i)(2) of this section, operators or fuel vendors may develop custom 
schedules for determination of the total sulfur content of gaseous 
fuels, based on the design and operation of the affected facility and 
the characteristics of the fuel supply. Except as provided in paragraphs 
(i)(3)(i) and (i)(3)(ii) of this section, custom schedules shall be 
substantiated with data and shall be approved by the Administrator 
before they can be used to comply with the standard in Sec.  60.333.
    (i) The two custom sulfur monitoring schedules set forth in 
paragraphs (i)(3)(i)(A) through (D) and in paragraph (i)(3)(ii) of this 
section are acceptable, without prior Administrative approval:

[[Page 536]]

    (A) The owner or operator shall obtain daily total sulfur content 
measurements for 30 consecutive unit operating days, using the 
applicable methods specified in this subpart. Based on the results of 
the 30 daily samples, the required frequency for subsequent monitoring 
of the fuel's total sulfur content shall be as specified in paragraph 
(i)(3)(i)(B), (C), or (D) of this section, as applicable.
    (B) If none of the 30 daily measurements of the fuel's total sulfur 
content exceeds 0.4 weight percent (4000 ppmw), subsequent sulfur 
content monitoring may be performed at 12 month intervals. If any of the 
samples taken at 12-month intervals has a total sulfur content between 
0.4 and 0.8 weight percent (4000 and 8000 ppmw), follow the procedures 
in paragraph (i)(3)(i)(C) of this section. If any measurement exceeds 
0.8 weight percent (8000 ppmw), follow the procedures in paragraph 
(i)(3)(i)(D) of this section.
    (C) If at least one of the 30 daily measurements of the fuel's total 
sulfur content is between 0.4 and 0.8 weight percent (4000 and 8000 
ppmw), but none exceeds 0.8 weight percent (8000 ppmw), then:
    (1) Collect and analyze a sample every 30 days for three months. If 
any sulfur content measurement exceeds 0.8 weight percent (8000 ppmw), 
follow the procedures in paragraph (i)(3)(i)(D) of this section. 
Otherwise, follow the procedures in paragraph (i)(3)(i)(C)(2) of this 
section.
    (2) Begin monitoring at 6-month intervals for 12 months. If any 
sulfur content measurement exceeds 0.8 weight percent (8000 ppmw), 
follow the procedures in paragraph (i)(3)(i)(D) of this section. 
Otherwise, follow the procedures in paragraph (i)(3)(i)(C)(3) of this 
section.
    (3) Begin monitoring at 12-month intervals. If any sulfur content 
measurement exceeds 0.8 weight percent (8000 ppmw), follow the 
procedures in paragraph (i)(3)(i)(D) of this section. Otherwise, 
continue to monitor at this frequency.
    (D) If a sulfur content measurement exceeds 0.8 weight percent (8000 
ppmw), immediately begin daily monitoring according to paragraph 
(i)(3)(i)(A) of this section. Daily monitoring shall continue until 30 
consecutive daily samples, each having a sulfur content no greater than 
0.8 weight percent (8000 ppmw), are obtained. At that point, the 
applicable procedures of paragraph (i)(3)(i)(B) or (C) of this section 
shall be followed.
    (ii) The owner or operator may use the data collected from the 720-
hour sulfur sampling demonstration described in section 2.3.6 of 
appendix D to part 75 of this chapter to determine a custom sulfur 
sampling schedule, as follows:
    (A) If the maximum fuel sulfur content obtained from the 720 hourly 
samples does not exceed 20 grains/100 scf (i.e., the maximum total 
sulfur content of natural gas as defined in Sec.  60.331(u)), no 
additional monitoring of the sulfur content of the gas is required, for 
the purposes of this subpart.
    (B) If the maximum fuel sulfur content obtained from any of the 720 
hourly samples exceeds 20 grains/100 scf, but none of the sulfur content 
values (when converted to weight percent sulfur) exceeds 0.4 weight 
percent (4000 ppmw), then the minimum required sampling frequency shall 
be one sample at 12 month intervals.
    (C) If any sample result exceeds 0.4 weight percent sulfur (4000 
ppmw), but none exceeds 0.8 weight percent sulfur (8000 ppmw), follow 
the provisions of paragraph (i)(3)(i)(C) of this section.
    (D) If the sulfur content of any of the 720 hourly samples exceeds 
0.8 weight percent (8000 ppmw), follow the provisions of paragraph 
(i)(3)(i)(D) of this section.
    (j) For each affected unit that elects to continuously monitor 
parameters or emissions, or to periodically determine the fuel sulfur 
content or fuel nitrogen content under this subpart, the owner or 
operator shall submit reports of excess emissions and monitor downtime, 
in accordance with Sec.  60.7(c). Excess emissions shall be reported for 
all periods of unit operation, including startup, shutdown and 
malfunction. For the purpose of reports required under Sec.  60.7(c), 
periods of excess emissions and monitor downtime that shall be reported 
are defined as follows:
    (1) Nitrogen oxides.
    (i) For turbines using water or steam to fuel ratio monitoring:

[[Page 537]]

    (A) An excess emission shall be any unit operating hour for which 
the average steam or water to fuel ratio, as measured by the continuous 
monitoring system, falls below the acceptable steam or water to fuel 
ratio needed to demonstrate compliance with Sec.  60.332, as established 
during the performance test required in Sec.  60.8. Any unit operating 
hour in which no water or steam is injected into the turbine shall also 
be considered an excess emission.
    (B) A period of monitor downtime shall be any unit operating hour in 
which water or steam is injected into the turbine, but the essential 
parametric data needed to determine the steam or water to fuel ratio are 
unavailable or invalid.
    (C) Each report shall include the average steam or water to fuel 
ratio, average fuel consumption, ambient conditions (temperature, 
pressure, and humidity), gas turbine load, and (if applicable) the 
nitrogen content of the fuel during each excess emission. You do not 
have to report ambient conditions if you opt to use the worst case ISO 
correction factor as specified in Sec.  60.334(b)(3)(ii), or if you are 
not using the ISO correction equation under the provisions of Sec.  
60.335(b)(1).
    (ii) If the owner or operator elects to take an emission allowance 
for fuel bound nitrogen, then excess emissions and periods of monitor 
downtime are as described in paragraphs (j)(1)(ii)(A) and (B) of this 
section.
    (A) An excess emission shall be the period of time during which the 
fuel-bound nitrogen (N) is greater than the value measured during the 
performance test required in Sec.  60.8 and used to determine the 
allowance. The excess emission begins on the date and hour of the sample 
which shows that N is greater than the performance test value, and ends 
with the date and hour of a subsequent sample which shows a fuel 
nitrogen content less than or equal to the performance test value.
    (B) A period of monitor downtime begins when a required sample is 
not taken by its due date. A period of monitor downtime also begins on 
the date and hour that a required sample is taken, if invalid results 
are obtained. The period of monitor downtime ends on the date and hour 
of the next valid sample.
    (iii) For turbines using NOX and diluent CEMS:
    (A) An hour of excess emissions shall be any unit operating hour in 
which the 4-hour rolling average NOX concentration exceeds 
the applicable emission limit in Sec.  60.332(a)(1) or (2). For the 
purposes of this subpart, a ``4-hour rolling average NOX 
concentration'' is the arithmetic average of the average NOX 
concentration measured by the CEMS for a given hour (corrected to 15 
percent O2 and, if required under Sec.  60.335(b)(1), to ISO 
standard conditions) and the three unit operating hour average 
NOX concentrations immediately preceding that unit operating 
hour.
    (B) A period of monitor downtime shall be any unit operating hour in 
which sufficient data are not obtained to validate the hour, for either 
NOX concentration or diluent (or both).
    (C) Each report shall include the ambient conditions (temperature, 
pressure, and humidity) at the time of the excess emission period and 
(if the owner or operator has claimed an emission allowance for fuel 
bound nitrogen) the nitrogen content of the fuel during the period of 
excess emissions. You do not have to report ambient conditions if you 
opt to use the worst case ISO correction factor as specified in Sec.  
60.334(b)(3)(ii), or if you are not using the ISO correction equation 
under the provisions of Sec.  60.335(b)(1).
    (iv) For owners or operators that elect, under paragraph (f) of this 
section, to monitor combustion parameters or parameters that document 
proper operation of the NOX emission controls:
    (A) An excess emission shall be a 4-hour rolling unit operating hour 
average in which any monitored parameter does not achieve the target 
value or is outside the acceptable range defined in the parameter 
monitoring plan for the unit.
    (B) A period of monitor downtime shall be a unit operating hour in 
which any of the required parametric data are either not recorded or are 
invalid.
    (2) Sulfur dioxide. If the owner or operator is required to monitor 
the sulfur

[[Page 538]]

content of the fuel under paragraph (h) of this section:
    (i) For samples of gaseous fuel and for oil samples obtained using 
daily sampling, flow proportional sampling, or sampling from the unit's 
storage tank, an excess emission occurs each unit operating hour 
included in the period beginning on the date and hour of any sample for 
which the sulfur content of the fuel being fired in the gas turbine 
exceeds 0.8 weight percent and ending on the date and hour that a 
subsequent sample is taken that demonstrates compliance with the sulfur 
limit.
    (ii) If the option to sample each delivery of fuel oil has been 
selected, the owner or operator shall immediately switch to one of the 
other oil sampling options (i.e., daily sampling, flow proportional 
sampling, or sampling from the unit's storage tank) if the sulfur 
content of a delivery exceeds 0.8 weight percent. The owner or operator 
shall continue to use one of the other sampling options until all of the 
oil from the delivery has been combusted, and shall evaluate excess 
emissions according to paragraph (j)(2)(i) of this section. When all of 
the fuel from the delivery has been burned, the owner or operator may 
resume using the as-delivered sampling option.
    (iii) A period of monitor downtime begins when a required sample is 
not taken by its due date. A period of monitor downtime also begins on 
the date and hour of a required sample, if invalid results are obtained. 
The period of monitor downtime shall include only unit operating hours, 
and ends on the date and hour of the next valid sample.
    (3) Ice fog. Each period during which an exemption provided in Sec.  
60.332(f) is in effect shall be reported in writing to the Administrator 
quarterly. For each period the ambient conditions existing during the 
period, the date and time the air pollution control system was 
deactivated, and the date and time the air pollution control system was 
reactivated shall be reported. All quarterly reports shall be postmarked 
by the 30th day following the end of each calendar quarter.
    (4) Emergency fuel. Each period during which an exemption provided 
in Sec.  60.332(k) is in effect shall be included in the report required 
in Sec.  60.7(c). For each period, the type, reasons, and duration of 
the firing of the emergency fuel shall be reported.
    (5) All reports required under Sec.  60.7(c) shall be postmarked by 
the 30th day following the end of each 6-month period.

[44 FR 52798, Sept. 10, 1979, as amended at 47 FR 3770, Jan. 27, 1982; 
65 FR 61759, Oct. 17, 2000; 69 FR 41360, July 8, 2004; 71 FR 9457, Feb. 
24, 2006]



Sec.  60.335  Test methods and procedures.

    (a) The owner or operator shall conduct the performance tests 
required in Sec.  60.8, using either
    (1) EPA Method 20,
    (2) ASTM D6522-00 (incorporated by reference, see Sec.  60.17), or
    (3) EPA Method 7E and either EPA Method 3 or 3A in appendix A to 
this part, to determine NOX and diluent concentration.
    (4) Sampling traverse points are to be selected following Method 20 
or Method 1, (non-particulate procedures) and sampled for equal time 
intervals. The sampling shall be performed with a traversing single-hole 
probe or, if feasible, with a stationary multi-hole probe that samples 
each of the points sequentially. Alternatively, a multi-hole probe 
designed and documented to sample equal volumes from each hole may be 
used to sample simultaneously at the required points.
    (5) Notwithstanding paragraph (a)(4) of this section, the owner or 
operator may test at few points than are specified in Method 1 or Method 
20 if the following conditions are met:
    (i) You may perform a stratification test for NOX and 
diluent pursuant to
    (A) [Reserved]
    (B) The procedures specified in section 6.5.6.1(a) through (e) 
appendix A to part 75 of this chapter.
    (ii) Once the stratification sampling is completed, the owner or 
operator may use the following alternative sample point selection 
criteria for the performance test:
    (A) If each of the individual traverse point NOX 
concentrations, normalized to 15 percent O2, is within 10 
percent of the mean normalized concentration for all traverse points, 
then you may use 3 points (located either 16.7, 50.0, and 83.3

[[Page 539]]

percent of the way across the stack or duct, or, for circular stacks or 
ducts greater than 2.4 meters (7.8 feet) in diameter, at 0.4, 1.2, and 
2.0 meters from the wall). The 3 points shall be located along the 
measurement line that exhibited the highest average normalized 
NOX concentration during the stratification test; or
    (B) If each of the individual traverse point NOX 
concentrations, normalized to 15 percent O2, is within 5 
percent of the mean normalized concentration for all traverse points, 
then you may sample at a single point, located at least 1 meter from the 
stack wall or at the stack centroid.
    (6) Other acceptable alternative reference methods and procedures 
are given in paragraph (c) of this section.
    (b) The owner or operator shall determine compliance with the 
applicable nitrogen oxides emission limitation in Sec.  60.332 and shall 
meet the performance test requirements of Sec.  60.8 as follows:
    (1) For each run of the performance test, the mean nitrogen oxides 
emission concentration (NOXo) corrected to 15 percent 
O2 shall be corrected to ISO standard conditions using the 
following equation. Notwithstanding this requirement, use of the ISO 
correction equation is optional for: Lean premix stationary combustion 
turbines; units used in association with heat recovery steam generators 
(HRSG) equipped with duct burners; and units equipped with add-on 
emission control devices:

NOX = (NOXo)(Pr/Po)\0.5\ 
e19 (Ho-0.00633) (288 [deg]K/Ta)\1.53\

Where:

NOX = emission concentration of NOX at 15 percent 
          O2 and ISO standard ambient conditions, ppm by 
          volume, dry basis,
NOXo = mean observed NOX concentration, ppm by 
          volume, dry basis, at 15 percent O2,
Pr = reference combustor inlet absolute pressure at 101.3 
kilopascals ambient pressure. Alternatively, you may use 760 mm Hg 
(29.92 in Hg),
Po = observed combustor inlet absolute pressure at test, mm 
Hg. Alternatively, you may use the barometric pressure for the date of 
the test,
Ho = observed humidity of ambient air, g H2O/g 
          air,
e = transcendental constant, 2.718, and
Ta = ambient temperature, [deg]K.

    (2) The 3-run performance test required by Sec.  60.8 must be 
performed within 5 percent at 30, 50, 75, and 90-to-100 percent of peak 
load or at four evenly-spaced load points in the normal operating range 
of the gas turbine, including the minimum point in the operating range 
and 90-to-100 percent of peak load, or at the highest achievable load 
point if 90-to-100 percent of peak load cannot be physically achieved in 
practice. If the turbine combusts both oil and gas as primary or backup 
fuels, separate performance testing is required for each fuel. 
Notwithstanding these requirements, performance testing is not required 
for any emergency fuel (as defined in Sec.  60.331).
    (3) For a combined cycle turbine system with supplemental heat (duct 
burner), the owner or operator may elect to measure the turbine 
NOX emissions after the duct burner rather than directly 
after the turbine. If the owner or operator elects to use this 
alternative sampling location, the applicable NOX emission 
limit in Sec.  60.332 for the combustion turbine must still be met.
    (4) If water or steam injection is used to control NOX 
with no additional post-combustion NOX control and the owner 
or operator chooses to monitor the steam or water to fuel ratio in 
accordance with Sec.  60.334(a), then that monitoring system must be 
operated concurrently with each EPA Method 20, ASTM D6522-00 
(incorporated by reference, see Sec.  60.17), or EPA Method 7E run and 
shall be used to determine the fuel consumption and the steam or water 
to fuel ratio necessary to comply with the applicable Sec.  60.332 
NOX emission limit.
    (5) If the owner operator elects to claim an emission allowance for 
fuel bound nitrogen as described in Sec.  60.332, then concurrently with 
each reference method run, a representative sample of the fuel used 
shall be collected and analyzed, following the applicable procedures 
described in Sec.  60.335(b)(9). These data shall be used to determine 
the maximum fuel nitrogen content for which the established water (or 
steam) to fuel ratio will be valid.

[[Page 540]]

    (6) If the owner or operator elects to install a CEMS, the 
performance evaluation of the CEMS may either be conducted separately 
(as described in paragraph (b)(7) of this section) or as part of the 
initial performance test of the affected unit.
    (7) If the owner or operator elects to install and certify a 
NOX CEMS under Sec.  60.334(e), then the initial performance 
test required under Sec.  60.8 may be done in the following alternative 
manner:
    (i) Perform a minimum of 9 reference method runs, with a minimum 
time per run of 21 minutes, at a single load level, between 90 and 100 
percent of peak (or the highest physically achievable) load.
    (ii) Use the test data both to demonstrate compliance with the 
applicable NOX emission limit under Sec.  60.332 and to 
provide the required reference method data for the RATA of the CEMS 
described under Sec.  60.334(b).
    (iii) The requirement to test at three additional load levels is 
waived.
    (8) If the owner or operator elects under Sec.  60.334(f) to monitor 
combustion parameters or parameters indicative of proper operation of 
NOX emission controls, the appropriate parameters shall be 
continuously monitored and recorded during each run of the initial 
performance test, to establish acceptable operating ranges, for purposes 
of the parameter monitoring plan for the affected unit, as specified in 
Sec.  60.334(g).
    (9) To determine the fuel bound nitrogen content of fuel being fired 
(if an emission allowance is claimed for fuel bound nitrogen), the owner 
or operator may use equipment and procedures meeting the requirements 
of:
    (i) For liquid fuels, ASTM D2597-94 (Reapproved 1999), D6366-99, 
D4629-02, D5762-02 (all of which are incorporated by reference, see 
Sec.  60.17); or
    (ii) For gaseous fuels, shall use analytical methods and procedures 
that are accurate to within 5 percent of the instrument range and are 
approved by the Administrator.
    (10) If the owner or operator is required under Sec.  60.334(i)(1) 
or (3) to periodically determine the sulfur content of the fuel 
combusted in the turbine, a minimum of three fuel samples shall be 
collected during the performance test. Analyze the samples for the total 
sulfur content of the fuel using:
    (i) For liquid fuels, ASTM D129-00, D2622-98, D4294-02, D1266-98, 
D5453-00 or D1552-01 (all of which are incorporated by reference, see 
Sec.  60.17); or
    (ii) For gaseous fuels, ASTM D1072-80, 90 (Reapproved 1994); D3246-
81, 92, 96; D4468-85 (Reapproved 2000); or D6667-01 (all of which are 
incorporated by reference, see Sec.  60.17). The applicable ranges of 
some ASTM methods mentioned above are not adequate to measure the levels 
of sulfur in some fuel gases. Dilution of samples before analysis (with 
verification of the dilution ratio) may be used, subject to the prior 
approval of the Administrator.
    (11) The fuel analyses required under paragraphs (b)(9) and (b)(10) 
of this section may be performed by the owner or operator, a service 
contractor retained by the owner or operator, the fuel vendor, or any 
other qualified agency.
    (c) The owner or operator may use the following as alternatives to 
the reference methods and procedures specified in this section:
    (1) Instead of using the equation in paragraph (b)(1) of this 
section, manufacturers may develop ambient condition correction factors 
to adjust the nitrogen oxides emission level measured by the performance 
test as provided in Sec.  60.8 to ISO standard day conditions.

[69 FR 41363, July 8, 2004, as amended at 71 FR 9458, Feb. 24, 2006; 79 
FR 11250, Feb. 27, 2014]



    Subpart HH_Standards of Performance for Lime Manufacturing Plants

    Source: 49 FR 18080, Apr. 26, 1984, unless otherwise noted.



Sec.  60.340  Applicability and designation of affected facility.

    (a) The provisions of this subpart are applicable to each rotary 
lime kiln used in the manufacture of lime.
    (b) The provisions of this subpart are not applicable to facilities 
used in the manufacture of lime at kraft pulp mills.
    (c) Any facility under paragraph (a) of this section that commences 
construction or modification after May 3,

[[Page 541]]

1977, is subject to the requirements of this subpart.



Sec.  60.341  Definitions.

    As used in this subpart, all terms not defined herein shall have the 
same meaning given them in the Act and in the General Provisions.
    (a) Lime manufacturing plant means any plant which uses a rotary 
lime kiln to produce lime product from limestone by calcination.
    (b) Lime product means the product of the calcination process 
including, but not limited to, calcitic lime, dolomitic lime, and dead-
burned dolomite.
    (c) Positive-pressure fabric filter means a fabric filter with the 
fans on the upstream side of the filter bags.
    (d) Rotary lime kiln means a unit with an inclined rotating drum 
that is used to produce a lime product from limestone by calcination.
    (e) Stone feed means limestone feedstock and millscale or other iron 
oxide additives that become part of the product.



Sec.  60.342  Standard for particulate matter.

    (a) On and after the date on which the performance test required to 
be conducted by Sec.  60.8 is completed, no owner or operator subject to 
the provisions of this subpart shall cause to be discharged into the 
atmosphere from any rotary lime kiln any gases which:
    (1) Contain particulate matter in excess of 0.30 kilogram per 
megagram (0.60 lb/ton) of stone feed.
    (2) Exhibit greater than 15 percent opacity when exiting from a dry 
emission control device.



Sec.  60.343  Monitoring of emissions and operations.

    (a) The owner or operator of a facility that is subject to the 
provisions of this subpart shall install, calibrate, maintain, and 
operate a continuous monitoring system, except as provided in paragraphs 
(b) and (c) of this section, to monitor and record the opacity of a 
representative portion of the gases discharged into the atmosphere from 
any rotary lime kiln. The span of this system shall be set at 40 percent 
opacity.
    (b) The owner or operator of any rotary lime kiln having a control 
device with a multiple stack exhaust or a roof monitor may, in lieu of 
the continuous opacity monitoring requirement of Sec.  60.343(a), 
monitor visible emissions at least once per day of operation by using a 
certified visible emissions observer who, for each site where visible 
emissions are observed, will perform three Method 9 tests and record the 
results. Visible emission observations shall occur during normal 
operation of the rotary lime kiln at least once per day. For at least 
three 6-minute periods, the opacity shall be recorded for any point(s) 
where visible emissions are observed, and the corresponding feed rate of 
the kiln shall also be recorded. Records shall be maintained of any 6-
minute average that is in excess of the emissions specified in Sec.  
60.342(a) of this subpart.
    (c) The owner or operator of any rotary lime kiln using a wet 
scrubbing emission control device subject to the provisions of this 
subpart shall not be required to monitor the opacity of the gases 
discharged as required in paragraph (a) of this section, but shall 
install, calibrate, maintain, operate, and record the resultant 
information from the following continuous monitoring devices:
    (1) A monitoring device for the continuous measurement of the 
pressure loss of the gas stream through the scrubber. The monitoring 
device must be accurate within 250 pascals (one 
inch of water).
    (2) A monitoring device for continuous measurement of the scrubbing 
liquid supply pressure to the control device. The monitoring device must 
be accurate within 5 percent of the design 
scrubbing liquid supply pressure.
    (d) For the purpose of conducting a performance test under Sec.  
60.8, the owner or operator of any lime manufacturing plant subject to 
the provisions of this subpart shall install, calibrate, maintain, and 
operate a device for measuring the mass rate of stone feed to any 
affected rotary lime kiln. The measuring device used must be accurate to 
within 5 percent of the mass rate over its 
operating range.
    (e) For the purpose of reports required under Sec.  60.7(c), periods 
of excess

[[Page 542]]

emissions that shall be reported are defined as all 6-minute periods 
during which the average opacity of the visible emissions from any lime 
kiln subject to paragraph (a) of this subpart is greater than 15 percent 
or, in the case of wet scrubbers, any period in which the scrubber 
pressure drop or scrubbing liquid supply pressure is greater than 30 
percent below that established during the performance test. If visible 
emission observations are made according to paragraph (b) of this 
section, reports of excess emissions shall be submitted semiannually.

[49 FR 18080, Apr. 26, 1984, as amended at 52 FR 4773, Feb. 17, 1987; 54 
FR 6675, Feb. 14, 1989; 65 FR 61760, Oct. 17, 2000]



Sec.  60.344  Test methods and procedures.

    (a) In conducting the performance tests required in Sec.  60.8, the 
owner or operator shall use as reference methods and procedures the test 
methods in appendix A of this part or other methods and procedures as 
specified in this section, except as provided in Sec.  60.8(b).
    (b) The owner or operator shall determine compliance with the 
particulate matter standards in Sec.  60.342(a) as follows:
    (1) The emission rate (E) of particulate matter shall be computed 
for each run using the following equation:

E = (cs Qsd)/PK)

where:

E = emission rate of particulate matter, kg/Mg (1b/ton) of stone feed.
cs = concentration of particulate matter, g/dscm (gr/dscf).
Qsd = volumetric flow rate of effluent gas, dscm/hr (dscf/
          hr).
P = stone feed rate, Mg/hr (ton/hr).
K = conversion factor, 1000 g/kg (7000 gr/lb).

    (2) Method 5 shall be used at negative-pressure fabric filters and 
other types of control devices and Method 5D shall be used at positive-
pressure fabric filters to determine the particulate matter 
concentration (cs) and the volumetric flow rate 
(Qsd) of the effluent gas. The sampling time and sample 
volume for each run shall be at least 60 minutes and 0.90 dscm (31.8 
dscf).
    (3) The monitoring device of Sec.  60.343(d) shall be used to 
determine the stone feed rate (P) for each run.
    (4) Method 9 and the procedures in Sec.  60.11 shall be used to 
determine opacity.
    (c) During the particulate matter run, the owner or operator shall 
use the monitoring devices in Sec.  60.343(c)(1) and (2) to determine 
the average pressure loss of the gas stream through the scrubber and the 
average scrubbing liquid supply pressure.

[54 FR 6675, Feb. 14, 1989, as amended at 65 FR 61760, Oct. 17, 2000]



Subpart KK_Standards of Performance for Lead-Acid Battery Manufacturing 
                                 Plants

    Source: 47 FR 16573, Apr. 16, 1982, unless otherwise noted.



Sec.  60.370  Applicability and designation of affected facility.

    (a) The provisions of this subpart are applicable to the affected 
facilities listed in paragraph (b) of this section at any lead-acid 
battery manufacturing plant that produces or has the design capacity to 
produce in one day (24 hours) batteries containing an amount of lead 
equal to or greater than 5.9 Mg (6.5 tons).
    (b) The provisions of this subpart are applicable to the following 
affected facilities used in the manufacture of lead-acid storage 
batteries:
    (1) Grid casting facility.
    (2) Paste mixing facility.
    (3) Three-process operation facility.
    (4) Lead oxide manufacturing facility.
    (5) Lead reclamation facility.
    (6) Other lead-emitting operations.
    (c) Any facility under paragraph (b) of this section the 
construction or modification of which is commenced after January 14, 
1980, is subject to the requirements of this subpart.



Sec.  60.371  Definitions.

    As used in this subpart, all terms not defined herein shall have the 
meaning given them in the Act and in subpart A of this part.
    (a) Grid casting facility means the facility which includes all lead 
melting pots and machines used for casting the grid used in battery 
manufacturing.

[[Page 543]]

    (b) Lead-acid battery manufacturing plant means any plant that 
produces a storage battery using lead and lead compounds for the plates 
and sulfuric acid for the electrolyte.
    (c) Lead oxide manufacturing facility means a facility that produces 
lead oxide from lead, including product recovery.
    (d) Lead reclamation facility means the facility that remelts lead 
scrap and casts it into lead ingots for use in the battery manufacturing 
process, and which is not a furnace affected under subpart L of this 
part.
    (e) Other lead-emitting operation means any lead-acid battery 
manufacturing plant operation from which lead emissions are collected 
and ducted to the atmosphere and which is not part of a grid casting, 
lead oxide manufacturing, lead reclamation, paste mixing, or three-
process operation facility, or a furnace affected under subpart L of 
this part.
    (f) Paste mixing facility means the facility including lead oxide 
storage, conveying, weighing, metering, and charging operations; paste 
blending, handling, and cooling operations; and plate pasting, takeoff, 
cooling, and drying operations.
    (g) Three-process operation facility means the facility including 
those processes involved with plate stacking, burning or strap casting, 
and assembly of elements into the battery case.



Sec.  60.372  Standards for lead.

    (a) On and after the date on which the performance test required to 
be conducted by Sec.  60.8 is completed, no owner or operator subject to 
the provisions of this subpart shall cause to be discharged into the 
atmosphere:
    (1) From any grid casting facility any gases that contain lead in 
excess of 0.40 milligram of lead per dry standard cubic meter of exhaust 
(0.000175 gr/dscf).
    (2) From any paste mixing facility any gases that contain in excess 
of 1.00 milligram of lead per dry standard cubic meter of exhaust 
(0.000437 gr/dscf).
    (3) From any three-process operation facility any gases that contain 
in excess of 1.00 milligram of lead per dry standard cubic meter of 
exhaust (0.000437 gr/dscf).
    (4) From any lead oxide manufacturing facility any gases that 
contain in excess of 5.0 milligrams of lead per kilogram of lead feed 
(0.010 lb/ton).
    (5) From any lead reclamation facility any gases that contain in 
excess of 4.50 milligrams of lead per dry standard cubic meter of 
exhaust (0.00197 gr/dscf).
    (6) From any other lead-emitting operation any gases that contain in 
excess of 1.00 milligram of lead per dry standard cubic meter of exhaust 
(0.000437 gr/dscf).
    (7) From any affected facility other than a lead reclamation 
facility any gases with greater than 0 percent opacity (measured 
according to Method 9 and rounded to the nearest whole percentage).
    (8) From any lead reclamation facility any gases with greater than 5 
percent opacity (measured according to Method 9 and rounded to the 
nearest whole percentage).
    (b) When two or more facilities at the same plant (except the lead 
oxide manufacturing facility) are ducted to a common control device, an 
equivalent standard for the total exhaust from the commonly controlled 
facilities shall be determined as follows:
[GRAPHIC] [TIFF OMITTED] TC01JN92.012

Where:

Se = is the equivalent standard for the total exhaust stream.
Sa = is the actual standard for each exhaust stream ducted to 
          the control device.
N = is the total number of exhaust streams ducted to the control device.
Qsda = is the dry standard volumetric flow rate of the 
          effluent gas stream from each facility ducted to the control 
          device.
QsdT = is the total dry standard volumetric flow rate of all 
          effluent gas streams ducted to the control device.

[47 FR 16573, Apr. 16, 1982, as amended at 65 FR 61760, Oct. 17, 2000]



Sec.  60.373  Monitoring of emissions and operations.

    The owner or operator of any lead-acid battery manufacturing 
facility

[[Page 544]]

subject to the provisions of this subpart and controlled by a scrubbing 
system(s) shall install, calibrate, maintain, and operate a monitoring 
device(s) that measures and records the pressure drop across the 
scrubbing system(s) at least once every 15 minutes. The monitoring 
device shall have an accuracy of 5 percent over 
its operating range.



Sec.  60.374  Test methods and procedures.

    (a) In conducting the performance tests required in Sec.  60.8, the 
owner or operator shall use as reference methods and procedures the test 
methods in appendix A of this part or other methods and procedures as 
specified in this section, except as provided in Sec.  60.8(b).
    (b) The owner or operator shall determine compliance with the lead 
standards in Sec.  60.372, except Sec.  60.372(a)(4), as follows:
    (1) Method 12 or Method 29 shall be used to determine the lead 
concentration (CPb) and, if applicable, the volumetric flow 
rate (Qsda) of the effluent gas. The sampling time and sample 
volume for each run shall be at least 60 minutes and 0.85 dscm (30 
dscf).
    (2) When different operations in a three-process operation facility 
are ducted to separate control devices, the lead emission concentration 
(C) from the facility shall be determined as follows:
[GRAPHIC] [TIFF OMITTED] TR27FE14.006

Where:

C = concentration of lead emissions for the entire facility, mg/dscm 
          (gr/dscf).
Ca = concentration of lead emissions from facility ``a'', mg/
          dscm (gr/dscf).
Qsda = volumetric flow rate of effluent gas from facility 
          ``a'', dscm/hr (dscf/hr).
N = total number of control devices to which separate operations in the 
          facility are ducted.

    (3) Method 9 and the procedures in Sec.  60.11 shall be used to 
determine opacity. The opacity numbers shall be rounded off to the 
nearest whole percentage.
    (c) The owner or operator shall determine compliance with the lead 
standard in Sec.  60.372(a)(4) as follows:
    (1) The emission rate (E) from lead oxide manufacturing facility 
shall be computed for each run using the following equation:
[GRAPHIC] [TIFF OMITTED] TC16NO91.023

where:

E = emission rate of lead, mg/kg (lb/ton) of lead charged.
CPbi = concentration of lead from emission point ``i,'' mg/
          dscm (gr/dscf).
Qsdi = volumetric flow rate of effluent gas from emission 
          point ``i,'' dscm/hr (sdcf/hr).
M = number of emission points in the affected facility.
P = lead feed rate to the facility, kg/hr (ton/hr).
K = conversion factor, 1.0 mg/mg (7000 gr/lb).

    (2) Method 12 or Method 29 shall be used to determine the lead 
concentration (CPb) and the volumetric flow rate 
(Qsd) of the effluent gas. The sampling time and sample 
volume for each run shall be at least 60 minutes and 0.85 dscm (30 
dscf).
    (3) The average lead feed rate (P) shall be determined for each run 
using the following equation:

P = N W/[Theta]

where:

N = number of lead pigs (ingots) charged.
W = average mass of a pig, kg (ton).
[Theta] = duration of run, hr.

[54 FR 6675, Feb. 14, 1989, as amended at 65 FR 61760, Oct. 17, 2000; 79 
FR 11250, Feb. 27, 2014]

[[Page 545]]



  Subpart LL_Standards of Performance for Metallic Mineral Processing 
                                 Plants

    Source: 49 FR 6464, Feb. 21, 1984, unless otherwise noted.



Sec.  60.380  Applicability and designation of affected facility.

    (a) The provisions of this subpart are applicable to the following 
affected facilities in metallic mineral processing plants: Each crusher 
and screen in open-pit mines; each crusher, screen, bucket elevator, 
conveyor belt transfer point, thermal dryer, product packaging station, 
storage bin, enclosed storage area, truck loading station, truck 
unloading station, railcar loading station, and railcar unloading 
station at the mill or concentrator with the following exceptions. All 
facilities located in underground mines are exempted from the provisions 
of this subpart. At uranium ore processing plants, all facilities 
subsequent to and including the beneficiation of uranium ore are 
exempted from the provisions of this subpart.
    (b) An affected facility under paragraph (a) of this section that 
commences construction or modification after August 24, 1982, is subject 
to the requirements of this part.



Sec.  60.381  Definitions.

    All terms used in this subpart, but not specifically defined in this 
section, shall have the meaning given them in the Act and in subpart A 
of this part.
    Bucket elevator means a conveying device for metallic minerals 
consisting of a head and foot assembly that supports and drives an 
endless single or double strand chain or belt to which buckets are 
attached.
    Capture system means the equipment used to capture and transport 
particulate matter generated by one or more affected facilities to a 
control device.
    Control device means the air pollution control equipment used to 
reduce particulate matter emissions released to the atmosphere from one 
or more affected facilities at a metallic mineral processing plant.
    Conveyor belt transfer point means a point in the conveying 
operation where the metallic mineral or metallic mineral concentrate is 
transferred to or from a conveyor belt except where the metallic mineral 
is being transferred to a stockpile.
    Crusher means a machine used to crush any metallic mineral and 
includes feeders or conveyors located immediately below the crushing 
surfaces. Crushers include, but are not limited to, the following types: 
jaw, gyratory, cone, and hammermill.
    Enclosed storage area means any area covered by a roof under which 
metallic minerals are stored prior to further processing or loading.
    Metallic mineral concentrate means a material containing metallic 
compounds in concentrations higher than naturally occurring in ore but 
requiring additional processing if pure metal is to be isolated. A 
metallic mineral concentrate contains at least one of the following 
metals in any of its oxidation states and at a concentration that 
contributes to the concentrate's commercial value: Aluminum, copper, 
gold, iron, lead, molybdenum, silver, titanium, tungsten, uranium, zinc, 
and zirconium. This definition shall not be construed as requiring that 
material containing metallic compounds be refined to a pure metal in 
order for the material to be considered a metallic mineral concentrate 
to be covered by the standards.
    Metallic mineral processing plant means any combination of equipment 
that produces metallic mineral concentrates from ore. Metallic mineral 
processing commences with the mining of ore and includes all operations 
either up to and including the loading of wet or dry concentrates or 
solutions of metallic minerals for transfer to facilities at non-
adjacent locations that will subsequently process metallic concentrates 
into purified metals (or other products), or up to and including all 
material transfer and storage operations that precede the operations 
that produce refined metals (or other products) from metallic mineral 
concentrates at facilities adjacent to the metallic mineral processing 
plant. This definition shall not be construed as requiring that mining 
of ore be conducted in order for the combination of equipment to be 
considered a metallic mineral processing plant. (See also the

[[Page 546]]

definition of metallic mineral concentrate.)
    Process fugitive emissions means particulate matter emissions from 
an affected facility that are not collected by a capture system.
    Product packaging station means the equipment used to fill 
containers with metallic compounds or metallic mineral concentrates.
    Railcar loading station means that portion of a metallic mineral 
processing plant where metallic minerals or metallic mineral 
concentrates are loaded by a conveying system into railcars.
    Railcar unloading station means that portion of a metallic mineral 
processing plant where metallic ore is unloaded from a railcar into a 
hopper, screen, or crusher.
    Screen means a device for separating material according to size by 
passing undersize material through one or more mesh surfaces (screens) 
in series and retaining oversize material on the mesh surfaces 
(screens).
    Stack emissions means the particulate matter captured and released 
to the atmosphere through a stack, chimney, or flue.
    Storage bin means a facility for storage (including surge bins and 
hoppers) of metallic minerals prior to further processing or loading.
    Surface moisture means water that is not chemically bound to a 
metallic mineral or metallic mineral concentrate.
    Thermal dryer means a unit in which the surface moisture content of 
a metallic mineral or a metallic mineral concentrate is reduced by 
direct or indirect contact with a heated gas stream.
    Truck loading station means that portion of a metallic mineral 
processing plant where metallic minerals or metallic mineral 
concentrates are loaded by a conveying system into trucks.
    Truck unloading station means that portion of a metallic mineral 
processing plant where metallic ore is unloaded from a truck into a 
hopper, screen, or crusher.

[49 FR 6464, Feb. 21, 1984, as amended at 65 FR 61760, Oct. 17, 2000]



Sec.  60.382  Standard for particulate matter.

    (a) On and after the date on which the performance test required to 
be conducted by Sec.  60.8 is completed, no owner or operator subject to 
the provisions of this subpart shall cause to be discharged into the 
atmosphere from an affected facility any stack emissions that:
    (1) Contain particulate matter in excess of 0.05 grams per dry 
standard cubic meter (0.05 g/dscm).
    (2) Exhibit greater than 7 percent opacity, unless the stack 
emissions are discharged from an affected facility using a wet scrubbing 
emission control device.
    (b) On and after the sixtieth day after achieving the maximum 
production rate at which the affected facility will be operated, but not 
later than 180 days after initial startup, no owner or operator subject 
to the provisions of this subpart shall cause to be discharged into the 
atmosphere from an affected facility any process fugitive emissions that 
exhibit greater than 10 percent opacity.

[49 FR 6464, Feb. 21, 1984, as amended at 65 FR 61760, Oct. 17, 2000; 79 
FR 11250, Feb. 27, 2014]



Sec.  60.383  Reconstruction.

    (a) The cost of replacement of ore-contact surfaces on processing 
equipment shall not be considered in calculating either the ``fixed 
capital cost of the new components'' or the ``fixed capital cost that 
would be required to construct a comparable new facility'' under Sec.  
60.15. Ore-contact surfaces are: Crushing surfaces; screen meshes, bars, 
and plates; conveyor belts; elevator buckets; and pan feeders.
    (b) Under Sec.  60.15, the ``fixed capital cost of the new 
components'' includes the fixed capital cost of all depreciable 
components (except components specified in paragraph (a) of this 
section) that are or will be replaced pursuant to all continuous 
programs of component replacement commenced within any 2-year period 
following August 24, 1982.

[[Page 547]]



Sec.  60.384  Monitoring of operations.

    (a) The owner or operator subject to the provisions of this subpart 
shall install, calibrate, maintain, and operate a monitoring device for 
the continuous measurement of the change in pressure of the gas stream 
through the scrubber for any affected facility using a wet scrubbing 
emission control device. The monitoring device must be certified by the 
manufacturer to be accurate within 250 pascals 
(1 inch water) gauge pressure and must be 
calibrated on an annual basis in accordance with manufacturer's 
instructions.
    (b) The owner or operator subject to the provisions of this subpart 
shall install, calibrate, maintain, and operate a monitoring device for 
the continuous measurement of the scrubbing liquid flow rate to a wet 
scrubber for any affected facility using any type of wet scrubbing 
emission control device. The monitoring device must be certified by the 
manufacturer to be accurate within 5 percent of 
design scrubbing liquid flow rate and must be calibrated on at least an 
annual basis in accordance with manufacturer's instructions.



Sec.  60.385  Recordkeeping and reporting requirements.

    (a) The owner or operator subject to the provisions of this subpart 
shall conduct a performance test and submit to the Administrator a 
written report of the results of the test as specified in Sec.  60.8(a).
    (b) During the initial performance test of a wet scrubber, and at 
least weekly thereafter, the owner or operator shall record the 
measurements of both the change in pressure of the gas stream across the 
scrubber and the scrubbing liquid flow rate.
    (c) After the initial performance test of a wet scrubber, the owner 
or operator shall submit semiannual reports to the Administrator of 
occurrences when the measurements of the scrubber pressure loss (or 
gain) or liquid flow rate differ by more than 30 
percent from the average obtained during the most recent performance 
test.
    (d) The reports required under paragraph (c) shall be postmarked 
within 30 days following the end of the second and fourth calendar 
quarters.
    (e) The requirements of this subsection remain in force until and 
unless the Agency, in delegating enforcement authority to a State under 
section 111(c) of the Act, approves reporting requirements or an 
alternative means of compliance surveillance adopted by such States. In 
that event, affected sources within the State will be relieved of the 
obligation to comply with this subsection, provided that they comply 
with requirements established by the State.

[49 FR 6464, Feb. 21, 1984, as amended at 54 FR 6676, Feb. 14, 1989; 65 
FR 61760, Oct. 17, 2000]



Sec.  60.386  Test methods and procedures.

    (a) In conducting the performance tests required in Sec.  60.8, the 
owner or operator shall use as reference methods and procedures the test 
methods in appendix A of this part or other methods and procedures as 
specified in this section, except as provided in Sec.  60.8(b).
    (b) The owner or operator shall determine complance with the 
particulate matter standards Sec.  60.382 as follows:
    (1) Method 5 or 17 shall be used to determine the particulate matter 
concentration. The sample volume for each run shall be at least 1.70 
dscm (60 dscf). The sampling probe and filter holder of Method 5 may be 
operated without heaters if the gas stream being sampled is at ambient 
temperature. For gas streams above ambient temperature, the Method 5 
sampling train shall be operated with a probe and filter temperature 
slightly above the effluent temperature (up to a maximum filter 
temperature of 121 [deg]C (250 [deg]F)) in order to prevent water 
condensation on the filter.
    (2) Method 9 and the procedures in Sec.  60.11 shall be used to 
determine opacity from stack emissions and process fugitive emissions. 
The observer shall read opacity only when emissions are clearly 
identified as emanating solely from the affected facility being 
observed. A single visible emission observer may conduct visible 
emission observations for up to three fugitive, stack, or vent emission 
points within a 15-second interval. This option is subject to the 
following limitations:
    (i) No more than three emission points are read concurrently;

[[Page 548]]

    (ii) All three emission points must be within a 70[deg] viewing 
sector or angle in front of the observer such that the proper sun 
position can be maintained for all three points; and
    (iii) If an opacity reading for any one of the three emission points 
is within 5 percent opacity of the application standard, then the 
observer must stop taking readings for the other two points and continue 
reading just that single point.
    (c) To comply with Sec.  60.385(c), the owner or operator shall use 
the monitoring devices in Sec.  60.384(a) and (b) to determine the 
pressure loss of the gas stream through the scrubber and scrubbing 
liquid flow rate at any time during each particulate matter run, and the 
average of the three determinations shall be computed.

[54 FR 6676, Feb. 14, 1989, as amended at 65 FR 61760, Oct. 17, 2000; 79 
FR 11250, Feb. 27, 2014]



Subpart MM_Standards of Performance for Automobile and Light Duty Truck 
                       Surface Coating Operations

    Source: 45 FR 85415, Dec. 24, 1980, unless otherwise noted.



Sec.  60.390  Applicability and designation of affected facility.

    (a) The provisions of this subpart apply to the following affected 
facilities in an automobile or light-duty truck assembly plant: each 
prime coat operation, each guide coat operation, and each topcoat 
operation.
    (b) Exempted from the provisions of this subpart are operations used 
to coat plastic body components or all-plastic automobile or light-duty 
truck bodies on separate coating lines. The attachment of plastic body 
parts to a metal body before the body is coated does not cause the metal 
body coating operation to be exempted.
    (c) The provisions of this subpart apply to any affected facility 
identified in paragraph (a) of this section that begins construction, 
reconstruction, or modification after October 5, 1979.



Sec.  60.391  Definitions.

    (a) All terms used in this subpart that are not defined below have 
the meaning given to them in the Act and in subpart A of this part.
    Applied coating solids means the volume of dried or cured coating 
solids which is deposited and remains on the surface of the automobile 
or light-duty truck body.
    Automobile means a motor vehicle capable of carrying no more than 12 
passengers.
    Automobile and light-duty truck body means the exterior surface of 
an automobile or light-duty truck including hoods, fenders, cargo boxes, 
doors, and grill opening panels.
    Bake oven means a device that uses heat to dry or cure coatings.
    Electrodeposition (EDP) means a method of applying a prime coat by 
which the automobile or light-duty truck body is submerged in a tank 
filled with coating material and an electrical field is used to effect 
the deposition of the coating material on the body.
    Electrostatic spray application means a spray application method 
that uses an electrical potential to increase the transfer efficiency of 
the coating solids. Electrostatic spray application can be used for 
prime coat, guide coat, or topcoat operations.
    Flash-off area means the structure on automobile and light-duty 
truck assembly lines between the coating application system (dip tank or 
spray booth) and the bake oven.
    Guide coat operation means the guide coat spray booth, flash-off 
area and bake oven(s) which are used to apply and dry or cure a surface 
coating between the prime coat and topcoat operation on the components 
of automobile and light-duty truck bodies.
    Light-duty truck means any motor vehicle rated at 3,850 kilograms 
gross vehicle weight or less, designed mainly to transport property.
    Plastic body means an automobile or light-duty truck body 
constructed of synthetic organic material.
    Plastic body component means any component of an automobile or 
light-duty truck exterior surface constructed of synthetic organic 
material.

[[Page 549]]

    Prime coat operation means the prime coat spray booth or dip tank, 
flash-off area, and bake oven(s) which are used to apply and dry or cure 
the initial coating on components of automobile or light-duty truck 
bodies.
    Purge or line purge means the coating material expelled from the 
spray system when clearing it.
    Solids Turnover Ratio (RT) means the ratio of total 
volume of coating solids that is added to the EDP system in a calendar 
month divided by the total volume design capacity of the EDP system.
    Solvent-borne means a coating which contains five percent or less 
water by weight in its volatile fraction.
    Spray application means a method of applying coatings by atomizing 
the coating material and directing the atomized material toward the part 
to be coated. Spray applications can be used for prime coat, guide coat, 
and topcoat operations.
    Spray booth means a structure housing automatic or manual spray 
application equipment where prime coat, guide coat, or topcoat is 
applied to components of automobile or light-duty truck bodies.
    Surface coating operation means any prime coat, guide coat, or 
topcoat operation on an automobile or light-duty truck surface coating 
line.
    Topcoat operation means the topcoat spray booth, flash-off area, and 
bake oven(s) which are used to apply and dry or cure the final 
coating(s) on components of automobile and light-duty truck bodies.
    Transfer efficiency means the ratio of the amount of coating solids 
transferred onto the surface of a part or product to the total amount of 
coating solids used.
    VOC content means all volatile organic compounds that are in a 
coating expressed as kilograms of VOC per liter of coating solids.
    Volume Design Capacity of EDP System (LE) means the total liquid 
volume that is contained in the EDP system (tank, pumps, recirculating 
lines, filters, etc.) at its designed liquid operating level.
    Waterborne or water reducible means a coating which contains more 
than five weight percent water in its volatile fraction.
    (b) The nomenclature used in this subpart has the following 
meanings:

Caj = concentration of VOC (as carbon) in the effluent gas 
          flowing through stack (j) leaving the control device (parts 
          per million by volume),
Cbi = concentration of VOC (as carbon) in the effluent gas 
          flowing through stack (i) entering the control device (parts 
          per million by volume),
Cfk = concentration of VOC (as carbon) in the effluent gas 
          flowing through exhaust stack (k) not entering the control 
          device (parts per million by volume),
Dci = density of each coating (i) as received (kilograms per 
          liter),
Ddj = density of each type VOC dilution solvent (j) added to 
          the coatings, as received (kilograms per liter),
Dr = density of VOC recovered from an affected facility 
          (kilograms per liter),
E = VOC destruction or removal efficiency of the control device,
F = fraction of total VOC which is emitted by an affected facility that 
          enters the control device,
G = volume weighted average mass of VOC per volume of applied solids 
          (kilograms per liter),
Lci = volume of each coating (i) consumed, as received 
          (liters),
Lcil = Volume of each coating (i) consumed by each 
          application method (l), as received (liters),
Ldj = volume of each type VOC dilution solvent (j) added to 
          the coatings, as received (liters),
Lr = volume of VOC recovered from an affected facility 
          (liters),
Ls = volume of solids in coatings consumed (liters),
LE = the total volume of the EDP system (liters),
Md = total mass of VOC in dilution solvent (kilograms),
M0 = total mass of VOC in coatings as received (kilograms),
Mr = total mass of VOC recovered from an affected facility 
          (kilograms),
N = volume weighted average mass of VOC per volume of applied coating 
          solids after the control device
          [GRAPHIC] [TIFF OMITTED] TC16NO91.024
          
Qaj = volumetric flow rate of the effluent gas flowing 
          through stack (j) leaving the control device (dry standard 
          cubic meters per hour),
Qbi = volumetric flow rate of the effluent gas flowing 
          through stack (i) entering the control device (dry standard 
          cubic meters per hour),

[[Page 550]]

Qfk = volumetric flow rate of the effluent gas flowing 
          through exhaust stack (k) not entering the control device (dry 
          standard cubic meters per hour),
T = overall transfer efficiency,
Tl = transfer efficiency for application method (l),
Vsi = proportion of solids by volume in each coating (i) as 
          received
          [GRAPHIC] [TIFF OMITTED] TC16NO91.025
          
Woi = proportion of VOC by weight in each coating (i), as 
          received
          [GRAPHIC] [TIFF OMITTED] TC16NO91.026
          

[45 FR 85415, Dec. 24, 1980, as amended at 59 FR 51386, Oct. 11, 1994; 
65 FR 61760, Oct. 17, 2000]



Sec.  60.392  Standards for volatile organic compounds.

    On and after the date on which the initial performance test required 
by Sec.  60.8 is completed, no owner or operator subject to the 
provisions of this subpart shall discharge or cause the discharge into 
the atmosphere from any affected facility VOC emissions in excess of:
    (a) Prime Coat Operation. (1) For each EDP prime coat operation:
    (i) 0.17 kilogram of VOC per liter of applied coating solids when 
RT is 0.16 or greater.
    (ii) 0.17 x 350 (0.160-RT) kg of VOC per liter 
of applied coating solids when RT is greater than or equal to 
0.040 and less than 0.160.
    (iii) When RT is less than 0.040, there is no emission 
limit.
    (2) For each nonelectrodeposition prime coat operation: 0.17 
kilogram of VOC per liter of applied coating solids.
    (b) 1.40 kilograms of VOC per liter of applied coating solids from 
each guide coat operation.
    (c) 1.47 kilograms of VOC per liter of applied coating solids from 
each topcoat operation.

[45 FR 85415, Dec. 24, 1980, as amended at 59 FR 51386, Oct. 11, 1994]



Sec.  60.393  Performance test and compliance provisions.

    (a) Section 60.8 (d) and (f) do not apply to the performance test 
procedures required by this section.
    (b) The owner or operator of an affected facility shall conduct an 
initial performance test in accordance with Sec.  60.8(a) and thereafter 
for each calendar month for each affected facility according to the 
procedures in this section.
    (c) The owner or operator shall use the following procedures for 
determining the monthly volume weighted average mass of VOC emitted per 
volume of applied coating solids.
    (1) The owner or operator shall use the following procedures for 
each affected facility which does not use a capture system and a control 
device to comply with the applicable emission limit specified under 
Sec.  60.392.
    (i) Calculate the volume weighted average mass of VOC per volume of 
applied coating solids for each calendar month for each affected 
facility. The owner or operator shall determine the composition of the 
coatings by formulation data supplied by the manufacturer of the coating 
or from data determined by an analysis of each coating, as received, by 
Method 24. The Administrator may require the owner or operator who uses 
formulation data supplied by the manufacturer of the coating to 
determine data used in the calculation of the VOC content of coatings by 
Method 24 or an equivalent or alternative method. The owner or operator 
shall determine from company records on a monthly basis the volume of 
coating consumed, as received, and the mass of solvent used for thinning 
purposes. The volume weighted average of the total mass of VOC per 
volume of coating solids used each calendar month will be determined by 
the following procedures.
    (A) Calculate the mass of VOC used in each calendar month for each 
affected facility by the following equation where ``n'' is the total 
number of coatings used and ``m'' is the total number of VOC solvents 
used:

[[Page 551]]

[GRAPHIC] [TIFF OMITTED] TC16NO91.027

[[Sigma]LdjDdj will be zero if no VOC 
          solvent is added to the coatings, as received].

    (B) Calculate the total volume of coating solids used in each 
calendar month for each affected facility by the following equation 
where ``n'' is the total number of coatings used:
[GRAPHIC] [TIFF OMITTED] TC16NO91.028

    (C) Select the appropriate transfer efficiency (T) from the 
following tables for each surface coating operation:

------------------------------------------------------------------------
                                                               Transfer
                     Application method                       efficiency
------------------------------------------------------------------------
Air Atomized Spray (waterborne coating).....................        0.39
Air Atomized Spray (solvent-borne coating)..................        0.50
Manual Electrostatic Spray..................................        0.75
Automatic Electrostatic Spray...............................        0.95
Electrodeposition...........................................        1.00
------------------------------------------------------------------------


The values in the table above represent an overall system efficiency 
which includes a total capture of purge. If a spray system uses line 
purging after each vehicle and does not collect any of the purge 
material, the following table shall be used:

------------------------------------------------------------------------
                                                               Transfer
                     Application method                       efficiency
------------------------------------------------------------------------
Air Atomized Spray (waterborne coating).....................        0.30
Air Atomized Spray (solvent-borne coating)..................        0.40
Manual Electrostatic Spray..................................        0.62
Automatic Electrostatic Spray...............................        0.75
------------------------------------------------------------------------


If the owner or operator can justify to the Administrator's satisfaction 
that other values for transfer efficiencies are appropriate, the 
Administrator will approve their use on a case-by-case basis.
    (1) When more than one application method (l) is used on an 
individual surface coating operation, the owner or operator shall 
perform an analysis to determine an average transfer efficiency by the 
following equation where ``n'' is the total number of coatings used and 
``p'' is the total number of application methods:
[GRAPHIC] [TIFF OMITTED] TC16NO91.029

    (D) Calculate the volume weighted average mass of VOC per volume of 
applied coating solids (G) during each calendar month for each affected 
facility by the following equation:
[GRAPHIC] [TIFF OMITTED] TC16NO91.030

    (E) For each EDP prime coat operation, calculate the turnover ratio 
(RT) by the following equation:
[GRAPHIC] [TIFF OMITTED] TR11OC94.000


Then calculate or select the appropriate limit according to Sec.  
60.392(a).
    (ii) If the volume weighted average mass of VOC per volume of 
applied coating solids (G), calculated on a calendar month basis, is 
less than or equal to the applicable emission limit specified in Sec.  
60.392, the affected facility is in compliance. Each monthly calculation 
is a performance test for the purpose of this subpart.
    (2) The owner or operator shall use the following procedures for 
each affected facility which uses a capture system and a control device 
that destroys VOC (e.g., incinerator) to comply with the applicable 
emission limit specified under Sec.  60.392.
    (i) Calculate the volume weighted average mass of VOC per volume of 
applied coating solids (G) during each calendar month for each affected 
facility as described under Sec.  60.393(c)(1)(i).

[[Page 552]]

    (ii) Calculate the volume weighted average mass of VOC per volume of 
applied solids emitted after the control device, by the following 
equation: N = G[1-FE]
    (A) Determine the fraction of total VOC which is emitted by an 
affected facility that enters the control device by using the following 
equation where ``n'' is the total number of stacks entering the control 
device and ``p'' is the total number of stacks not connected to the 
control device:
[GRAPHIC] [TIFF OMITTED] TR17OC00.011


If the owner can justify to the Administrator's satisfaction that 
another method will give comparable results, the Administrator will 
approve its use on a case-by-case basis.
    (1) In subsequent months, the owner or operator shall use the most 
recently determined capture fraction for the performance test.
    (B) Determines the destruction efficiency of the control device 
using values of the volumetric flow rate of the gas streams and the VOC 
content (as carbon) of each of the gas streams in and out of the device 
by the following equation where ``n'' is the total number of stacks 
entering the control device and ``m'' is the total number of stacks 
leaving the control device:
[GRAPHIC] [TIFF OMITTED] TC01JN92.014

    (1) In subsequent months, the owner or operator shall use the most 
recently determined VOC destruction efficiency for the performance test.
    (C) If an emission control device controls the emissions from more 
than one affected facility, the owner or operator shall measure the VOC 
concentration (Cbi) in the effluent gas entering the control 
device (in parts per million by volume) and the volumetric flow rate 
(Qbi) of the effluent gas (in dry standard cubic meters per 
hour) entering the device through each stack. The destruction or removal 
efficiency determined using these data shall be applied to each affected 
facility served by the control device.
    (iii) If the volume weighted average mass of VOC per volume of 
applied solids emitted after the control device (N) calculated on a 
calendar month basis is less than or equal to the applicable emission 
limit specified in Sec.  60.392, the affected facility is in compliance. 
Each monthly calculation is a performance test for the purposes of this 
subpart.
    (3) The owner or operator shall use the following procedures for 
each affected facility which uses a capture system and a control device 
that recovers the VOC (e.g., carbon adsorber) to comply with the 
applicable emission limit specified under Sec.  60.392.
    (i) Calculate the mass of VOC (Mo + Md) used 
during each calendar month for each affected facility as described under 
Sec.  60.393(c)(1)(i).
    (ii) Calculate the total volume of coating solids (Ls) 
used in each calendar month for each affected facility as described 
under Sec.  60.393(c)(1)(i).
    (iii) Calculate the mass of VOC recovered (Mr) each 
calendar month for each affected facility by the following equation: 
Mr = Lr Dr
    (iv) Calculate the volume weighted average mass of VOC per volume of 
applied coating solids emitted after the control device during a 
calendar month by the following equation:
[GRAPHIC] [TIFF OMITTED] TC16NO91.031

    (v) If the volume weighted average mass of VOC per volume of applied 
solids emitted after the control device (N) calculated on a calendar 
month basis is less than or equal to the applicable emission limit 
specified in Sec.  60.392, the affected facility is in compliance. Each 
monthly calculation is a performance test for the purposes of this 
subpart.

