[Federal Register Volume 87, Number 193 (Thursday, October 6, 2022)]
[Rules and Regulations]
[Pages 60816-60865]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-19612]



[[Page 60815]]

Vol. 87

Thursday,

No. 193

October 6, 2022

Part II





Environmental Protection Agency





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40 CFR Part 63





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

  Federal Register / Vol. 87, No. 193 / Thursday, October 6, 2022 / 
Rules and Regulations  

[[Page 60816]]


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ENVIRONMENTAL PROTECTION AGENCY

 40 CFR Part 63

[EPA-HQ-OAR-2002-0058; FRL-6312-02-OAR]
RIN 2060-AU20


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This action finalizes amendments to the national emission 
standards for hazardous air pollutants (NESHAP) at major sources from 
new and existing industrial, commercial, and institutional (ICI) 
boilers and process heaters. Certain aspects of these standards were 
challenged and subsequently remanded to the Agency by the United States 
Court of Appeals for the District of Columbia Circuit (D.C. Circuit). 
This action finalizes amendments to several numeric emission limits for 
new and existing boilers and process heaters consistent with the 
court's opinion and sets compliance dates for these new emission 
limits. This action also provides further explanation of one aspect of 
the Agency's use of carbon monoxide (CO) as a surrogate for organic 
hazardous air pollutants (HAP) and its use of a CO threshold to 
represent the application of the maximum achievable control technology 
(MACT) for organic HAP. We are also finalizing several technical 
clarifications and corrections.

DATES: This final rule is effective on December 5, 2022. The 
incorporation by reference (IBR) of certain material listed in the rule 
is approved by the Director of the Federal Register as of October 6, 
2022. The incorporation by reference of this material was previously 
approved by the Director of the Federal Register as of May 20, 2011.

FOR FURTHER INFORMATION CONTACT: For questions about this final action, 
contact Lisa Thompson, Sector Policies and Programs Division (D243-01), 
Office of Air Quality Planning and Standards, U.S. Environmental 
Protection Agency, Research Triangle Park, North Carolina 27711; 
telephone number: (919) 541-9775; and email address: 
[email protected] or Nick Hutson, Sector Policies and Programs 
Division (D243-01), Office of Air Quality Planning and Standards, U.S. 
Environmental Protection Agency, Research Triangle Park, North Carolina 
27711; telephone number: (919) 541-2968; and email address: 
[email protected].

SUPPLEMENTARY INFORMATION: 
    Docket. The EPA has established a docket for this rulemaking under 
Docket ID No. EPA-HQ-OAR-2002-0058. All documents in the docket are 
listed on the https://www.regulations.gov/ website. Although listed, 
some information is not publicly available, e.g., Confidential Business 
Information or other information whose disclosure is restricted by 
statute. Certain other material, such as copyrighted material, is not 
placed on the internet and will be publicly available only in hard copy 
form. Publicly available docket materials are available electronically 
through https://www.regulations.gov/. Out of an abundance of caution 
for members of the public and our staff, the EPA Docket Center and 
Reading Room are closed to the public, with limited exceptions, to 
reduce the risk of transmitting COVID-19. Our Docket Center staff will 
continue to provide remote customer service via email, phone, and 
webform.
    Organization of this document. The information in this preamble is 
organized as follows:

I. General Information
    A. Executive Summary
    B. Does this action apply to me?
    C. Where can I get a copy of this document and other related 
information?
    D. Judicial Review and Administrative Reconsideration
II. Background
III. Summary of Final Action and Significant Changes Since Proposal
    A. Revisions to MACT Floor Emission Limits
    B. Beyond-the-Floor Emission Limits
    C. Revisions to Output-Based Emission Limits
    D. CO as a Surrogate for Organic HAP
    E. CO 130 PPM Threshold Emission Limits
    F. New Source Definition
    G. Approval for CO2 in Lieu of O2 
Monitoring for CO CEMS Compliance Calculations
IV. Results and Final Decisions
    A. What are the resulting changes to emission limits?
    B. What compliance dates are we finalizing?
    C. What other actions are we finalizing?
V. Summary of Cost, Environmental, and Economic Impacts
    A. What are the affected sources?
    B. What are the air quality impacts?
    C. What are the cost impacts?
    D. What are the secondary impacts?
    E. What are the economic impacts?
    F. What are the benefits?
    G. What analysis of environmental justice did we conduct?
VI. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review and 
Executive Order 13563: Improving Regulation and Regulatory Review
    B. Paperwork Reduction Act (PRA)
    C. Regulatory Flexibility Act (RFA)
    D. Unfunded Mandates Reform Act (UMRA)
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination With 
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children From 
Environmental Health Risks and Safety Risks
    H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act (NTTAA)
    J. Executive Order 12898: Federal Actions To Address 
Environmental Justice in Minority Populations and Low-Income 
Populations
    K. Congressional Review Act (CRA)

I. General Information

A. Executive Summary

1. Purpose of the Regulatory Action
a. Need for Regulatory Action
    The NESHAP for Industrial, Commercial, and Institutional Boilers 
(ICI) and Process Heaters was promulgated on March 21, 2011 and amended 
on January 31, 2013 and again on November 20, 2015. Environmental 
groups and industry submitted petitions seeking judicial review of the 
2013 NESHAP. On July 29, 2016, the D.C. Circuit remanded for further 
explanation the use of CO as a surrogate for organic HAP due to the 
EPA's failure to address a public comment received and vacated certain 
emission standards where it held that the EPA had improperly excluded 
certain units in establishing the emission standards. U.S. Sugar Corp. 
v. EPA, 830 F.3d 579, 631. On December 23, 2016, the D.C. Circuit 
amended its July 29, 2016 decision to remand those emission standards 
instead of vacating them. 844 F.3d 268. In March 2018, the court, in a 
separate challenge to the 2015 amended NESHAP, remanded for further 
explanation the EPA's decision to set a limit of 130 parts per million 
(ppm) CO as a minimum standard for certain subcategories of boilers and 
process heaters. Sierra Club v. EPA, 884 F.3d 1185.
    In response to these remands, the EPA is finalizing revisions to 
several emission standards consistent with the court's opinion and 
providing further explanation of the two issues remanded for that 
purpose.

[[Page 60817]]

b. Legal Authority
    The statutory authority for this final action is section 112 of the 
Clean Air Act (CAA). Section 112(d)(2) of the CAA directs the EPA to 
develop NESHAP which require existing and new major sources to control 
emissions of HAP using MACT based standards. This NESHAP applies to all 
ICI boilers and process heaters located at major sources of HAP 
emissions.\1\
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    \1\ See 75 FR 32016 and Sec.  63.7575 ``What definitions apply 
to this subpart'' of 40 CFR part 63, subpart DDDDD, for definitions 
of ICI boilers and process heaters.
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2. Summary of the Major Provisions of the Regulatory Action in Question
    The EPA is finalizing revisions to 34 different emission limits 
which it had previously promulgated in 2011 and amended in 2013. Of 
these 34 emission limits, 28 of the limits are more stringent and six 
of the limits are less stringent than the previously promulgated 
emission limits. The EPA is also finalizing a deadline of 3 years after 
the effective date of the final rule for sources to demonstrate 
compliance with these revised emission limits. A list of each 
combination of subcategory and pollutant with revised limits is shown 
in Table 1.

     Table 1--Summary of Subcategories With Revised Emission Limits
------------------------------------------------------------------------
               Subcategory                           Pollutant
------------------------------------------------------------------------
New-Solid................................  HCl.
New-Dry Biomass Stoker...................  TSM.*
New-Biomass Fluidized Bed................  CO, PM, TSM.
New-Biomass Suspension Burner............  CO, TSM.*
New-Biomass Hybrid Suspension Grate......  CO.
New-Biomass Dutch Oven/Pile Burner.......  PM.
New-Biomass Fuel Cell....................  PM.
New-Wet Biomass Stoker...................  CO, PM.
New-Liquid...............................  HCl.
New-Heavy Liquid.........................  PM, TSM.
New-Process Gas..........................  PM.*
Existing-Solid...........................  HCl, Hg.
Existing-Coal............................  PM.
Existing-Coal Stoker.....................  CO.
Existing-Dry Biomass Stoker..............  TSM.*
Existing-Wet Biomass Stoker..............  CO, PM, TSM.
Existing-Biomass Fluidized Bed...........  CO, PM, TSM.
Existing-Biomass Suspension Burners......  PM, TSM.*
Existing-Biomass Dutch Oven/Pile Burner..  PM.
Existing-Liquid..........................  Hg.
Existing-Heavy Liquid....................  PM.
Existing-Non-continental Liquid..........  PM.
Existing-Process Gas.....................  PM.*
------------------------------------------------------------------------
* Indicates a less stringent limit compared to the previously
  promulgated emission limits.

3. Costs and Benefits
    We have estimated certain costs and benefits of the final rule, and 
these are found in Table 2. All of these estimates are in 2016 dollars 
(2016$). The monetized benefits estimate reflects an annual average of 
446 tons of fine particulate matter (PM2.5) emission 
reductions per year and 1,141 tons of sulfur dioxide (SO2) 
emission reductions per year, both pollutants not directly regulated by 
this final rule. The unmonetized benefits include reduced exposure to 
directly regulated HAP, including mercury (Hg), hydrochloric acid 
(HCl), non-Hg metals (e.g., antimony, cadmium), formaldehyde, benzene, 
and polycyclic organic matter; reduced climate effects due to reduced 
black carbon emissions; reduced ecosystem effects; and reduced 
visibility impairments. These estimates also include climate 
disbenefits resulting from an increase in carbon dioxide 
(CO2) emissions, a secondary impact from electricity use by 
additional control devices in response to the final amendments.
    Table 2 presents estimates of the present values (PV) and 
equivalent annualized values (EAV), calculated using discount rates of 
3 and 7 percent as directed by OMB's Circular A-4, of the health 
benefits, climate disbenefits, compliance costs, and net benefits of 
the final rule, in 2016 dollars, discounted to 2020. The estimated net 
benefits are the estimated benefits minus the estimated disbenefits and 
the estimated costs of the final rule.

 Table 2--Estimated Health Benefits, Climate Disbenefits, Compliance Costs, and Net Benefits of the Final Rule,
                                                2022 Through 2029
                                    [Millions 2016$, discounted to 2020] \a\
----------------------------------------------------------------------------------------------------------------
                                                  3% Discount rate                     7% Discount rate
----------------------------------------------------------------------------------------------------------------
Present Value:
    Health Benefits \b\...............  $500 and $505......................  $350 and $353.
    Climate Disbenefits \b\...........  $7.................................  $7.
    Compliance Costs \c\..............  $315...............................  $265.
    Net Benefits \d\..................  $178 and $182 + B..................  $80 and $83 + B.
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Equivalent Annualized Value:
    Health Benefits...................  $71 and $72........................  $58 and $59.
    Climate Disbenefits...............  $1.................................  $1.
    Compliance Costs..................  $45................................  $44.
    Net Benefits......................  $25 and $26 + C....................  $13 and $14 + C.
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\a\ Numbers may not sum due to independent rounding.
\b\ The health benefits are associated with several point estimates and are presented at real discount rates of
  3 and 7 percent. The health benefits are a result of the PM2.5 and SO2 emission reductions estimated for this
  final rule, and are associated with several point estimates and are presented at real discount rates of 3 and
  7 percent. The two benefits estimates are separated by the word ``and'' to signify that they are two separate
  estimates. The estimates do not represent lower- and upper-bound estimates and should not be summed. Data,
  resource, and methodological limitations prevented the EPA from monetizing the human health benefits from
  reduced exposure to mercury, HCl, and other HAP whose emissions are directly regulated by this final rule. The
  EPA provides a qualitative discussion of mercury, HCl, and other HAP benefits in the RIA. In addition, the
  potential benefits from reduced ecosystem effects and reduced visibility impairment from the reduction in
  emissions of non-HAP pollutants such as PM2.5 and SO2 are also not monetized here. Climate disbenefits are
  based on changes (increases) in CO2 emissions and are calculated using four different estimates of the social
  cost of carbon (SC-CO2) (model average at 2.5 percent, 3 percent, and 5 percent discount rates; 95th
  percentile at 3 percent discount rate). For the presentational purposes of this table, we show the climate
  disbenefits associated with the average SC-CO2 at a 3 percent discount rate, but the Agency does not have a
  single central SC-CO2 point estimate. We emphasize the importance and value of considering the disbenefits
  calculated using all four SC-CO2 estimates; the additional disbenefit estimates are presented in section V of
  this preamble. As discussed in Chapter 4 of the Regulatory Impact Analysis (RIA) for this final rule, a
  consideration of climate disbenefits calculated using discount rates below 3 percent, including 2 percent and
  lower, are also warranted when discounting intergenerational impacts.

[[Page 60818]]

 
\c\ To estimate these annualized costs, the EPA uses a conventional and widely accepted approach, the equivalent
  uniform annual cost (EUAC) approach, that applies a capital recovery factor (CRF) multiplier to capital
  investments and adds that to the annual incremental operating expenses. Annual costs were calculated using a
  5.5% nominal interest rate consistent with the rate used for the cost analysis done for the proposed rule.
\d\ The letter ``B'' captures the portion of the present value of net benefits due to the unmonetized benefits
  from the emission reductions of directly regulated HAP and all other emission changes resulting from this
  final rule. The letter ``C'' captures the portion of the equivalent annualized value of net benefits due to
  the unmonetized benefits from the emission reductions of directly regulated HAP and all other emission changes
  resulting from this final rule. The benefits from emission reductions of directly regulated HAP under this
  final rule are not monetized due to lack of appropriate valuation estimates. More information on the
  unmonetized benefits from HAP and non-HAP emission reductions can be found in Chapter 4 of the RIA.

    As shown in Table 2, the PV of the health benefits of this final 
rule, discounted at a 3-percent discount rate, is estimated to be about 
$500 million and $505 million, with an EAV of about $71 million and $72 
million. At a 7-percent discount rate, the PV of the health benefits is 
estimated to be $350 million and $353 million, with an EAV of about $58 
million and $59 million. The two health benefits estimates for each 
discount rate reflect alternative PM2.5 mortality risk 
estimates. The PV of the climate disbenefits of this final rule, 
discounted at a 3-percent rate, is estimated to be about $7 million, 
with an EAV of about $1 million. The PV of the compliance costs, 
discounted at a 3-percent rate, is estimated to be about $315 million, 
with an EAV of about $45 million. At a 7-percent discount rate, the PV 
of the compliance costs is estimated to be about $265 million, with an 
EAV of about $44 million.
    More information on these impacts can be found in section V of this 
preamble and in the Regulatory Impact Analysis (RIA) for this final 
rule.

B. Does this action apply to me?

    Table 3 lists the NESHAP and associated regulated industrial source 
categories that are the subject of this action. Table 3 is not intended 
to be exhaustive, but rather provides a guide for readers regarding the 
entities that this action affects. The final standards will be directly 
applicable to the affected sources. As defined in the Initial List of 
Categories of Sources Under Section 112(c)(1) of the Clean Air Act 
Amendments of 1990 (see 57 FR 31576, July 16, 1992) and Documentation 
for Developing the Initial Source Category List, Final Report (see EPA-
450/3-91-030, July 1992), the Industrial/Commercial Boiler source 
category includes boilers used in manufacturing, processing, mining, 
and refining or any other industry to provide steam, hot water, and/or 
electricity. The Institutional/Commercial Boilers source category 
includes, but is not limited to, boilers used in commercial 
establishments, medical centers, research centers, institutions of 
higher education, hotels, and laundries to provide electricity, steam, 
and/or hot water. Waste heat boilers are excluded from this definition. 
The Process Heaters source category includes, but is not limited to, 
secondary metals process heaters, and petroleum and chemical industry 
process heaters. A process heater is defined as an enclosed device 
using controlled flame, and the unit's primary purpose is to transfer 
heat indirectly to a process material (liquid, gas, or solid) or to a 
heat transfer material (e.g., glycol or a mixture of glycol and water) 
for use in a process unit, instead of generating steam. Process heaters 
do not include units used for comfort heat or space heat, food 
preparation for on-site consumption, or autoclaves. Waste heat process 
heaters are excluded from this definition. A boiler or process heater 
combusting solid waste is not a boiler unless the device is exempt from 
the definition of a solid waste incineration unit as provided in 
section 129(g)(1) of the CAA.

                            Table 3--Source Categories Affected by This Final Action
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                                                                                       Examples of regulated
            Source category                       NESHAP           NAICS code \1\             entities
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Any industry using a boiler or process  Industrial, Commercial,               211  Extractors of crude petroleum
 heater as defined in the final rule.    and Institutional                    321   and natural gas.
                                         Boilers and Process                  322  Manufacturers of lumber and
                                         Heaters.                                   wood products.
                                                                                   Pulp and paper mills.
                                                                              325  Chemical manufacturers.
                                                                              324  Petroleum refineries, and
                                                                                    manufacturers of coal
                                                                                    products.
                                                                    316, 326, 339  Manufacturers of rubber and
                                                                                    miscellaneous plastic
                                                                                    products.
                                                                              331  Steel works, blast furnaces.
                                                                              332  Electroplating, plating,
                                                                                    polishing, anodizing, and
                                                                                    coloring.
                                                                              336  Manufacturers of motor
                                                                                    vehicle parts and
                                                                                    accessories.
                                                                              221  Electric, gas, and sanitary
                                                                                    services.
                                                                              622  Health services.
                                                                              611  Educational services.
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\1\ North American Industry Classification System.

C. Where can I get a copy of this document and other related 
information?

    In addition to being available in the docket, an electronic copy of 
this action is available on the internet. Following signature by the 
EPA Administrator, the EPA will post a copy of this final action at 
https://www.epa.gov/stationary-sources-air-pollution/industrial-commercial-and-institutional-boilers-and-process-heaters. Following 
publication in the Federal Register, the EPA will post the Federal 
Register version of the action and key technical documents at this same 
website.
    A redline version of the regulatory language that incorporates the 
finalized changes in this action is available in the docket for this 
action (Docket ID No. EPA-HQ-OAR-2002-0058).

D. Judicial Review and Administrative Reconsideration

    Under CAA section 307(b)(1), judicial review of this final action 
is available only by filing a petition for review in the United States 
Court of Appeals for the District of Columbia Circuit by December 5, 
2022. Under CAA section 307(b)(2), the requirements established by this 
final rule may not be challenged separately in any civil or criminal

[[Page 60819]]

proceedings brought by the EPA to enforce the requirements.
    Section 307(d)(7)(B) of the CAA further provides that only an 
objection to a rule or procedure which was raised with reasonable 
specificity during the period for public comment (including any public 
hearing) may be raised during judicial review. This section also 
provides a mechanism for the EPA to reconsider the rule if the person 
raising an objection can demonstrate to the Administrator that it was 
impracticable to raise such objection within the period for public 
comment or if the grounds for such objection arose after the period for 
public comment (but within the time specified for judicial review) and 
if such objection is of central relevance to the outcome of the rule. 
Any person seeking to make such a demonstration should submit a 
Petition for Reconsideration to the Office of the Administrator, U.S. 
EPA, Room 3000, WJC South Building, 1200 Pennsylvania Ave. NW, 
Washington, DC 20460, with a copy to both the person(s) listed in the 
preceding FOR FURTHER INFORMATION CONTACT section, and the Associate 
General Counsel for the Air and Radiation Law Office, Office of General 
Counsel (Mail Code 2344A), U.S. EPA, 1200 Pennsylvania Ave. NW, 
Washington, DC 20460.

II. Background

    On March 21, 2011, the EPA established final emission standards for 
ICI boilers and process heaters at major sources, reflecting the 
application of the maximum achievable control technology (MACT) (76 FR 
15608). On January 31, 2013, the EPA promulgated final amendments (78 
FR 7138), which were challenged by industry and environmental 
petitioners. On November 20, 2015, the EPA promulgated additional 
amendments (80 FR 72789) in response to certain reconsideration issues.
    On July 29, 2016, the D.C. Circuit issued its decision in U.S. 
Sugar Corp v. EPA. In that decision, the court upheld the EPA's 2013 
final rule against all challenges brought by industry petitioners, and 
virtually all challenges brought by environmental petitioners. However, 
the court vacated the MACT floor emission limits for those 
subcategories where the EPA had excluded certain units from its MACT-
floor calculation because those units burned less than 90 percent of 
the subcategory defining fuel. U.S. Sugar Corp. v. EPA, 830 F.3d at 
631. As the court explained, ``[a]lthough the EPA allowed sources that 
combust only 10 per cent of a subcategory defining fuel to join that 
subcategory, it declined to consider emissions from any source that 
burned less than 90 per cent of the subcategory-defining fuel when 
determining the average emissions level of the best performing sources 
in setting MACT floors for existing sources. And when it set a 
subcategory's MACT floors for new sources, the Agency declined to 
consider the emissions levels from any source that did not burn 100 per 
cent of the fuel.'' Id. Because of this, ``several sources excluded 
from the MACT floor determination were among the best performing 
sources (or, in some cases, the single best performing source) in that 
fuel-based subcategory.'' Id. The court concluded that because the 
Clean Air Act requires the EPA to ``set the MACT floor at the level 
achieved by the best performing source, or the average of the best 
performing sources, in a subcategory,'' when ``the EPA includes a 
source in a subcategory, it must take into account that source's 
emissions levels in setting the MACT floor,'' no matter what percentage 
of subcategory-defining fuel that source burns. The D.C. Circuit 
therefore ``vacate[d] the MACT standards for all major boiler 
subcategories that would have been affected had the EPA considered all 
sources included in the subcategories.'' Id. at 632.
    The D.C. Circuit subsequently granted EPA's motion for rehearing on 
remedy, withdrew its vacatur, and instead remanded for the EPA ``to 
identify those standards for which the MACT floor would have differed 
if the EPA had included all best-performing sources in each subcategory 
in its MACT-floor analysis'' and to ``revise those standards consistent 
with our July 29, 2016 opinion in this case.'' 844 F.3d at 270. 
Therefore, these standards have remained in effect since the court's 
decision.
    The court in U.S. Sugar also remanded the use of CO as a surrogate 
for non-dioxin organic HAP to the EPA for the limited purpose of 
addressing public comments on the potential availability of post-
combustion control technologies that could control CO. Id. at 628-30. 
As the D.C. Circuit explained, ``the EPA used carbon monoxide (CO) as a 
surrogate for several non-dioxin/furan organic HAPs when the Agency set 
the MACT floors for major boilers. In support of this approach, the EPA 
found that both CO and these HAPs were the products of `incomplete 
combustion.' The Agency concluded as a result that CO was a reasonable 
surrogate because: (1) minimizing CO emissions would minimize these 
HAPs; (2) methods used for the control of these HAP emissions would be 
the same methods used to control CO emissions (i.e., good combustion or 
using an oxidation catalyst); (3) standards limiting CO emissions would 
result in decreases in these HAP emissions; and (4) establishing 
emission limits for individual organic HAPs would be impractical and 
costly.'' Id. at 628 (citing 2010 Proposed Major Boilers Rule, 75 FR 
32018). The environmental petitioners argued ``that the EPA has not 
adequately explained how setting emission standards for CO will . . . 
set emission standards for organic HAPs at the average level achieved 
by the best performers with regard to those HAPs.'' Id. The D.C. 
Circuit agreed, concluding that ``during notice and comment, the EPA 
failed to directly consider and respond to several comments that 
introduced evidence suggesting that other control technologies and 
methods could be effectively used to reduce HAP emissions without also 
impacting CO emissions, or vice versa.'' Id. at 629.
    In a subsequent decision on March 16, 2018, the D.C. Circuit 
remanded the EPA's decision to set a limit of 130 ppm CO as a surrogate 
for non-dioxin organic HAP for certain subcategories, asking the Agency 
to better explain its analysis supporting its decision. Sierra Club v. 
EPA, 884 F.3d 1185. As the D.C. Circuit explained, in promulgating 
``regulations that indirectly control a group of organic pollutants by 
limiting carbon monoxide emissions as a proxy for the targeted 
pollutants,'' and ``[a]fter calculating emissions limits for the 
organic pollutants by reference to the amount of carbon monoxide 
emitted by the best performing boilers in each subcategory, EPA 
concluded that the lowest of the carbon monoxide limits were too low, 
so it substituted a single, higher limit that it deemed sufficient to 
control the pollutants.'' Id. at 1189. The D.C. Circuit concluded that 
the ``EPA did not adequately justify its change of direction on the 
carbon monoxide limits because it failed to explain how the revised 
limits would minimize the targeted pollutants to the extent the Clean 
Air Act requires.'' Id. On August 24, 2020, the EPA published a notice 
of proposed rulemaking (NPRM) to address these issues remanded by the 
D.C. Circuit, and to make several technical clarifications and 
corrections (85 FR 52198). Section 112 of the CAA establishes a 
regulatory process to address emissions of hazardous air pollutants 
(HAP) from stationary sources. CAA section 112(d) requires the Agency 
to promulgate technology-based national emission standards for 
hazardous air pollutants (NESHAP) for major sources. ``Major sources'' 
are

[[Page 60820]]

defined in CAA section 112(a) as sources that emit or have the 
potential to emit 10 tons or more per year (tpy) of a single HAP or 25 
tpy or more of any combination of HAP. For major sources, the 
technology-based NESHAP must require the maximum degree of reduction in 
emissions of HAP achievable (after considering cost, energy 
requirements, and non-air quality health and environmental impacts). 
These standards are commonly referred to as MACT standards.
    The MACT ``floor'' is the minimum control level allowed for MACT 
standards promulgated under CAA section 112(d)(3) and may not be based 
on cost considerations. For new sources, the MACT floor cannot be less 
stringent than the emissions control that is achieved in practice by 
the best controlled similar source. The MACT floor for existing sources 
may be less stringent than floors for new sources but may not be less 
stringent than the average emissions limitation achieved by the best-
performing 12 percent of existing sources in the category or 
subcategory (or the best-performing five sources for categories or 
subcategories with fewer than 30 sources). In developing MACT 
standards, the EPA must also consider control options that are more 
stringent than the floor (i.e., ``beyond-the-floor'' options) under CAA 
section 112(d)(2). The EPA may establish beyond-the-floor standards 
more stringent than the floor based on considerations of the cost of 
achieving the emission reductions, any non-air quality health and 
environmental impacts, and energy requirements.