[45 FR 85415, Dec. 24, 1980, as amended at 59 FR 51387, Oct. 11, 1994; 
65 FR 61760, Oct. 17, 2000]



Sec.  60.394  Monitoring of emissions and operations.

    The owner or operator of an affected facility which uses an 
incinerator to

[[Page 553]]

comply with the emission limits specified under Sec.  60.392 shall 
install, calibrate, maintain, and operate temperature measurement 
devices as prescribed below:
    (a) Where thermal incineration is used, a temperature measurement 
device shall be installed in the firebox. Where catalytic incineration 
is used, a temperature measurement device shall be installed in the gas 
stream immediately before and after the catalyst bed.
    (b) Each temperature measurement device shall be installed, 
calibrated, and maintained according to accepted practice and the 
manufacturer's specifications. The device shall have an accuracy of the 
greater of 5 percent of the temperature being 
measured expressed in degrees Celsius or 2.5 
[deg]C.
    (c) Each temperature measurement device shall be equipped with a 
recording device so that a permanent record is produced.



Sec.  60.395  Reporting and recordkeeping requirements.

    (a) Each owner or operator of an affected facility shall include the 
data outlined in paragraphs (a)(1) and (2) in the initial compliance 
report required by Sec.  60.8.
    (1) The owner or operator shall report the volume weighted average 
mass of VOC per volume of applied coating solids for each affected 
facility.
    (2) Where compliance is achieved through the use of incineration, 
the owner or operator shall include the following additional data in the 
control device initial performance test requried by Sec.  60.8(a) or 
subsequent performance tests at which destruction efficiency is 
determined: the combustion temperature (or the gas temperature upstream 
and downstream of the catalyst bed), the total mass of VOC per volume of 
applied coating solids before and after the incinerator, capture 
efficiency, the destruction efficiency of the incinerator used to attain 
compliance with the applicable emission limit specified in Sec.  60.392 
and a description of the method used to establish the fraction of VOC 
captured and sent to the control device.
    (b) Following the initial performance test, the owner or operator of 
an affected facility shall identify, record, and submit a written report 
to the Administrator every calendar quarter of each instance in which 
the volume-weighted average of the total mass of VOC's emitted to the 
atmosphere per volume of applied coating solids (N) is greater than the 
limit specified under Sec.  60.392. If no such instances have occurred 
during a particular quarter, a report stating this shall be submitted to 
the Administrator semiannually. Where compliance is achieved through the 
use of a capture system and control device, the volume-weighted average 
after the control device should be reported.
    (c) Where compliance with Sec.  60.392 is achieved through the use 
of incineration, the owner or operator shall continuously record the 
incinerator combustion temperature during coating operations for thermal 
incineration or the gas temperature upstream and downstream of the 
incinerator catalyst bed during coating operations for catalytic 
incineration. The owner or operator shall submit a written report at the 
frequency specified in Sec.  60.7(c) and as defined below.
    (1) For thermal incinerators, every three-hour period shall be 
reported during which the average temperature measured is more than 28 
[deg]C less than the average temperature during the most recent control 
device performance test at which the destruction efficiency was 
determined as specified under Sec.  60.393.
    (2) For catalytic incinerators, every three-hour period shall be 
reported during which the average temperature immediately before the 
catalyst bed, when the coating system is operational, is more than 28 
[deg]C less than the average temperature immediately before the catalyst 
bed during the most recent control device performance test at which 
destruction efficiency was determined as specified under Sec.  60.393. 
In addition, every three-hour period shall be reported each quarter 
during which the average temperature difference across the catalyst bed 
when the coating system is operational is less than 80 percent of the 
average temperature difference of the device during the

[[Page 554]]

most recent control device performance test at which destruction 
efficiency was determined as specified under Sec.  60.393.
    (3) For thermal and catalytic incinerators, if no such periods 
occur, the owner or operator shall submit a negative report.
    (d) The owner or operator shall notify the Administrator 30 days in 
advance of any test by Method 25.

[45 FR 85415, Dec. 24, 1980, as amended at 55 FR 51383, Dec. 13, 1990; 
65 FR 61760, Oct. 17, 2000]



Sec.  60.396  Reference methods and procedures.

    (a) The reference methods in appendix A to this part, except as 
provided in Sec.  60.8 shall be used to conduct performance tests.
    (1) Method 24 or an equivalent or alternative method approved by the 
Administrator shall be used for the determination of the data used in 
the calculation of the VOC content of the coatings used for each 
affected facility. Manufacturers' formulation data is approved by the 
Administrator as an alternative method to Method 24. In the event of 
dispute, Method 24 shall be the referee method.
    (2) Method 25 or an equivalent or alternative method approved by the 
Administrator shall be used for the determination of the VOC 
concentration in the effluent gas entering and leaving the emission 
control device for each stack equipped with an emission control device 
and in the effluent gas leaving each stack not equipped with a control 
device.
    (3) The following methods shall be used to determine the volumetric 
flow rate in the effluent gas in a stack:
    (i) Method 1 for sample and velocity traverses,
    (ii) Method 2 for velocity and volumetric flow rate,
    (iii) Method 3 for gas analysis, and
    (iv) Method 4 for stack gas moisture.
    (b) For Method 24, the coating sample must be a 1-liter sample taken 
in a 1-liter container.
    (c) For Method 25, the sampling time for each of three runs must be 
at least one hour. The minimum sample volume must be 0.003 dscm except 
that shorter sampling times or smaller volumes, when necessitated by 
process variables or other factors, may be approved by the 
Administrator. The Administrator will approve the sampling of 
representative stacks on a case-by-case basis if the owner or operator 
can demonstrate to the satisfaction of the Administrator that the 
testing of representative stacks would yield results comparable to those 
that would be obtained by testing all stacks.

[45 FR 85415, Dec. 24, 1980, as amended at 65 FR 61760, Oct. 17, 2000]



Sec.  60.397  Modifications.

    The following physical or operational changes are not, by 
themselves, considered modifications of existing facilities:
    (a) Changes as a result of model year changeovers or switches to 
larger cars.
    (b) Changes in the application of the coatings to increase coating 
film thickness.



Sec.  60.398  Innovative technology waivers.

    (a) General Motors Corporation, Wentzville, Missouri, automobile 
assembly plant. (1) Pursuant to section 111(j) of the Clean Air Act, 42 
U.S.C. 7411(j), each topcoat operation at General Motors Corporation 
automobile assembly plant located in Wentzville, Missouri, shall comply 
with the following conditions:
    (i) The General Motors Corporation shall obtain the necessary 
permits as required by section 173 of the Clean Air Act, as amended 
August 1977, to operate the Wentzville assembly plant.
    (ii) Commencing on February 4, 1983, and continuing to December 31, 
1986, or until the base coat/clear coat topcoat system that can achieve 
the standard specified in 40 CFR 60.392(c) (Dec. 24, 1980) is 
demonstrated to the Administrator's satisfaction the General Motors 
Corporation shall limit the discharge of VOC emissions to the atmosphere 
from each topcoat operation at the Wentzville, Missouri, assembly plant, 
to either:
    (A) 1.9 kilograms of VOC per liter of applied coating solids from 
base coat/clear coat topcoats, and 1.47 kilograms of VOC per liter of 
applied coating solids from all other topcoat coatings; or

[[Page 555]]

    (B) 1.47 kilograms of VOC per liter of applied coating solids from 
all topcoat coatings.
    (iii) Commencing on the day after the expiration of the period 
described in paragraph (a)(1)(ii) of this section, and continuing 
thereafter, emissions of VOC from each topcoat operations shall not 
exceed 1.47 kilograms of VOC per liter of applied coating solids as 
specified in 40 CFR 60.392(c) (Dec. 24, 1980).
    (iv) Each topcoat operation shall comply with the provisions of 
Sec. Sec.  60.393, 60.394, 60.395, 60.396, and 60.397. Separate 
calculations shall be made for base coat/clear coat coatings and all 
other topcoat coatings when necessary to demonstrate compliance with the 
emission limits in paragraph (a)(1)(ii)(A) of this section.
    (v) A technology development report shall be sent to EPA Region VII, 
324 East 11th Street, Kansas City, MO 64106, postmarked before 60 days 
after the promulgation of this waiver and annually thereafter while this 
waiver is in effect. The technology development report shall summarize 
the base coat/clear coat development work including the results of 
exposure and endurance tests of the various coatings being evaluated. 
The report shall include an updated schedule of attainment of 40 CFR 
60.392(c) (Dec. 24, 1980) based on the most current information.
    (2) This waiver shall be a federally promulgated standard of 
performance. As such, it shall be unlawful for General Motors 
Corporation to operate a topcoat operation in violation of the 
requirements established in this waiver. Violation of the terms and 
conditions of this waiver shall subject the General Motors Corporation 
to enforcement under section 113 (b) and (c), 42 U.S.C. 7412 (b) and 
(c), and section 120, 42 U.S.C. 7420, of the Act as well as possible 
citizen enforcement under section 304 of the Act, 42 U.S.C. 7604.
    (b) General Motors Corporation, Detroit, Michigan, Automobile 
Assembly plant. (1) Pursuant to section 111(j) of the Clean Air Act, 42 
U.S.C. 7411(j), each topcoat operation at General Motors Corporation's 
automobile assembly plant located in Detroit, MI, shall comply with the 
following conditions:
    (i) The General Motors Corporation shall obtain the necessary 
permits as required by section 173 of the Clean Air Act, as amended 
August 1977, to operate the Detroit assembly plant.
    (ii) Commencing on February 4, 1983, and continuing to December 31, 
1986, or until the base coat/clear coat topcoat system that can achieve 
the standard specified in 40 CFR 60.392(c) (Dec. 24, 1980), is 
demonstrated to the Administrator's satisfaction, the General Motors 
Corporation shall limit the discharge of VOC emissions to the atmosphere 
from each topcoat operation at the Detroit, MI, assembly plant, to 
either:
    (A) 1.9 kilograms of VOC per liter of applied coating solids from 
base coat/clear coat topcoats, and 1.47 kilograms of VOC per liter of 
applied coating solids from all other topcoat coatings; or
    (B) 1.47 kilograms of VOC per liter of applied coating solids from 
all topcoat coatings.
    (iii) Commencing on the day after the expiration of the period 
described in paragraph (b)(ii) of this section, and continuing 
thereafter, emissions of VOC from each topcoat operation shall not 
exceed 1.47 kilograms of VOC per liter of applied coating solids as 
specified in 40 CFR 60.392(c) (December 24, 1980).
    (iv) Each topcoat operation shall comply with the provisions of 
Sec. Sec.  60.393, 60.394, 60.395, 60.396, and 60.397. Separate 
calculations shall be made for base coat/clear coat coatings and all 
other topcoat coatings when necessary to demonstrate compliance with the 
emission limits in paragraph (b)(1)(ii)(A) of this section.
    (v) A technology development report shall be sent to EPA Region V, 
230 South Dearborn Street, Chicago, IL 60604, postmarked before 60 days 
after the promulgation of this waiver and annually thereafter while this 
waiver is in effect. The technology development report shall summarize 
the base coat/clear coat development work including the results of 
exposure and endurance tests of the various coatings being evaluated. 
The report shall include an updated schedule of attainment of 40 CFR 
60.392(c) (Dec. 24, 1980) based on the most current information.

[[Page 556]]

    (2) This waiver shall be a federally promulgated standard of 
performance. As such, it shall be unlawful for General Motors 
Corporation to operate a topcoat operation in violation of the 
requirements established in this waiver. Violation of the terms and 
conditions of this waiver shall subject the General Motors Corporation 
to enforcement under section 113 (b) and (c), 42 U.S.C. 7412 (b) and 
(c), and section 120, 42 U.S.C. 7420, of the Act as well as possible 
citizen enforcement under section 304 of the Act, 42 U.S.C. 7604.
    (c) General Motors Corporation, Orion Township, MI, automobile 
assembly plant. (1) Pursuant to section 111(j) of the Clean Air Act, 42 
U.S.C. 7411(j), each topcoat operation at General Motors Corporation 
automobile assembly plant located in Orion Township, MI, shall comply 
with the following conditions:
    (i) The General Motors Corporation shall obtain the necessary 
permits as required by section 173 of the Clean Air Act, as amended 
August 1977, to operate the Orion Township assembly plant.
    (ii) Commencing on February 4, 1983, and continuing to December 31, 
1986, or until the base coat/clear coat topcoat system that can achieve 
the standard specified in 40 CFR 60.392(c) (Dec. 24, 1980) is 
demonstrated to the Administrator's satisfaction, the General Motors 
Corporation shall limit the discharge of VOC emissions to the atmosphere 
from each topcoat operation at the Orion Township, MI, assembly plant, 
to either:
    (A) 1.9 kilograms of VOC per liter of applied coating solids from 
base coat/clear coat topcoats, and 1.47 kilograms of VOC per liter of 
applied coating solids from all other topcoat coatings; or
    (B) 1.47 kilograms of VOC per liter of applied coating solids from 
all topcoat coatings.
    (iii) Commencing on the day after the expiration of the period 
described in paragraph (c)(l)(ii) of this section and continuing 
thereafter, emissions of VOC from each topcoat operation shall not 
exceed 1.47 kilograms of VOC per liter of applied coating solids as 
specified in 40 CFR 60.392(c) (Dec. 24, 1980).
    (iv) Each topcoat operation shall comply with the provisions of 
Sec. Sec.  60.393, 60.394, 60.395, 60.396, and 60.397. Separate 
calculations shall be made for base coat/clear coat coatings and all 
other topcoat coatings when necessary to demonstrate compliance with the 
emission limits in paragraph (c)(l) (ii)(A) of this section.
    (v) A technology development report shall be sent to EPA Region V, 
230 South Dearborn Street, Chicago, IL 60604, postmarked before 60 days 
after the promulgation of this waiver and annually thereafter while this 
waiver is in effect. The technology development report shall summarize 
the base coat/clear coat development work including the results of 
exposure and endurance tests of the various coatings being evaluated. 
The report shall include an updated schedule of attainment of 40 CFR 
60.392(c) (December 24, 1980) based on the most current information.
    (2) This waiver shall be a federally promulgated standard of 
performance. As such, it shall be unlawful for General Motors 
Corporation to operate a topcoat operation in violation of the 
requirements established in this waiver. Violation of the terms and 
conditions of this waiver shall subject the General Motors Corporation 
to enforcement under section 113 (b) and (c), 42 U.S.C. 7412 (b) and 
(c), and section 120, 42 U.S.C. 7420, of the Act as well as possible 
citizen enforcement under section 304 of the Act, 42 U.S.C. 7604.
    (d) Honda of America Manufacturing, Incorporated (Honda), 
Marysville, Ohio, automobile assembly plant. (1) Pursuant to section 
111(j) of the Clean Air Act, 42 U.S.C. 7411(j), each topcoat operation 
at Honda's automobile assembly plant located in Marysville, OH, shall 
comply with the following conditions:
    (i) Honda shall obtain the necessary permits as required by section 
173 of the Clean Air Act, as amended August 1977, to operate the 
Marysville assembly plant.
    (ii) Commencing on February 4, 1983, and continuing for 4 years or 
to December 31, 1986, whichever is sooner, or until the base coat/clear 
coat topcoat system that can achieve the standard specified in 40 CFR 
60.392(c) (Dec. 24, 1980) is demonstrated to the Administrator's 
satisfaction, Honda shall limit the discharge of VOC emissions to the

[[Page 557]]

atmosphere from each topcoat operation at Marysville, OH, assembly 
plant, to either:
    (A) 3.1 kilograms of VOC per liter of applied coating solids from 
base coat/clear coat topcoats, and 1.47 kilograms of VOC per liter of 
applied coating solids from all other topcoat coatings; or
    (B) 1.47 kilograms of VOC per liter of applied coating solids from 
all topcoat coatings.
    (iii) Commencing on the day after the expiration of the period 
described in paragraph (d)(1)(ii) of this section and continuing 
thereafter, emissions of VOC from each topcoat operation shall not 
exceed 1.47 kilograms of VOC per liter of applied coating solids as 
specified in 40 CFR 60.392(c) (December 24, 1980).
    (iv) Each topcoat operation shall comply with the provisions of 
Sec. Sec.  60.393, 60.394, 60.395, 60.396, and 60.397. Separate 
calculations shall be made for base coat/clear coat coatings and all 
other topcoat coatings when necessary to demonstrate compliance with the 
emission limits in paragraph (d)(1)(ii)(A) of this section.
    (v) A technology development report shall be sent to EPA Region V, 
230 South Dearborn Street, Chicago, IL 60604, postmarked before 60 days 
after the promulgation of this waiver and annually thereafter while this 
waiver is in effect. The technology development report shall summarize 
the base coat/clear coat development work including the results of 
exposure and endurance tests of the various coatings being evaluated. 
The report shall include an updated schedule of attainment of 40 CFR 
60.392(c) (Dec. 24, 1980) based on the most current information.
    (2) This waiver shall be a federally promulgated standard of 
performance. As such, it shall be unlawful for Honda to operate a 
topcoat operation in violation of the requirements established in this 
waiver. Violation of the terms and conditions of this waiver shall 
subject Honda to enforcement under section 113(b) and (c), 42 U.S.C. 
7412(b) and (c), and section 120, 42 U.S.C. 7420, of the Act as well as 
possible citizen enforcement under section 304 of the Act, 42 U.S.C. 
7604.
    (e) Nissan Motor Manufacturing Corporation, U.S.A. (Nissan), Smyrna, 
TN, light-duty truck assembly plant. (1) Pursuant to section 111(j) of 
the Clean Air Act, 42 U.S.C. 7411(j), each topcoat operation at Nissan's 
light-duty truck assembly plant located in Smyrna, Tennessee, shall 
comply with the following conditions:
    (i) Nissan shall obtain the necessary permits as required by section 
173 of the Clean Air Act, as amended August 1977, to operate the Smyrna 
assembly plant.
    (ii) Commencing on February 4, 1983, and continuing for 4 years or 
to December 31, 1986, whichever is sooner, or until the base coat/clear 
coat topcoat system that can achieve the standard specified in 40 CFR 
60.392(c) (Dec. 24, 1980), is demonstrated to the Administrator's 
satisfaction, Nissan shall limit the discharge of VOC emissions to the 
atmosphere from each topcoat operation at the Smyrna, TN, assembly 
plant, to either:
    (A) 2.3 kilograms of VOC per liter of applied coating solids from 
base coat/clear coat topcoats, and 1.47 kilograms of VOC per liter of 
applied coating solids from all other topcoat coatings; or
    (B) 1.47 kilograms of VOC per liter of applied coating solids from 
all topcoat coatings.
    (iii) Commencing on the day after the expiration of the period 
described in paragraph (e)(1)(ii) of this section and continuing 
thereafter, emissions of VOC from each topcoat operation shall not 
exceed 1.47 kilograms of VOC per liter of applied coating solids as 
specified in 40 CFR 60.392(c) (Dec. 24, 1980).

Each topcoat operation shall comply with the provisions of Sec. Sec.  
60.393, 60.394, 60.395, 60.396, and 60.397. Separate calculations shall 
be made for base coat/clear coat coatings and all other topcoat coatings 
when necessary to demonstrate compliance with the emission limits in 
paragraph (e)(1)(ii)(A) of this section.
    (f) Chrysler Corporation, Sterling Heights, MI, automobile assembly 
plant. (1) Pursuant to section 111(j) of the Clean Air Act, 42 U.S.C. 
7411(j), each topcoat operation at Chrysler Corporation's automobile 
assembly plant located in Sterling Heights, MI, shall comply with the 
following conditions:
    (i) The Chrysler Corporation shall obtain the necessary permits as 
required

[[Page 558]]

under Parts C and D of the Clean Air Act, as amended August 1977, to 
operate the Sterling Heights assembly plant.
    (ii) Commencing on September 9, 1985, and continuing to December 31, 
1986, or until the basecoat/clearcoat (BC/CC) topcoat system that can 
achieve the standard specified under Sec.  60.392(c) of this subpart is 
demonstrated to the Administrator's satisfaction, whichever is sooner, 
the Chrysler Corporation shall limit the discharge of VOC emissions to 
the atmosphere from each topcoat operation at the Sterling Heights, MI 
assembly plant, to either:
    (A) 1.7 kilograms of VOC per liter of applied coating solids from 
BC/CC topcoats, and 1.47 kilograms of VOC per liter of applied coating 
solids from all other topcoat coatings; or
    (B) 1.47 kilograms of VOC per liter of applied coating solids from 
all topcoat coatings.
    (iii) Commencing on the day after the expiration of the period 
described in paragraph (f)(1)(ii) and continuing thereafter, emissions 
of VOC's from each topcoat operation shall not exceed 1.47 kilograms of 
VOC per liter of applied coating solids as specified under Sec.  
60.392(c) of this subpart.
    (iv) Each topcoat operation shall comply with the provisions of 
Sec. Sec.  60.393, 60.394, 60.395, 60.396, and 60.397. Separate 
calculations shall be made for BC/CC coatings and all other topcoat 
coatings when necessary to demonstrate compliance with the emission 
limits specified under paragraph (f)(1)(ii)(A) of this section.
    (v) A technology development report shall be sent to EPA Region V, 
230 South Dearborn Street, Chicago, IL 60604, postmarked before 60 days 
after the promulgation of this waiver and annually thereafter while this 
waiver is in effect. A copy of this report shall be sent to Director, 
Emission Standards and Engineering Division, U.S. Environmental 
Protection Agency, MD-13, Research Triangle Park, NC 27711. The 
technology development report shall summarize the BC/CC development work 
including the results of exposure and endurance tests of the various 
coatings being evaluated. The report shall include an updated schedule 
of attainment of Sec.  60.392(c) of this subpart, based on the most 
current information.
    (2) This waiver shall be a federally promulgated standard of 
performance. As such, it shall be unlawful for the Chrysler Corporation 
to operate a topcoat operation in violation of the requirements 
established in this waiver. Violation of the terms and conditions of 
this waiver shall subject the Chrysler Corporation to enforcement under 
sections 113 (b) and (c) of the Act (42 U.S.C. 7412 (b) and (c)) and 
under section 120 of the Act (42 U.S.C. 7420), as well as possible 
citizen enforcement under section 304 of the Act (42 U.S.C. 7604).
    (3) This waiver shall not be construed to constrain the State of 
Michigan from imposing upon the Chrysler Corporation any emission 
reduction requirement at Chrysler's Sterling Heights automobile assembly 
plant necessary for the maintenance of reasonable further progress or 
the attainment of the national ambient air quality standard for ozone or 
the maintenance of the national ambient air quality standard for ozone. 
Furthermore, this waiver shall not be construed as granting any 
exemptions from the applicability, enforcement, or other provisions of 
any other standards that apply or may apply to topcoat operations or any 
other operations at this automobile assembly plant.
    (g) Ford Motor Company, Hapeville, GA, automotive assemply plant. 
(1) Pursuant to section 111(j) of the Clean Air Act, 42 U.S.C. 7411(j), 
each topcoat operation at Ford Motor Company's automobile assembly plant 
located in Hapeville, GA, shall comply with the following conditions:
    (i) The Ford Motor Company shall obtain the necessary permits as 
required under parts C and D of the Clean Air Act, as amended August 
1977, to operate the Hapeville assembly plant.
    (ii) Commencing on September 9, 1985, and continuing to December 31, 
1986, or until the basecoat/clearcoat (BC/CC) topcoat system that can 
achieve the standard specified under Sec.  60.392(c) of this subpart is 
demonstrated to the Administrator's satisfaction, whichever is sooner, 
the Ford

[[Page 559]]

Motor Company shall limit the discharge of VOC emissions to the 
atmosphere from each topcoat operation at the Hapeville, GA, assembly 
plant, to either:
    (A) 2.6 kilograms of VOC per liter of applied coating solids from 
BC/CC topcoats, and 1.47 kilograms of VOC per liter of applied coating 
solids from all other topcoat coatings; or
    (B) 1.47 kilograms of VOC per liter of applied coating solids from 
all topcoat coatings.
    (iii) Commencing on the day after the expiration of the period 
described in paragraph (g)(1)(ii) and continuing thereafter, emissions 
of VOC's from each topcoat operation shall not exceed 1.47 kilograms of 
VOC per liter of applied coating solids as specified under Sec.  
60.392(c) of this subpart.
    (iv) Each topcoat operation shall comply with the provisions of 
Sec. Sec.  60.393, 60.394, 60.395, 60.396, and 60.397. Separate 
calculations shall be made for BC/CC coatings and all other topcoat 
coatings when necessary to demonstrate compliance with the emission 
limits specified under paragraph (g)(1)(ii)(A) of this section.
    (v) A technology development report shall be sent to EPA Region IV, 
345 Courtland Street, NE., Atlanta, GA 30365, postmarked before 60 days 
after the promulgation of this waiver and annually thereafter while this 
waiver is in effect. A copy of this report shall be sent to Director, 
Emission Standards and Engineering Division, U.S. Environmental 
Protection Agency, MD-13, Research Triangle Park, NC 27711. The 
technology development report shall summarize the BC/CC development work 
including the results of exposure and endurance tests of the various 
coatings being evaluated. The report shall include an updated schedule 
of attainment of Sec.  60.392(c) of this subpart, based on the most 
current information.
    (2) This waiver shall be a federally promulgated standard of 
performance. As such, it shall be unlawful for the Ford Motor Company to 
operate a topcoat operation in violation of the requirements established 
in this waiver. Violation of the terms and conditions of this waiver 
shall subject the Ford Motor Company to enforcement under section 113 
(b) and (c) and the Act (42 U.S.C. 7412 (b) and (c)) and under section 
120 of the Act (42 U.S.C. 7420), as well as possible citizen enforcement 
under section 304 of the Act (42 U.S.C. 7604).
    (3) This waiver shall not be construed to constrain the State of 
Georgia from imposing upon the Ford Motor Corporation any emission 
reduction requirement at Ford's Hapeville automobile assembly plant 
necessary for the maintenance of reasonable further progress or the 
attainment of the national ambient air quality standard for ozone or the 
maintenance of the national ambient air quality standard for ozone. 
Furthermore, this waiver shall not be construed as granting any 
exemptions from the applicability, enforcement, or other provisions of 
any other standards that apply or may apply to topcoat operations or any 
other operations at this automobile assembly plant.
    (h) Ford Motor Company, St. Paul, MN, light-duty truck assembly 
plant. (1) Pursuant to section 111(j) of the Clean Air Act, 42 U.S.C. 
7411(j), each topcoat operation at Ford Motor Company's automobile 
assembly plant located in St. Paul, MN, shall comply with the following 
conditions:
    (i) The Ford Motor Company shall obtain the necessary permits as 
required under parts C and D of the Clean Air Act, as amended August 
1977, to operate the St. Paul assembly plant.
    (ii) Commencing on September 9, 1985, and continuing to December 31, 
1986, or until the basecoat/clearcoat (BC/CC) topcoat system that can 
achieve the standard specified under Sec.  60.392(c) of this subpart, is 
demonstrated to the Administrator's satisfaction, whichever is sooner, 
the Ford Motor Company shall limit the discharge of VOC emissions to the 
atmosphere from each topcoat operation at the St. Paul, MN, assembly 
plant, to either:
    (A) 2.0 kilograms of VOC per liter of applied coating solids from 
BC/CC topcoats, and 1.47 kilograms of VOC per liter of applied coating 
solids from all other topcoat coatings; or
    (B) 1.47 kilograms of VOC per liter of applied coating solids from 
all topcoat coatings.

[[Page 560]]

    (iii) Commencing on the day after the expiration of the period 
described in paragraph (h)(1)(ii) and continuing thereafter, emissions 
of VOC's from each topcoat operation shall not exceed 1.47 kilograms of 
VOC per liter of applied coating solids as specified under Sec.  
60.392(c) of this subpart.
    (iv) Each topcoat operation shall comply with the provisions of 
Sec. Sec.  60.393, 60.394, 60.395, 60.396, and 60.397. Separate 
calculations shall be made for BC/CC coatings and all other topcoat 
coatings when necessary to demonstrate compliance with the emission 
limits specified under paragraph (h)(1)(ii)(A) of this section.
    (v) A technology development report shall be sent to EPA Region V, 
230 South Dearborn Street, Chicago, IL 60604, postmarked before 60 days 
after the promulgation of this waiver and annually thereafter while this 
waiver is in effect. A copy of this report shall be sent to Director, 
Emission Standards and Engineering Division, U.S. Environmental 
Protection Agency, MD-13, Research Triangle Park, NC 27711. The 
technology development report shall summarize the BC/CC development work 
including the results of exposure and endurance tests of the various 
coatings being evaluated. The report shall include an updated schedule 
of attainment of Sec.  60.392(c) of this subpart, based on the most 
current information.
    (2) This waiver shall be a federally promulgated standard of 
performance. As such, it shall be unlawful for the Ford Motor Company to 
operate a topcoat operation in violation of the requirements established 
in this waiver. Violation of the terms and conditions of this wavier 
shall subject the Ford Motor Company to enforcement under section 113 
(b) and (c) of the Act (42 U.S.C. 7412 (b) and (c)) and under section 
120 of the Act (42 U.S.C. 7420), as well as possible citizen enforcement 
under section 304 of the Act (42 U.S.C. 7604).
    (3) This waiver shall not be construed to constrain the State of 
Minnesota from imposing upon the Ford Motor Corporation any emission 
reduction requirements at Ford's St. Paul light-duty truck assembly 
plant necessary for the maintenance of reasonable further progress or 
the attainment of the national ambient air quality standard for ozone or 
the maintenance of the national ambient air quality standard for ozone. 
Furthermore, this waiver shall not be construed as granting any 
exemptions from the applicability, enforcement, or other provisions of 
any other standards that apply or may apply to topcoat operations or any 
other operations at this light-duty truck assembly plant.
    (i) Ford Motor Company, Hazelwood, MO, passenger van assembly plant. 
(1) Pursuant to section 111(j) of the Clean Air Act, 42 U.S.C. 7411(j), 
each topcoat operation at Ford Motor Company's passenger van assembly 
plant located in Hazelwood, MO, shall comply with the following 
conditions:
    (i) The Ford Motor Company shall obtain the necessary permits as 
required under parts C and D of the Clean Air Act, as amended August 
1977, to operate the Hazelwood assembly plant.
    (ii) Commencing on September 9, 1985, and continuing to December 31, 
1986, or until the basecoat/clearcoat (BC/CC) topcoat system that can 
achieve the standard specified under Sec.  60.392(c) of this subpart is 
demonstrated to the Administrator's satisfaction, whichever is sooner, 
the Ford Motor Company shall limit the discharge of VOC emissions to the 
atmosphere from each topcoat operation at the Hazelwood, MO, assembly 
plant, to either:
    (A) 2.5 kilograms of VOC per liter of applied coating solids from 
BC/CC topcoats, and 1.47 kilograms of VOC per liter of applied coating 
solids from all other topcoat coatings; or
    (B) 1.47 kilograms of VOC per liter of applied coating solids from 
all topcoat coatings.
    (iii) Commencing on the day after the expiration of the period 
described in paragraph (i)(1)(ii) and continuing thereafter, emissions 
of VOC's from each topcoat operation shall not exceed 1.47 kilograms of 
VOC per liter of applied coating solids as specified under Sec.  
60.392(c) of this subpart.
    (iv) Each topcoat operation shall comply with the provisions of 
Sec. Sec.  60.393, 60.394, 60.395, 60.396, and 60.397. Separate 
calculations shall be made for BC/CC coatings and all other topcoat 
coatings

[[Page 561]]

when necessary to demonstrate compliance with the emission limits 
specified under paragraph (i)(1)(ii)(A) of this section.
    (v) A technology development report shall be sent to EPA Region VII, 
726 Minnesota Avenue, Kansas City, KS 61101, postmarked before 60 days 
after the promulgation of this waiver and annually thereafter while this 
waiver is in effect. A copy of this report shall be sent to Director, 
Emission Standards and Engineering Division, U.S. Environmental 
Protection Agency, MD-13, Research Triangle Park, NC 27711. The 
technology development report shall summarize the BC/CC development work 
including the results of exposure and endurance tests of the various 
coatings being evaluated. The report shall include an updated schedule 
of attainment of Sec.  60.392(c) of this subpart, based on the most 
current information.
    (2) This waiver shall be a federally promulgated standard of 
performance. As such, it shall be unlawful for the Ford Motor Company to 
operate a topcoat operation in violation of the requirements established 
in this waiver. Violation of the terms and conditions of this waiver 
shall subject the Ford Motor Company to enforcement under section 113 
(b) and (c) of the Act (42 U.S.C. 7412 (b) and (c)) and under section 
120 of the Act (42 U.S.C. 7420), as well as possible citizen enforcement 
under section 304 of the Act (42 U.S.C. 7604).
    (3) This waiver shall not be construed to constrain the State of 
Missouri from imposing upon the Ford Motor Corporation any emission 
reduction at Ford's Hazelwood passenger van assembly plant necessary for 
the maintenance of reasonable further progress or the attainment of the 
national ambient air quality standards for ozone or the maintenance of 
the national ambient air quality standard for ozone. Furthermore, this 
waiver shall not be construed as granting any exemptions from the 
applicability, enforcement, or other provisions of any other standards 
that apply or may apply to topcoat operations or any other operations at 
this passenger van assembly plant.

[48 FR 5454, Feb. 4, 1983, as amended at 50 FR 36834, Sept. 9, 1985]



      Subpart NN_Standards of Performance for Phosphate Rock Plants

    Source: 47 FR 16589, Apr. 16, 1982, unless otherwise noted.



Sec.  60.400  Applicability and designation of affected facility.

    (a) The provisions of this subpart are applicable to the following 
affected facilities used in phosphate rock plants which have a maximum 
plant production capacity greater than 3.6 megagrams per hour (4 tons/
hr): dryers, calciners, grinders, and ground rock handling and storage 
facilities, except those facilities producing or preparing phosphate 
rock solely for consumption in elemental phosphorus production.
    (b) Any facility under paragraph (a) of this section which commences 
construction, modification, or reconstruction after September 21, 1979, 
is subject to the requirements of this part.



Sec.  60.401  Definitions.

    (a) Phosphate rock plant means any plant which produces or prepares 
phosphate rock product by any or all of the following processes: Mining, 
beneficiation, crushing, screening, cleaning, drying, calcining, and 
grinding.
    (b) Phosphate rock feed means all material entering the process 
unit, including moisture and extraneous material as well as the 
following ore minerals: Fluorapatite, hydroxylapatite, chlorapatite, and 
carbonateapatite.
    (c) Dryer means a unit in which the moisture content of phosphate 
rock is reduced by contact with a heated gas stream.
    (d) Calciner means a unit in which the moisture and organic matter 
of phosphate rock is reduced within a combustion chamber.
    (e) Grinder means a unit which is used to pulverize dry phosphate 
rock to the final product size used in the manufacture of phosphate 
fertilizer and does not include crushing devices used in mining.
    (f) Ground phosphate rock handling and storage system means a system 
which is used for the conveyance and storage of ground phosphate rock 
from grinders at phosphate rock plants.

[[Page 562]]

    (g) Beneficiation means the process of washing the rock to remove 
impurities or to separate size fractions.

[47 FR 16589, Apr. 16, 1982, as amended at 65 FR 61760, Oct. 17, 2000]



Sec.  60.402  Standard for particulate matter.

    (a) On and after the date on which the performance test required to 
be conducted by Sec.  60.8 is completed, no owner or operator subject to 
the provisions of this subpart shall cause to be discharged into the 
atmosphere:
    (1) From any phosphate rock dryer any gases which:
    (i) Contain particulate matter in excess of 0.030 kilogram per 
megagram of phosphate rock feed (0.06 lb/ton), or
    (ii) Exhibit greater than 10-percent opacity.
    (2) From any phosphate rock calciner processing unbeneficiated rock 
or blends of beneficiated and unbeneficiated rock, any gases which:
    (i) Contain particulate matter in excess of 0.12 kilogram per 
megagram of phosphate rock feed (0.23 lb/ton), or
    (ii) Exhibit greater than 10-percent opacity.
    (3) From any phosphate rock calciner processing beneficiated rock 
any gases which:
    (i) Contain particulate matter in excess of 0.055 kilogram per 
megagram of phosphate rock feed (0.11 lb/ton), or
    (ii) Exhibit greater than 10-percent opacity.
    (4) From any phosphate rock grinder any gases which:
    (i) Contain particulate matter in excess of 0.006 kilogram per 
megagram of phosphate rock feed (0.012 lb/ton), or
    (ii) Exhibit greater than zero-percent opacity.
    (5) From any ground phosphate rock handling and storage system any 
gases which exhibit greater than zero-percent opacity.

[47 FR 16589, Apr. 16, 1982, as amended at 65 FR 61760, Oct. 17, 2000]



Sec.  60.403  Monitoring of emissions and operations.

    (a) Any owner or operator subject to the provisions of this subpart 
shall install, calibrate, maintain, and operate a continuous monitoring 
system, except as provided in paragraphs (b) and (c) of this section, to 
monitor and record the opacity of the gases discharged into the 
atmosphere from any phosphate rock dryer, calciner, or grinder. The span 
of this system shall be set at 40-percent opacity.
    (b) For ground phosphate rock storage and handling systems, 
continuous monitoring systems for measuring opacity are not required.
    (c) The owner or operator of any affected phosphate rock facility 
using a wet scrubbing emission control device shall not be subject to 
the requirements in paragraph (a) of this section, but shall install, 
calibrate, maintain, and operate the following continuous monitoring 
devices:
    (1) A monitoring device for the continuous measurement of the 
pressure loss of the gas stream through the scrubber. The monitoring 
device must be certified by the manufacturer to be accurate within 
250 pascals (1 inch water) 
gauge pressure.
    (2) A monitoring device for the continuous measurement of the 
scrubbing liquid supply pressure to the control device. The monitoring 
device must be accurate within 5 percent of design 
scrubbing liquid supply pressure.
    (d) For the purpose of conducting a performance test under Sec.  
60.8, the owner or operator of any phosphate rock plant subject to the 
provisions of this subpart shall install, calibrate, maintain, and 
operate a device for measuring the phosphate rock feed to any affected 
dryer, calciner, or grinder. The measuring device used must be accurate 
to within 5 percent of the mass rate over its 
operating range.
    (e) For the purpose of reports required under Sec.  60.7(c), periods 
of excess emissions that shall be reported are defined as all 6-minute 
periods during which the average opacity of the plume from any phosphate 
rock dryer, calciner, or grinder subject to paragraph (a) of this 
section exceeds the applicable opacity limit.
    (f) Any owner or operator subject to the requirements under 
paragraph (c) of this section shall report on a frequency specified in 
Sec.  60.7(c) all measurement results that are less than 90 percent of 
the average levels maintained during the most recent performance test 
conducted under Sec.  60.8 in

[[Page 563]]

which the affected facility demonstrated compliance with the standard 
under Sec.  60.402.

[47 FR 16589, Apr. 16, 1982, as amended at 64 FR 7466, Feb. 12, 1999]



Sec.  60.404  Test methods and procedures.

    (a) In conducting the performance tests required in Sec.  60.8, the 
owner or operator shall use as reference methods and procedures the test 
methods in appendix A of this part or other methods and procedures as 
specified in this section, except as provided for in Sec.  60.8(b).
    (b) The owner or operator shall determine compliance with the 
particulate matter standards in Sec.  60.402 as follows:
    (1) The emission rate (E) of particulate matter shall be computed 
for each run using the following equation:

E = (cs Qsd)/(P K)

where:

E = emission rate of particulate matter, kg/Mg (lb/ton) of phosphate 
          rock feed.
cs = concentration of particulate matter, g/dscm (g/dscf).
Qsd = volumetric flow rate of effluent gas, dscm/hr (dscf/
          hr).
P = phosphate rock feed rate, Mg/hr (ton/hr).
K = conversion factor, 1000 g/kg (453.6 g/lb).

    (2) Method 5 shall be used to determine the particulate matter 
concentration (cs) and volumetric flow rate (Qsd) 
of the effluent gas. The sampling time and sample volume for each run 
shall be at least 60 minutes and 0.85 dscm (30 dscf).
    (3) The device of Sec.  60.403(d) shall be used to determine the 
phosphate rock feed rate (P) for each run.
    (4) Method 9 and the procedures in Sec.  60.11 shall be used to 
determine opacity.
    (c) To comply with Sec.  60.403(f), if applicable, the owner or 
operator shall use the monitoring devices in Sec.  60.403(c) (1) and (2) 
to determine the average pressure loss of the gas stream through the 
scrubber and the average scrubbing supply pressure during the 
particulate matter runs.

[54 FR 6676, Feb. 14, 1989; 54 FR 21344, May 17, 1989]



  Subpart PP_Standards of Performance for Ammonium Sulfate Manufacture

    Source: 45 FR 74850, Nov. 12, 1980, unless otherwise noted.



Sec.  60.420  Applicability and designation of affected facility.

    (a) The affected facility to which the provisions of this subpart 
apply is each ammonium sulfate dryer within an ammonium sulfate 
manufacturing plant in the caprolactam by-product, synthetic, and coke 
oven by-product sectors of the ammonium sulfate industry.
    (b) Any facility under paragraph (a) of this section that commences 
construction or modification after February 4, 1980, is subject to the 
requirements of this subpart.



Sec.  60.421  Definitions.

    As used in this subpart, all terms not defined herein shall have the 
meaning given them in the Act and in subpart A.
    Ammonium sulfate dryer means a unit or vessel into which ammonium 
sulfate is charged for the purpose of reducing the moisture content of 
the product using a heated gas stream. The unit includes foundations, 
superstructure, material charger systems, exhaust systems, and integral 
control systems and instrumentation.
    Ammonium sulfate feed material streams means the sulfuric acid feed 
stream to the reactor/crystallizer for synthetic and coke oven by-
product ammonium sulfate manufacturing plants; and means the total or 
combined feed streams (the oximation ammonium sulfate stream and the 
rearrangement reaction ammonium sulfate stream) to the crystallizer 
stage, prior to any recycle streams.
    Ammonium sulfate manufacturing plant means any plant which produces 
ammonium sulfate.
    Caprolactam by-product ammonium sulfate manufacturing plant means 
any plant which produces ammonium sulfate as a by-product from process 
streams generated during caprolactam manufacture.
    Coke oven by-product ammonium sulfate manufacturing plant means any

[[Page 564]]

plant which produces ammonium sulfate by reacting sulfuric acid with 
ammonia recovered as a by-product from the manufacture of coke.
    Synthetic ammonium sulfate manufacturing plant means any plant which 
produces ammonium sulfate by direct combination of ammonia and sulfuric 
acid.



Sec.  60.422  Standards for particulate matter.

    On or after the date on which the performance test required to be 
conducted by Sec.  60.8 is completed, no owner or operator of an 
ammonium sulfate dryer subject to the provisions of this subpart shall 
cause to be discharged into the atmosphere, from any ammonium sulfate 
dryer, particulate matter at an emission rate exceeding 0.15 kilogram of 
particulate per megagram of ammonium sulfate produced (0.30 pound of 
particulate per ton of ammonium sulfate produced) and exhaust gases with 
greater than 15 percent opacity.



Sec.  60.423  Monitoring of operations.

    (a) The owner or operator of any ammonium sulfate manufacturing 
plant subject to the provisions of this subpart shall install, 
calibrate, maintain, and operate flow monitoring devices which can be 
used to determine the mass flow of ammonium sulfate feed material 
streams to the process. The flow monitoring device shall have an 
accuracy of 5 percent over its range. However, if 
the plant uses weigh scales of the same accuracy to directly measure 
production rate of ammonium sulfate, the use of flow monitoring devices 
is not required.
    (b) The owner or operator of any ammonium sulfate manufacturing 
plant subject to the provisions of this subpart shall install, 
calibrate, maintain, and operate a monitoring device which continuously 
measures and permanently records the total pressure drop across the 
emission control system. The monitoring device shall have an accuracy of 
5 percent over its operating range.



Sec.  60.424  Test methods and procedures.

    (a) In conducting the performance tests required in Sec.  60.8, the 
owner or operator shall use as reference methods and procedures the test 
methods in appendix A of this part or other methods and procedures as 
specified in this section, except as provided in Sec.  60.8(b).
    (b) The owner or operator shall determine compliance with the 
particulate matter standards in Sec.  60.422 as follows:
    (1) The emission rate (E) of particulate matter shall be computed 
for each run using the following equation:

E = (cs Qsd) / (PK)

where:

E = emission rate of particulate matter, kg/Mg (lb/ton) of ammonium 
          sulfate produced.
cs = concentration of particulate matter, g/dscm (g/dscf).
Qsd = volumetric flow rate of effluent gas, dscm/hr (dscf/
          hr).
P = production rate of ammonium sulfate, Mg/hr (ton/hr).
K = conversion factor, 1000 g/kg (453.6 g/lb).

    (2) Method 5 shall be used to determine the particulate matter 
concentration (cs) and volumetric flow rate (Qsd) 
of the effluent gas. The sampling time and sample volume for each run 
shall be at least 60 minutes and 1.50 dscm (53 dscf).
    (3) Direct measurement using product weigh scales, or the result of 
computations using a material balance, shall be used to determine the 
rate (P) of the ammonium sulfate production. If production rate is 
determined by material balance, the following equations shall be used:
    (i) For synthetic and coke oven by-product ammonium sulfate plants:

P = ABCK\1/4\

where:

A = sulfuric aid flow rate to the reactor/crystallizer averaged over the 
          time-period taken to conduct the run, liter/min.
B = acid density (a function of acid strength and temperature), g/cc.
C = acid strength, decimal fraction.
K\1/4\ = conversion factor, 0.0808 (Mg-min-cc)/(g-hr-liter) [0.0891 
          (ton-min-cc)/(g-hr-liter)].

    (ii) For caprolactam by-product ammonium sulfate plants:

P = DEFK'

where:

D = total combined feed stream flow rate to the ammonium crystallizer 
          before the point where any recycle streams enter

[[Page 565]]

          the stream averaged over the time-period taken to conduct the 
          test run, liter/min.
E = density of the process stream solution, g/liter.
F= percent mass of ammonium sulfate in the process solution, decimal 
          fraction.
K' = conversion factor, 6.0 x 10-5 (Mg-min) / (g-hr) [6.614 x 
          10-5 (ton-min) / (g-hr)].

    (4) Method 9 and the procedures in Sec.  60.11 shall be used to 
determine the opacity.

[54 FR 6676, Feb. 14, 1989, as amended at 65 FR 61760, Oct. 17, 2000]



   Subpart QQ_Standards of Performance for the Graphic Arts Industry: 
                    Publication Rotogravure Printing

    Source: 47 FR 50649, Nov. 8, 1982, unless otherwise noted.



Sec.  60.430  Applicability and designation of affected facility.

    (a) Except as provided in paragraph (b) of this section, the 
affected facility to which the provisions of this subpart apply is each 
publication rotogravure printing press.
    (b) The provisions of this subpart do not apply to proof presses.
    (c) Any facility under paragraph (a) of this section that commences 
construction, modification, or reconstruction after October 28, 1980 is 
subject to the requirements of this subpart.



Sec.  60.431  Definitions and notations.

    (a) All terms used in this subpart that are not defined below have 
the meaning given to them in the Act and in subpart A of this part.
    Automatic temperature compensator means a device that continuously 
senses the temperature of fluid flowing through a metering device and 
automatically adjusts the registration of the measured volume to the 
corrected equivalent volume at a base temperature.
    Base temperature means an arbitrary reference temperature for 
determining liquid densities or adjusting the measured volume of a 
liquid quantity.
    Density means the mass of a unit volume of liquid, expressed as 
grams per cubic centimeter, kilograms per liter, or pounds per gallon, 
at a specified temperature.
    Gravure cylinder means a printing cylinder with an intaglio image 
consisting of minute cells or indentations specially engraved or etched 
into the cylinder's surface to hold ink when continuously revolved 
through a fountain of ink.
    Performance averaging period means 30 calendar days, one calendar 
month, or four consecutive weeks as specified in sections of this 
subpart.
    Proof press means any device used only to check the quality of the 
image formation of newly engraved or etched gravure cylinders and prints 
only non-saleable items.
    Publication rotogravure printing press means any number of 
rotogravure printing units capable of printing simultaneously on the 
same continuous web or substrate and includes any associated device for 
continuously cutting and folding the printed web, where the following 
saleable paper products are printed:

    Catalogues, including mail order and premium,
    Direct mail advertisements, including circulars, letters, pamphlets, 
cards, and printed envelopes,
    Display advertisements, including general posters, outdoor 
advertisements, car cards, window posters; counter and floor displays; 
point-of-purchase, and other printed display material,
    Magazines,
    Miscellaneous advertisements, including brochures, pamphlets, 
catalogue sheets, circular folders, announcements, package inserts, book 
jackets, market circulars, magazine inserts, and shopping news,
    Newspapers, magazine and comic supplements for newspapers, and 
preprinted newspaper inserts, including hi-fi and spectacolor rolls and 
sections,
    Periodicals, and
    Telephone and other directories, including business reference 
services.

    Raw ink means all purchased ink.
    Related coatings means all non-ink purchased liquids and liquid-
solid mixtures containing VOC solvent, usually referred to as extenders 
or varnishes, that are used at publication rotogravure printing presses.
    Rotogravure printing unit means any device designed to print one 
color ink on one side of a continuous web or substrate using a gravure 
cylinder.
    Solvent-borne ink systems means ink and related coating mixtures 
whose

[[Page 566]]

volatile portion consists essentially of VOC solvent with not more than 
five weight percent water, as applied to the gravure cylinder.
    Solvent recovery system means an air pollution control system by 
which VOC solvent vapors in air or other gases are captured and directed 
through a condenser(s) or a vessel(s) containing beds of activated 
carbon or other adsorbents. For the condensation method, the solvent is 
recovered directly from the condenser. For the adsorption method, the 
vapors are adsorbed, then desorbed by steam or other media, and finally 
condensed and recovered.
    VOC means volatile organic compound.
    VOC solvent means an organic liquid or liquid mixture consisting of 
VOC components.
    Waterborne ink systems means ink and related coating mixtures whose 
volatile portion consists of a mixture of VOC solvent and more than five 
weight percent water, as applied to the gravure cylinder.
    (b) Symbols used in this subpart are defined as follows:

DB = the density at the base temperature of VOC solvent used 
          or recovered during one performance averaging period.
Dci = the density of each color of raw ink and each related 
          coating (i) used at the subject facility (or facilities), at 
          the coating temperature when the volume of coating used is 
          measured.
Ddi = the density of each VOC solvent (i) added to the ink 
          for dilution at the subject facility (or facilities), at the 
          solvent temperature when the volume of solvent used is 
          measured.
Dgi = the density of each VOC solvent (i) used as a cleaning 
          agent at the subject facility (or facilities), at the solvent 
          temperature when the volume of cleaning solvent used is 
          measured.
Dhi = the density of each quantity of water (i) added at the 
          subject facility (or facilities) for dilution of waterborne 
          ink systems at the water temperature when the volume of 
          dilution water used is measured.
Dmi = the density of each quantity of VOC solvent and 
          miscellaneous solvent-borne waste inks and waste VOC solvents 
          (i) recovered from the subject facility (or facilities), at 
          the solvent temperature when the volume of solvent recovered 
          is measured.
Doi = the density of the VOC solvent contained in each raw 
          ink and related coating (i) used at the subject facility (or 
          facilities), at the coating temperature when the volume of 
          coating used is measured.
Dwi = the density of the water contained in each waterborne 
          raw ink and related coating (i) used at the subject facility 
          (or facilities), at the coating temperature when the volume of 
          coating used is measured.
Lci = the measured liquid volume of each color of raw ink and 
          each related coating (i) used at the facility of a 
          corresponding VOC content, Voi or Woi, 
          with a VOC density, Doi, and a coating density, 
          Dci.
Ldi = the measured liquid volume of each VOC solvent (i) with 
          corresponding density, Ddi, added to dilute the ink 
          used at the subject facility (or facilities)
Mci = the mass, determined by direct weighing, of each color 
          of raw ink and each related coating (i) used at the subject 
          facility (or facilities).
Md = the mass, determined by direct weighing, of VOC solvent 
          added to dilute the ink used at the subject facility (or 
          facilities) during one performance averaging period.
Mg = the mass, determined by direct weighing, of VOC solvent 
          used as a cleaning agent at the subject facility (or 
          facilities) during one performance averaging period.
Mh = the mass, determined by direct weighing, of water added 
          for dilution with waterborne ink systems used at the subject 
          facility (or facilities) during one performance averaging 
          period.
Mm = the mass, determined by direct weighing, of VOC solvent 
          and miscellaneous solvent-borne waste inks and waste VOC 
          solvents recovered from the subject facility (or facilities) 
          during one performance averaging period.
Mo = the total mass of VOC solvent contained in the raw inks 
          and related coatings used at the subject facility (or 
          facilities) during one performance averaging period.
Mr = the total mass of VOC solvent recovered from the subject 
          facility (or facilities) during one performance averaging 
          period.
Mt = the total mass of VOC solvent used at the subject 
          facility (or facilities) during one performance averaging 
          period.
Mv = the total mass of water used with waterborne ink systems 
          at the subject facility (or facilities) during one performance 
          averaging period.
Mw = the total mass of water contained in the waterborne raw 
          inks and related coatings used at the subject facility (or 
          facilities) during one performance averaging period.
P = the average VOC emission percentage for the subject facility (or 
          facilities) for one performance averaging period.

[[Page 567]]

Voi = the liquid VOC content, expressed as a volume fraction 
          of VOC volume per total volume of coating, of each color of 
          raw ink and related coating (i) used at the subject facility 
          (or facilities).
Vwi = the water content, expressed as a volume fraction of 
          water volume per total volume of coating, of each color of 
          waterborne raw ink and related coating (i) used at the subject 
          facility (or facilities).
Woi = the VOC content, expressed as a weight fraction of mass 
          of VOC per total mass of coating, of each color of raw ink and 
          related coating (i) used at the subject facility (or 
          facilities).
Wwi = the water content, expressed as a weight fraction of 
          mass of water per total mass of coating, of each color of 
          waterborne raw ink and related coating (i) used at the subject 
          facility (or facilities).

    (c) The following subscripts are used in this subpart with the above 
symbols to denote the applicable facility:

a = affected facility.
b = both affected and existing facilities controlled in common by the 
          same air pollution control equipment.
e = existing facility.
f = all affected and existing facilities located within the same plant 
          boundary.

[47 FR 50649, Nov. 8, 1982, as amended at 65 FR 61761, Oct. 17, 2000]



Sec.  60.432  Standard for volatile organic compounds.

    During the period of the performance test required to be conducted 
by Sec.  60.8 and after the date required for completion of the test, no 
owner or operator subject to the provisions of this subpart shall cause 
to be discharged into the atmosphere from any affected facility VOC 
equal to more than 16 percent of the total mass of VOC solvent and water 
used at that facility during any one performance averaging period. The 
water used includes only that water contained in the waterborne raw inks 
and related coatings and the water added for dilution with waterborne 
ink systems.



Sec.  60.433  Performance test and compliance provisions.

    (a) The owner or operator of any affected facility (or facilities) 
shall conduct performance tests in accordance with Sec.  60.8, under the 
following conditions:
    (1) The performance averaging period for each test is 30 consecutive 
calendar days and not an average of three separate runs as prescribed 
under Sec.  60.8(f).
    (2) Except as provided under paragraphs (f) and (g) of this section, 
if affected facilities routinely share the same raw ink storage/handling 
system with existing facilities, then temporary measurement procedures 
for segregating the raw inks, related coatings, VOC solvent, and water 
used at the affected facilities must be employed during the test. For 
this case, an overall emission percentage for the combined facilities as 
well as for only the affected facilities must be calculated during the 
test.
    (3) For the purpose of measuring bulk storage tank quantities of 
each color of raw ink and each related coating used, the owner or 
operator of any affected facility shall install, calibrate, maintain, 
and continuously operate during the test one or more:
    (i) Non-resettable totalizer metering device(s) for indicating the 
cumulative liquid volumes used at each affected facility; or
    (ii) Segregated storage tanks for each affected facility to allow 
determination of the liquid quantities used by measuring devices other 
than the press meters required under item (i) of this article; or
    (iii) Storage tanks to serve more than one facility with the liquid 
quantities used determined by measuring devices other than press meters, 
if facilities are combined as decribed under paragraph (d), (f), or (g) 
of this section.
    (4) The owner or operator may choose to install an automatic 
temperature compensator with any liquid metering device used to measure 
the raw inks, related coatings, water, or VOC solvent used, or VOC 
solvent recovered.
    (5) Records of the measured amounts used at the affected facility 
and the liquid temperature at which the amounts were measured are 
maintained for each shipment of all purchased material on at least a 
weekly basis for:
    (i) The raw inks and related coatings used;
    (ii) The VOC and water content of each raw ink and related coating 
used as determined according to Sec.  60.435;

[[Page 568]]

    (iii) The VOC solvent and water added to the inks used;
    (iv) The VOC solvent used as a cleaning agent; and
    (v) The VOC solvent recovered.
    (6) The density variations with temperature of the raw inks, related 
coatings, VOC solvents used, and VOC solvent recovered are determined by 
the methods stipulated in Sec.  60.435(d).
    (7) The calculated emission percentage may be reported as rounded-
off to the nearest whole number.
    (8) Printing press startups and shutdowns are not included in the 
exemption provisions under Sec.  60.8(c). Frequent periods of press 
startups and shutdowns are normal operations and constitute 
representative conditions for the purpose of a performance test.
    (b) If an affected facility uses waterborne ink systems or a 
combination of waterborne and solvent-borne ink systems with a solvent 
recovery system, compliance is determined by the following procedures, 
except as provided in paragraphs (d), (e), (f), and (g) of this section:
    (1) The mass of VOC in the solvent-borne and waterborne raw inks and 
related coatings used is determined by the following equation:
[GRAPHIC] [TIFF OMITTED] TC01JN92.015

where:

k is the total number of raw inks and related coatings measured as used 
          in direct mass quantities with different amounts of VOC 
          content.
m is the total number of raw inks and related coatings measured as used 
          by volume with different amounts of VOC content or different 
          densities.
n is the total number of raw inks and related coatings measured as used 
          by volume with different amounts of VOC content or different 
          VOC solvent densities.