III. Summary of Final Action and Significant Changes Since Proposal

    In this action, we are finalizing amendments to certain emission 
limits for new and existing boilers and process heaters. Most of these 
changes are identical to the emission limits that were proposed. As 
discussed further below at sections III.A.3 (HCl) and III.A.4 (PM), 
three of the emission limits have been revised since proposal following 
consideration of public comments received--New-Solid (HCl), New-Liquid 
(HCl), and Existing-Biomass Fluidized Bed (PM). We are also providing 
additional explanation to support the use of CO as a surrogate for 
organic HAP and to set a minimum CO emission limit of 130 ppm. In 
addition, we are finalizing approval of an alternative monitoring 
provision allowing for use of CO2 as a diluent in lieu of 
O2 when a continuous emission monitoring system (CEMS) is 
used to comply with an emission limit. We are also finalizing a small 
number of technical corrections based on our proposed action and our 
consideration of public comments received.

A. Revisions to MACT Floor Emission Limits

    On July 29, 2016, the D.C. Circuit issued its decision in U.S. 
Sugar Corp v. EPA. In that decision, the court vacated those MACT 
limits where it held that the EPA had improperly excluded certain units 
in establishing the emission standards. Specifically, the court vacated 
all MACT limits where the EPA had included certain units in a 
subcategory but excluded those same units from its assessment of the 
subcategory's best performing sources. On December 23, 2016, the D.C. 
Circuit amended its July 29, 2016 decision, remanding those limits 
instead of vacating them, and ordering the Agency ``to identify those 
standards for which the MACT floor would have differed if the EPA had 
included all best-performing sources in each subcategory in its MACT-
floor analysis'' and to ``revise those standards consistent with our 
July 29, 2016 opinion in this case.'' 844 F.3d at 270.
    Prior to the U.S. Sugar decision, on August 20, 2013, the D.C. 
Circuit issued its decision in National Ass'n. of Clean Water Agencies 
(NACWA) v. EPA, which addressed challenges to the EPA's 2011 Sewage 
Sludge Incinerator (SSI) rule, issued under section 129 of the CAA. In 
NACWA v. EPA, the court remanded the EPA's use of the upper prediction 
limit (UPL) methodology to the Agency for further explanation of how 
the methodology reflected the average emissions limitation achieved by 
the best-performing 12 percent of sources (for existing sources) and 
the average emissions limitation achieved by the best-performing 
similar source (for new sources). NACWA v. EPA, 734 F.3d 1115, 1151. 
Because the UPL methodology used in the SSI rule was the same as that 
used in the Boiler Rule, the EPA requested a remand of the record in 
U.S. Sugar v. EPA in order to address the court's decision in NACWA v. 
EPA. The EPA prepared a memorandum explaining the methodology for the 
UPL, EPA's Response to Remand of the Record for Major Source 
Boilers,\2\ that provided a detailed rationale to use the UPL as the 
basis of setting a MACT floor for new and existing sources. The 
methodology and the explanation in the memorandum were upheld by the 
D.C. Circuit in U.S. Sugar v. EPA. 830 F.3d at 639.
---------------------------------------------------------------------------

    \2\ See Docket ID Item No. EPA-HQ-OAR-2002-0058-3892.
---------------------------------------------------------------------------

    Accordingly, the EPA is finalizing changes to emission limits for 
new and existing boilers and process heaters. These changes address the 
court's concern regarding co-firing units that were included in a 
subcategory but excluded from consideration of that subcategory's best-
performing sources in the 2013 analysis. In addition, these changes 
apply the UPL to the MACT floor analysis for limited datasets as 
explained in EPA's August 2019, memorandum titled ``Approach for 
Applying the Upper Prediction Limit to Limited Datasets for Boilers and 
Process Heaters at Major Sources.''
1. Overarching Methodology and Dataset Basis
    In the 2020 proposal, the EPA based its revised analysis to address 
the remand on the same dataset used as the basis for the 2013 final 
rule.3 4 The 2013 final rule incorporated electronic 
reporting requirements into the rule. As a result, numerous emission 
test reports and other compliance data are now available through the 
Compliance and Emissions Data Reporting Interface (CEDRI) and 
WebFIRE.\5\ However, since the revisions to the MACT floor analysis 
were conducted solely to address the remand in U.S. Sugar by correcting 
the calculations the court found impermissible, the EPA did not update 
its dataset to incorporate CEDRI compliance data into its revised MACT 
floor analysis.
---------------------------------------------------------------------------

    \3\ See 85 FR 52203.
    \4\ Emissions Database for Boilers and Process Heaters 
Containing Stack Test, CEM, and Fuel Analysis Data Reporting under 
ICR No. 2286.01 and ICR No.2286.03 (OMB Control Number 2060-0616) 
(version 8). See Docket ID Item No. EPA-HQ-OAR-2002-0058-3830.
    \5\ U.S. Environmental Protection Agency. Compliance and 
Emissions Data Reporting Interface (CEDRI) https://www.epa.gov/electronic-reporting-air-emissions/cedri and WebFIRE database 
https://www.epa.gov/electronic-reporting-air-emissions/webfire.
---------------------------------------------------------------------------

    While the EPA proposed to maintain the same dataset basis as the 
2013 rule, the revisions to the rankings of emissions information to 
identify the best-performing units to include in the MACT floor 
calculation \6\ required that the EPA conduct a more detailed review of 
the data available for the units in the dataset that had previously 
been excluded from the rankings, focusing on the newly identified best 
performers in

[[Page 60821]]

the 2020 proposal. While reviewing the underlying emissions test 
reports, the EPA corrected some database errors, filled information 
gaps on relative heat inputs from individual fuel types for certain co-
fired fuel blends in order to verify that units did indeed belong to a 
specific fuel subcategory based on background combustion process 
information provided in the test reports or database fuel heat input 
background tables, and adjusted CO instrument span measurements since 
some of the revised rankings showed test run values that were 
incorrectly reported as zero, non-detect, or negative in the database. 
The CO instrument span establishes the appropriate representative 
detection level (RDL) to use in the MACT floor calculations and the 
underlying emissions test reports in the record typically contained the 
span information. In some cases, when the span information was not 
available, default span values were assigned as discussed in the 
memorandum, Incorporating Measurement Error in Reported Carbon Monoxide 
(CO) and Total Hydrocarbon (THC) Data (Revised August 2012).\7\ These 
adjustments were needed to ensure that we could use the data from the 
newly identified best performers. Had these units been identified as 
best performers in the original rulemaking, the EPA would have 
conducted a similar review of the test data and made the same 
corrections and adjustments. These data had not been previously 
scrutinized since they were not used in the original UPL calculations. 
While corrections were made to the original dataset for the purposes of 
revising UPL calculations for this final rule, no recent compliance 
data after January 31, 2013 (e.g., emission test reports and other 
compliance data available through CEDRI and WebFIRE) were incorporated 
into the rankings or UPL calculations for these final MACT floor 
emission standards, for the reasons explained later in this subsection.
---------------------------------------------------------------------------

    \6\ See Docket ID Item No. EPA-HQ-OAR-2002-0058-0815 for 
background on how the EPA calculates MACT emission limits, along 
with the docketed memorandum, Revised MACT Floor Analysis (2021) for 
the Industrial, Commercial, and Institutional Boilers and Process 
Heaters National Emission Standards for Hazardous Air Pollutants--
Major Source.
    \7\ See Docket ID Item No. EPA-HQ-OAR-2002-0058-3833.
---------------------------------------------------------------------------

    Commenters both agreed and disagreed with the EPA's use of the 
original 2013 dataset for this reanalysis of the emission limits. Some 
commenters provided limited, specific examples of where they believed 
additional data should be incorporated to provide additional emission 
test run variability in cases where there are limited datasets. 
However, these same commenters also agreed that EPA's use of the 2013 
dataset is reasonable. These commenters pointed out that the court's 
decision in U.S. Sugar directed the EPA to correct its analysis of the 
2013 dataset that established the emissions standards, not to collect 
new data.
    Another commenter disagreed with the proposed approach to base the 
revisions to the MACT floor analysis on data from the 2013 final rule. 
The commenter claims the data is obsolete and ignores several years of 
compliance data available in CEDRI. This commenter did not dispute the 
EPA's methodology in calculating revised MACT standards consistent with 
the D.C. Circuit's opinion in U.S. Sugar v. EPA. The commenter's 
criticism was that the EPA should have considered additional data 
beyond those contained in the 2013 database for the remanded rule, and 
they claimed that, in fact, section 112(d) of the CAA requires the 
Agency to consider compliance data in its action on remand.
    Another commenter also requested that the EPA consider certain 
additional data. The commenter stated that, ``it is appropriate to 
include only information that is relevant for setting the floor or 
identifying appropriate variability and exclude data that represents 
post-promulgation changes made to existing sources,'' \8\ and that 
including the latter data would inappropriately redefine a standard 
based on actions taken to comply with such standard. However, the 
commenter believes that the EPA should not ignore units for which it 
has emissions information without justifying why the result from more 
limited data is sufficient. The commenter cites section 112(d)(3)(A) of 
the CAA, which requires that the MACT floor be no less stringent than 
the average emission limitation achieved by the best performing 12 
percent of the existing sources for which the Administrator has 
emissions information.
---------------------------------------------------------------------------

    \8\ See Docket ID Item No. EPA-HQ-OAR-2002-0058-3969.
---------------------------------------------------------------------------

    The commenters claiming that the EPA must consider on remand 
additional data beyond the 2013 dataset that was used to establish the 
2013 standards which were before the court misconstrue the D.C. 
Circuit's instructions in its decision remanding those standards to the 
EPA. The court stated that on remand, the EPA must ``identify those 
standards for which the MACT floor would have differed if the EPA had 
included all best-performing sources in each subcategory in its MACT-
floor analysis.'' U.S. Sugar v. EPA, 844 F.3d 268 (2016) (granting 
EPA's motion for rehearing). The court further instructed the EPA to 
``revise those standards consistent with'' the court's opinion. Id. 
Nothing in the court's opinion or in its grant of rehearing instructs 
or requires the EPA to initiate a new standard-setting process or to 
assemble additional data. Rather, the remand was targeted to only those 
standards affected by the court's decision, and the court did not 
address the question of whether the EPA should--let alone must--
consider data that did not exist at the time the challenged rule was 
issued. In contrast, the D.C. Circuit vacated--rather than remanded--
the EPA's 2004 emissions standards for commercial and industrial 
boilers because it anticipated a ``wholesale revision'' of the rule 
would be required. NRDC v. EPA, 489 F.3d 1250, 1262 (2007). Here, the 
court neither vacated the standards, nor indicated that it anticipated 
consideration of additional data.
    The EPA further disagrees that section 112(d)(3)(A)'s reference to 
sources ``for which the Administrator has emissions information'' 
requires consideration of additional data beyond the 2013 dataset, such 
as compliance data. That qualifying language is intended to ensure that 
the EPA need not obtain emissions data from 100 percent of the source 
category or subcategory in order to identify the best performing 12 
percent of the source category, consistent with the overall 
Congressional intent in enacting the 1990 amendments to section 112 to 
prevent delay in regulating emissions of hazardous air pollutants. 
Rather, the EPA could identify the best performing 12 percent of the 
sources for which it had emissions data, even if the Agency did not 
have emissions data for all the sources in the source category or 
subcategory and could set standards on that basis without having to 
collect information from all sources. In other words, the language the 
commenter refers to does not compel collection or consideration of 
additional data, particularly here, where the EPA is revising standards 
solely in response to a court remand on a very specific, limited issue. 
The EPA further notes that some commenters would have the EPA 
selectively consider additional data, such as data showing additional 
variability. For example, one commenter claims that the EPA must 
consider compliance data only for the purpose of accounting for 
variability, but not otherwise. The EPA does not agree that it would be 
reasonable or appropriate to consider compliance data only to account 
for additional variability. Where the EPA uses data for the UPL 
calculation, it uses that data for purposes of calculating the floor as 
well as for accounting for variability, and it

[[Page 60822]]

would not be appropriate to take a different approach here. As 
explained above, in this action the EPA is only correcting the flaw in 
its 2013 final rule analysis identified by the U.S. Sugar court in 
response to the court's remand. Further, while this action is limited 
to the remand, the Agency disagrees that, as a general matter, data 
representing compliance actions taken by sources to meet a previous 
standard are necessarily inappropriate to consider when revising a 
standard. However, that question is not at issue here.
    The EPA's approach is reasonable given the limited nature of the 
remand. In addition, if the EPA were to revise the affected standards 
using newer emissions information, it could result in the potentially 
inequitable outcome of some units being subject to more stringent 
standards solely because of the EPA's error in its initial MACT floor 
calculations, while other units unaffected by the court decision would 
remain unchanged. Revising all of the boiler MACT standards, including 
the standards that have not been remanded, would require EPA to incur a 
significant resource burden and could result in wholesale changes to 
standards that were largely upheld by the D.C. Circuit. Given its other 
obligations under the statute and the EPA`s determination that using 
new data is unnecessary to respond to the remand, the EPA has chosen to 
maintain the original data set for purposes of calculating standards. 
The revisions incorporate the co-fired boilers that met the subcategory 
definition using a threshold of at least 10 percent of a subcategory-
defining fuel, on an annual heat input basis, but were excluded from 
the ranking analysis in the 2013 final emission standards. The D.C. 
Circuit in U.S. Sugar stated that, if the EPA includes a source in a 
subcategory, it must consider whether any source in that subcategory is 
a best-performing source which would then need to be accounted for in 
setting the MACT floor. U.S. Sugar v. EPA, 830 F.3d at 631. The final 
standards fully incorporate these sources in the development of 
standards as required by the remand.
2. UPL Methodology for Limited Datasets
    Some of the MACT floor emission limits the EPA proposed were based 
on datasets with less than 7 test runs (``limited datasets''). There 
were limited datasets for the following subcategories and pollutants 
for both existing and new sources: process gas (Hg, HCl, total selected 
metals (TSM), and PM), biomass suspension burner (TSM), dry biomass 
stoker (TSM, PM, and CO), and coal fluidized bed coal refuse (CO). 
Limited datasets also existed for the following subcategories and 
pollutants for new sources: solid (Hg and HCl), liquid (Hg and HCl), 
heavy liquid (TSM and PM), light liquid (TSM and PM), biomass dutch 
oven/pile burner (TSM), biomass fuel cell (TSM), biomass fluidized bed 
(TSM), biomass suspension burner (TSM), biomass suspension grate (CO), 
wet biomass stoker (TSM), and coal (TSM and PM). On remand, these 
limited datasets were reviewed in additional detail to determine 
whether it was appropriate to make any modifications to the UPL 
approach used to calculate the MACT floors.
    In addition to the proposed MACT floors involving limited datasets, 
the EPA also conducted a similar, more detailed review of the new 
source standards to evaluate if the UPL calculations required any 
adjustments to ensure that the resulting emission standards for new 
sources were not less stringent than for existing sources. Based on 
this review, the EPA found that the revised emission limits for three 
new source subcategories and pollutants did not reasonably account for 
variability and some changes were made to be consistent with EPA's 
Approach for Applying the Upper Prediction Limit to Limited Dataset 
Boiler and Process Heaters at Major Sources \9\ to avoid the anomalous 
result the Court identified in NACWA v. EPA \10\ where the calculated 
new source floor was less stringent than the existing source floor: 
These new source subcategories and pollutants are the following: solid 
(HCl), wet biomass stokers (TSM, PM), and biomass fluidized beds (PM).
---------------------------------------------------------------------------

    \9\ See Docket ID Item No. EPA-HQ-OAR-2002-0058-3946.
    \10\ See National Assn. of Clean Water Agencies v. EPA (NACWA) 
734 F 3d 1115.
---------------------------------------------------------------------------

    The only comments received on the proposed methodology for 
analyzing limited datasets were made in the context of the new source 
solid fuel HCl emission limit. Those comments are summarized in section 
III.A.3 of this preamble.
    The EPA is finalizing limited revisions to certain standards to 
address the specific issue identified by the court in NACWA v. EPA. The 
EPA is finalizing, as proposed, adjustments needed to three new source 
standards--Solid (HCl) and wet biomass stokers (TSM, PM), and biomass 
fluidized beds (PM)--to ensure that the new source floor is no less 
stringent than the existing source floor.\11\ Additional detail about 
the determinations made at proposal are discussed in the docketed 
memorandum and no further analyses were needed as part of the final 
rule.\12\
---------------------------------------------------------------------------

    \11\ See 85 FR 52205-52207.
    \12\ See Docket ID Item No. EPA-HQ-OAR-2002-0058-3946.
---------------------------------------------------------------------------

3. Solid and Liquid Fuel HCl Emission Limits for New Sources
    The proposed emission limits for HCl in the new source solid fuel 
and liquid fuel subcategories were both based on a value equal to 3 
times the representative detection level (RDL) because the calculated 
UPL from the best performing similar source was less than this 
value.\13\ In each case, the RDL value established for these two 
subcategories was based on the sampling times of the single best 
performer in each subcategory. For HCl, the detection level decreases 
with longer sampling times. For liquid fuels, the best performer had a 
4-hour stack test, resulting in a 3 times RDL (3x RDL) of 5.4E-05 lb/
MMBtu. For solid fuels, the best performer had a 1-hour stack test with 
an average oxygen concentration of 10.2 percent, resulting in a 3x RDL 
of 3.0E-04 lb/MMBtu.
---------------------------------------------------------------------------

    \13\ In cases where the calculated UPL value is less than three 
times the representative detection level (3x RDL), where the RDL is 
the average detection level of the best performing sources, the 
limit is determined to be equivalent to the 3x RDL value. Such a 
limit ensures measurement variability is addressed and provides a 
limit that has a measurement imprecision similar to other EPA test 
methods.
---------------------------------------------------------------------------

    In the case of liquid fuel boilers, the 3x RDL value was multiplied 
by a fuel variability factor to establish the MACT floor because the 
best performing unit had paired test data and fuel analysis data \14\ 
to compare to fuel analysis used at the unit over time. The EPA also 
reviewed the data for the best performer in additional detail given 
that this best performing unit, ``LAShellChemicaGeismar, Furnace F-
S801,'' had a limited dataset of 3 test runs. The EPA concluded that 
this unit was indeed a best performing unit.\15\
---------------------------------------------------------------------------

    \14\ Paired fuel and testing data means that there is an 
analysis of the fuel that was being utilized during the emissions 
testing. Unpaired fuel data may be representative of fuel burned at 
the unit, but not specifically the fuel burned during the emissions 
testing.
    \15\ See 85 FR 52206.
---------------------------------------------------------------------------

    In the case of solid fuel boilers, the EPA proposed that the unit 
with the second lowest emission test results but the lowest 
variability, ``TXDibollTemple-Inland, PB-44'' (PB-44) was the best 
performing similar source.\16\ This unit did not have paired test data 
and fuel analysis data to develop an appropriate fuel variability 
factor, so no fuel variability factor was applied to this emission 
limit.
---------------------------------------------------------------------------

    \16\ Ibid.