    (2) The total mass of VOC used is determined by the following 
equation:
[GRAPHIC] [TIFF OMITTED] TC01JN92.016

where ``m'' and ``n'' are the respective total numbers of VOC dilution 
and cleaning solvents measured as used by volume with different 
densities.

    (3) The mass of water in the waterborne raw inks and related 
coatings used is determined by the following equation:
[GRAPHIC] [TIFF OMITTED] TC01JN92.017

where:

k is the total number of raw inks and related coatings measured as used 
          in direct mass quantities with different amounts of water 
          content.
m is the total number of raw inks and related coatings measured as used 
          by volume with different amounts of water content or different 
          densities.
n is the total number of raw inks and related coatings measured as used 
          by volume with different amounts of water content or different 
          water densities.

    (4) The total mass of water used is determined by the following 
equation:
[GRAPHIC] [TIFF OMITTED] TC01JN92.018

where ``m'' is the total number of water dilution additions measured as 
          used by volume with different densities.

    (5) The total mass of VOC solvent recovered is determined by the 
following equation:
[GRAPHIC] [TIFF OMITTED] TC01JN92.019

where ``k'' if the total number of VOC solvents, miscellaneous solvent-
          borne waste inks, and waste VOC solvents measured as recovered 
          by volume with different densities.


[[Page 569]]


    (6) The average VOC emission percentage for the affected facility is 
determined by the following equation:
[GRAPHIC] [TIFF OMITTED] TC01JN92.020

    (c) If an affected facility controlled by a solvent recovery system 
uses only solvent-borne ink systems, the owner or operator may choose to 
determine compliance on a direct mass or a density-corrected liquid 
volume basis. Except as provided in paragraphs (d), (e), (f), and (g) of 
this section, compliance is determined as follows:
    (1) On a direct mass basis, compliance is determined according to 
paragraph (b) of this section, except that the water term, 
Mv, does not apply.
    (2) On a density-corrected liquid volume basis, compliance is 
determined by the following procedures:
    (i) A base temperature corresponding to that for the largest 
individual amount of VOC solvent used or recovered from the affected 
facility, or other reference temperature, is chosen by the owner or 
operator.
    (ii) The corrected liquid volume of VOC in the raw inks and related 
coatings used is determined by the following equation:
[GRAPHIC] [TIFF OMITTED] TC01JN92.021

where:

k is the total number of raw inks and related coatings measured as used 
          in direct mass quantities with different amounts of VOC 
          content.
m is the total number of raw inks and related coatings measured as used 
          by volume with different amounts of VOC content or different 
          densities.
n is the total number of raw inks and related coatings measured as used 
          by volume with different amounts of VOC content or different 
          VOC solvent densities.

    (iii) The total corrected liquid volume of VOC used is determined by 
the following equation:
[GRAPHIC] [TIFF OMITTED] TC01JN92.022

where ``m'' and ``n'' are the respective total numbers of VOC dilution 
          and cleaning solvents measured as used by volume with 
          different densities.

    (iv) The total corrected liquid volume of VOC solvent recovered is 
determined by the following equation:
[GRAPHIC] [TIFF OMITTED] TC01JN92.023

where ``k'' is the total number of VOC solvents, miscellaneous solvent-
          borne waste inks, and waste VOC solvents measured as recovered 
          by volume with different densities.

    (v) The average VOC emission percentage for the affected facility is 
determined by the following equation:
[GRAPHIC] [TIFF OMITTED] TC01JN92.024

    (d) If two or more affected facilities are controlled by the same 
solvent recovery system, compliance is determined by the procedures 
specified in paragraph (b) or (c) of this section, whichever applies, 
except that (Lt)a and (Lr)a, 
(Mt)a, (Mr)a, and 
(Mv)a, are the collective amounts of VOC solvent 
and water corresponding to all the affected facilities controlled by 
that solvent recovery system. The average VOC emission percentage for 
each of the affected facilities controlled by that same solvent recovery 
system is assumed to be equal.
    (e) Except as provided under paragraph (f) of this section, if an 
existing facility (or facilities) and an affected facility (or 
facilities) are controlled in common by the same solvent recovery 
system, the owner or operator shall determine compliance by conducting a 
separate emission test on the existing facility (or facilities) and then 
conducting a performance test on the combined facilities as follows:

[[Page 570]]

    (1) Before the initial startup of the affected facility (or 
facilities) and at any other time as requested by the Administrator, the 
owner or operator shall conduct emission test(s) on the existing 
facility (or facilities) controlled by the subject solvent recovery 
system. The solvent recovery system must handle VOC emissions from only 
the subject existing facility (or facilities), not from affected 
facilities, during the emission test.
    (2) During the emission test, the affected facilities are subject to 
the standard stated in Sec.  60.432.
    (3) The emission test is conducted over a 30 consecutive calendar 
day averaging period according to the conditions stipulated in 
paragraphs (a)(1) through (a)(5) of this section, except that the 
conditions pertain to only existing facilities instead of affected 
facilities.
    (4) The owner or operator of the existing facility (or facilities) 
shall provide the Administrator at least 30 days prior notice of the 
emission test to afford the Administrator the opportunity to have an 
observer present.
    (5) The emission percentage for the existing facility (or 
facilities) during the emission test is determined by one of the 
following procedures:
    (i) If the existing facility (or facilities) uses a combination of 
waterborne and solvent-borne ink systems, the average VOC emission 
percentage must be determined on a direct mass basis according to 
paragraph (b) or (d) of this section, whichever applies, with the 
following equation:
[GRAPHIC] [TIFF OMITTED] TC01JN92.025

where the water and VOC solvent amounts pertain to only existing 
          facilities.

    (ii) If the existing facility (or facilities) uses only solvent-
borne ink systems, the owner or operator may choose to determine the 
emission percentage either on a direct mass basis or a density-corrected 
liquid volume basis according to paragraph (c) or (d) of this section, 
whichever applies. On a direct mass basis, the average VOC emission 
percentage is determined by the equation presented in article (i) of 
this paragraph. On a density-corrected liquid volume basis, the average 
VOC emission percentage is determined by the following equation:
[GRAPHIC] [TIFF OMITTED] TC01JN92.026

where the VOC solvent amounts pertain to only existing facilities.

    (6) The owner or operator of the existing facility (or facilities) 
shall furnish the Administrator a written report of the results of the 
emission test.
    (7) After completion of the separate emission test on the existing 
facility (or facilities), the owner or operator shall conduct 
performance test(s) on the combined facilities with the solvent recovery 
system handling VOC emissions from both the existing and affected 
facilities.
    (8) During performance test(s), the emission percentage for the 
existing facility (or facilities), Pe, is assumed to be equal 
to that determined in the latest emission test. The administrator may 
request additional emission tests if any physical or operational changes 
occur to any of the subject existing facilities.
    (9) The emission percentage for the affected facility (or 
facilities) during performance test(s) with both existing and affected 
facilities connected to the solvent recovery system is determined by one 
of the following procedures:
    (i) If any of the combined facilities uses both waterborne and 
solvent-borne ink systems, the average VOC emission percentage must be 
determined on a direct mass basis according to paragraph (b) or (d) of 
this section, whichever applies, with the following equation:
[GRAPHIC] [TIFF OMITTED] TC01JN92.027

where (Mt)b and (Mr)b are 
          the collective VOC solvent amounts pertaining to all the 
          combined facilities.

    (ii) If all of the combined facilities use only solvent-borne ink 
systems, the owner or operator may choose to determine performance of 
the affected facility (or facilities) either on a direct mass basis or a 
density-corrected liquid volume basis according to paragraph

[[Page 571]]

(c) or (d) of this section, whichever applies. On a direct mass basis, 
the average VOC emission percentage is determined by the equation 
presented in article (i) of this paragraph. On a density-corrected 
liquid volume basis, the average VOC emission percentage is determined 
by the following equation:
[GRAPHIC] [TIFF OMITTED] TC01JN92.028

where (Lt)b and (Lr)b are 
          the collective VOC solvent amounts pertaining to all the 
          combined facilities.

    (f) The owner or operator may choose to show compliance of the 
combined performance of existing and affected facilities controlled in 
common by the same solvent recovery system. A separate emission test for 
existing facilities is not required for this option. The combined 
performance is determined by one of the following procedures:
    (1) If any of the combined facilities uses both waterborne and 
solvent-borne ink systems, the combined average VOC emission percentage 
must be determined on a direct mass basis according to paragraph (b) or 
(d) of this section, whichever applies, with the following equation:
[GRAPHIC] [TIFF OMITTED] TC01JN92.308

    (2) If all of the combined facilities use only solvent-borne ink 
systems, the owner or operator may choose to determine performance 
either on a direct mass basis or a density-corrected liquid volume basis 
according to paragraph (c) or (d) of this section, whichever applies. On 
a direct mass basis, the average VOC emission percentage is determined 
by the equation presented in article (i) of this paragraph. On a 
density-corrected liquid volume basis, the average VOC emission 
percentage is determined by the following equation:
[GRAPHIC] [TIFF OMITTED] TC01JN92.029

    (g) If all existing and affected facilities located within the same 
plant boundary use waterborne ink systems or solvent-borne ink systems 
with solvent recovery systems, the owner or operator may choose to show 
compliance on a plantwide basis for all the existing and affected 
facilities together. No separate emission tests on existing facilities 
and no temporary segregated liquid measurement procedures for affected 
facilities are required for this option. The plantwide performance is 
determined by one of the following procedures:
    (1) If any of the facilities use waterborne ink systems, the total 
plant average VOC emission percentage must be determined on a direct 
mass basis according to paragraph (b) of this section with the following 
equation:
[GRAPHIC] [TIFF OMITTED] TC01JN92.030

Where (Mt)f and (Mv)f are 
          the collective VOC solvent and water amounts used at all the 
          subject plant facilities during the performance test.

    (2) If all of the plant facilities use only solvent-borne ink 
systems, the owner or operator may choose to determine performance 
either on a direct mass basis or a density-corrected liquid volume basis 
according to paragraph (c) of this section. On a direct mass basis, the 
total plant average VOC emission percentage is determined by the 
equation presented in article (i) of this paragraph. On a density-
corrected liquid volume basis, the total plant average VOC emission 
percentage is determined by the following equation:
[GRAPHIC] [TIFF OMITTED] TC01JN92.031

Where (Lt)f is the collective VOC solvent amount 
          used at all the subject plant facilities during the 
          performance test.

[47 FR 50649, Nov. 8, 1982, as amended at 65 FR 61761, Oct. 17, 2000]



Sec.  60.434  Monitoring of operations and recordkeeping.

    (a) After completion of the performance test required under Sec.  
60.8, the owner or operator of any affected facility using waterborne 
ink systems or solvent-borne ink systems with solvent recovery systems 
shall record the

[[Page 572]]

amount of solvent and water used, solvent recovered, and estimated 
emission percentage for each performance averaging period and shall 
maintain these records for 2 years. The emission percentage is estimated 
as follows:
    (1) The performance averaging period for monitoring of proper 
operation and maintenance is a calendar month or 4 consecutive weeks, at 
the option of the owner or operator.
    (2) If affected facilities share the same raw ink storage/handling 
system with existing facilities, solvent and water used, solvent 
recovered, and emission percentages for the combined facilities may be 
documented. Separate emission percentages for only the affected 
facilities are not required in this case. The combined emission 
percentage is compared to the overall average for the existing and 
affected facilities' emission percentage determined during the most 
recent performance test.
    (3) Except as provided in article (4) of this paragraph, 
temperatures and liquid densities determined during the most recent 
performance test are used to calculate corrected volumes and mass 
quantities.
    (4) The owner or operator may choose to measure temperatures for 
determination of actual liquid densities during each performance 
averaging period. A different base temperature may be used for each 
performance averaging period if desired by the owner or operator.
    (5) The emission percentage is calculated according to the 
procedures under Sec.  60.433 (b) through (g), whichever applies, or by 
a comparable calculation which compares the total solvent recovered to 
the total solvent used at the affected facility.



Sec.  60.435  Test methods and procedures.

    (a) The owner or operator of any affected facility using solvent-
borne ink systems shall determine the VOC content of the raw inks and 
related coatings used at the affected facility by:
    (1) Analysis using Method 24A of routine weekly samples of raw ink 
and related coatings in each respective storage tank; or
    (2) Analysis using Method 24A of samples of each shipment of all 
purchased raw inks and related coatings; or
    (3) Determination of the VOC content from the formulation data 
supplied by the ink manufacturer with each shipment of raw inks and 
related coatings used.
    (b) The owner or operator of any affected facility using solvent-
borne ink systems shall use the results of verification analyses by 
Method 24A to determine compliance when discrepancies with ink 
manufacturers' formulation data occur.
    (c) The owner or operator of any affected facility using waterborne 
ink systems shall determine the VOC and water content of raw inks and 
related coatings used at the affected facility by:
    (1) Determination of the VOC and water content from the formulation 
data supplied by the ink manufacturer with each shipment of purchased 
raw inks and related coatings used; or
    (2) Analysis of samples of each shipment of purchased raw inks and 
related coatings using a test method approved by the Administrator in 
accordance with Sec.  60.8(b).
    (d) The owner or operator of any affected facility shall determine 
the density of raw inks, related coatings, and VOC solvents by:
    (1) Making a total of three determinations for each liquid sample at 
specified temperatures using the procedure outlined in ASTM D1475-60, 
80, or 90, which is incorporated by reference. It is available from the 
American Society of Testing and Materials, 1916 Race Street, 
Philadelphia, Pennsylvania 19103. It is also available for inspection at 
the National Archives and Records Administration (NARA). For information 
on the availability of this material at NARA, call 202-741-6030, or go 
to: http://www.archives.gov/federal _register/code_of_ 
federal_regulations/ ibr_locations.html. This incorporation by reference 
was approved by the Director of the Federal Register on November 8, 
1982. This material is incorporated as it exists on the date of approval 
and a notice of any change in these materials will be published in the 
Federal Register. The temperature

[[Page 573]]

and density is recorded as the arithmetic average of the three 
determinations; or
    (2) Using literature values, at specified temperatures, acceptable 
to the Administrator.
    (e) If compliance is determined according to Sec.  60.433 (e), (f), 
or (g), the existing as well as affected facilities are subject to the 
requirements of paragraphs (a) through (d) of this section.

[47 FR 50649, Nov. 8, 1982, as amended at 65 FR 61761, Oct. 17, 2000; 69 
FR 18803, Apr. 9, 2004]



  Subpart RR_Standards of Performance for Pressure Sensitive Tape and 
                    Label Surface Coating Operations

    Source: 48 FR 48375, Oct. 18, 1983, unless otherwise noted.



Sec.  60.440  Applicability and designation of affected facility.

    (a) The affected facility to which the provisions of this subpart 
apply is each coating line used in the manufacture of pressure sensitive 
tape and label materials.
    (b) Any affected facility which inputs to the coating process 45 Mg 
(50 tons) of VOC or less per 12 month period is not subject to the 
emission limits of Sec.  60.442(a), however, the affected facility is 
subject to the requirements of all other applicable sections of this 
subpart. If the amount of VOC input exceeds 45 Mg (50 tons) per 12 month 
period, the coating line will become subject to Sec.  60.442(a) and all 
other sections of this subpart.
    (c) This subpart applies to any affected facility which begins 
construction, modification, or reconstruction after December 30, 1980.

[48 FR 48375, Oct. 18, 1983, as amended at 65 FR 61761, Oct. 17, 2000]



Sec.  60.441  Definitions and symbols.

    (a) Except as otherwise required by the context, terms used in this 
subpart are defined in the Act, in subpart A of this part, or in this 
section as follows:
    Coating applicator means an apparatus used to apply a surface 
coating to a continuous web.
    Coating line means any number or combination of adhesive, release, 
or precoat coating applicators, flashoff areas, and ovens which coat a 
continuous web, located between a web unwind station and a web rewind 
station, to produce pressure sensitive tape and label materials.
    Coating solids applied means the solids content of the coated 
adhesive, release, or precoat as measured by Method 24.
    Flashoff area means the portion of a coating line after the coating 
applicator and usually before the oven entrance.
    Fugitive volatile organic compounds means any volatile organic 
compounds which are emitted from the coating applicator and flashoff 
areas and are not emitted in the oven.
    Hood or enclosure means any device used to capture fugitive volatile 
organic compounds.
    Oven means a chamber which uses heat or irradiation to bake, cure, 
polymerize, or dry a surface coating.
    Precoat means a coating operation in which a coating other than an 
adhesive or release is applied to a surface during the production of a 
pressure sensitive tape or label product.
    Solvent applied in the coating means all organic solvent contained 
in the adhesive, release, and precoat formulations that is metered into 
the coating applicator from the formulation area.
    Total enclosure means a structure or building around the coating 
applicator and flashoff area or the entire coating line for the purpose 
of confining and totally capturing fugitive VOC emissions.
    VOC means volatile organic compound.
    (b) All symbols used in this subpart not defined below are given 
meaning in the Act or in subpart A of this part.

a = the gas stream vents exiting the emission control device.
b = the gas stream vents entering the emission control device.
Caj = the concentration of VOC (carbon equivalent) in each 
          gas stream (j) exiting the emission control device, in parts 
          per million by volume.
Cbi = the concentration of VOC (carbon equivalent) in each 
          gas stream (i) entering the emission control device, in parts 
          per million by volume.

[[Page 574]]

Cfk = the concentration of VOC (carbon equivalent) in each 
          gas stream (k) emitted directly to the atmosphere, in parts 
          per million by volume.
G = the calculated weighted average mass (kg) of VOC per mass (kg) of 
          coating solids applied each calendar month.
Mci = the total mass (kg) of each coating (i) applied during 
          the calendar month as determined from facility records.
Mr = the total mass (kg) of solvent recovered for a calendar 
          month.
Qaj = the volumetric flow rate of each effluent gas stream 
          (j) exiting the emission control device, in dry standard cubic 
          meters per hour.
Qbi = the volumetric flow rate of each effluent gas stream 
          (i) entering the emission control device, in dry standard 
          cubic meters per hour.
Qfk = the volumetric flow rate of each effluent gas stream 
          (k) emitted to the atmosphere, in dry standard cubic meters 
          per hour.
R = the overall VOC emission reduction achieved for a calendar month (in 
          percent).
Rq = the required overall VOC emission reduction (in 
          percent).
Woi = the weight fraction of organics applied of each coating 
          (i) applied during a calendar month as determined from Method 
          24 or coating manufacturer's formulation data.
Wsi = the weight fraction of solids applied of each coating 
          (i) applied during a calendar month as determined from Method 
          24 or coating manufacturer's formulation data.

[48 FR 48375, Oct. 18, 1983, as amended at 65 FR 61761, Oct. 17, 2000]



Sec.  60.442  Standard for volatile organic compounds.

    (a) On and after the date on which the performance test required by 
Sec.  60.8 has been completed each owner or operator subject to this 
subpart shall:
    (1) Cause the discharge into the atmosphere from an affected 
facility not more than 0.20 kg VOC/kg of coating solids applied as 
calculated on a weighted average basis for one calendar month; or
    (2) Demonstrate for each affected facility;
    (i) A 90 percent overall VOC emission reduction as calculated over a 
calendar month; or
    (ii) The percent overall VOC emission reduction specified in Sec.  
60.443(b) as calculated over a calendar month.



Sec.  60.443  Compliance provisions.

    (a) To determine compliance with Sec.  60.442 the owner or operator 
of the affected facility shall calculate a weighted average of the mass 
of solvent used per mass of coating solids applied for a one calendar 
month period according to the following procedures:
    (1) Determine the weight fraction of organics and the weight 
fraction of solids of each coating applied by using Reference Method 24 
or by the coating manufacturer's formulation data.
    (2) Compute the weighted average by the following equation:
    [GRAPHIC] [TIFF OMITTED] TC16NO91.032
    
    (3) For each affected facility where the value of G is less than or 
equal to 0.20 kg VOC per kg of coating solids applied, the affected 
facility is in compliance with Sec.  60.442(a)(1).
    (b) To determine compliance with Sec.  60.442(a)(2), the owner or 
operator shall calculate the required overall VOC emission reduction 
according to the following equation:
[GRAPHIC] [TIFF OMITTED] TC16NO91.033


If Rq is less than or equal to 90 percent, then the required 
overall VOC emission reduction is Rq. If Rq is 
greater than 90 percent, then the required overall VOC emission 
reduction is 90 percent.
    (c) Where compliance with the emission limits specified in Sec.  
60.442(a)(2) is achieved through the use of a solvent recovery system, 
the owner or operator shall determine the overall VOC emission reduction 
for a one calendar month period by the following equation:
[GRAPHIC] [TIFF OMITTED] TC16NO91.034


If the R value is equal to or greater than the Rq value 
specified in paragraph (b) of this section, then compliance with Sec.  
60.442(a)(2) is demonstrated.

[[Page 575]]

    (d) Where compliance with the emission limit specified in Sec.  
60.442(a)(2) is achieved through the use of a solvent destruction 
device, the owner or operator shall determine calendar monthly 
compliance by comparing the monthly required overall VOC emission 
reduction specified in paragraph (b) of this section to the overall VOC 
emission reduction demonstrated in the most recent performance test 
which complied with Sec.  60.442(a)(2). If the monthly required overall 
VOC emission reduction is less than or equal to the overall VOC 
reduction of the most recent performance test, the affected facility is 
in compliance with Sec.  60.442(a)(2).
    (e) Where compliance with Sec.  60.442(a)(2) is achieved through the 
use of a solvent destruction device, the owner or operator shall 
continuously record the destruction device combustion temperature during 
coating operations for thermal incineration destruction devices or the 
gas temperature upstream and downstream of the incinerator catalyst bed 
during coating operations for catalytic incineration destruction 
devices. For thermal incineration destruction devices the owner or 
operator shall record all 3-hour periods (during actual coating 
operations) during which the average temperature of the device is more 
than 28 [deg]C (50 [deg]F) below the average temperature of the device 
during the most recent performance test complying with Sec.  
60.442(a)(2). For catalytic incineration destruction devices, the owner 
or operator shall record all 3-hour periods (during actual coating 
operations) during which the average temperature of the device 
immediately before the catalyst bed is more than 28 [deg]C (50 [deg]F) 
below the average temperature of the device during the most recent 
performance test complying with Sec.  60.442(a)(2), and all 3-hour 
periods (during actual coating operations) during which the average 
temperature difference across the catalyst bed is less than 80 percent 
of the average temperature difference of the device during the most 
recent performance test complying with Sec.  60.442(a)(2).
    (f) After the initial performance test required for all affected 
facilities under Sec.  60.8, compliance with the VOC emission limitation 
and percentage reduction requirements under Sec.  60.442 is based on the 
average emission reduction for one calendar month. A separate compliance 
test is completed at the end of each calendar month after the initial 
performance test, and a new calendar month's average VOC emission 
reduction is calculated to show compliance with the standard.
    (g) If a common emission control device is used to recover or 
destroy solvent from more than one affected facility, the performance of 
that control device is assumed to be equal for each of the affected 
facilities. Compliance with Sec.  60.442(a)(2) is determined by the 
methods specified in paragraphs (c) and (d) of this section and is 
performed simultaneously on all affected facilities.
    (h) If a common emission control device is used to recover solvent 
from an existing facility (or facilities) as well as from an affected 
facility (or facilities), the overall VOC emission reduction for the 
affected facility (or facilities), for the purpose of compliance, shall 
be determined by the following procedures:
    (1) The owner or operator of the existing facility (or facilities) 
shall determine the mass of solvent recovered for a calendar month 
period from the existing facility (or facilities) prior to the 
connection of the affected facility (or facilities) to the emission 
control device.
    (2) The affected facility (or facilities) shall then be connected to 
the emission control device.
    (3) The owner or operator shall determine the total mass of solvent 
recovered from both the existing and affected facilities over a calendar 
month period. The mass of solvent determined in paragraph (h)(1) of this 
section from the existing facility shall be subtracted from the total 
mass of recovered solvent to obtain the mass of solvent recovered from 
the affected facility (or facilities). The overall VOC emission 
reduction of the affected facility (or facilities) can then be 
determined as specified in paragraph (c) of this section.
    (i) If a common emission control device(s) is used to destruct 
solvent from an existing facility (or facilities) as

[[Page 576]]

well as from an affected facility (or facilities), the overall VOC 
emission reduction for the affected facility (or facilities), for the 
purpose of compliance, shall be determined by the following procedures:
    (1) The owner or operator shall operate the emission control device 
with both the existing and affected facilities connected.
    (2) The concentration of VOC (in parts per million by volume) after 
the common emission control device shall be determined as specified in 
Sec.  60.444(c). This concentration is used in the calculation of 
compliance for both the existing and affected facilities.
    (3) The volumetric flow out of the common control device 
attributable to the affected facility (or facilities) shall be 
calculated by first determining the ratio of the volumetric flow 
entering the common control device attributable to the affected facility 
(facilities) to the total volumetric flow entering the common control 
device from both existing and affected facilities. The multiplication of 
this ratio by the total volumetric flow out of the common control device 
yields the flow attributable to the affected facility (facilities). 
Compliance is determined by the use of the equation specified in Sec.  
60.444(c).
    (j) Startups and shutdowns are normal operation for this source 
category. Emissions from these operations are to be included when 
determining if the standard specified at Sec.  60.442(a)(2) is being 
attained.

[48 FR 48375, Oct. 18, 1983, as amended at 65 FR 61761, Oct. 17, 2000]



Sec.  60.444  Performance test procedures.

    (a) The performance test for affected facilities complying with 
Sec.  60.442 without the use of add-on controls shall be identical to 
the procedures specified in Sec.  60.443(a).
    (b) The performance test for affected facilities controlled by a 
solvent recovery device shall be conducted as follows:
    (1) The performance test shall be a one calendar month test and not 
the average of three runs as specified in Sec.  60.8(f).
    (2) The weighted average mass of VOC per mass of coating solids 
applied for a one calendar month period shall be determined as specified 
in Sec.  60.443(a) (1) and (2).
    (3) Calculate the required percent overall VOC emission reduction as 
specified in Sec.  60.443(b).
    (4) Inventory VOC usage and VOC recovery for a one calendar month 
period.
    (5) Determine the percent overall VOC emission reduction as 
specified in Sec.  60.443(c).
    (c) The performance test for affected facilities controlled by a 
solvent destruction device shall be conducted as follows:
    (1) The performance of the solvent destruction device shall be 
determined by averaging the results of three test runs as specified in 
Sec.  60.8(f).
    (2) Determine for each affected facility prior to each test run the 
weighted average mass of VOC per mass of coating solids applied being 
used at the facility. The weighted average shall be determined as 
specified in Sec.  60.443(a). In this application the quantities of 
Woi, Wsi, and Mci shall be determined 
for the time period of each test run and not a calendar month as 
specified in Sec.  60.441.
    (3) Calculate the required percent overall VOC emission reduction as 
specified in Sec.  60.443(b).
    (4) Determine the percent overall VOC emission reduction of the 
solvent destruction device by the following equation and procedures:
[GRAPHIC] [TIFF OMITTED] TC01JN92.032

    (i) The owner or operator of the affected facility shall construct 
the overall VOC emission reduction system so that all volumetric flow 
rates and total VOC emissions can be accurately determined by the 
applicable test methods and procedures specified in Sec.  60.446(b).
    (ii) The owner or operator of an affected facility shall construct a 
temporary total enclosure around the coating line applicator and 
flashoff area during the performance test for the purpose of capturing 
fugitive VOC emissions. If a permanent total enclosure exists in the 
affected facility prior

[[Page 577]]

to the performance test and the Administrator is satisfied that the 
enclosure is totally capturing fugitive VOC emissions, then no 
additional total enclosure will be required for the performance test.
    (iii) For each affected facility where the value of R is greater 
than or equal to the value of Rq calculated in Sec.  
60.443(b), compliance with Sec.  60.442(a)(2) is demonstrated.



Sec.  60.445  Monitoring of operations and recordkeeping.

    (a) The owner or operator of an affected facility subject to this 
subpart shall maintain a calendar month record of all coatings used and 
the results of the reference test method specified in Sec.  60.446(a) or 
the manufacturer's formulation data used for determining the VOC content 
of those coatings.
    (b) The owner or operator of an affected facility controlled by a 
solvent recovery device shall maintain a calendar month record of the 
amount of solvent applied in the coating at each affected facility.
    (c) The owner or operator of an affected facility controlled by a 
solvent recovery device shall install, calibrate, maintain, and operate 
a monitoring device for indicating the cumulative amount of solvent 
recovered by the device over a calendar month period. The monitoring 
device shall be accurate within 2.0 percent. The 
owner or operator shall maintain a calendar month record of the amount 
of solvent recovered by the device.
    (d) The owner or operator of an affected facility operating at the 
conditions specified in Sec.  60.440(b) shall maintain a 12 month record 
of the amount of solvent applied in the coating at the facility.
    (e) The owner or operator of an affected facility controlled by a 
thermal incineration solvent destruction device shall install, 
calibrate, maintain, and operate a monitoring device which continuously 
indicates and records the temperature of the solvent destruction 
device's exhaust gases. The monitoring device shall have an accuracy of 
the greater of 0.75 percent of the temperature 
being measured expressed in degrees Celsius or 2.5 
[deg]C.
    (f) The owner or operator of an affected facility controlled by a 
catalytic incineration solvent destruction device shall install, 
calibrate, maintain, and operate a monitoring device which continuously 
indicates and records the gas temperature both upstream and downstream 
of the catalyst bed.
    (g) The owner or operator of an affected facility controlled by a 
solvent destruction device which uses a hood or enclosure to capture 
fugitive VOC emissions shall install, calibrate, maintain, and operate a 
monitoring device which continuously indicates that the hood or 
enclosure is operating. No continuous monitor shall be required if the 
owner or operator can demonstrate that the hood or enclosure system is 
interlocked with the affected facility's oven recirculation air system.
    (h) Records of the measurements required in Sec. Sec.  60.443 and 
60.445 must be retained for at least two years following the date of the 
measurements.



Sec.  60.446  Test methods and procedures.

    (a) The VOC content per unit of coating solids applied and 
compliance with Sec.  60.422(a)(1) shall be determined by either Method 
24 and the equations specified in Sec.  60.443 or by manufacturers' 
formulation data. In the event of any inconsistency between a Method 24 
test and manufacturers' formulation data, the Method 24 test will 
govern. The Administrator may require an owner or operator to perform 
Method 24 tests during such months as he deems appropriate. For Method 
24, the coating sample must be a one liter sample taken into a one liter 
container at a point where the sample will be representative of the 
coating applied to the web substrate.
    (b) Method 25 shall be used to determine the VOC concentration, in 
parts per million by volume, of each effluent gas stream entering and 
exiting the solvent destruction device or its equivalent, and each 
effluent gas stream emitted directly to the atmosphere. Methods 1, 2, 3, 
and 4 shall be used to determine the sampling location, volumetric 
flowrate, molecular weight, and moisture of all sampled gas streams. For 
Method 25, the sampling time for each of three runs must be at least 1 
hour. The minimum sampling volume

[[Page 578]]

must be 0.003 dscm except that shorter sampling times or smaller 
volumes, when necessitated by process variables or other factors, may be 
approved by the Administrator.
    (c) If the owner or operator can demonstrate to the Administrator's 
satisfaction that testing of representative stacks yields results 
comparable to those that would be obtained by testing all stacks, the 
Administrator will approve testing of representative stacks on a case-
by-case basis.

[48 FR 48375, Oct. 18, 1983, as amended at 65 FR 61761, Oct. 17, 2000]



Sec.  60.447  Reporting requirements.

    (a) For all affected facilities subject to compliance with Sec.  
60.442, the performance test data and results from the performance test 
shall be submitted to the Administrator as specified in Sec.  60.8(a) of 
the General Provisions (40 CFR part 60, subpart A).
    (b) Following the initial performance test, the owner or operator of 
each affected facility shall submit quarterly reports to the 
Administrator of exceedances of the VOC emission limits specified in 
Sec.  60.442. If no such exceedances occur during a particular quarter, 
a report stating this shall be submitted to the Administrator 
semiannually.
    (c) The owner or operator of each affected facility shall also 
submit reports at the frequency specified in Sec.  60.7(c) when the 
incinerator temperature drops as defined under Sec.  60.443(e). If no 
such periods occur, the owner or operator shall state this in the 
report.
    (d) The requirements of this subsection remain in force until and 
unless EPA, in delegating enforcement authority to a State under section 
111(c) of the Act, approves reporting requirements or an alternative 
means of compliance surveillance adopted by such States. In that event, 
affected sources within the State will be relieved of the obligation to 
comply with this subsection, provided that they comply with the 
requirements established by the State.

[48 FR 48375, Oct. 18, 1983, as amended at 55 FR 51383, Dec. 13, 1990]



  Subpart SS_Standards of Performance for Industrial Surface Coating: 
                            Large Appliances

    Source: 47 FR 47785, Oct. 27, 1982, unless otherwise noted.



Sec.  60.450  Applicability and designation of affected facility.

    (a) The provisions of this subpart apply to each surface coating 
operation in a large appliance surface coating line.
    (b) The provisions of this subpart apply to each affected facility 
identified in paragraph (a) of this section that commences construction, 
modification, or reconstruction after December 24, 1980.



Sec.  60.451  Definitions.

    (a) All terms used in this subpart not defined below are given the 
meaning in the Act or in subpart A of this part.
    Applied coating solids means the coating solids that adhere to the 
surface of the large appliance part being coated.
    Coating application station means that portion of the large 
appliance surface coating operation where a prime coat or a top coat is 
applied to large appliance parts or products (e.g., dip tank, spray 
booth, or flow coating unit).
    Curing oven means a device that uses heat to dry or cure the 
coating(s) applied to large appliance parts or products.
    Electrodeposition (EDP) means a method of coating application in 
which the large appliance part or product is submerged in a tank filled 
with coating material suspended in water and an electrical potential is 
used to enhance deposition of the material on the part or product.
    Flashoff area means the portion of a surface coating line between 
the coating application station and the curing oven.
    Large appliance part means any organic surface-coated metal lid, 
door, casing, panel, or other interior or exterior metal part or 
accessory that is assembled to form a large appliance product. Parts 
subject to in-use temperatures in excess of 250 [deg]F are not included 
in this definition.
    Large appliance product means any organic surface-coated metal 
range,

[[Page 579]]

oven, microwave oven, refrigerator, freezer, washer, dryer, dishwasher, 
water heater, or trash compactor manufactured for household, commercial, 
or recreational use.
    Large appliance surface coating line means that portion of a large 
appliance assembly plant engaged in the application and curing of 
organic surface coatings on large appliance parts or products.
    Organic coating means any coating used in a surface coating 
operation, including dilution solvents, from which VOC emissions occur 
during the application or the curing process. For the purpose of this 
regulation, powder coatings are not included in this definition.
    Powder coating means any surface coating that is applied as a dry 
powder and is fused into a continuous coating film through the use of 
heat.
    Spray booth means the structure housing automatic or manual spray 
application equipment where a coating is applied to large appliance 
parts or products.
    Surface coating operation means the system on a large appliance 
surface coating line used to apply and dry or cure an organic coating on 
the surface of large appliance parts or products. The surface coating 
operation may be a prime coat or a topcoat operation and includes the 
coating application station(s), flashoff area, and curing oven.
    Transfer efficiency means the ratio of the amount of coating solids 
deposited onto the surface of a large appliance part or product to the 
total amount of coating solids used.
    VOC content means the proportion of a coating that is volatile 
organic compounds (VOC's), expressed as kilograms of VOC's per liter of 
coating solids.
    VOC emissions means the mass of volatile organic compounds (VOC's), 
expressed as kilograms of VOC's per liter of applied coating solids, 
emitted from a surface coating operation.
    (b) All symbols used in this subpart not defined below are given the 
meaning in the Act or subpart A of this part.

Ca = the concentration of VOC's in a gas stream leaving a 
          control device and entering the atmosphere (parts per million 
          by volume, as carbon).
Cbthe concentration of VOC's in a gas stream entering a 
          control device (parts per million by volume, as carbon).
Cfthe concentration of VOC's in a gas stream emitted directly 
          to the atmosphere (parts per million by volume, as carbon).
Dcdensity of coating (or input stream), as received 
          (kilograms per liter).
Dddensity of a VOC-solvent added to coatings (kilograms per 
          liter).
Drdensity of a VOC-solvent recovered by an emission control 
          device (kilograms per liter).
Ethe VOC destruction efficiency of a control device (fraction).
Fthe proportion of total VOC's emitted by an affected facility that 
          enters a control device (fraction).
Gthe volume-weighted average mass of VOC's in coatings consumed in a 
          calendar month per unit volume of applied coating solids 
          (kilograms per liter).
Lcthe volume of coating consumed, as received (liters).
Ldthe volume of VOC-solvent added to coatings (liters).
Lrthe volume of VOC-solvent recovered by an emission control 
          device (liters).
Lsthe volume of coating solids consumed (liters).
Mdthe mass of VOC-solvent added to coatings (kilograms).
Mothe mass of VOC's in coatings consumed, as received 
          (kilograms).
Mrthe mass of VOC's recovered by an emission control device 
          (kilograms).
Nthe volume-weighted average mass of VOC's emitted to the atmosphere per 
          unit volume of applied coating solids (kilograms per liter).
Qathe volumetric flow rate of a gas stream leaving a control 
          device and entering the atmosphere (dry standard cubic meters 
          per hour).
Qbthe volumetric flow rate of a gas stream entering a control 
          device (dry standard cubic meters per hour).
Qfthe volumetric flow rate of a gas stream emitted directly 
          to the atmosphere (dry standard cubic meters per hour).
Rthe overall VOC emission reduction achieved for an affected facility 
          (fraction).
Tthe transfer efficiency (fraction).
Vsthe proportion of solids in a coating (or input stream), as 
          received (fraction by volume).
Wothe proportion of VOC's in a coating (or input stream), as 
          received (fraction by weight).



Sec.  60.452  Standard for volatile organic compounds.

    On or after the date on which the performance test required by Sec.  
60.8 is completed, no owner or operator of an

[[Page 580]]

affected facility subject to the provisions of this subpart shall 
discharge or cause the discharge of VOC emissions that exceed 0.90 
kilogram of VOC's per liter of applied coating solids from any surface 
coating operation on a large appliance surface coating line.



Sec.  60.453  Performance test and compliance provisions.

    (a) Sections 60.8 (d) and (f) do not apply to the performance test 
procedures required by this subpart.
    (b) The owner or operator of an affected facility shall conduct an 
initial performance test as required under Sec.  60.8(a) and thereafter 
a performance test each calendar month for each affected facility 
according to the procedures in this paragraph.
    (1) An owner or operator shall use the following procedures for any 
affected facility that does not use a capture system and control device 
to comply with the emissions limit specified under Sec.  60.452. The 
owner or operator shall determine the composition of the coatings by 
formulation data supplied by the coating manufacturer or by analysis of 
each coating, as received, using Method 24. The Administrator may 
require the owner or operator who uses formulation data supplied by the 
coating manufacturer to determine the VOC content of coatings using 
Method 24. The owner or operator shall determine the volume of coating 
and the mass of VOC-solvent used for thinning purposes from company 
records on a monthly basis. If a common coating distribution system 
serves more than one affected facility or serves both affected and 
existing facilities, the owner or operator shall estimate the volume of 
coatings used at each facility, by using the average dry weight of 
coating and the surface area coated by each affected and existing 
facility or by other procedures acceptable to the Administrator.
    (i) Except as provided in paragraph (b)(1)(iv) of this section, the 
weighted average of the total mass of VOC's consumed per unit volume of 
coating solids applied each calendar month will be determined as 
follows.
    (A) Calculate the mass of VOC's consumed (Mo + 
Md) during the calendar month for each affected facility by 
the following equation:
[GRAPHIC] [TIFF OMITTED] TC16NO91.035

([Sigma]LdjDdj will be 0 if no VOC-solvent is 
added to the coatings, as received)

where:

n is the number of different coatings used during the calendar month, 
          and
m is the number of different VOC-solvents added to coatings during the 
          calendar month.

    (B) Calculate the total volume of coating solids used 
(Ls) in the calendar month for each affected facility by the 
following equation:
[GRAPHIC] [TIFF OMITTED] TC16NO91.036

where n is the number of different coatings used during the calendar 
          month.

    (C) Select the appropriate transfer efficiency from table 1. If the 
owner or operator can demonstrate to the satisfaction of the 
Administrator that transfer efficiencies other than those shown are 
appropriate, the Administrator will approve their use on a case-by-case 
basis. Transfer efficiencies for application methods not listed shall be 
determined by the Administrator on a case-by-case basis. An owner or 
operator must submit sufficient data for the Administrator to judge the 
accuracy of the transfer efficiency claims.

                     Table 1--Transfer Efficiencies
------------------------------------------------------------------------
                                                               Transfer
                     Application method                       efficiency
                                                                 (Tk)
------------------------------------------------------------------------
Air-atomized spray..........................................        0.40
Airless spray...............................................        0.45

[[Page 581]]

 
Manual electrostatic spray..................................        0.60
Flow coat...................................................        0.85
Dip coat....................................................        0.85
Nonrotational automatic electrostatic spray.................        0.85
Rotating head automatic electrostatic spray.................        0.90
Electrodeposition...........................................        0.95
------------------------------------------------------------------------

    Where more than one application method is used within a single 
surface coating operation, the owner or operator shall determine the 
composition and volume of each coating applied by each method through a 
means acceptable to the Administrator and compute the weighted average 
transfer efficiency by the following equation:
[GRAPHIC] [TIFF OMITTED] TR17OC00.012

where:

n is the number of coatings (or input streams) used, and
m is the number of application methods used.

    (D) Calculate the volume-weighted average mass of VOC's consumed per 
unit volume of coating solids applied (G) during the calendar month for 
each affected facility by the following equation:
[GRAPHIC] [TIFF OMITTED] TC16NO91.038

    (ii) Calculate the volume-weighted average of VOC emissions to the 
atmosphere (N) during the calendar month for each affected facility by 
the following equation:
[GRAPHIC] [TIFF OMITTED] TC16NO91.039

    (iii) Where the volume-weighted average mass of VOC's discharged to 
the atmosphere per unit volume of coating solids applied (N) is equal to 
or less than 0.90 kilogram per liter, the affected facility is in 
compliance.
    (iv) If each individual coating used by an affected facility has a 
VOC content, as received, which when divided by the lowest transfer 
efficiency at which the coating is applied, results in a value equal to 
or less than 0.90 kilogram per liter, the affected facility is in 
compliance, provided no VOC's are added to the coating during 
distribution or application.
    (2) An owner or operator shall use the following procedures for any 
affected facility that uses a capture system and a control device that 
destroys VOC's (e.g., incinerator) to comply with the emission limit 
specified under Sec.  60.452.
    (i) Determine the overall reduction efficiency (R) for the capture 
system and control device. For the initial performance test the overall 
reduction efficiency (R) shall be determined as prescribed in A, B, and 
C below. In subsequent months, the owner or operator may use the most 
recently determined overall reduction efficiency (R) for the performance 
test, providing control device and capture system operating conditions 
have not changed. The procedure in A, B, and C, below, shall be repeated 
when directed by the Administrator or when the owner or operator elects 
to operate the control device or capture system at conditions different 
from the initial performance test.
    (A) Determine the fraction (F) of total VOC's emitted by an affected 
facility that enters the control device using the following equation:
[GRAPHIC] [TIFF OMITTED] TR17OC00.013

where:

n is the number of gas streams entering the control device
p is the number of gas streams emitted directly to the atmosphere.
[GRAPHIC] [TIFF OMITTED] TR17OC00.014

where:

n is the number of gas streams entering the control device, and

[[Page 582]]

m is the number of gas streams leaving the control device and entering 
          the atmosphere.

    (B) Determine the destruction efficiency of the control device (E) 
using values of the volumetric flow rate of each of the gas streams and 
the VOC content (as carbon) of each of the gas streams in and out of the 
device by the following equation:
    (C) Determine overall reduction efficiency (R) using the following 
equation:

R = EF (8)

    (ii) Calculate the volume-weighted average of the total mass of 
VOC's per unit volume of applied coating solids (G) during each calendar 
month for each affected facility using equations (1), (2), (3) if 
applicable, and (4).
    (iii) Calculate the volume-weighted average of VOC emissions to the 
atmosphere (N) during each calendar month by the following equation:

N = G(1-R) (9)

    (iv) If the volume-weighted average mass of VOC's emitted to the 
atmosphere for each calendar month (N) is equal to or less than 0.90 
kilogram per liter of applied coating solids, the affected facility is 
in compliance.
    (3) An owner or operator shall use the following procedure for any 
affected facility that uses a control device for VOC recovery (e.g., 
carbon adsorber) to comply with the applicable emission limit specified 
under Sec.  60.452.
    (i) Calculate the total mass of VOC's consumed (Mo + 
Md) and the volume-weighted average of the total mass of 
VOC's per unit volume of applied coating solids (G) during each calendar 
month for each affected facility using equations (1), (2), (3) if 
applicable, and (4).
    (ii) Calculate the total mass of VOC's recovered (Mr) 
during each calendar month using the following equation:

Mr = Lr Dr (10)

    (iii) Calculate overall reduction efficiency of the control device 
(R) for each calendar month for each affected facility using the 
following equation:
[GRAPHIC] [TIFF OMITTED] TC16NO91.040

    (iv) Calculate the volume-weighted average mass of VOC's emitted to 
the atmosphere (N) for each calendar month for each affected facility 
using equation (9).
    (v) If the volume-weighted average mass of VOC's emitted to the 
atmosphere for each calendar month (N) is equal to or less than 0.90 
kilogram per liter of applied coating solids, the affected facility is 
in compliance. Each monthly calculation is considered a performance 
test.

[47 FR 47785, Oct. 27, 1982, as amended at 65 FR 61761, Oct. 17, 2000]



Sec.  60.454  Monitoring of emissions and operations.

    (a) The owner or operator of an affected facility that uses a 
capture system and an incinerator to comply with the emission limits 
specified under Sec.  60.452 shall install, calibrate, maintain, and 
operate temperature measurement devices as prescribed below:
    (1) Where thermal incineration is used, a temperature measurement 
device shall be installed in the firebox. Where catalytic incineration 
is used, a temperature measurement device shall be installed in the gas 
stream immediately before and after the catalyst bed.
    (2) Each temperature measurement device shall be installed, 
calibrated, and maintained according to the manufacturer's 
specifications. The device shall have an accuracy of 0.75 percent of the 
temperature being measured, expressed in degrees Celsius, or 2.5 [deg]C, whichever is greater.
    (3) Each temperature measurement device shall be equipped with a 
recording device so that a permanent continuous record is produced.

[47 FR 47785, Oct. 27, 1982, as amended at 65 FR 61761, Oct. 17, 2000]



Sec.  60.455  Reporting and recordkeeping requirements.

    (a) The reporting requirements of Sec.  60.8(a) apply only to the 
initial performance test. Each owner or operator subject to the 
provisions of this subpart shall include the following data in

[[Page 583]]

the report of the initial performance test required under Sec.  60.8(a):
    (1) Except as provided in paragraph (a)(2) of this section, the 
volume-weighted average mass of VOC's emitted to the atmosphere per 
volume of applied coating solids (N) for a period of 1 calendar month 
from each affected facility.
    (2) For each affected facility where compliance is determined under 
the provisions of Sec.  60.453(b)(1)(iv), a list of the coatings used 
during a period of 1 calendar month, the VOC content of each coating 
calculated from data determined using Reference Method 24 or supplied by 
the coating manufacturer, and the minimum transfer efficiency of any 
coating application equipment used during the month.
    (3) For each affected facility where compliance is achieved through 
use of an incineration system, the following additional information will 
be reported:
    (i) The proportion of total VOC's emitted that enters the control 
device (F),
    (ii) The VOC reduction efficiency of the control device (E),
    (iii) The average combustion temperature (or the average temperature 
upstream and downstream of the catalyst bed), and
    (iv) A description of the method used to establish the amount of 
VOC's captured and sent to the incinerator.
    (4) For each affected facility where compliance is achieved through 
use of a solvent recovery system, the following additional information 
will be reported:
    (i) The volume of VOC-solvent recovered (Lr), and
    (ii) The overall VOC emission reduction achieved (R).
    (b) Following the initial performance test, the owner or operator of 
an affected facility shall identify, record, and submit a written report 
to the Administrator every calendar quarter of each instance in which 
the volume-weighted average of the total mass of VOC's emitted to the 
atmosphere per volume of applied coating solids (N) is greater than the 
limit specified under Sec.  60.452. If no such instances have occurred 
during a particular quarter, a report stating this shall be submitted to 
the Administrator semiannually.
    (c) Following the initial performance test, the owner or operator of 
an affected facility shall identify, record, and submit at the frequency 
specified in Sec.  60.7(c) the following:
    (1) Where compliance with Sec.  60.452 is achieved through use of 
thermal incineration, each 3-hour period of coating operation during 
which the average temperature of the device was more than 28 [deg]C (50 
[deg]F) below the average temperature of the device during the most 
recent performance test at which destruction efficiency was determined 
as specified under Sec.  60.453.
    (2) Where compliance with Sec.  60.452 is achieved through the use 
of catalytic incineration, each 3-hour period of coating operation 
during which the average temperature recorded immediately before the 
catalyst bed is more than 28 [deg]C (50 [deg]F) below the average 
temperature at the same location during the most recent performance test 
at which destruction efficiency was determined as specified under Sec.  
60.453. Additionally, all 3-hour periods of coating operation during 
which the average temperature difference across the catalyst bed is less 
than 80 percent of the average temperature difference across the 
catalyst bed during the most recent performance test at which 
destruction efficiency was determined as specified under Sec.  60.453 
will be recorded.
    (3) For thermal and catalytic incinerators, if no such periods as 
described in paragraphs (c)(1) and (c)(2) of this section occur, the 
owner or operator shall state this in the report.
    (d) Each owner or operator subject to the provisions of this subpart 
shall maintain at the source, for a period of at least 2 years, records 
of all data and calculations used to determine VOC emissions from each 
affected facility. Where compliance is achieved through the use of 
thermal incineration, each owner or operator shall maintain at the 
source daily records of the incinerator combustion chamber temperature. 
If catalytic incineration is used, the owner or operator shall maintain 
at the source daily records of the gas temperature, both upstream and 
downstream of the incinerator catalyst bed. Where compliance is achieved 
through

[[Page 584]]

the use of a solvent recovery system, the owner or operator shall 
maintain at the source daily records of the amount of solvent recovered 
by the system for each affected facility.

[47 FR 47785, Oct. 27, 1982, as amended at 55 FR 51383, Dec. 13, 1990; 
65 FR 61761, Oct. 17, 2000]



Sec.  60.456  Test methods and procedures.

    (a) The reference methods in appendix A to this part, except as 
provided under Sec.  60.8(b), shall be used to determine compliance with 
Sec.  60.452 as follows:
    (1) Method 24 or formulation data supplied by the coating 
manufacturer to determine the VOC content of a coating. In the event of 
dispute, Method 24 shall be the reference method. For determining 
compliance only, results of Method 24 analyses of waterborne coatings 
shall be adjusted as described in Section 12.6 of Method 24. Procedures 
to determine VOC emissions are provided in Sec.  60.453.
    (2) Method 25 for the measurement of the VOC concentration in the 
gas stream vent.
    (3) Method 1 for sample and velocity traverses.
    (4) Method 2 for velocity and volumetric flow rate.
    (5) Method 3 for gas analysis.
    (6) Method 4 for stack gas moisture.
    (b) For Method 24, the coating sample must be a 1-liter sample taken 
into a 1-liter container at a point where the sample will be 
representative of the coating material.
    (c) For Method 25, the sample time for each of three runs is to be 
at least 60 minutes and the minimum sample volume is to be at least 
0.003 dscm (0.1 dscf) except that shorter sampling times or smaller 
volumes, when necessitated by process variables or other factors, may be 
approved by the Administrator.
    (d) The Administrator will approve sampling of representative stacks 
on a case-by-case basis if the owner or operator can demonstrate to the 
satisfaction of the Administrator that the testing of representative 
stacks would yield results comparable to those that would be obtained by 
testing all stacks.

[47 FR 47785, Oct. 27, 1982, as amended at 65 FR 61761, Oct. 17, 2000]



   Subpart TT_Standards of Performance for Metal Coil Surface Coating

    Source: 47 FR 49612, Nov. 1, 1982, unless otherwise noted.



Sec.  60.460  Applicability and designation of affected facility.

    (a) The provisions of this subpart apply to the following affected 
facilities in a metal coil surface coating operation: each prime coat 
operation, each finish coat operation, and each prime and finish coat 
operation combined when the finish coat is applied wet on wet over the 
prime coat and both coatings are cured simultaneously.
    (b) This subpart applies to any facility identified in paragraph (a) 
of this section that commences construction, modification, or 
reconstruction after January 5, 1981.



Sec.  60.461  Definitions.

    (a) All terms used in this subpart not defined below are given the 
same meaning as in the Act or in subpart A of this part.
    Coating means any organic material that is applied to the surface of 
metal coil.
    Coating application station means that portion of the metal coil 
surface coating operation where the coating is applied to the surface of 
the metal coil. Included as part of the coating application station is 
the flashoff area between the coating application station and the curing 
oven.
    Curing oven means the device that uses heat or radiation to dry or 
cure the coating applied to the metal coil.
    Finish coat operation means the coating application station, curing 
oven, and quench station used to apply and dry or cure the final 
coating(s) on the surface of the metal coil. Where only a single coating 
is applied to the metal coil, that coating is considered a finish coat.

[[Page 585]]

    Metal coil surface coating operation means the application system 
used to apply an organic coating to the surface of any continuous metal 
strip with thickness of 0.15 millimeter (mm) (0.006 in.) or more that is 
packaged in a roll or coil.
    Prime coat operation means the coating application station, curing 
oven, and quench station used to apply and dry or cure the initial 
coating(s) on the surface of the metal coil.
    Quench station means that portion of the metal coil surface coating 
operation where the coated metal coil is cooled, usually by a water 
spray, after baking or curing.
    VOC content means the quantity, in kilograms per liter of coating 
solids, of volatile organic compounds (VOC's) in a coating.
    (b) All symbols used in this subpart not defined below are given the 
same meaning as in the Act and in subpart A of this part.

Ca = the VOC concentration in each gas stream leaving the 
          control device and entering the atmosphere (parts per million 
          by volume, as carbon).
Cb = the VOC concentration in each gas stream entering the 
          control device (parts per million by volume, as carbon).
Cf = the VOC concentration in each gas steam emitted directly 
          to the atmosphere (parts per million by volume, as carbon).
Dc = density of each coating, as received (kilograms per 
          liter).
Dd = density of each VOC-solvent added to coatings (kilograms 
          per liter).
Dr = density of VOC-solvent recovered by an emission control 
          device (kilograms per liter).
E= VOC destruction efficiency of the control device (fraction).
F= the proportion of total VOC's emitted by an affected facility that 
          enters the control device (fraction).
G= volume-weighted average mass of VOC's in coatings consumed in a 
          calendar month per unit volume of coating solids applied 
          (kilograms per liter).
Lc = the volume of each coating consumed, as received 
          (liters).
Ld = the volume of each VOC-solvent added to coatings 
          (liters).
Lr = the volume of VOC-solvent recovered by an emission 
          control device (liters).
Ls = the volume of coating solids consumed (liters).
Md = the mass of VOC-solvent added to coatings (kilograms).
Mo = the mass of VOC's in coatings consumed, as received 
          (kilograms).
Mr = the mass of VOC's recovered by an emission control 
          device (kilograms).
N= the volume-weighted average mass of VOC emissions to the atmosphere 
          per unit volume of coating solids applied (kilograms per 
          liter).
Qa = the volumetric flow rate of each gas stream leaving the 
          control device and entering the atmosphere (dry standard cubic 
          meters per hour).
Qb = the volumetric flow rate of each gas stream entering the 
          control device (dry standard cubic meters per hour).
Qf = the volumetric flow rate of each gas steam emitted 
          directly to the atmosphere (dry standard cubic meters per 
          hour).
R= the overall VOC emission reduction achieved for an affected facility 
          (fraction).
S= the calculated monthly allowable emission limit (kilograms of VOC per 
          liter of coating solids applied).
Vs = the proportion of solids in each coating, as received 
          (fraction by volume).
Wo = the proportion of VOC's in each coating, as received 
          (fraction by weight).



Sec.  60.462  Standards for volatile organic compounds.

    (a) On and after the date on which Sec.  60.8 requires a performance 
test to be completed, each owner or operator subject to this subpart 
shall not cause to be discharged into the atmosphere more than:
    (1) 0.28 kilogram VOC per liter (kg VOC/l) of coating solids applied 
for each calendar month for each affected facility that does not use an 
emission control device(s); or
    (2) 0.14 kg VOC/l of coating solids applied for each calendar month 
for each affected facility that continuously uses an emission control 
device(s) operated at the most recently demonstrated overall efficiency; 
or
    (3) 10 percent of the VOC's applied for each calendar month (90 
percent emission reduction) for each affected facility that continuously 
uses an emission control device(s) operated at the most recently 
demonstrated overall efficiency; or
    (4) A value between 0.14 (or a 90-percent emission reduction) and 
0.28 kg VOC/l of coating solids applied for each calendar month for each 
affected facility that intermittently uses an emission control device 
operated at the

[[Page 586]]

most recently demonstrated overall efficiency.



Sec.  60.463  Performance test and compliance provisions.

    (a) Section 60.8(d) and (f) do not apply to the performance test.
    (b) The owner or operator of an affected facility shall conduct an 
initial performance test as required under Sec.  60.8(a) and thereafter 
a performance test for each calendar month for each affected facility 
according to the procedures in this section.
    (c) The owner or operator shall use the following procedures for 
determining monthly volume-weighted average emissions of VOC's in kg/l 
of coating solids applied.
    (1) An owner or operator shall use the following procedures for each 
affected facility that does not use a capture system and control device 
to comply with the emission limit specified under Sec.  60.462(a)(1). 
The owner or operator shall determine the composition of the coatings by 
formulation data supplied by the manufacturer of the coating or by an 
analysisof each coating, as received, using Method 24. The Administrator 
may require the owner or operator who uses formulation data supplied by 
the manufacturer of the coatings to determine the VOC content of 
coatings using Method 24 or an equivalent or alternative method. The 
owner or operator shall determine the volume of coating and the mass of 
VOC-solvent added to coatings from company records on a monthly basis. 
If a common coating distribution system serves more than one affected 
facility or serves both affected and existing facilities, the owner or 
operator shall estimate the volume of coating used at each affected 
facility by using the average dry weight of coating and the surface area 
coated by each affected and existing facility or by other procedures 
acceptable to the Administrator.
    (i) Calculate the volume-weighted average of the total mass of VOC's 
consumed per unit volume of coating solids applied during each calendar 
month for each affected facility, except as provided under paragraph 
(c)(1)(iv) of this section. The weighted average of the total mass of 
VOC's used per unit volume of coating solids applied each calendar month 
is determined by the following procedures.
    (A) Calculate the mass of VOC's used (Mo + Md) during each calendar 
month for each affected facility by the following equation:
[GRAPHIC] [TIFF OMITTED] TC16NO91.041

([Sigma]LdjDdj will be 0 if no VOC solvent is 
added to the coatings, as received)

where

n is the number of different coatings used during the calendar month, 
          and
m is the number of different VOC solvents added to coatings used during 
          the calendar month.