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

[[Page 60823]]

    Comment: Two commenters stated that the 3x RDL emission limit for 
HCl should have been calculated differently. One of the commenters 
provided specific suggestions, indicating they believed it is not 
appropriate for the EPA to set a RDL based on the operation of the top 
performing boiler alone. The commenter suggested that a more 
representative approach to setting a detection limit would be to derive 
an RDL associated with all non-detect emission tests for the best-
performing units in the subcategory.
    Response: The EPA agrees with the commenter that sample time data 
should be analyzed for the entire top 12 percent of units, not just the 
single best performer. However, the EPA disagrees with the commenter's 
suggested approach which considers only data that were reported as non-
detect (i.e., the emissions results were below the detection level of 
the instrumentation) instead of all available reported pollutant-
specific method detection levels from the best performing units in each 
subcategory. As we stated in the docketed memorandum, Data and 
Procedure for Handling Below Detection Level Data in Analyzing Various 
Pollutant Emissions Databases for MACT and RTR Emission Limits (Revised 
2012), our approach, ``minimizes . . . effect of a test(s) with an 
inordinately high method detection level (e.g., the sample volume was 
too small, the laboratory technique was insufficiently sensitive, or 
the procedure for determining the minimum value for reporting was other 
than the detection level).'' \17\
---------------------------------------------------------------------------

    \17\ See Docket ID Item No. EPA-HQ-OAR-2002-0058-3839.
---------------------------------------------------------------------------

    Therefore, the EPA revised the 3x RDL values for new source solid 
and new source liquid HCl 3x RDL to reflect data from the top 12 
percent of boilers. The data were pulled from the 2013 dataset and 
supporting test report files from the docket from the 2013 final rule. 
Revised data and analysis for the 3x RDL values are found in the 
docketed memorandum Revised (2021) Analysis of Minimum Detection Levels 
from Industrial, Commercial, and Institutional Boilers and Process 
Heaters National Emission Standards for Hazardous Air Pollutants--Major 
Source. The revised methodology and changes to the underlying data used 
for the 3x RDL calculations resulted in a 30 percent lower 3x RDL value 
than what was proposed for solid fuels, with the 3x RDL decreasing from 
3.0E-04 to 2.1E-04 lb/MMBtu. For liquid fuels, the revised 3x RDL value 
is 122 percent higher than what we proposed, increasing from 5.4E-05 to 
1.2E-04 lb/MMBtu.
    Comment: Several commenters disagreed with the EPA's approach and 
rationale for selecting PB-44 as the best performing source for new 
solid fuel units, arguing that the solid fuel HCl limit calculations 
need to better account for natural variability in biomass fuel chloride 
levels as well as operational variability. Commenters noted that PB-44 
only has a single three run test and it has a homogenous dry biomass 
fuel, sourced from on-site particleboard byproducts.
    Commenters differed in their suggestions for what unit should be 
the best performing similar source. Some commenters suggested that 
Wellons Boiler was the best performing boiler, despite the larger 
variance in its HCl emissions. Some commenters made suggestions on how 
to adjust the Wellons Boiler data with additional data outside of the 
2013 dataset. Other commenters suggested that other units in the top 12 
percent for existing solid fuel HCl best performers were better choices 
than PB-44.
    With regards to fuel variability, some commenters noted that PB-44 
has only three test runs available and that a dataset with six test 
runs is superior to a dataset with three. One commenter also added that 
both PB-44 and Wellons Boiler do not have any HCl add-on control 
devices and the variation in emissions is directly related to fuel 
chloride content. The commenter argued that if the EPA had more data 
for PB-44, the variability in its HCl emission rates might be much 
higher and noted that variability can be determined more accurately 
with more test runs. This commenter also emphasized that the emissions 
of HCl at the lowest emitting unit are related to chloride variability 
in the fuel and not to the performance of any add-on control device. 
The commenter suggested several ways to better incorporate chloride 
variability in biomass fuels in its detailed comments.
    One commenter further disagreed with the EPA's selection of PB-44 
which had the second lowest emission test as the best performing 
similar source in its limited dataset analysis because it has lower 
variance in test results. The commenter suggested that variance is not 
the only consideration in the selection of a best performing similar 
source, especially where emissions are dictated by the fuel chloride 
variability and not by the use of a control device. This commenter also 
suggested that the EPA's selection of PB-44 to establish the new-source 
floor directly contradicts its assessment of long-term fuel variability 
by ignoring data related to fuel variability the Agency had previously 
argued was necessary. This commenter also suggested that the EPA's 
decision to finalize a standard based on limited dataset with only the 
UPL adjustment would be arbitrary, given that the fuel content must be 
taken into account to determine the emissions level that boiler 
actually achieved every day and under all operating conditions.
    Response: The EPA disagrees with commenters that the PB-44 unit 
does not reflect the emissions control that is achieved in practice by 
the best controlled similar source. As discussed in section III.A of 
this preamble, the court remanded for further explanation the UPL 
methodology in NACWA v. EPA, in part for the EPA to explain how the UPL 
was appropriate for limited data sets in the face of the ``apparently 
illogical'' results where the emission limit for new sources was less 
stringent than the emission limit for existing sources. NACWA v EPA, 
734 F.3d at 1144. Following the NACWA decision, the EPA issued the UPL 
memo and the limited data sets memo to provide the explanations 
requested by the court, and both approaches have been subsequently 
upheld by the D.C. Circuit. The EPA has applied the UPL and the limited 
data set approach in calculating the solid fuel HCl limit. The EPA 
could not determine that the Wellons Boiler, which commenters point out 
has more test runs available than the PB-44 unit, was the best 
performing similar source because it yielded the same ``apparently 
illogical'' result that the NACWA court questioned, i.e., a new source 
limit that would be less stringent than the corresponding existing 
source limit, due to the variance in its data. In such circumstances, 
the EPA's limited data set approach provides that the EPA will further 
evaluate the individual dataset to ensure that the uncertainty 
associated with it does not cause the emissions limit to be so high 
that it does not reflect the emissions performance of the best 
performing similar source, for new source MACT standards.
    Moreover, the EPA has broad discretion to identify best performing 
sources, and it is reasonable to consider variability in emissions when 
choosing the ``best'' sources from an emissions perspective. For 
example, a source could have the lowest average emissions level based 
on a single very low data point, but other very high emissions points. 
It is reasonable for the EPA to consider, in that circumstance, that a 
second source with a slightly higher average emissions level but 
consistently low emissions is a ``better'' performer

[[Page 60824]]

than the first source. Consistent with the previous MACT floor 
methodology, the EPA has determined that MACT floors based on a single 
source must be based on at least three runs of test data to ensure that 
adequate variability can be incorporated. The EPA has not thrown out 
other MACT floor emission limits that are based on a single three run 
test.\18\ PB-44 has three valid test runs and it is the unit with the 
second lowest emissions test average results but has a variance that is 
5 times lower than the Wellons boiler, and it did not yield a new 
source limit that is less stringent than the existing source limit. 
Therefore the EPA continues to conclude PB-44 is the best performing 
similar source for new solid fuel units.
---------------------------------------------------------------------------

    \18\ Revised MACT Floor Analysis (November 2011) for the 
Industrial, Commercial, and Institutional Boilers and Process 
Heaters National Emission Standards for Hazardous Air Pollutants--
Major Source. Revised November 2011. See Docket ID Item No. EPA-HQ-
OAR-2002-0058-3387.
---------------------------------------------------------------------------

    The EPA further disagrees with commenters that it should 
incorporate fuel variability into the revised emission limit by 
evaluating fuel variability from other units in the 2013 dataset. We 
have previously stated that we can only apply a fuel variability factor 
when we have paired test data and fuel analysis data.\19\ PB-44 had no 
paired fuel analysis data with its single 3-run HCl emission test in 
the 2013 dataset, so a fuel variability factor could not be developed 
according to the historical methodology used in the Boiler Rule.
---------------------------------------------------------------------------

    \19\ The EPA explained the limited nature of using only paired 
fuel variability data for the basis of its fuel variability factors 
in the original 2010 proposal. See Maximum Achievable Control 
Technology (MACT) Floor Analysis (2010) for the Industrial, 
Commercial, and Institutional Boilers and Process Heaters National 
Emission Standards for Hazardous Air Pollutants--Major Source. See 
Docket ID Item No. EPA-HQ-OAR-2002-0058-0815. The EPA modified its 
approach slightly to address comments received on the proposed fuel 
analysis variability methodology as explained in the final rule (76 
FR 15627) but never changed its fundamental criteria of looking only 
at paired fuel analysis data. As noted in the December 2011 
reconsideration proposal, the EPA continued a consistent fuel 
variability methodology and at this juncture only ``[s]mall changes 
to fuel variability . . . to accommodate the new TSM standard and 
comments received during the reconsideration process'' were made, 
see Docket ID Item No. EPA-HQ-OAR-2002-0058-3387. When the EPA 
issued revised limits in the January 2013 final rule based on 
submitted data corrections or new data, it noted that the new data 
was incorporated that resulted in revised values, but the general 
MACT floor setting methodology remained the same (78 FR 7151).
---------------------------------------------------------------------------

    The solid fuel subcategory encompasses a wide variety of boilers 
and process heaters and many of these units have achieved this emission 
level in practice, though each unit, depending on facility- and unit-
specific circumstances, may employ different fuel blends and control 
devices to do so. Both the revised CEDRI compliance dataset and the 
2013 dataset used to establish the MACT floor calculations present 
several examples of units in the solid fuel subcategory that have 
achieved this limit in practice. According to compliance data submitted 
to EPA via CEDRI through December 31, 2020, most of the new units in 
the solid fuel subcategory are meeting this more stringent emission 
limit that is based on a 3x RDL value.\20\ Of the new units with test 
data, 71 percent (10 of the 14 units with HCl compliance test data) are 
meeting the revised 3x RDL value.
---------------------------------------------------------------------------

    \20\ Revised (2021) Methodology for Estimating Impacts for 
Industrial, Commercial, Institutional Boilers and Process Heaters 
National Emission Standards for Hazardous Air Pollutants, which is 
available in the docket for this action.
---------------------------------------------------------------------------

    The EPA also disagrees with some of the commenter suggestions to 
bring in new data from outside the 2013 dataset to serve a targeted 
purpose for this single subcategory. The EPA explains earlier in this 
document why the Agency is not required to consider new data for 
purposes of this action.
4. Biomass Fluidized Bed PM Emission Limits for Existing and New 
Sources
    For existing biomass fluidized beds, we proposed to make the PM 
emission limit more stringent, decreasing from 1.1E-01 to 2.1E-02 lb/
MMBtu. The existing source floor was based on the top 5 units in the 
subcategory since the subcategory had fewer than 30 sources. The units 
that were part of the top 5 changed after we re-ranked the data to 
address the U.S. Sugar remand.
    For new biomass fluidized beds, we also proposed to make the PM 
emission limit more stringent, decreasing from 9.8E-03 to 4.1E-03 lb/
MMBtu. The unit with the lowest minimum test average was 
``ORGeorgiaPacificWaunaMill, EU35--Fluidized Bed Boiler'' (Wauna 
boiler). The Wauna boiler had six separate tests in the boiler dataset. 
However, the calculated UPL for the Wauna boiler was 3.2E-02 lb/MMBtu, 
which exceeded the UPL calculated for existing units in the same 
subcategory, which was 2.1E-02. Since the new source floor was less 
stringent than the existing source floor, the EPA reviewed the data 
further to evaluate if the unit truly reflected the best controlled 
similar source and to evaluate if the UPL calculations required any 
adjustments to ensure that the UPL did not result in a less stringent 
standard for new sources. The EPA conducted additional analysis and 
determined that the unit with the second lowest minimum test, 
``WIGPGreenBay2818, B10--Wastepaper Sludge-Fired Boiler 10'' (B10), was 
the best controlled similar source because it had a variance three 
orders of magnitude lower than the Wauna boiler and did not yield a 
limit less stringent than the existing source limit.
    Comment: One commenter noted that the EPA included 15 p.m. emission 
tests for the unit LAGPPortHudson, EQT0109--No. 6 CFB Boiler (Port 
Hudson boiler), including two 2007 tests in which the dry scrubber was 
off for one test and on for the other, and the EPA only included data 
from the test where the scrubber was off in the UPL calculations. The 
commenter stated that both tests should be included in the UPL 
calculations.
    Response: We reviewed the docket record to evaluate the commenter's 
concerns with the test runs included for the Port Hudson boiler. The 
Port Hudson boiler had five different tests included in the UPL 
calculations at proposal. Four of the five tests, dated September 11, 
2007, December 18, 2008, December 19, 2008, and July 29, 2009, were all 
conducted with the sorbent injection system control device operating. 
The fifth test in August 2007 was conducted with the scrubber control 
device off. Given that the scrubber operating reflected the more common 
unit operations, we also evaluated CEDRI data for the purpose of 
verifying that the unit typically operates with its sorbent injection 
system operating. We disagree with the commenter that we should use the 
tests from August 2007 with both the sorbent injection control 
operating as well as off. Since this unit typically operates the 
sorbent injection system control device, only the tests conducted while 
this control device is operated are representative of the emission 
levels and typical operations employed by this source. Introducing 
statistical variability in UPL calculations by mixing test results for 
different control configurations would be inconsistent with the MACT 
floor methodology \21\ since the unit typically conducts its compliance 
testing with the control system operating. When we evaluated the August 
2007 test report available in the docket in more detail, we found that 
the August 2007 test report had four different test scenarios. Scenario 
1 and 2 were the only scenarios firing biomass fuels (both fired a 
combination of biomass and petroleum coke, but met the threshold of at 
least 10 percent heat

[[Page 60825]]

input from biomass). The test scenario included in the proposal 
analysis had the sorbent injection system turned off. For the reasons 
discussed above, we replaced the August 2007 test with the test 
scenario which had the sorbent injection system turned on. After 
replacing this test scenario, the Port Hudson boiler was no longer part 
of the top five boilers in the existing source floor calculations. The 
Port Hudson boiler was removed from the existing source floor 
calculation because it had the eighth lowest mean emission test after 
reviewing and correcting the test scenarios used in the analysis, based 
on public comment. The boiler that now had the fifth lowest mean 
emission test is PAPHGlatfelter, PB5 (PB5 boiler), so we added the two 
emission tests from the PB5 boiler into the analysis for the UPL 
calculation for the existing source MACT floor.
---------------------------------------------------------------------------

    \21\ Some facilities submitted emission test data based on 
previous control configurations that are no longer installed on the 
unit. Emission data reported while using these previous control 
configurations were not used to establish the MACT floor. See Docket 
ID Item No. EPA-HQ-OAR-2002-0058-3387.
---------------------------------------------------------------------------

    Comment: Two commenters requested a data correction for the 2006 
test from the Wauna boiler. The commenters noted that the PM test 
results in the 2013 dataset and MACT floor ranking were listed 
incorrectly as lb/MMBtu in the MACT floor analysis. They pointed to the 
supporting test report, where the values were actually in units of 
grains per dry standard cubic foot (gr/dscf), corrected to 7 percent 
oxygen, instead of lb/MMBtu. These commenters requested that the EPA 
revise the UPL calculation after correcting the units of measure for 
the 2006 test.
    Response: We reviewed the docket record to verify the units of 
measure for the 2006 Wauna boiler test and agree with the commenters 
that a correction is needed to convert the gr/dscf into units of lb/
MMBtu. We made this correction in the revised UPL calculation for both 
new and existing sources.
    Comment: One commenter stated the Wauna boiler's 2004 stack test is 
an outlier and should be excluded from the data. The commenter stated 
that the EPA should remove this test and recalculate the UPL with the 
remaining 15 test runs from the Wauna boiler.
    Response: We reviewed the 2004 Wauna boiler test that the commenter 
stated should be excluded to assess whether or not this test is in fact 
an outlier. The 2004 test had the same test method and length of the 
test runs as the other five tests. In addition, none of the other five 
tests subtracted negative filter weights or had weights less than 1 
milligram. As the emissions limit is expressed in terms of emissions 
per heat input, we checked both the emissions and heat input data for 
outliers. Our general outlier test is conducted at the 5% significance 
level in log space, and when a value is found to be an outlier at this 
level, we exclude it from further calculations. We conducted an outlier 
test with ProUCL \22\ and determined that none of the PM emission test 
runs had outliers, either in normal or in log space, at the 1, 5, and 
10% significance levels. Observing that the heat input for the 2004 
test was between 57 and 66 percent lower than the heat input for the 
other five tests in normal space, we conducted an outlier test with 
ProUCL and found that the total heat input for 2004 was an outlier at 
the 5 and 10% significance levels for both normal and log space. 
Because the heat input component of the 2004 emissions test is an 
outlier, we agree with the commenter that the heat input and the 
corresponding emissions value from this test should be excluded as an 
outlier. Therefore, we removed the 2004 test data from the UPL 
calculation for both new and existing sources.
---------------------------------------------------------------------------

    \22\ ProUCL is a comprehensive publicly available statistical 
software package. See https://www.epa.gov/land-research/proucl-software.
---------------------------------------------------------------------------

    After making the corrections to the 2006 Wauna boiler test, 
removing the outlier 2004 Wauna boiler test, and correcting for the 
appropriate tests for the Port Hudson boiler control device 
configurations, the existing source floor value calculations have 
changed since proposal. The revised emission calculations for existing 
sources considering these public comments and related data changes have 
resulted in a more stringent UPL calculation of 7.4E-03 lb/MMBtu.
    Comment: One commenter requested that the EPA revise its 
determination for the best performer for the new source PM limit for 
biomass fluidized beds. The commenter noted that the EPA chose to base 
the new source floor on the second-best performing unit, despite having 
a more robust dataset for the top performer. The EPA selected the unit 
with the second lowest mean because it stated that the unit with the 
lowest mean (Wauna boiler) exhibited too much variance in its emissions 
data. The commenter noted that the dataset for the second-best 
performer (B10) offered only six test runs, while the Wauna boiler had 
18 runs and better represented true variability at the unit. The 
commenter argued that the MACT floor should be based on the top-
performing unit which utilizes the best control technology, a fabric 
filter, and pointed out that five of the six stack tests for the Wauna 
boiler exhibit consistent performance.
    Response: Based on the data correction made for the units of 
measure for the 2006 test and removal of the 2004 test as an outlier, 
the calculated 99 percent UPL for the Wauna boiler decreased from the 
calculation in the proposed rule, from 3.2E-02 to 8.4E-03 lb/MMBtu. 
This revised UPL calculation for new sources still yields an anomalous 
result, as the new source PM limit is less stringent than the 7.4E-03 
lb/MMBtu PM limit for existing sources.
    Consistent with the 2020 proposal, the EPA conducted additional 
investigation of the revised Wauna boiler dataset to determine whether 
the Wauna boiler was indeed the best performing similar source. After 
determining the correct distribution and ensuring that we used the 
correct equation for the distribution, we evaluated the variance of 
this unit. Our analysis showed that this unit, identified as the best 
performing unit based on average emissions, has the highest variance 
among the top five performing boilers in the existing source floor, 
even after making the corrections for the 2004 and 2006 test data noted 
above. The variance is 7 times higher than the unit with the second 
lowest ranked mean, B10. The overall average (considering all stack 
tests, not just the minimum stack test average) for the Wauna boiler is 
also higher than the units with the second, third, and fourth lowest 
mean emission test results. The overall average for the Wauna boiler is 
1.5 times higher than the second ranked unit, B10. This information 
indicates that the second ranked unit, B10, has a more consistent level 
of emissions performance than the Wauna Boiler, and the resulting UPL 
calculations support this. The calculated UPL is lower for B10 than for 
the Wauna boiler. For these reasons, we continue to conclude that the 
Wauna boiler is not the best performing source for this subcategory and 
pollutant and we are finalizing B10 as the best performing source. 
Therefore, the EPA is finalizing the proposed PM emission limit of 
4.1E-03 lb/MMBtu for new sources.
    More complete details of the revised analysis for both new and 
existing source PM emission limits are included in the docketed 
memorandum, Revised MACT Floor Analysis (2021) for the Industrial, 
Commercial, and Institutional Boilers and Process Heaters National 
Emission Standards for Hazardous Air Pollutants--Major Source.

B. Beyond-the-Floor Emission Limits

    We proposed beyond-the-floor limits for 16 subcategory and 
pollutant combinations. We compared the revised emission limits to the 
limits from the 2013 final rule to assess whether a beyond-the-floor 
option was technically achievable and cost effective. Typically

[[Page 60826]]

we would assess technical achievability and cost effectiveness by 
assessing various levels of stringency of emission reductions, 
technical achievability of options and associated costs. For this rule, 
for subcategories where the 2013 limit was more stringent than the MACT 
floor limit calculated in the 2020 proposal, we reviewed compliance 
data available through CEDRI and WebFIRE to assess whether the more 
stringent limit was being achieved in practice. There were nine 
subcategory and pollutant combinations for existing sources and seven 
subcategory and pollutant combinations for new sources where compliance 
data showed boilers that already achieved the 2013 limits. Then, to 
assess whether compliance with the 2013 limits was cost effective, we 
reviewed the control devices currently installed to determine if any 
cost savings would occur should we finalize the less stringent limit. 
In all cases, the controls that were already installed were the same 
types of controls that would be required to meet either the 2013 limits 
or the less stringent limits calculated in the proposed rule and, 
therefore, no additional costs would be incurred to meet the more 
stringent limits. As a result, we proposed 16 emission limits from the 
2013 final rule as beyond-the-floor limits.
    There were six limits in three subcategories--new and existing 
units for PM for Gas 2 units, TSM for biomass suspension burners, and 
TSM for dry biomass stokers--where the 2013 limits were more stringent 
than the MACT floor limits calculated for the proposed rule, but recent 
compliance data were not available. Since no data were available, we 
did not identify any beyond-the-floor options for these subcategories 
and beyond-the-floor limits were not proposed for these subcategories. 
For TSM, sources have the option to comply with either PM or TSM 
emission limits. The lack of available TSM data indicates that sources 
in these subcategories are all complying with the PM emission limits 
rather than the alternative TSM limits. The lack of available PM data 
for Gas 2 units indicates that sources are all meeting the Gas 1 
subcategory definition.
    Comment: One commenter suggested that the EPA's proposed approach 
for the beyond-the-floor analysis does not satisfy section 112(d)(2) of 
the CAA, which requires the ``maximum'' degree of reduction that is 
``achievable'' considering cost and other factors through all potential 
reduction measures. The commenter noted that the EPA only considered 
whether the newly recalculated floors were less stringent than the 
emission levels that were already being achieved, and if ``no 
additional costs would be incurred to meet the more stringent limits,'' 
then the EPA set beyond-the-floor standards which are more stringent 
than the floors and are equivalent to the current standards that these 
boilers have already been meeting. The commenter acknowledged that the 
EPA is correct to recognize that the current limits are achievable but 
argued that the EPA's analysis does not actually consider what the 
``maximum'' achievable reductions are, such as what reduction levels 
are achievable through use of cleaner fuels or control technologies.
    This commenter also stated that it is unlawful that the EPA 
proposed to weaken six limits since all of the units subject to those 
limits have already been in compliance with them for more than three 
years. The commenter argued that any standards that are less stringent 
than the 2013 limits do not represent the average emission levels 
achieved by the relevant best performing units.
    Response: We disagree with the commenter that the beyond-the-floor 
analysis does not satisfy section 112(d)(2) of the CAA. In 2013, the 
EPA conducted a subsequent beyond-the-floor analysis, evaluating 
whether any recalculated emission limits were less stringent than the 
2011 rule in order to assess whether a beyond-the-floor option was 
technically achievable and cost effective. This analysis resulted in 
nine beyond-the-floor limits.\23\ The beyond-the-floor analysis 
conducted in the proposal used the same methodology and resulted in 16 
proposed beyond-the-floor limits.\24\
---------------------------------------------------------------------------

    \23\ See Docket ID Item No. EPA-HQ-OAR-2002-0058-3843.
    \24\ See Docket ID Item No. EPA-HQ-OAR-2002-0058-3948.
---------------------------------------------------------------------------

    Most of the recalculated emission limits resulting from the U.S. 
Sugar remand resulted in more stringent limits compared to the 2013 
final rule. For these limits, the EPA continues to believe the analysis 
in the 2011 rule is reasonable, and the EPA received no information 
during the comment period to demonstrate it is not. Further, for most 
affected standards where the EPA's recalculation of the UPL resulted in 
a less stringent numeric limit, the EPA is retaining the more stringent 
limit based on its authority to set standards beyond the MACT floor. 
This is a reasonable approach where sources have been complying with 
the 2013 standards, thus demonstrating that the standards are 
achievable, considering the factors enumerated in section 112(d)(2) of 
the CAA. The only exception to this approach is for alternative 
standards where there is no demonstration that any source has been 
complying with the standard since the 2016 compliance date because no 
units are in the subcategory or no units have chosen to utilize the 
alternative limits.
    Based on this, additional analyses of compliance data, and the lack 
of information on additional control technologies provided by the 
commenter, we continue to believe that our beyond-the-floor analysis is 
appropriate, and we are finalizing the 16 beyond-the-floor limits as 
proposed.
    We further disagree with the commenter that it is unlawful to 
finalize the six emission limits that were recalculated to be less 
stringent than the 2013 standards. First, the court in U.S. Sugar 
determined that the 2013 limits were incorrectly calculated and 
remanded the standards to the EPA. The recalculated MACT floors are a 
result of addressing deficiencies identified by the U.S. Sugar court 
and additionally by the NACWA decision on limited datasets. Second, we 
did not identify any beyond-the-floor options for these subcategories. 
We found that no biomass suspension burners or dry biomass stokers have 
been using the alternative TSM limit for compliance--all units have 
been complying with the PM limit. In addition, we found that no units 
have been subject to the PM limit in the Gas 2 subcategory and 
therefore have no information to conclude that additional reductions 
are achievable.
    In addition, we note that while these six recalculated limits are 
slightly less stringent than the 2013 limits, in practice they are not 
effectively different. Affected sources would install the same control 
technology to meet either the remanded or the recalculated emissions 
limits, despite the slight increase in the recalculated limits. 
Furthermore, no emissions increases are expected to result from 
finalizing less stringent units in these subcategories since no sources 
exist that are subject to the Gas 2 limit, or that are choosing to meet 
the alternative TSM limits.

C. Revisions to Output-Based Emission Limits

    In the proposed rule, the EPA re-calculated the corresponding 
output-based emission limits to update the limits in the fourth column 
of Tables 1 and 2 of the regulatory text. Revisions were not required 
for all the proposed emission limits due to rounding and the small 
amount of change in the corresponding input-based limit between the 
2013 limits and the limits in the proposed rule. The memorandum,

[[Page 60827]]

Alternate Equivalent Output-Based Emission Limits for Boilers and 
Process Heaters Located at Major Source Facilities--2019 Revision, 
which is available in the docket for this action, provides details of 
the output-based emission limit revisions and methodology.
    We received no comments on the proposed changes to the output-based 
standards. Therefore, we are finalizing the revisions to the output-
based emission limits as proposed. We have revised output-based 
emission limit calculations to reflect the changes made to the 
corresponding input-based emission limits for existing source biomass 
fluidized bed PM and new sources solid and liquid fuel HCl. The 
memorandum, Alternate Equivalent Output-Based Emission Limits for 
Boilers and Process Heaters Located at Major Source Facilities--2021 
Revision, which is available in the docket for this action, provides 
details of the output-based emission limit revisions since proposal.

D. CO as a Surrogate for Organic HAP

    On July 29, 2016, the D.C. Circuit issued its decision in U.S. 
Sugar Corp v. EPA, 830 F.3d 579. In that decision, the court remanded 
to the EPA to adequately explain how CO acts as a reasonable surrogate 
for non-dioxin/furan organic HAPs. To be reasonable, the emission 
standard set for the surrogate must reflect what the best similar 
source or the best 12 percent of sources in the relevant subcategory 
achieved with regard to the HAP. This requires the surrogate's 
emissions to share a close relationship with the emissions of the HAP. 
The court identified that one crucial factor for determining whether 
that close relationship exists is the availability of alternative 
control technologies that reduce the HAP emissions without impacting 
that of the surrogate or, conversely, reduce the surrogate emissions 
without impacting the HAP emissions. The court stated that the EPA 
could not conclude that CO acts as a reasonable surrogate in this 
statutory context without considering whether the best performing 
boilers might be using alternative control technologies and methods 
that reduce organic HAP emissions beyond what they achieve by reducing 
CO alone. The court asked that EPA address concerns raised in public 
comments that alternative control technologies might further lower HAP 
emissions.
    In response to this remand, the EPA provided further explanation to 
substantiate its finding that CO is an appropriate surrogate for non-
dioxin/furan organic HAP. In the proposed rule, the EPA noted that 
available control technologies for organic HAP emissions are either 
combustion devices or recovery devices. Combustion is the more commonly 
applied option for controlling organic HAP because it is capable of 
high removal (destruction) efficiencies and its effectiveness does not 
depend on the makeup of the organic HAP stream or the organic HAP 
concentration. Recovery devices are not applicable for all organic HAP 
and are not effective in treating low organic HAP concentration 
streams, i.e., the levels of concentrations seen in sources with good 
combustion practices.
    In the proposal, we indicated that none of the best-performing 
units employ an add-on, alternative control device that was installed 
for controlling emissions of either organic HAP or CO. While many 
industrial boilers and process heaters employ post combustion controls 
for particulate matter, acid gases, and/or mercury, these add on 
controls are not designed to affect emissions of either CO or non-
dioxin organic HAP. In any case, any add-on controls that are 
downstream of the combustion chamber of the boiler would be secondary 
controls that would only be effective (if at all) if the upstream 
primary control (the combustor) was ineffective. The presence of CO in 
the flue gas stream is an indicator of inefficient and incomplete 
combustion. The presence of non-dioxin organic HAP (or other organic 
compounds) in the flue gas stream would also be an indication that the 
upstream combustion process was inefficient and incomplete (i.e., 
perfectly complete combustion of an organic compound would result in 
only CO2 as a carbon-containing product). The best 
performing industrial boilers do not employ downstream controls for CO 
or non-dioxin organic HAP because the primary control (the combustor) 
is effectively destroying the non-dioxin organic HAP and downstream 
controls are not needed to achieve additional reductions. Minimum CO 
concentration in the flue gas stream is evidence of that the combustion 
process is efficient and effective. For these reasons, the Agency 
continued to conclude that CO is a reasonable surrogate for non-dioxin/
furan organic HAP.
    Comment: Commenters stated that not all organic HAP are products of 
incomplete combustion. Some organic HAP--such as polychlorinated 
biphenyls (PCBs) and polycyclic organic matter (POM)--can be present in 
the raw materials before combustion or can be generated outside the 
combustion unit or within the combustion unit but outside of the flame 
zone. In addition, different organic HAPs can be formed, destroyed, or 
reformed in various physical regions of diffusion flames and in 
different zones of premixed flames. Commenters stated that minimizing 
CO emissions will not minimize emissions of all organic HAP other than 
dioxins and furans because not all organic HAPs are formed or destroyed 
in combustion and post-combustion zones in the same fashion or like CO. 
The commenters further claimed that underlying formation and 
destruction of just CO in the simplest of situations involves several 
hundred reactions and tens of individual species are involved. The 
kinetics and thermodynamics become far more complex for other organic 
HAPs. Thus, the commenters argued, there is no basis in combustion 
science to presume that even any one organic HAP--much less all of them 
will behave similarly to CO. Specifically, the commenters claimed, 
pollutants like PCBs and POM/polycyclic aromatic hydrocarbon (PAH) will 
not be minimized by good combustion or through using a post-combustion 
oxidation catalyst.
    Response: We agree with the commenter that organic compounds--and 
perhaps even organic HAP--are present in the fuels (coal, biomass, etc) 
used in industrial boilers. With regard to the PCBs mentioned by the 
commenter, we note that PCBs are commonly known as ``dioxin-like'' 
organic compounds \25\ and their formation should similarly be limited 
by the work practice standards established for dioxins and furans. 
Regarding the POM/PAH mentioned by the commenter, these compounds are 
well known to be products of incomplete or inefficient (i.e., oxygen-
starved or fuel-rich) combustion.26 27 28 29 30 Similarly, 
CO is also the product of inefficient combustion. In an oxygen-rich 
environment, complete and efficient combustion will produce 
CO2 rather than CO. Regardless of whether organic HAP are 
present in the boiler's fuel before combustion, or whether they are 
generated within the combustion unit, all organic HAP would be 
destroyed under complete and efficient

[[Page 60828]]

combustion conditions. Therefore, the presence of organic HAP in the 
boiler emission flue gas stream would be the result of incomplete 
combustion and higher emissions of CO (relative to CO2) 
would be expected.
---------------------------------------------------------------------------

    \25\ ``Dioxins'' are often described as ``dioxins, furans, and 
dioxin-like compounds''.
    \26\ Serban C. Moldoveanu, in Pyrolysis of Organic Molecules 
(Second Edition), 2019.
    \27\ T.A. Abrajano Jr., V. O'Malley, in Treatise on 
Geochemistry, 2007.''
    \28\ Z. Fan, L. Lin, in Encyclopedia of Environmental Health 
(Second Edition), 2011.
    \29\ M. Huang, T.M. Penning, in Encyclopedia of Food Safety, 
2014.
    \30\ Tarek Saba, in Introduction to Environmental Forensics 
(Third Edition), 2015.
---------------------------------------------------------------------------

    We also disagree with the comment that minimizing CO emissions will 
not minimize emissions of all organic HAP other than dioxins and 
furans. The Agency agrees that combustion is complex and involves many 
reactions causing many different organic compounds to form and be 
themselves combusted to form other organic compounds. Combustion is the 
process of breaking apart the organic (i.e., carbon-containing) 
molecules in the fuel and converting them to CO2. Perfectly 
complete combustion would convert all the carbon in the fuel to 
CO2. Completeness of the combustion process is dependent on 
several variables, including the temperature, the amount of oxygen, and 
the mixing of the fuel and oxygen. Incomplete combustion results in 
production of partly broken down and partially oxidized organic 
compounds, including CO. Because the conversion of CO to CO2 
is a difficult step, and the last one in the destruction of 
hydrocarbons, including organic HAPs, the EPA concluded it is a good 
indicator of the completeness of combustion. Thus, decreasing levels of 
CO are correlated with increasing destruction of organic compounds 
until a threshold is reached where, because combustion of CO is the 
last step in combustion, the combustion of organic materials, including 
organic HAP, is essentially complete.
    Comment: One commenter noted that boilers are frequently the 
primary control devices under many new source performance standards 
(NSPS) and NESHAP standards for control of emission streams containing 
organic compounds. Typically, vent gases containing organic HAP 
emissions are sent to boilers or process heaters as supplemental fuel 
if they have sufficient heating value, and boilers and process heaters 
are accepted as emission control devices because performance testing 
routinely shows that they can provide organic destruction efficiencies 
of greater than 98 percent. Nearly all boilers and process heaters use 
monitoring of CO as a means to evaluate whether the device is 
performing effectively, and when CO increases, the unit is not 
efficiently oxidizing CO to CO2 and the organics are not 
being as effectively oxidized.
    Response: We agree with the commenter that boilers have frequently 
been identified as the best way of reducing emissions of organic 
compounds. Combustion devices, such as boilers, continue to be 
identified as the best control option available for reducing organic 
HAP from various industrial processes.\31\
---------------------------------------------------------------------------

    \31\ See, for example, 40 CFR part 63, subparts F, G, H, I, and 
FFFF.
---------------------------------------------------------------------------

    Comment: Commenters stated that organic HAP can be reduced not only 
through combustion controls but also through post-combustion controls 
such as fabric filters, wet scrubbers, and activated carbon injection 
(ACI). Commenters further stated that the EPA has found that ACI 
reduces emissions of all organic HAP by 80 to 90 percent. Commenters 
stated that this refutes the EPA's claims that the measures for 
controlling CO and organic HAP are the same.
    Response: The EPA agrees that some downstream control devices have 
the capacity to reduce organic emissions. However, such downstream 
control devices are only effective if the primary control device--the 
combustor itself--is not effectively destroying the organic HAP before 
it reaches the downstream controls. Further, the effectiveness of the 
post-combustion techniques identified by the commenter, unlike thermal 
oxidation, depends specifically on the organic HAP and on the 
concentration of the particular organic HAP. The commenter noted that 
the EPA has previously stated that POM/PAH that is emitted during 
combustion can be further reduced by various post-combustion controls, 
including fabric filters, wet scrubbers, and ACI. However, as discussed 
previously, POM/PAH compounds are the product of incomplete and 
inefficient combustion. Therefore, if the combustor is optimized for 
combustion--as indicated by its CO emissions--then POM/PAH production 
will be minimized, and the downstream control equipment will be 
unnecessary.
    We also disagree with the commenter that the EPA found that ACI 
reduces organic HAP emissions by 80 to 90 percent. The commenter is 
citing a telecommunication from an ACI vendor regarding organic HAP 
emissions from a sinter plant in the Integrated Iron and Steel 
Manufacturing source category, not a statement by EPA (85 FR 42090). In 
that action, for purposes of evaluating cost-effectiveness, the EPA 
assumed reductions at a level provided by the vendor but did not itself 
conclude that those reductions were achievable. The issue being 
addressed in the remand is whether the best performing units were using 
post-combustion controls that controlled organic HAP but did not 
control CO. None of the best performing boilers use an ACI system.

E. CO 130 PPM Threshold Emission Limits

    On March 16, 2018, the D.C. Circuit issued its decision in Sierra 
Club v. EPA, 884 F.3d 1185. In that decision, the court remanded the 
EPA's decision to set a limit of 130 ppm CO as a surrogate for non-
dioxin organic HAP for certain subcategories, asking the Agency to 
better explain its analysis supporting its decision. The court held 
that the EPA had not sufficiently explained its rationale and 
questioned EPA's reliance on data regarding the relationship between 
formaldehyde and organic HAP that the EPA had previously characterized 
as unreliable.
    The court noted that if the EPA made and adequately supported a 
determination that no further reduction of HAP would occur once CO 
levels had been reduced to 130 ppm, the threshold would be appropriate 
and consistent with the CAA. The court noted three specific issues it 
believed the Agency did not adequately address: (1) the EPA gave no 
reason why organic HAP emissions could not be further reduced once CO 
emissions reach 130 ppm, (2) the EPA relied on formaldehyde data to 
support its conclusion but elsewhere stated that the same data were not 
a reliable indicator of organic HAP emissions at very low levels, and 
(3) the EPA did not adequately explain why 130 ppm is the appropriate 
level if there is a non-zero CO level below which organic HAP levels 
cannot be further reduced.
    In response to this remand, the EPA provided further explanation to 
substantiate the 130 ppm threshold emission limit. In the proposed 
rule, we described the relationship that we previously found between CO 
and formaldehyde using the available data obtained during the 2013 
rulemaking. The paired data showed decreasing formaldehyde emissions 
with decreasing CO emissions down to CO levels around 300 ppm (with 
formaldehyde emissions down to less than 1 ppm). A slight increase in 
formaldehyde emissions, to between 1 and 2 ppm, was observed at CO 
levels below around 200 ppm, suggesting a breakdown in the CO-
formaldehyde relationship at low CO concentrations. At levels lower 
than 150 ppm, the mean levels of formaldehyde appeared to increase, as 
does the overall maximum value of and variability in formaldehyde 
emissions.
    In the proposed rule, we corroborated our observation that reducing 
CO emissions also resulted in a reduction of

[[Page 60829]]

formaldehyde emissions until a leveling off in formaldehyde reductions 
is reached after which further reduction of CO levels appeared to 
result in higher levels of formaldehyde emitted. The proposed rule 
described in detail two additional studies--the polycyclic aromatic 
hydrocarbons (PAH) study \32\ and the Multipollutant Control Research 
Facility (MPCRF) study \33\--that observed this same trend. In 
addition, in the proposed rule, we suggested a potential explanation 
for this observed trend. As has already been discussed, near complete 
combustion (as evidenced by very low CO concentration) is possible 
under an oxygen-rich environment. To achieve that oxygen-rich 
environment, excess combustion air must be provided to the burners. As 
the combustion process progresses, the increased combustion air can 
increase the turbulence and mixing within the boiler. This increased 
turbulence can result in some molecules of the reactants (i.e., the 
oxygen and organic HAP) being forced near the furnace walls which are 
somewhat colder than the combustion zone. This cooling, known as the 
``wall effect,'' may be sufficient to impact the combustion reaction, 
resulting in some organic HAP molecules that are not fully combusted, 
and thus emitted.
---------------------------------------------------------------------------

    \32\ Organic Atmospheric Pollutants: Polycyclic Hydrocarbons 
from Coal Atmospheric Fluidised Bed Combustion (AFBC), A.M Mastral, 
M.S. Callen, R. Murillo, and T. Garcia, Instituto de Carboquimica, 
1999.
    \33\ Surrogacy Testing in the MPCRF, Prepared for U.S. EPA by 
ARCADIS, March 30, 2011. See Docket ID Item No. EPA-HQ-OAR-2002-
0058-3942.
---------------------------------------------------------------------------

    In the 2013 rulemaking, we determined that there are no further 
reductions of organic HAP available below 130 ppm CO. This analysis 
relied on our paired CO-formaldehyde data, yet we also stated that the 
same data were not a reliable indicator of organic HAP emissions at 
very low levels. At that time, we were not aware of any reason why 
formaldehyde concentrations would increase as CO concentrations 
continue to decrease, indicating improved combustion conditions. Our 
thinking in 2013 was that imprecise formaldehyde measurements at low 
concentrations may have accounted for this slight increase in 
formaldehyde emissions observed at CO levels below 130 ppm. In the 
preamble of the 2013 final rule, we stated, ``[b]ased on this, we do 
not believe that such measurements are sufficiently reliable to use as 
a basis for establishing an emissions limit.'' 78 FR 7145. In that 
statement, we were referring to the formaldehyde measurements and, 
thus, to the decision to set a CO standard instead of a formaldehyde 
standard.
    Our evaluation of the PAH and MPRCRF studies revealed that the 
observed relationship in our CO-formaldehyde data was not due to 
imprecise or unreliable measurements, but in fact has been observed in 
other studies. Because the same CO-HAP relationship was presented in 
the PAH and MPCRF studies (i.e., that organic HAP levels decreased with 
decreasing CO levels until a leveling off and trending upward with 
further decreasing CO levels), we concluded in the proposed rule that 
our formaldehyde data used in establishing the 130 ppm CO standard was 
not imprecise or unreliable and could be explained by the wall effect 
described above. These studies, combined with the relationship found in 
our CO-formaldehyde data, support that there is a non-zero CO level 
below which organic HAP levels are not further reduced.
    Comment: One commenter opposed the EPA's claim that organic HAP are 
effectively nonexistent when CO levels are below 130 ppm. The commenter 
stated that the EPA's formaldehyde emissions data shows that there are 
significant formaldehyde emissions at CO levels below 130 ppm, at 2 ppm 
or more even with the limited data set available. The commenter also 
stated that the PAH study merely confirms that there are significant 
PAH emissions even at very high levels of excess air when CO levels 
would be expected to be very low. This data shows that gaseous PAH 
emissions actually increase with increasing excess air as it is 
increased from 20 percent to 40 percent--when CO levels would be 
dropping. The commenter further stated that the MPCRF study confirms 
that organic HAP emissions are not nonexistent when CO levels are at or 
below 130 ppm and that they are not correlated with CO.
    Response: We disagree with the commenter that the Sierra Club 
decision requires the EPA to demonstrate that organic HAP emissions are 
``nonexistent'' at the level of the CO standard. Rather, the court said 
that the standard based on a surrogate must be set at a level at which 
``the EPA can be confident that the targeted HAP emissions are reduced 
as far as possible or, indeed, eliminated entirely.'' Sierra Club, 884 
F.3d at 1195 (emphasis added). We agree with the commenter that organic 
HAP emissions can be non-zero when CO levels are below 130 ppm, but at 
that level, they are expected to be reduced to the greatest extent. Our 
CO-formaldehyde data for units operating at a CO concentration level 
below 130 ppm ranged from a measured high value of 2 ppm to a measured 
low value of 0.1 part per billion (ppb). The range of emissions from 
multiple tested units is expected due to inherent variability from 
unit-to-unit. In contrast, the data presented from the PAH and MPCRF 
studies were measured from a single unit (i.e., each study used a 
single boiler for the tests). The MPCRF study shows the same trend with 
formaldehyde levels increasing from 10 ppb, at 70 ppm CO, to 57 ppb, at 
40 ppm CO. The MPCRF study also shows that as the CO concentration 
levels at around 130 ppm, organic HAP, as a group, have been reduced to 
their minimum levels. Some of the organic HAP in the MPCRF study show 
the same trend as the PAH study and the EPA's CO-formaldehyde data. 
Some show no further reduction, but most of these also show a spike in 
concentration below 130 ppm CO. While some organic HAP did show further 
reduction, as stated earlier, as a group the organic HAP had been 
reduced to minimum levels by around 130 ppm. Based on the overall 
consideration of each of these organic HAP, we continue to conclude 
that there are no further reductions of organic HAP available below 130 
ppm CO.
    Comment: Commenters also disagreed with the EPA's statement that 
organic HAP cannot be further reduced when CO levels are below 130 ppm. 
The commenter stated that the EPA has recognized that all organic HAP 
emissions can be reduced with ACI, and some organic HAP emissions can 
also be reduced with other end-of-stack controls, including fabric 
filters and wet scrubbers.
    Response: The EPA disagrees with the comment that organic HAP can 
be further reduced when emitted from a boiler with CO levels below 130 
ppm. The level of organic HAP emitted, as indicated in the MPCRF study 
are in a range that is well below the inlet concentration of the post-
combustion controls used for other pollutants. As discussed in the 
proposal preamble, Figure 4-16 of the MPCRF study shows the 
concentration of phenol, an organic HAP, plotted against concentration 
of CO. CO concentrations ranged from 40 to 140 ppm, at 7-percent 
oxygen, with phenol concentrations ranging from 0.6 parts per billion 
(ppb) at 40 ppm CO to 1 ppb at 140-ppm CO with the lowest phenol 
concentration (0.5 ppb) measured at 95-ppm CO (120-ppm CO at 3-percent 
oxygen). Concentrations of conventional pollutants (e.g., 
NOX, SO2, PM) are present at much higher 
concentrations (ppm or vol% levels as opposed to ppb) at the inlet of 
their

[[Page 60830]]

respective controls devices (e.g., SCR, wet scrubber, fabric filter or 
ESP).\34\ Even mercury--which is a very low concentration pollutant 
that is not controlled by upstream combustion--is often present in 
concentrations of approximately 10 ppb at the inlet of the control 
devices and at a concentrations of approximately 1 ppb at the exit. 
Fixed-bed activated carbon adsorption units can be sized for 
controlling VOC-containing streams at concentrations as low as several 
ppb in the case of some toxic chemicals. However, while fixed-bed 
activated carbon adsorbers can be sized to treat low concentrations 
(several ppb) of VOC-containing gas streams, they can also introduce 
considerable pressure drop across the system resulting in additional 
electricity used by the system fans, which must be appropriately sized 
to overcome the pressure drop through the carbon beds. Therefore, we 
maintain that the quantity of organic HAPs being emitted below CO 
levels of 130 ppm is not susceptible to further control.
---------------------------------------------------------------------------

    \34\ U.S. EPA. EPA Air Pollution Control Cost Manual. Sixth 
Edition. January 2002. EPA/452/B-02-001.
---------------------------------------------------------------------------

    Furthermore, we disagree that all organic HAP emissions can be 
reduced with ACI and note that the commenter is citing a quote from an 
ACI vendor and not a statement from the EPA, as explained above. The 
effectiveness of ACI for air pollutant control is related to contact 
between a sorbent particle and a molecule of pollutant. The higher the 
concentration of the air pollutant--whether that be mercury or organic 
HAP--the more effective the pollutant is removed via adsorption to the 
carbon surface. As the concentration of the pollution decreases, the 
likelihood of contact between a pollutant molecule and a carbon sorbent 
particle declines significantly; and the effectiveness is diminished. 
Similar to the results that were observed for mercury, low inlet 
concentrations of organic HAP will result in a similar impact on 
control efficiency using ACI. In fact, none of the best performing 
organic HAP units are using ACI because those units are more 
effectively reducing organic HAP through combustion. It also is 
important to note that combustion devices, such as boilers, are among 
the best controls available for reducing organic HAP from various 
industrial processes.