    (B) Calculate the total volume of coating solids used 
(Ls) in each calendar month for each affected facility by the 
following equation:
[GRAPHIC] [TIFF OMITTED] TC16NO91.042

Where:

n is the number of different coatings used during the calendar month.

    (C) Calculate the volume-weighted average mass of VOC's used per 
unit volume of coating solids applied (G) during the calendar month for 
each affected facility by the following equation:
[GRAPHIC] [TIFF OMITTED] TC16NO91.043

    (ii) Calculate the volume-weighted average of VOC emissions to the 
atmosphere (N) during the calendar month for each affected facility by 
the following equation:

[[Page 587]]

[GRAPHIC] [TIFF OMITTED] TC16NO91.044

    (iii) Where the volume-weighted average mass of VOC's discharged to 
the atmosphere per unit volume of coating solids applied (N) is equal to 
or less than 0.28 kg/l, the affected facility is in compliance.
    (iv) If each individual coating used by an affected facility has a 
VOC content, as received, that is equal to or less than 0.28 kg/l of 
coating solids, the affected facility is in compliance provided no VOC's 
are added to the coatings during distribution or application.
    (2) An owner or operator shall use the following procedures for each 
affected facility that continuously uses a capture system and a control 
device that destroys VOC's (e.g., incinerator) to comply with the 
emission limit specified under Sec.  60.462(a) (2) or (3).
    (i) Determine the overall reduction efficiency (R) for the capture 
system and control device.

For the initial performance test, the overall reduction efficiency (R) 
shall be determined as prescribed in paragraphs (c)(2)(i) (A), (B), and 
(C) of this section. In subsequent months, the owner or operator may use 
the most recently determined overall reduction efficiency (R) for the 
performance test, providing control device and capture system operating 
conditions have not changed. The procedure in paragraphs (c)(2)(i) (A), 
(B), and (C) of this section, shall be repeated when directed by the 
Administrator or when the owner or operator elects to operate the 
control device or capture system at conditions different from the 
initial performance test.
    (A) Determine the fraction (F) of total VOC's emitted by an affected 
facility that enters the control device using the following equation:
[GRAPHIC] [TIFF OMITTED] TC01JN92.035

                                                              Equation 5

Where:

l is the number of gas streams entering the control device, and
p is the number of gas streams emitted directly to the atmosphere.

    (B) Determine the destruction efficiency of the control device (E) 
using values of the volumetric flow rate of each of the gas streams and 
the VOC content (as carbon) of each of the gas streams in and out of the 
device by the following equation:
[GRAPHIC] [TIFF OMITTED] TC01JN92.036

                                                              Equation 6

Where:

n is the number of gas streams entering the control device, and
m is the number of gas streams leaving the control device and entering 
          the atmosphere.


The owner or operator of the affected facility shall construct the VOC 
emission reduction system so that all volumetric flow rates and total 
VOC emissions can be accurately determined by the applicable test 
methods and procedures specified in Sec.  60.466. The owner or operator 
of the affected facility shall construct a temporary enclosure around 
the coating applicator and flashoff area during the performance test for 
the purpose of evaluating the capture efficiency of the system. The 
enclosure must be maintained at a negative pressure to ensure that all 
VOC emissions are measurable. If a permanent enclosure exists in the 
affected facility prior to the performance test and the Administrator is 
satisfied that the enclosure is adequately containing VOC emissions, no 
additional enclosure is required for the performance test.
    (C) Determine overall reduction efficiency (R) using the following 
equation:
[GRAPHIC] [TIFF OMITTED] TC16NO91.045


If the overall reduction efficiency (R) is equal to or greater than 
0.90, the affected facility is in compliance and no further computations 
are necessary. If the overall reduction efficiency (R) is less than 
0.90, the average total VOC emissions to the atmosphere per unit volume 
of coating solids applied (N) shall be computed as follows.
    (ii) Calculate the volume-weighted average of the total mass of 
VOC's per

[[Page 588]]

unit volume of coating solids applied (G) during each calendar month for 
each affected facility using equations in paragraphs (c)(1)(i) (A), (B), 
and (C) of this section.
    (iii) Calculate the volume-weighted average of VOC emissions to the 
atmosphere (N) during each calendar month by the following equation:
[GRAPHIC] [TIFF OMITTED] TC16NO91.046

    (iv) If the volume-weighted average mass of VOC's emitted to the 
atmosphere for each calendar month (N) is less than or equal to 0.14 kg/
l of coating solids applied, the affected facility is in compliance. 
Each monthly calculation is a performance test.
    (3) An owner or operator shall use the following procedure for each 
affected facility that uses a control device that recovers the VOC's 
(e.g., carbon adsorber) to comply with the applicable emission limit 
specified under Sec.  60.462(a) (2) or (3).
    (i) Calculate the total mass of VOC's consumed (Mo + 
Md) during each calendar month for each affected facility 
using equation (1).
    (ii) Calculate the total mass of VOC's recovered (Mr) 
during each calendar month using the following equation:
[GRAPHIC] [TIFF OMITTED] TC16NO91.047

    (iii) Calculate the overall reduction efficiency of the control 
device (R) for each calendar month for each affected facility using the 
following equation:
[GRAPHIC] [TIFF OMITTED] TC16NO91.048


If the overall reduction efficiency (R) is equal to or greater than 
0.90, the affected facility is in compliance and no further computations 
are necessary. If the overall reduction efficiency (R) is less than 
0.90, the average total VOC emissions to the atmosphere per unit volume 
of coating solids applied (N) must be computed as follows.
    (iv) Calculate the total volume of coating solids consumed 
(Ls) and the volume-weighted average of the total mass of 
VOC's per unit volume of coating solids applied (G) during each calendar 
month for each affected facility using equations in paragraphs (c)(1)(i) 
(B) and (C) of this section.
    (v) Calculate the volume-weighted average mass of VOC's emitted to 
the atmosphere (N) for each calendar month for each affected facility 
using equation (8).
    (vi) If the weighted average mass of VOC's emitted to the atmosphere 
for each calendar month (N) is less than or equal to 0.14 kg/l of 
coating solids applied, the affected facility is in compliance. Each 
monthly calculation is a performance test.
    (4) An owner or operator shall use the following procedures for each 
affected facility that intermittently uses a capture system and a 
control device to comply with the emission limit specified in Sec.  
60.462(a)(4).
    (i) Calculate the total volume of coating solids applied without the 
control device in operation (Lsn) during each calendar month 
for each affected facility using the following equation:
[GRAPHIC] [TIFF OMITTED] TC16NO91.049

Where:

n is the number of coatings used during the calendar month without the 
          control device in operation.

    (ii) Calculate the total volume of coating solids applied with the 
control device in operation (Lsc) during each calendar month 
for each affected facility using the following equation:
[GRAPHIC] [TIFF OMITTED] TC16NO91.050

Where:

n is the number of coatings used during the calendar month with the 
          control device in operation.

    (iii) Calculate the mass of VOC's used without the control device in 
operation (Mon + Mdn) during each calendar month 
for each affected facility using the following equation:

[[Page 589]]

[GRAPHIC] [TIFF OMITTED] TC16NO91.051

Where:

n is the number of different coatings used without the control device in 
          operation during the calendar month, and
m is the number of different VOC-solvents added to coatings used without 
          the control device in operation during the calendar month.

    (iv) Calculate the volume-weighted average of the total mass of 
VOC's consumed per unit volume of coating solids applied without the 
control device in operation (Gn) during each calendar month 
for each affected facility using the following equation:
[GRAPHIC] [TIFF OMITTED] TC16NO91.052

    (v) Calculate the mass of VOC's used with the control device in 
operation (Moc + Mdc) during each calendar month 
for each affected facility using the following equation:
[GRAPHIC] [TIFF OMITTED] TC16NO91.053

Where:

n is the number of different coatings used with the control device in 
          operation during the calendar month, and
m is the number of different VOC-solvents added to coatings used with 
          the control device in operation during the calendar month.

    (vi) Calculate the volume-weighted average of the total mass of 
VOC's used per unit volume of coating solids applied with the control 
device in operation (Gc) during each calendar month for each 
affected facility using the following equation:
[GRAPHIC] [TIFF OMITTED] TC16NO91.054

    (vii) Determine the overall reduction efficiency (R) for the capture 
system and control device using the procedures in paragraphs (c)(2)(i) 
(A), (B), and (C) or paragraphs (c)(3) (i), (ii), and (iii) of this 
section, whichever is applicable.
    (viii) Calculate the volume-weighted average of VOC emissions to the 
atmosphere (N) during each calendar month for each affected facility 
using the following equation:
[GRAPHIC] [TIFF OMITTED] TC16NO91.055

                                                             Equation 17

    (ix) Calculate the emission limit(s) for each calendar month for 
each affected facility using the following equation:
[GRAPHIC] [TIFF OMITTED] TC16NO91.056

    or
    [GRAPHIC] [TIFF OMITTED] TC16NO91.057
    
whichever is greater.

    (x) If the volume-weighted average mass of VOC's emitted to the 
atmosphere for each calendar month (N) is less than or equal to the 
calculated emission limit (S) for the calendar

[[Page 590]]

month, the affected facility is in compliance. Each monthly calculation 
is a performance test.

[47 FR 49612, Nov. 1, 1982; 48 FR 1056, Jan. 10, 1983, as amended at 65 
FR 61761, Oct. 17, 2000]



Sec.  60.464  Monitoring of emissions and operations.

    (a) Where compliance with the numerical limit specified in Sec.  
60.462(a) (1) or (2) is achieved through the use of low VOC-content 
coatings without the use of emission control devices or through the use 
of higher VOC-content coatings in conjunction with emission control 
devices, the owner or operator shall compute and record the average VOC 
content of coatings applied during each calendar month for each affected 
facility, according to the equations provided in Sec.  60.463.
    (b) Where compliance with the limit specified in Sec.  60.462(a)(4) 
is achieved through the intermittent use of emission control devices, 
the owner or operator shall compute and record for each affected 
facility the average VOC content of coatings applied during each 
calendar month according to the equations provided in Sec.  60.463.
    (c) If thermal incineration is used, each owner or operator subject 
to the provisions of this subpart shall install, calibrate, operate, and 
maintain a device that continuously records the combustion temperature 
of any effluent gases incinerated to achieve compliance with Sec.  
60.462(a)(2), (3), or (4). This device shall have an accuracy of 2.5 [deg]C. or 0.75 percent of the 
temperature being measured expressed in degrees Celsius, whichever is 
greater. Each owner or operator shall also record all periods (during 
actual coating operations) in excess of 3 hours during which the average 
temperature in any thermal incinerator used to control emissions from an 
affected facility remains more than 28 [deg]C (50 [deg]F) below the 
temperature at which compliance with Sec.  60.462(a)(2), (3), or (4) was 
demonstrated during the most recent measurement of incinerator 
efficiency required by Sec.  60.8. The records required by Sec.  60.7 
shall identify each such occurrence and its duration. If catalytic 
incineration is used, the owner or operator shall install, calibrate, 
operate, and maintain a device to monitor and record continuously the 
gas temperature both upstream and downstream of the incinerator catalyst 
bed. This device shall have an accuracy of 2.5 
[deg]C. or 0.75 percent of the temperature being 
measured expressed in degrees Celsius, whichever is greater. During 
coating operations, the owner or operator shall record all periods in 
excess of 3 hours where the average difference between the temperature 
upstream and downstream of the incinerator catalyst bed remains below 80 
percent of the temperature difference at which compliance was 
demonstrated during the most recent measurement of incinerator 
efficiency or when the inlet temperature falls more than 28 [deg]C (50 
[deg]F) below the temperature at which compliance with Sec.  
60.462(a)(2), (3), or (4) was demonstrated during the most recent 
measurement of incinerator efficiency required by Sec.  60.8. The 
records required by Sec.  60.7 shall identify each such occurrence and 
its duration.

[47 FR 49612, Nov. 1, 1982; 48 FR 1056, Jan. 10, 1983, as amended at 65 
FR 61761, Oct. 17, 2000]



Sec.  60.465  Reporting and recordkeeping requirements.

    (a) Where compliance with the numerical limit specified in Sec.  
60.462(a) (1), (2), or (4) is achieved through the use of low VOC-
content coatings without emission control devices or through the use of 
higher VOC-content coatings in conjunction with emission control 
devices, each owner or operator subject to the provisions of this 
subpart shall include in the initial compliance report required by Sec.  
60.8 the weighted average of the VOC content of coatings used during a 
period of one calendar month for each affected facility. Where 
compliance with Sec.  60.462(a)(4) is achieved through the intermittent 
use of a control device, reports shall include separate values of the 
weighted average VOC content of coatings used with and without the 
control device in operation.
    (b) Where compliance with Sec.  60.462(a)(2), (3), or (4) is 
achieved through the use of an emission control device that destroys 
VOC's, each owner or operator subject to the provisions of this subpart 
shall include the following data in the initial compliance report 
required by Sec.  60.8:

[[Page 591]]

    (1) The overall VOC destruction rate used to attain compliance with 
Sec.  60.462(a)(2), (3), or (4) and the calculated emission limit used 
to attain compliance with Sec.  60.462(a)(4); and
    (2) The combustion temperature of the thermal incinerator or the gas 
temperature, both upstream and downstream of the incinerator catalyst 
bed, used to attain compliance with Sec.  60.462(a)(2), (3), or (4).
    (c) Following the initial performance test, the owner or operator of 
an affected facility shall identify, record, and submit a written report 
to the Administrator every calendar quarter of each instance in which 
the volume-weighted average of the local mass of VOC's emitted to the 
atmosphere per volume of applied coating solids (N) is greater than the 
limit specified under Sec.  60.462. If no such instances have occurred 
during a particular quarter, a report stating this shall be submitted to 
the Administrator semiannually.
    (d) The owner or operator of each affected facility shall also 
submit reports at the frequency specified in Sec.  60.7(c) when the 
incinerator temperature drops as defined under Sec.  60.464(c). If no 
such periods occur, the owner or operator shall state this in the 
report.
    (e) Each owner or operator subject to the provisions of this subpart 
shall maintain at the source, for a period of at least 2 years, records 
of all data and calculations used to determine monthly VOC emissions 
from each affected facility and to determine the monthly emission limit, 
where applicable. Where compliance is achieved through the use of 
thermal incineration, each owner or operator shall maintain, at the 
source, daily records of the incinerator combustion temperature. If 
catalytic incineration is used, the owner or operator shall maintain at 
the source daily records of the gas temperature, both upstream and 
downstream of the incinerator catalyst bed.

[47 FR 49612, Nov. 1, 1982, as amended at 55 FR 51383, Dec. 13, 1990; 56 
FR 20497, May 3, 1991; 65 FR 61761, Oct. 17, 2000]



Sec.  60.466  Test methods and procedures.

    (a) The reference methods in appendix A to this part, except as 
provided under Sec.  60.8(b), shall be used to determine compliance with 
Sec.  60.462 as follows:
    (1) Method 24, or data provided by the formulator of the coating, 
shall be used for determining the VOC content of each coating as applied 
to the surface of the metal coil. In the event of a dispute, Method 24 
shall be the reference method. When VOC content of waterborne coatings, 
determined by Method 24, is used to determine compliance of affected 
facilities, the results of the Method 24 analysis shall be adjusted as 
described in Section 12.6 of Method 24;
    (2) Method 25, both for measuring the VOC concentration in each gas 
stream entering and leaving the control device on each stack equipped 
with an emission control device and for measuring the VOC concentration 
in each gas stream emitted directly to the atmosphere;
    (3) Method 1 for sample and velocity traverses;
    (4) Method 2 for velocity and volumetric flow rate;
    (5) Method 3 for gas analysis; and
    (6) Method 4 for stack gas moisture.
    (b) For Method 24, the coating sample must be at least a 1-liter 
sample taken at a point where the sample will be representative of the 
coating as applied to the surface of the metal coil.
    (c) For Method 25, the sampling time for each of three runs is to be 
at least 60 minutes, and the minimum sampling volume is to be at least 
0.003 dscm (0.11 dscf); however, shorter sampling times or smaller 
volumes, when necessitated by process variables or other factors, may be 
approved by the Administrator.
    (d) The Administrator will approve testing of representative stacks 
on a case-by-case basis if the owner or operator can demonstrate to the 
satisfaction of the Administrator that testing of representative stacks 
yields results comparable to those that would be obtained by testing all 
stacks.

[47 FR 49612, Nov. 1, 1982, as amended at 51 FR 22938, June 24, 1986; 65 
FR 61761, Oct. 17, 2000]

[[Page 592]]



 Subpart UU_Standards of Performance for Asphalt Processing and Asphalt 
                           Roofing Manufacture

    Source: 47 FR 34143, Aug. 6, 1982, unless otherwise noted.



Sec.  60.470  Applicability and designation of affected facilities.

    (a) The affected facilities to which this subpart applies are each 
saturator and each mineral handling and storage facility at asphalt 
roofing plants; and each asphalt storage tank and each blowing still at 
asphalt processing plants, petroleum refineries, and asphalt roofing 
plants.
    (b) Any saturator or mineral handling and storage facility under 
paragraph (a) of this section that commences construction or 
modification after November 18, 1980, is subject to the requirements of 
this subpart. Any asphalt storage tank or blowing still that processes 
and/or stores asphalt used for roofing only or for roofing and other 
purposes, and that commences construction or modification after November 
18, 1980, is subject to the requirements of this subpart.

Any asphalt storage tank or blowing still that processes and/or stores 
only nonroofing asphalts and that commences construction or modification 
after May 26, 1981, is subject to the requirements of this subpart.



Sec.  60.471  Definitions.

    As used in this subpart, all terms not defined herein shall have the 
meaning given them in the Act and in subpart A of this part.
    Afterburner (A/B) means an exhaust gas incinerator used to control 
emissions of particulate matter.
    Asphalt processing means the storage and blowing of asphalt.
    Asphalt processing plant means a plant which blows asphalt for use 
in the manufacture of asphalt products.
    Asphalt roofing plant means a plant which produces asphalt roofing 
products (shingles, roll roofing, siding, or saturated felt).
    Asphalt storage tank means any tank used to store asphalt at asphalt 
roofing plants, petroleum refineries, and asphalt processing plants. 
Storage tanks containing cutback asphalts (asphalts diluted with 
solvents to reduce viscosity for low temperature applications) and 
emulsified asphalts (asphalts dispersed in water with an emulsifying 
agent) are not subject to this regulation.
    Blowing still means the equipment in which air is blown through 
asphalt flux to change the softening point and penetration rate.
    Catalyst means a substance which, when added to asphalt flux in a 
blowing still, alters the penetrating-softening point relationship or 
increases the rate of oxidation of the flux.
    Coating blow means the process in which air is blown through hot 
asphalt flux to produce coating asphalt. The coating blow starts when 
the air is turned on and stops when the air is turned off.
    Electrostatic precipitator (ESP) means an air pollution control 
device in which solid or liquid particulates in a gas stream are charged 
as they pass through an electric field and precipitated on a collection 
suface.
    High velocity air filter (HVAF) means an air pollution control 
filtration device for the removal of sticky, oily, or liquid aerosol 
particulate matter from exhaust gas streams.
    Mineral handling and storage facility means the areas in asphalt 
roofing plants in which minerals are unloaded from a carrier, the 
conveyor transfer points between the carrier and the storage silos, and 
the storage silos.
    Saturator means the equipment in which asphalt is applied to felt to 
make asphalt roofing products. The term saturator includes the 
saturator, wet looper, and coater.

[47 FR 34143, Aug. 6, 1982, as amended at 65 FR 61762, Oct. 17, 2000]



Sec.  60.472  Standards for particulate matter.

    (a) On and after the date on which Sec.  60.8(b) requires a 
performance test to be completed, no owner or operator subject to the 
provisions of this subpart shall cause to be discharged into the 
atmosphere from any saturator:
    (1) Particulate matter in excess of:

[[Page 593]]

    (i) 0.04 kg/Mg (0.08 lb/ton) of asphalt shingle or mineral-surfaced 
roll roofing produced, or
    (ii) 0.4 kg/Mg (0.8 lb/ton) of saturated felt or smooth-surfaced 
roll roofing produced;
    (2) Exhaust gases with opacity greater than 20 percent; and
    (3) Any visible emissions from a saturator capture system for more 
than 20 percent of any period of consecutive valid observations totaling 
60 minutes. Saturators that were constructed before November 18, 1980, 
and that have not been reconstructed since that date and that become 
subject to these standards through modification are exempt from the 
visible emissions standard. Saturators that have been newly constructed 
or reconstructed since November 18, 1980 are subject to the visible 
emissions standard.
    (b) On and after the date on which Sec.  60.8(b) requires a 
performance test to be completed, no owner or operator subject to the 
provisions of this subpart shall cause to be discharged into the 
atmosphere from any blowing still:
    (1) Particulate matter in excess of 0.67 kg/Mg (1.3 lb/ton) of 
asphalt charged to the still when a catalyst is added to the still; and
    (2) Particulate matter in excess of 0.71 kg/Mg (1.4 lb/ton) of 
asphalt charged to the still when a catalyst is added to the still and 
when No. 6 fuel oil is fired in the afterburner; and
    (3) Particulate matter in excess of 0.60 kg/Mg (1.2 lb/ton) of 
asphalt charged to the still during blowing without a catalyst; and
    (4) Particulate matter in excess of 0.64 kg/Mg (1.3 lb/ton) of 
asphalt charged to the still during blowing without a catalyst and when 
No. 6 fuel oil is fired in the afterburner; and
    (5) Exhaust gases with an opacity greater than 0 percent unless an 
opacity limit for the blowing still when fuel oil is used to fire the 
afterburner has been established by the Administrator in accordance with 
the procedures in Sec.  60.474(g).
    (c) Within 60 days after achieving the maximum production rate at 
which the affected facility will be operated, but not later than 180 
days after initial startup of such facility, no owner or operator 
subject to the provisions of this subpart shall cause to be discharged 
into the atmosphere from any asphalt storage tank exhaust gases with 
opacity greater than 0 percent, except for one consecutive 15-minute 
period in any 24-hour period when the transfer lines are being blown for 
clearing. The control device shall not be bypassed during this 15-minute 
period. If, however, the emissions from any asphalt storage tank(s) are 
ducted to a control device for a saturator, the combined emissions shall 
meet the emission limit contained in paragraph (a) of this section 
during the time the saturator control device is operating. At any other 
time the asphalt storage tank(s) must meet the opacity limit specified 
above for storage tanks.
    (d) Within 60 days after achieving the maximum production rate at 
which the affected facility will be operated, but not later than 180 
days after initial startup of such facility, no owner or operator 
subject to the provisions of this subpart shall cause to be discharged 
into the atmosphere from any mineral handling and storage facility 
emissions with opacity greater than 1 percent.

[47 FR 34143, Aug. 6, 1982, as amended at 65 FR 61762, Oct. 17, 2000; 79 
FR 11250, Feb. 27, 2014]



Sec.  60.473  Monitoring of operations.

    (a) The owner or operator subject to the provisions of this subpart, 
and using either an electrostatic precipitator or a high velocity air 
filter to meet the emission limit in Sec.  60.472(a)(1) and/or (b)(1) 
shall continuously monitor and record the temperature of the gas at the 
inlet of the control device. The temperature monitoring instrument shall 
have an accuracy of 15 [deg]C (25 [deg]F) over its range.
    (b) The owner or operator subject to the provisions of this subpart 
and using an afterburner to meet the emission limit in Sec.  
60.472(a)(1) and/or (b)(1) shall continuously monitor and record the 
temperature in the combustion zone of the afterburner. The monitoring 
instrument shall have an accuracy of 10 [deg]C 
(18 [deg]F) over its range.
    (c) An owner or operator subject to the provisions of this subpart 
and using a control device not mentioned in paragraphs (a) or (b) of 
this section shall

[[Page 594]]

provide to the Administrator information describing the operation of the 
control device and the process parameter(s) which would indicate proper 
operation and maintenance of the device. The Administrator may require 
continuous monitoring and will determine the process parameters to be 
monitored.
    (d) The industry is exempted from the quarterly reports required 
under Sec.  60.7(c). The owner/operator is required to record and report 
the operating temperature of the control device during the performance 
test and, as required by Sec.  60.7(d), maintain a file of the 
temperature monitoring results for at least two years.

[47 FR 34143, Aug. 6, 1982, as amended at 65 FR 61762, Oct. 17, 2000]



Sec.  60.474  Test methods and procedures.

    (a) For saturators, the owner or operator shall conduct performance 
tests required in Sec.  60.8 as follows:
    (1) If the final product is shingle or mineral-surfaced roll 
roofing, the tests shall be conducted while 106.6-kg (235-lb) shingle is 
being produced.
    (2) If the final product is saturated felt or smooth-surfaced roll 
roofing, the tests shall be conducted while 6.8-kg (15-lb) felt is being 
produced.
    (3) If the final product is fiberglass shingle, the test shall be 
conducted while a nominal 100-kg (220-lb) shingle is being produced.
    (b) In conducting the performance tests required in Sec.  60.8, the 
owner or operator shall use as reference methods and procedures the test 
methods in appendix A of this part or other methods and procedures as 
specified in this section, except as provided in Sec.  60.8(b).
    (c) The owner or operator shall determine compliance with the 
particulate matter standards in Sec.  60.472 as follows:
    (1) The emission rate (E) of particulate matter shall be computed 
for each run using the following equation:

E = (cs Qsd)/(PK)

where:

E = emission rate of particulate matter, kg/Mg (lb/ton).
cs = concentration of particulate matter, g/dscm (gr/dscf).
Qsd = volumetric flow rate of effluent gas, dscm/hr (dscf/
          hr).
P = asphalt roofing production rate or asphalt charging rate, Mg/hr 
          (ton/hr).
K = conversion factor, 1000 g/kg [7000 (gr/lb)].

    (2) Method 5A shall be used to determine the particulate matter 
concentration (cs) and volumetric flow rate (Qsd) 
of the effluent gas. For a saturator, the sampling time and sample 
volume for each run shall be at least 120 minutes and 3.00 dscm (106 
dscf), and for the blowing still, at least 90 minutes or the duration of 
the coating blow or non-coating blow, whichever is greater, and 2.25 
dscm (79.4 dscf).
    (3) For the saturator, the asphalt roofing production rate (P) for 
each run shall be determined as follows: The amount of asphalt roofing 
produced on the shingle or saturated felt process lines shall be 
obtained by direct measurement. The asphalt roofing production rate is 
the amount produced divided by the time taken for the run.
    (4) For the blowing still, the asphalt charging rate (P) shall be 
computed for each run using the following equation:

P = (Vd)/(K' [thetas])

where:

P = asphalt charging rate to blowing still, Mg/hr (ton/hr).
V = volume of asphalt charged, m\3\ (ft\3\).
d = density of asphalt, kg/m\3\ (lb/ft\3\).
K' = conversion factor, 1000 kg/Mg (2000 lb/ton).
[thetas] = duration of test run, hr.

    (i) The volume (V) of asphalt charged shall be measured by any means 
accurate to within 10 percent.
    (ii) The density (d) of the asphalt shall be computed using the 
following equation:
[GRAPHIC] [TIFF OMITTED] TR17OC00.015

Where:

d = Density of the asphalt, kg/m\3\ (lb/ft\3\)
K1 = 1056.1 kg/m\3\ (metric units)
     = 64.70 lb/ft\3\ (English Units)
K2 = 0.6176 kg/(m\3\ [deg]C) (metric units)
     = 0.0694 lb/(ft\3\ [deg]F) (English Units)
Ti = temperature at the start of the blow, [deg]C ( deg;F)

    (5) Method 9 and the procedures in Sec.  60.11 shall be used to 
determine opacity.
    (d) The Administrator will determine compliance with the standards 
in Sec.  60.472(a)(3) by using Method 22, modified so that readings are 
recorded every

[[Page 595]]

15 seconds for a period of consecutive observations during 
representative conditions (in accordance with Sec.  60.8(c)) totaling 60 
minutes. A performance test shall consist of one run.
    (e) The owner or operator shall use the monitoring device in Sec.  
60.473 (a) or (b) to monitor and record continuously the temperature 
during the particulate matter run and shall report the results to the 
Administrator with the performance test results.
    (f) If at a later date the owner or operator believes that the 
emission limits in Sec.  60.472(a) and (b) are being met even though one 
of the conditions listed in this paragraph exist, he may submit a 
written request to the Administrator to repeat the performance test and 
procedure outlined in paragraph (c) of this section.
    (1) The temperature measured in accordance with Sec.  60.473(a) is 
exceeding that measured during the performance test.
    (2) The temperature measured in accordance with Sec.  60.473(b) is 
lower than that measured during the performance test.
    (g) If fuel oil is to be used to fire an afterburner used to control 
emissions from a blowing still, the owner or operator may petition the 
Administrator in accordance with Sec.  60.11(e) of the General 
Provisions to establish an opacity standard for the blowing still that 
will be the opacity standard when fuel oil is used to fire the 
afterburner. To obtain this opacity standard, the owner or operator must 
request the Administrator to determine opacity during an initial, or 
subsequent, performance test when fuel oil is used to fire the 
afterburner. Upon receipt of the results of the performance test, the 
Administrator will make a finding concerning compliance with the mass 
standard for the blowing still. If the Administrator finds that the 
facility was in compliance with the mass standard during the performance 
test but failed to meet the zero opacity standard, the Administrator 
will establish and promulgate in the Federal Register an opacity 
standard for the blowing still that will be the opacity standard when 
fuel oil is used to fire the afterburner. When the afterburner is fired 
with natural gas, the zero percent opacity remains the applicable 
opacity standard.

[54 FR 6677, Feb. 14, 1989, as amended 54 FR 27016, June 27, 1989; 65 FR 
61762, Oct. 17, 2000]



 Subpart VV_Standards of Performance for Equipment Leaks of VOC in the 
      Synthetic Organic Chemicals Manufacturing Industry for which 
Construction, Reconstruction, or Modification Commenced After January 5, 
                 1981, and on or Before November 7, 2006

    Source: 48 FR 48335, Oct. 18, 1983, unless otherwise noted.



Sec.  60.480  Applicability and designation of affected facility.

    (a)(1) The provisions of this subpart apply to affected facilities 
in the synthetic organic chemicals manufacturing industry.
    (2) The group of all equipment (defined in Sec.  60.481) within a 
process unit is an affected facility.
    (b) Any affected facility under paragraph (a) of this section that 
commences construction, reconstruction, or modification after January 5, 
1981, and on or before November 7, 2006, shall be subject to the 
requirements of this subpart.
    (c) Addition or replacement of equipment for the purpose of process 
improvement which is accomplished without a capital expenditure shall 
not by itself be considered a modification under this subpart.
    (d)(1) If an owner or operator applies for one or more of the 
exemptions in this paragraph, then the owner or operator shall maintain 
records as required in Sec.  60.486(i).
    (2) Any affected facility that has the design capacity to produce 
less than 1,000 Mg/yr (1,102 ton/yr) of a chemical listed in Sec.  
60.489 is exempt from Sec. Sec.  60.482-1 through 60.482-10.
    (3) If an affected facility produces heavy liquid chemicals only 
from heavy liquid feed or raw materials, then it is exempt from 
Sec. Sec.  60.482-1 through 60.482-10.
    (4) Any affected facility that produces beverage alcohol is exempt 
from Sec. Sec.  60.482-1 through 60.482-10.

[[Page 596]]

    (5) Any affected facility that has no equipment in volatile organic 
compounds (VOC) service is exempt from Sec. Sec.  60.482-1 through 
60.482-10.
    (e) Alternative means of compliance--(1) Option to comply with part 
65. (i) Owners or operators may choose to comply with the provisions of 
40 CFR part 65, subpart F, to satisfy the requirements of Sec. Sec.  
60.482 through 60.487 for an affected facility. When choosing to comply 
with 40 CFR part 65, subpart F, the requirements of Sec. Sec.  
60.485(d), (e), and (f) and 60.486(i) and (j) still apply. Other 
provisions applying to an owner or operator who chooses to comply with 
40 CFR part 65 are provided in 40 CFR 65.1.
    (ii) Part 60, subpart A. Owners or operators who choose to comply 
with 40 CFR part 65, subpart F must also comply with Sec. Sec.  60.1, 
60.2, 60.5, 60.6, 60.7(a)(1) and (4), 60.14, 60.15, and 60.16 for that 
equipment. All sections and paragraphs of subpart A of this part that 
are not mentioned in this paragraph (e)(1)(ii) do not apply to owners 
and operators of equipment subject to this subpart complying with 40 CFR 
part 65, subpart F, except that provisions required to be met prior to 
implementing 40 CFR part 65 still apply. Owners and operators who choose 
to comply with 40 CFR part 65, subpart F, must comply with 40 CFR part 
65, subpart A.
    (2) Subpart VVa. Owners or operators may choose to comply with the 
provisions of subpart VVa of this part 60 to satisfy the requirements of 
this subpart VV for an affected facility.
    (f) Stay of standards. Owners or operators are not required to 
comply with the definition of ``process unit'' in Sec.  60.481 and the 
requirements in Sec.  60.482-1(g) of this subpart until the EPA takes 
final action to require compliance and publishes a document in the 
Federal Register. While the definition of ``process unit'' is stayed, 
owners or operators should use the following definition:
    Process unit means components assembled to produce, as intermediate 
or final products, one or more of the chemicals listed in Sec.  60.489 
of this part. A process unit can operate independently if supplied with 
sufficient feed or raw materials and sufficient storage facilities for 
the product.

[48 FR 48335, Oct. 18, 1983, as amended at 49 FR 22607, May 30, 1984; 65 
FR 61762, Oct. 17, 2000; 65 FR 78276, Dec. 14, 2000; 72 FR 64879, Nov. 
16, 2007, 73 FR 31379, June 2, 2008; 73 FR 31375, June 2, 2008]



Sec.  60.481  Definitions.

    As used in this subpart, all terms not defined herein shall have the 
meaning given them in the Act or in subpart A of part 60, and the 
following terms shall have the specific meanings given them.
    Capital expenditure means, in addition to the definition in 40 CFR 
60.2, an expenditure for a physical or operational change to an existing 
facility that:
    (a) Exceeds P, the product of the facility's replacement cost, R, 
and an adjusted annual asset guideline repair allowance, A, as reflected 
by the following equation: P = R x A, where
    (1) The adjusted annual asset guideline repair allowance, A, is the 
product of the percent of the replacement cost, Y, and the applicable 
basic annual asset guideline repair allowance, B, divided by 100 as 
reflected by the following equation:

A = Y x (B / 100);

    (2) The percent Y is determined from the following equation: Y = 1.0 
- 0.575 log X, where X is 1982 minus the year of construction; and
    (3) The applicable basic annual asset guideline repair allowance, B, 
is selected from the following table consistent with the applicable 
subpart:

              Table for Determining Applicable Value for B
------------------------------------------------------------------------
                                              Value of B to be used in
      Subpart applicable to facility                  equation
------------------------------------------------------------------------
VV........................................  12.5
DDD.......................................  12.5
GGG.......................................  7.0
KKK.......................................  4.5
------------------------------------------------------------------------

    Closed-loop system means an enclosed system that returns process 
fluid to the process.
    Closed-purge system means a system or combination of systems and 
portable containers to capture purged liquids. Containers for purged 
liquids must be covered or closed when not being filled or emptied.

[[Page 597]]

    Closed vent system means a system that is not open to the atmosphere 
and that is composed of hard-piping, ductwork, connections, and, if 
necessary, flow-inducing devices that transport gas or vapor from a 
piece or pieces of equipment to a control device or back to a process.
    Connector means flanged, screwed, or other joined fittings used to 
connect two pipe lines or a pipe line and a piece of process equipment 
or that close an opening in a pipe that could be connected to another 
pipe. Joined fittings welded completely around the circumference of the 
interface are not considered connectors for the purpose of this subpart.
    Control device means an enclosed combustion device, vapor recovery 
system, or flare.
    Distance piece means an open or enclosed casing through which the 
piston rod travels, separating the compressor cylinder from the 
crankcase.
    Double block and bleed system means two block valves connected in 
series with a bleed valve or line that can vent the line between the two 
block valves.
    Duct work means a conveyance system such as those commonly used for 
heating and ventilation systems. It is often made of sheet metal and 
often has sections connected by screws or crimping. Hard-piping is not 
ductwork.
    Equipment means each pump, compressor, pressure relief device, 
sampling connection system, open-ended valve or line, valve, and flange 
or other connector in VOC service and any devices or systems required by 
this subpart.
    First attempt at repair means to take action for the purpose of 
stopping or reducing leakage of organic material to the atmosphere using 
best practices.
    Fuel gas means gases that are combusted to derive useful work or 
heat.
    Fuel gas system means the offsite and onsite piping and flow and 
pressure control system that gathers gaseous stream(s) generated by 
onsite operations, may blend them with other sources of gas, and 
transports the gaseous stream for use as fuel gas in combustion devices 
or in-process combustion equipment, such as furnaces and gas turbines, 
either singly or in combination.
    Hard-piping means pipe or tubing that is manufactured and properly 
installed using good engineering judgment and standards such as ASME 
B31.3, Process Piping (available from the American Society of Mechanical 
Engineers, PO Box 2300, Fairfield, NJ 07007-2300).
    In gas/vapor service means that the piece of equipment contains 
process fluid that is in the gaseous state at operating conditions.
    In heavy liquid service means that the piece of equipment is not in 
gas/vapor service or in light liquid service.
    In light liquid service means that the piece of equipment contains a 
liquid that meets the conditions specified in Sec.  60.485(e).
    In-situ sampling systems means nonextractive samplers or in-line 
samplers.
    In vacuum service means that equipment is operating at an internal 
pressure which is at least 5 kilopascals (kPa)(0.7 psia) below ambient 
pressure.
    In VOC service means that the piece of equipment contains or 
contacts a process fluid that is at least 10 percent VOC by weight. (The 
provisions of Sec.  60.485(d) specify how to determine that a piece of 
equipment is not in VOC service.)
    Liquids dripping means any visible leakage from the seal including 
spraying, misting, clouding, and ice formation.
    Open-ended valve or line means any valve, except safety relief 
valves, having one side of the valve seat in contact with process fluid 
and one side open to the atmosphere, either directly or through open 
piping.
    Pressure release means the emission of materials resulting from 
system pressure being greater than set pressure of the pressure relief 
device.
    Process improvement means routine changes made for safety and 
occupational health requirements, for energy savings, for better 
utility, for ease of maintenance and operation, for correction of design 
deficiencies, for bottleneck removal, for changing product requirements, 
or for environmental control.
    Process unit means the components assembled and connected by pipes 
or ducts to process raw materials and to

[[Page 598]]

produce, as intermediate or final products, one or more of the chemicals 
listed in Sec.  60.489. A process unit can operate independently if 
supplied with sufficient feed or raw materials and sufficient storage 
facilities for the product. For the purpose of this subpart, process 
unit includes any feed, intermediate and final product storage vessels 
(except as specified in Sec.  60.482-1(g)), product transfer racks, and 
connected ducts and piping. A process unit includes all equipment as 
defined in this subpart.
    Process unit shutdown means a work practice or operational procedure 
that stops production from a process unit or part of a process unit 
during which it is technically feasible to clear process material from a 
process unit or part of a process unit consistent with safety 
constraints and during which repairs can be accomplished. The following 
are not considered process unit shutdowns:
    (1) An unscheduled work practice or operational procedure that stops 
production from a process unit or part of a process unit for less than 
24 hours.
    (2) An unscheduled work practice or operational procedure that would 
stop production from a process unit or part of a process unit for a 
shorter period of time than would be required to clear the process unit 
or part of the process unit of materials and start up the unit, and 
would result in greater emissions than delay of repair of leaking 
components until the next scheduled process unit shutdown.
    (3) The use of spare equipment and technically feasible bypassing of 
equipment without stopping production.
    Quarter means a 3-month period; the first quarter concludes on the 
last day of the last full month during the 180 days following initial 
startup.
    Repaired means that equipment is adjusted, or otherwise altered, in 
order to eliminate a leak as defined in the applicable sections of this 
subpart and, except for leaks identified in accordance with Sec. Sec.  
60.482-2(b)(2)(ii) and (d)(6)(ii) and (iii), 60.482-3(f), and 60.482-
10(f)(1)(ii), is re-monitored as specified in Sec.  60.485(b) to verify 
that emissions from the equipment are below the applicable leak 
definition.
    Replacement cost means the capital needed to purchase all the 
depreciable components in a facility.
    Sampling connection system means an assembly of equipment within a 
process unit used during periods of representative operation to take 
samples of the process fluid. Equipment used to take nonroutine grab 
samples is not considered a sampling connection system.
    Sensor means a device that measures a physical quantity or the 
change in a physical quantity such as temperature, pressure, flow rate, 
pH, or liquid level.
    Storage vessel means a tank or other vessel that is used to store 
organic liquids that are used in the process as raw material feedstocks, 
produced as intermediates or final products, or generated as wastes. 
Storage vessel does not include vessels permanently attached to motor 
vehicles, such as trucks, railcars, barges, or ships.
    Synthetic organic chemicals manufacturing industry means the 
industry that produces, as intermediates or final products, one or more 
of the chemicals listed in Sec.  60.489.
    Transfer rack means the collection of loading arms and loading 
hoses, at a single loading rack, that are used to fill tank trucks and/
or railcars with organic liquids.
    Volatile organic compounds or VOC means, for the purposes of this 
subpart, any reactive organic compounds as defined in Sec.  60.2 
Definitions.

[48 FR 48335, Oct. 18, 1983, as amended at 49 FR 22607, May 30, 1984; 49 
FR 26738, June 29, 1984; 60 FR 43258, Aug. 18, 1995; 65 FR 61762, Oct. 
17, 2000; 65 FR 78276, Dec. 14, 2000; 72 FR 64879, Nov. 16, 2007]

    Effective Date Note: At 73 FR 31375, June 2, 2008, in Sec.  60.481, 
the definition of ``process unit'' was stayed until further notice.



Sec.  60.482-1  Standards: General.

    (a) Each owner or operator subject to the provisions of this subpart 
shall demonstrate compliance with the requirements of Sec. Sec.  60.482-
1 through 60.482-10 or Sec.  60.480(e) for all equipment within 180 days 
of initial startup.
    (b) Compliance with Sec. Sec.  60.482-1 to 60.482-10 will be 
determined by review of records and reports, review of performance test 
results, and inspection using the methods and procedures specified in 
Sec.  60.485.
    (c)(1) An owner or operator may request a determination of 
equivalence of

[[Page 599]]

a means of emission limitation to the requirements of Sec. Sec.  60.482-
2, 60.482-3, 60.482-5, 60.482-6, 60.482-7, 60.482-8, and 60.482-10 as 
provided in Sec.  60.484.
    (2) If the Administrator makes a determination that a means of 
emission limitation is at least equivalent to the requirements of Sec.  
60.482-2, Sec.  60.482-3, Sec.  60.482-5, Sec.  60.482-6, Sec.  60.482-
7, Sec.  60.482-8, or Sec.  60.482-10, an owner or operator shall comply 
with the requirements of that determination.
    (d) Equipment that is in vacuum service is excluded from the 
requirements of Sec. Sec.  60.482-2 to 60.482-10 if it is identified as 
required in Sec.  60.486(e)(5).
    (e) Equipment that an owner or operator designates as being in VOC 
service less than 300 hours (hr)/yr is excluded from the requirements of 
Sec. Sec.  60.482-2 through 60.482-10 if it is identified as required in 
Sec.  60.486(e)(6) and it meets any of the conditions specified in 
paragraphs (e)(1) through (3) of this section.
    (1) The equipment is in VOC service only during startup and 
shutdown, excluding startup and shutdown between batches of the same 
campaign for a batch process.
    (2) The equipment is in VOC service only during process malfunctions 
or other emergencies.
    (3) The equipment is backup equipment that is in VOC service only 
when the primary equipment is out of service.
    (f)(1) If a dedicated batch process unit operates less than 365 days 
during a year, an owner or operator may monitor to detect leaks from 
pumps and valves at the frequency specified in the following table 
instead of monitoring as specified in Sec. Sec.  60.482-2, 60.482-7, and 
60.483-2:

----------------------------------------------------------------------------------------------------------------
                                                      Equivalent monitoring frequency time in use
   Operating time (percent of hours   --------------------------------------------------------------------------
             during year)                      Monthly                 Quarterly               Semiannually
----------------------------------------------------------------------------------------------------------------
0 to <25.............................  Quarterly..............  Annually...............  Annually.
25 to <50............................  Quarterly..............  Semiannually...........  Annually.
50 to <75............................  Bimonthly..............  Three quarters.........  Semiannually.
75 to 100............................  Monthly................  Quarterly..............  Semiannually.
----------------------------------------------------------------------------------------------------------------

    (2) Pumps and valves that are shared among two or more batch process 
units that are subject to this subpart may be monitored at the 
frequencies specified in paragraph (f)(1) of this section, provided the 
operating time of all such process units is considered.
    (3) The monitoring frequencies specified in paragraph (f)(1) of this 
section are not requirements for monitoring at specific intervals and 
can be adjusted to accommodate process operations. An owner or operator 
may monitor at any time during the specified monitoring period (e.g., 
month, quarter, year), provided the monitoring is conducted at a 
reasonable interval after completion of the last monitoring campaign. 
Reasonable intervals are defined in paragraphs (f)(3)(i) through (iv) of 
this section.
    (i) When monitoring is conducted quarterly, monitoring events must 
be separated by at least 30 calendar days.
    (ii) When monitoring is conducted semiannually (i.e., once every 2 
quarters), monitoring events must be separated by at least 60 calendar 
days.
    (iii) When monitoring is conducted in 3 quarters per year, 
monitoring events must be separated by at least 90 calendar days.
    (iv) When monitoring is conducted annually, monitoring events must 
be separated by at least 120 calendar days.
    (g) If the storage vessel is shared with multiple process units, the 
process unit with the greatest annual amount of stored materials 
(predominant use) is the process unit the storage vessel is assigned to. 
If the storage vessel is shared equally among process units, and one of 
the process units has equipment subject to subpart VVa of this part, the 
storage vessel is assigned to that process unit. If the storage vessel 
is shared equally among process units, none of which have equipment 
subject to subpart VVa of this part, the storage vessel is assigned to 
any process unit subject to this subpart. If the predominant use of the 
storage vessel varies from year to year, then the owner or operator must 
estimate the predominant use initially and reassess every 3 years. The 
owner or operator must keep records of the information and supporting 
calculations that show how predominant use is determined. All equipment 
on the storage vessel must be monitored when in VOC service.

[48 FR 48335, Oct. 18, 1983, as amended at 49 FR 22608, May 30, 1984; 65 
FR 78276, Dec. 14, 2000; 72 FR 64880, Nov. 16, 2007]

[[Page 600]]


    Effective Date Note: At 73 FR 31375, June 2, 2008, in Sec.  60.482-
1, paragraph (g) was stayed until further notice.



Sec.  60.482-2  Standards: Pumps in light liquid service.

    (a)(1) Each pump in light liquid service shall be monitored monthly 
to detect leaks by the methods specified in Sec.  60.485(b), except as 
provided in Sec.  60.482-1(c) and (f) and paragraphs (d), (e), and (f) 
of this section. A pump that begins operation in light liquid service 
after the initial startup date for the process unit must be monitored 
for the first time within 30 days after the end of its startup period, 
except for a pump that replaces a leaking pump and except as provided in 
Sec.  60.482-1(c) and (f) and paragraphs (d), (e), and (f) of this 
section.
    (2) Each pump in light liquid service shall be checked by visual 
inspection each calendar week for indications of liquids dripping from 
the pump seal, except as provided in Sec.  60.482-1(f).
    (b)(1) If an instrument reading of 10,000 ppm or greater is 
measured, a leak is detected.
    (2) If there are indications of liquids dripping from the pump seal, 
the owner or operator shall follow the procedure specified in either 
paragraph (b)(2)(i) or (ii) of this section. This requirement does not 
apply to a pump that was monitored after a previous weekly inspection if 
the instrument reading for that monitoring event was less than 10,000 
ppm and the pump was not repaired since that monitoring event.
    (i) Monitor the pump within 5 days as specified in Sec.  60.485(b). 
If an instrument reading of 10,000 ppm or greater is measured, a leak is 
detected. The leak shall be repaired using the procedures in paragraph 
(c) of this section.
    (ii) Designate the visual indications of liquids dripping as a leak, 
and repair the leak within 15 days of detection by eliminating the 
visual indications of liquids dripping.
    (c)(1) When a leak is detected, it shall be repaired as soon as 
practicable, but not later than 15 calendar days after it is detected, 
except as provided in Sec.  60.482-9.
    (2) A first attempt at repair shall be made no later than 5 calendar 
days after each leak is detected. First attempts at repair include, but 
are not limited to, the practices described in paragraphs (c)(2)(i) and 
(ii) of this section, where practicable.
    (i) Tightening the packing gland nuts;
    (ii) Ensuring that the seal flush is operating at design pressure 
and temperature.
    (d) Each pump equipped with a dual mechanical seal system that 
includes a barrier fluid system is exempt from the requirements of 
paragraph (a) of this section, provided the requirements specified in 
paragraphs (d)(1) through (6) of this section are met.
    (1) Each dual mechanical seal system is--
    (i) Operated with the barrier fluid at a pressure that is at all 
times greater than the pump stuffing box pressure; or
    (ii) Equipped with a barrier fluid degassing reservoir that is 
routed to a process or fuel gas system or connected by a closed vent 
system to a control device that complies with the requirements of Sec.  
60.482-10; or
    (iii) Equipped with a system that purges the barrier fluid into a 
process stream with zero VOC emissions to the atmosphere.
    (2) The barrier fluid system is in heavy liquid service or is not in 
VOC service.
    (3) Each barrier fluid system is equipped with a sensor that will 
detect failure of the seal system, the barrier fluid system, or both.
    (4)(i) Each pump is checked by visual inspection, each calendar 
week, for indications of liquids dripping from the pump seals.
    (ii) If there are indications of liquids dripping from the pump seal 
at the time of the weekly inspection, the owner or operator shall follow 
the procedure specified in either paragraph (d)(4)(ii)(A) or (B) of this 
section.
    (A) Monitor the pump within 5 days as specified in Sec.  60.485(b) 
to determine if there is a leak of VOC in the barrier fluid. If an 
instrument reading of 10,000 ppm or greater is measured, a leak is 
detected.
    (B) Designate the visual indications of liquids dripping as a leak.
    (5)(i) Each sensor as described in paragraph (d)(3) of this section 
is checked daily or is equipped with an audible alarm.

[[Page 601]]

    (ii) The owner or operator determines, based on design 
considerations and operating experience, a criterion that indicates 
failure of the seal system, the barrier fluid system, or both.
    (iii) If the sensor indicates failure of the seal system, the 
barrier fluid system, or both, based on the criterion established in 
paragraph (d)(5)(ii) of this section, a leak is detected.
    (6)(i) When a leak is detected pursuant to paragraph (d)(4)(ii)(A) 
of this section, it shall be repaired as specified in paragraph (c) of 
this section.
    (ii) A leak detected pursuant to paragraph (d)(5)(iii) of this 
section shall be repaired within 15 days of detection by eliminating the 
conditions that activated the sensor.
    (iii) A designated leak pursuant to paragraph (d)(4)(ii)(B) of this 
section shall be repaired within 15 days of detection by eliminating 
visual indications of liquids dripping.
    (e) Any pump that is designated, as described in Sec.  60.486(e)(1) 
and (2), for no detectable emissions, as indicated by an instrument 
reading of less than 500 ppm above background, is exempt from the 
requirements of paragraphs (a), (c), and (d) of this section if the 
pump:
    (1) Has no externally actuated shaft penetrating the pump housing,
    (2) Is demonstrated to be operating with no detectable emissions as 
indicated by an instrument reading of less than 500 ppm above background 
as measured by the methods specified in Sec.  60.485(c), and
    (3) Is tested for compliance with paragraph (e)(2) of this section 
initially upon designation, annually, and at other times requested by 
the Administrator.
    (f) If any pump is equipped with a closed vent system capable of 
capturing and transporting any leakage from the seal or seals to a 
process or to a fuel gas system or to a control device that complies 
with the requirements of Sec.  60.482-10, it is exempt from paragraphs 
(a) through (e) of this section.
    (g) Any pump that is designated, as described in Sec.  60.486(f)(1), 
as an unsafe-to-monitor pump is exempt from the monitoring and 
inspection requirements of paragraphs (a) and (d)(4) through (6) of this 
section if:
    (1) The owner or operator of the pump demonstrates that the pump is 
unsafe-to-monitor because monitoring personnel would be exposed to an 
immediate danger as a consequence of complying with paragraph (a) of 
this section; and
    (2) The owner or operator of the pump has a written plan that 
requires monitoring of the pump as frequently as practicable during 
safe-to-monitor times but not more frequently than the periodic 
monitoring schedule otherwise applicable, and repair of the equipment 
according to the procedures in paragraph (c) of this section if a leak 
is detected.
    (h) Any pump that is located within the boundary of an unmanned 
plant site is exempt from the weekly visual inspection requirement of 
paragraphs (a)(2) and (d)(4) of this section, and the daily requirements 
of paragraph (d)(5) of this section, provided that each pump is visually 
inspected as often as practicable and at least monthly.

[48 FR 48335, Oct. 18, 1983, as amended at 65 FR 61762, Oct. 17, 2000; 
65 FR 78276, Dec. 14, 2000; 72 FR 64880, Nov. 16, 2007]



Sec.  60.482-3  Standards: Compressors.

    (a) Each compressor shall be equipped with a seal system that 
includes a barrier fluid system and that prevents leakage of VOC to the 
atmosphere, except as provided in Sec.  60.482-1(c) and paragraphs (h), 
(i), and (j) of this section.
    (b) Each compressor seal system as required in paragraph (a) shall 
be:
    (1) Operated with the barrier fluid at a pressure that is greater 
than the compressor stuffing box pressure; or
    (2) Equipped with a barrier fluid system degassing reservoir that is 
routed to a process or fuel gas system or connected by a closed vent 
system to a control device that complies with the requirements of Sec.  
60.482-10; or
    (3) Equipped with a system that purges the barrier fluid into a 
process stream with zero VOC emissions to the atmosphere.
    (c) The barrier fluid system shall be in heavy liquid service or 
shall not be in VOC service.
    (d) Each barrier fluid system as described in paragraph (a) shall be 
equipped with a sensor that will detect

[[Page 602]]

failure of the seal system, barrier fluid system, or both.
    (e)(1) Each sensor as required in paragraph (d) shall be checked 
daily or shall be equipped with an audible alarm.
    (2) The owner or operator shall determine, based on design 
considerations and operating experience, a criterion that indicates 
failure of the seal system, the barrier fluid system, or both.
    (f) If the sensor indicates failure of the seal system, the barrier 
system, or both based on the criterion determined under paragraph 
(e)(2), a leak is detected.
    (g)(1) When a leak is detected, it shall be repaired as soon as 
practicable, but not later than 15 calendar days after it is detected, 
except as provided in Sec.  60.482-9.
    (2) A first attempt at repair shall be made no later than 5 calendar 
days after each leak is detected.
    (h) A compressor is exempt from the requirements of paragraphs (a) 
and (b) of this section, if it is equipped with a closed vent system to 
capture and transport leakage from the compressor drive shaft back to a 
process or fuel gas system or to a control device that complies with the 
requirements of Sec.  60.482-10, except as provided in paragraph (i) of 
this section.
    (i) Any compressor that is designated, as described in Sec.  
60.486(e) (1) and (2), for no detectable emissions, as indicated by an 
instrument reading of less than 500 ppm above background, is exempt from 
the requirements of paragraphs (a)-(h) if the compressor:
    (1) Is demonstrated to be operating with no detectable emissions, as 
indicated by an instrument reading of less than 500 ppm above 
background, as measured by the methods specified in Sec.  60.485(c); and
    (2) Is tested for compliance with paragraph (i)(1) of this section 
initially upon designation, annually, and at other times requested by 
the Administrator.
    (j) Any existing reciprocating compressor in a process unit which 
becomes an affected facility under provisions of Sec.  60.14 or Sec.  
60.15 is exempt from paragraphs (a) through (e) and (h) of this section, 
provided the owner or operator demonstrates that recasting the distance 
piece or replacing the compressor are the only options available to 
bring the compressor into compliance with the provisions of paragraphs 
(a) through (e) and (h) of this section.

[48 FR 48335, Oct. 18, 1983, as amended at 65 FR 61762, Oct. 17, 2000; 
65 FR 78277, Dec. 14, 2000; 72 FR 64881, Nov. 16, 2007]



Sec.  60.482-4  Standards: Pressure relief devices in gas/vapor service.

    (a) Except during pressure releases, each pressure relief device in 
gas/vapor service shall be operated with no detectable emissions, as 
indicated by an instrument reading of less than 500 ppm above 
background, as determined by the methods specified in Sec.  60.485(c).
    (b)(1) After each pressure release, the pressure relief device shall 
be returned to a condition of no detectable emissions, as indicated by 
an instrument reading of less than 500 ppm above background, as soon as 
practicable, but no later than 5 calendar days after the pressure 
release, except as provided in Sec.  60.482-9.
    (2) No later than 5 calendar days after the pressure release, the 
pressure relief device shall be monitored to confirm the conditions of 
no detectable emissions, as indicated by an instrument reading of less 
than 500 ppm above background, by the methods specified in Sec.  
60.485(c).
    (c) Any pressure relief device that is routed to a process or fuel 
gas system or equipped with a closed vent system capable of capturing 
and transporting leakage through the pressure relief device to a control 
device as described in Sec.  60.482-10 is exempted from the requirements 
of paragraphs (a) and (b) of this section.
    (d)(1) Any pressure relief device that is equipped with a rupture 
disk upstream of the pressure relief device is exempt from the 
requirements of paragraphs (a) and (b) of this section, provided the 
owner or operator complies with the requirements in paragraph (d)(2) of 
this section.
    (2) After each pressure release, a new rupture disk shall be 
installed upstream of the pressure relief device as soon as practicable, 
but no later than 5

[[Page 603]]

calendar days after each pressure release, except as provided in Sec.  
60.482-9.

[48 FR 48335, Oct. 18, 1983, as amended at 65 FR 61762, Oct. 17, 2000; 
65 FR 78277, Dec. 14, 2000]



Sec.  60.482-5  Standards: Sampling connection systems.