F. New Source Definition

    Several commenters requested that the EPA revise its definition of 
``new source'' to base the determination of which sources must meet 
revised new source standards to only those sources that constructed or 
reconstructed after the EPA's 2020 proposed action for this final rule. 
The EPA disagrees that this is compelled by the statutory language and 
believes this final rule reflects a reasonable approach in these 
particular circumstances.
    One commenter refers to the EPA's part 63 General Provisions 
regulations, which state that ``[a] new affected source for which 
construction commences after proposal of a relevant standard is subject 
to relevant standards for new affected sources, including compliance 
dates.'' 40 CFR 63.5(b)(1). The EPA disagrees that the statutory and 
regulatory provisions the commenter refers to are relevant here, or 
that those provisions override the statutory definition of ``new 
source,'' which is expressly based on the date EPA ``first proposes'' 
an emissions standard that applies to the source. See also 40 CFR 63.2 
(defining ``new source'' in same manner). In fact, the different 
definition of ``new source'' in section 111 to which the commenter also 
refers only underscores the fact that Congress specifically defined 
``new source'' in section 112 to be based on the ``first'' proposal of 
an emissions standard, rather than the more general ``proposed 
regulations'' found in section 111. Similarly, the other provisions the 
commenter refers to are not dispositive here. First, the General 
Provisions regulations the commenter refers to address pre-construction 
review requirements (40 CFR 63.5) and define ``emissions standard'' to 
mean ``a national standard, limitation, prohibition, or other 
regulation'' issued under section 112 (40 CFR 63.2). Neither of these 
provisions addresses the question here--whether the EPA must always re-
define new sources when it revises a MACT standard. Similarly, the 
statutory definition of ``emission standard'' contains nothing that 
addresses whether the definition of ``new source'' under section 112 
changes every time the EPA proposes to revise a MACT standard (CAA 
section 302(k)).
    The EPA agrees that section 112(i)(2) does not address the 
commenter's request. That provision allows for a longer compliance 
period for new sources where the EPA's proposed standards are less 
stringent than the standards in the final rule. The commenter further 
claims that Congress did not address a situation where the EPA proposes 
to revise an emissions standard ten years after its first proposal of 
standards, and notes that this time period is even longer than the 
periodic review timeframe of 8 years. The commenter also claims that 
the EPA did not establish the definition of ``new source'' based on the 
arguably ``first'' proposal of MACT standards in 2003, and that the 
Agency has therefore conceded that ``first proposes'' can mean a 
subsequent proposal. The EPA believes its approach in the final rule is 
a reasonable application of the definition of ``new source'' in this 
particular circumstance. The MACT standards promulgated in 2004 were 
vacated by the D.C. Circuit in an opinion in which the court stated 
that it expected the reissued standards to change significantly based 
on a fundamental error the EPA made in defining which sources were 
subject to section 112 emissions standards and which sources were 
subject to section 129 emissions standards. NRDC v. EPA, 489 F.3d 1250 
(D.C. Cir. 2007). Since the vacatur voided the standards entirely, and 
restored the status quo ante, there was arguably no proposal remaining 
after the vacatur. In response to the NRDC decision, the EPA undertook 
an entirely new rulemaking to replace the vacated standards, including 
an extensive data collection effort and, importantly, a new MACT floor 
calculation methodology. 76 FR 15608. In that circumstance, it is 
reasonable to consider the EPA as having ``first proposed'' an emission 
standard applicable to these sources in the replacement rulemaking.\35\ 
Here, in contrast, the U.S. Sugar court upheld the UPL methodology the 
EPA used to set the MACT floor standards in another part of its 
opinion.\36\ Where the EPA is undertaking an entirely new process to 
establish ``an emission standard'' applicable to a source, it is 
reasonable to interpret the definition of ``new source'' as applying 
based on the date when the EPA ``first proposes'' that new standard. 
However, where the Agency is simply recalculating emissions standards 
based on the same data and

[[Page 60831]]

same methodology, it is reasonable to treat the prior standard as EPA's 
``first proposal'' of ``an emission standard'' for those sources.
---------------------------------------------------------------------------

    \35\ The EPA notes that no commenter raised this issue in the 
2011 rulemaking which was issued to replace the vacated 2004 
standards, and it was not addressed in the record for the rule.
    \36\ As part of its review of standards affected by U.S. Sugar, 
the EPA also considered the court's prior decision in NACWA v. EPA, 
where the court remanded EPA's UPL methodology for further 
explanation based in part of the ``anomalous result'' the court 
found based on the UPL calculation for certain new source standards 
at a level that was less stringent than the UPL calculation for 
existing source standards. The EPA's subsequent explanation of the 
UPL methodology was upheld in U.S. Sugar, and it is appropriate for 
the Agency to consider standards where that ``anomalous result'' 
occurred and correct the calculation in those circumstances. For the 
new source solid fuel HCl standard, the EPA has done that through 
the application of its UPL methodology as applied to small data 
sets. The EPA's ``small data sets'' UPL approach was upheld by the 
D.C. Circuit in Sierra Club v. EPA, 895 F.3d 1 (2018).
---------------------------------------------------------------------------

    One commenter claims that the EPA's proposed revised HCl standard 
for new source solid fuel units is significantly more stringent than 
the standard vacated by the U.S. Sugar court, and the significant 
change in stringency demonstrates that the EPA is using a new 
methodology which represents a ``drastic new approach'' that sources 
which constructed or reconstructed after the 2010 proposal could not 
have foreseen. Contrary to the commenter's assertion, the EPA is not 
applying a new methodology to revise the standards in this action. 
Rather, the EPA is simply correcting the error the court identified in 
how the Agency selected the best performing sources for each 
subcategory affected by the decision. It is not collecting any 
additional information or undertaking a wholesale revision of the 
standards. The fact that one standard became significantly more 
stringent does not mean the EPA has revised its methodology--it has 
not. Both the previous standard and the new standard were calculated 
using the UPL methodology.\37\ Moreover, in its grant of rehearing on 
remedy, the court explained that it was remanding rather than vacating 
the standards affected by its holding because vacating the standards 
would remove important environmental protections while the EPA reissued 
the standards. U.S. Sugar Corp. v. EPA, 844 F.3d 268 (2016). It would 
be contrary to the court's purpose in revising its remedy to remand, 
rather than vacate, the emissions standards for the EPA to use the fact 
that its original standards were found to be inconsistent with the Act 
as a way to allow sources to meet less stringent standards.
---------------------------------------------------------------------------

    \37\ The commenter claims that the solid fuel HCl standard for 
new sources was not vacated by the U.S. Sugar court and therefore 
EPA is not revising the standard based on that decision, but for 
other reasons. However, as noted above, as part of its review of 
standards affected by the U.S. Sugar remand on this issue, the EPA 
also applied its ``small data sets'' UPL memorandum where 
appropriate.
---------------------------------------------------------------------------

    Some commenters also pointed to other EPA rulemakings under 
sections 112 and 129 and requested that EPA take the approaches in 
those actions rather than the proposed approach. The EPA is basing its 
decision in this action on the facts and circumstances of this 
rulemaking, consistent with relevant provisions of CAA section 112. In 
the other actions that the commenters refer to, the circumstances were 
different and warranted a different approach. For example, the revision 
of EPA's Hospital/Medical/Infectious Waste Incinerator (HMIWI) 
standards in 2009 involved the collection of additional emissions 
information and a wholesale revision of the standards, unlike this 
action.\38\ Further, actions taken to adopt MACT standards in the 
context of the EPA's risk and technology reviews under sections 
112(d)(6) and (f)(2) also generally involve the calculation of new 
standards based on information that was not previously used in MACT 
calculations.
---------------------------------------------------------------------------

    \38\ The EPA notes that the definition of ``new solid waste 
incineration unit'' in section 129(g)(2), which was adopted in the 
1990 CAAA, does not contain any reference to EPA's ``first'' 
proposal of applicable standards.
---------------------------------------------------------------------------

    Commenters also express concern that the cost of compliance with 
the revised new source HCl standard for solid fuel units could be 
significant. One commenter refers to a specific unit constructed in 
2016 which the commenter claims will need to add controls in order to 
meet the revised new source solid fuel HCl standard. The commenter 
claims that this renders the revised standard a ``beyond-the-floor'' 
MACT standard, and the EPA must therefore consider costs before 
adopting the revised standard. The EPA disagrees. The commenter 
conflates the two-step MACT standard-setting process in section 
112(d)(2) and (d)(3). Under section 112(d)(3), the EPA's MACT standard 
can be no less stringent than the average emissions limitation achieved 
by the best performing twelve percent of sources in the subcategory, 
for existing sources, and the emissions limitation achieved by the best 
performing similar source, for new sources. It is well-established 
that, in setting these MACT floor standards, the EPA cannot consider 
the cost of achieving reductions. National Lime Ass'n. v. EPA, 233 F.3d 
625 (D.C. Cir. 2000) (minimum stringency MACT floor requirements apply 
without regard to costs). This action addresses the D.C. Circuit's 
remand of certain MACT floor standards, and it is those floor standards 
that EPA is recalculating in a manner that is consistent with the 
court's decision. The fact that one particular recalculated standard 
may require sources to incur costs to comply does not transform the 
standard into a ``beyond-the-floor'' standard, and to do so would 
ignore the statute's clear directive establishing a minimum level of 
emissions reductions below which the MACT standard cannot be set, 
regardless of cost. Moreover, virtually all sources constructed or 
reconstructed after the 2010 proposal are in fact meeting the revised 
HCl standard and will therefore not incur any compliance costs.
    Finally, contrary to commenters' assertions, the EPA is not 
applying a new standard retroactively. Every source affected by these 
revised limits has 3 years to come into compliance with the revised 
standards following promulgation, regardless of construction date. The 
commenter does not explain how the revised standard is a retroactive 
standard, except to state that a source that was constructed in 2016 
could not have foreseen that the EPA would subsequently revise 
standards to make them more stringent. Section 112(a) defines ``new 
source'' based on when EPA ``first proposes'' an emissions standard for 
a source, and, as explained above, in this particular circumstance it 
is reasonable to consider EPA's 2010 proposal as the date when the 
Agency ``first proposed'' an emissions standard for these sources. In 
addition, the EPA is revising the standards to respond to the D.C. 
Circuit's remand in U.S. Sugar, and it was reasonable to assume, once 
that remand was issued, that revised standards would in some cases be 
more stringent than the remanded standards.

G. Approval for CO2 in Lieu of O2 Monitoring for CO CEMS Compliance 
Calculations

    The current version of this regulation contains language which 
details how facilities that seek to monitor CO2 in lieu of 
oxygen as part of their CEMS used to demonstrate compliance with the CO 
emission limits in this subpart must have this approach approved as an 
alternative method before doing so. In the proposed rule, we took 
comment on replacing the requirement to have approval of an alternative 
test method with a required methodology to be followed when monitoring 
CO2 in lieu of oxygen as the diluent for CO which would 
account for any changes in CO2 emission levels caused by a 
control device, etc. We further proposed removing several requirements 
for the continuous monitoring of moisture and flow which we found to be 
unnecessary.
    Commenters supported the proposal to modify the requirement to 
obtain the Administrator's approval and allow this change to become 
self-implementing. Commenters further agreed with the EPA's proposal to 
remove requirements for the continuous monitoring of moisture and flow 
which were found to be unnecessary.
    We are finalizing these provisions as proposed. Some commenters 
requested that we remove the requirements for continuous monitoring of 
moisture and flow when CO2 measurements do not require these 
values for compliance

[[Page 60832]]

calculations. We believe the revisions accommodate the removal of 
moisture and flow when a dry CO2 analyzer is used, obviating 
the need to make any additional changes to the rule language.

IV. Results and Final Decisions

A. What are the resulting changes to emission limits?

    Based on all of the revisions made to address the remand related to 
ranking and assessing co-fired units in the MACT floor calculations, 
the changes made for UPL calculations for small datasets, the decisions 
to propose certain limits as beyond-the-floor limits, and consideration 
of public comments, we are finalizing revisions to 34 different 
emission limits. The detailed list of revisions to unit rankings and 
revised MACT floor calculations are presented in the docketed 
memorandums, Revised MACT Floor Analysis (2019) for the Industrial, 
Commercial, and Institutional Boilers and Process Heaters National 
Emission Standards for Hazardous Air Pollutants--Major Source and 
Revised MACT Floor Analysis (2021) for the Industrial, Commercial, and 
Institutional Boilers and Process Heaters National Emission Standards 
for Hazardous Air Pollutants--Major Source. Of these 34 emission 
limits, 28 of the limits are more stringent than the corresponding 
limits in the 2013 final rule. Six of the limits are modestly less 
stringent, with no more than a 25-percent change from the corresponding 
limit in the 2013 final rule. The final limits are shown in Table 4, 
along with corresponding limits from the 2013 final rule.

                       Table 4--Summary of Changes to Emission Limits in the Final Action
----------------------------------------------------------------------------------------------------------------
                                                                             2013 final rule
                                                                              emission limit    Revised emission
                                                                            (lb/MMBtu of heat   limit (lb/MMBtu
                        Subcategory                            Pollutant    input or ppm at 3-  of heat input or
                                                                              percent oxygen    ppm at 3-percent
                                                                                 for CO)         oxygen for CO)
----------------------------------------------------------------------------------------------------------------
New--Solid................................................             HCl            2.2E-02            2.1E-04
New--Dry Biomass Stoker...................................             TSM            4.0E-03            5.0E-03
New--Biomass Fluidized Bed................................              CO                230                130
New--Biomass Fluidized Bed................................              PM            9.8E-03            4.1E-03
                                                                     (TSM)          (8.3E-05)          (8.4E-06)
New--Biomass Suspension Burner............................              CO              2,400                220
New--Biomass Suspension Burner............................             TSM            6.5E-03            8.0E-03
New--Biomass Hybrid Suspension Grate......................              CO              1,100                180
New--Biomass Dutch Oven/Pile Burner.......................              PM            3.2E-03            2.5E-03
New--Biomass Fuel Cell....................................              PM            2.0E-02            1.1E-02
New--Wet Biomass Stoker...................................              CO                620                590
New--Wet Biomass Stoker...................................              PM               0.03              0.013
New--Liquid...............................................             HCl            4.4E-04            1.5E-04
New--Heavy Liquid.........................................              PM            1.3E-02            1.9E-03
                                                                     (TSM)          (7.5E-05)          (6.4E-06)
New--Process Gas..........................................              PM            6.7E-03            7.3E-03
Existing--Solid...........................................             HCl            2.2E-02            2.0E-02
Existing--Solid...........................................              Hg            5.7E-06            5.4E-06
Existing--Coal............................................              PM            4.0E-02            3.9E-02
Existing--Coal Stoker.....................................              CO                160                150
Existing--Dry Biomass Stoker..............................             TSM            4.0E-03            5.0E-03
Existing--Wet Biomass Stoker..............................              CO              1,500              1,100
Existing--Wet Biomass Stoker..............................              PM            3.7E-02            3.4E-02
                                                                     (TSM)          (2.4E-04)          (2.0E-04)
Existing--Biomass Fluidized Bed...........................              CO                470                210
Existing--Biomass Fluidized Bed...........................              PM            1.1E-01            7.4E-03
                                                                     (TSM)          (1.2E-03)          (6.4E-05)
Existing--Biomass Suspension Burners......................              PM            5.1E-02            4.1E-02
                                                                     (TSM)          (6.5E-03)          (8.0E-03)
Existing--Biomass Dutch Oven/Pile Burner..................              PM            2.8E-01            1.8E-01
Existing--Liquid..........................................              Hg            2.0E-06            7.3E-07
Existing--Heavy Liquid....................................              PM            6.2E-02            5.9E-02
Existing--Non-Continental Liquid..........................              PM            2.7E-01            2.2E-01
Existing--Process Gas.....................................              PM            6.7E-03            7.3E-03
----------------------------------------------------------------------------------------------------------------

B. What compliance dates are we finalizing?

    We are finalizing that facilities have up to 3 years after the 
effective date of the final rule to comply with the revised emissions 
limits in this final rule. Before this date, facilities must continue 
to comply with the rule as it was finalized in 2015. This allowance is 
being made considering that some facilities may require additional add-
on controls or monitoring equipment to be designed, purchased, and 
installed in order to meet the more stringent emission limits, or to 
modify the method of compliance based on the changes in emission 
limits. In addition, units will require lead time to prepare and 
execute their testing plans to demonstrate compliance with the revised 
emission limits and to update reports to incorporate the revised 
emission limits.

C. What other actions are we finalizing?

    We proposed a number of technical corrections to correct 
inadvertent errors that were promulgated in the 2013 and 2015 final 
rules. Public commenters also noted several additional technical 
corrections to correct additional errors in the final rule. In 
addition, we are removing the references to the date of

[[Page 60833]]

future final performance specifications for HCl CEMS because PS 18, the 
Performance Specifications for Gaseous Hydrogen Chloride, and Procedure 
6, the Quality Assurance Requirements for Gaseous Hydrogen Chloride 
(HCl) Continuous Emission Monitoring Systems Used for Compliance 
Determination at Stationary Sources, were promulgated on July 7, 2017 
at 80 FR 38628. The technical corrections we are finalizing are 
summarized in Table 5.

   Table 5--Finalized Technical Corrections to 40 CFR Part 63, Subpart
                                  DDDDD
------------------------------------------------------------------------
     Section of subpart DDDDD             Description of correction
------------------------------------------------------------------------
40 CFR 63.7500(a).................  Revise this paragraph to remove the
                                     comma after ``paragraphs (b).''
40 CFR 63.7521(c)(1)(ii)..........  Revise this paragraph to remove the
                                     requirement to collect samples
                                     during the test period at 1-hour
                                     intervals.
40 CFR 63.7525(l) and 40 CFR        Remove the references to a date of a
 63.7540(a)(15).                     final performance specification for
                                     HCl CEMS.
40 CFR 63.7530(b)(4)(iii).........  Revise this paragraph to remove the
                                     sentence regarding establishing the
                                     pH operating limit because
                                     establishing the pH operating limit
                                     is not required for a PM wet
                                     scrubber.
40 CFR 63.7540(a)(9)..............  Revise this paragraph to clarify
                                     that ``certify'' is intended to
                                     apply only to PM CEMS, not PM
                                     continuous parameter monitoring
                                     systems (CPMS) because PM CPMS do
                                     not have a performance
                                     specification.
40 CFR 63.7575....................  Revise the definition of ``Other gas
                                     1 fuel'' to clarify that it is the
                                     maximum Hg concentration of 40
                                     micrograms/cubic meter of gas.
                                    Add definition of ``12-month rolling
                                     average'' to clarify that the
                                     previous 12 months must be
                                     consecutive but not necessarily
                                     continuous.
                                    Revise paragraph (4) of definition
                                     ``Steam output'' to correct
                                     ``heaters'' to ``headers.''
Table 1...........................  Revise the output limit in item 8.a
                                     to correct for a rounding error,
                                     the value is now 4.3E-01 lb per
                                     MMBtu instead of 4.2E-01 lb per
                                     MMBtu.
                                    Remove footnote ``a'' from item 12b
                                     for the TSM limit for fuel cell
                                     units designed to burn biomass/bio-
                                     based solids.
                                    Add footnote ``a'' to item 1a for
                                     the solid fuel HCl limit, item 14a
                                     for the liquid fuel HCl limit, and
                                     item 15b for the light liquid fuel
                                     TSM limit.
Table 2...........................  Removed footnote ``a'' for item 14b
                                     for the liquid fuel mercury
                                     emission limit and 16b for light
                                     liquid PM emission limit.
Table 7...........................  Revise footnote ``b'' to clarify
                                     that when multiple performance
                                     tests are conducted, the maximum
                                     operating load is the lower of the
                                     maximum values established during
                                     the performance tests.
Table 8...........................  Revise item 8.d to clarify that the
                                     correct equations to use are
                                     Equations 15 and Equations 16, 17,
                                     and/or 18 in 40 CFR 63.7530.
Table 14..........................  Remove footnote ``a'' from item 12b
                                     for the TSM limit for fuel cell
                                     units designed to burn biomass/bio-
                                     based solids.
                                    Add footnote ``a'' to item 15b for
                                     the light liquid fuel TSM limit.
Table 15..........................  Removed footnote ``a'' for item 14b
                                     for the liquid fuel mercury
                                     emission limit and 16b for light
                                     liquid PM emission limit.
------------------------------------------------------------------------

V. Summary of Cost, Environmental, and Economic Impacts

A. What are the affected sources?

    According to CEDRI data through December 31, 2020, there are 577 
boilers and process heaters, of which 485 remain operational and belong 
in one of the subcategories that are subject to numeric emission 
limits.\39\ This count excludes any boilers that are no longer 
operational, boilers that have refueled and switched to the natural gas 
subcategory and are, therefore, no longer impacted by changes to 
emission limits, or boilers that are classified as small or limited 
use. Of these units, we estimate that 54 units (individual boilers or 
process heaters) will incur cost or emissions impacts due to these 
final amendments. In addition, the EPA estimates that an additional six 
biomass boilers or process heaters will be constructed and subject to 
the revised emission limits over the next 8 years.
---------------------------------------------------------------------------

    \39\ EPA notes that it considered compliance information from 
CEDRI for the purpose of evaluating costs and impacts of this 
action, in order to ensure that the actual costs of compliance are 
accurately reflected. For the reasons explained elsewhere, the 
Agency did not consider emissions data in CEDRI to recalculate the 
MACT floor standards affected by the D.C. Circuit remand in U.S. 
Sugar. The MACT ``floor'' is the minimum control level allowed for 
MACT standards promulgated under CAA section 112(d)(3) and may not 
be based on cost considerations.
---------------------------------------------------------------------------

B. What are the air quality impacts?

    Table 6 of this preamble shows the incremental emissions reductions 
that we estimate these final amendments will achieve. The reductions 
are incremental to the reductions accounted for in the 2013 final rule. 
Nationwide emissions of selected HAP (i.e., HCl, hydrogen fluoride, Hg, 
and metals) would be reduced by an additional 117 tpy as compared to 
the estimates in the 2013 final rule. This increase is due mainly to 
changes to certain emission limits that are anticipated to achieve 
additional reductions. We estimate the final amendments will result in 
an additional 110 tpy of reductions in HCl emissions. We estimate that 
the final amendments will have a modest effect on Hg, with an estimated 
additional reduction of 7.5 lbs per year. Emissions of filterable PM 
are estimated to decrease by 586 tpy, of which 446 tpy is 
PM2.5, due to this final action. Emissions of non-Hg metals 
(i.e., arsenic, beryllium, cadmium, chromium, lead, manganese, nickel, 
and selenium) are estimated to decrease by 4.1 tpy. Estimates of 
reductions in antimony and cobalt were not quantified and are expected 
to be small. In addition, the final amendments are estimated to result 
in 1,141 tpy of reductions in SO2 emissions. A discussion of 
the methodology used to estimate emissions, emissions reductions, and 
incremental emission reductions is presented in the memorandum, Revised 
(2021) Methodology for Estimating Impacts for Industrial, Commercial, 
Institutional Boilers and Process Heaters National Emission Standards 
for Hazardous Air Pollutants, which is available in the docket for this 
action.

[[Page 60834]]



                        Table 6--Summary of Total Emissions Reductions for the Final Rule
                                                 [Tons per year]
----------------------------------------------------------------------------------------------------------------
                                                                                   Non-Hg metals
            Source                 Subcategory          HCl             PM              \1\             Hg
----------------------------------------------------------------------------------------------------------------
Exiting Units.................  Coal............            44.1            54.4            0.12        2.12E-03
                                Biomass.........            13.6             521             3.8        1.65E-03
New Units.....................  Biomass.........            52.3             9.9            0.14               0
----------------------------------------------------------------------------------------------------------------
\1\ Arsenic, beryllium, cadmium, chromium, lead, manganese, nickel, and selenium.

C. What are the cost impacts?

    We estimated the total capital costs of the final amendments to be 
about $201 million and the total annualized costs to be about $49.6 
million in 2016 dollars. The total capital and annual costs include 
costs for control devices, testing, and monitoring associated with the 
changes to the emission limits. These costs are incremental to the 
costs presented in the 2013 final rule in the sense that they show 
where units with compliance data must install add-on controls or modify 
compliance strategies in order to meet the more stringent limits in 
this final action. Table 7 shows the total capital and annual cost 
impacts of the final rule for each subcategory. The cost methodology 
and results are documented in the memorandum, Revised (2021) 
Methodology for Estimating Impacts for Industrial, Commercial, 
Institutional Boilers and Process Heaters National Emission Standards 
for Hazardous Air Pollutants, which is available in the docket for this 
action.

   Table 7--Summary of Total Capital and Annual Costs for Affected New and Existing Sources for the Final Rule
----------------------------------------------------------------------------------------------------------------
                                                                                    Testing and
                                                     Estimated                      monitoring
                                                     number of     Capital costs    annualized      Annualized
            Source                 Subcategory    affected units     (millions         costs      cost (millions
                                                    incurring a       2016$)         (millions       2016$/yr)
                                                       cost                          2016$/yr)
----------------------------------------------------------------------------------------------------------------
Existing Units................  Coal............               5             8.0           0.057             2.1
                                Biomass.........              33           149.5           0.511            35.1
New Units.....................  Biomass.........              11            43.3           0.043            12.3
----------------------------------------------------------------------------------------------------------------

    Another way to present compliance costs is the present value (PV). 
A PV is an estimate of costs that is a discounted stream of the 
annualized costs for the final action calculated for the present day. 
The PV in 2016 of the costs is $265 million at a discount rate of 7 
percent and $315 million at a discount rate of 3 percent. Calculated as 
an EAV, which is consistent with the PV of costs in 2016, the costs are 
$44 million at a discount rate of 7 percent and $45 million at a 
discount rate of 3 percent. These estimates are also in 2016 dollars. 
More information on the PV and EAV estimates can be found in the RIA 
for this final action which is available in the docket.