    (a) Each sampling connection system shall be equipped with a closed-
purge, closed-loop, or closed-vent system, except as provided in Sec.  
60.482-1(c) and paragraph (c) of this section.
    (b) Each closed-purge, closed-loop, or closed-vent system as 
required in paragraph (a) of this section shall comply with the 
requirements specified in paragraphs (b)(1) through (4) of this section.
    (1) Gases displaced during filling of the sample container are not 
required to be collected or captured.
    (2) Containers that are part of a closed-purge system must be 
covered or closed when not being filled or emptied.
    (3) Gases remaining in the tubing or piping between the closed-purge 
system valve(s) and sample container valve(s) after the valves are 
closed and the sample container is disconnected are not required to be 
collected or captured.
    (4) Each closed-purge, closed-loop, or closed-vent system shall be 
designed and operated to meet requirements in either paragraph 
(b)(4)(i), (ii), (iii), or (iv) of this section.
    (i) Return the purged process fluid directly to the process line.
    (ii) Collect and recycle the purged process fluid to a process.
    (iii) Capture and transport all the purged process fluid to a 
control device that complies with the requirements of Sec.  60.482-10.
    (iv) Collect, store, and transport the purged process fluid to any 
of the following systems or facilities:
    (A) A waste management unit as defined in Sec.  63.111, if the waste 
management unit is subject to and operated in compliance with the 
provisions of 40 CFR part 63, subpart G, applicable to Group 1 
wastewater streams;
    (B) A treatment, storage, or disposal facility subject to regulation 
under 40 CFR part 262, 264, 265, or 266;
    (C) A facility permitted, licensed, or registered by a state to 
manage municipal or industrial solid waste, if the process fluids are 
not hazardous waste as defined in 40 CFR part 261;
    (D) A waste management unit subject to and operated in compliance 
with the treatment requirements of Sec.  61.348(a), provided all waste 
management units that collect, store, or transport the purged process 
fluid to the treatment unit are subject to and operated in compliance 
with the management requirements of Sec. Sec.  61.343 through 61.347; or
    (E) A device used to burn off-specification used oil for energy 
recovery in accordance with 40 CFR part 279, subpart G, provided the 
purged process fluid is not hazardous waste as defined in 40 CFR part 
261.
    (c) In situ sampling systems and sampling systems without purges are 
exempt from the requirements of paragraphs (a) and (b) of this section.

[60 FR 43258, Aug. 18, 1995, as amended at 65 FR 61762, Oct. 17, 2000; 
65 FR 78277, Dec. 14, 2000; 72 FR 64881, Nov. 16, 2007]



Sec.  60.482-6  Standards: Open-ended valves or lines.

    (a)(1) Each open-ended valve or line shall be equipped with a cap, 
blind flange, plug, or a second valve, except as provided in Sec.  
60.482-1(c) and paragraphs (d) and (e) of this section.
    (2) The cap, blind flange, plug, or second valve shall seal the open 
end at all times except during operations requiring process fluid flow 
through the open-ended valve or line.
    (b) Each open-ended valve or line equipped with a second valve shall 
be operated in a manner such that the valve on the process fluid end is 
closed before the second valve is closed.
    (c) When a double block-and-bleed system is being used, the bleed 
valve or line may remain open during operations that require venting the 
line between the block valves but shall comply with paragraph (a) at all 
other times.
    (d) Open-ended valves or lines in an emergency shutdown system which 
are designed to open automatically in the event of a process upset are 
exempt from the requirements of paragraphs (a), (b) and (c) of this 
section.

[[Page 604]]

    (e) Open-ended valves or lines containing materials which would 
autocatalytically polymerize or would present an explosion, serious 
overpressure, or other safety hazard if capped or equipped with a double 
block and bleed system as specified in paragraphs (a) through (c) of 
this section are exempt from the requirements of paragraphs (a) through 
(c) of this section.

[48 FR 48335, Oct. 18, 1983, as amended at 49 FR 22607, May 30, 1984; 65 
FR 78277, Dec. 14, 2000; 72 FR 64881, Nov. 16, 2007]



Sec.  60.482-7  Standards: Valves in gas/vapor service and in light liquid service.

    (a)(1) Each valve shall be monitored monthly to detect leaks by the 
methods specified in Sec.  60.485(b) and shall comply with paragraphs 
(b) through (e) of this section, except as provided in paragraphs (f), 
(g), and (h) of this section, Sec.  60.482-1(c) and (f), and Sec. Sec.  
60.483-1 and 60.483-2.
    (2) A valve that begins operation in gas/vapor service or light 
liquid service after the initial startup date for the process unit must 
be monitored according to paragraphs (a)(2)(i) or (ii), except for a 
valve that replaces a leaking valve and except as provided in paragraphs 
(f), (g), and (h) of this section, Sec.  60.482-1(c), and Sec. Sec.  
60.483-1 and 60.483-2.
    (i) Monitor the valve as in paragraph (a)(1) of this section. The 
valve must be monitored for the first time within 30 days after the end 
of its startup period to ensure proper installation.
    (ii) If the valves on the process unit are monitored in accordance 
with Sec.  60.483-1 or Sec.  60.483-2, count the new valve as leaking 
when calculating the percentage of valves leaking as described in Sec.  
60.483-2(b)(5). If less than 2.0 percent of the valves are leaking for 
that process unit, the valve must be monitored for the first time during 
the next scheduled monitoring event for existing valves in the process 
unit or within 90 days, whichever comes first.
    (b) If an instrument reading of 10,000 ppm or greater is measured, a 
leak is detected.
    (c)(1)(i) Any valve for which a leak is not detected for 2 
successive months may be monitored the first month of every quarter, 
beginning with the next quarter, until a leak is detected.
    (ii) As an alternative to monitoring all of the valves in the first 
month of a quarter, an owner or operator may elect to subdivide the 
process unit into 2 or 3 subgroups of valves and monitor each subgroup 
in a different month during the quarter, provided each subgroup is 
monitored every 3 months. The owner or operator must keep records of the 
valves assigned to each subgroup.
    (2) If a leak is detected, the valve shall be monitored monthly 
until a leak is not detected for 2 successive months.
    (d)(1) When a leak is detected, it shall be repaired as soon as 
practicable, but no later than 15 calendar days after the leak is 
detected, except as provided in Sec.  60.482-9.
    (2) A first attempt at repair shall be made no later than 5 calendar 
days after each leak is detected.
    (e) First attempts at repair include, but are not limited to, the 
following best practices where practicable:
    (1) Tightening of bonnet bolts;
    (2) Replacement of bonnet bolts;
    (3) Tightening of packing gland nuts;
    (4) Injection of lubricant into lubricated packing.
    (f) Any valve that is designated, as described in Sec.  
60.486(e)(2), for no detectable emissions, as indicated by an instrument 
reading of less than 500 ppm above background, is exempt from the 
requirements of paragraph (a) if the valve:
    (1) Has no external actuating mechanism in contact with the process 
fluid,
    (2) Is operated with emissions less than 500 ppm above background as 
determined by the method specified in Sec.  60.485(c), and
    (3) Is tested for compliance with paragraph (f)(2) of this section 
initially upon designation, annually, and at other times requested by 
the Administrator.
    (g) Any valve that is designated, as described in Sec.  
60.486(f)(1), as an unsafe-to-monitor valve is exempt from the 
requirements of paragraph (a) if:
    (1) The owner or operator of the valve demonstrates that the valve 
is unsafe

[[Page 605]]

to monitor because monitoring personnel would be exposed to an immediate 
danger as a consequence of complying with paragraph (a), and
    (2) The owner or operator of the valve adheres to a written plan 
that requires monitoring of the valve as frequently as practicable 
during safe-to-monitor times.
    (h) Any valve that is designated, as described in Sec.  
60.486(f)(2), as a difficult-to-monitor valve is exempt from the 
requirements of paragraph (a) if:
    (1) The owner or operator of the valve demonstrates that the valve 
cannot be monitored without elevating the monitoring personnel more than 
2 meters above a support surface.
    (2) The process unit within which the valve is located either 
becomes an affected facility through Sec.  60.14 or Sec.  60.15 or the 
owner or operator designates less than 3.0 percent of the total number 
of valves as difficult-to-monitor, and
    (3) The owner or operator of the valve follows a written plan that 
requires monitoring of the valve at least once per calendar year.

[48 FR 48335, Oct. 18, 1983, as amended at 49 FR 22608, May 30, 1984; 65 
FR 61762, Oct. 17, 2000; 72 FR 64881, Nov. 16, 2007]



Sec.  60.482-8  Standards: Pumps and valves in heavy liquid service,
pressure relief devices in light liquid or heavy liquid service, and
connectors.

    (a) If evidence of a potential leak is found by visual, audible, 
olfactory, or any other detection method at pumps and valves in heavy 
liquid service, pressure relief devices in light liquid or heavy liquid 
service, and connectors, the owner or operator shall follow either one 
of the following procedures:
    (1) The owner or operator shall monitor the equipment within 5 days 
by the method specified in Sec.  60.485(b) and shall comply with the 
requirements of paragraphs (b) through (d) of this section.
    (2) The owner or operator shall eliminate the visual, audible, 
olfactory, or other indication of a potential leak within 5 calendar 
days of detection.
    (b) If an instrument reading of 10,000 ppm or greater is measured, a 
leak is detected.
    (c)(1) When a leak is detected, it shall be repaired as soon as 
practicable, but not later than 15 calendar days after it is detected, 
except as provided in Sec.  60.482-9.
    (2) The first attempt at repair shall be made no later than 5 
calendar days after each leak is detected.
    (d) First attempts at repair include, but are not limited to, the 
best practices described under Sec. Sec.  60.482-2(c)(2) and 60.482-
7(e).

[48 CFR 48335, Oct. 18, 1983, as amended at 65 FR 78277, Dec. 14, 2000; 
72 FR 64882, Nov. 16, 2007]



Sec.  60.482-9  Standards: Delay of repair.

    (a) Delay of repair of equipment for which leaks have been detected 
will be allowed if repair within 15 days is technically infeasible 
without a process unit shutdown. Repair of this equipment shall occur 
before the end of the next process unit shutdown. Monitoring to verify 
repair must occur within 15 days after startup of the process unit.
    (b) Delay of repair of equipment will be allowed for equipment which 
is isolated from the process and which does not remain in VOC service.
    (c) Delay of repair for valves will be allowed if:
    (1) The owner or operator demonstrates that emissions of purged 
material resulting from immediate repair are greater than the fugitive 
emissions likely to result from delay of repair, and
    (2) When repair procedures are effected, the purged material is 
collected and destroyed or recovered in a control device complying with 
Sec.  60.482-10.
    (d) Delay of repair for pumps will be allowed if:
    (1) Repair requires the use of a dual mechanical seal system that 
includes a barrier fluid system, and
    (2) Repair is completed as soon as practicable, but not later than 6 
months after the leak was detected.
    (e) Delay of repair beyond a process unit shutdown will be allowed 
for a valve, if valve assembly replacement is necessary during the 
process unit shutdown, valve assembly supplies have been depleted, and 
valve assembly supplies had been sufficiently stocked before the 
supplies were depleted. Delay

[[Page 606]]

of repair beyond the next process unit shutdown will not be allowed 
unless the next process unit shutdown occurs sooner than 6 months after 
the first process unit shutdown.
    (f) When delay of repair is allowed for a leaking pump or valve that 
remains in service, the pump or valve may be considered to be repaired 
and no longer subject to delay of repair requirements if two consecutive 
monthly monitoring instrument readings are below the leak definition.

[48 FR 48335, Oct. 18, 1983, as amended at 65 FR 78277, Dec. 14, 2000; 
72 FR 64882, Nov. 16, 2007]



Sec.  60.482-10  Standards: Closed vent systems and control devices.

    (a) Owners or operators of closed vent systems and control devices 
used to comply with provisions of this subpart shall comply with the 
provisions of this section.
    (b) Vapor recovery systems (for example, condensers and absorbers) 
shall be designed and operated to recover the VOC emissions vented to 
them with an efficiency of 95 percent or greater, or to an exit 
concentration of 20 parts per million by volume, whichever is less 
stringent.
    (c) Enclosed combustion devices shall be designed and operated to 
reduce the VOC emissions vented to them with an efficiency of 95 percent 
or greater, or to an exit concentration of 20 parts per million by 
volume, on a dry basis, corrected to 3 percent oxygen, whichever is less 
stringent or to provide a minimum residence time of 0.75 seconds at a 
minimum temperature of 816 [deg]C.
    (d) Flares used to comply with this subpart shall comply with the 
requirements of Sec.  60.18.
    (e) Owners or operators of control devices used to comply with the 
provisions of this subpart shall monitor these control devices to ensure 
that they are operated and maintained in conformance with their designs.
    (f) Except as provided in paragraphs (i) through (k) of this 
section, each closed vent system shall be inspected according to the 
procedures and schedule specified in paragraphs (f)(1) and (f)(2) of 
this section.
    (1) If the vapor collection system or closed vent system is 
constructed of hard-piping, the owner or operator shall comply with the 
requirements specified in paragraphs (f)(1)(i) and (f)(1)(ii) of this 
section:
    (i) Conduct an initial inspection according to the procedures in 
Sec.  60.485(b); and
    (ii) Conduct annual visual inspections for visible, audible, or 
olfactory indications of leaks.
    (2) If the vapor collection system or closed vent system is 
constructed of ductwork, the owner or operator shall:
    (i) Conduct an initial inspection according to the procedures in 
Sec.  60.485(b); and
    (ii) Conduct annual inspections according to the procedures in Sec.  
60.485(b).
    (g) Leaks, as indicated by an instrument reading greater than 500 
parts per million by volume above background or by visual inspections, 
shall be repaired as soon as practicable except as provided in paragraph 
(h) of this section.
    (1) A first attempt at repair shall be made no later than 5 calendar 
days after the leak is detected.
    (2) Repair shall be completed no later than 15 calendar days after 
the leak is detected.
    (h) Delay of repair of a closed vent system for which leaks have 
been detected is allowed if the repair is technically infeasible without 
a process unit shutdown or if the owner or operator determines that 
emissions resulting from immediate repair would be greater than the 
fugitive emissions likely to result from delay of repair. Repair of such 
equipment shall be complete by the end of the next process unit 
shutdown.
    (i) If a vapor collection system or closed vent system is operated 
under a vacuum, it is exempt from the inspection requirements of 
paragraphs (f)(1)(i) and (f)(2) of this section.
    (j) Any parts of the closed vent system that are designated, as 
described in paragraph (l)(1) of this section, as unsafe to inspect are 
exempt from the inspection requirements of paragraphs (f)(1)(i) and 
(f)(2) of this section if they comply with the requirements specified in 
paragraphs (j)(1) and (j)(2) of this section:
    (1) The owner or operator determines that the equipment is unsafe to 
inspect

[[Page 607]]

because inspecting personnel would be exposed to an imminent or 
potential danger as a consequence of complying with paragraphs (f)(1)(i) 
or (f)(2) of this section; and
    (2) The owner or operator has a written plan that requires 
inspection of the equipment as frequently as practicable during safe-to-
inspect times.
    (k) Any parts of the closed vent system that are designated, as 
described in paragraph (l)(2) of this section, as difficult to inspect 
are exempt from the inspection requirements of paragraphs (f)(1)(i) and 
(f)(2) of this section if they comply with the requirements specified in 
paragraphs (k)(1) through (k)(3) of this section:
    (1) The owner or operator determines that the equipment cannot be 
inspected without elevating the inspecting personnel more than 2 meters 
above a support surface; and
    (2) The process unit within which the closed vent system is located 
becomes an affected facility through Sec. Sec.  60.14 or 60.15, or the 
owner or operator designates less than 3.0 percent of the total number 
of closed vent system equipment as difficult to inspect; and
    (3) The owner or operator has a written plan that requires 
inspection of the equipment at least once every 5 years. A closed vent 
system is exempt from inspection if it is operated under a vacuum.
    (l) The owner or operator shall record the information specified in 
paragraphs (l)(1) through (l)(5) of this section.
    (1) Identification of all parts of the closed vent system that are 
designated as unsafe to inspect, an explanation of why the equipment is 
unsafe to inspect, and the plan for inspecting the equipment.
    (2) Identification of all parts of the closed vent system that are 
designated as difficult to inspect, an explanation of why the equipment 
is difficult to inspect, and the plan for inspecting the equipment.
    (3) For each inspection during which a leak is detected, a record of 
the information specified in Sec.  60.486(c).
    (4) For each inspection conducted in accordance with Sec.  60.485(b) 
during which no leaks are detected, a record that the inspection was 
performed, the date of the inspection, and a statement that no leaks 
were detected.
    (5) For each visual inspection conducted in accordance with 
paragraph (f)(1)(ii) of this section during which no leaks are detected, 
a record that the inspection was performed, the date of the inspection, 
and a statement that no leaks were detected.
    (m) Closed vent systems and control devices used to comply with 
provisions of this subpart shall be operated at all times when emissions 
may be vented to them.

[48 FR 48335, Oct. 18, 1983, as amended at 51 FR 2702, Jan. 21, 1986; 60 
FR 43258, Aug. 18, 1995; 61 FR 29878, June 12, 1996; 65 FR 78277, Dec. 
14, 2000]



Sec.  60.483-1  Alternative standards for valves--allowable percentage 
of valves leaking.

    (a) An owner or operator may elect to comply with an allowable 
percentage of valves leaking of equal to or less than 2.0 percent.
    (b) The following requirements shall be met if an owner or operator 
wishes to comply with an allowable percentage of valves leaking:
    (1) An owner or operator must notify the Administrator that the 
owner or operator has elected to comply with the allowable percentage of 
valves leaking before implementing this alternative standard, as 
specified in Sec.  60.487(d).
    (2) A performance test as specified in paragraph (c) of this section 
shall be conducted initially upon designation, annually, and at other 
times requested by the Administrator.
    (3) If a valve leak is detected, it shall be repaired in accordance 
with Sec.  60.482-7(d) and (e).
    (c) Performance tests shall be conducted in the following manner:
    (1) All valves in gas/vapor and light liquid service within the 
affected facility shall be monitored within 1 week by the methods 
specified in Sec.  60.485(b).
    (2) If an instrument reading of 10,000 ppm or greater is measured, a 
leak is detected.
    (3) The leak percentage shall be determined by dividing the number 
of valves for which leaks are detected by the number of valves in gas/
vapor and

[[Page 608]]

light liquid service within the affected facility.
    (d) Owners and operators who elect to comply with this alternative 
standard shall not have an affected facility with a leak percentage 
greater than 2.0 percent, determined as described in Sec.  60.485(h).

[48 FR 48335, Oct. 18, 1983, as amended at 65 FR 61762, Oct. 17, 2000; 
65 FR 78278, Dec. 14, 2000; 72 FR 64882, Nov. 16, 2007]



Sec.  60.483-2  Alternative standards for valves--skip period leak 
detection and repair.

    (a)(1) An owner or operator may elect to comply with one of the 
alternative work practices specified in paragraphs (b)(2) and (3) of 
this section.
    (2) An owner or operator must notify the Administrator before 
implementing one of the alternative work practices, as specified in 
Sec.  60.487(d).
    (b)(1) An owner or operator shall comply initially with the 
requirements for valves in gas/vapor service and valves in light liquid 
service, as described in Sec.  60.482-7.
    (2) After 2 consecutive quarterly leak detection periods with the 
percent of valves leaking equal to or less than 2.0, an owner or 
operator may begin to skip 1 of the quarterly leak detection periods for 
the valves in gas/vapor and light liquid service.
    (3) After 5 consecutive quarterly leak detection periods with the 
percent of valves leaking equal to or less than 2.0, an owner or 
operator may begin to skip 3 of the quarterly leak detection periods for 
the valves in gas/vapor and light liquid service.
    (4) If the percent of valves leaking is greater than 2.0, the owner 
or operator shall comply with the requirements as described in Sec.  
60.482-7 but can again elect to use this section.
    (5) The percent of valves leaking shall be determined as described 
in Sec.  60.485(h).
    (6) An owner or operator must keep a record of the percent of valves 
found leaking during each leak detection period.
    (7) A valve that begins operation in gas/vapor service or light 
liquid service after the initial startup date for a process unit 
following one of the alternative standards in this section must be 
monitored in accordance with Sec.  60.482-7(a)(2)(i) or (ii) before the 
provisions of this section can be applied to that valve.

[48 FR 48335, Oct. 18, 1983, as amended at 65 FR 61762, Oct. 17, 2000; 
65 FR 78278, Dec. 14, 2000; 72 FR 64882, Nov. 16, 2007]



Sec.  60.484  Equivalence of means of emission limitation.

    (a) Each owner or operator subject to the provisions of this subpart 
may apply to the Administrator for determination of equivalence for any 
means of emission limitation that achieves a reduction in emissions of 
VOC at least equivalent to the reduction in emissions of VOC achieved by 
the controls required in this subpart.
    (b) Determination of equivalence to the equipment, design, and 
operational requirements of this subpart will be evaluated by the 
following guidelines:
    (1) Each owner or operator applying for an equivalence determination 
shall be responsible for collecting and verifying test data to 
demonstrate equivalence of means of emission limitation.
    (2) The Administrator will compare test data for demonstrating 
equivalence of the means of emission limitation to test data for the 
equipment, design, and operational requirements.
    (3) The Administrator may condition the approval of equivalence on 
requirements that may be necessary to assure operation and maintenance 
to achieve the same emission reduction as the equipment, design, and 
operational requirements.
    (c) Determination of equivalence to the required work practices in 
this subpart will be evaluated by the following guidelines:
    (1) Each owner or operator applying for a determination of 
equivalence shall be responsible for collecting and verifying test data 
to demonstrate equivalence of an equivalent means of emission 
limitation.
    (2) For each affected facility for which a determination of 
equivalence is requested, the emission reduction achieved by the 
required work practice shall be demonstrated.
    (3) For each affected facility, for which a determination of 
equivalence is requested, the emission reduction

[[Page 609]]

achieved by the equivalent means of emission limitation shall be 
demonstrated.
    (4) Each owner or operator applying for a determination of 
equivalence shall commit in writing to work practice(s) that provide for 
emission reductions equal to or greater than the emission reductions 
achieved by the required work practice.
    (5) The Administrator will compare the demonstrated emission 
reduction for the equivalent means of emission limitation to the 
demonstrated emission reduction for the required work practices and will 
consider the commitment in paragraph (c)(4).
    (6) The Administrator may condition the approval of equivalence on 
requirements that may be necessary to assure operation and maintenance 
to achieve the same emission reduction as the required work practice.
    (d) An owner or operator may offer a unique approach to demonstrate 
the equivalence of any equivalent means of emission limitation.
    (e)(1) After a request for determination of equivalence is received, 
the Administrator will publish a notice in the Federal Register and 
provide the opportunity for public hearing if the Administrator judges 
that the request may be approved.
    (2) After notice and opportunity for public hearing, the 
Administrator will determine the equivalence of a means of emission 
limitation and will publish the determination in the Federal Register.
    (3) Any equivalent means of emission limitations approved under this 
section shall constitute a required work practice, equipment, design, or 
operational standard within the meaning of section 111(h)(1) of the 
Clean Air Act.
    (f)(1) Manufacturers of equipment used to control equipment leaks of 
VOC may apply to the Administrator for determination of equivalence for 
any equivalent means of emission limitation that achieves a reduction in 
emissions of VOC achieved by the equipment, design, and operational 
requirements of this subpart.
    (2) The Administrator will make an equivalence determination 
according to the provisions of paragraphs (b), (c), (d), and (e) of this 
section.

[48 FR 48335, Oct. 18, 1983, as amended at 65 FR 61762, Oct. 17, 2000; 
72 FR 64882, Nov. 16, 2007]



Sec.  60.485  Test methods and procedures.

    (a) In conducting the performance tests required in Sec.  60.8, the 
owner or operator shall use as reference methods and procedures the test 
methods in appendix A of this part or other methods and procedures as 
specified in this section, except as provided in Sec.  60.8(b).
    (b) The owner or operator shall determine compliance with the 
standards in Sec. Sec.  60.482-1 through 60.482-10, 60.483, and 60.484 
as follows:
    (1) Method 21 shall be used to determine the presence of leaking 
sources. The instrument shall be calibrated before use each day of its 
use by the procedures specified in Method 21. The following calibration 
gases shall be used:
    (i) Zero air (less than 10 ppm of hydrocarbon in air); and
    (ii) A mixture of methane or n-hexane and air at a concentration of 
about, but less than, 10,000 ppm methane or n-hexane.
    (c) The owner or operator shall determine compliance with the no 
detectable emission standards in Sec. Sec.  60.482-2(e), 60.482-3(i), 
60.482-4, 60.482-7(f), and 60.482-10(e) as follows:
    (1) The requirements of paragraph (b) shall apply.
    (2) Method 21 shall be used to determine the background level. All 
potential leak interfaces shall be traversed as close to the interface 
as possible. The arithmetic difference between the maximum concentration 
indicated by the instrument and the background level is compared with 
500 ppm for determining compliance.
    (d) The owner or operator shall test each piece of equipment unless 
he demonstrates that a process unit is not in VOC service, i.e., that 
the VOC content would never be reasonably expected to exceed 10 percent 
by weight. For purposes of this demonstration, the following methods and 
procedures shall be used:
    (1) Procedures that conform to the general methods in ASTM E260-73, 
91, or 96, E168-67, 77, or 92, E169-63, 77, or 93 (incorporated by 
reference--see Sec.  60.17)

[[Page 610]]

shall be used to determine the percent VOC content in the process fluid 
that is contained in or contacts a piece of equipment.
    (2) Organic compounds that are considered by the Administrator to 
have negligible photochemical reactivity may be excluded from the total 
quantity of organic compounds in determining the VOC content of the 
process fluid.
    (3) Engineering judgment may be used to estimate the VOC content, if 
a piece of equipment had not been shown previously to be in service. If 
the Administrator disagrees with the judgment, paragraphs (d) (1) and 
(2) of this section shall be used to resolve the disagreement.
    (e) The owner or operator shall demonstrate that a piece of 
equipment is in light liquid service by showing that all the following 
conditions apply:
    (1) The vapor pressure of one or more of the organic components is 
greater than 0.3 kPa at 20 [deg]C (1.2 in. H2O at 68 [deg]F). 
Standard reference texts or ASTM D2879-83, 96, or 97 (incorporated by 
reference--see Sec.  60.17) shall be used to determine the vapor 
pressures.
    (2) The total concentration of the pure organic components having a 
vapor pressure greater than 0.3 kPa at 20 [deg]C (1.2 in. H2O 
at 68 [deg]F) is equal to or greater than 20 percent by weight.
    (3) The fluid is a liquid at operating conditions.
    (f) Samples used in conjunction with paragraphs (d), (e), and (g) of 
this section shall be representative of the process fluid that is 
contained in or contacts the equipment or the gas being combusted in the 
flare.
    (g) The owner or operator shall determine compliance with the 
standards of flares as follows:
    (1) Method 22 shall be used to determine visible emissions.
    (2) A thermocouple or any other equivalent device shall be used to 
monitor the presence of a pilot flame in the flare.
    (3) The maximum permitted velocity for air assisted flares shall be 
computed using the following equation:
[GRAPHIC] [TIFF OMITTED] TR17OC00.016

Where:

Vmax = Maximum permitted velocity, m/sec (ft/sec)
HT = Net heating value of the gas being combusted, MJ/scm 
          (Btu/scf).
K1 = 8.706 m/sec (metric units)
 = 28.56 ft/sec (English units)
K2 = 0.7084 m\4\/(MJ-sec) (metric units)
 = 0.087 ft\4\/(Btu-sec) (English units)

    (4) The net heating value (HT) of the gas being combusted 
in a flare shall be computed using the following equation:
[GRAPHIC] [TIFF OMITTED] TR16NO07.039

Where:

K = Conversion constant, 1.740 x 10-7 (g-mole)(MJ)/(ppm-scm-
          kcal) (metric units) = 4.674 x 10-6 [(g-mole)(Btu)/
          (ppm-scf-kcal)] (English units)
Ci = Concentration of sample component ``i,'' ppm
Hi = Net heat of combustion of sample component ``i'' at 25 
          [deg]C and 760 mm Hg (77 [deg]F and 14.7 psi), kcal/g-mole

    (5) Method 18 or ASTM D6420-99 (2004) (where the target compound(s) 
are those listed in Section 1.1 of ASTM D6420-99, and the target 
concentration is between 150 parts per billion by volume and 100 parts 
per million by volume) and ASTM D2504-67, 77 or 88 (Reapproved 1993) 
(incorporated by reference--see Sec.  60.17) shall be used to determine 
the concentration of sample component ``i.''
    (6) ASTM D2382-76 or 88 or D4809-95 (incorporated by reference--see 
Sec.  60.17) shall be used to determine the net heat of combustion of 
component ``i'' if published values are not available or cannot be 
calculated.
    (7) Method 2, 2A, 2C, or 2D, as appropriate, shall be used to 
determine the actual exit velocity of a flare. If needed, the 
unobstructed (free) cross-sectional area of the flare tip shall be used.
    (h) The owner or operator shall determine compliance with Sec.  
60.483-1 or Sec.  60.483-2 as follows:
    (1) The percent of valves leaking shall be determined using the 
following equation:

%VL = (VL/VT) * 100

Where:

%VL = Percent leaking valves
VL = Number of valves found leaking

[[Page 611]]

VT = The sum of the total number of valves monitored

    (2) The total number of valves monitored shall include difficult-to-
monitor and unsafe-to-monitor valves only during the monitoring period 
in which those valves are monitored.
    (3) The number of valves leaking shall include valves for which 
repair has been delayed.
    (4) Any new valve that is not monitored within 30 days of being 
placed in service shall be included in the number of valves leaking and 
the total number of valves monitored for the monitoring period in which 
the valve is placed in service.
    (5) If the process unit has been subdivided in accordance with Sec.  
60.482-7(c)(1)(ii), the sum of valves found leaking during a monitoring 
period includes all subgroups.
    (6) The total number of valves monitored does not include a valve 
monitored to verify repair.

[54 FR 6678, Feb. 14, 1989, as amended at 54 FR 27016, June 27, 1989; 65 
FR 61763, Oct. 17, 2000; 72 FR 64882, Nov. 16, 2007]



Sec.  60.486  Recordkeeping requirements.

    (a)(1) Each owner or operator subject to the provisions of this 
subpart shall comply with the recordkeeping requirements of this 
section.
    (2) An owner or operator of more than one affected facility subject 
to the provisions of this subpart may comply with the recordkeeping 
requirements for these facilities in one recordkeeping system if the 
system identifies each record by each facility.
    (b) When each leak is detected as specified in Sec. Sec.  60.482-2, 
60.482-3, 60.482-7, 60.482-8, and 60.483-2, the following requirements 
apply:
    (1) A weatherproof and readily visible identification, marked with 
the equipment identification number, shall be attached to the leaking 
equipment.
    (2) The identification on a valve may be removed after it has been 
monitored for 2 successive months as specified in Sec.  60.482-7(c) and 
no leak has been detected during those 2 months.
    (3) The identification on equipment except on a valve, may be 
removed after it has been repaired.
    (c) When each leak is detected as specified in Sec. Sec.  60.482-2, 
60.482-3, 60.482-7, 60.482-8, and 60.483-2, the following information 
shall be recorded in a log and shall be kept for 2 years in a readily 
accessible location:
    (1) The instrument and operator identification numbers and the 
equipment identification number.
    (2) The date the leak was detected and the dates of each attempt to 
repair the leak.
    (3) Repair methods applied in each attempt to repair the leak.
    (4) ``Above 10,000'' if the maximum instrument reading measured by 
the methods specified in Sec.  60.485(a) after each repair attempt is 
equal to or greater than 10,000 ppm.
    (5) ``Repair delayed'' and the reason for the delay if a leak is not 
repaired within 15 calendar days after discovery of the leak.
    (6) The signature of the owner or operator (or designate) whose 
decision it was that repair could not be effected without a process 
shutdown.
    (7) The expected date of successful repair of the leak if a leak is 
not repaired within 15 days.
    (8) Dates of process unit shutdowns that occur while the equipment 
is unrepaired.
    (9) The date of successful repair of the leak.
    (d) The following information pertaining to the design requirements 
for closed vent systems and control devices described in Sec.  60.482-10 
shall be recorded and kept in a readily accessible location:
    (1) Detailed schematics, design specifications, and piping and 
instrumentation diagrams.
    (2) The dates and descriptions of any changes in the design 
specifications.
    (3) A description of the parameter or parameters monitored, as 
required in Sec.  60.482-10(e), to ensure that control devices are 
operated and maintained in conformance with their design and an 
explanation of why that parameter (or parameters) was selected for the 
monitoring.
    (4) Periods when the closed vent systems and control devices 
required in Sec. Sec.  60.482-2, 60.482-3, 60.482-4, and 60.482-5 are 
not operated as designed, including periods when a flare pilot light 
does not have a flame.

[[Page 612]]

    (5) Dates of startups and shutdowns of the closed vent systems and 
control devices required in Sec. Sec.  60.482-2, 60.482-3, 60.482-4, and 
60.482-5.
    (e) The following information pertaining to all equipment subject to 
the requirements in Sec. Sec.  60.482-1 to 60.482-10 shall be recorded 
in a log that is kept in a readily accessible location:
    (1) A list of identification numbers for equipment subject to the 
requirements of this subpart.
    (2)(i) A list of identification numbers for equipment that are 
designated for no detectable emissions under the provisions of 
Sec. Sec.  60.482-2(e), 60.482-3(i) and 60.482-7(f).
    (ii) The designation of equipment as subject to the requirements of 
Sec.  60.482-2(e), Sec.  60.482-3(i), or Sec.  60.482-7(f) shall be 
signed by the owner or operator. Alternatively, the owner or operator 
may establish a mechanism with their permitting authority that satisfies 
this requirement.
    (3) A list of equipment identification numbers for pressure relief 
devices required to comply with Sec.  60.482-4.
    (4)(i) The dates of each compliance test as required in Sec. Sec.  
60.482-2(e), 60.482-3(i), 60.482-4, and 60.482-7(f).
    (ii) The background level measured during each compliance test.
    (iii) The maximum instrument reading measured at the equipment 
during each compliance test.
    (5) A list of identification numbers for equipment in vacuum 
service.
    (6) A list of identification numbers for equipment that the owner or 
operator designates as operating in VOC service less than 300 hr/yr in 
accordance with Sec.  60.482-1(e), a description of the conditions under 
which the equipment is in VOC service, and rationale supporting the 
designation that it is in VOC service less than 300 hr/yr.
    (f) The following information pertaining to all valves subject to 
the requirements of Sec.  60.482-7(g) and (h) and to all pumps subject 
to the requirements of Sec.  60.482-2(g) shall be recorded in a log that 
is kept in a readily accessible location:
    (1) A list of identification numbers for valves and pumps that are 
designated as unsafe-to-monitor, an explanation for each valve or pump 
stating why the valve or pump is unsafe-to-monitor, and the plan for 
monitoring each valve or pump.
    (2) A list of identification numbers for valves that are designated 
as difficult-to-monitor, an explanation for each valve stating why the 
valve is difficult-to-monitor, and the schedule for monitoring each 
valve.
    (g) The following information shall be recorded for valves complying 
with Sec.  60.483-2:
    (1) A schedule of monitoring.
    (2) The percent of valves found leaking during each monitoring 
period.
    (h) The following information shall be recorded in a log that is 
kept in a readily accessible location:
    (1) Design criterion required in Sec. Sec.  60.482-2(d)(5) and 
60.482-3(e)(2) and explanation of the design criterion; and
    (2) Any changes to this criterion and the reasons for the changes.
    (i) The following information shall be recorded in a log that is 
kept in a readily accessible location for use in determining exemptions 
as provided in Sec.  60.480(d):
    (1) An analysis demonstrating the design capacity of the affected 
facility,
    (2) A statement listing the feed or raw materials and products from 
the affected facilities and an analysis demonstrating whether these 
chemicals are heavy liquids or beverage alcohol, and
    (3) An analysis demonstrating that equipment is not in VOC service.
    (j) Information and data used to demonstrate that a piece of 
equipment is not in VOC service shall be recorded in a log that is kept 
in a readily accessible location.
    (k) The provisions of Sec.  60.7 (b) and (d) do not apply to 
affected facilities subject to this subpart.

[48 FR 48335, Oct. 18, 1983, as amended at 65 FR 61763, Oct. 17, 2000; 
65 FR 78278, Dec. 14, 2000; 72 FR 64883, Nov. 16, 2007]



Sec.  60.487  Reporting requirements.

    (a) Each owner or operator subject to the provisions of this subpart 
shall submit semiannual reports to the Administrator beginning six 
months after the initial startup date.
    (b) The initial semiannual report to the Administrator shall include 
the following information:
    (1) Process unit identification.

[[Page 613]]

    (2) Number of valves subject to the requirements of Sec.  60.482-7, 
excluding those valves designated for no detectable emissions under the 
provisions of Sec.  60.482-7(f).
    (3) Number of pumps subject to the requirements of Sec.  60.482-2, 
excluding those pumps designated for no detectable emissions under the 
provisions of Sec.  60.482-2(e) and those pumps complying with Sec.  
60.482-2(f).
    (4) Number of compressors subject to the requirements of Sec.  
60.482-3, excluding those compressors designated for no detectable 
emissions under the provisions of Sec.  60.482-3(i) and those 
compressors complying with Sec.  60.482-3(h).
    (c) All semiannual reports to the Administrator shall include the 
following information, summarized from the information in Sec.  60.486:
    (1) Process unit identification.
    (2) For each month during the semiannual reporting period,
    (i) Number of valves for which leaks were detected as described in 
Sec.  60.482-7(b) or Sec.  60.483-2,
    (ii) Number of valves for which leaks were not repaired as required 
in Sec.  60.482-7(d)(1),
    (iii) Number of pumps for which leaks were detected as described in 
Sec.  60.482-2(b), (d)(4)(ii)(A) or (B), or (d)(5)(iii),
    (iv) Number of pumps for which leaks were not repaired as required 
in Sec.  60.482-2(c)(1) and (d)(6),
    (v) Number of compressors for which leaks were detected as described 
in Sec.  60.482-3(f),
    (vi) Number of compressors for which leaks were not repaired as 
required in Sec.  60.482-3(g)(1), and
    (vii) The facts that explain each delay of repair and, where 
appropriate, why a process unit shutdown was technically infeasible.
    (3) Dates of process unit shutdowns which occurred within the 
semiannual reporting period.
    (4) Revisions to items reported according to paragraph (b) if 
changes have occurred since the initial report or subsequent revisions 
to the initial report.
    (d) An owner or operator electing to comply with the provisions of 
Sec.  60.483-1 or Sec.  60.483-2 shall notify the Administrator of the 
alternative standard selected 90 days before implementing either of the 
provisions.
    (e) An owner or operator shall report the results of all performance 
tests in accordance with Sec.  60.8 of the General Provisions. The 
provisions of Sec.  60.8(d) do not apply to affected facilities subject 
to the provisions of this subpart except that an owner or operator must 
notify the Administrator of the schedule for the initial performance 
tests at least 30 days before the initial performance tests.
    (f) The requirements of paragraphs (a) through (c) of this section 
remain in force until and unless EPA, in delegating enforcement 
authority to a State under section 111(c) of the Act, approves reporting 
requirements or an alternative means of compliance surveillance adopted 
by such State. In that event, affected sources within the State will be 
relieved of the obligation to comply with the requirements of paragraphs 
(a) through (c) of this section, provided that they comply with the 
requirements established by the State.

[48 FR 48335, Oct. 18, 1983, as amended at 49 FR 22608, May 30, 1984; 65 
FR 61763, Oct. 17, 2000; 72 FR 64883, Nov. 16, 2007]



Sec.  60.488  Reconstruction.

    For the purposes of this subpart:
    (a) The cost of the following frequently replaced components of the 
facility shall not be considered in calculating either the ``fixed 
capital cost of the new components'' or the ``fixed capital costs that 
would be required to construct a comparable new facility'' under Sec.  
60.15: pump seals, nuts and bolts, rupture disks, and packings.
    (b) Under Sec.  60.15, the ``fixed capital cost of new components'' 
includes the fixed capital cost of all depreciable components (except 
components specified in Sec.  60.488 (a)) which are or will be replaced 
pursuant to all continuous programs of component replacement which are 
commenced within any 2-year period following the applicability date for 
the appropriate subpart. (See the ``Applicability and designation of 
affected facility'' section of the appropriate subpart.) For purposes of 
this paragraph, ``commenced'' means that an owner or operator has 
undertaken a

[[Page 614]]

continuous program of component replacement or that an owner or operator 
has entered into a contractual obligation to undertake and complete, 
within a reasonable time, a continuous program of component replacement.

[49 FR 22608, May 30, 1984]



Sec.  60.489  List of chemicals produced by affected facilities.

    The following chemicals are produced, as intermediates or final 
products, by process units covered under this subpart. The applicability 
date for process units producing one or more of these chemicals is 
January 5, 1981.

------------------------------------------------------------------------
             CAS No. \a\                           Chemical
------------------------------------------------------------------------
105-57-7............................  Acetal.
75-07-0.............................  Acetaldehyde.
107-89-1............................  Acetaldol.
60-35-5.............................  Acetamide.
103-84-4............................  Acetanilide.
64-19-7.............................  Acetic acid.
108-24-7............................  Acetic anhydride.
67-64-1.............................  Acetone.
75-86-5.............................  Acetone cyanohydrin.
75-05-8.............................  Acetonitrile.
98-86-2.............................  Acetophenone.
75-36-5.............................  Acetyl chloride.
74-86-2.............................  Acetylene.
107-02-8............................  Acrolein.
79-06-1.............................  Acrylamide.
79-10-7.............................  Acrylic acid.
107-13-1............................  Acrylonitrile.
124-04-9............................  Adipic acid.
111-69-3............................  Adiponitrile.
(\b\)...............................  Alkyl naphthalenes.
107-18-6............................  Allyl alcohol.
107-05-1............................  Allyl chloride.
1321-11-5...........................  Aminobenzoic acid.
111-41-1............................  Aminoethylethanolamine.
123-30-8............................  p-Aminophenol.
628-63-7, 123-92-2..................  Amyl acetates.
71-41-0 \c\.........................  Amyl alcohols.
110-58-7............................  Amyl amine.
543-59-9............................  Amyl chloride.
110-66-7 \c\........................  Amyl mercaptans.
1322-06-1...........................  Amyl phenol.
62-53-3.............................  Aniline.
142-04-1............................  Aniline hydrochloride.
29191-52-4..........................  Anisidine.
100-66-3............................  Anisole.
118-92-3............................  Anthranilic acid.
84-65-1.............................  Anthraquinone.
100-52-7............................  Benzaldehyde.
55-21-0.............................  Benzamide.
71-43-2.............................  Benzene.
98-48-6.............................  Benzenedisulfonic acid.
98-11-3.............................  Benzenesulfonic acid.
134-81-6............................  Benzil.
76-93-7.............................  Benzilic acid.
65-85-0.............................  Benzoic acid.
119-53-9............................  Benzoin.
100-47-0............................  Benzonitrile.
119-61-9............................  Benzophenone.
98-07-7.............................  Benzotrichloride.
98-88-4.............................  Benzoyl chloride.
100-51-6............................  Benzyl alcohol.
100-46-9............................  Benzylamine.
120-51-4............................  Benzyl benzoate.
100-44-7............................  Benzyl chloride.
98-87-3.............................  Benzyl dichloride.
92-52-4.............................  Biphenyl.
80-05-7.............................  Bisphenol A.
10-86-1.............................  Bromobenzene.
27497-51-4..........................  Bromonaphthalene.
106-99-0............................  Butadiene.
106-98-9............................  1-butene.
123-86-4............................  n-butyl acetate.
141-32-2............................  n-butyl acrylate.
71-36-3.............................  n-butyl alcohol.
78-92-2.............................  s-butyl alcohol.
75-65-0.............................  t-butyl alcohol.
109-73-9............................  n-butylamine.
13952-84-6..........................  s-butylamine.
75-64-9.............................  t-butylamine.
98-73-7.............................  p-tert-butyl benzoic acid.
107-88-0............................  1,3-butylene glycol.
123-72-8............................  n-butyraldehyde.
107-92-6............................  Butyric acid.
106-31-0............................  Butyric anhydride.
109-74-0............................  Butyronitrile.
105-60-2............................  Caprolactam.
75-1-50.............................  Carbon disulfide.
558-13-4............................  Carbon tetrabromide.
56-23-5.............................  Carbon tetrachloride.
9004-35-7...........................  Cellulose acetate.
79-11-8.............................  Chloroacetic acid.
108-42-9............................  m-chloroaniline.
95-51-2.............................  o-chloroaniline.
106-47-8............................  p-chloroaniline.
35913-09-8..........................  Chlorobenzaldehyde.
108-90-7............................  Chlorobenzene.
118-91-2, 535-80-8, 74-11-3 \c\.....  Chlorobenzoic acid.
2136-81-4, 2136-89-2, 5216-25-1\c\..  Chlorobenzotrichloride.
1321-03-5...........................  Chlorobenzoyl chloride.
25497-29-4..........................  Chlorodifluoromethane.
75-45-6.............................  Chlorodifluoroethane.
67-66-3.............................  Chloroform.
25586-43-0..........................  Chloronaphthalene.
88-73-3.............................  o-chloronitrobenzene.
100-00-5............................  p-chloronitrobenzene.
25167-80-0..........................  Chlorophenols.
126-99-8............................  Chloroprene.
7790-94-5...........................  Chlorosulfonic acid.
108-41-8............................  m-chlorotoluene.
95-49-8.............................  o-chlorotoluene.
106-43-4............................  p-chlorotoluene.
75-72-9.............................  Chlorotrifluoromethane.
108-39-4............................  m-cresol.
95-48-7.............................  o-cresol.
106-44-5............................  p-cresol.
1319-77-3...........................  Mixed cresols.
1319-77-3...........................  Cresylic acid.
4170-30-0...........................  Crotonaldehyde.
3724-65-0...........................  Crotonic acid.
98-82-8.............................  Cumene.
80-15-9.............................  Cumene hydroperoxide.
372-09-8............................  Cyanoacetic acid.
506-77-4............................  Cyanogen chloride.
108-80-5............................  Cyanuric acid.
108-77-0............................  Cyanuric chloride.
110-82-7............................  Cyclohexane.
108-93-0............................  Cyclohexanol.
108-94-1............................  Cyclohexanone.
110-83-8............................  Cyclohexene.
108-91-8............................  Cyclohexylamine.
111-78-4............................  Cyclooctadiene.

[[Page 615]]

 
112-30-1............................  Decanol.
123-42-2............................  Diacetone alcohol.
27576-04-1..........................  Diaminobenzoic acid.
95-76-1, 95-82-9, 554-00-7, 608-27-   Dichloroaniline.
 5, 608-31-1, 626-43-7, 27134-27-6,
 57311-92-9 \c\.
541-73-1............................  m-dichlorobenzene.
95-50-1.............................  o-dichlorobenzene.
106-46-7............................  p-dichlorobenzene.
75-71-8.............................  Dichlorodifluoromethane.
111-44-4............................  Dichloroethyl ether.
107-06-2............................  1,2-dichloroethane (EDC).
96-23-1.............................  Dichlorohydrin.
26952-23-8..........................  Dichloropropene.
101-83-7............................  Dicyclohexylamine.
109-89-7............................  Diethylamine.
111-46-6............................  Diethylene glycol.
112-36-7............................  Diethylene glycol diethyl ether.
111-96-6............................  Diethylene glycol dimethyl ether.
112-34-5............................  Diethylene glycol monobutyl ether.
124-17-4............................  Diethylene glycol monobutyl ether
                                       acetate.
111-90-0............................  Diethylene glycol monoethyl ether.
112-15-2............................  Diethylene glycol monoethyl ether
                                       acetate.
111-77-3............................  Diethylene glycol monomethyl
                                       ether.
64-67-5.............................  Diethyl sulfate.
75-37-6.............................  Difluoroethane.
25167-70-8..........................  Diisobutylene.
26761-40-0..........................  Diisodecyl phthalate.
27554-26-3..........................  Diisooctyl phthalate.
674-82-8............................  Diketene.
124-40-3............................  Dimethylamine.
121-69-7............................  N,N-dimethylaniline.
115-10-6............................  N,N-dimethyl ether.
68-12-2.............................  N,N-dimethylformamide.
57-14-7.............................  Dimethylhydrazine.
77-78-1.............................  Dimethyl sulfate.
75-18-3.............................  Dimethyl sulfide.
67-68-5.............................  Dimethyl sulfoxide.
120-61-6............................  Dimethyl terephthalate.
99-34-3.............................  3,5-dinitrobenzoic acid.
51-28-5.............................  Dinitrophenol.
25321-14-6..........................  Dinitrotoluene.
123-91-1............................  Dioxane.
646-06-0............................  Dioxilane.
122-39-4............................  Diphenylamine.
101-84-8............................  Diphenyl oxide.
102-08-9............................  Diphenyl thiourea.
25265-71-8..........................  Dipropylene glycol.
25378-22-7..........................  Dodecene.
28675-17-4..........................  Dodecylaniline.
27193-86-8..........................  Dodecylphenol.
106-89-8............................  Epichlorohydrin.
64-17-5.............................  Ethanol.
141-43-5 \c\........................  Ethanolamines.
141-78-6............................  Ethyl acetate.
141-97-9............................  Ethyl acetoacetate.
140-88-5............................  Ethyl acrylate.
75-04-7.............................  Ethylamine.
100-41-4............................  Ethylbenzene.
74-96-4.............................  Ethyl bromide.
9004-57-3...........................  Ethylcellulose.
75-00-3.............................  Ethyl chloride.
105-39-5............................  Ethyl chloroacetate.
105-56-6............................  Ethylcyanoacetate.
74-85-1.............................  Ethylene.
96-49-1.............................  Ethylene carbonate.
107-07-3............................  Ethylene chlorohydrin.
107-15-3............................  Ethylenediamine.
106-93-4............................  Ethylene dibromide.
107-21-1............................  Ethylene glycol.
111-55-7............................  Ethylene glycol diacetate.
110-71-4............................  Ethylene glycol dimethyl ether.
111-76-2............................  Ethylene glycol monobutyl ether.
112-07-2............................  Ethylene glycol monobutyl ether
                                       acetate.
110-80-5............................  Ethylene glycol monoethyl ether.
111-15-9............................  Ethylene glycol monethyl ether
                                       acetate.
109-86-4............................  Ethylene glycol monomethyl ether.
110-49-6............................  Ethylene glycol monomethyl ether
                                       acetate.
122-99-6............................  Ethylene glycol monophenyl ether.
2807-30-9...........................  Ethylene glycol monopropyl ether.
75-21-8.............................  Ethylene oxide.
60-29-7.............................  Ethyl ether
104-76-7............................  2-ethylhexanol.
122-51-0............................  Ethyl orthoformate.
95-92-1.............................  Ethyl oxalate.
41892-71-1..........................  Ethyl sodium oxalacetate.
50-00-0.............................  Formaldehyde.
75-12-7.............................  Formamide.
64-18-6.............................  Formic acid.
110-17-8............................  Fumaric acid.
98-01-1.............................  Furfural.
56-81-5.............................  Glycerol.
26545-73-7..........................  Glycerol dichlorohydrin.
25791-96-2..........................  Glycerol triether.
56-40-6.............................  Glycine.
107-22-2............................  Glyoxal.
118-74-1............................  Hexachlorobenzene.
67-72-1.............................  Hexachloroethane.
36653-82-4..........................  Hexadecyl alcohol.
124-09-4............................  Hexamethylenediamine.
629-11-8............................  Hexamethylene glycol.
100-97-0............................  Hexamethylenetetramine.
74-90-8.............................  Hydrogen cyanide.
123-31-9............................  Hydroquinone.
99-96-7.............................  p-hydroxybenzoic acid.
26760-64-5..........................  Isoamylene.
78-83-1.............................  Isobutanol.
110-19-0............................  Isobutyl acetate.
115-11-7............................  Isobutylene.
78-84-2.............................  Isobutyraldehyde.
79-31-2.............................  Isobutyric acid.
25339-17-7..........................  Isodecanol.
26952-21-6..........................  Isooctyl alcohol.
78-78-4.............................  Isopentane.
78-59-1.............................  Isophorone.
121-91-5............................  Isophthalic acid.
78-79-5.............................  Isoprene.
67-63-0.............................  Isopropanol.
108-21-4............................  Isopropyl acetate.
75-31-0.............................  Isopropylamine.
75-29-6.............................  Isopropyl chloride.
25168-06-3..........................  Isopropylphenol.
463-51-4............................  Ketene.
(\b\)...............................  Linear alkyl sulfonate.
123-01-3............................  Linear alkylbenzene (linear
                                       dodecylbenzene).
110-16-7............................  Maleic acid.
108-31-6............................  Maleic anhydride.
6915-15-7...........................  Malic acid.
141-79-7............................  Mesityl oxide.
121-47-1............................  Metanilic acid.
79-41-4.............................  Methacrylic acid.
563-47-3............................  Methallyl chloride.
67-56-1.............................  Methanol.
79-20-9.............................  Methyl acetate.
105-45-3............................  Methyl acetoacetate.
74-89-5.............................  Methylamine.
100-61-8............................  n-methylaniline.
74-83-9.............................  Methyl bromide.
37365-71-2..........................  Methyl butynol.
74-87-3.............................  Methyl chloride.

[[Page 616]]

 
108-87-2............................  Methylcyclohexane.
1331-22-2...........................  Methylcyclohexanone.
75-09-2.............................  Methylene chloride.
101-77-9............................  Methylene dianiline.
101-68-8............................  Methylene diphenyl diisocyanate.
78-93-3.............................  Methyl ethyl ketone.
107-31-3............................  Methyl formate.
108-11-2............................  Methyl isobutyl carbinol.
108-10-1............................  Methyl isobutyl ketone.
80-62-6.............................  Methyl methacrylate.
77-75-8.............................  Methylpentynol.
98-83-9.............................  a-methylstyrene.
110-91-8............................  Morpholine.
85-47-2.............................  a-naphthalene sulfonic acid.
120-18-3............................  b-naphthalene sulfonic acid.
90-15-3.............................  a-naphthol.
135-19-3............................  b-naphthol.
75-98-9.............................  Neopentanoic acid.
88-74-4.............................  o-nitroaniline.
100-01-6............................  p-nitroaniline.
91-23-6.............................  o-nitroanisole.
100-17-4............................  p-nitroanisole.
98-95-3.............................  Nitrobenzene.
27178-83-2\c\.......................  Nitrobenzoic acid (o,m, and p).
79-24-3.............................  Nitroethane.
75-52-5.............................  Nitromethane.
88-75-5.............................  2-Nitrophenol.
25322-01-4..........................  Nitropropane.
1321-12-6...........................  Nitrotoluene.
27215-95-8..........................  Nonene.
25154-52-3..........................  Nonylphenol.
27193-28-8..........................  Octylphenol.
123-63-7............................  Paraldehyde.
115-77-5............................  Pentaerythritol.
109-66-0............................  n-pentane.
109-67-1............................  1-pentene
127-18-4............................  Perchloroethylene.
594-42-3............................  Perchloromethyl mercaptan.
94-70-2.............................  o-phenetidine.
156-43-4............................  p-phenetidine.
108-95-2............................  Phenol.
98-67-9, 585-38-6, 609-46-1, 1333-39- Phenolsulfonic acids.
 7 \c\.
91-40-7.............................  Phenyl anthranilic acid.
(\b\)...............................  Phenylenediamine.
75-44-5.............................  Phosgene.
85-44-9.............................  Phthalic anhydride.
85-41-6.............................  Phthalimide.
108-99-6............................  b-picoline.
110-85-0............................  Piperazine.
9003-29-6, 25036-29-7\c\............  Polybutenes.
25322-68-3..........................  Polyethylene glycol.
25322-69-4..........................  Polypropylene glycol.
123-38-6............................  Propionaldehyde.
79-09-4.............................  Propionic acid.
71-23-8.............................  n-propyl alcohol.
107-10-8............................  Propylamine.
540-54-5............................  Propyl chloride.
115-07-1............................  Propylene.
127-00-4............................  Propylene chlorohydrin.
78-87-5.............................  Propylene dichloride.
57-55-6.............................  Propylene glycol.
75-56-9.............................  Propylene oxide.
110-86-1............................  Pyridine.
106-51-4............................  Quinone.
108-46-3............................  Resorcinol.
27138-57-4..........................  Resorcylic acid.
69-72-7.............................  Salicylic acid.
127-09-3............................  Sodium acetate.
532-32-1............................  Sodium benzoate.
9004-32-4...........................  Sodium carboxymethyl cellulose.
3926-62-3...........................  Sodium chloroacetate.
141-53-7............................  Sodium formate.
139-02-6............................  Sodium phenate.
110-44-1............................  Sorbic acid.
100-42-5............................  Styrene.
110-15-6............................  Succinic acid.
110-61-2............................  Succinonitrile.
121-57-3............................  Sulfanilic acid.
126-33-0............................  Sulfolane.
1401-55-4...........................  Tannic acid.
100-21-0............................  Terephthalic acid.
79-34-5 \c\.........................  Tetrachloroethanes.
117-08-8............................  Tetrachlorophthalic anhydride.
78-00-2.............................  Tetraethyl lead.
119-64-2............................  Tetrahydronaphthalene.
85-43-8.............................  Tetrahydrophthalic anhydride.
75-74-1.............................  Tetramethyl lead.
110-60-1............................  Tetramethylenediamine.
110-18-9............................  Tetramethylethylenediamine.
108-88-3............................  Toluene.
95-80-7.............................  Toluene-2,4-diamine.
584-84-9............................  Toluene-2,4-diisocyanate.
26471-62-5..........................  Toluene diisocyanates (mixture).
1333-07-9...........................  Toluenesulfonamide.
104-15-4 \c\........................  Toluenesulfonic acids.
98-59-9.............................  Toluenesulfonyl chloride.
26915-12-8..........................  Toluidines.
87-61-6, 108-70-3, 120-82-1 \c\.....  Trichlorobenzenes.
71-55-6.............................  1,1,1-trichloroethane.
79-00-5.............................  1,1,2-trichloroethane.
79-01-6.............................  Trichloroethylene.
75-69-4.............................  Trichlorofluoromethane.
96-18-4.............................  1,2,3-trichloropropane.
76-13-1.............................  1,1,2-trichloro-1,2,2-
                                       trifluoroethane.
121-44-8............................  Triethylamine.
112-27-6............................  Triethylene glycol.
112-49-2............................  Triethylene glycol dimethyl ether.
7756-94-7...........................  Triisobutylene.
75-50-3.............................  Trimethylamine.
57-13-6.............................  Urea.
108-05-4............................  Vinyl acetate.
75-01-4.............................  Vinyl chloride.
75-35-4.............................  Vinylidene chloride.
25013-15-4..........................  Vinyl toluene.
1330-20-7...........................  Xylenes (mixed).
95-47-6.............................  o-xylene.
106-42-3............................  p-xylene.
1300-71-6...........................  Xylenol.
1300-73-8...........................  Xylidine.
------------------------------------------------------------------------
\a\ CAS numbers refer to the Chemical Abstracts Registry numbers
  assigned to specific chemicals, isomers, or mixtures of chemicals.
  Some isomers or mixtures that are covered by the standards do not have
  CAS numbers assigned to them. The standards apply to all of the
  chemicals listed, whether CAS numbers have been assigned or not.
\b\ No CAS number(s) have been assigned to this chemical, its isomers,
  or mixtures containing these chemicals.
\c\ CAS numbers for some of the isomers are listed; the standards apply
  to all of the isomers and mixtures, even if CAS numbers have not been
  assigned.