D. What are the secondary impacts?

    The EPA estimated the additional water usage that would result from 
installing wet scrubbers to meet the amended emission limits for HCl 
would be 0.75 million gallons per year for new and existing sources 
compared to the 2013 baseline. In addition to the increased water 
usage, an additional 0.29 million gallons per year of wastewater will 
be produced for new and existing sources. The annual costs of treating 
the additional wastewater are approximately $1,920. These additional 
costs are accounted for in the control cost estimates.
    The EPA estimated the additional solid waste that would result due 
to the final amendments to be 1,540 tpy for new and existing sources. 
Solid waste is generated from flyash and dust captured in fabric 
filters and electrostatic precipitators (ESP) installed for PM and Hg 
controls as well as from spent materials from wet scrubbers and sorbent 
injection systems installed for additional HCl controls. The costs of 
handling the additional solid waste generated are approximately 
$73,900. These costs are also accounted for in the control costs 
estimates.
    The EPA estimated the final amendments would result in an increase 
of about 74.4 million kilowatts per year in national energy usage from 
the electricity required to operate control devices, such as wet 
scrubbers, ESPs, and fabric filters which are expected to be installed 
to meet the revised emission limits. This energy requirement is 
estimated to result in an increase of approximately 32,910 tpy 
CO2 based on emissions related to additional energy 
consumption.
    A discussion of the methodology used to estimate impacts is 
presented in the Revised (2021) Methodology for Estimating Impacts for 
Industrial, Commercial, Institutional Boilers and Process Heaters 
National Emission Standards for Hazardous Air Pollutants, which is 
available in the docket for this action.

E. What are the economic impacts?

    The EPA conducted an economic impact analysis for this final rule, 
as detailed in the Regulatory Impact Analysis for the ICI Boilers 
NESHAP Final Amendments, which is available in the docket for this 
action. The economic impacts are calculated as the percentage of total 
annualized costs incurred by affected parent owners to their annual 
revenues. This ratio of total annualized costs to annual revenues 
provides a measure of the direct economic impact to parent owners of 
affected facilities while presuming no passthrough of costs to 
consumers of output produced by these facilities. Of 30 parent owners 
affected by this final rule, two of them will incur total annualized 
costs of 1 percent or greater of their revenues. The median total 
annualized cost of sales for affected parent owners is less than 0.01 
percent. While two parent owners may experience substantial economic 
impacts as a result of complying with

[[Page 60835]]

this final rule, neither one is a small business according to Small 
Business Administration (SBA) guidelines. Overall, based on these 
estimated impacts, we can conclude that the economic impacts are 
relatively low for the affected entities and the multiple affected 
industries, and consumers of affected output should experience 
relatively low price changes.

F. What are the benefits?

    There are no monetized benefits from the HAP emissions reductions 
directly regulated under this action due to lack of necessary input 
data. However, the EPA reports the estimated impact on health benefits 
from changes in PM2.5 and SO2 emissions that 
occur as a result of this final rule. The estimated health benefits are 
the monetized value of the human health benefits among populations 
exposed to changes in PM2.5. This rule is expected to alter 
the emissions of PM2.5 (and SO2). Due to the 
small change in emissions expected, we used the ``benefit per ton'' 
(BPT) approach to estimate the benefits of this rulemaking. The EPA has 
applied this approach in several previous RIAs \40\ in which the 
economic value of human health impacts is derived at the national level 
based on previously established source-receptor relationships from 
photochemical air quality modeling.\41\ These BPT estimates provide the 
total monetized human health benefits (the sum of PM-attributable 
premature deaths and premature morbidity) of reducing 1 ton of 
PM2.5 (or PM2.5 precursor such as SO2) 
from a specified source. Since proposal of this rule, the EPA has 
updated its BPT estimates to include state level estimates specifically 
for the Industrial Boiler sector. The method used to derive these 
estimates is described in the Technical Support Document on Estimating 
the Benefit per Ton of Reducing Directly-Emitted PM2.5, PM2.5 
Precursors and Ozone Precursors from 21 Sectors and its precursors from 
21 sectors.\42\ One limitation of using the BPT approach is an 
inability to provide estimates of the health benefits associated with 
exposure to HAP (HCl, for example), CO, or nitrogen dioxide. The 
photochemical modeled emissions of the industrial point source sector-
attributable PM2.5 concentrations used to derive the BPT 
values may not match the change in air quality resulting from the 
emissions controls.
---------------------------------------------------------------------------

    \40\ U.S. EPA. Regulatory Impact Analysis for the Federal 
Implementation Plans to Reduce Interstate Transport of Fine 
Particulate Matter and Ozone in 27 States; Correction of SIP 
Approvals for 22 States. June 2011; Regulatory Impact Analysis for 
the Final Mercury and Air Toxics Standards, December 2011; and 
Regulatory Impact Analysis for the Particulate Matter National 
Ambient Air Quality Standards; December 2012.
    \41\ Fann N, Fulcher CM, Hubbell BJ. The influence of location, 
source, and emission type in estimates of the human health benefits 
of reducing a ton of air pollution. Air Qual Atmos Health. 
2009;2(3):169-176. doi:10.1007/s11869-009-0044-0.
    \42\ U.S. EPA. 2021. Technical Support Document (BPT TSD) on 
Estimating the Benefit per Ton of Reducing Directly-Emitted 
PM2.5, PM2.5 Precursors and Ozone Precursors 
from 21 Sectors and its precursors from 21 sectors. Technical 
Support Document. Available at: https://www.epa.gov/benmap/reduced-form-tools-calculating-pm25-benefits.
---------------------------------------------------------------------------

    Specifically, all national-average BPT estimates reflect the 
geographic distribution of the modeled emissions, which may not exactly 
match the emission reductions that would occur due to rulemaking, and 
they may not reflect local variability in population density, 
meteorology, exposure, baseline health incidence rates, or other local 
factors for any specific location. The new BPT estimates developed for 
the Industrial Boiler sector in 2021 developed state-level estimates 
that addressed some of the limitations of the national analysis. Given 
the use of state level, sector specific air quality modeling and the 
small changes in emissions considered in this rulemaking, the 
difference in the quantified health benefits that result from the BPT 
approach compared with those obtained using a full-form air quality 
model should be minimal.
    Table 8 summarizes the monetized PM related health benefits per ton 
in the states where units with emission reductions are located, using 
discount rates of 3 percent and 7 percent. Table 9 summarizes the 
monetized SO2-related health benefits per ton of reducing 
precursor pollutant emissions in the states where units with emission 
reductions are located, using discount rates of 3 and 7 percent.

                         Table 8--Estimated PM2.5-Related Benefits per Ton of Final Rule
----------------------------------------------------------------------------------------------------------------
                                                    Benefit per     Benefit per     Benefit per     Benefit per
                      State                         ton low (3%     ton low (7%    ton high (3%    ton high (7%
                                                  discount rate)  discount rate)  discount rate)  discount rate)
----------------------------------------------------------------------------------------------------------------
CA..............................................        $503,000        $452,000        $510,000        $459,000
FL..............................................         140,000         126,000         141,000         127,000
GA..............................................         151,000         136,000         156,000         141,000
LA..............................................         117,000         105,000         123,000         110,000
ME..............................................          48,200          43,400          50,500          45,500
MI..............................................         259,000         233,000         262,000         236,000
NC..............................................         171,000         154,000         173,000         156,000
OK..............................................         103,000          92,600         106,000         95,8000
TN..............................................         227,000         204,000         235,000         212,000
WI..............................................         148,000         133,000         156,000         140,000
----------------------------------------------------------------------------------------------------------------


                          Table 9--Estimated SO2-Related Benefits per Ton of Final Rule
----------------------------------------------------------------------------------------------------------------
                                                    Benefit per     Benefit per     Benefit per     Benefit per
                      State                         ton low (3%     ton low (7%    ton high (3%    ton high (7%
                                                  discount rate)  discount rate)  discount rate)  discount rate)
----------------------------------------------------------------------------------------------------------------
AL..............................................         $50,600         $45,500         $52,100         $46,900
AR..............................................          42,300          38,100          43,000          38,700
FL..............................................          45,600          41,000          46,400          41,800
IL..............................................          54,800          49,300          55,300          51,300
MI..............................................          56,000          50,300          57,000          49,800

[[Page 60836]]

 
NC..............................................          45,300          40,700          45,600          41,000
TX..............................................          14,900          13,400          15,100          13,600
VA..............................................          53,400          48,100          54,100          48,700
WA..............................................          20,300          18,300          20,800          18,700
----------------------------------------------------------------------------------------------------------------


     Table 10--Annual Emissions Reductions of PM2.5 and SO2 by State
------------------------------------------------------------------------
                                            Emission reductions (tons)
                  State                  -------------------------------
                                               PM2.5            SO2
------------------------------------------------------------------------
AL......................................  ..............              26
AR......................................  ..............            <0.1
CA......................................              33  ..............
FL......................................              17             557
GA......................................              10  ..............
IL......................................  ..............             306
LA......................................              27  ..............
ME......................................               5  ..............
MI......................................               4              41
NC......................................               2             179
OK......................................             257  ..............
TN......................................              40  ..............
TX......................................  ..............               1
VA......................................  ..............              31
WA......................................  ..............               2
WI......................................              51  ..............
------------------------------------------------------------------------

    Table 10 above provides the annual emissions reductions of 
PM2.5 and SO2 by state. Table 11 summarizes the 
range of estimated benefits of these annual emission reductions by 
pollutant for the two benefit per ton estimates at discount rates of 3 
percent and 7 percent.

                 Table 11--Estimated PM2.5 and SO2-Related Annual Health Benefits of Final Rule
                                               [Millions of 2016$]
----------------------------------------------------------------------------------------------------------------
                                                   Benefits low    Benefits low    Benefits high   Benefits high
                    Pollutant                      (3% discount    (7% discount    (3% discount    (7% discount
                                                       rate)           rate)           rate)           rate)
----------------------------------------------------------------------------------------------------------------
PM2.5...........................................             $68             $62             $68             $62
SO2.............................................              55              50              56              51
                                                 ---------------------------------------------------------------
    Total.......................................             123             112             124             113
----------------------------------------------------------------------------------------------------------------

    There are also climate disbenefits from the increase in 
CO2 emissions that result from the increase in national 
energy use from control device operation. We estimate the social 
disbenefits of CO2 emission increases expected from this 
final rule using the SC-CO2 estimates presented in the 
Technical Support Document: Social Cost of Carbon, Methane, and Nitrous 
Oxide Interim Estimates under Executive Order 13990.\43\ We have 
evaluated the SC-CO2 estimates in the February 2021 TSD and 
have determined that these estimates are appropriate for use in 
estimating the social value of CO2 emission changes expected 
from this final rule as part of fulfilling analytical guidance with 
respect to E.O. 12866. These SC-CO2 estimates are interim 
values developed for use in benefit-cost analyses until an improved 
estimate of the impacts of climate change can be developed based on the 
best available science and economics.
---------------------------------------------------------------------------

    \43\ Interagency Working Group on Social Cost of Greenhouse 
Gases (IWG). 2021. Technical Support Document: Social Cost of 
Carbon, Methane, and Nitrous Oxide Interim Estimates under Executive 
Order 13990. February. United States Government. Available at: 
https://www.whitehouse.gov/briefing-room/blog/2021/02/26/a-return-to-science-evidence-based-estimates-of-the-benefits-of-reducing-climate-pollution/.
---------------------------------------------------------------------------

    Table 12 shows the estimated monetary value of the estimated 
changes in CO2 emissions expected to occur for the final 
rule. For 2022-2024, no changes in CO2 emissions occur since 
the control technologies included in the cost analysis mentioned in the 
Cost Methodology memo for the final rule are not expected to begin 
operation until 3 years after the effective date of the final rule, or 
2025. Hence, there are no climate disbenefits for these 3 years. In 
2025, the EPA estimated the dollar value of the CO2-related 
effects by applying the SC-CO2 estimates, included in the 
RIA's benefits chapter, to the estimated changes in CO2

[[Page 60837]]

emissions in the corresponding year under the final rule.\44\ The EPA 
calculated the present value and annualized benefits from the 
perspective of 2020 by discounting each year-specific value to the year 
2020 using the same discount rate used to calculate the SC-
CO2.\45\
---------------------------------------------------------------------------

    \44\ CO2 emissions increases above the baseline as a 
result of the modeled policy are first expected in 2025, as control 
technologies applied in response to the final rule first begin 
operation in that year, and those emissions increase remain at that 
level afterwards, according to the cost analysis for this rule.
    \45\ According to OMB's Circular A-4, an ``analysis should focus 
on benefits and costs that accrue to citizens and residents of the 
United States'', and international effects should be reported 
separately. Circular A-4 also reminds analysts that ``[d]ifferent 
regulations may call for different emphases in the analysis, 
depending on the nature and complexity of the regulatory issues.'' 
To correctly assess the total climate damages to U.S. citizens and 
residents, an analysis must account for all the ways climate impacts 
affect the welfare of U.S. citizens and residents, how U.S. GHG 
mitigation activities affect mitigation activities by other 
countries, and spillover effects from climate action elsewhere. The 
SC-CO2 estimates used in regulatory analysis under 
revoked E.O. 13783, including in the RIA for the proposed rule, were 
an approximation of some of the U.S.-specific climate damages from 
GHG emissions (e.g., $7/mtCO2 (2016 dollars) using a 3% 
discount rate for emissions occurring in 2025). Applying the same 
estimate (based on a 3% discount rate) to the CO2 
emissions expected under the final rule would yield disbenefits from 
climate impacts of $0.2 million (2016 dollars) in 2025. However, as 
discussed at length in the February 2021 TSD, these estimates are an 
underestimate of the damages of CO2 emissions accruing to 
U.S. citizens and residents, as well as being subject to a 
considerable degree of uncertainty due to the manner in which they 
are derived. In particular, the estimates developed under revoked 
E.O. 13783 did not capture significant regional interactions, 
spillovers, and other effects and so are incomplete underestimates. 
As the U.S. Government Accountability Office (GAO) concluded in a 
June 2020 report examining the SC-GHG estimates developed under E.O. 
13783, the models ``were not premised or calibrated to provide 
estimates of the social cost of carbon based on domestic damages''. 
U.S. Government Accountability Office (GAO). 2020. Social Cost of 
Carbon: Identifying a Federal Entity to Address the National 
Academies' Recommendations Could Strengthen Regulatory Analysis. 
GAO-20-254. Further, the report noted that the National Academies 
found that country-specific social costs of carbon estimates were 
``limited by existing methodologies, which focus primarily on global 
estimates and do not model all relevant interactions among 
regions''. It is also important to note that the SC-GHG estimates 
developed under E.O. 13783 were never peer reviewed, and when their 
use in a specific regulatory action was challenged, the U.S. 
District Court for the Northern District of California determined 
that use of those values had been ``soundly rejected by economists 
as improper and unsupported by science,'' and that the values 
themselves omitted key damages to U.S. citizens and residents 
including to supply chains, U.S. assets and companies, and 
geopolitical security. The Court found that by omitting such 
impacts, those estimates ``fail[ed] to consider . . . important 
aspect[s] of the problem'' and departed from the ``best science 
available'' as reflected in the global estimates. California v. 
Bernhardt, 472 F. Supp. 3d 573, 613-14 (N.D. Cal. 2020). The EPA 
continues to center attention in this regulatory analysis on the 
global measures of the SC-GHG as the appropriate estimates and as 
necessary for all countries to use to achieve an efficient 
allocation of resources for emissions reduction on a global basis, 
and so benefit the U.S. and its citizens.

                                     Table 12--Estimated Climate Disbenefits From Changes in CO2 Emissions for 2025
                                                                 [Millions of 2016$] \a\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                               Discount rate and statistic
---------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                             3% 95th
                                                                           Year          5% average       3% average      2.5% average      percentile
--------------------------------------------------------------------------------------------------------------------------------------------------------
Final Rule.........................................................            2025              0.5              1.7              2.5              5.2
--------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ Climate disbenefits are based on changes (reductions) in CO2 emissions and are calculated using four different estimates of the social cost of
  carbon (SC-CO2) (model average at 2.5 percent, 3 percent, and 5 percent discount rates; 95th percentile at 3 percent discount rate). We emphasize the
  importance and value of considering the disbenefits calculated using all four SC-CO2 estimates. As discussed in the Technical Support Document: Social
  Cost of Carbon, Methane, and Nitrous Oxide Interim Estimates under Executive Order 13990, a consideration of climate benefits calculated using
  discount rates below 3 percent, including 2 percent and lower, are also warranted when discounting intergenerational impacts.

    The climate disbenefits associated with the additional 32,910 short 
tons (or 29,855 metric tons) per year of CO2 emissions 
generated as a result of the requirements of this final rule are 
therefore $1.7 million at a 3 percent discount rate, and range from 
$0.5 million at a 2.5 percent discount rate to $5.2 million at a 3 
percent discount rate (95th percentile), all in 2016 dollars.\46\ These 
disbenefits are estimated for 2025, the year of full implementation of 
this final rule (3 years after the effective date) using the interim 
social cost of carbon (SC-CO2) for 2025 as shown in Table 12 
to be consistent with the year for the PM2.5 and 
SO2 BPTs applied to generate those monetized benefits 
presented earlier in section V.F.\47\
---------------------------------------------------------------------------

    \46\ In order to calculate these values, it is necessary to 
convert tons (short) of emissions to metric tons. These values may 
be converted to $/short ton using the conversion factor 0.90718474 
metric tons per short ton for application to the short ton 
CO2 emissions impacts provided in this rulemaking. Hence, 
32,910 short tons of emissions become 29,855 metric tons (tonnes) of 
emissions.
    \47\ These SC-CO2 values are stated in $/metric ton 
CO2 and rounded to the nearest dollar. Such a conversion 
does not change the underlying methodology, nor does it change the 
meaning of the SC-CO2 estimates. For both metric and 
short tons denominated SC-CO2 estimates, the estimates 
vary depending on the year of CO2 emissions and are 
defined in real terms, i.e., adjusted for inflation using the Gross 
Domestic Product (GDP) implicit price deflator.
---------------------------------------------------------------------------

    These disbenefits are included in the estimates of benefits and net 
benefits for this final rule. The benefit analysis for this final rule, 
which includes PV and EAV estimates for the benefits and net benefits, 
is detailed in the Regulatory Impact Analysis for the ICI Boilers and 
Process Heaters NESHAP Final Amendments, which is available in the 
docket for this action.

G. What analysis of environmental justice did we conduct?

    Executive Order 12898 directs the EPA to identify the populations 
of concern who are most likely to experience unequal burdens from 
environmental harms; specifically, minority populations, low-income 
populations, and indigenous peoples (59 FR 7629, February 16, 1994). 
Additionally, Executive Order 13985 was signed to advance racial equity 
and support underserved communities through Federal government actions 
(86 FR 7009, January 20, 2021). The EPA defines environmental justice 
(EJ) as the fair treatment and meaningful involvement of all people 
regardless of race, color, national origin, or income with respect to 
the development, implementation, and enforcement of environmental laws, 
regulations, and policies. The EPA further defines the term fair 
treatment to mean that ``no group of people should bear a 
disproportionate burden of environmental harms and risks, including 
those resulting from the negative environmental consequences of 
industrial, governmental, and commercial operations or programs and 
policies'' (https://www.epa.gov/environmentaljustice). In recognizing 
that minority and low-income

[[Page 60838]]

populations often bear an unequal burden of environmental harms and 
risks, the EPA continues to consider ways of protecting them from 
adverse public health and environmental effects of air pollution.
    To examine the potential for any EJ issues that might be associated 
with the source category, we performed a demographic analysis, which is 
an assessment of individual demographic groups of the populations 
living within 5 kilometers (km) and within 50 km of facilities with 
affected sources.\48\ The EPA then compared the data from this analysis 
to the national average for each of the demographic groups.
---------------------------------------------------------------------------

    \48\ Note that many facilities have more than one affected 
boiler or process heater.
---------------------------------------------------------------------------

    The results of the demographic analysis indicate that, for 
populations within 5 km of the facilities in the source category, the 
percent minority population (being the total population minus the white 
population) is smaller than the national average (36 percent versus 40 
percent). Within minorities, the percent of the population that is 
African American, Other and Multiracial, and Native American are 
similar to the national averages. The percent of the population that is 
Hispanic or Latino is below the national average (14 percent versus 19 
percent). The percent of people living below the poverty level was 
higher than the national average (18 percent versus 13 percent). The 
percent of people living in linguistic isolation was less than the 
national average. The results of the analysis of populations within 50 
km of the facilities in the source category were similar to the 5 km 
analysis, with the exception of the percent of the population living 
below the poverty level and the percent of the population over 25 
without a high school diploma, which were closer to the national 
averages.
    The EPA believes the human health or environmental risk addressed 
by this action will not have potential disproportionately high and 
adverse human health or environmental effects on minority, low-income, 
or indigenous populations, as specified in Executive Order 12898 (59 FR 
7629, February 16, 1994). Nationwide emissions of selected HAP (i.e., 
HCl, hydrogen fluoride, Hg, and metals) would be reduced by an 
additional 117 tpy as compared to the estimates in the 2013 final rule. 
We estimate the final amendments will result in an additional 110 tpy 
of reductions in HCl emissions, and 7.5 lbs per year of Hg. Emissions 
of filterable PM are estimated to decrease by 586 tpy, of which 446 tpy 
is PM2.5. Emissions of non-Hg metals (i.e., arsenic, 
beryllium, cadmium, chromium, lead, manganese, nickel, and selenium) 
are estimated to decrease by 4.1 tpy. In addition, the final amendments 
are estimated to result in 1,141 tpy of reductions in SO2 
emissions. A breakdown of emissions reductions by facility is presented 
in Appendix C of the memorandum, Revised (2021) Methodology for 
Estimating Impacts for Industrial, Commercial, Institutional Boilers 
and Process Heaters National Emission Standards for Hazardous Air 
Pollutants, which is available in the docket for this action. This 
final rule increases the level of environmental protection for all 
affected populations, without having any disproportionately high and 
adverse human health or environmental effects on any population, 
including any minority, low-income, or indigenous populations.
    A summary of the proximity demographic assessment performed for 
Industrial, Commercial, and Institutional Boilers and Process Heaters 
facilities is included as Table 13. The methodology and the results of 
the demographic analysis are presented in a technical report, Analysis 
of Demographic Factors for Populations Living Near Industrial, 
Commercial, and Institutional Boilers and Process Heaters, available in 
this docket for this action (Docket ID EPA-HQ-OAR-2002-0058).

                               Table 13--Proximity Demographic Assessment Results
----------------------------------------------------------------------------------------------------------------
                                                                                    Population
                                                                                   within 50 km     Population
                        Demographic group                           Nationwide         of 40      within 5 km of
                                                                                    facilities     40 facilities
----------------------------------------------------------------------------------------------------------------
Total Population................................................     328,016,242      14,889,295         635,825
                                                                 -----------------------------------------------
                                                                           White and Minority by Percent
                                                                 -----------------------------------------------
White...........................................................             60%             65%             64%
Minority........................................................             40%             35%             36%
                                                                 -----------------------------------------------
                                                                                Minority by Percent
                                                                 -----------------------------------------------
African American................................................             12%             14%             13%
Native American.................................................            0.7%            0.5%            0.8%
Hispanic or Latino (includes white and nonwhite)................             19%             13%             14%
Other and Multiracial...........................................              8%              7%              8%
                                                                 -----------------------------------------------
                                                                                 Income by Percent
                                                                 -----------------------------------------------
Below Poverty Level.............................................             13%             14%             18%
Above Poverty Level.............................................             87%             86%             82%
                                                                 -----------------------------------------------
                                                                               Education by Percent
                                                                 -----------------------------------------------
Over 25 and without a High School Diploma.......................             12%             12%             14%
Over 25 and with a High School Diploma..........................             88%             88%             86%
                                                                 -----------------------------------------------
                                                                        Linguistically Isolated by Percent
                                                                 -----------------------------------------------

[[Page 60839]]

 
Linguistically Isolated.........................................              5%              3%              4%
----------------------------------------------------------------------------------------------------------------
Notes:
 The nationwide population count and all demographic percentages are based on the Census' 2015-2019
  American Community Survey five-year block group averages and include Puerto Rico. Demographic percentages
  based on different averages may differ. The total population counts within 5 km and 50 km of all facilities
  are based on the 2010 Decennial Census block populations.
 Minority population is the total population minus the white population.
 To avoid double counting, the ``Hispanic or Latino'' category is treated as a distinct demographic
  category for these analyses. A person is identified as one of five racial/ethnic categories above: White,
  African American, Native American, Other and Multiracial, or Hispanic/Latino. A person who identifies as
  Hispanic or Latino is counted as Hispanic/Latino for this analysis, regardless of what race this person may
  have also identified as in the Census.

VI. Statutory and Executive Order Reviews

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

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

    This action is an economically significant regulatory action that 
was submitted to OMB for review. Any changes made in response to OMB 
recommendations have been documented in the docket. The RIA contains 
the estimated costs, benefits, and other impacts associated with this 
action, and it is available in the docket.

B. Paperwork Reduction Act (PRA)

    The new information collection activities in this rule have been 
submitted for approval to OMB under the PRA. The Information Collection 
Request (ICR) document that the EPA prepared has been assigned EPA ICR 
number 2028.12. OMB Control Number 2060-0551. You can find a copy of 
the ICR in the docket for this rule, and it is briefly summarized here.
    The information requirements are based on notification, 
recordkeeping, and reporting requirements in the NESHAP General 
Provisions (40 CFR part 63, subpart A), which are mandatory for all 
operators subject to national emission standards. These recordkeeping 
and reporting requirements are specifically authorized by section 114 
of the CAA (42 U.S.C. 7414). All information submitted to the EPA 
pursuant to the recordkeeping and reporting requirements for which a 
claim of confidentiality is made is safeguarded according to agency 
policies set forth in 40 CFR part 2, subpart B.
    The final amendments changed several emission limits as part of the 
EPA's response to the remand granted on December 23, 2016, by the D.C. 
Circuit. The changes resulted in more stringent emission limits in some 
cases, which is expected to require additional recordkeeping and 
reporting burden. This increase is a result of additional monitoring 
and control devices anticipated to be installed to comply with the more 
stringent emission limits in the amendments. With additional control 
devices, comes additional control device parametric monitoring, or in 
the case of CO, continuous emissions monitoring, and the associated 
records of that monitoring that must be maintained on-site and 
reported. Over the next 3 years, approximately 34 respondents operating 
existing large solid fuel-fired boilers and 5 respondents operating new 
solid fuel-fired boilers will be impacted by the new requirements under 
the standard as a result of these amendments. In addition to the costs 
to install and maintain records of additional monitoring equipment, the 
ICR details other additional recordkeeping and reporting burden 
changing records associated with adjusting operating parameter limit 
values, modifying monitoring plans, and familiarizing themselves with 
the changes in the final amendments.
    Respondents/affected entities: Owners or operators of ICI boilers 
and process heaters.
    Respondent's obligation to respond: Mandatory, 40 CFR part 63.
    Estimated number of respondents: 39.
    Frequency of response: Semi-annual, annual, periodic.
    Total estimated burden: 1,553 hours (per year). Burden is defined 
at 5 CFR 1320.3(b).
    Total estimated cost: $1,130,000 (per year), includes $949,000 
annualized capital or operation and maintenance costs.
    An agency may not conduct or sponsor, and a person is not required 
to respond to, a collection of information unless it displays a 
currently valid OMB control number. The OMB control numbers for the 
EPA's regulations in 40 CFR are listed in 40 CFR part 9.

C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic 
impact on a substantial number of small entities under the RFA. Of the 
30 entities (ultimate parent entities, all but two being in the private 
sector) determined to be impacted by this action, two are small 
entities. Of these two small entities, none is expected to incur any 
costs as a result of compliance with this action. More information on 
these small entity impacts is available in the RIA.

D. Unfunded Mandates Reform Act (UMRA)

    This action contains a Federal mandate under UMRA, 2 U.S.C. 1531-
1538, that may result in expenditures of $100 million or more for 
state, local, and tribal governments, in the aggregate, or the private 
sector in any one year. Accordingly, the EPA has prepared a written 
statement required under section 202 of UMRA. The statement is included 
in the RIA for this final rule that is in the docket for this action. 
This action is not subject to the requirements of section 203 of UMRA 
because it contains no regulatory requirements that might significantly 
or uniquely affect small governments.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have 
substantial direct effects on the states, on the relationship between 
the national government and the states, or on the distribution of power 
and responsibilities among the various levels of government.

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

    This action does not have tribal implications as specified in 
Executive

[[Page 60840]]

Order 13175. It will not have substantial direct effects on tribal 
governments, on the relationship between the federal government and 
Indian tribes, or on the distribution of power and responsibilities 
between the federal government and Indian tribes, as specified in 
Executive Order 13175. Thus, Executive Order 13175 does not apply to 
this action.

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

    This action is not subject to Executive Order 13045 because the EPA 
does not believe the environmental health risks or safety risks 
addressed by this action present a disproportionate risk to children. 
This action's health and risk assessments are contained in the RIA.

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

    This action is not a ``significant energy action'' because it is 
not likely to have a significant adverse effect on the supply, 
distribution or use of energy. The energy impacts estimated for this 
action increased only slightly the energy impacts estimated for the 
March 21, 2011, final rule which was concluded not to be a significant 
regulatory action under Executive Order 13211. Therefore, we conclude 
that this final rule is not likely to have a significant adverse effect 
on the supply, distribution, or use of energy.

I. National Technology Transfer and Advancement Act (NTTAA) and 1 CFR 
Part 51

    This action does not involve any new technical standards from those 
contained in the March 21, 2011, final rule. Therefore, the EPA did not 
consider the use of any voluntary consensus standards. See 76 FR 15660-
15662 for the NTTAA discussion in the March 21, 2011, final rule. The 
EPA is, however, formalizing the incorporation of one technical 
standard that was already incorporated in 40 CFR 63.14 as well as in 
several existing tables in 40 CFR part 63, subpart DDDDD. This standard 
is 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). This method, 
which describes the measurement of particle-bound, oxidized, elemental, 
and total mercury in stationary-source flue gases provides data that 
can be used for emissions assessments and reporting as well as the 
certification of continuous mercury monitoring systems. It describes 
equipment and procedures for obtaining samples of mercury from effluent 
ducts and stacks, for laboratory analysis, and for calculating results. 
It is applicable for sampling elemental, oxidized, and particle-bound 
mercury in flue gases of coal-fired stationary sources. It may not be 
suitable at all measurement locations, particularly those with high 
particulate loadings. Method applicability is limited to flue gas 
stream temperatures within the thermal stability range of the sampling 
probe and filter components. The standard is available to the public 
for free viewing online in the Reading Room section on ASTM's website 
at https://www.astm.org/READINGLIBRARY/. Hardcopies and printable 
versions are also available for purchase from ASTM. Additional 
information can be found at https://www.astm.org/products-services/standards-and-publications.html.

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

    The EPA believes that this action does not have disproportionately 
high and adverse human health or environmental effects on minority 
populations, low-income populations, and/or indigenous peoples, as 
specified in Executive Order 12898 (59 FR 7629, February 16, 1994). The 
documentation for this decision is contained in a technical report, 
Analysis of Demographic Factors for Populations Living Near Industrial, 
Commercial, and Institutional Boilers and Process Heaters, available in 
this docket for this action (Docket ID EPA-HQ-OAR-2002-0058).

K. Congressional Review Act (CRA)

    This action is subject to the CRA, and the EPA will submit a rule 
report to each House of the Congress and to the Comptroller General of 
the United States. This action is a ``major rule'' as defined by U.S.C. 
804(2).

List of Subjects in 40 CFR Part 63

    Environmental protection, Air pollution control, Hazardous 
substances, Incorporation by reference, Reporting and recordkeeping 
requirements.

Michael S. Regan,
Administrator.

    For the reasons stated in the preamble, 40 CFR part 63 is amended 
as follows:

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

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

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

Subpart A--General Provisions

0
2. Section 63.14 is amended by revising paragraph (h)(103) to read as 
follows:


Sec.  63.14  Incorporations by reference.

* * * * *
    (h) * * *
    (103) 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.  63.2465(d); 
63.11646(a); and 63.11647(a) and (d); and tables 1, 2, 5, 11, 12t, 13, 
14, and 15 to subpart DDDDD; tables 4 and 5 to subpart JJJJJ; tables 4 
and 6 to subpart KKKKK; table 5 to subpart UUUUU; appendix A to subpart 
UUUUU; and table 4 to subpart JJJJJJ.
* * * * *

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

0
3. Section 63.7500 is amended by revising paragraphs (a) introductory 
text, (a)(1), (c), and (e) to read as follows:


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

    (a) You must meet the requirements in paragraphs (a)(1) through (3) 
of this section, except as provided in paragraphs (b) through (e) of 
this section. You must meet these requirements at all times the 
affected unit is operating, except as provided in paragraph (f) of this 
section.
    (1) You must meet each emission limit and work practice standard in 
Tables 1 through 3 and 11 through 15 to this subpart that applies to 
your boiler or process heater, for each boiler or process heater at 
your source, except as provided under Sec.  63.7522. The output-based 
emission limits, in units of pounds per million Btu of steam output, in 
Table 1 or 2 to this subpart are an alternative applicable only to 
boilers and process heaters that generate either steam, cogenerate 
steam with electricity,

[[Page 60841]]

or both. The output-based emission limits, in units of pounds per 
megawatt-hour, in Table 1 or 2 to this subpart are an alternative 
applicable only to boilers that generate only electricity. Boilers that 
perform multiple functions (cogeneration and electricity generation) or 
supply steam to common headers would calculate a total steam energy 
output using Equation 1 of Sec.  63.7575 to demonstrate compliance with 
the output-based emission limits, in units of pounds per million Btu of 
steam output, in Table 1 or 2 to this subpart. If you operate a new 
boiler or process heater, you can choose to comply with alternative 
limits as discussed in paragraphs (a)(1)(i) through (iv) of this 
section, but on or after October 6, 2025, you must comply with the 
emission limits in Table 1 to this subpart. If you operate an existing 
boiler or process heater, you can choose to comply with alternative 
limits as discussed in paragraph (a)(1)(v) of this section, but on or 
after October 6, 2025 you must comply with the emission limits in Table 
2 to this subpart.
    (i) If your boiler or process heater commenced construction or 
reconstruction after June 4, 2010, and before May 20, 2011, you may 
comply with the emission limits in Table 11 or 14 to this subpart until 
January 31, 2016.
    (ii) If your boiler or process heater commenced construction or 
reconstruction on or after May 20, 2011, and before December 23, 2011, 
you may comply with the emission limits in Table 12 or 14 to this 
subpart until January 31, 2016.
    (iii) If your boiler or process heater commenced construction or 
reconstruction on or after December 23, 2011, and before April 1, 2013, 
you may comply with the emission limits in Table 13 or 14 to this 
subpart until January 31, 2016.
    (iv) If you operate a new boiler or process heater, you must comply 
with either the emission limits in Table 1 to this subpart or the 
emission limits in Table 14 to this subpart until you must comply with 
the emission limits in Table 1.
    (v) If you operate an existing boiler or process heater, you must 
comply with either the emission limits in Table 2 to this subpart or 
the emission limits in Table 15 to this subpart until you must comply 
with the emission limits in Table 2.
* * * * *
    (c) Limited-use boilers and process heaters must complete a tune-up 
every 5 years as specified in Sec.  63.7540. They are not subject to 
the emission limits in Tables 1 and 2 or Tables 11 through 15 to this 
subpart, the annual tune-up, or the energy assessment requirements in 
Table 3 to this subpart, or the operating limits in Table 4 to this 
subpart.
* * * * *
    (e) Boilers and process heaters in the units designed to burn gas 1 
fuels subcategory with a heat input capacity of less than or equal to 5 
million Btu per hour must complete a tune-up every 5 years as specified 
in Sec.  63.7540. Boilers and process heaters in the units designed to 
burn gas 1 fuels subcategory with a heat input capacity greater than 5 
million Btu per hour and less than 10 million Btu per hour must 
complete a tune-up every 2 years as specified in Sec.  63.7540. Boilers 
and process heaters in the units designed to burn gas 1 fuels 
subcategory are not subject to the emission limits in Tables 1 and 2 or 
Tables 11 through 15 to this subpart, or the operating limits in Table 
4 to this subpart.
* * * * *

0
4. Section 63.7505 is amended by revising paragraph (c) to read as 
follows:


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

* * * * *
    (c) You must demonstrate compliance with all applicable emission 
limits using performance stack testing, fuel analysis, or continuous 
monitoring systems (CMS), including a continuous emission monitoring 
system (CEMS), continuous opacity monitoring system (COMS), continuous 
parameter monitoring system (CPMS), or particulate matter continuous 
parameter monitoring system (PM CPMS), where applicable. You may 
demonstrate compliance with the applicable emission limit for hydrogen 
chloride (HCl), mercury, or total selected metals (TSM) using fuel 
analysis if the emission rate calculated according to Sec.  63.7530(c) 
is less than the applicable emission limit. For gaseous fuels, you may 
not use fuel analyses to comply with the TSM alternative standard or 
the HCl standard. Otherwise, you must demonstrate compliance for HCl, 
mercury, or TSM using performance stack testing, if subject to an 
applicable emission limit listed in Table 1 or 2 or Tables 11 through 
15 to this subpart.
* * * * *

0
5. Section 63.7510 is amended by revising paragraphs (a) introductory 
text, (b), (c), (f), and (j) to read as follows:


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

    (a) For each boiler or process heater that is required or that you 
elect to demonstrate compliance with any of the applicable emission 
limits in Table 1 or 2 or Tables 11 through 15 to this subpart through 
performance (stack) testing, your initial compliance requirements 
include all the following:
* * * * *
    (b) For each boiler or process heater that you elect to demonstrate 
compliance with the applicable emission limits in Table 1 or 2 or 
Tables 11 through 15 to this subpart for HCl, mercury, or TSM through 
fuel analysis, your initial compliance requirement is to conduct a fuel 
analysis for each type of fuel burned in your boiler or process heater 
according to Sec.  63.7521 and Table 6 to this subpart and establish 
operating limits according to Sec.  63.7530 and Table 8 to this 
subpart. The fuels described in paragraphs (a)(2)(i) and (ii) of this 
section are exempt from these fuel analysis and operating limit 
requirements. The fuels described in paragraph (a)(2)(ii) of this 
section are exempt from the chloride fuel analysis and operating limit 
requirements. Boilers and process heaters that use a CEMS for mercury 
or HCl are exempt from the performance testing and operating limit 
requirements specified in paragraph (a) of this section for the HAP for 
which CEMS are used.
    (c) If your boiler or process heater is subject to a carbon 
monoxide (CO) limit, your initial compliance demonstration for CO is to 
conduct a performance test for CO according to Table 5 to this subpart 
or conduct a performance evaluation of your continuous CO monitor, if 
applicable, according to Sec.  63.7525(a). Boilers and process heaters 
that use a CO CEMS to comply with the applicable alternative CO CEMS 
emission standard listed in Table 1 or 2 or Tables 11 through 15 to 
this subpart, as specified in Sec.  63.7525(a), are exempt from the 
initial CO performance testing and oxygen concentration operating limit 
requirements specified in paragraph (a) of this section.
* * * * *
    (f) For new or reconstructed affected sources (as defined in Sec.  
63.7490), you must complete the initial compliance demonstration with 
the emission limits no later than July 30, 2013, or within 180 days 
after startup of the source, whichever is later.
    (1) If you are demonstrating compliance with an emission limit in 
Tables 11 through 13 to this subpart that is less stringent than the 
applicable

[[Page 60842]]

emission limit in Table 14 to this subpart, you must demonstrate 
compliance with the applicable emission limit in Table 14 no later than 
July 29, 2016.
    (2) If you are demonstrating compliance with an emission limit in 
Table 14 to this subpart that is less stringent than the applicable 
emission limit in Table 1 to this subpart, you must demonstrate 
compliance with the applicable emission limit in Table 1 no later than 
October 6, 2025.
* * * * *
    (j) For existing affected sources (as defined in Sec.  63.7490) 
that have not operated between the effective date of the rule and the 
compliance date that is specified for your source in Sec.  63.7495, you 
must complete the initial compliance demonstration, if subject to the 
emission limits in Table 2 or 14 to this subpart, as applicable, as 
specified in paragraphs (a) through (d) of this section, no later than 
180 days after the re-start of the affected source and according to the 
applicable provisions in Sec.  63.7(a)(2) as cited in Table 10 to this 
subpart. You must complete an initial tune-up by following the 
procedures described in Sec.  63.7540(a)(10)(i) through (vi) no later 
than 30 days after the re-start of the affected source and, if 
applicable, complete the one-time energy assessment specified in Table 
3 to this subpart, no later than the compliance date specified in Sec.  
63.7495.
* * * * *

0
6. Section 63.7515 is amended by revising paragraphs (b), (c), (e), 
(g), and (i) to read as follows:


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

* * * * *
    (b) If your performance tests for a given pollutant for at least 2 
consecutive years show that your emissions are at or below 75 percent 
of the emission limit (or, in limited instances as specified in Tables 
1 and 2 or 11 through 15 to this subpart, at or below the emission 
limit) for the pollutant, and if there are no changes in the operation 
of the individual boiler or process heater or air pollution control 
equipment that could increase emissions, you may choose to conduct 
performance tests for the pollutant every third year. Each such 
performance test must be conducted no more than 37 months after the 
previous performance test. If you elect to demonstrate compliance using 
emission averaging under Sec.  63.7522, you must continue to conduct 
performance tests annually. The requirement to test at maximum chloride 
input level is waived unless the stack test is conducted for HCl. The 
requirement to test at maximum mercury input level is waived unless the 
stack test is conducted for mercury. The requirement to test at maximum 
TSM input level is waived unless the stack test is conducted for TSM.
    (c) If a performance test shows emissions exceeded the emission 
limit or 75 percent of the emission limit (as specified in Tables 1 and 
2 or 11 through 15 to this subpart) for a pollutant, you must conduct 
annual performance tests for that pollutant until all performance tests 
over a consecutive 2-year period meet the required level (at or below 
75 percent of the emission limit, as specified in Tables 1 and 2 or 11 
through 15).
* * * * *
    (e) If you demonstrate compliance with the mercury, HCl, or TSM 
based on fuel analysis, you must conduct a monthly fuel analysis 
according to Sec.  63.7521 for each type of fuel burned that is subject 
to an emission limit in Table 1 or 2 or Tables 11 through 15 to this 
subpart. You may comply with this monthly requirement by completing the 
fuel analysis any time within the calendar month as long as the 
analysis is separated from the previous analysis by at least 14 
calendar days. If you burn a new type of fuel, you must conduct a fuel 
analysis before burning the new type of fuel in your boiler or process 
heater. You must still meet all applicable continuous compliance 
requirements in Sec.  63.7540. If each of 12 consecutive monthly fuel 
analyses demonstrates 75 percent or less of the compliance level, you 
may decrease the fuel analysis frequency to quarterly for that fuel. If 
any quarterly sample exceeds 75 percent of the compliance level or you 
begin burning a new type of fuel, you must return to monthly monitoring 
for that fuel, until 12 months of fuel analyses are again less than 75 
percent of the compliance level. If sampling is conducted on 1 day per 
month, samples should be no less than 14 days apart, but if multiple 
samples are taken per month, the 14-day restriction does not apply.
* * * * *
    (g) For affected sources (as defined in Sec.  63.7490) that have 
not operated since the previous compliance demonstration and more than 
1 year has passed since the previous compliance demonstration, you must 
complete the subsequent compliance demonstration, if subject to the 
emission limits in Table 1 or 2 or Tables 11 through 15 to this 
subpart, no later than 180 days after the re-start of the affected 
source and according to the applicable provisions in Sec.  63.7(a)(2) 
as cited in Table 10 to this subpart. You must complete a subsequent 
tune-up by following the procedures described in Sec.  
63.7540(a)(10)(i) through (vi) and the schedule described in Sec.  
63.7540(a)(13) for units that are not operating at the time of their 
scheduled tune-up.
* * * * *
    (i) If you operate a CO CEMS that meets the Performance 
Specifications outlined in Sec.  63.7525(a)(3) to demonstrate 
compliance with the applicable alternative CO CEMS emission standard 
listed in Table 1 or 2 or Tables 11 through 15 to this subpart, you are 
not required to conduct CO performance tests and are not subject to the 
oxygen concentration operating limit requirement specified in Sec.  
63.7510(a).

0
7. Section 63.7520 is amended by revising paragraph (d) to read as 
follows:


Sec.  63.7520  What stack tests and procedures must I use?

* * * * *
    (d) You must conduct a minimum of three separate test runs for each 
performance test required in this section, as specified in Sec.  
63.7(e)(3). Each test run must comply with the minimum applicable 
sampling times or volumes specified in Tables 1 and 2 or 11 through 15 
to this subpart.
* * * * *

0
8. Section 63.7521 is amended by revising paragraphs (a) and (c)(1)(ii) 
to read as follows:


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

    (a) For solid and liquid fuels, you must conduct fuel analyses for 
chloride and mercury according to the procedures in paragraphs (b) 
through (e) of this section and Table 6 to this subpart, as applicable. 
For solid fuels and liquid fuels, you must also conduct fuel analyses 
for TSM if you are opting to comply with the TSM alternative standard. 
For gas 2 (other) fuels, you must conduct fuel analyses for mercury 
according to the procedures in paragraphs (b) through (e) of this 
section and Table 6 to this subpart, as applicable. For gaseous fuels, 
you may not use fuel analyses to comply with the TSM alternative 
standard or the HCl standard. For purposes of complying with this 
section, a fuel gas system that consists of multiple gaseous fuels 
collected and mixed with each other is considered a single fuel type 
and sampling and analysis is only required on the combined fuel gas 
system that will feed the boiler or process heater.