[48 FR 48335, Oct. 18, 1983, as amended at 65 FR 61763, Oct. 17, 2000]

[[Page 617]]



 Subpart VVa_Standards of Performance for Equipment Leaks of VOC in the 
      Synthetic Organic Chemicals Manufacturing Industry for Which 
 Construction, Reconstruction, or Modification Commenced After November 
                                 7, 2006

    Source: 72 FR 64883, Nov. 16, 2007, unless otherwise noted.



Sec.  60.480a  Applicability and designation of affected facility.

    (a)(1) The provisions of this subpart apply to affected facilities 
in the synthetic organic chemicals manufacturing industry.
    (2) The group of all equipment (defined in Sec.  60.481a) within a 
process unit is an affected facility.
    (b) Any affected facility under paragraph (a) of this section that 
commences construction, reconstruction, or modification after November 
7, 2006, shall be subject to the requirements of this subpart.
    (c) Addition or replacement of equipment for the purpose of process 
improvement which is accomplished without a capital expenditure shall 
not by itself be considered a modification under this subpart.
    (d)(1) If an owner or operator applies for one or more of the 
exemptions in this paragraph, then the owner or operator shall maintain 
records as required in Sec.  60.486a(i).
    (2) Any affected facility that has the design capacity to produce 
less than 1,000 Mg/yr (1,102 ton/yr) of a chemical listed in Sec.  
60.489 is exempt from Sec. Sec.  60.482-1a through 60.482-11a.
    (3) If an affected facility produces heavy liquid chemicals only 
from heavy liquid feed or raw materials, then it is exempt from 
Sec. Sec.  60.482-1a through 60.482-11a.
    (4) Any affected facility that produces beverage alcohol is exempt 
from Sec. Sec.  60.482-1a through 60.482-11a.
    (5) Any affected facility that has no equipment in volatile organic 
compounds (VOC) service is exempt from Sec. Sec.  60.482-1a through 
60.482-11a.
    (e) Alternative means of compliance--(1) Option to comply with part 
65. (i) Owners or operators may choose to comply with the provisions of 
40 CFR part 65, subpart F, to satisfy the requirements of Sec. Sec.  
60.482-1a through 60.487a for an affected facility. When choosing to 
comply with 40 CFR part 65, subpart F, the requirements of Sec. Sec.  
60.485a(d), (e), and (f), and 60.486a(i) and (j) still apply. Other 
provisions applying to an owner or operator who chooses to comply with 
40 CFR part 65 are provided in 40 CFR 65.1.
    (ii) Part 60, subpart A. Owners or operators who choose to comply 
with 40 CFR part 65, subpart F must also comply with Sec. Sec.  60.1, 
60.2, 60.5, 60.6, 60.7(a)(1) and (4), 60.14, 60.15, and 60.16 for that 
equipment. All sections and paragraphs of subpart A of this part that 
are not mentioned in this paragraph (e)(1)(ii) do not apply to owners or 
operators of equipment subject to this subpart complying with 40 CFR 
part 65, subpart F, except that provisions required to be met prior to 
implementing 40 CFR part 65 still apply. Owners and operators who choose 
to comply with 40 CFR part 65, subpart F, must comply with 40 CFR part 
65, subpart A.
    (2) Part 63, subpart H. (i) Owners or operators may choose to comply 
with the provisions of 40 CFR part 63, subpart H, to satisfy the 
requirements of Sec. Sec.  60.482-1a through 60.487a for an affected 
facility. When choosing to comply with 40 CFR part 63, subpart H, the 
requirements of Sec.  60.485a(d), (e), and (f), and Sec.  60.486a(i) and 
(j) still apply.
    (ii) Part 60, subpart A. Owners or operators who choose to comply 
with 40 CFR part 63, subpart H must also comply with Sec. Sec.  60.1, 
60.2, 60.5, 60.6, 60.7(a)(1) and (4), 60.14, 60.15, and 60.16 for that 
equipment. All sections and paragraphs of subpart A of this part that 
are not mentioned in this paragraph (e)(2)(ii) do not apply to owners or 
operators of equipment subject to this subpart complying with 40 CFR 
part 63, subpart H, except that provisions required to be met prior to 
implementing 40 CFR part 63 still apply. Owners and operators who choose 
to comply with 40 CFR part 63, subpart H, must comply with 40 CFR part 
63, subpart A.
    (f) Stay of standards. (1) Owners or operators that start a new, 
reconstructed, or modified affected source prior to November 16, 2007 
are not required to comply with the requirements in this

[[Page 618]]

paragraph until EPA takes final action to require compliance and 
publishes a document in the Federal Register.
    (i) The definition of ``capital expenditure'' in Sec.  60.481a of 
this subpart. While the definition of ``capital expenditure'' is stayed, 
owners or operators should use the definition found in Sec.  60.481 of 
subpart VV of this part.
    (ii) [Reserved]
    (2) Owners or operators are not required to comply with the 
requirements in this paragraph until EPA takes final action to require 
compliance and publishes a document in the Federal Register.
    (i) The definition of ``process unit'' in Sec.  60.481a of this 
subpart. While the definition of ``process unit'' is stayed, owners or 
operators should use the following definition:
    Process unit means components assembled to produce, as intermediate 
or final products, one or more of the chemicals listed in Sec.  60.489 
of this part. A process unit can operate independently if supplied with 
sufficient feed or raw materials and sufficient storage facilities for 
the product.
    (ii) The method of allocation of shared storage vessels in Sec.  
60.482-1a(g) of this subpart.
    (iii) The standards for connectors in gas/vapor service and in light 
liquid service in Sec.  60.482-11a of this subpart.

[72 FR 64883, Nov. 16, 2007, as amended at 73 FR 31375, June 2, 2008]



Sec.  60.481a  Definitions.

    As used in this subpart, all terms not defined herein shall have the 
meaning given them in the Clean Air Act (CAA) or in subpart A of part 
60, and the following terms shall have the specific meanings given them.
    Capital expenditure means, in addition to the definition in 40 CFR 
60.2, an expenditure for a physical or operational change to an existing 
facility that:
    (a) Exceeds P, the product of the facility's replacement cost, R, 
and an adjusted annual asset guideline repair allowance, A, as reflected 
by the following equation: P = R x A, where:
    (1) The adjusted annual asset guideline repair allowance, A, is the 
product of the percent of the replacement cost, Y, and the applicable 
basic annual asset guideline repair allowance, B, divided by 100 as 
reflected by the following equation:

    A = Y x (B / 100);

    (2) The percent Y is determined from the following equation: Y = 1.0 
- 0.575 log X, where X is 2006 minus the year of construction; and
    (3) The applicable basic annual asset guideline repair allowance, B, 
is selected from the following table consistent with the applicable 
subpart:

              Table for Determining Applicable Value for B
------------------------------------------------------------------------
                                                           Value of B to
             Subpart applicable to facility                 be used in
                                                             equation
------------------------------------------------------------------------
VVa.....................................................            12.5
GGGa....................................................             7.0
------------------------------------------------------------------------

    Closed-loop system means an enclosed system that returns process 
fluid to the process.
    Closed-purge system means a system or combination of systems and 
portable containers to capture purged liquids. Containers for purged 
liquids must be covered or closed when not being filled or emptied.
    Closed vent system means a system that is not open to the atmosphere 
and that is composed of hard-piping, ductwork, connections, and, if 
necessary, flow-inducing devices that transport gas or vapor from a 
piece or pieces of equipment to a control device or back to a process.
    Connector means flanged, screwed, or other joined fittings used to 
connect two pipe lines or a pipe line and a piece of process equipment 
or that close an opening in a pipe that could be connected to another 
pipe. Joined fittings welded completely around the circumference of the 
interface are not considered connectors for the purpose of this 
regulation.
    Control device means an enclosed combustion device, vapor recovery 
system, or flare.
    Distance piece means an open or enclosed casing through which the 
piston rod travels, separating the compressor cylinder from the 
crankcase.
    Double block and bleed system means two block valves connected in 
series with a bleed valve or line that can vent the line between the two 
block valves.

[[Page 619]]

    Duct work means a conveyance system such as those commonly used for 
heating and ventilation systems. It is often made of sheet metal and 
often has sections connected by screws or crimping. Hard-piping is not 
ductwork.
    Equipment means each pump, compressor, pressure relief device, 
sampling connection system, open-ended valve or line, valve, and flange 
or other connector in VOC service and any devices or systems required by 
this subpart.
    First attempt at repair means to take action for the purpose of 
stopping or reducing leakage of organic material to the atmosphere using 
best practices.
    Fuel gas means gases that are combusted to derive useful work or 
heat.
    Fuel gas system means the offsite and onsite piping and flow and 
pressure control system that gathers gaseous stream(s) generated by 
onsite operations, may blend them with other sources of gas, and 
transports the gaseous stream for use as fuel gas in combustion devices 
or in-process combustion equipment, such as furnaces and gas turbines, 
either singly or in combination.
    Hard-piping means pipe or tubing that is manufactured and properly 
installed using good engineering judgment and standards such as ASME 
B31.3, Process Piping (available from the American Society of Mechanical 
Engineers, P.O. Box 2300, Fairfield, NJ 07007-2300).
    In gas/vapor service means that the piece of equipment contains 
process fluid that is in the gaseous state at operating conditions.
    In heavy liquid service means that the piece of equipment is not in 
gas/vapor service or in light liquid service.
    In light liquid service means that the piece of equipment contains a 
liquid that meets the conditions specified in Sec.  60.485a(e).
    In-situ sampling systems means nonextractive samplers or in-line 
samplers.
    In vacuum service means that equipment is operating at an internal 
pressure which is at least 5 kilopascals (kPa) (0.7 psia) below ambient 
pressure.
    In VOC service means that the piece of equipment contains or 
contacts a process fluid that is at least 10 percent VOC by weight. (The 
provisions of Sec.  60.485a(d) specify how to determine that a piece of 
equipment is not in VOC service.)
    Initial calibration value means the concentration measured during 
the initial calibration at the beginning of each day required in Sec.  
60.485a(b)(1), or the most recent calibration if the instrument is 
recalibrated during the day (i.e., the calibration is adjusted) after a 
calibration drift assessment.
    Liquids dripping means any visible leakage from the seal including 
spraying, misting, clouding, and ice formation.
    Open-ended valve or line means any valve, except safety relief 
valves, having one side of the valve seat in contact with process fluid 
and one side open to the atmosphere, either directly or through open 
piping.
    Pressure release means the emission of materials resulting from 
system pressure being greater than set pressure of the pressure relief 
device.
    Process improvement means routine changes made for safety and 
occupational health requirements, for energy savings, for better 
utility, for ease of maintenance and operation, for correction of design 
deficiencies, for bottleneck removal, for changing product requirements, 
or for environmental control.
    Process unit means the components assembled and connected by pipes 
or ducts to process raw materials and to produce, as intermediate or 
final products, one or more of the chemicals listed in Sec.  60.489. A 
process unit can operate independently if supplied with sufficient feed 
or raw materials and sufficient storage facilities for the product. For 
the purpose of this subpart, process unit includes any feed, 
intermediate and final product storage vessels (except as specified in 
Sec.  60.482-1a(g)), product transfer racks, and connected ducts and 
piping. A process unit includes all equipment as defined in this 
subpart.
    Process unit shutdown means a work practice or operational procedure 
that stops production from a process unit or part of a process unit 
during which it is technically feasible to clear process material from a 
process unit or part of a process unit consistent with safety 
constraints and during which repairs

[[Page 620]]

can be accomplished. The following are not considered process unit 
shutdowns:
    (1) An unscheduled work practice or operational procedure that stops 
production from a process unit or part of a process unit for less than 
24 hours.
    (2) An unscheduled work practice or operational procedure that would 
stop production from a process unit or part of a process unit for a 
shorter period of time than would be required to clear the process unit 
or part of the process unit of materials and start up the unit, and 
would result in greater emissions than delay of repair of leaking 
components until the next scheduled process unit shutdown.
    (3) The use of spare equipment and technically feasible bypassing of 
equipment without stopping production.
    Quarter means a 3-month period; the first quarter concludes on the 
last day of the last full month during the 180 days following initial 
startup.
    Repaired means that equipment is adjusted, or otherwise altered, in 
order to eliminate a leak as defined in the applicable sections of this 
subpart and, except for leaks identified in accordance with Sec. Sec.  
60.482-2a(b)(2)(ii) and (d)(6)(ii) and (d)(6)(iii), 60.482-3a(f), and 
60.482-10a(f)(1)(ii), is re-monitored as specified in Sec.  60.485a(b) 
to verify that emissions from the equipment are below the applicable 
leak definition.
    Replacement cost means the capital needed to purchase all the 
depreciable components in a facility.
    Sampling connection system means an assembly of equipment within a 
process unit used during periods of representative operation to take 
samples of the process fluid. Equipment used to take nonroutine grab 
samples is not considered a sampling connection system.
    Sensor means a device that measures a physical quantity or the 
change in a physical quantity such as temperature, pressure, flow rate, 
pH, or liquid level.
    Storage vessel means a tank or other vessel that is used to store 
organic liquids that are used in the process as raw material feedstocks, 
produced as intermediates or final products, or generated as wastes. 
Storage vessel does not include vessels permanently attached to motor 
vehicles, such as trucks, railcars, barges or ships.
    Synthetic organic chemicals manufacturing industry means the 
industry that produces, as intermediates or final products, one or more 
of the chemicals listed in Sec.  60.489.
    Transfer rack means the collection of loading arms and loading 
hoses, at a single loading rack, that are used to fill tank trucks and/
or railcars with organic liquids.
    Volatile organic compounds or VOC means, for the purposes of this 
subpart, any reactive organic compounds as defined in Sec.  60.2 
Definitions.

    Effective Date Note: At 73 FR 31376, June 2, 2008, in Sec.  60.481a, 
the definitions of ``capital expenditure'' and ``process unit'' were 
stayed until further notice.



Sec.  60.482-1a  Standards: General.

    (a) Each owner or operator subject to the provisions of this subpart 
shall demonstrate compliance with the requirements of Sec. Sec.  60.482-
1a through 60.482-10a or Sec.  60.480a(e) for all equipment within 180 
days of initial startup.
    (b) Compliance with Sec. Sec.  60.482-1a to 60.482-10a will be 
determined by review of records and reports, review of performance test 
results, and inspection using the methods and procedures specified in 
Sec.  60.485a.
    (c)(1) An owner or operator may request a determination of 
equivalence of a means of emission limitation to the requirements of 
Sec. Sec.  60.482-2a, 60.482-3a, 60.482-5a, 60.482-6a, 60.482-7a, 
60.482-8a, and 60.482-10a as provided in Sec.  60.484a.
    (2) If the Administrator makes a determination that a means of 
emission limitation is at least equivalent to the requirements of Sec.  
60.482-2a, Sec.  60.482-3a, Sec.  60.482-5a, Sec.  60.482-6a, Sec.  
60.482-7a, Sec.  60.482-8a, or Sec.  60.482-10a, an owner or operator 
shall comply with the requirements of that determination.
    (d) Equipment that is in vacuum service is excluded from the 
requirements of Sec. Sec.  60.482-2a through 60.482-10a if it is 
identified as required in Sec.  60.486a(e)(5).
    (e) Equipment that an owner or operator designates as being in VOC 
service less than 300 hr/yr is excluded from the requirements of 
Sec. Sec.  60.482-2a through 60.482-11a if it is identified as required 
in Sec.  60.486a(e)(6) and it meets any of the conditions specified in 
paragraphs (e)(1) through (3) of this section.

[[Page 621]]

    (1) The equipment is in VOC service only during startup and 
shutdown, excluding startup and shutdown between batches of the same 
campaign for a batch process.
    (2) The equipment is in VOC service only during process malfunctions 
or other emergencies.
    (3) The equipment is backup equipment that is in VOC service only 
when the primary equipment is out of service.
    (f)(1) If a dedicated batch process unit operates less than 365 days 
during a year, an owner or operator may monitor to detect leaks from 
pumps, valves, and open-ended valves or lines at the frequency specified 
in the following table instead of monitoring as specified in Sec. Sec.  
60.482-2a, 60.482-7a, and 60.483.2a:

----------------------------------------------------------------------------------------------------------------
                                                      Equivalent monitoring frequency time in use
   Operating time (percent of hours   --------------------------------------------------------------------------
             during year)                      Monthly                 Quarterly               Semiannually
----------------------------------------------------------------------------------------------------------------
0 to <25.............................  Quarterly..............  Annually...............  Annually.
25 to <50............................  Quarterly..............  Semiannually...........  Annually.
50 to <75............................  Bimonthly..............  Three quarters.........  Semiannually.
75 to 100............................  Monthly................  Quarterly..............  Semiannually.
----------------------------------------------------------------------------------------------------------------

    (2) Pumps and valves that are shared among two or more batch process 
units that are subject to this subpart may be monitored at the 
frequencies specified in paragraph (f)(1) of this section, provided the 
operating time of all such process units is considered.
    (3) The monitoring frequencies specified in paragraph (f)(1) of this 
section are not requirements for monitoring at specific intervals and 
can be adjusted to accommodate process operations. An owner or operator 
may monitor at any time during the specified monitoring period (e.g., 
month, quarter, year), provided the monitoring is conducted at a 
reasonable interval after completion of the last monitoring campaign. 
Reasonable intervals are defined in paragraphs (f)(3)(i) through (iv) of 
this section.
    (i) When monitoring is conducted quarterly, monitoring events must 
be separated by at least 30 calendar days.
    (ii) When monitoring is conducted semiannually (i.e., once every 2 
quarters), monitoring events must be separated by at least 60 calendar 
days.
    (iii) When monitoring is conducted in 3 quarters per year, 
monitoring events must be separated by at least 90 calendar days.
    (iv) When monitoring is conducted annually, monitoring events must 
be separated by at least 120 calendar days.
    (g) If the storage vessel is shared with multiple process units, the 
process unit with the greatest annual amount of stored materials 
(predominant use) is the process unit the storage vessel is assigned to. 
If the storage vessel is shared equally among process units, and one of 
the process units has equipment subject to this subpart, the storage 
vessel is assigned to that process unit. If the storage vessel is shared 
equally among process units, none of which have equipment subject to 
this subpart of this part, the storage vessel is assigned to any process 
unit subject to subpart VV of this part. If the predominant use of the 
storage vessel varies from year to year, then the owner or operator must 
estimate the predominant use initially and reassess every 3 years. The 
owner or operator must keep records of the information and supporting 
calculations that show how predominant use is determined. All equipment 
on the storage vessel must be monitored when in VOC service.

    Effective Date Note: At 73 FR 31376, June 2, 2008, in Sec.  60.482-
1a, paragraph (g) was stayed until further notice.



Sec.  60.482-2a  Standards: Pumps in light liquid service.

    (a)(1) Each pump in light liquid service shall be monitored monthly 
to detect leaks by the methods specified in Sec.  60.485a(b), except as 
provided in Sec.  60.482-1a(c) and (f) and paragraphs (d), (e), and (f) 
of this section. A pump that begins operation in light liquid service 
after the initial startup date for the process unit must be monitored 
for the first time within 30 days after the end of its startup period, 
except for a pump

[[Page 622]]

that replaces a leaking pump and except as provided in Sec.  60.482-
1a(c) and paragraphs (d), (e), and (f) of this section.
    (2) Each pump in light liquid service shall be checked by visual 
inspection each calendar week for indications of liquids dripping from 
the pump seal, except as provided in Sec.  60.482-1a(f).
    (b)(1) The instrument reading that defines a leak is specified in 
paragraphs (b)(1)(i) and (ii) of this section.
    (i) 5,000 parts per million (ppm) or greater for pumps handling 
polymerizing monomers;
    (ii) 2,000 ppm or greater for all other pumps.
    (2) If there are indications of liquids dripping from the pump seal, 
the owner or operator shall follow the procedure specified in either 
paragraph (b)(2)(i) or (ii) of this section. This requirement does not 
apply to a pump that was monitored after a previous weekly inspection 
and the instrument reading was less than the concentration specified in 
paragraph (b)(1)(i) or (ii) of this section, whichever is applicable.
    (i) Monitor the pump within 5 days as specified in Sec.  60.485a(b). 
A leak is detected if the instrument reading measured during monitoring 
indicates a leak as specified in paragraph (b)(1)(i) or (ii) of this 
section, whichever is applicable. The leak shall be repaired using the 
procedures in paragraph (c) of this section.
    (ii) Designate the visual indications of liquids dripping as a leak, 
and repair the leak using either the procedures in paragraph (c) of this 
section or by eliminating the visual indications of liquids dripping.
    (c)(1) When a leak is detected, it shall be repaired as soon as 
practicable, but not later than 15 calendar days after it is detected, 
except as provided in Sec.  60.482-9a.
    (2) A first attempt at repair shall be made no later than 5 calendar 
days after each leak is detected. First attempts at repair include, but 
are not limited to, the practices described in paragraphs (c)(2)(i) and 
(ii) of this section, where practicable.
    (i) Tightening the packing gland nuts;
    (ii) Ensuring that the seal flush is operating at design pressure 
and temperature.
    (d) Each pump equipped with a dual mechanical seal system that 
includes a barrier fluid system is exempt from the requirements of 
paragraph (a) of this section, provided the requirements specified in 
paragraphs (d)(1) through (6) of this section are met.
    (1) Each dual mechanical seal system is:
    (i) Operated with the barrier fluid at a pressure that is at all 
times greater than the pump stuffing box pressure; or
    (ii) Equipped with a barrier fluid degassing reservoir that is 
routed to a process or fuel gas system or connected by a closed vent 
system to a control device that complies with the requirements of Sec.  
60.482-10a; or
    (iii) Equipped with a system that purges the barrier fluid into a 
process stream with zero VOC emissions to the atmosphere.
    (2) The barrier fluid system is in heavy liquid service or is not in 
VOC service.
    (3) Each barrier fluid system is equipped with a sensor that will 
detect failure of the seal system, the barrier fluid system, or both.
    (4)(i) Each pump is checked by visual inspection, each calendar 
week, for indications of liquids dripping from the pump seals.
    (ii) If there are indications of liquids dripping from the pump seal 
at the time of the weekly inspection, the owner or operator shall follow 
the procedure specified in either paragraph (d)(4)(ii)(A) or (B) of this 
section prior to the next required inspection.
    (A) Monitor the pump within 5 days as specified in Sec.  60.485a(b) 
to determine if there is a leak of VOC in the barrier fluid. If an 
instrument reading of 2,000 ppm or greater is measured, a leak is 
detected.
    (B) Designate the visual indications of liquids dripping as a leak.
    (5)(i) Each sensor as described in paragraph (d)(3) is checked daily 
or is equipped with an audible alarm.
    (ii) The owner or operator determines, based on design 
considerations and operating experience, a criterion that indicates 
failure of the seal system, the barrier fluid system, or both.

[[Page 623]]

    (iii) If the sensor indicates failure of the seal system, the 
barrier fluid system, or both, based on the criterion established in 
paragraph (d)(5)(ii) of this section, a leak is detected.
    (6)(i) When a leak is detected pursuant to paragraph (d)(4)(ii)(A) 
of this section, it shall be repaired as specified in paragraph (c) of 
this section.
    (ii) A leak detected pursuant to paragraph (d)(5)(iii) of this 
section shall be repaired within 15 days of detection by eliminating the 
conditions that activated the sensor.
    (iii) A designated leak pursuant to paragraph (d)(4)(ii)(B) of this 
section shall be repaired within 15 days of detection by eliminating 
visual indications of liquids dripping.
    (e) Any pump that is designated, as described in Sec.  60.486a(e)(1) 
and (2), for no detectable emissions, as indicated by an instrument 
reading of less than 500 ppm above background, is exempt from the 
requirements of paragraphs (a), (c), and (d) of this section if the 
pump:
    (1) Has no externally actuated shaft penetrating the pump housing;
    (2) Is demonstrated to be operating with no detectable emissions as 
indicated by an instrument reading of less than 500 ppm above background 
as measured by the methods specified in Sec.  60.485a(c); and
    (3) Is tested for compliance with paragraph (e)(2) of this section 
initially upon designation, annually, and at other times requested by 
the Administrator.
    (f) If any pump is equipped with a closed vent system capable of 
capturing and transporting any leakage from the seal or seals to a 
process or to a fuel gas system or to a control device that complies 
with the requirements of Sec.  60.482-10a, it is exempt from paragraphs 
(a) through (e) of this section.
    (g) Any pump that is designated, as described in Sec.  
60.486a(f)(1), as an unsafe-to-monitor pump is exempt from the 
monitoring and inspection requirements of paragraphs (a) and (d)(4) 
through (6) of this section if:
    (1) The owner or operator of the pump demonstrates that the pump is 
unsafe-to-monitor because monitoring personnel would be exposed to an 
immediate danger as a consequence of complying with paragraph (a) of 
this section; and
    (2) The owner or operator of the pump has a written plan that 
requires monitoring of the pump as frequently as practicable during 
safe-to-monitor times, but not more frequently than the periodic 
monitoring schedule otherwise applicable, and repair of the equipment 
according to the procedures in paragraph (c) of this section if a leak 
is detected.
    (h) Any pump that is located within the boundary of an unmanned 
plant site is exempt from the weekly visual inspection requirement of 
paragraphs (a)(2) and (d)(4) of this section, and the daily requirements 
of paragraph (d)(5) of this section, provided that each pump is visually 
inspected as often as practicable and at least monthly.



Sec.  60.482-3a  Standards: Compressors.

    (a) Each compressor shall be equipped with a seal system that 
includes a barrier fluid system and that prevents leakage of VOC to the 
atmosphere, except as provided in Sec.  60.482-1a(c) and paragraphs (h), 
(i), and (j) of this section.
    (b) Each compressor seal system as required in paragraph (a) of this 
section shall be:
    (1) Operated with the barrier fluid at a pressure that is greater 
than the compressor stuffing box pressure; or
    (2) Equipped with a barrier fluid system degassing reservoir that is 
routed to a process or fuel gas system or connected by a closed vent 
system to a control device that complies with the requirements of Sec.  
60.482-10a; or
    (3) Equipped with a system that purges the barrier fluid into a 
process stream with zero VOC emissions to the atmosphere.
    (c) The barrier fluid system shall be in heavy liquid service or 
shall not be in VOC service.
    (d) Each barrier fluid system as described in paragraph (a) shall be 
equipped with a sensor that will detect failure of the seal system, 
barrier fluid system, or both.
    (e)(1) Each sensor as required in paragraph (d) of this section 
shall be checked daily or shall be equipped with an audible alarm.

[[Page 624]]

    (2) The owner or operator shall determine, based on design 
considerations and operating experience, a criterion that indicates 
failure of the seal system, the barrier fluid system, or both.
    (f) If the sensor indicates failure of the seal system, the barrier 
system, or both based on the criterion determined under paragraph (e)(2) 
of this section, a leak is detected.
    (g)(1) When a leak is detected, it shall be repaired as soon as 
practicable, but not later than 15 calendar days after it is detected, 
except as provided in Sec.  60.482-9a.
    (2) A first attempt at repair shall be made no later than 5 calendar 
days after each leak is detected.
    (h) A compressor is exempt from the requirements of paragraphs (a) 
and (b) of this section, if it is equipped with a closed vent system to 
capture and transport leakage from the compressor drive shaft back to a 
process or fuel gas system or to a control device that complies with the 
requirements of Sec.  60.482-10a, except as provided in paragraph (i) of 
this section.
    (i) Any compressor that is designated, as described in Sec.  
60.486a(e)(1) and (2), for no detectable emissions, as indicated by an 
instrument reading of less than 500 ppm above background, is exempt from 
the requirements of paragraphs (a) through (h) of this section if the 
compressor:
    (1) Is demonstrated to be operating with no detectable emissions, as 
indicated by an instrument reading of less than 500 ppm above 
background, as measured by the methods specified in Sec.  60.485a(c); 
and
    (2) Is tested for compliance with paragraph (i)(1) of this section 
initially upon designation, annually, and at other times requested by 
the Administrator.
    (j) Any existing reciprocating compressor in a process unit which 
becomes an affected facility under provisions of Sec.  60.14 or Sec.  
60.15 is exempt from paragraphs (a) through (e) and (h) of this section, 
provided the owner or operator demonstrates that recasting the distance 
piece or replacing the compressor are the only options available to 
bring the compressor into compliance with the provisions of paragraphs 
(a) through (e) and (h) of this section.



Sec.  60.482-4a  Standards: Pressure relief devices in gas/vapor service.

    (a) Except during pressure releases, each pressure relief device in 
gas/vapor service shall be operated with no detectable emissions, as 
indicated by an instrument reading of less than 500 ppm above 
background, as determined by the methods specified in Sec.  60.485a(c).
    (b)(1) After each pressure release, the pressure relief device shall 
be returned to a condition of no detectable emissions, as indicated by 
an instrument reading of less than 500 ppm above background, as soon as 
practicable, but no later than 5 calendar days after the pressure 
release, except as provided in Sec.  60.482-9a.
    (2) No later than 5 calendar days after the pressure release, the 
pressure relief device shall be monitored to confirm the conditions of 
no detectable emissions, as indicated by an instrument reading of less 
than 500 ppm above background, by the methods specified in Sec.  
60.485a(c).
    (c) Any pressure relief device that is routed to a process or fuel 
gas system or equipped with a closed vent system capable of capturing 
and transporting leakage through the pressure relief device to a control 
device as described in Sec.  60.482-10a is exempted from the 
requirements of paragraphs (a) and (b) of this section.
    (d)(1) Any pressure relief device that is equipped with a rupture 
disk upstream of the pressure relief device is exempt from the 
requirements of paragraphs (a) and (b) of this section, provided the 
owner or operator complies with the requirements in paragraph (d)(2) of 
this section.
    (2) After each pressure release, a new rupture disk shall be 
installed upstream of the pressure relief device as soon as practicable, 
but no later than 5 calendar days after each pressure release, except as 
provided in Sec.  60.482-9a.



Sec.  60.482-5a  Standards: Sampling connection systems.

    (a) Each sampling connection system shall be equipped with a closed-
purge, closed-loop, or closed-vent system, except as provided in Sec.  
60.482-1a(c) and paragraph (c) of this section.

[[Page 625]]

    (b) Each closed-purge, closed-loop, or closed-vent system as 
required in paragraph (a) of this section shall comply with the 
requirements specified in paragraphs (b)(1) through (4) of this section.
    (1) Gases displaced during filling of the sample container are not 
required to be collected or captured.
    (2) Containers that are part of a closed-purge system must be 
covered or closed when not being filled or emptied.
    (3) Gases remaining in the tubing or piping between the closed-purge 
system valve(s) and sample container valve(s) after the valves are 
closed and the sample container is disconnected are not required to be 
collected or captured.
    (4) Each closed-purge, closed-loop, or closed-vent system shall be 
designed and operated to meet requirements in either paragraph 
(b)(4)(i), (ii), (iii), or (iv) of this section.
    (i) Return the purged process fluid directly to the process line.
    (ii) Collect and recycle the purged process fluid to a process.
    (iii) Capture and transport all the purged process fluid to a 
control device that complies with the requirements of Sec.  60.482-10a.
    (iv) Collect, store, and transport the purged process fluid to any 
of the following systems or facilities:
    (A) A waste management unit as defined in 40 CFR 63.111, if the 
waste management unit is subject to and operated in compliance with the 
provisions of 40 CFR part 63, subpart G, applicable to Group 1 
wastewater streams;
    (B) A treatment, storage, or disposal facility subject to regulation 
under 40 CFR part 262, 264, 265, or 266;
    (C) A facility permitted, licensed, or registered by a state to 
manage municipal or industrial solid waste, if the process fluids are 
not hazardous waste as defined in 40 CFR part 261;
    (D) A waste management unit subject to and operated in compliance 
with the treatment requirements of 40 CFR 61.348(a), provided all waste 
management units that collect, store, or transport the purged process 
fluid to the treatment unit are subject to and operated in compliance 
with the management requirements of 40 CFR 61.343 through 40 CFR 61.347; 
or
    (E) A device used to burn off-specification used oil for energy 
recovery in accordance with 40 CFR part 279, subpart G, provided the 
purged process fluid is not hazardous waste as defined in 40 CFR part 
261.
    (c) In-situ sampling systems and sampling systems without purges are 
exempt from the requirements of paragraphs (a) and (b) of this section.



Sec.  60.482-6a  Standards: Open-ended valves or lines.

    (a)(1) Each open-ended valve or line shall be equipped with a cap, 
blind flange, plug, or a second valve, except as provided in Sec.  
60.482-1a(c) and paragraphs (d) and (e) of this section.
    (2) The cap, blind flange, plug, or second valve shall seal the open 
end at all times except during operations requiring process fluid flow 
through the open-ended valve or line.
    (b) Each open-ended valve or line equipped with a second valve shall 
be operated in a manner such that the valve on the process fluid end is 
closed before the second valve is closed.
    (c) When a double block-and-bleed system is being used, the bleed 
valve or line may remain open during operations that require venting the 
line between the block valves but shall comply with paragraph (a) of 
this section at all other times.
    (d) Open-ended valves or lines in an emergency shutdown system which 
are designed to open automatically in the event of a process upset are 
exempt from the requirements of paragraphs (a), (b), and (c) of this 
section.
    (e) Open-ended valves or lines containing materials which would 
autocatalytically polymerize or would present an explosion, serious 
overpressure, or other safety hazard if capped or equipped with a double 
block and bleed system as specified in paragraphs (a) through (c) of 
this section are exempt from the requirements of paragraphs (a) through 
(c) of this section.

[[Page 626]]



Sec.  60.482-7a  Standards: Valves in gas/vapor service and in light 
liquid service.

    (a)(1) Each valve shall be monitored monthly to detect leaks by the 
methods specified in Sec.  60.485a(b) and shall comply with paragraphs 
(b) through (e) of this section, except as provided in paragraphs (f), 
(g), and (h) of this section, Sec.  60.482-1a(c) and (f), and Sec. Sec.  
60.483-1a and 60.483-2a.
    (2) A valve that begins operation in gas/vapor service or light 
liquid service after the initial startup date for the process unit must 
be monitored according to paragraphs (a)(2)(i) or (ii), except for a 
valve that replaces a leaking valve and except as provided in paragraphs 
(f), (g), and (h) of this section, Sec.  60.482-1a(c), and Sec. Sec.  
60.483-1a and 60.483-2a.
    (i) Monitor the valve as in paragraph (a)(1) of this section. The 
valve must be monitored for the first time within 30 days after the end 
of its startup period to ensure proper installation.
    (ii) If the existing valves in the process unit are monitored in 
accordance with Sec.  60.483-1a or Sec.  60.483-2a, count the new valve 
as leaking when calculating the percentage of valves leaking as 
described in Sec.  60.483-2a(b)(5). If less than 2.0 percent of the 
valves are leaking for that process unit, the valve must be monitored 
for the first time during the next scheduled monitoring event for 
existing valves in the process unit or within 90 days, whichever comes 
first.
    (b) If an instrument reading of 500 ppm or greater is measured, a 
leak is detected.
    (c)(1)(i) Any valve for which a leak is not detected for 2 
successive months may be monitored the first month of every quarter, 
beginning with the next quarter, until a leak is detected.
    (ii) As an alternative to monitoring all of the valves in the first 
month of a quarter, an owner or operator may elect to subdivide the 
process unit into two or three subgroups of valves and monitor each 
subgroup in a different month during the quarter, provided each subgroup 
is monitored every 3 months. The owner or operator must keep records of 
the valves assigned to each subgroup.
    (2) If a leak is detected, the valve shall be monitored monthly 
until a leak is not detected for 2 successive months.
    (d)(1) When a leak is detected, it shall be repaired as soon as 
practicable, but no later than 15 calendar days after the leak is 
detected, except as provided in Sec.  60.482-9a.
    (2) A first attempt at repair shall be made no later than 5 calendar 
days after each leak is detected.
    (e) First attempts at repair include, but are not limited to, the 
following best practices where practicable:
    (1) Tightening of bonnet bolts;
    (2) Replacement of bonnet bolts;
    (3) Tightening of packing gland nuts;
    (4) Injection of lubricant into lubricated packing.
    (f) Any valve that is designated, as described in Sec.  
60.486a(e)(2), for no detectable emissions, as indicated by an 
instrument reading of less than 500 ppm above background, is exempt from 
the requirements of paragraph (a) of this section if the valve:
    (1) Has no external actuating mechanism in contact with the process 
fluid,
    (2) Is operated with emissions less than 500 ppm above background as 
determined by the method specified in Sec.  60.485a(c), and
    (3) Is tested for compliance with paragraph (f)(2) of this section 
initially upon designation, annually, and at other times requested by 
the Administrator.
    (g) Any valve that is designated, as described in Sec.  
60.486a(f)(1), as an unsafe-to-monitor valve is exempt from the 
requirements of paragraph (a) of this section if:
    (1) The owner or operator of the valve demonstrates that the valve 
is unsafe to monitor because monitoring personnel would be exposed to an 
immediate danger as a consequence of complying with paragraph (a) of 
this section, and
    (2) The owner or operator of the valve adheres to a written plan 
that requires monitoring of the valve as frequently as practicable 
during safe-to-monitor times.
    (h) Any valve that is designated, as described in Sec.  
60.486a(f)(2), as a difficult-to-monitor valve is exempt from the 
requirements of paragraph (a) of this section if:

[[Page 627]]

    (1) The owner or operator of the valve demonstrates that the valve 
cannot be monitored without elevating the monitoring personnel more than 
2 meters above a support surface.
    (2) The process unit within which the valve is located either:
    (i) Becomes an affected facility through Sec.  60.14 or Sec.  60.15 
and was constructed on or before January 5, 1981; or
    (ii) Has less than 3.0 percent of its total number of valves 
designated as difficult-to-monitor by the owner or operator.
    (3) The owner or operator of the valve follows a written plan that 
requires monitoring of the valve at least once per calendar year.



Sec.  60.482-8a  Standards: Pumps, valves, and connectors in heavy 
liquid service and pressure relief devices in light liquid or heavy
liquid service.

    (a) If evidence of a potential leak is found by visual, audible, 
olfactory, or any other detection method at pumps, valves, and 
connectors in heavy liquid service and pressure relief devices in light 
liquid or heavy liquid service, the owner or operator shall follow 
either one of the following procedures:
    (1) The owner or operator shall monitor the equipment within 5 days 
by the method specified in Sec.  60.485a(b) and shall comply with the 
requirements of paragraphs (b) through (d) of this section.
    (2) The owner or operator shall eliminate the visual, audible, 
olfactory, or other indication of a potential leak within 5 calendar 
days of detection.
    (b) If an instrument reading of 10,000 ppm or greater is measured, a 
leak is detected.
    (c)(1) When a leak is detected, it shall be repaired as soon as 
practicable, but not later than 15 calendar days after it is detected, 
except as provided in Sec.  60.482-9a.
    (2) The first attempt at repair shall be made no later than 5 
calendar days after each leak is detected.
    (d) First attempts at repair include, but are not limited to, the 
best practices described under Sec. Sec.  60.482-2a(c)(2) and 60.482-
7a(e).



Sec.  60.482-9a  Standards: Delay of repair.

    (a) Delay of repair of equipment for which leaks have been detected 
will be allowed if repair within 15 days is technically infeasible 
without a process unit shutdown. Repair of this equipment shall occur 
before the end of the next process unit shutdown. Monitoring to verify 
repair must occur within 15 days after startup of the process unit.
    (b) Delay of repair of equipment will be allowed for equipment which 
is isolated from the process and which does not remain in VOC service.
    (c) Delay of repair for valves and connectors will be allowed if:
    (1) The owner or operator demonstrates that emissions of purged 
material resulting from immediate repair are greater than the fugitive 
emissions likely to result from delay of repair, and
    (2) When repair procedures are effected, the purged material is 
collected and destroyed or recovered in a control device complying with 
Sec.  60.482-10a.
    (d) Delay of repair for pumps will be allowed if:
    (1) Repair requires the use of a dual mechanical seal system that 
includes a barrier fluid system, and
    (2) Repair is completed as soon as practicable, but not later than 6 
months after the leak was detected.
    (e) Delay of repair beyond a process unit shutdown will be allowed 
for a valve, if valve assembly replacement is necessary during the 
process unit shutdown, valve assembly supplies have been depleted, and 
valve assembly supplies had been sufficiently stocked before the 
supplies were depleted. Delay of repair beyond the next process unit 
shutdown will not be allowed unless the next process unit shutdown 
occurs sooner than 6 months after the first process unit shutdown.
    (f) When delay of repair is allowed for a leaking pump, valve, or 
connector that remains in service, the pump, valve, or connector may be 
considered to be repaired and no longer subject to delay of repair 
requirements if two consecutive monthly monitoring instrument readings 
are below the leak definition.

[[Page 628]]



Sec.  60.482-10a  Standards: Closed vent systems and control devices.

    (a) Owners or operators of closed vent systems and control devices 
used to comply with provisions of this subpart shall comply with the 
provisions of this section.
    (b) Vapor recovery systems (for example, condensers and absorbers) 
shall be designed and operated to recover the VOC emissions vented to 
them with an efficiency of 95 percent or greater, or to an exit 
concentration of 20 parts per million by volume (ppmv), whichever is 
less stringent.
    (c) Enclosed combustion devices shall be designed and operated to 
reduce the VOC emissions vented to them with an efficiency of 95 percent 
or greater, or to an exit concentration of 20 ppmv, on a dry basis, 
corrected to 3 percent oxygen, whichever is less stringent or to provide 
a minimum residence time of 0.75 seconds at a minimum temperature of 816 
[deg]C.
    (d) Flares used to comply with this subpart shall comply with the 
requirements of Sec.  60.18.
    (e) Owners or operators of control devices used to comply with the 
provisions of this subpart shall monitor these control devices to ensure 
that they are operated and maintained in conformance with their designs.
    (f) Except as provided in paragraphs (i) through (k) of this 
section, each closed vent system shall be inspected according to the 
procedures and schedule specified in paragraphs (f)(1) and (2) of this 
section.
    (1) If the vapor collection system or closed vent system is 
constructed of hard-piping, the owner or operator shall comply with the 
requirements specified in paragraphs (f)(1)(i) and (ii) of this section:
    (i) Conduct an initial inspection according to the procedures in 
Sec.  60.485a(b); and
    (ii) Conduct annual visual inspections for visible, audible, or 
olfactory indications of leaks.
    (2) If the vapor collection system or closed vent system is 
constructed of ductwork, the owner or operator shall:
    (i) Conduct an initial inspection according to the procedures in 
Sec.  60.485a(b); and
    (ii) Conduct annual inspections according to the procedures in Sec.  
60.485a(b).
    (g) Leaks, as indicated by an instrument reading greater than 500 
ppmv above background or by visual inspections, shall be repaired as 
soon as practicable except as provided in paragraph (h) of this section.
    (1) A first attempt at repair shall be made no later than 5 calendar 
days after the leak is detected.
    (2) Repair shall be completed no later than 15 calendar days after 
the leak is detected.
    (h) Delay of repair of a closed vent system for which leaks have 
been detected is allowed if the repair is technically infeasible without 
a process unit shutdown or if the owner or operator determines that 
emissions resulting from immediate repair would be greater than the 
fugitive emissions likely to result from delay of repair. Repair of such 
equipment shall be complete by the end of the next process unit 
shutdown.
    (i) If a vapor collection system or closed vent system is operated 
under a vacuum, it is exempt from the inspection requirements of 
paragraphs (f)(1)(i) and (f)(2) of this section.
    (j) Any parts of the closed vent system that are designated, as 
described in paragraph (l)(1) of this section, as unsafe to inspect are 
exempt from the inspection requirements of paragraphs (f)(1)(i) and 
(f)(2) of this section if they comply with the requirements specified in 
paragraphs (j)(1) and (2) of this section:
    (1) The owner or operator determines that the equipment is unsafe to 
inspect because inspecting personnel would be exposed to an imminent or 
potential danger as a consequence of complying with paragraphs (f)(1)(i) 
or (f)(2) of this section; and
    (2) The owner or operator has a written plan that requires 
inspection of the equipment as frequently as practicable during safe-to-
inspect times.
    (k) Any parts of the closed vent system that are designated, as 
described in paragraph (l)(2) of this section, as difficult to inspect 
are exempt from the inspection requirements of paragraphs (f)(1)(i) and 
(f)(2) of this section if they comply with the requirements

[[Page 629]]

specified in paragraphs (k)(1) through (3) of this section:
    (1) The owner or operator determines that the equipment cannot be 
inspected without elevating the inspecting personnel more than 2 meters 
above a support surface; and
    (2) The process unit within which the closed vent system is located 
becomes an affected facility through Sec. Sec.  60.14 or 60.15, or the 
owner or operator designates less than 3.0 percent of the total number 
of closed vent system equipment as difficult to inspect; and
    (3) The owner or operator has a written plan that requires 
inspection of the equipment at least once every 5 years. A closed vent 
system is exempt from inspection if it is operated under a vacuum.
    (l) The owner or operator shall record the information specified in 
paragraphs (l)(1) through (5) of this section.
    (1) Identification of all parts of the closed vent system that are 
designated as unsafe to inspect, an explanation of why the equipment is 
unsafe to inspect, and the plan for inspecting the equipment.
    (2) Identification of all parts of the closed vent system that are 
designated as difficult to inspect, an explanation of why the equipment 
is difficult to inspect, and the plan for inspecting the equipment.
    (3) For each inspection during which a leak is detected, a record of 
the information specified in Sec.  60.486a(c).
    (4) For each inspection conducted in accordance with Sec.  
60.485a(b) during which no leaks are detected, a record that the 
inspection was performed, the date of the inspection, and a statement 
that no leaks were detected.
    (5) For each visual inspection conducted in accordance with 
paragraph (f)(1)(ii) of this section during which no leaks are detected, 
a record that the inspection was performed, the date of the inspection, 
and a statement that no leaks were detected.
    (m) Closed vent systems and control devices used to comply with 
provisions of this subpart shall be operated at all times when emissions 
may be vented to them.



Sec.  60.482-11a  Standards: Connectors in gas/vapor service and in
light liquid service.

    (a) The owner or operator shall initially monitor all connectors in 
the process unit for leaks by the later of either 12 months after the 
compliance date or 12 months after initial startup. If all connectors in 
the process unit have been monitored for leaks prior to the compliance 
date, no initial monitoring is required provided either no process 
changes have been made since the monitoring or the owner or operator can 
determine that the results of the monitoring, with or without 
adjustments, reliably demonstrate compliance despite process changes. If 
required to monitor because of a process change, the owner or operator 
is required to monitor only those connectors involved in the process 
change.
    (b) Except as allowed in Sec.  60.482-1a(c), Sec.  60.482-10a, or as 
specified in paragraph (e) of this section, the owner or operator shall 
monitor all connectors in gas and vapor and light liquid service as 
specified in paragraphs (a) and (b)(3) of this section.
    (1) The connectors shall be monitored to detect leaks by the method 
specified in Sec.  60.485a(b) and, as applicable, Sec.  60.485a(c).
    (2) If an instrument reading greater than or equal to 500 ppm is 
measured, a leak is detected.
    (3) The owner or operator shall perform monitoring, subsequent to 
the initial monitoring required in paragraph (a) of this section, as 
specified in paragraphs (b)(3)(i) through (iii) of this section, and 
shall comply with the requirements of paragraphs (b)(3)(iv) and (v) of 
this section. The required period in which monitoring must be conducted 
shall be determined from paragraphs (b)(3)(i) through (iii) of this 
section using the monitoring results from the preceding monitoring 
period. The percent leaking connectors shall be calculated as specified 
in paragraph (c) of this section.
    (i) If the percent leaking connectors in the process unit was 
greater than or equal to 0.5 percent, then monitor within 12 months (1 
year).
    (ii) If the percent leaking connectors in the process unit was 
greater than or equal to 0.25 percent but less than 0.5

[[Page 630]]

percent, then monitor within 4 years. An owner or operator may comply 
with the requirements of this paragraph by monitoring at least 40 
percent of the connectors within 2 years of the start of the monitoring 
period, provided all connectors have been monitored by the end of the 4-
year monitoring period.
    (iii) If the percent leaking connectors in the process unit was less 
than 0.25 percent, then monitor as provided in paragraph (b)(3)(iii)(A) 
of this section and either paragraph (b)(3)(iii)(B) or (b)(3)(iii)(C) of 
this section, as appropriate.
    (A) An owner or operator shall monitor at least 50 percent of the 
connectors within 4 years of the start of the monitoring period.
    (B) If the percent of leaking connectors calculated from the 
monitoring results in paragraph (b)(3)(iii)(A) of this section is 
greater than or equal to 0.35 percent of the monitored connectors, the 
owner or operator shall monitor as soon as practical, but within the 
next 6 months, all connectors that have not yet been monitored during 
the monitoring period. At the conclusion of monitoring, a new monitoring 
period shall be started pursuant to paragraph (b)(3) of this section, 
based on the percent of leaking connectors within the total monitored 
connectors.
    (C) If the percent of leaking connectors calculated from the 
monitoring results in paragraph (b)(3)(iii)(A) of this section is less 
than 0.35 percent of the monitored connectors, the owner or operator 
shall monitor all connectors that have not yet been monitored within 8 
years of the start of the monitoring period.
    (iv) If, during the monitoring conducted pursuant to paragraphs 
(b)(3)(i) through (iii) of this section, a connector is found to be 
leaking, it shall be re-monitored once within 90 days after repair to 
confirm that it is not leaking.
    (v) The owner or operator shall keep a record of the start date and 
end date of each monitoring period under this section for each process 
unit.
    (c) For use in determining the monitoring frequency, as specified in 
paragraphs (a) and (b)(3) of this section, the percent leaking 
connectors as used in paragraphs (a) and (b)(3) of this section shall be 
calculated by using the following equation:

%CL = CL / Ct * 100

Where:

%CL = Percent of leaking connectors as determined through 
          periodic monitoring required in paragraphs (a) and (b)(3)(i) 
          through (iii) of this section.
CL = Number of connectors measured at 500 ppm or greater, by 
          the method specified in Sec.  60.485a(b).
Ct = Total number of monitored connectors in the process unit 
          or affected facility.

    (d) When a leak is detected pursuant to paragraphs (a) and (b) of 
this section, it shall be repaired as soon as practicable, but not later 
than 15 calendar days after it is detected, except as provided in Sec.  
60.482-9a. A first attempt at repair as defined in this subpart shall be 
made no later than 5 calendar days after the leak is detected.
    (e) Any connector that is designated, as described in Sec.  
60.486a(f)(1), as an unsafe-to-monitor connector is exempt from the 
requirements of paragraphs (a) and (b) of this section if:
    (1) The owner or operator of the connector demonstrates that the 
connector is unsafe-to-monitor because monitoring personnel would be 
exposed to an immediate danger as a consequence of complying with 
paragraphs (a) and (b) of this section; and
    (2) The owner or operator of the connector has a written plan that 
requires monitoring of the connector as frequently as practicable during 
safe-to-monitor times but not more frequently than the periodic 
monitoring schedule otherwise applicable, and repair of the equipment 
according to the procedures in paragraph (d) of this section if a leak 
is detected.
    (f) Inaccessible, ceramic, or ceramic-lined connectors. (1) Any 
connector that is inaccessible or that is ceramic or ceramic-lined 
(e.g., porcelain, glass, or glass-lined), is exempt from the monitoring 
requirements of paragraphs (a) and (b) of this section, from the leak 
repair requirements of paragraph (d) of this section, and from the 
recordkeeping and reporting requirements of Sec. Sec.  63.1038 and 
63.1039. An inaccessible connector is one that meets any of the 
provisions specified in paragraphs (f)(1)(i) through (vi) of this 
section, as applicable:

[[Page 631]]

    (i) Buried;
    (ii) Insulated in a manner that prevents access to the connector by 
a monitor probe;
    (iii) Obstructed by equipment or piping that prevents access to the 
connector by a monitor probe;
    (iv) Unable to be reached from a wheeled scissor-lift or hydraulic-
type scaffold that would allow access to connectors up to 7.6 meters (25 
feet) above the ground;
    (v) Inaccessible because it would require elevating the monitoring 
personnel more than 2 meters (7 feet) above a permanent support surface 
or would require the erection of scaffold; or
    (vi) Not able to be accessed at any time in a safe manner to perform 
monitoring. Unsafe access includes, but is not limited to, the use of a 
wheeled scissor-lift on unstable or uneven terrain, the use of a 
motorized man-lift basket in areas where an ignition potential exists, 
or access would require near proximity to hazards such as electrical 
lines, or would risk damage to equipment.
    (2) If any inaccessible, ceramic, or ceramic-lined connector is 
observed by visual, audible, olfactory, or other means to be leaking, 
the visual, audible, olfactory, or other indications of a leak to the 
atmosphere shall be eliminated as soon as practical.
    (g) Except for instrumentation systems and inaccessible, ceramic, or 
ceramic-lined connectors meeting the provisions of paragraph (f) of this 
section, identify the connectors subject to the requirements of this 
subpart. Connectors need not be individually identified if all 
connectors in a designated area or length of pipe subject to the 
provisions of this subpart are identified as a group, and the number of 
connectors subject is indicated.

    Effective Date Note: At 73 FR 31376, June 2, 2008, Sec.  60.482-11a 
was stayed until further notice.



Sec.  60.483-1a  Alternative standards for valves--allowable percentage
of valves leaking.

    (a) An owner or operator may elect to comply with an allowable 
percentage of valves leaking of equal to or less than 2.0 percent.
    (b) The following requirements shall be met if an owner or operator 
wishes to comply with an allowable percentage of valves leaking:
    (1) An owner or operator must notify the Administrator that the 
owner or operator has elected to comply with the allowable percentage of 
valves leaking before implementing this alternative standard, as 
specified in Sec.  60.487a(d).
    (2) A performance test as specified in paragraph (c) of this section 
shall be conducted initially upon designation, annually, and at other 
times requested by the Administrator.
    (3) If a valve leak is detected, it shall be repaired in accordance 
with Sec.  60.482-7a(d) and (e).
    (c) Performance tests shall be conducted in the following manner:
    (1) All valves in gas/vapor and light liquid service within the 
affected facility shall be monitored within 1 week by the methods 
specified in Sec.  60.485a(b).
    (2) If an instrument reading of 500 ppm or greater is measured, a 
leak is detected.
    (3) The leak percentage shall be determined by dividing the number 
of valves for which leaks are detected by the number of valves in gas/
vapor and light liquid service within the affected facility.
    (d) Owners and operators who elect to comply with this alternative 
standard shall not have an affected facility with a leak percentage 
greater than 2.0 percent, determined as described in Sec.  60.485a(h).



Sec.  60.483-2a  Alternative standards for valves--skip period leak
detection and repair.

    (a)(1) An owner or operator may elect to comply with one of the 
alternative work practices specified in paragraphs (b)(2) and (3) of 
this section.
    (2) An owner or operator must notify the Administrator before 
implementing one of the alternative work practices, as specified in 
Sec.  60.487(d)a.
    (b)(1) An owner or operator shall comply initially with the 
requirements for valves in gas/vapor service and valves in light liquid 
service, as described in Sec.  60.482-7a.
    (2) After 2 consecutive quarterly leak detection periods with the 
percent of

[[Page 632]]

valves leaking equal to or less than 2.0, an owner or operator may begin 
to skip 1 of the quarterly leak detection periods for the valves in gas/
vapor and light liquid service.
    (3) After 5 consecutive quarterly leak detection periods with the 
percent of valves leaking equal to or less than 2.0, an owner or 
operator may begin to skip 3 of the quarterly leak detection periods for 
the valves in gas/vapor and light liquid service.
    (4) If the percent of valves leaking is greater than 2.0, the owner 
or operator shall comply with the requirements as described in Sec.  
60.482-7a but can again elect to use this section.
    (5) The percent of valves leaking shall be determined as described 
in Sec.  60.485a(h).
    (6) An owner or operator must keep a record of the percent of valves 
found leaking during each leak detection period.
    (7) A valve that begins operation in gas/vapor service or light 
liquid service after the initial startup date for a process unit 
following one of the alternative standards in this section must be 
monitored in accordance with Sec.  60.482-7a(a)(2)(i) or (ii) before the 
provisions of this section can be applied to that valve.



Sec.  60.484a  Equivalence of means of emission limitation.

    (a) Each owner or operator subject to the provisions of this subpart 
may apply to the Administrator for determination of equivalence for any 
means of emission limitation that achieves a reduction in emissions of 
VOC at least equivalent to the reduction in emissions of VOC achieved by 
the controls required in this subpart.
    (b) Determination of equivalence to the equipment, design, and 
operational requirements of this subpart will be evaluated by the 
following guidelines:
    (1) Each owner or operator applying for an equivalence determination 
shall be responsible for collecting and verifying test data to 
demonstrate equivalence of means of emission limitation.
    (2) The Administrator will compare test data for demonstrating 
equivalence of the means of emission limitation to test data for the 
equipment, design, and operational requirements.
    (3) The Administrator may condition the approval of equivalence on 
requirements that may be necessary to assure operation and maintenance 
to achieve the same emission reduction as the equipment, design, and 
operational requirements.
    (c) Determination of equivalence to the required work practices in 
this subpart will be evaluated by the following guidelines:
    (1) Each owner or operator applying for a determination of 
equivalence shall be responsible for collecting and verifying test data 
to demonstrate equivalence of an equivalent means of emission 
limitation.
    (2) For each affected facility for which a determination of 
equivalence is requested, the emission reduction achieved by the 
required work practice shall be demonstrated.
    (3) For each affected facility, for which a determination of 
equivalence is requested, the emission reduction achieved by the 
equivalent means of emission limitation shall be demonstrated.
    (4) Each owner or operator applying for a determination of 
equivalence shall commit in writing to work practice(s) that provide for 
emission reductions equal to or greater than the emission reductions 
achieved by the required work practice.
    (5) The Administrator will compare the demonstrated emission 
reduction for the equivalent means of emission limitation to the 
demonstrated emission reduction for the required work practices and will 
consider the commitment in paragraph (c)(4) of this section.
    (6) The Administrator may condition the approval of equivalence on 
requirements that may be necessary to assure operation and maintenance 
to achieve the same emission reduction as the required work practice.
    (d) An owner or operator may offer a unique approach to demonstrate 
the equivalence of any equivalent means of emission limitation.
    (e)(1) After a request for determination of equivalence is received, 
the Administrator will publish a notice in the

[[Page 633]]

Federal Register and provide the opportunity for public hearing if the 
Administrator judges that the request may be approved.
    (2) After notice and opportunity for public hearing, the 
Administrator will determine the equivalence of a means of emission 
limitation and will publish the determination in the Federal Register.
    (3) Any equivalent means of emission limitations approved under this 
section shall constitute a required work practice, equipment, design, or 
operational standard within the meaning of section 111(h)(1) of the CAA.
    (f)(1) Manufacturers of equipment used to control equipment leaks of 
VOC may apply to the Administrator for determination of equivalence for 
any equivalent means of emission limitation that achieves a reduction in 
emissions of VOC achieved by the equipment, design, and operational 
requirements of this subpart.
    (2) The Administrator will make an equivalence determination 
according to the provisions of paragraphs (b), (c), (d), and (e) of this 
section.



Sec.  60.485a  Test methods and procedures.

    (a) In conducting the performance tests required in Sec.  60.8, the 
owner or operator shall use as reference methods and procedures the test 
methods in appendix A of this part or other methods and procedures as 
specified in this section, except as provided in Sec.  60.8(b).
    (b) The owner or operator shall determine compliance with the 
standards in Sec. Sec.  60.482-1a through 60.482-11a, 60.483a, and 
60.484a as follows:
    (1) Method 21 shall be used to determine the presence of leaking 
sources. The instrument shall be calibrated before use each day of its 
use by the procedures specified in Method 21 of appendix A-7 of this 
part. The following calibration gases shall be used:
    (i) Zero air (less than 10 ppm of hydrocarbon in air); and
    (ii) A mixture of methane or n-hexane and air at a concentration no 
more than 2,000 ppm greater than the leak definition concentration of 
the equipment monitored. If the monitoring instrument's design allows 
for multiple calibration scales, then the lower scale shall be 
calibrated with a calibration gas that is no higher than 2,000 ppm above 
the concentration specified as a leak, and the highest scale shall be 
calibrated with a calibration gas that is approximately equal to 10,000 
ppm. If only one scale on an instrument will be used during monitoring, 
the owner or operator need not calibrate the scales that will not be 
used during that day's monitoring.
    (2) A calibration drift assessment shall be performed, at a minimum, 
at the end of each monitoring day. Check the instrument using the same 
calibration gas(es) that were used to calibrate the instrument before 
use. Follow the procedures specified in Method 21 of appendix A-7 of 
this part, Section 10.1, except do not adjust the meter readout to 
correspond to the calibration gas value. Record the instrument reading 
for each scale used as specified in Sec.  60.486a(e)(7). Calculate the 
average algebraic difference between the three meter readings and the 
most recent calibration value. Divide this algebraic difference by the 
initial calibration value and multiply by 100 to express the calibration 
drift as a percentage. If any calibration drift assessment shows a 
negative drift of more than 10 percent from the initial calibration 
value, then all equipment monitored since the last calibration with 
instrument readings below the appropriate leak definition and above the 
leak definition multiplied by (100 minus the percent of negative drift/
divided by 100) must be re-monitored. If any calibration drift 
assessment shows a positive drift of more than 10 percent from the 
initial calibration value, then, at the owner/operator's discretion, all 
equipment since the last calibration with instrument readings above the 
appropriate leak definition and below the leak definition multiplied by 
(100 plus the percent of positive drift/divided by 100) may be re-
monitored.
    (c) The owner or operator shall determine compliance with the no-
detectable-emission standards in Sec. Sec.  60.482-2a(e), 60.482-3a(i), 
60.482-4a, 60.482-7a(f), and 60.482-10a(e) as follows:
    (1) The requirements of paragraph (b) shall apply.
    (2) Method 21 of appendix A-7 of this part shall be used to 
determine the

[[Page 634]]

background level. All potential leak interfaces shall be traversed as 
close to the interface as possible. The arithmetic difference between 
the maximum concentration indicated by the instrument and the background 
level is compared with 500 ppm for determining compliance.
    (d) The owner or operator shall test each piece of equipment unless 
he demonstrates that a process unit is not in VOC service, i.e., that 
the VOC content would never be reasonably expected to exceed 10 percent 
by weight. For purposes of this demonstration, the following methods and 
procedures shall be used:
    (1) Procedures that conform to the general methods in ASTM E260-73, 
91, or 96, E168-67, 77, or 92, E169-63, 77, or 93 (incorporated by 
reference--see Sec.  60.17) shall be used to determine the percent VOC 
content in the process fluid that is contained in or contacts a piece of 
equipment.
    (2) Organic compounds that are considered by the Administrator to 
have negligible photochemical reactivity may be excluded from the total 
quantity of organic compounds in determining the VOC content of the 
process fluid.
    (3) Engineering judgment may be used to estimate the VOC content, if 
a piece of equipment had not been shown previously to be in service. If 
the Administrator disagrees with the judgment, paragraphs (d)(1) and (2) 
of this section shall be used to resolve the disagreement.
    (e) The owner or operator shall demonstrate that a piece of 
equipment is in light liquid service by showing that all the following 
conditions apply:
    (1) The vapor pressure of one or more of the organic components is 
greater than 0.3 kPa at 20 [deg]C (1.2 in. H2O at 68 [deg]F). 
Standard reference texts or ASTM D2879-83, 96, or 97 (incorporated by 
reference--see Sec.  60.17) shall be used to determine the vapor 
pressures.
    (2) The total concentration of the pure organic components having a 
vapor pressure greater than 0.3 kPa at 20 [deg]C (1.2 in. H2O 
at 68 [deg]F) is equal to or greater than 20 percent by weight.
    (3) The fluid is a liquid at operating conditions.
    (f) Samples used in conjunction with paragraphs (d), (e), and (g) of 
this section shall be representative of the process fluid that is 
contained in or contacts the equipment or the gas being combusted in the 
flare.
    (g) The owner or operator shall determine compliance with the 
standards of flares as follows:
    (1) Method 22 of appendix A-7 of this part shall be used to 
determine visible emissions.
    (2) A thermocouple or any other equivalent device shall be used to 
monitor the presence of a pilot flame in the flare.
    (3) The maximum permitted velocity for air assisted flares shall be 
computed using the following equation:

Vmax = K1 + K2HT

Where:

Vmax = Maximum permitted velocity, m/sec (ft/sec).
HT = Net heating value of the gas being combusted, MJ/scm 
          (Btu/scf).
K1 = 8.706 m/sec (metric units) = 28.56 ft/sec (English 
          units).
K2 = 0.7084 m\4\/(MJ-sec) (metric units) = 0.087 ft\4\/(Btu-
          sec) (English units).

    (4) The net heating value (HT) of the gas being combusted in a flare 
shall be computed using the following equation:

[GRAPHIC] [TIFF OMITTED] TR16NO07.038

Where:

K = Conversion constant, 1.740 x 10-7 (g-mole)(MJ)/(ppm-scm-
          kcal) (metric units) = 4.674 x 10-6 [(g-mole)(Btu)/
          (ppm-scf-kcal)] (English units).
Ci = Concentration of sample component ``i,'' ppm
Hi = net heat of combustion of sample component ``i'' at 25 
          [deg]C and 760 mm Hg (77 [deg]F and 14.7 psi), kcal/g-mole.

    (5) Method 18 of appendix A-6 of this part or ASTM D6420-99 (2004) 
(where the target compound(s) are those listed in Section 1.1 of ASTM 
D6420-99, and the target concentration is between 150 parts per billion 
by volume and 100 ppmv) and ASTM D2504-67, 77, or 88 (Reapproved 1993) 
(incorporated by reference-see Sec.  60.17) shall be used to determine 
the concentration of sample component ``i.''

[[Page 635]]

    (6) ASTM D2382-76 or 88 or D4809-95 (incorporated by reference-see 
Sec.  60.17) shall be used to determine the net heat of combustion of 
component ``i'' if published values are not available or cannot be 
calculated.
    (7) Method 2, 2A, 2C, or 2D of appendix A-7 of this part, as 
appropriate, shall be used to determine the actual exit velocity of a 
flare. If needed, the unobstructed (free) cross-sectional area of the 
flare tip shall be used.
    (h) The owner or operator shall determine compliance with Sec.  
60.483-1a or Sec.  60.483-2a as follows:
    (1) The percent of valves leaking shall be determined using the 
following equation:

%VL = (VL / VT) * 100

Where:

%VL = Percent leaking valves.
VL = Number of valves found leaking.
VT = The sum of the total number of valves monitored.

    (2) The total number of valves monitored shall include difficult-to-
monitor and unsafe-to-monitor valves only during the monitoring period 
in which those valves are monitored.
    (3) The number of valves leaking shall include valves for which 
repair has been delayed.
    (4) Any new valve that is not monitored within 30 days of being 
placed in service shall be included in the number of valves leaking and 
the total number of valves monitored for the monitoring period in which 
the valve is placed in service.
    (5) If the process unit has been subdivided in accordance with Sec.  
60.482-7a(c)(1)(ii), the sum of valves found leaking during a monitoring 
period includes all subgroups.
    (6) The total number of valves monitored does not include a valve 
monitored to verify repair.



Sec.  60.486a  Recordkeeping requirements.

    (a)(1) Each owner or operator subject to the provisions of this 
subpart shall comply with the recordkeeping requirements of this 
section.
    (2) An owner or operator of more than one affected facility subject 
to the provisions of this subpart may comply with the recordkeeping 
requirements for these facilities in one recordkeeping system if the 
system identifies each record by each facility.
    (3) The owner or operator shall record the information specified in 
paragraphs (a)(3)(i) through (v) of this section for each monitoring 
event required by Sec. Sec.  60.482-2a, 60.482-3a, 60.482-7a, 60.482-8a, 
60.482-11a, and 60.483-2a.
    (i) Monitoring instrument identification.
    (ii) Operator identification.
    (iii) Equipment identification.
    (iv) Date of monitoring.
    (v) Instrument reading.
    (b) When each leak is detected as specified in Sec. Sec.  60.482-2a, 
60.482-3a, 60.482-7a, 60.482-8a, 60.482-11a, and 60.483-2a, the 
following requirements apply:
    (1) A weatherproof and readily visible identification, marked with 
the equipment identification number, shall be attached to the leaking 
equipment.
    (2) The identification on a valve may be removed after it has been 
monitored for 2 successive months as specified in Sec.  60.482-7a(c) and 
no leak has been detected during those 2 months.
    (3) The identification on a connector may be removed after it has 
been monitored as specified in Sec.  60.482-11a(b)(3)(iv) and no leak 
has been detected during that monitoring.
    (4) The identification on equipment, except on a valve or connector, 
may be removed after it has been repaired.
    (c) When each leak is detected as specified in Sec. Sec.  60.482-2a, 
60.482-3a, 60.482-7a, 60.482-8a, 60.482-11a, and 60.483-2a, the 
following information shall be recorded in a log and shall be kept for 2 
years in a readily accessible location:
    (1) The instrument and operator identification numbers and the 
equipment identification number, except when indications of liquids 
dripping from a pump are designated as a leak.
    (2) The date the leak was detected and the dates of each attempt to 
repair the leak.
    (3) Repair methods applied in each attempt to repair the leak.
    (4) Maximum instrument reading measured by Method 21 of appendix A-7 
of this part at the time the leak is successfully repaired or determined 
to be nonrepairable, except when a pump is repaired by eliminating 
indications of liquids dripping.

[[Page 636]]

    (5) ``Repair delayed'' and the reason for the delay if a leak is not 
repaired within 15 calendar days after discovery of the leak.
    (6) The signature of the owner or operator (or designate) whose 
decision it was that repair could not be effected without a process 
shutdown.
    (7) The expected date of successful repair of the leak if a leak is 
not repaired within 15 days.
    (8) Dates of process unit shutdowns that occur while the equipment 
is unrepaired.
    (9) The date of successful repair of the leak.
    (d) The following information pertaining to the design requirements 
for closed vent systems and control devices described in Sec.  60.482-
10a shall be recorded and kept in a readily accessible location:
    (1) Detailed schematics, design specifications, and piping and 
instrumentation diagrams.
    (2) The dates and descriptions of any changes in the design 
specifications.
    (3) A description of the parameter or parameters monitored, as 
required in Sec.  60.482-10a(e), to ensure that control devices are 
operated and maintained in conformance with their design and an 
explanation of why that parameter (or parameters) was selected for the 
monitoring.
    (4) Periods when the closed vent systems and control devices 
required in Sec. Sec.  60.482-2a, 60.482-3a, 60.482-4a, and 60.482-5a 
are not operated as designed, including periods when a flare pilot light 
does not have a flame.
    (5) Dates of startups and shutdowns of the closed vent systems and 
control devices required in Sec. Sec.  60.482-2a, 60.482-3a, 60.482-4a, 
and 60.482-5a.
    (e) The following information pertaining to all equipment subject to 
the requirements in Sec. Sec.  60.482-1a to 60.482-11a shall be recorded 
in a log that is kept in a readily accessible location:
    (1) A list of identification numbers for equipment subject to the 
requirements of this subpart.
    (2)(i) A list of identification numbers for equipment that are 
designated for no detectable emissions under the provisions of 
Sec. Sec.  60.482-2a(e), 60.482-3a(i), and 60.482-7a(f).
    (ii) The designation of equipment as subject to the requirements of 
Sec.  60.482-2a(e), Sec.  60.482-3a(i), or Sec.  60.482-7a(f) shall be 
signed by the owner or operator. Alternatively, the owner or operator 
may establish a mechanism with their permitting authority that satisfies 
this requirement.
    (3) A list of equipment identification numbers for pressure relief 
devices required to comply with Sec.  60.482-4a.
    (4)(i) The dates of each compliance test as required in Sec. Sec.  
60.482-2a(e), 60.482-3a(i), 60.482-4a, and 60.482-7a(f).
    (ii) The background level measured during each compliance test.
    (iii) The maximum instrument reading measured at the equipment 
during each compliance test.
    (5) A list of identification numbers for equipment in vacuum 
service.
    (6) A list of identification numbers for equipment that the owner or 
operator designates as operating in VOC service less than 300 hr/yr in 
accordance with Sec.  60.482-1a(e), a description of the conditions 
under which the equipment is in VOC service, and rationale supporting 
the designation that it is in VOC service less than 300 hr/yr.
    (7) The date and results of the weekly visual inspection for 
indications of liquids dripping from pumps in light liquid service.
    (8) Records of the information specified in paragraphs (e)(8)(i) 
through (vi) of this section for monitoring instrument calibrations 
conducted according to sections 8.1.2 and 10 of Method 21 of appendix A-
7 of this part and Sec.  60.485a(b).
    (i) Date of calibration and initials of operator performing the 
calibration.
    (ii) Calibration gas cylinder identification, certification date, 
and certified concentration.
    (iii) Instrument scale(s) used.
    (iv) A description of any corrective action taken if the meter 
readout could not be adjusted to correspond to the calibration gas value 
in accordance with section 10.1 of Method 21 of appendix A-7 of this 
part.
    (v) Results of each calibration drift assessment required by Sec.  
60.485a(b)(2) (i.e., instrument reading for calibration at end of 
monitoring day and the calculated percent difference from the initial 
calibration value).

[[Page 637]]

    (vi) If an owner or operator makes their own calibration gas, a 
description of the procedure used.
    (9) The connector monitoring schedule for each process unit as 
specified in Sec.  60.482-11a(b)(3)(v).
    (10) Records of each release from a pressure relief device subject 
to Sec.  60.482-4a.
    (f) The following information pertaining to all valves subject to 
the requirements of Sec.  60.482-7a(g) and (h), all pumps subject to the 
requirements of Sec.  60.482-2a(g), and all connectors subject to the 
requirements of Sec.  60.482-11a(e) shall be recorded in a log that is 
kept in a readily accessible location:
    (1) A list of identification numbers for valves, pumps, and 
connectors that are designated as unsafe-to-monitor, an explanation for 
each valve, pump, or connector stating why the valve, pump, or connector 
is unsafe-to-monitor, and the plan for monitoring each valve, pump, or 
connector.
    (2) A list of identification numbers for valves that are designated 
as difficult-to-monitor, an explanation for each valve stating why the 
valve is difficult-to-monitor, and the schedule for monitoring each 
valve.
    (g) The following information shall be recorded for valves complying 
with Sec.  60.483-2a:
    (1) A schedule of monitoring.
    (2) The percent of valves found leaking during each monitoring 
period.
    (h) The following information shall be recorded in a log that is 
kept in a readily accessible location:
    (1) Design criterion required in Sec. Sec.  60.482-2a(d)(5) and 
60.482-3a(e)(2) and explanation of the design criterion; and
    (2) Any changes to this criterion and the reasons for the changes.
    (i) The following information shall be recorded in a log that is 
kept in a readily accessible location for use in determining exemptions 
as provided in Sec.  60.480a(d):
    (1) An analysis demonstrating the design capacity of the affected 
facility,
    (2) A statement listing the feed or raw materials and products from 
the affected facilities and an analysis demonstrating whether these 
chemicals are heavy liquids or beverage alcohol, and
    (3) An analysis demonstrating that equipment is not in VOC service.
    (j) Information and data used to demonstrate that a piece of 
equipment is not in VOC service shall be recorded in a log that is kept 
in a readily accessible location.
    (k) The provisions of Sec.  60.7(b) and (d) do not apply to affected 
facilities subject to this subpart.



Sec.  60.487a  Reporting requirements.

    (a) Each owner or operator subject to the provisions of this subpart 
shall submit semiannual reports to the Administrator beginning 6 months 
after the initial startup date.
    (b) The initial semiannual report to the Administrator shall include 
the following information:
    (1) Process unit identification.
    (2) Number of valves subject to the requirements of Sec.  60.482-7a, 
excluding those valves designated for no detectable emissions under the 
provisions of Sec.  60.482-7a(f).
    (3) Number of pumps subject to the requirements of Sec.  60.482-2a, 
excluding those pumps designated for no detectable emissions under the 
provisions of Sec.  60.482-2a(e) and those pumps complying with Sec.  
60.482-2a(f).
    (4) Number of compressors subject to the requirements of Sec.  
60.482-3a, excluding those compressors designated for no detectable 
emissions under the provisions of Sec.  60.482-3a(i) and those 
compressors complying with Sec.  60.482-3a(h).
    (5) Number of connectors subject to the requirements of Sec.  
60.482-11a.
    (c) All semiannual reports to the Administrator shall include the 
following information, summarized from the information in Sec.  60.486a:
    (1) Process unit identification.
    (2) For each month during the semiannual reporting period,
    (i) Number of valves for which leaks were detected as described in 
Sec.  60.482-7a(b) or Sec.  60.483-2a,
    (ii) Number of valves for which leaks were not repaired as required 
in Sec.  60.482-7a(d)(1),
    (iii) Number of pumps for which leaks were detected as described in 
Sec.  60.482-2a(b), (d)(4)(ii)(A) or (B), or (d)(5)(iii),
    (iv) Number of pumps for which leaks were not repaired as required 
in Sec.  60.482-2a(c)(1) and (d)(6),

[[Page 638]]

    (v) Number of compressors for which leaks were detected as described 
in Sec.  60.482-3a(f),
    (vi) Number of compressors for which leaks were not repaired as 
required in Sec.  60.482-3a(g)(1),
    (vii) Number of connectors for which leaks were detected as 
described in Sec.  60.482-11a(b)
    (viii) Number of connectors for which leaks were not repaired as 
required in Sec.  60.482-11a(d), and
    (ix)-(x) [Reserved]
    (xi) The facts that explain each delay of repair and, where 
appropriate, why a process unit shutdown was technically infeasible.
    (3) Dates of process unit shutdowns which occurred within the 
semiannual reporting period.
    (4) Revisions to items reported according to paragraph (b) of this 
section if changes have occurred since the initial report or subsequent 
revisions to the initial report.
    (d) An owner or operator electing to comply with the provisions of 
Sec. Sec.  60.483-1a or 60.483-2a shall notify the Administrator of the 
alternative standard selected 90 days before implementing either of the 
provisions.
    (e) An owner or operator shall report the results of all performance 
tests in accordance with Sec.  60.8 of the General Provisions. The 
provisions of Sec.  60.8(d) do not apply to affected facilities subject 
to the provisions of this subpart except that an owner or operator must 
notify the Administrator of the schedule for the initial performance 
tests at least 30 days before the initial performance tests.
    (f) The requirements of paragraphs (a) through (c) of this section 
remain in force until and unless EPA, in delegating enforcement 
authority to a state under section 111(c) of the CAA, approves reporting 
requirements or an alternative means of compliance surveillance adopted 
by such state. In that event, affected sources within the state will be 
relieved of the obligation to comply with the requirements of paragraphs 
(a) through (c) of this section, provided that they comply with the 
requirements established by the state.



Sec.  60.488a  Reconstruction.

    For the purposes of this subpart:
    (a) The cost of the following frequently replaced components of the 
facility shall not be considered in calculating either the ``fixed 
capital cost of the new components'' or the ``fixed capital costs that 
would be required to construct a comparable new facility'' under Sec.  
60.15: Pump seals, nuts and bolts, rupture disks, and packings.
    (b) Under Sec.  60.15, the ``fixed capital cost of new components'' 
includes the fixed capital cost of all depreciable components (except 
components specified in Sec.  60.488a(a)) which are or will be replaced 
pursuant to all continuous programs of component replacement which are 
commenced within any 2-year period following the applicability date for 
the appropriate subpart. (See the ``Applicability and designation of 
affected facility'' section of the appropriate subpart.) For purposes of 
this paragraph, ``commenced'' means that an owner or operator has 
undertaken a continuous program of component replacement or that an 
owner or operator has entered into a contractual obligation to undertake 
and complete, within a reasonable time, a continuous program of 
component replacement.



Sec.  60.489a  List of chemicals produced by affected facilities.

    Process units that produce, as intermediates or final products, 
chemicals listed in Sec.  60.489 are covered under this subpart. The 
applicability date for process units producing one or more of these 
chemicals is November 8, 2006.



Subpart WW_Standards of Performance for the Beverage Can Surface Coating 
                                Industry

    Source: 48 FR 38737, Aug. 25, 1983, unless otherwise noted.



Sec.  60.490  Applicability and designation of affected facility.

    (a) The provisions of this subpart apply to the following affected 
facilities in beverage can surface coating lines: each exterior base 
coat operation, each overvarnish coating operation, and each inside 
spray coating operation.
    (b) The provisions of this subpart apply to each affected facility 
which is

[[Page 639]]

identified in paragraph (a) of this section and commences construction, 
modification, or reconstruction after November 26, 1980.



Sec.  60.491  Definitions.

    (a) All terms which are used in this subpart and are not defined 
below are given the same meaning as in the Act and subpart A of this 
part.
    (1) Beverage can means any two-piece steel or aluminum container in 
which soft drinks or beer, including malt liquor, are packaged. The 
definition does not include containers in which fruit or vegetable 
juices are packaged.
    (2) Exterior base coating operation means the system on each 
beverage can surface coating line used to apply a coating to the 
exterior of a two-piece beverage can body. The exterior base coat 
provides corrosion resistance and a background for lithography or 
printing operations. The exterior base coat operation consists of the 
coating application station, flashoff area, and curing oven. The 
exterior base coat may be pigmented or clear (unpigmented).
    (3) Inside spray coating operation means the system on each beverage 
can surface coating line used to apply a coating to the interior of a 
two-piece beverage can body. This coating provides a protective film 
between the contents of the beverage can and the metal can body. The 
inside spray coating operation consists of the coating application 
station, flashoff area, and curing oven. Multiple applications of an 
inside spray coating are considered to be a single coating operation.
    (4) Overvarnish coating operation means the system on each beverage 
can surface coating line used to apply a coating over ink which reduces 
friction for automated beverage can filling equipment, provides gloss, 
and protects the finished beverage can body from abrasion and corrosion. 
The overvarnish coating is applied to two-piece beverage can bodies. The 
overvarnish coating operation consists of the coating application 
station, flashoff area, and curing oven.
    (5) Two-piece can means any beverage can that consists of a body 
manufactured from a single piece of steel or aluminum and a top. 
Coatings for a two-piece can are usually applied after fabrication of 
the can body.
    (6) VOC content means all volatile organic compounds (VOC) that are 
in a coating. VOC content is expressed in terms of kilograms of VOC per 
liter of coating solids.
    (b) Notations used under Sec.  60.493 of this subpart are defined 
below:

Ca = the VOC concentration in each gas stream leaving the 
          control device and entering the atmosphere (parts per million 
          as carbon)
Cb = the VOC concentration in each gas stream entering the 
          control device (parts per million as carbon)
Dc = density of each coating, as received (kilograms per 
          liter)
Dd = density of each VOC-solvent added to coatings (kilograms 
          per liter)
Dr = density of VOC-solvent recovered by an emission control 
          device (kilograms per liter)
E = VOC destruction efficiency of the control device (fraction)
F = the proportion of total VOC emitted by an affected facility which 
          enters the control device to total emissions (fraction)
G = the volume-weighted average of VOC in coatings consumed in a 
          calendar month per volume of coating solids applied (kilograms 
          per liter of coating solids)
He = the fraction of VOC emitted at the coater and flashoff 
          areas captured by a collection system
Hh = the fraction of VOC emitted at the cure oven captured by 
          a collection system
Lc = the volume of each coating consumed, as received 
          (liters)
Ld = the volume of each VOC-solvent added to coatings 
          (liters)
Lr = the volume of VOC-solvent recovered by an emission 
          control device (liters)
Ls = the volume of coating solids consumed (liters)
Md = the mass of VOC-solvent added to coatings (kilograms)
Mo = the mass of VOC-solvent in coatings consumed, as 
          received (kilograms)
Mr = the mass of VOC-solvent recovered by emission control 
          device (kilograms)
N = the volume-weighted average mass of VOC emissions to atmosphere per 
          unit volume of coating solids applied (kilograms per liter of 
          coating solids)
Qa = the volumetric flow rate of each gas stream leaving the 
          control device and entering the atmosphere (dry standard cubic 
          meters per hour)
Qb = the volumetric flow of each gas stream entering the 
          control device (dry standard cubic meters per hour)
R = the overall emission reduction efficiency for an affected facility 
          (fraction)

[[Page 640]]

Se = the fraction of VOC in coating and diluent VOC-solvent 
          emitted at the coater and flashoff area for a coating 
          operation
Sh = the fraction of VOC in coating and diluent solvent 
          emitted at the cure oven for a coating operation
Vs = the proportion of solids in each coating, as received 
          (fraction by volume)
Wo = the proportion of VOC in each coating, as received 
          (fraction by weight).

[48 FR 38737, Aug. 25, 1983, as amended at 65 FR 61763, Oct. 17, 2000]



Sec.  60.492  Standards for volatile organic compounds.

    On or after the date on which the initial performance test required 
by Sec.  60.8(a) is completed, no owner or operator subject to the 
provisions of this subpart shall discharge or cause the discharge of VOC 
emissions to the atmoshpere that exceed the following volume-weighted 
calendar-month average emissions:
    (a) 0.29 kilogram of VOC per litre of coating solids from each two-
piece can exterior base coating operation, except clear base coat;
    (b) 0.46 kilogram of VOC per litre of coating solids from each two-
piece can clear base coating operation and from each overvarnish coating 
operation; and
    (c) 0.89 kilogram of VOC per litre of coating solids from each two-
piece can inside spray coating operation.



Sec.  60.493  Performance test and compliance provisions.

    (a) Section 60.8(d) does not apply to monthly performance tests and 
Sec.  60.8(f) does not apply to the performance test procedures required 
by this subpart.
    (b) The owner or operator of an affected facility shall conduct an 
initial performance test as required under Sec.  60.8(a) and thereafter 
a performance test each calendar month for each affected facility.
    (1) The owner or operator shall use the following procedures for 
each affected facility that does not use a capture system and a control 
device to comply with the emission limit specified under Sec.  60.492. 
The owner or operator shall determine the VOC-content of the coatings 
from formulation data supplied by the manufacturer of the coating or by 
an analysis of each coating, as received, using Method 24. The 
Administrator may require the owner or operator who uses formulation 
data supplied by the manufacturer of the coating to determine the VOC 
content of coatings using Method 24 or an equivalent or alternative 
method. The owner or operator shall determine from company records the 
volume of coating and the mass of VOC-solvent added to coatings. If a 
common coating distribution system serves more than one affected 
facility or serves both affected and exiting facilities, the owner or 
operator shall estimate the volume of coating used at each facility by 
using the average dry weight of coating, number of cans, and size of 
cans being processed by each affected and existing facility or by other 
procedures acceptable to the Administrator.
    (i) Calculate the volume-weighted average of the total mass of VOC 
per volume of coating solids used during the calendar month for each 
affected facility, except as provided under paragraph (b)(1)(iv) of this 
section. The volume-weighted average of the total mass of VOC per volume 
of coating solids used each calendar month will be determined by the 
following procedures.
    (A) Calculate the mass of VOC used (Mo + Md) 
during the calendar month for the affected facility by the following 
equation:
[GRAPHIC] [TIFF OMITTED] TC16NO91.058

[[Sigma]LdjDdj will be 0 if no VOC solvent is 
          added to the coatings, as received.] where n is the number of 
          different coatings used during the calendar month and m is the 
          number of different diluent VOC-solvents used during the 
          calendar month.


[[Page 641]]


    (B) Calculate the total volume of coating solids used 
(Ls) in the calendar month for the affected facility by the 
following equation:
[GRAPHIC] [TIFF OMITTED] TC16NO91.059

where n is the number of different coatings used during the calendar 
          month.

    (C) Calculate the volume-weighted average mass of VOC per volume of 
solids used (G) during the calendar month for the affected facility by 
the following equation:
[GRAPHIC] [TIFF OMITTED] TR17OC00.018

    (ii) Calculate the volume-weighted average of VOC emissions 
discharged to the atmosphere (N) during the calendar month for the 
affected facility by the following equation:
[GRAPHIC] [TIFF OMITTED] TC16NO91.061

    (iii) Where the value of the volume-weighted average mass of VOC per 
volume of solids discharged to the atmosphere (N) is equal to or less 
than the applicable emission limit specified under Sec.  60.492, the 
affected facility is in compliance.
    (iv) If each individual coating used by an affected facility has a 
VOC content equal to or less than the limit specified under Sec.  
60.492, the affected facility is in compliance provided no VOC-solvents 
are added to the coating during distribution or application.
    (2) An owner or operator shall use the following procedures for each 
affected facility that uses a capture system and a control device that 
destroys VOC (e.g., incinerator) to comply with the emission limit 
specified under Sec.  60.492.
    (i) Determine the overall reduction efficiency (R) for the capture 
system and control device.

For the initial performance test, the overall reduction efficiency (R) 
shall be determined as prescribed in paragraphs (b)(2)(i) (A), (B), and 
(C) of this section. In subsequent months, the owner or operator may use 
the most recently determined overall reduction efficiency for the 
performance test providing control device and capture system operating 
conditions have not changed. The procedure in paragraphs (b)(2)(i), (A), 
(B), and (C) of this section, shall be repeated when directed by the 
Administrator or when the owner or operator elects to operate the 
control device or capture system at conditions different from the 
initial performance test.
    (A) Determine the fraction (F) of total VOC used by the affected 
facility that enters the control device using the following equation:
[GRAPHIC] [TIFF OMITTED] TC16NO91.062

where He an Hh shall be determined by a method 
          that has been previously approved by the Administrator. The 
          owner or operator may use the values of Se and 
          Sh specified in table 1 or other values determined 
          by a method that has been previously approved by the 
          Administrator.

                 Table 1--Distribution of VOC Emissions
------------------------------------------------------------------------
                                                          Emission
                                                        distribution
                                                   ---------------------
                 Coating operation                   Coater/
                                                     flashoff    Curing
                                                       (Se)    oven (Sh)
------------------------------------------------------------------------
Two-piece aluminum or steel can:
  Exterior base coat operation....................       0.75       0.25
  Overvarnish coating operation...................       0.75       0.25
  Inside spray coating operation..................       0.80       0.20
------------------------------------------------------------------------

    (B) Determine the destruction efficiency of the control device (E) 
using values of the volumetric flow rate of each of the gas streams and 
the VOC content (as carbon) of each of the gas streams in and out of the 
device by the following equation:
[GRAPHIC] [TIFF OMITTED] TC16NO91.241

where n is the number of vents before the control device, and m is the 
          number of vents after the control device.

    (C) Determine overall reduction efficiency (R) using the following 
equation:
[GRAPHIC] [TIFF OMITTED] TC16NO91.242

    (ii) Calculate the volume-weighted average of the total mass of VOC 
per

[[Page 642]]

volume of coating solids (G) used during the calendar month for the 
affected facility using equations (1), (2), and (3).
    (iii) Calculate the volume-weighted average of VOC emissions 
discharged to the atmosphere (N) during the calendar month by the 
following equation:
[GRAPHIC] [TIFF OMITTED] TC16NO91.243

    (iv) If the volume-weighted average of mass of VOC emitted to the 
atmosphere for the calendar month (N) is equal to or less than the 
applicable emission limit specified under Sec.  60.492, the affected 
facility is in compliance.
    (3) An owner or operator shall use the following procedure for each 
affected facility that uses a capture system and a control device that 
recovers the VOC (e.g., carbon adsorber) to comply with the applicable 
emission limit specified under Sec.  60.492.
    (i) Calculate the volume-weighted average of the total mass of VOC 
per unit volume of coating solids applied (G) used during the calendar 
month for the affected facility using equations (1), (2), and (3).
    (ii) Calculate the total mass of VOC recovered (Mr) 
during each calendar month using the following equation:
[GRAPHIC] [TIFF OMITTED] TC16NO91.244

    (iii) Calculate overall reduction efficiency of the control device 
(R) for the calendar month for the affected facility using the following 
equation:
[GRAPHIC] [TIFF OMITTED] TC16NO91.245

    (iv) Calculate the volume-weighted average mass of VOC discharged to 
the atmosphere (N) for the calendar month for the afffected facility 
using equation (8).
    (v) If the weighted average of VOC emitted to the atmosphere for the 
calendar month (N) is equal to or less than the applicable emission 
limit specified under Sec.  60.492, the affected facility is in 
compliance.

[48 FR 38737, Aug. 25, 1983, as amended at 65 FR 61763, Oct. 17, 2000]



Sec.  60.494  Monitoring of emissions and operations.

    The owner or operator of an affected facility that uses a capture 
system and an incinerator to comply with the emission limits specified 
under Sec.  60.492 shall install, calibrate, maintain, and operate 
temperature measurement devices as prescribed below.
    (a) Where thermal incineration is used, a temperature measurement 
device shall be installed in the firebox. Where catalytic incineration 
is used, temperature measurement devices shall be installed in the gas 
stream immediately before and after the catalyst bed.
    (b) Each temperature measurement device shall be installed, 
calibrated, and maintained according to the manufacturer's 
specifications. The device shall have an accuracy of 0.75 percent of the 
temperature being measured, expressed in degrees Celsius, or 2.5 [deg]C, whichever is greater.
    (c) Each temperature measurement device shall be equipped with a 
recording device so that a permanent continuous record is produced.

[48 FR 38737, Aug. 25, 1983, as amended at 65 FR 61763, Oct. 17, 2000]



Sec.  60.495  Reporting and recordkeeping requirements.

    (a) The owner or operator of an affected facility shall include the 
following data in the initial compliance report required under Sec.  
60.8(a).
    (1) Where only coatings which individually have a VOC content equal 
to or less than the limits specified under Sec.  60.492 are used, and no 
VOC is added to the coating during the application or distribution 
process, the owner or operator shall provide a list of the coatings used 
for each affected facility and the VOC content of each coating 
calculated from data determined using Method 24 or supplied by the 
manufacturers of the coatings.
    (2) Where one or more coatings which individually have a VOC content 
greater than the limits specified under Sec.  60.492 are used or where 
VOC are added or used in the coating process, the owner or operator 
shall report for each affected facility the volume-weighted average of 
the total mass of VOC per volume of coating solids.

[[Page 643]]

    (3) Where compliance is achieved through the use of incineration, 
the owner or operator shall include in the initial performance test 
required under Sec.  60.8(a) the combustion temperature (or the gas 
temperature upstream and downstream of the catalyst bed), the total mass 
of VOC per volume of coating solids before and after the incinerator, 
capture efficiency, and the destruction efficiency of the incinerator 
used to attain compliance with the applicable emission limit specified 
under Sec.  60.492. The owner or operator shall also include a 
description of the method used to establish the amount of VOC captured 
by the capture system and sent to the control device.
    (b) Following the initial performance test, each owner or operator 
shall identify, record, and submit quarterly reports to the 
Administrator of each instance in which the volume-weighted average of 
the total mass of VOC per volume of coating solids, after the control 
device, if capture devices and control systems are used, is greater than 
the limit specified under Sec.  60.492. If no such instances occur 
during a particular quarter, a report stating this shall be submitted to 
the Administrator semiannually.
    (c) Following the initial performance test, the owner or operator of 
an affected facility shall identify, record, and submit at the frequency 
specified in Sec.  60.7(c) the following:
    (1) Where compliance with Sec.  60.492 is achieved through the use 
of thermal incineration, each 3-hour period when cans are processed, 
during which the average temperature of the device was more than 28 
[deg]C below the average temperature of the device during the most 
recent performance test at which destruction efficiency was determined 
as specified under Sec.  60.493.
    (2) Where compliance with Sec.  60.492 is achieved through the use 
of catalytic incineration, each 3-hour period when cans are being 
processed, during which the average temperature of the device 
immediately before the catalyst bed is more than 28 [deg]C below the 
average temperature of the device immediately before the catalyst bed 
during the most recent performance test at which destruction efficiency 
was determined as specified under Sec.  60.493 and all 3-hour periods, 
when cans are being processed, during which the average temperature 
difference across the catalyst bed is less than 80 percent of the 
average temperature difference across the catalyst bed during the most 
recent performance test at which destruction efficiency was determined 
as specified under Sec.  60.494.
    (3) For thermal and catalytic incinerators, if no such periods as 
described in paragraphs (c)(1) and (c)(2) of this section occur, the 
owner or operator shall state this in the report.
    (d) Each owner or operator subject to the provisions of this subpart 
shall maintain at the source, for a period of at least 2 years, records 
of all data and calculations used to determine VOC emissions from each 
affected facility in the initial and monthly performance tests. Where 
compliance is achieved through the use of thermal incineration, each 
owner or operator shall maintain, at the source, daily records of the 
incinerator combustion chamber temperature. If catalytic incineration is 
used, the owner or operator shall maintain at the source daily records 
of the gas temperature, both upstream and downstream of the incinerator 
catalyst bed. Where compliance is achieved through the use of a solvent 
recovery system, the owner or operator shall maintain at the source 
daily records of the amount of solvent recovered by the system for each 
affected facility.
    (e) The requirements of this section remain in force until and 
unless EPA, in delegating enforcement authority to a State under section 
111(c) of the Act, approves reporting requirements or an alternative 
means of compliance surveillance adopted by such State. In that event, 
affected facilities within the State will be relieved of the obligation 
to comply with this subsection, provided that they comply with the 
requirements established by the State.

[47 FR 49612, Nov. 1, 1982, as amended at 55 FR 51384, Dec. 13, 1990; 65 
FR 61763, Oct. 17, 2000]



Sec.  60.496  Test methods and procedures.

    (a) The reference methods in appendix A to this part, except as 
provided in Sec.  60.8, shall be used to conduct performance tests.

[[Page 644]]

    (1) Method 24, an equivalent or alternative method approved by the 
Administrator, or manufacturers' formulation data from which the VOC 
content of the coatings used for each affected facility can be 
calculated. In the event of a dispute, Method 24 data shall govern. When 
VOC content of water-borne coatings, determined from data generated by 
Method 24, is used to determine compliance of affected facilities, the 
results of the Method 24 analysis shall be adjusted as described in 
Section 12.6 of Method 24.
    (2) Method 25 or an equivalent or alternative method for the 
determination of the VOC concentration in the effluent gas entering and 
leaving the control device for each stack equipped with an emission 
control device. The owner or operator shall notify the Administrator at 
least 30 days in advance of any State test using Method 25. The 
following reference methods are to be used in conjunction with Method 
25:
    (i) Method 1 for sample and velocity traverses,
    (ii) Method 2 for velocity and volumetric flow rate,
    (iii) Method 3 for gas analysis, and
    (iv) Method 4 for stack gas moisture.
    (b) For Method 24, the coating sample must be a 1-litre sample 
collected in a 1-litre container at a point where the sample will be 
representative of the coating material.
    (c) For Method 25, the sampling time for each of three runs must be 
at least 1 hour. The minimum sample volume must be 0.003 dscm except 
that shorter sampling times or smaller volumes, when necessitated by 
process variables or other factors, may be approved by the 
Administrator. The Administrator will approve the sampling of 
representative stacks on a case-by-case basis if the owner or operator 
can demonstrate to the satisfaction of the Administrator that the 
testing of representative stacks would yield results comparable to those 
that would be obtained by testing all stacks.

[48 FR 38737, Aug. 25, 1983, as amended at 65 FR 61763, Oct. 17, 2000]

[[Page 645]]



                              FINDING AIDS




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

  A list of CFR titles, subtitles, chapters, subchapters and parts and 
an alphabetical list of agencies publishing in the CFR are included in 
the CFR Index and Finding Aids volume to the Code of Federal Regulations 
which is published separately and revised annually.

  Table of CFR Titles and Chapters
  Alphabetical List of Agencies Appearing in the CFR
  List of CFR Sections Affected

[[Page 647]]



                    Table of CFR Titles and Chapters




                      (Revised as of July 1, 2021)

                      Title 1--General Provisions

         I  Administrative Committee of the Federal Register 
                (Parts 1--49)
        II  Office of the Federal Register (Parts 50--299)
       III  Administrative Conference of the United States (Parts 
                300--399)
        IV  Miscellaneous Agencies (Parts 400--599)
        VI  National Capital Planning Commission (Parts 600--699)

                    Title 2--Grants and Agreements

            Subtitle A--Office of Management and Budget Guidance 
                for Grants and Agreements
         I  Office of Management and Budget Governmentwide 
                Guidance for Grants and Agreements (Parts 2--199)
        II  Office of Management and Budget Guidance (Parts 200--
                299)
            Subtitle B--Federal Agency Regulations for Grants and 
                Agreements
       III  Department of Health and Human Services (Parts 300--
                399)
        IV  Department of Agriculture (Parts 400--499)
        VI  Department of State (Parts 600--699)
       VII  Agency for International Development (Parts 700--799)
      VIII  Department of Veterans Affairs (Parts 800--899)
        IX  Department of Energy (Parts 900--999)
         X  Department of the Treasury (Parts 1000--1099)
        XI  Department of Defense (Parts 1100--1199)
       XII  Department of Transportation (Parts 1200--1299)
      XIII  Department of Commerce (Parts 1300--1399)
       XIV  Department of the Interior (Parts 1400--1499)
        XV  Environmental Protection Agency (Parts 1500--1599)
     XVIII  National Aeronautics and Space Administration (Parts 
                1800--1899)
        XX  United States Nuclear Regulatory Commission (Parts 
                2000--2099)
      XXII  Corporation for National and Community Service (Parts 
                2200--2299)
     XXIII  Social Security Administration (Parts 2300--2399)
      XXIV  Department of Housing and Urban Development (Parts 
                2400--2499)
       XXV  National Science Foundation (Parts 2500--2599)
      XXVI  National Archives and Records Administration (Parts 
                2600--2699)

[[Page 648]]

     XXVII  Small Business Administration (Parts 2700--2799)
    XXVIII  Department of Justice (Parts 2800--2899)
      XXIX  Department of Labor (Parts 2900--2999)
       XXX  Department of Homeland Security (Parts 3000--3099)
      XXXI  Institute of Museum and Library Services (Parts 3100--
                3199)
     XXXII  National Endowment for the Arts (Parts 3200--3299)
    XXXIII  National Endowment for the Humanities (Parts 3300--
                3399)
     XXXIV  Department of Education (Parts 3400--3499)
      XXXV  Export-Import Bank of the United States (Parts 3500--
                3599)
     XXXVI  Office of National Drug Control Policy, Executive 
                Office of the President (Parts 3600--3699)
    XXXVII  Peace Corps (Parts 3700--3799)
     LVIII  Election Assistance Commission (Parts 5800--5899)
       LIX  Gulf Coast Ecosystem Restoration Council (Parts 5900--
                5999)

                        Title 3--The President

         I  Executive Office of the President (Parts 100--199)

                           Title 4--Accounts

         I  Government Accountability Office (Parts 1--199)

                   Title 5--Administrative Personnel

         I  Office of Personnel Management (Parts 1--1199)
        II  Merit Systems Protection Board (Parts 1200--1299)
       III  Office of Management and Budget (Parts 1300--1399)
        IV  Office of Personnel Management and Office of the 
                Director of National Intelligence (Parts 1400--
                1499)
         V  The International Organizations Employees Loyalty 
                Board (Parts 1500--1599)
        VI  Federal Retirement Thrift Investment Board (Parts 
                1600--1699)
      VIII  Office of Special Counsel (Parts 1800--1899)
        IX  Appalachian Regional Commission (Parts 1900--1999)
        XI  Armed Forces Retirement Home (Parts 2100--2199)
       XIV  Federal Labor Relations Authority, General Counsel of 
                the Federal Labor Relations Authority and Federal 
                Service Impasses Panel (Parts 2400--2499)
       XVI  Office of Government Ethics (Parts 2600--2699)
       XXI  Department of the Treasury (Parts 3100--3199)
      XXII  Federal Deposit Insurance Corporation (Parts 3200--
                3299)
     XXIII  Department of Energy (Parts 3300--3399)
      XXIV  Federal Energy Regulatory Commission (Parts 3400--
                3499)
       XXV  Department of the Interior (Parts 3500--3599)
      XXVI  Department of Defense (Parts 3600--3699)

[[Page 649]]

    XXVIII  Department of Justice (Parts 3800--3899)
      XXIX  Federal Communications Commission (Parts 3900--3999)
       XXX  Farm Credit System Insurance Corporation (Parts 4000--
                4099)
      XXXI  Farm Credit Administration (Parts 4100--4199)
    XXXIII  U.S. International Development Finance Corporation 
                (Parts 4300--4399)
     XXXIV  Securities and Exchange Commission (Parts 4400--4499)
      XXXV  Office of Personnel Management (Parts 4500--4599)
     XXXVI  Department of Homeland Security (Parts 4600--4699)
    XXXVII  Federal Election Commission (Parts 4700--4799)
        XL  Interstate Commerce Commission (Parts 5000--5099)
       XLI  Commodity Futures Trading Commission (Parts 5100--
                5199)
      XLII  Department of Labor (Parts 5200--5299)
     XLIII  National Science Foundation (Parts 5300--5399)
       XLV  Department of Health and Human Services (Parts 5500--
                5599)
      XLVI  Postal Rate Commission (Parts 5600--5699)
     XLVII  Federal Trade Commission (Parts 5700--5799)
    XLVIII  Nuclear Regulatory Commission (Parts 5800--5899)
      XLIX  Federal Labor Relations Authority (Parts 5900--5999)
         L  Department of Transportation (Parts 6000--6099)
       LII  Export-Import Bank of the United States (Parts 6200--
                6299)
      LIII  Department of Education (Parts 6300--6399)
       LIV  Environmental Protection Agency (Parts 6400--6499)
        LV  National Endowment for the Arts (Parts 6500--6599)
       LVI  National Endowment for the Humanities (Parts 6600--
                6699)
      LVII  General Services Administration (Parts 6700--6799)
     LVIII  Board of Governors of the Federal Reserve System 
                (Parts 6800--6899)
       LIX  National Aeronautics and Space Administration (Parts 
                6900--6999)
        LX  United States Postal Service (Parts 7000--7099)
       LXI  National Labor Relations Board (Parts 7100--7199)
      LXII  Equal Employment Opportunity Commission (Parts 7200--
                7299)
     LXIII  Inter-American Foundation (Parts 7300--7399)
      LXIV  Merit Systems Protection Board (Parts 7400--7499)
       LXV  Department of Housing and Urban Development (Parts 
                7500--7599)
      LXVI  National Archives and Records Administration (Parts 
                7600--7699)
     LXVII  Institute of Museum and Library Services (Parts 7700--
                7799)
    LXVIII  Commission on Civil Rights (Parts 7800--7899)
      LXIX  Tennessee Valley Authority (Parts 7900--7999)
       LXX  Court Services and Offender Supervision Agency for the 
                District of Columbia (Parts 8000--8099)
      LXXI  Consumer Product Safety Commission (Parts 8100--8199)
    LXXIII  Department of Agriculture (Parts 8300--8399)

[[Page 650]]

     LXXIV  Federal Mine Safety and Health Review Commission 
                (Parts 8400--8499)
     LXXVI  Federal Retirement Thrift Investment Board (Parts 
                8600--8699)
    LXXVII  Office of Management and Budget (Parts 8700--8799)
      LXXX  Federal Housing Finance Agency (Parts 9000--9099)
   LXXXIII  Special Inspector General for Afghanistan 
                Reconstruction (Parts 9300--9399)
    LXXXIV  Bureau of Consumer Financial Protection (Parts 9400--
                9499)
    LXXXVI  National Credit Union Administration (Parts 9600--
                9699)
     XCVII  Department of Homeland Security Human Resources 
                Management System (Department of Homeland 
                Security--Office of Personnel Management) (Parts 
                9700--9799)
    XCVIII  Council of the Inspectors General on Integrity and 
                Efficiency (Parts 9800--9899)
      XCIX  Military Compensation and Retirement Modernization 
                Commission (Parts 9900--9999)
         C  National Council on Disability (Parts 10000--10049)
        CI  National Mediation Board (Parts 10100--10199)
       CII  U.S. Office of Special Counsel (Parts 10200--10299)

                      Title 6--Domestic Security

         I  Department of Homeland Security, Office of the 
                Secretary (Parts 1--199)
         X  Privacy and Civil Liberties Oversight Board (Parts 
                1000--1099)

                         Title 7--Agriculture

            Subtitle A--Office of the Secretary of Agriculture 
                (Parts 0--26)
            Subtitle B--Regulations of the Department of 
                Agriculture
         I  Agricultural Marketing Service (Standards, 
                Inspections, Marketing Practices), Department of 
                Agriculture (Parts 27--209)
        II  Food and Nutrition Service, Department of Agriculture 
                (Parts 210--299)
       III  Animal and Plant Health Inspection Service, Department 
                of Agriculture (Parts 300--399)
        IV  Federal Crop Insurance Corporation, Department of 
                Agriculture (Parts 400--499)
         V  Agricultural Research Service, Department of 
                Agriculture (Parts 500--599)
        VI  Natural Resources Conservation Service, Department of 
                Agriculture (Parts 600--699)
       VII  Farm Service Agency, Department of Agriculture (Parts 
                700--799)
      VIII  Agricultural Marketing Service (Federal Grain 
                Inspection Service, Fair Trade Practices Program), 
                Department of Agriculture (Parts 800--899)

[[Page 651]]

        IX  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Fruits, Vegetables, Nuts), Department 
                of Agriculture (Parts 900--999)
         X  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Milk), Department of Agriculture 
                (Parts 1000--1199)
        XI  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Miscellaneous Commodities), Department 
                of Agriculture (Parts 1200--1299)
       XIV  Commodity Credit Corporation, Department of 
                Agriculture (Parts 1400--1499)
        XV  Foreign Agricultural Service, Department of 
                Agriculture (Parts 1500--1599)
       XVI  (Parts 1600--1699) [Reserved]
      XVII  Rural Utilities Service, Department of Agriculture 
                (Parts 1700--1799)
     XVIII  Rural Housing Service, Rural Business-Cooperative 
                Service, Rural Utilities Service, and Farm Service 
                Agency, Department of Agriculture (Parts 1800--
                2099)
        XX  (Parts 2200--2299) [Reserved]
       XXV  Office of Advocacy and Outreach, Department of 
                Agriculture (Parts 2500--2599)
      XXVI  Office of Inspector General, Department of Agriculture 
                (Parts 2600--2699)
     XXVII  Office of Information Resources Management, Department 
                of Agriculture (Parts 2700--2799)
    XXVIII  Office of Operations, Department of Agriculture (Parts 
                2800--2899)
      XXIX  Office of Energy Policy and New Uses, Department of 
                Agriculture (Parts 2900--2999)
       XXX  Office of the Chief Financial Officer, Department of 
                Agriculture (Parts 3000--3099)
      XXXI  Office of Environmental Quality, Department of 
                Agriculture (Parts 3100--3199)
     XXXII  Office of Procurement and Property Management, 
                Department of Agriculture (Parts 3200--3299)
    XXXIII  Office of Transportation, Department of Agriculture 
                (Parts 3300--3399)
     XXXIV  National Institute of Food and Agriculture (Parts 
                3400--3499)
      XXXV  Rural Housing Service, Department of Agriculture 
                (Parts 3500--3599)
     XXXVI  National Agricultural Statistics Service, Department 
                of Agriculture (Parts 3600--3699)
    XXXVII  Economic Research Service, Department of Agriculture 
                (Parts 3700--3799)
   XXXVIII  World Agricultural Outlook Board, Department of 
                Agriculture (Parts 3800--3899)
       XLI  [Reserved]
      XLII  Rural Business-Cooperative Service and Rural Utilities 
                Service, Department of Agriculture (Parts 4200--
                4299)

[[Page 652]]

         L  Rural Business-Cooperative Service, and Rural 
                Utilities Service, Department of Agriculture 
                (Parts 5000--5099)

                    Title 8--Aliens and Nationality

         I  Department of Homeland Security (Parts 1--499)
         V  Executive Office for Immigration Review, Department of 
                Justice (Parts 1000--1399)

                 Title 9--Animals and Animal Products

         I  Animal and Plant Health Inspection Service, Department 
                of Agriculture (Parts 1--199)
        II  Agricultural Marketing Service (Fair Trade Practices 
                Program), Department of Agriculture (Parts 200--
                299)
       III  Food Safety and Inspection Service, Department of 
                Agriculture (Parts 300--599)

                           Title 10--Energy

         I  Nuclear Regulatory Commission (Parts 0--199)
        II  Department of Energy (Parts 200--699)
       III  Department of Energy (Parts 700--999)
         X  Department of Energy (General Provisions) (Parts 
                1000--1099)
      XIII  Nuclear Waste Technical Review Board (Parts 1300--
                1399)
      XVII  Defense Nuclear Facilities Safety Board (Parts 1700--
                1799)
     XVIII  Northeast Interstate Low-Level Radioactive Waste 
                Commission (Parts 1800--1899)

                      Title 11--Federal Elections

         I  Federal Election Commission (Parts 1--9099)
        II  Election Assistance Commission (Parts 9400--9499)

                      Title 12--Banks and Banking

         I  Comptroller of the Currency, Department of the 
                Treasury (Parts 1--199)
        II  Federal Reserve System (Parts 200--299)
       III  Federal Deposit Insurance Corporation (Parts 300--399)
        IV  Export-Import Bank of the United States (Parts 400--
                499)
         V  (Parts 500--599) [Reserved]
        VI  Farm Credit Administration (Parts 600--699)
       VII  National Credit Union Administration (Parts 700--799)
      VIII  Federal Financing Bank (Parts 800--899)
        IX  (Parts 900--999) [Reserved]
         X  Bureau of Consumer Financial Protection (Parts 1000--
                1099)

[[Page 653]]

        XI  Federal Financial Institutions Examination Council 
                (Parts 1100--1199)
       XII  Federal Housing Finance Agency (Parts 1200--1299)
      XIII  Financial Stability Oversight Council (Parts 1300--
                1399)
       XIV  Farm Credit System Insurance Corporation (Parts 1400--
                1499)
        XV  Department of the Treasury (Parts 1500--1599)
       XVI  Office of Financial Research, Department of the 
                Treasury (Parts 1600--1699)
      XVII  Office of Federal Housing Enterprise Oversight, 
                Department of Housing and Urban Development (Parts 
                1700--1799)
     XVIII  Community Development Financial Institutions Fund, 
                Department of the Treasury (Parts 1800--1899)

               Title 13--Business Credit and Assistance

         I  Small Business Administration (Parts 1--199)
       III  Economic Development Administration, Department of 
                Commerce (Parts 300--399)
        IV  Emergency Steel Guarantee Loan Board (Parts 400--499)
         V  Emergency Oil and Gas Guaranteed Loan Board (Parts 
                500--599)

                    Title 14--Aeronautics and Space

         I  Federal Aviation Administration, Department of 
                Transportation (Parts 1--199)
        II  Office of the Secretary, Department of Transportation 
                (Aviation Proceedings) (Parts 200--399)
       III  Commercial Space Transportation, Federal Aviation 
                Administration, Department of Transportation 
                (Parts 400--1199)
         V  National Aeronautics and Space Administration (Parts 
                1200--1299)
        VI  Air Transportation System Stabilization (Parts 1300--
                1399)

                 Title 15--Commerce and Foreign Trade

            Subtitle A--Office of the Secretary of Commerce (Parts 
                0--29)
            Subtitle B--Regulations Relating to Commerce and 
                Foreign Trade
         I  Bureau of the Census, Department of Commerce (Parts 
                30--199)
        II  National Institute of Standards and Technology, 
                Department of Commerce (Parts 200--299)
       III  International Trade Administration, Department of 
                Commerce (Parts 300--399)
        IV  Foreign-Trade Zones Board, Department of Commerce 
                (Parts 400--499)
       VII  Bureau of Industry and Security, Department of 
                Commerce (Parts 700--799)

[[Page 654]]

      VIII  Bureau of Economic Analysis, Department of Commerce 
                (Parts 800--899)
        IX  National Oceanic and Atmospheric Administration, 
                Department of Commerce (Parts 900--999)
        XI  National Technical Information Service, Department of 
                Commerce (Parts 1100--1199)
      XIII  East-West Foreign Trade Board (Parts 1300--1399)
       XIV  Minority Business Development Agency (Parts 1400--
                1499)
        XV  Office of the Under-Secretary for Economic Affairs, 
                Department of Commerce (Parts 1500--1599)
            Subtitle C--Regulations Relating to Foreign Trade 
                Agreements
        XX  Office of the United States Trade Representative 
                (Parts 2000--2099)
            Subtitle D--Regulations Relating to Telecommunications 
                and Information
     XXIII  National Telecommunications and Information 
                Administration, Department of Commerce (Parts 
                2300--2399) [Reserved]

                    Title 16--Commercial Practices

         I  Federal Trade Commission (Parts 0--999)
        II  Consumer Product Safety Commission (Parts 1000--1799)

             Title 17--Commodity and Securities Exchanges

         I  Commodity Futures Trading Commission (Parts 1--199)
        II  Securities and Exchange Commission (Parts 200--399)
        IV  Department of the Treasury (Parts 400--499)

          Title 18--Conservation of Power and Water Resources

         I  Federal Energy Regulatory Commission, Department of 
                Energy (Parts 1--399)
       III  Delaware River Basin Commission (Parts 400--499)
        VI  Water Resources Council (Parts 700--799)
      VIII  Susquehanna River Basin Commission (Parts 800--899)
      XIII  Tennessee Valley Authority (Parts 1300--1399)

                       Title 19--Customs Duties

         I  U.S. Customs and Border Protection, Department of 
                Homeland Security; Department of the Treasury 
                (Parts 0--199)
        II  United States International Trade Commission (Parts 
                200--299)
       III  International Trade Administration, Department of 
                Commerce (Parts 300--399)
        IV  U.S. Immigration and Customs Enforcement, Department 
                of Homeland Security (Parts 400--599) [Reserved]

[[Page 655]]

                     Title 20--Employees' Benefits

         I  Office of Workers' Compensation Programs, Department 
                of Labor (Parts 1--199)
        II  Railroad Retirement Board (Parts 200--399)
       III  Social Security Administration (Parts 400--499)
        IV  Employees' Compensation Appeals Board, Department of 
                Labor (Parts 500--599)
         V  Employment and Training Administration, Department of 
                Labor (Parts 600--699)
        VI  Office of Workers' Compensation Programs, Department 
                of Labor (Parts 700--799)
       VII  Benefits Review Board, Department of Labor (Parts 
                800--899)
      VIII  Joint Board for the Enrollment of Actuaries (Parts 
                900--999)
        IX  Office of the Assistant Secretary for Veterans' 
                Employment and Training Service, Department of 
                Labor (Parts 1000--1099)

                       Title 21--Food and Drugs

         I  Food and Drug Administration, Department of Health and 
                Human Services (Parts 1--1299)
        II  Drug Enforcement Administration, Department of Justice 
                (Parts 1300--1399)
       III  Office of National Drug Control Policy (Parts 1400--
                1499)

                      Title 22--Foreign Relations

         I  Department of State (Parts 1--199)
        II  Agency for International Development (Parts 200--299)
       III  Peace Corps (Parts 300--399)
        IV  International Joint Commission, United States and 
                Canada (Parts 400--499)
         V  United States Agency for Global Media (Parts 500--599)
       VII  U.S. International Development Finance Corporation 
                (Parts 700--799)
        IX  Foreign Service Grievance Board (Parts 900--999)
         X  Inter-American Foundation (Parts 1000--1099)
        XI  International Boundary and Water Commission, United 
                States and Mexico, United States Section (Parts 
                1100--1199)
       XII  United States International Development Cooperation 
                Agency (Parts 1200--1299)
      XIII  Millennium Challenge Corporation (Parts 1300--1399)
       XIV  Foreign Service Labor Relations Board; Federal Labor 
                Relations Authority; General Counsel of the 
                Federal Labor Relations Authority; and the Foreign 
                Service Impasse Disputes Panel (Parts 1400--1499)
        XV  African Development Foundation (Parts 1500--1599)
       XVI  Japan-United States Friendship Commission (Parts 
                1600--1699)
      XVII  United States Institute of Peace (Parts 1700--1799)

[[Page 656]]

                          Title 23--Highways

         I  Federal Highway Administration, Department of 
                Transportation (Parts 1--999)
        II  National Highway Traffic Safety Administration and 
                Federal Highway Administration, Department of 
                Transportation (Parts 1200--1299)
       III  National Highway Traffic Safety Administration, 
                Department of Transportation (Parts 1300--1399)

                Title 24--Housing and Urban Development

            Subtitle A--Office of the Secretary, Department of 
                Housing and Urban Development (Parts 0--99)
            Subtitle B--Regulations Relating to Housing and Urban 
                Development
         I  Office of Assistant Secretary for Equal Opportunity, 
                Department of Housing and Urban Development (Parts 
                100--199)
        II  Office of Assistant Secretary for Housing-Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Parts 200--299)
       III  Government National Mortgage Association, Department 
                of Housing and Urban Development (Parts 300--399)
        IV  Office of Housing and Office of Multifamily Housing 
                Assistance Restructuring, Department of Housing 
                and Urban Development (Parts 400--499)
         V  Office of Assistant Secretary for Community Planning 
                and Development, Department of Housing and Urban 
                Development (Parts 500--599)
        VI  Office of Assistant Secretary for Community Planning 
                and Development, Department of Housing and Urban 
                Development (Parts 600--699) [Reserved]
       VII  Office of the Secretary, Department of Housing and 
                Urban Development (Housing Assistance Programs and 
                Public and Indian Housing Programs) (Parts 700--
                799)
      VIII  Office of the Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Section 8 Housing Assistance 
                Programs, Section 202 Direct Loan Program, Section 
                202 Supportive Housing for the Elderly Program and 
                Section 811 Supportive Housing for Persons With 
                Disabilities Program) (Parts 800--899)
        IX  Office of Assistant Secretary for Public and Indian 
                Housing, Department of Housing and Urban 
                Development (Parts 900--1699)
         X  Office of Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Interstate Land Sales 
                Registration Program) (Parts 1700--1799) 
                [Reserved]
       XII  Office of Inspector General, Department of Housing and 
                Urban Development (Parts 2000--2099)
        XV  Emergency Mortgage Insurance and Loan Programs, 
                Department of Housing and Urban Development (Parts 
                2700--2799) [Reserved]

[[Page 657]]

        XX  Office of Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Parts 3200--3899)
      XXIV  Board of Directors of the HOPE for Homeowners Program 
                (Parts 4000--4099) [Reserved]
       XXV  Neighborhood Reinvestment Corporation (Parts 4100--
                4199)

                           Title 25--Indians

         I  Bureau of Indian Affairs, Department of the Interior 
                (Parts 1--299)
        II  Indian Arts and Crafts Board, Department of the 
                Interior (Parts 300--399)
       III  National Indian Gaming Commission, Department of the 
                Interior (Parts 500--599)
        IV  Office of Navajo and Hopi Indian Relocation (Parts 
                700--899)
         V  Bureau of Indian Affairs, Department of the Interior, 
                and Indian Health Service, Department of Health 
                and Human Services (Part 900--999)
        VI  Office of the Assistant Secretary, Indian Affairs, 
                Department of the Interior (Parts 1000--1199)
       VII  Office of the Special Trustee for American Indians, 
                Department of the Interior (Parts 1200--1299)

                      Title 26--Internal Revenue

         I  Internal Revenue Service, Department of the Treasury 
                (Parts 1--End)

           Title 27--Alcohol, Tobacco Products and Firearms

         I  Alcohol and Tobacco Tax and Trade Bureau, Department 
                of the Treasury (Parts 1--399)
        II  Bureau of Alcohol, Tobacco, Firearms, and Explosives, 
                Department of Justice (Parts 400--799)

                   Title 28--Judicial Administration

         I  Department of Justice (Parts 0--299)
       III  Federal Prison Industries, Inc., Department of Justice 
                (Parts 300--399)
         V  Bureau of Prisons, Department of Justice (Parts 500--
                599)
        VI  Offices of Independent Counsel, Department of Justice 
                (Parts 600--699)
       VII  Office of Independent Counsel (Parts 700--799)
      VIII  Court Services and Offender Supervision Agency for the 
                District of Columbia (Parts 800--899)
        IX  National Crime Prevention and Privacy Compact Council 
                (Parts 900--999)

[[Page 658]]

        XI  Department of Justice and Department of State (Parts 
                1100--1199)

                            Title 29--Labor

            Subtitle A--Office of the Secretary of Labor (Parts 
                0--99)
            Subtitle B--Regulations Relating to Labor
         I  National Labor Relations Board (Parts 100--199)
        II  Office of Labor-Management Standards, Department of 
                Labor (Parts 200--299)
       III  National Railroad Adjustment Board (Parts 300--399)
        IV  Office of Labor-Management Standards, Department of 
                Labor (Parts 400--499)
         V  Wage and Hour Division, Department of Labor (Parts 
                500--899)
        IX  Construction Industry Collective Bargaining Commission 
                (Parts 900--999)
         X  National Mediation Board (Parts 1200--1299)
       XII  Federal Mediation and Conciliation Service (Parts 
                1400--1499)
       XIV  Equal Employment Opportunity Commission (Parts 1600--
                1699)
      XVII  Occupational Safety and Health Administration, 
                Department of Labor (Parts 1900--1999)
        XX  Occupational Safety and Health Review Commission 
                (Parts 2200--2499)
       XXV  Employee Benefits Security Administration, Department 
                of Labor (Parts 2500--2599)
     XXVII  Federal Mine Safety and Health Review Commission 
                (Parts 2700--2799)
        XL  Pension Benefit Guaranty Corporation (Parts 4000--
                4999)

                      Title 30--Mineral Resources

         I  Mine Safety and Health Administration, Department of 
                Labor (Parts 1--199)
        II  Bureau of Safety and Environmental Enforcement, 
                Department of the Interior (Parts 200--299)
        IV  Geological Survey, Department of the Interior (Parts 
                400--499)
         V  Bureau of Ocean Energy Management, Department of the 
                Interior (Parts 500--599)
       VII  Office of Surface Mining Reclamation and Enforcement, 
                Department of the Interior (Parts 700--999)
       XII  Office of Natural Resources Revenue, Department of the 
                Interior (Parts 1200--1299)

                 Title 31--Money and Finance: Treasury

            Subtitle A--Office of the Secretary of the Treasury 
                (Parts 0--50)
            Subtitle B--Regulations Relating to Money and Finance

[[Page 659]]

         I  Monetary Offices, Department of the Treasury (Parts 
                51--199)
        II  Fiscal Service, Department of the Treasury (Parts 
                200--399)
        IV  Secret Service, Department of the Treasury (Parts 
                400--499)
         V  Office of Foreign Assets Control, Department of the 
                Treasury (Parts 500--599)
        VI  Bureau of Engraving and Printing, Department of the 
                Treasury (Parts 600--699)
       VII  Federal Law Enforcement Training Center, Department of 
                the Treasury (Parts 700--799)
      VIII  Office of Investment Security, Department of the 
                Treasury (Parts 800--899)
        IX  Federal Claims Collection Standards (Department of the 
                Treasury--Department of Justice) (Parts 900--999)
         X  Financial Crimes Enforcement Network, Department of 
                the Treasury (Parts 1000--1099)

                      Title 32--National Defense

            Subtitle A--Department of Defense
         I  Office of the Secretary of Defense (Parts 1--399)
         V  Department of the Army (Parts 400--699)
        VI  Department of the Navy (Parts 700--799)
       VII  Department of the Air Force (Parts 800--1099)
            Subtitle B--Other Regulations Relating to National 
                Defense
       XII  Department of Defense, Defense Logistics Agency (Parts 
                1200--1299)
       XVI  Selective Service System (Parts 1600--1699)
      XVII  Office of the Director of National Intelligence (Parts 
                1700--1799)
     XVIII  National Counterintelligence Center (Parts 1800--1899)
       XIX  Central Intelligence Agency (Parts 1900--1999)
        XX  Information Security Oversight Office, National 
                Archives and Records Administration (Parts 2000--
                2099)
       XXI  National Security Council (Parts 2100--2199)
      XXIV  Office of Science and Technology Policy (Parts 2400--
                2499)
     XXVII  Office for Micronesian Status Negotiations (Parts 
                2700--2799)
    XXVIII  Office of the Vice President of the United States 
                (Parts 2800--2899)

               Title 33--Navigation and Navigable Waters

         I  Coast Guard, Department of Homeland Security (Parts 
                1--199)
        II  Corps of Engineers, Department of the Army, Department 
                of Defense (Parts 200--399)
        IV  Great Lakes St. Lawrence Seaway Development 
                Corporation, Department of Transportation (Parts 
                400--499)

[[Page 660]]

                          Title 34--Education

            Subtitle A--Office of the Secretary, Department of 
                Education (Parts 1--99)
            Subtitle B--Regulations of the Offices of the 
                Department of Education
         I  Office for Civil Rights, Department of Education 
                (Parts 100--199)
        II  Office of Elementary and Secondary Education, 
                Department of Education (Parts 200--299)
       III  Office of Special Education and Rehabilitative 
                Services, Department of Education (Parts 300--399)
        IV  Office of Career, Technical, and Adult Education, 
                Department of Education (Parts 400--499)
         V  Office of Bilingual Education and Minority Languages 
                Affairs, Department of Education (Parts 500--599) 
                [Reserved]
        VI  Office of Postsecondary Education, Department of 
                Education (Parts 600--699)
       VII  Office of Educational Research and Improvement, 
                Department of Education (Parts 700--799) 
                [Reserved]
            Subtitle C--Regulations Relating to Education
        XI  (Parts 1100--1199) [Reserved]
       XII  National Council on Disability (Parts 1200--1299)

                          Title 35 [Reserved]

             Title 36--Parks, Forests, and Public Property

         I  National Park Service, Department of the Interior 
                (Parts 1--199)
        II  Forest Service, Department of Agriculture (Parts 200--
                299)
       III  Corps of Engineers, Department of the Army (Parts 
                300--399)
        IV  American Battle Monuments Commission (Parts 400--499)
         V  Smithsonian Institution (Parts 500--599)
        VI  [Reserved]
       VII  Library of Congress (Parts 700--799)
      VIII  Advisory Council on Historic Preservation (Parts 800--
                899)
        IX  Pennsylvania Avenue Development Corporation (Parts 
                900--999)
         X  Presidio Trust (Parts 1000--1099)
        XI  Architectural and Transportation Barriers Compliance 
                Board (Parts 1100--1199)
       XII  National Archives and Records Administration (Parts 
                1200--1299)
        XV  Oklahoma City National Memorial Trust (Parts 1500--
                1599)
       XVI  Morris K. Udall Scholarship and Excellence in National 
                Environmental Policy Foundation (Parts 1600--1699)

             Title 37--Patents, Trademarks, and Copyrights

         I  United States Patent and Trademark Office, Department 
                of Commerce (Parts 1--199)
        II  U.S. Copyright Office, Library of Congress (Parts 
                200--299)

[[Page 661]]

       III  Copyright Royalty Board, Library of Congress (Parts 
                300--399)
        IV  National Institute of Standards and Technology, 
                Department of Commerce (Parts 400--599)

           Title 38--Pensions, Bonuses, and Veterans' Relief

         I  Department of Veterans Affairs (Parts 0--199)
        II  Armed Forces Retirement Home (Parts 200--299)

                       Title 39--Postal Service

         I  United States Postal Service (Parts 1--999)
       III  Postal Regulatory Commission (Parts 3000--3099)

                  Title 40--Protection of Environment

         I  Environmental Protection Agency (Parts 1--1099)
        IV  Environmental Protection Agency and Department of 
                Justice (Parts 1400--1499)
         V  Council on Environmental Quality (Parts 1500--1599)
        VI  Chemical Safety and Hazard Investigation Board (Parts 
                1600--1699)
       VII  Environmental Protection Agency and Department of 
                Defense; Uniform National Discharge Standards for 
                Vessels of the Armed Forces (Parts 1700--1799)
      VIII  Gulf Coast Ecosystem Restoration Council (Parts 1800--
                1899)
        IX  Federal Permitting Improvement Steering Council (Part 
                1900)

          Title 41--Public Contracts and Property Management

            Subtitle A--Federal Procurement Regulations System 
                [Note]
            Subtitle B--Other Provisions Relating to Public 
                Contracts
        50  Public Contracts, Department of Labor (Parts 50-1--50-
                999)
        51  Committee for Purchase From People Who Are Blind or 
                Severely Disabled (Parts 51-1--51-99)
        60  Office of Federal Contract Compliance Programs, Equal 
                Employment Opportunity, Department of Labor (Parts 
                60-1--60-999)
        61  Office of the Assistant Secretary for Veterans' 
                Employment and Training Service, Department of 
                Labor (Parts 61-1--61-999)
   62--100  [Reserved]
            Subtitle C--Federal Property Management Regulations 
                System
       101  Federal Property Management Regulations (Parts 101-1--
                101-99)
       102  Federal Management Regulation (Parts 102-1--102-299)
  103--104  [Reserved]
       105  General Services Administration (Parts 105-1--105-999)

[[Page 662]]

       109  Department of Energy Property Management Regulations 
                (Parts 109-1--109-99)
       114  Department of the Interior (Parts 114-1--114-99)
       115  Environmental Protection Agency (Parts 115-1--115-99)
       128  Department of Justice (Parts 128-1--128-99)
  129--200  [Reserved]
            Subtitle D--Other Provisions Relating to Property 
                Management [Reserved]
            Subtitle E--Federal Information Resources Management 
                Regulations System [Reserved]
            Subtitle F--Federal Travel Regulation System
       300  General (Parts 300-1--300-99)
       301  Temporary Duty (TDY) Travel Allowances (Parts 301-1--
                301-99)
       302  Relocation Allowances (Parts 302-1--302-99)
       303  Payment of Expenses Connected with the Death of 
                Certain Employees (Part 303-1--303-99)
       304  Payment of Travel Expenses from a Non-Federal Source 
                (Parts 304-1--304-99)

                        Title 42--Public Health

         I  Public Health Service, Department of Health and Human 
                Services (Parts 1--199)
   II--III  [Reserved]
        IV  Centers for Medicare & Medicaid Services, Department 
                of Health and Human Services (Parts 400--699)
         V  Office of Inspector General-Health Care, Department of 
                Health and Human Services (Parts 1000--1099)

                   Title 43--Public Lands: Interior

            Subtitle A--Office of the Secretary of the Interior 
                (Parts 1--199)
            Subtitle B--Regulations Relating to Public Lands
         I  Bureau of Reclamation, Department of the Interior 
                (Parts 400--999)
        II  Bureau of Land Management, Department of the Interior 
                (Parts 1000--9999)
       III  Utah Reclamation Mitigation and Conservation 
                Commission (Parts 10000--10099)

             Title 44--Emergency Management and Assistance

         I  Federal Emergency Management Agency, Department of 
                Homeland Security (Parts 0--399)
        IV  Department of Commerce and Department of 
                Transportation (Parts 400--499)

[[Page 663]]

                       Title 45--Public Welfare

            Subtitle A--Department of Health and Human Services 
                (Parts 1--199)
            Subtitle B--Regulations Relating to Public Welfare
        II  Office of Family Assistance (Assistance Programs), 
                Administration for Children and Families, 
                Department of Health and Human Services (Parts 
                200--299)
       III  Office of Child Support Enforcement (Child Support 
                Enforcement Program), Administration for Children 
                and Families, Department of Health and Human 
                Services (Parts 300--399)
        IV  Office of Refugee Resettlement, Administration for 
                Children and Families, Department of Health and 
                Human Services (Parts 400--499)
         V  Foreign Claims Settlement Commission of the United 
                States, Department of Justice (Parts 500--599)
        VI  National Science Foundation (Parts 600--699)
       VII  Commission on Civil Rights (Parts 700--799)
      VIII  Office of Personnel Management (Parts 800--899)
        IX  Denali Commission (Parts 900--999)
         X  Office of Community Services, Administration for 
                Children and Families, Department of Health and 
                Human Services (Parts 1000--1099)
        XI  National Foundation on the Arts and the Humanities 
                (Parts 1100--1199)
       XII  Corporation for National and Community Service (Parts 
                1200--1299)
      XIII  Administration for Children and Families, Department 
                of Health and Human Services (Parts 1300--1399)
       XVI  Legal Services Corporation (Parts 1600--1699)
      XVII  National Commission on Libraries and Information 
                Science (Parts 1700--1799)
     XVIII  Harry S. Truman Scholarship Foundation (Parts 1800--
                1899)
       XXI  Commission of Fine Arts (Parts 2100--2199)
     XXIII  Arctic Research Commission (Parts 2300--2399)
      XXIV  James Madison Memorial Fellowship Foundation (Parts 
                2400--2499)
       XXV  Corporation for National and Community Service (Parts 
                2500--2599)

                          Title 46--Shipping

         I  Coast Guard, Department of Homeland Security (Parts 
                1--199)
        II  Maritime Administration, Department of Transportation 
                (Parts 200--399)
       III  Coast Guard (Great Lakes Pilotage), Department of 
                Homeland Security (Parts 400--499)
        IV  Federal Maritime Commission (Parts 500--599)

[[Page 664]]

                      Title 47--Telecommunication

         I  Federal Communications Commission (Parts 0--199)
        II  Office of Science and Technology Policy and National 
                Security Council (Parts 200--299)
       III  National Telecommunications and Information 
                Administration, Department of Commerce (Parts 
                300--399)
        IV  National Telecommunications and Information 
                Administration, Department of Commerce, and 
                National Highway Traffic Safety Administration, 
                Department of Transportation (Parts 400--499)
         V  The First Responder Network Authority (Parts 500--599)

           Title 48--Federal Acquisition Regulations System

         1  Federal Acquisition Regulation (Parts 1--99)
         2  Defense Acquisition Regulations System, Department of 
                Defense (Parts 200--299)
         3  Department of Health and Human Services (Parts 300--
                399)
         4  Department of Agriculture (Parts 400--499)
         5  General Services Administration (Parts 500--599)
         6  Department of State (Parts 600--699)
         7  Agency for International Development (Parts 700--799)
         8  Department of Veterans Affairs (Parts 800--899)
         9  Department of Energy (Parts 900--999)
        10  Department of the Treasury (Parts 1000--1099)
        12  Department of Transportation (Parts 1200--1299)
        13  Department of Commerce (Parts 1300--1399)
        14  Department of the Interior (Parts 1400--1499)
        15  Environmental Protection Agency (Parts 1500--1599)
        16  Office of Personnel Management Federal Employees 
                Health Benefits Acquisition Regulation (Parts 
                1600--1699)
        17  Office of Personnel Management (Parts 1700--1799)
        18  National Aeronautics and Space Administration (Parts 
                1800--1899)
        19  Broadcasting Board of Governors (Parts 1900--1999)
        20  Nuclear Regulatory Commission (Parts 2000--2099)
        21  Office of Personnel Management, Federal Employees 
                Group Life Insurance Federal Acquisition 
                Regulation (Parts 2100--2199)
        23  Social Security Administration (Parts 2300--2399)
        24  Department of Housing and Urban Development (Parts 
                2400--2499)
        25  National Science Foundation (Parts 2500--2599)
        28  Department of Justice (Parts 2800--2899)
        29  Department of Labor (Parts 2900--2999)
        30  Department of Homeland Security, Homeland Security 
                Acquisition Regulation (HSAR) (Parts 3000--3099)
        34  Department of Education Acquisition Regulation (Parts 
                3400--3499)

[[Page 665]]

        51  Department of the Army Acquisition Regulations (Parts 
                5100--5199) [Reserved]
        52  Department of the Navy Acquisition Regulations (Parts 
                5200--5299)
        53  Department of the Air Force Federal Acquisition 
                Regulation Supplement (Parts 5300--5399) 
                [Reserved]
        54  Defense Logistics Agency, Department of Defense (Parts 
                5400--5499)
        57  African Development Foundation (Parts 5700--5799)
        61  Civilian Board of Contract Appeals, General Services 
                Administration (Parts 6100--6199)
        99  Cost Accounting Standards Board, Office of Federal 
                Procurement Policy, Office of Management and 
                Budget (Parts 9900--9999)

                       Title 49--Transportation

            Subtitle A--Office of the Secretary of Transportation 
                (Parts 1--99)
            Subtitle B--Other Regulations Relating to 
                Transportation
         I  Pipeline and Hazardous Materials Safety 
                Administration, Department of Transportation 
                (Parts 100--199)
        II  Federal Railroad Administration, Department of 
                Transportation (Parts 200--299)
       III  Federal Motor Carrier Safety Administration, 
                Department of Transportation (Parts 300--399)
        IV  Coast Guard, Department of Homeland Security (Parts 
                400--499)
         V  National Highway Traffic Safety Administration, 
                Department of Transportation (Parts 500--599)
        VI  Federal Transit Administration, Department of 
                Transportation (Parts 600--699)
       VII  National Railroad Passenger Corporation (AMTRAK) 
                (Parts 700--799)
      VIII  National Transportation Safety Board (Parts 800--999)
         X  Surface Transportation Board (Parts 1000--1399)
        XI  Research and Innovative Technology Administration, 
                Department of Transportation (Parts 1400--1499) 
                [Reserved]
       XII  Transportation Security Administration, Department of 
                Homeland Security (Parts 1500--1699)

                   Title 50--Wildlife and Fisheries

         I  United States Fish and Wildlife Service, Department of 
                the Interior (Parts 1--199)
        II  National Marine Fisheries Service, National Oceanic 
                and Atmospheric Administration, Department of 
                Commerce (Parts 200--299)
       III  International Fishing and Related Activities (Parts 
                300--399)

[[Page 666]]

        IV  Joint Regulations (United States Fish and Wildlife 
                Service, Department of the Interior and National 
                Marine Fisheries Service, National Oceanic and 
                Atmospheric Administration, Department of 
                Commerce); Endangered Species Committee 
                Regulations (Parts 400--499)
         V  Marine Mammal Commission (Parts 500--599)
        VI  Fishery Conservation and Management, National Oceanic 
                and Atmospheric Administration, Department of 
                Commerce (Parts 600--699)

[[Page 667]]





           Alphabetical List of Agencies Appearing in the CFR




                      (Revised as of July 1, 2021)

                                                  CFR Title, Subtitle or 
                     Agency                               Chapter

Administrative Conference of the United States    1, III
Advisory Council on Historic Preservation         36, VIII
Advocacy and Outreach, Office of                  7, XXV
Afghanistan Reconstruction, Special Inspector     5, LXXXIII
     General for
African Development Foundation                    22, XV
  Federal Acquisition Regulation                  48, 57
Agency for International Development              2, VII; 22, II
  Federal Acquisition Regulation                  48, 7
Agricultural Marketing Service                    7, I, VIII, IX, X, XI; 9, 
                                                  II
Agricultural Research Service                     7, V
Agriculture, Department of                        2, IV; 5, LXXIII
  Advocacy and Outreach, Office of                7, XXV
  Agricultural Marketing Service                  7, I, VIII, IX, X, XI; 9, 
                                                  II
  Agricultural Research Service                   7, V
  Animal and Plant Health Inspection Service      7, III; 9, I
  Chief Financial Officer, Office of              7, XXX
  Commodity Credit Corporation                    7, XIV
  Economic Research Service                       7, XXXVII
  Energy Policy and New Uses, Office of           2, IX; 7, XXIX
  Environmental Quality, Office of                7, XXXI
  Farm Service Agency                             7, VII, XVIII
  Federal Acquisition Regulation                  48, 4
  Federal Crop Insurance Corporation              7, IV
  Food and Nutrition Service                      7, II
  Food Safety and Inspection Service              9, III
  Foreign Agricultural Service                    7, XV
  Forest Service                                  36, II
  Information Resources Management, Office of     7, XXVII
  Inspector General, Office of                    7, XXVI
  National Agricultural Library                   7, XLI
  National Agricultural Statistics Service        7, XXXVI
  National Institute of Food and Agriculture      7, XXXIV
  Natural Resources Conservation Service          7, VI
  Operations, Office of                           7, XXVIII
  Procurement and Property Management, Office of  7, XXXII
  Rural Business-Cooperative Service              7, XVIII, XLII
  Rural Development Administration                7, XLII
  Rural Housing Service                           7, XVIII, XXXV
  Rural Utilities Service                         7, XVII, XVIII, XLII
  Secretary of Agriculture, Office of             7, Subtitle A
  Transportation, Office of                       7, XXXIII
  World Agricultural Outlook Board                7, XXXVIII
Air Force, Department of                          32, VII
  Federal Acquisition Regulation Supplement       48, 53
Air Transportation Stabilization Board            14, VI
Alcohol and Tobacco Tax and Trade Bureau          27, I
Alcohol, Tobacco, Firearms, and Explosives,       27, II
     Bureau of
AMTRAK                                            49, VII
American Battle Monuments Commission              36, IV
American Indians, Office of the Special Trustee   25, VII
Animal and Plant Health Inspection Service        7, III; 9, I
Appalachian Regional Commission                   5, IX
Architectural and Transportation Barriers         36, XI
   Compliance Board
[[Page 668]]

Arctic Research Commission                        45, XXIII
Armed Forces Retirement Home                      5, XI; 38, II
Army, Department of                               32, V
  Engineers, Corps of                             33, II; 36, III
  Federal Acquisition Regulation                  48, 51
Benefits Review Board                             20, VII
Bilingual Education and Minority Languages        34, V
     Affairs, Office of
Blind or Severely Disabled, Committee for         41, 51
     Purchase from People Who Are
  Federal Acquisition Regulation                  48, 19
Career, Technical, and Adult Education, Office    34, IV
     of
Census Bureau                                     15, I
Centers for Medicare & Medicaid Services          42, IV
Central Intelligence Agency                       32, XIX
Chemical Safety and Hazard Investigation Board    40, VI
Chief Financial Officer, Office of                7, XXX
Child Support Enforcement, Office of              45, III
Children and Families, Administration for         45, II, III, IV, X, XIII
Civil Rights, Commission on                       5, LXVIII; 45, VII
Civil Rights, Office for                          34, I
Coast Guard                                       33, I; 46, I; 49, IV
Coast Guard (Great Lakes Pilotage)                46, III
Commerce, Department of                           2, XIII; 44, IV; 50, VI
  Census Bureau                                   15, I
  Economic Affairs, Office of the Under-          15, XV
       Secretary for
  Economic Analysis, Bureau of                    15, VIII
  Economic Development Administration             13, III
  Emergency Management and Assistance             44, IV
  Federal Acquisition Regulation                  48, 13
  Foreign-Trade Zones Board                       15, IV
  Industry and Security, Bureau of                15, VII
  International Trade Administration              15, III; 19, III
  National Institute of Standards and Technology  15, II; 37, IV
  National Marine Fisheries Service               50, II, IV
  National Oceanic and Atmospheric                15, IX; 50, II, III, IV, 
       Administration                             VI
  National Technical Information Service          15, XI
  National Telecommunications and Information     15, XXIII; 47, III, IV
       Administration
  National Weather Service                        15, IX
  Patent and Trademark Office, United States      37, I
  Secretary of Commerce, Office of                15, Subtitle A
Commercial Space Transportation                   14, III
Commodity Credit Corporation                      7, XIV
Commodity Futures Trading Commission              5, XLI; 17, I
Community Planning and Development, Office of     24, V, VI
     Assistant Secretary for
Community Services, Office of                     45, X
Comptroller of the Currency                       12, I
Construction Industry Collective Bargaining       29, IX
     Commission
Consumer Financial Protection Bureau              5, LXXXIV; 12, X
Consumer Product Safety Commission                5, LXXI; 16, II
Copyright Royalty Board                           37, III
Corporation for National and Community Service    2, XXII; 45, XII, XXV
Cost Accounting Standards Board                   48, 99
Council on Environmental Quality                  40, V
Council of the Inspectors General on Integrity    5, XCVIII
     and Efficiency
Court Services and Offender Supervision Agency    5, LXX; 28, VIII
     for the District of Columbia
Customs and Border Protection                     19, I
Defense, Department of                            2, XI; 5, XXVI; 32, 
                                                  Subtitle A; 40, VII
  Advanced Research Projects Agency               32, I
  Air Force Department                            32, VII
  Army Department                                 32, V; 33, II; 36, III; 
                                                  48, 51
  Defense Acquisition Regulations System          48, 2
  Defense Intelligence Agency                     32, I

[[Page 669]]

  Defense Logistics Agency                        32, I, XII; 48, 54
  Engineers, Corps of                             33, II; 36, III
  National Imagery and Mapping Agency             32, I
  Navy, Department of                             32, VI; 48, 52
  Secretary of Defense, Office of                 2, XI; 32, I
Defense Contract Audit Agency                     32, I
Defense Intelligence Agency                       32, I
Defense Logistics Agency                          32, XII; 48, 54
Defense Nuclear Facilities Safety Board           10, XVII
Delaware River Basin Commission                   18, III
Denali Commission                                 45, IX
Disability, National Council on                   5, C; 34, XII
District of Columbia, Court Services and          5, LXX; 28, VIII
     Offender Supervision Agency for the
Drug Enforcement Administration                   21, II
East-West Foreign Trade Board                     15, XIII
Economic Affairs, Office of the Under-Secretary   15, XV
     for
Economic Analysis, Bureau of                      15, VIII
Economic Development Administration               13, III
Economic Research Service                         7, XXXVII
Education, Department of                          2, XXXIV; 5, LIII
  Bilingual Education and Minority Languages      34, V
       Affairs, Office of
  Career, Technical, and Adult Education, Office  34, IV
       of
  Civil Rights, Office for                        34, I
  Educational Research and Improvement, Office    34, VII
       of
  Elementary and Secondary Education, Office of   34, II
  Federal Acquisition Regulation                  48, 34
  Postsecondary Education, Office of              34, VI
  Secretary of Education, Office of               34, Subtitle A
  Special Education and Rehabilitative Services,  34, III
       Office of
Educational Research and Improvement, Office of   34, VII
Election Assistance Commission                    2, LVIII; 11, II
Elementary and Secondary Education, Office of     34, II
Emergency Oil and Gas Guaranteed Loan Board       13, V
Emergency Steel Guarantee Loan Board              13, IV
Employee Benefits Security Administration         29, XXV
Employees' Compensation Appeals Board             20, IV
Employees Loyalty Board                           5, V
Employment and Training Administration            20, V
Employment Policy, National Commission for        1, IV
Employment Standards Administration               20, VI
Endangered Species Committee                      50, IV
Energy, Department of                             2, IX; 5, XXIII; 10, II, 
                                                  III, X
  Federal Acquisition Regulation                  48, 9
  Federal Energy Regulatory Commission            5, XXIV; 18, I
  Property Management Regulations                 41, 109
Energy, Office of                                 7, XXIX
Engineers, Corps of                               33, II; 36, III
Engraving and Printing, Bureau of                 31, VI
Environmental Protection Agency                   2, XV; 5, LIV; 40, I, IV, 
                                                  VII
  Federal Acquisition Regulation                  48, 15
  Property Management Regulations                 41, 115
Environmental Quality, Office of                  7, XXXI
Equal Employment Opportunity Commission           5, LXII; 29, XIV
Equal Opportunity, Office of Assistant Secretary  24, I
     for
Executive Office of the President                 3, I
  Environmental Quality, Council on               40, V
  Management and Budget, Office of                2, Subtitle A; 5, III, 
                                                  LXXVII; 14, VI; 48, 99
  National Drug Control Policy, Office of         2, XXXVI; 21, III
  National Security Council                       32, XXI; 47, II
  Presidential Documents                          3
  Science and Technology Policy, Office of        32, XXIV; 47, II
  Trade Representative, Office of the United      15, XX
     States
[[Page 670]]

Export-Import Bank of the United States           2, XXXV; 5, LII; 12, IV
Family Assistance, Office of                      45, II
Farm Credit Administration                        5, XXXI; 12, VI
Farm Credit System Insurance Corporation          5, XXX; 12, XIV
Farm Service Agency                               7, VII, XVIII
Federal Acquisition Regulation                    48, 1
Federal Aviation Administration                   14, I
  Commercial Space Transportation                 14, III
Federal Claims Collection Standards               31, IX
Federal Communications Commission                 5, XXIX; 47, I
Federal Contract Compliance Programs, Office of   41, 60
Federal Crop Insurance Corporation                7, IV
Federal Deposit Insurance Corporation             5, XXII; 12, III
Federal Election Commission                       5, XXXVII; 11, I
Federal Emergency Management Agency               44, I
Federal Employees Group Life Insurance Federal    48, 21
     Acquisition Regulation
Federal Employees Health Benefits Acquisition     48, 16
     Regulation
Federal Energy Regulatory Commission              5, XXIV; 18, I
Federal Financial Institutions Examination        12, XI
     Council
Federal Financing Bank                            12, VIII
Federal Highway Administration                    23, I, II
Federal Home Loan Mortgage Corporation            1, IV
Federal Housing Enterprise Oversight Office       12, XVII
Federal Housing Finance Agency                    5, LXXX; 12, XII
Federal Labor Relations Authority                 5, XIV, XLIX; 22, XIV
Federal Law Enforcement Training Center           31, VII
Federal Management Regulation                     41, 102
Federal Maritime Commission                       46, IV
Federal Mediation and Conciliation Service        29, XII
Federal Mine Safety and Health Review Commission  5, LXXIV; 29, XXVII
Federal Motor Carrier Safety Administration       49, III
Federal Permitting Improvement Steering Council   40, IX
Federal Prison Industries, Inc.                   28, III
Federal Procurement Policy Office                 48, 99
Federal Property Management Regulations           41, 101
Federal Railroad Administration                   49, II
Federal Register, Administrative Committee of     1, I
Federal Register, Office of                       1, II
Federal Reserve System                            12, II
  Board of Governors                              5, LVIII
Federal Retirement Thrift Investment Board        5, VI, LXXVI
Federal Service Impasses Panel                    5, XIV
Federal Trade Commission                          5, XLVII; 16, I
Federal Transit Administration                    49, VI
Federal Travel Regulation System                  41, Subtitle F
Financial Crimes Enforcement Network              31, X
Financial Research Office                         12, XVI
Financial Stability Oversight Council             12, XIII
Fine Arts, Commission of                          45, XXI
Fiscal Service                                    31, II
Fish and Wildlife Service, United States          50, I, IV
Food and Drug Administration                      21, I
Food and Nutrition Service                        7, II
Food Safety and Inspection Service                9, III
Foreign Agricultural Service                      7, XV
Foreign Assets Control, Office of                 31, V
Foreign Claims Settlement Commission of the       45, V
     United States
Foreign Service Grievance Board                   22, IX
Foreign Service Impasse Disputes Panel            22, XIV
Foreign Service Labor Relations Board             22, XIV
Foreign-Trade Zones Board                         15, IV
Forest Service                                    36, II
General Services Administration                   5, LVII; 41, 105
  Contract Appeals, Board of                      48, 61
  Federal Acquisition Regulation                  48, 5
  Federal Management Regulation                   41, 102

[[Page 671]]

  Federal Property Management Regulations         41, 101
  Federal Travel Regulation System                41, Subtitle F
  General                                         41, 300
  Payment From a Non-Federal Source for Travel    41, 304
       Expenses
  Payment of Expenses Connected With the Death    41, 303
       of Certain Employees
  Relocation Allowances                           41, 302
  Temporary Duty (TDY) Travel Allowances          41, 301
Geological Survey                                 30, IV
Government Accountability Office                  4, I
Government Ethics, Office of                      5, XVI
Government National Mortgage Association          24, III
Grain Inspection, Packers and Stockyards          7, VIII; 9, II
     Administration
Great Lakes St. Lawrence Seaway Development       33, IV
     Corporation
Gulf Coast Ecosystem Restoration Council          2, LIX; 40, VIII
Harry S. Truman Scholarship Foundation            45, XVIII
Health and Human Services, Department of          2, III; 5, XLV; 45, 
                                                  Subtitle A
  Centers for Medicare & Medicaid Services        42, IV
  Child Support Enforcement, Office of            45, III
  Children and Families, Administration for       45, II, III, IV, X, XIII
  Community Services, Office of                   45, X
  Family Assistance, Office of                    45, II
  Federal Acquisition Regulation                  48, 3
  Food and Drug Administration                    21, I
  Indian Health Service                           25, V
  Inspector General (Health Care), Office of      42, V
  Public Health Service                           42, I
  Refugee Resettlement, Office of                 45, IV
Homeland Security, Department of                  2, XXX; 5, XXXVI; 6, I; 8, 
                                                  I
  Coast Guard                                     33, I; 46, I; 49, IV
  Coast Guard (Great Lakes Pilotage)              46, III
  Customs and Border Protection                   19, I
  Federal Emergency Management Agency             44, I
  Human Resources Management and Labor Relations  5, XCVII
       Systems
  Immigration and Customs Enforcement Bureau      19, IV
  Transportation Security Administration          49, XII
HOPE for Homeowners Program, Board of Directors   24, XXIV
     of
Housing, Office of, and Multifamily Housing       24, IV
     Assistance Restructuring, Office of
Housing and Urban Development, Department of      2, XXIV; 5, LXV; 24, 
                                                  Subtitle B
  Community Planning and Development, Office of   24, V, VI
       Assistant Secretary for
  Equal Opportunity, Office of Assistant          24, I
       Secretary for
  Federal Acquisition Regulation                  48, 24
  Federal Housing Enterprise Oversight, Office    12, XVII
       of
  Government National Mortgage Association        24, III
  Housing--Federal Housing Commissioner, Office   24, II, VIII, X, XX
       of Assistant Secretary for
  Housing, Office of, and Multifamily Housing     24, IV
       Assistance Restructuring, Office of
  Inspector General, Office of                    24, XII
  Public and Indian Housing, Office of Assistant  24, IX
       Secretary for
  Secretary, Office of                            24, Subtitle A, VII
Housing--Federal Housing Commissioner, Office of  24, II, VIII, X, XX
     Assistant Secretary for
Housing, Office of, and Multifamily Housing       24, IV
     Assistance Restructuring, Office of
Immigration and Customs Enforcement Bureau        19, IV
Immigration Review, Executive Office for          8, V
Independent Counsel, Office of                    28, VII
Independent Counsel, Offices of                   28, VI
Indian Affairs, Bureau of                         25, I, V
Indian Affairs, Office of the Assistant           25, VI
   Secretary
[[Page 672]]

Indian Arts and Crafts Board                      25, II
Indian Health Service                             25, V
Industry and Security, Bureau of                  15, VII
Information Resources Management, Office of       7, XXVII
Information Security Oversight Office, National   32, XX
     Archives and Records Administration
Inspector General
  Agriculture Department                          7, XXVI
  Health and Human Services Department            42, V
  Housing and Urban Development Department        24, XII, XV
Institute of Peace, United States                 22, XVII
Inter-American Foundation                         5, LXIII; 22, X
Interior, Department of                           2, XIV
  American Indians, Office of the Special         25, VII
       Trustee
  Endangered Species Committee                    50, IV
  Federal Acquisition Regulation                  48, 14
  Federal Property Management Regulations System  41, 114
  Fish and Wildlife Service, United States        50, I, IV
  Geological Survey                               30, IV
  Indian Affairs, Bureau of                       25, I, V
  Indian Affairs, Office of the Assistant         25, VI
       Secretary
  Indian Arts and Crafts Board                    25, II
  Land Management, Bureau of                      43, II
  National Indian Gaming Commission               25, III
  National Park Service                           36, I
  Natural Resource Revenue, Office of             30, XII
  Ocean Energy Management, Bureau of              30, V
  Reclamation, Bureau of                          43, I
  Safety and Environmental Enforcement, Bureau    30, II
       of
  Secretary of the Interior, Office of            2, XIV; 43, Subtitle A
  Surface Mining Reclamation and Enforcement,     30, VII
       Office of
Internal Revenue Service                          26, I
International Boundary and Water Commission,      22, XI
     United States and Mexico, United States 
     Section
International Development, United States Agency   22, II
     for
  Federal Acquisition Regulation                  48, 7
International Development Cooperation Agency,     22, XII
     United States
International Development Finance Corporation,    5, XXXIII; 22, VII
     U.S.
International Joint Commission, United States     22, IV
     and Canada
International Organizations Employees Loyalty     5, V
     Board
International Trade Administration                15, III; 19, III
International Trade Commission, United States     19, II
Interstate Commerce Commission                    5, XL
Investment Security, Office of                    31, VIII
James Madison Memorial Fellowship Foundation      45, XXIV
Japan-United States Friendship Commission         22, XVI
Joint Board for the Enrollment of Actuaries       20, VIII
Justice, Department of                            2, XXVIII; 5, XXVIII; 28, 
                                                  I, XI; 40, IV
  Alcohol, Tobacco, Firearms, and Explosives,     27, II
       Bureau of
  Drug Enforcement Administration                 21, II
  Federal Acquisition Regulation                  48, 28
  Federal Claims Collection Standards             31, IX
  Federal Prison Industries, Inc.                 28, III
  Foreign Claims Settlement Commission of the     45, V
       United States
  Immigration Review, Executive Office for        8, V
  Independent Counsel, Offices of                 28, VI
  Prisons, Bureau of                              28, V
  Property Management Regulations                 41, 128
Labor, Department of                              2, XXIX; 5, XLII
  Benefits Review Board                           20, VII
  Employee Benefits Security Administration       29, XXV
  Employees' Compensation Appeals Board           20, IV
  Employment and Training Administration          20, V
  Federal Acquisition Regulation                  48, 29

[[Page 673]]

  Federal Contract Compliance Programs, Office    41, 60
       of
  Federal Procurement Regulations System          41, 50
  Labor-Management Standards, Office of           29, II, IV
  Mine Safety and Health Administration           30, I
  Occupational Safety and Health Administration   29, XVII
  Public Contracts                                41, 50
  Secretary of Labor, Office of                   29, Subtitle A
  Veterans' Employment and Training Service,      41, 61; 20, IX
       Office of the Assistant Secretary for
  Wage and Hour Division                          29, V
  Workers' Compensation Programs, Office of       20, I, VI
Labor-Management Standards, Office of             29, II, IV
Land Management, Bureau of                        43, II
Legal Services Corporation                        45, XVI
Libraries and Information Science, National       45, XVII
     Commission on
Library of Congress                               36, VII
  Copyright Royalty Board                         37, III
  U.S. Copyright Office                           37, II
Management and Budget, Office of                  5, III, LXXVII; 14, VI; 
                                                  48, 99
Marine Mammal Commission                          50, V
Maritime Administration                           46, II
Merit Systems Protection Board                    5, II, LXIV
Micronesian Status Negotiations, Office for       32, XXVII
Military Compensation and Retirement              5, XCIX
     Modernization Commission
Millennium Challenge Corporation                  22, XIII
Mine Safety and Health Administration             30, I
Minority Business Development Agency              15, XIV
Miscellaneous Agencies                            1, IV
Monetary Offices                                  31, I
Morris K. Udall Scholarship and Excellence in     36, XVI
     National Environmental Policy Foundation
Museum and Library Services, Institute of         2, XXXI
National Aeronautics and Space Administration     2, XVIII; 5, LIX; 14, V
  Federal Acquisition Regulation                  48, 18
National Agricultural Library                     7, XLI
National Agricultural Statistics Service          7, XXXVI
National and Community Service, Corporation for   2, XXII; 45, XII, XXV
National Archives and Records Administration      2, XXVI; 5, LXVI; 36, XII
  Information Security Oversight Office           32, XX
National Capital Planning Commission              1, IV, VI
National Counterintelligence Center               32, XVIII
National Credit Union Administration              5, LXXXVI; 12, VII
National Crime Prevention and Privacy Compact     28, IX
     Council
National Drug Control Policy, Office of           2, XXXVI; 21, III
National Endowment for the Arts                   2, XXXII
National Endowment for the Humanities             2, XXXIII
National Foundation on the Arts and the           45, XI
     Humanities
National Geospatial-Intelligence Agency           32, I
National Highway Traffic Safety Administration    23, II, III; 47, VI; 49, V
National Imagery and Mapping Agency               32, I
National Indian Gaming Commission                 25, III
National Institute of Food and Agriculture        7, XXXIV
National Institute of Standards and Technology    15, II; 37, IV
National Intelligence, Office of Director of      5, IV; 32, XVII
National Labor Relations Board                    5, LXI; 29, I
National Marine Fisheries Service                 50, II, IV
National Mediation Board                          5, CI; 29, X
National Oceanic and Atmospheric Administration   15, IX; 50, II, III, IV, 
                                                  VI
National Park Service                             36, I
National Railroad Adjustment Board                29, III
National Railroad Passenger Corporation (AMTRAK)  49, VII
National Science Foundation                       2, XXV; 5, XLIII; 45, VI
  Federal Acquisition Regulation                  48, 25
National Security Council                         32, XXI; 47, II

[[Page 674]]

National Technical Information Service            15, XI
National Telecommunications and Information       15, XXIII; 47, III, IV, V
     Administration
National Transportation Safety Board              49, VIII
Natural Resource Revenue, Office of               30, XII
Natural Resources Conservation Service            7, VI
Navajo and Hopi Indian Relocation, Office of      25, IV
Navy, Department of                               32, VI
  Federal Acquisition Regulation                  48, 52
Neighborhood Reinvestment Corporation             24, XXV
Northeast Interstate Low-Level Radioactive Waste  10, XVIII
     Commission
Nuclear Regulatory Commission                     2, XX; 5, XLVIII; 10, I
  Federal Acquisition Regulation                  48, 20
Occupational Safety and Health Administration     29, XVII
Occupational Safety and Health Review Commission  29, XX
Ocean Energy Management, Bureau of                30, V
Oklahoma City National Memorial Trust             36, XV
Operations Office                                 7, XXVIII
Patent and Trademark Office, United States        37, I
Payment From a Non-Federal Source for Travel      41, 304
     Expenses
Payment of Expenses Connected With the Death of   41, 303
     Certain Employees
Peace Corps                                       2, XXXVII; 22, III
Pennsylvania Avenue Development Corporation       36, IX
Pension Benefit Guaranty Corporation              29, XL
Personnel Management, Office of                   5, I, IV, XXXV; 45, VIII
  Federal Acquisition Regulation                  48, 17
  Federal Employees Group Life Insurance Federal  48, 21
       Acquisition Regulation
  Federal Employees Health Benefits Acquisition   48, 16
       Regulation
  Human Resources Management and Labor Relations  5, XCVII
       Systems, Department of Homeland Security
Pipeline and Hazardous Materials Safety           49, I
     Administration
Postal Regulatory Commission                      5, XLVI; 39, III
Postal Service, United States                     5, LX; 39, I
Postsecondary Education, Office of                34, VI
President's Commission on White House             1, IV
     Fellowships
Presidential Documents                            3
Presidio Trust                                    36, X
Prisons, Bureau of                                28, V
Privacy and Civil Liberties Oversight Board       6, X
Procurement and Property Management, Office of    7, XXXII
Public and Indian Housing, Office of Assistant    24, IX
     Secretary for
Public Contracts, Department of Labor             41, 50
Public Health Service                             42, I
Railroad Retirement Board                         20, II
Reclamation, Bureau of                            43, I
Refugee Resettlement, Office of                   45, IV
Relocation Allowances                             41, 302
Research and Innovative Technology                49, XI
     Administration
Rural Business-Cooperative Service                7, XVIII, XLII
Rural Development Administration                  7, XLII
Rural Housing Service                             7, XVIII, XXXV
Rural Utilities Service                           7, XVII, XVIII, XLII
Safety and Environmental Enforcement, Bureau of   30, II
Science and Technology Policy, Office of, and     32, XXIV; 47, II
     National Security Council
Secret Service                                    31, IV
Securities and Exchange Commission                5, XXXIV; 17, II
Selective Service System                          32, XVI
Small Business Administration                     2, XXVII; 13, I
Smithsonian Institution                           36, V
Social Security Administration                    2, XXIII; 20, III; 48, 23
Soldiers' and Airmen's Home, United States        5, XI
Special Counsel, Office of                        5, VIII
Special Education and Rehabilitative Services,    34, III
   Office of
[[Page 675]]

State, Department of                              2, VI; 22, I; 28, XI
  Federal Acquisition Regulation                  48, 6
Surface Mining Reclamation and Enforcement,       30, VII
     Office of
Surface Transportation Board                      49, X
Susquehanna River Basin Commission                18, VIII
Tennessee Valley Authority                        5, LXIX; 18, XIII
Trade Representative, United States, Office of    15, XX
Transportation, Department of                     2, XII; 5, L
  Commercial Space Transportation                 14, III
  Emergency Management and Assistance             44, IV
  Federal Acquisition Regulation                  48, 12
  Federal Aviation Administration                 14, I
  Federal Highway Administration                  23, I, II
  Federal Motor Carrier Safety Administration     49, III
  Federal Railroad Administration                 49, II
  Federal Transit Administration                  49, VI
  Great Lakes St. Lawrence Seaway Development     33, IV
       Corporation
  Maritime Administration                         46, II
  National Highway Traffic Safety Administration  23, II, III; 47, IV; 49, V
  Pipeline and Hazardous Materials Safety         49, I
       Administration
  Secretary of Transportation, Office of          14, II; 49, Subtitle A
  Transportation Statistics Bureau                49, XI
Transportation, Office of                         7, XXXIII
Transportation Security Administration            49, XII
Transportation Statistics Bureau                  49, XI
Travel Allowances, Temporary Duty (TDY)           41, 301
Treasury, Department of the                       2, X; 5, XXI; 12, XV; 17, 
                                                  IV; 31, IX
  Alcohol and Tobacco Tax and Trade Bureau        27, I
  Community Development Financial Institutions    12, XVIII
       Fund
  Comptroller of the Currency                     12, I
  Customs and Border Protection                   19, I
  Engraving and Printing, Bureau of               31, VI
  Federal Acquisition Regulation                  48, 10
  Federal Claims Collection Standards             31, IX
  Federal Law Enforcement Training Center         31, VII
  Financial Crimes Enforcement Network            31, X
  Fiscal Service                                  31, II
  Foreign Assets Control, Office of               31, V
  Internal Revenue Service                        26, I
  Investment Security, Office of                  31, VIII
  Monetary Offices                                31, I
  Secret Service                                  31, IV
  Secretary of the Treasury, Office of            31, Subtitle A
Truman, Harry S. Scholarship Foundation           45, XVIII
United States Agency for Global Media             22, V
United States and Canada, International Joint     22, IV
     Commission
United States and Mexico, International Boundary  22, XI
     and Water Commission, United States Section
U.S. Copyright Office                             37, II
U.S. Office of Special Counsel                    5, CII
Utah Reclamation Mitigation and Conservation      43, III
     Commission
Veterans Affairs, Department of                   2, VIII; 38, I
  Federal Acquisition Regulation                  48, 8
Veterans' Employment and Training Service,        41, 61; 20, IX
     Office of the Assistant Secretary for
Vice President of the United States, Office of    32, XXVIII
Wage and Hour Division                            29, V
Water Resources Council                           18, VI
Workers' Compensation Programs, Office of         20, I, VII
World Agricultural Outlook Board                  7, XXXVIII

[[Page 677]]



List of CFR Sections Affected



All changes in this volume of the Code of Federal Regulations (CFR) that 
were made by documents published in the Federal Register since January 
1, 2016 are enumerated in the following list. Entries indicate the 
nature of the changes effected. Page numbers refer to Federal Register 
pages. The user should consult the entries for chapters, parts and 
subparts as well as sections for revisions.
For changes to this volume of the CFR prior to this listing, consult the 
annual edition of the monthly List of CFR Sections Affected (LSA). The 
LSA is available at www.govinfo.gov. For changes to this volume of the 
CFR prior to 2001, see the ``List of CFR Sections Affected, 1949-1963, 
1964-1972, 1973-1985, and 1986-2000'' published in 11 separate volumes. 
The ``List of CFR Sections Affected 1986-2000'' is available at 
www.govinfo.gov.

                                  2016

40 CFR
                                                                   81 FR
                                                                    Page
Chapter I
60 Actions on petitions..............................52346, 52778, 72729
    Regulation at 81 FR 31520 withdrawn in part....................52348
60.8 (f) revised...................................................59809
60.13 (h)(2)(viii) amended; CFR correction.........................42542
60.17 (g)(14), (h)(19), (75), (137), (167), (184), (193), (196) 
        and (199) revised; (j)(2) added; eff. 8-2-16...............35895
    (h)(185) through (206) redesignated as (h)(186) through (207); 
new (h)(185) added.................................................59313
    (h)(185) amended...............................................59368
    (h)(180) revised; (h)(200) through (206) redesignated as 
(h)(202) through (208); (h)(190) through (199) redesignated as 
(h)(191) through new (200); new (h)(190) and (201) added...........59809
60.30f--60.41f (Subpart Cf) Added..................................59313
60.48Da (f) revised................................................20180
60.102a (f)(1)(i) amended..........................................45240
60.332 (a)(4) table amended; CFR correction........................42542

                                  2017

40 CFR
                                                                   82 FR
                                                                    Page
Chapter I
60 State authority delegations.....................................48202
60.4 (d)(1) table and (4) table revised; eff. 7-10-17..............21929
    (b)(A) through (EEE) redesignated as (b)(1) through (57); 
(b)(19), (35), and (44) revised....................................32646
60.30f--60.41f (Subpart Cf) Stayed to 8-29-17......................24879
    (h)(191) through (202), (204), (205) and (207) redesignated as 
(h)(192) through (201), (204), (205), (207), (208) and (209); 
(h)(191) and (202) added...........................................28562

                                  2018

40 CFR
                                                                   83 FR
                                                                    Page
Chapter I
60 State authority delegations.....................................25382
60.4 (b)(33) introductory text and (e)(1) revised..................15968
60.4 Regulation at 83 FR 15968 withdrawn...........................25936
60.4 (b)(33) and (e)(1) revised....................................46111
60.17 (h)(177) revised.............................................56720
60.17 (g)(14) revised..............................................60713
60.105a (b)(2)(ii) revised.........................................60713
60.106a (a)(1)(iii) revised........................................60713

[[Page 678]]

                                  2019

40 CFR
                                                                   84 FR
                                                                    Page
Chapter I
60 State authority delegations......................................3985
60 Notification....................................................47882
60.4 (b)(36) revised................................................3111
60.4 Regulation at 84 FR 3111 eff. date delayed to 4-30-19..........8260
60.4 (a) amended; (b)(8), (21), (23), (31), (41), and (47) revised
                                                                   34068
60.4 (a) amended...................................................44229
60.17 (g)(14) and (h)(190) amended.................................15852
60.20a--60.29a (Subpart Ba) Added..................................32575
60.30f (a) and (b) revised.........................................44555

                                  2020

40 CFR
                                                                   85 FR
                                                                    Page
Chapter I
60 State authority delegations......................................5574
60.4 (d)(1) Table 3 and (4) Table 12 amended........................8753
60.4 (e)(3) revised................................................57743
60.17 Nomenclature change; (a) amended; (e)(2), (h)(95) through 
        (173), (174) through (191), (192) through (209), (k)(1) 
        through (3) redesignated as (e)(3), (h)(96) through (174), 
        (176) through (193), (h)(195) through (212), new (k)(3), 
        (5), and (6); new (e)(2), new (h)(95), new (175), new 
        (194), (j)(3), (4), (k)(1), (2), (4), and (l)(2) added; 
        (k) introductory text and new (5) revised..................63402
60.34f Introductory text revised...................................17259
60.36f Introductory text and (a)(3)(ii) revised....................17259
60.37f Introductory text revised...................................17260
60.38f (h) introductory, (7), and (k) introductory text revised; 
        (n) added..................................................17260
60.39f (e) introductory text revised; (e)(6) added.................17260
60.281a Amended....................................................70492
60.284a (b)(2)(iii), (c)(3)(i), (4), and (d)(4)(ii) revised........70492
60.285a (b)(1) and (d)(1) revised..................................70493
60.287a (b)(4)(i) revised..........................................70493

                                  2021

   (Regulations published from January 1, 2021, through July 1, 2021)

40 CFR
                                                                   86 FR
                                                                    Page
60 Notification.....................................................2542
60.110b (e)(5) added................................................5019
60.115b (a)(4) and (b) introductory text revised....................5019


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