[[Page 60843]]

Sampling and analysis of the individual gaseous streams prior to 
combining is not required. You are not required to conduct fuel 
analyses for fuels used for only startup, unit shutdown, and transient 
flame stability purposes. You are required to conduct fuel analyses 
only for fuels and units that are subject to emission limits for 
mercury, HCl, or TSM in Tables 1 and 2 or 11 through 15 to this 
subpart. Gaseous and liquid fuels are exempt from the sampling 
requirements in paragraphs (c) and (d) of this section.
* * * * *
    (c) * * *
    (1) * * *
    (ii) Each composite sample will consist of a minimum of three 
samples collected at approximately equal intervals during the testing 
period for sampling during performance stack testing.
* * * * *

0
9. Section 63.7522 is amended by revising paragraphs (b) introductory 
text, (d), (e)(1), (e)(2), (h), and (j)(1) to read as follows:


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

* * * * *
    (b) For a group of two or more existing boilers or process heaters 
in the same subcategory that each vent to a separate stack, you may 
average PM (or TSM), HCl, or mercury emissions among existing units to 
demonstrate compliance with the limits in Table 2 or 15 to this subpart 
as specified in paragraphs (b)(1) through (3) of this section, if you 
satisfy the requirements in paragraphs (c) through (g) of this section.
* * * * *
    (d) The averaged emissions rate from the existing boilers and 
process heaters participating in the emissions averaging option must 
not exceed 90 percent of the limits in Table 2 or 15 to this subpart at 
all times the affected units are subject to numeric emission limits 
following the compliance date specified in Sec.  63.7495.
    (e) * * *
    (1) You must use Equation 1a or 1b or 1c to this paragraph (e)(1) 
to demonstrate that the PM (or TSM), HCl, or mercury emissions from all 
existing units participating in the emissions averaging option for that 
pollutant do not exceed the emission limits in Table 2 or 15 to this 
subpart. Use Equation 1a if you are complying with the emission limits 
on a heat input basis, use Equation 1b if you are complying with the 
emission limits on a steam generation (output) basis, and use Equation 
1c if you are complying with the emission limits on a electric 
generation (output) basis.
[GRAPHIC] [TIFF OMITTED] TR06OC22.000

Where:

AveWeightedEmissions = Average weighted emissions for PM (or TSM), 
HCl, or mercury, in units of pounds per million Btu of heat input.
Er = Emission rate (as determined during the initial compliance 
demonstration) of PM (or TSM), HCl, or mercury from unit, i, in 
units of pounds per million Btu of heat input. Determine the 
emission rate for PM (or TSM), HCl, or mercury by performance 
testing according to Table 5 to this subpart, or by fuel analysis 
for HCl or mercury or TSM using the applicable equation in Sec.  
63.7530(c).
Hm = Maximum rated heat input capacity of unit, i, in units of 
million Btu per hour.
n = Number of units participating in the emissions averaging option.
1.1 = Required discount factor.
[GRAPHIC] [TIFF OMITTED] TR06OC22.001

Where:

AveWeightedEmissions = Average weighted emissions for PM (or TSM), 
HCl, or mercury, in units of pounds per million Btu of steam output.
Er = Emission rate (as determined during the initial compliance 
demonstration) of PM (or TSM), HCl, or mercury from unit, i, in 
units of pounds per million Btu of steam output. Determine the 
emission rate for PM (or TSM), HCl, or mercury by performance 
testing according to Table 5 to this subpart, or by fuel analysis 
for HCl or mercury or TSM using the applicable equation in Sec.  
63.7530(c). If you are taking credit for energy conservation 
measures from a unit according to Sec.  63.7533, use the adjusted 
emission level for that unit, Eadj, determined according to Sec.  
63.7533 for that unit.
So = Maximum steam output capacity of unit, i, in units of million 
Btu per hour, as defined in Sec.  63.7575.
n = Number of units participating in the emissions averaging option.
1.1 = Required discount factor.
[GRAPHIC] [TIFF OMITTED] TR06OC22.002

Where:

AveWeightedEmissions = Average weighted emissions for PM (or TSM), 
HCl, or mercury, in units of pounds per megawatt hour.
Er = Emission rate (as determined during the initial compliance 
demonstration) of PM (or TSM), HCl, or mercury from unit, i, in 
units of pounds per megawatt hour. Determine the emission rate for 
PM (or TSM), HCl, or mercury by performance testing according to 
Table 5 to this subpart, or by fuel analysis for HCl or mercury or 
TSM using the applicable equation in Sec.  63.7530(c). If you are 
taking

[[Page 60844]]

credit for energy conservation measures from a unit according to 
Sec.  63.7533, use the adjusted emission level for that unit, Eadj, 
determined according to Sec.  63.7533 for that unit.
Eo = Maximum electric generating output capacity of unit, i, in 
units of megawatt hour, as defined in Sec.  63.7575.
n = Number of units participating in the emissions averaging option.
1.1 = Required discount factor.
    (2) If you are not capable of determining the maximum rated heat 
input capacity of one or more boilers that generate steam, you may use 
Equation 2 to this paragraph (e)(2) as an alternative to using Equation 
1a of paragraph (e)(1) of this section to demonstrate that the PM (or 
TSM), HCl, or mercury emissions from all existing units participating 
in the emissions averaging option do not exceed the emission limits for 
that pollutant in Table 2 or 15 to this subpart that are in pounds per 
million Btu of heat input.
[GRAPHIC] [TIFF OMITTED] TR06OC22.003

Where:

AveWeightedEmissions = Average weighted emission level for PM (or 
TSM), HCl, or mercury, in units of pounds per million Btu of heat 
input.
Er = Emission rate (as determined during the most recent compliance 
demonstration) of PM (or TSM), HCl, or mercury from unit, i, in 
units of pounds per million Btu of heat input. Determine the 
emission rate for PM (or TSM), HCl, or mercury by performance 
testing according to Table 5 to this subpart, or by fuel analysis 
for HCl or mercury or TSM using the applicable equation in Sec.  
63.7530(c).
Sm = Maximum steam generation capacity by unit, i, in units of 
pounds per hour.
Cfi = Conversion factor, calculated from the most recent compliance 
test, in units of million Btu of heat input per pounds of steam 
generated for unit, i.
1.1 = Required discount factor.
* * * * *
    (h) For a group of two or more existing affected units, each of 
which vents through a single common stack, you may average PM (or TSM), 
HCl, or mercury emissions to demonstrate compliance with the limits for 
that pollutant in Table 2 or 15 to this subpart if you satisfy the 
requirements in paragraph (i) or (j) of this section.
* * * * *
    (j) * * *
    (1) Conduct performance tests according to procedures specified in 
Sec.  63.7520 in the common stack if affected units from other 
subcategories vent to the common stack. The emission limits that the 
group must comply with are determined by the use of Equation 6 to this 
paragraph (j)(1).
[GRAPHIC] [TIFF OMITTED] TR06OC22.004

Where:

En = HAP emission limit, pounds per million British thermal units 
(lb/MMBtu) or parts per million (ppm).
ELi = Appropriate emission limit from Table 2 or 15 to this subpart 
for unit i, in units of lb/MMBtu or ppm.
Hi = Heat input from unit i, MMBtu.
* * * * *

0
10. Section 63.7525 is amended by revising paragraphs (a) introductory 
text, (a)(1), (a)(2) introductory text, (a)(2)(ii), (iv), and (vi), (l) 
introductory text, and (m) introductory text to read as follows:


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

    (a) If your boiler or process heater is subject to a CO emission 
limit in Table 1 or 2 or Tables 11 through 15 to this subpart, you must 
install, operate, and maintain an oxygen analyzer system, as defined in 
Sec.  63.7575, or install, certify, operate and maintain continuous 
emission monitoring systems for CO and oxygen (O2) (or 
carbon dioxide (CO2)) according to the procedures in 
paragraphs (a)(1) through (6) of this section.
    (1) Install the CO CEMS including an O2 (or 
CO2) analyzer by the compliance date specified in Sec.  
63.7495. The CO and O2 (or CO2) levels shall be 
monitored at the same location at the outlet of the boiler or process 
heater. An owner or operator may determine compliance with the CO 
emissions limit using a CO2 analyzer as the diluent monitor. 
If a CO2 analyzer is used as the diluent monitor, EPA Method 
19 F-factors in 40 CFR part 60, appendix A-7, for the fuel type(s) 
being burned in the unit and EPA Method 19 equations in 40 CFR part 60, 
appendix A-7, must be used to calculate the emissions corrected to 3 
percent O2 using the measured CO2 percentage, and 
must also take into account that the 3 percent oxygen correction is to 
be done on a dry basis. The equations used to calculate the emissions, 
must also account for any CO2 being added to, or removed 
from, the emissions gas stream as a result of limestone injection, 
scrubber media, etc. The methodology used to calculate the CO emissions 
and the methodology used to account for any CO2 being added 
to, or removed from the emissions gas stream shall be detailed and 
approved in the site-specific monitoring plan developed according to 
Sec.  63.7505(d).
    (2) To demonstrate compliance with the applicable alternative CO 
CEMS emission standard listed in Table 1 or 2 or Tables 11 through 15 
to this subpart, you must install, certify, operate, and maintain a CO 
CEMS and an oxygen analyzer according to the applicable procedures 
under Performance Specification 4, 4A, or 4B at 40 CFR part 60, 
appendix B; part 75 of this chapter (if an CO2 analyzer is 
used); the site-specific monitoring plan developed according to Sec.  
63.7505(d); and the requirements in Sec.  63.7540(a)(8) and this 
paragraph (a). Any boiler or process heater that has a CO CEMS that is 
compliant with Performance Specification 4, 4A, or 4B at 40 CFR part 
60, appendix B, a site-specific monitoring plan developed according to 
Sec.  63.7505(d), and the requirements in Sec.  63.7540(a)(8) and this 
paragraph (a) must use the CO CEMS to comply with the applicable 
alternative CO CEMS

[[Page 60845]]

emission standard listed in Table 1 or 2 or Tables 11 through 15 to 
this subpart.
* * * * *
    (ii) During each relative accuracy test run of the CO CEMS, you 
must collect emission data for CO concurrently using both the CO CEMS 
and Method 10, 10A, or 10B at 40 CFR part 60, appendix A-4. The 
relative accuracy testing must be conducted at representative operating 
conditions.
* * * * *
    (iv) Any CO CEMS that does not comply with this paragraph (a) 
cannot be used to meet any requirement in this subpart to demonstrate 
compliance with a CO emission limit listed in Table 1 or 2 or Tables 11 
through 15 to this subpart.
* * * * *
    (vi) When CO2 is used to correct CO emissions and 
CO2 is measured on a wet basis, if needed, correct for 
moisture as follows: Install, operate, maintain, and quality assure a 
continuous moisture monitoring system for measuring and recording the 
moisture content of the flue gases, in order to correct the measured 
hourly volumetric flow rates for moisture when calculating CO 
concentrations. The following continuous moisture monitoring systems 
are acceptable: a continuous moisture sensor; an oxygen analyzer (or 
analyzers) capable of measuring O2 both on a wet basis and 
on a dry basis; or a stack temperature sensor and a moisture look-up 
table, i.e., a psychrometric chart (for saturated gas streams following 
wet scrubbers or other demonstrably saturated gas streams, only). The 
moisture monitoring system shall include as a component the automated 
data acquisition and handling system (DAHS) for recording and reporting 
both the raw data (e.g., hourly average wet-and dry-basis O2 
values) and the hourly average values of the stack gas moisture content 
derived from those data. When a moisture look-up table is used, the 
moisture monitoring system shall be represented as a single component, 
the certified DAHS, in the monitoring plan for the unit or common 
stack.
* * * * *
    (l) For each unit for which you decide to demonstrate compliance 
with the mercury or HCl emissions limits in Table 1 or 2 or Tables 11 
through 15 to this subpart by use of a CEMS for mercury or HCl, you 
must install, certify, maintain, and operate a CEMS measuring emissions 
discharged to the atmosphere and record the output of the system as 
specified in paragraphs (l)(1) through (8) of this section. For HCl, 
this option for an affected unit takes effect on the date of approval 
of a site-specific monitoring plan.
* * * * *
    (m) If your unit is subject to a HCl emission limit in Table 1 or 2 
or Tables 11 through 15 to this subpart and you have an acid gas wet 
scrubber or dry sorbent injection control technology and you elect to 
use an SO2 CEMS to demonstrate continuous compliance with 
the HCl emission limit, you must install the monitor at the outlet of 
the boiler or process heater, downstream of all emission control 
devices, and you must install, certify, operate, and maintain the CEMS 
according to either part 60 or part 75 of this chapter.
* * * * *

0
11. Section 63.7530 is amended by revising paragraphs (b)(4)(ii)(E), 
(b)(4)(iii), and (h) to read as follows:


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

* * * * *
    (b) * * *
    (4) * * *
    (ii) * * *
    (E) Use EPA Method 5 of appendix A to part 60 of this chapter to 
determine PM emissions. For each performance test, conduct three 
separate runs under the conditions that exist when the affected source 
is operating at the highest load or capacity level reasonably expected 
to occur. Conduct each test run to collect a minimum sample volume 
specified in Table 1 or 2 or Tables 11 through 15 to this subpart, as 
applicable, for determining compliance with a new source limit or an 
existing source limit. Calculate the average of the results from three 
runs to determine compliance. You need not determine the PM collected 
in the impingers (``back half'') of the Method 5 particulate sampling 
train to demonstrate compliance with the PM standards in this subpart. 
This shall not preclude the permitting authority from requiring a 
determination of the ``back half'' for other purposes.
* * * * *
    (iii) For a particulate wet scrubber, you must establish the 
minimum pressure drop and liquid flow rate as defined in Sec.  63.7575, 
as your operating limits during the three-run performance test during 
which you demonstrate compliance with your applicable limit. If you use 
a wet scrubber and you conduct separate performance tests for PM and 
TSM emissions, you must establish one set of minimum scrubber liquid 
flow rate and pressure drop operating limits. If you conduct multiple 
performance tests, you must set the minimum liquid flow rate and 
pressure drop operating limits at the higher of the minimum values 
established during the performance tests.
* * * * *
    (h) If you own or operate a unit subject to emission limits in 
Table 1 or 2 or Tables 11 through 15 to this subpart, you must meet the 
work practice standard according to Table 3 to this subpart. During 
startup and shutdown, you must only follow the work practice standards 
according to items 5 and 6 of Table 3 to this subpart.
* * * * *

0
12. Section 63.7533 is amended by revising paragraphs (a), (e), and (f) 
to read as follows:


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

    (a) If you elect to comply with the alternative equivalent output-
based emission limits, instead of the heat input-based limits listed in 
Table 2 or 15 to this subpart, and you want to take credit for 
implementing energy conservation measures identified in an energy 
assessment, you may demonstrate compliance using efficiency credits 
according to the procedures in this section. You may use this 
compliance approach for an existing affected boiler for demonstrating 
initial compliance according to Sec.  63.7522(e) and for demonstrating 
monthly compliance according to Sec.  63.7522(f). Owners or operators 
using this compliance approach must establish an emissions benchmark, 
calculate and document the efficiency credits, develop an 
Implementation Plan, comply with the general reporting requirements, 
and apply the efficiency credit according to the procedures in 
paragraphs (b) through (f) of this section. You cannot use this 
compliance approach for a new or reconstructed affected boiler. 
Additional guidance from the Department of Energy on efficiency credits 
is available at https://www.epa.gov/ttn/atw/boiler/boilerpg.html.
* * * * *
    (e) The emissions rate as calculated using Equation 20 in paragraph 
(f) of this section from each existing boiler participating in the 
efficiency credit option must be in compliance with the limits in Table 
2 or 15 to this subpart at all times the affected unit is subject to 
numeric emission limits, following

[[Page 60846]]

the compliance date specified in Sec.  63.7495.
    (f) You must use Equation 20 of this paragraph (f) to demonstrate 
initial compliance by demonstrating that the emissions from the 
affected boiler participating in the efficiency credit compliance 
approach do not exceed the emission limits in Table 2 or 15 to this 
subpart.
[GRAPHIC] [TIFF OMITTED] TR06OC22.005

Where:

Eadj = Emission level adjusted by applying the efficiency 
credits earned, lb per million Btu steam output (or lb per MWh) for 
the affected boiler.
Em = Emissions measured during the performance test, lb 
per million Btu steam output (or lb per MWh) for the affected 
boiler.
ECredits = Efficiency credits from Equation 19 to paragraph 
(c)(3)(i) of this section for the affected boiler.
* * * * *

0
13. Section 63.7540 is amended by revising paragraphs (a) introductory 
text, (a)(8) introductory text, (a)(8)(ii), (a)(9), (a)(15) 
introductory text, (a)(19) introductory text, and (b) to read as 
follows:


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

    (a) You must demonstrate continuous compliance with each emission 
limit in Tables 1 and 2 or 11 through 15 to this subpart, the work 
practice standards in Table 3 to this subpart, and the operating limits 
in Table 4 to this subpart that applies to you according to the methods 
specified in Table 8 to this subpart and paragraphs (a)(1) through (19) 
of this section.
* * * * *
    (8) To demonstrate compliance with the applicable alternative CO 
CEMS emission limit listed in Table 1 or 2 or Tables 11 through 15 to 
this subpart, you must meet the requirements in paragraphs (a)(8)(i) 
through (iv) of this section.
* * * * *
    (ii) Maintain a CO emission level below or at your applicable 
alternative CO CEMS-based standard in Table 1 or 2 or Tables 11 through 
15 to this subpart at all times the affected unit is subject to numeric 
emission limits.
* * * * *
    (9) The owner or operator of a boiler or process heater using a PM 
CPMS or a PM CEMS to meet requirements of this subpart shall install, 
certify (PM CEMS only), operate, and maintain the PM CPMS or PM CEMS in 
accordance with your site-specific monitoring plan as required in Sec.  
63.7505(d).
* * * * *
    (15) If you are using a CEMS to measure HCl emissions to meet 
requirements of this subpart, you must install, certify, operate, and 
maintain the HCl CEMS as specified in paragraphs (a)(15)(i) and (ii) of 
this section. This option for an affected unit takes effect on the date 
of approval of a site-specific monitoring plan.
* * * * *
    (19) If you choose to comply with the PM filterable emissions limit 
by using PM CEMS you must install, certify, operate, and maintain a PM 
CEMS and record the output of the PM CEMS as specified in paragraphs 
(a)(19)(i) through (vii) of this section. The compliance limit will be 
expressed as a 30-day rolling average of the numerical emissions limit 
value applicable for your unit in Table 1 or 2 or Tables 11 through 15 
to this subpart.
* * * * *
    (b) You must report each instance in which you did not meet each 
emission limit and operating limit in Tables 1 through 4 or 11 through 
15 to this subpart that apply to you. These instances are deviations 
from the emission limits or operating limits, respectively, in this 
subpart. These deviations must be reported according to the 
requirements in Sec.  63.7550.
* * * * *

0
14. Section 63.7545 is amended by revising paragraph (e)(3) to read as 
follows:


Sec.  63.7545  What notifications must I submit and when?

* * * * *
    (e) * * *
    (3) A summary of the maximum CO emission levels recorded during the 
performance test to show that you have met any applicable emission 
standard in Table 1 or 2 or Tables 11 through 15 to this subpart, if 
you are not using a CO CEMS to demonstrate compliance.
* * * * *

0
15. Section 63.7555 is amended by revising paragraphs (d) introductory 
text and (d)(5) to read as follows:


Sec.  63.7555  What records must I keep?

* * * * *
    (d) For each boiler or process heater subject to an emission limit 
in Table 1 or 2 or Tables 11 through 15 to this subpart, you must also 
keep the applicable records in paragraphs (d)(1) through (11) of this 
section.
* * * * *
    (5) If, consistent with Sec.  63.7515(b), you choose to stack test 
less frequently than annually, you must keep a record that documents 
that your emissions in the previous stack test(s) were less than 75 
percent of the applicable emission limit (or, in specific instances 
noted in Tables 1 and 2 or 11 through 15 to this subpart, less than the 
applicable emission limit), and document that there was no change in 
source operations including fuel composition and operation of air 
pollution control equipment that would cause emissions of the relevant 
pollutant to increase within the past year.
* * * * *

0
16. Section 63.7575 is amended by:
0
a. Adding in alphabetical order the definition for ``12-month rolling 
average'';
0
b. Revising the definition of ``Other gas 1 fuel''; and
0
c. Revising paragraphs (3) and (4) under the definition of ``Steam 
output.''

    The addition and revisions read as follows:


Sec.  63.7575   What definitions apply to this subpart?

* * * * *
    12-month rolling average means the arithmetic mean of the previous 
12 months of valid fuel analysis data. The 12 months should be 
consecutive, but not necessarily continuous if operations were 
intermittent.
* * * * *
    Other gas 1 fuel means a gaseous fuel that is not natural gas or 
refinery gas and does not exceed a maximum

[[Page 60847]]

mercury concentration of 40 micrograms/cubic meters of gas.
* * * * *
    Steam output * * *
    (3) For a boiler that generates only electricity, the alternate 
output-based emission limits would be the appropriate emission limit 
from Table 1, 2, 14, or 15 to this subpart in units of pounds per 
million Btu heat input (lb per MWh).
    (4) For a boiler that performs multiple functions and produces 
steam to be used for any combination of paragraphs (1), (2), and (3) of 
this definition that includes electricity generation of paragraph (3) 
of this definition, the total energy output, in terms of MMBtu of steam 
output, is the sum of the energy content of steam sent directly to the 
process and/or used for heating (S1), the energy content of 
turbine steam sent to process plus energy in electricity according to 
paragraph (2) of this definition (S2), and the energy 
content of electricity generated by a electricity only turbine as 
paragraph (3) of this definition (MW3) and would be 
calculated using Equation 1 to this definition. In the case of boilers 
supplying steam to one or more common headers, S1, 
S2, and MW(3) for each boiler would be calculated 
based on its (steam energy) contribution (fraction of total steam 
energy) to the common header.
[GRAPHIC] [TIFF OMITTED] TR06OC22.006

Where:

SOM = Total steam output for multi-function boiler, 
MMBtu.
S1 = Energy content of steam sent directly to the process 
and/or used for heating, MMBtu.
S2 = Energy content of turbine steam sent to the process 
plus energy in electricity according to paragraph (2) of this 
definition, MMBtu.
MW(3) = Electricity generated according to paragraph (3) 
of this definition, MWh.
CFn = Conversion factor for the appropriate subcategory for 
converting electricity generated according to paragraph (3) of this 
definition to equivalent steam energy, MMBtu/MWh.
CFn for emission limits for boilers in the unit designed to burn 
solid fuel subcategory = 10.8.
CFn PM and CO emission limits for boilers in one of the 
subcategories of units designed to burn coal = 11.7.
CFn PM and CO emission limits for boilers in one of the 
subcategories of units designed to burn biomass = 12.1.
CFn for emission limits for boilers in one of the subcategories of 
units designed to burn liquid fuel = 11.2.
CFn for emission limits for boilers in the unit designed to burn gas 
2 (other) subcategory = 6.2.
* * * * *

0
17. Table 1 to subpart DDDDD of part 63 is revised to read as follows:

  Table 1 to Subpart DDDDD of Part 63--Emission Limits for New or Reconstructed Boilers and Process Heaters \c\
  [As stated in Sec.   63.7500, you must comply with the following applicable emission limits: [Units with heat
                              input capacity of 10 million Btu per hour or greater]
----------------------------------------------------------------------------------------------------------------
                                                                           Or the emissions
                                                      The emissions must    must not exceed
                                                        not exceed the       the following        Using this
If your boiler or process heater   For the following  following emission  alternative output- specified sampling
  is in this subcategory . . .     pollutants . . .     limits, except       based limits,    volume or test run
                                                      during startup and     except during      duration . . .
                                                        shutdown . . .        startup and
                                                                            shutdown . . .
----------------------------------------------------------------------------------------------------------------
1. Units in all subcategories     a. HCl............  2.1E-04 \a\ lb per  2.9E-04 \a\ lb per  For M26A, collect
 designed to burn solid fuel.                          MMBtu of heat       MMBtu of steam      a minimum of 1
                                                       input.              output or 2.7E-03   dscm per run; for
                                                                           \a\ lb per MWh.     M26 collect a
                                                                                               minimum of 120
                                                                                               liters per run.
                                  b. Mercury........  8.0E-07 \a\ lb per  8.7E-07\a\ lb per   For M29, collect a
                                                       MMBtu of heat       MMBtu of steam      minimum of 4 dscm
                                                       input.              output or 1.1E-05   per run; for M30A
                                                                           \a\ lb per MWh.     or M30B, collect
                                                                                               a minimum sample
                                                                                               as specified in
                                                                                               the method; for
                                                                                               ASTM D6784 \b\
                                                                                               collect a minimum
                                                                                               of 4 dscm.
2. Units designed to burn coal/   a. Filterable PM    1.1E-03 lb per      1.1E-03 lb per      Collect a minimum
 solid fossil fuel.                (or TSM).           MMBtu of heat       MMBtu of steam      of 3 dscm per
                                                       input; or (2.3E-    output or 1.4E-02   run.
                                                       05 lb per MMBtu     lb per MWh; or
                                                       of heat input).     (2.7E-05 lb per
                                                                           MMBtu of steam
                                                                           output or 2.9E-04
                                                                           lb per MWh).
3. Pulverized coal boilers        a. Carbon monoxide  130 ppm by volume   0.11 lb per MMBtu   1 hr minimum
 designed to burn coal/solid       (CO) (or CEMS).     on a dry basis      of steam output     sampling time.
 fossil fuel.                                          corrected to 3-     or 1.4 lb per
                                                       percent oxygen, 3-  MWh; 3-run
                                                       run average; or     average.
                                                       (320 ppm by
                                                       volume on a dry
                                                       basis corrected
                                                       to 3-percent
                                                       oxygen,\d\ 30-day
                                                       rolling average).
4. Stokers/others designed to     a. CO (or CEMS)...  130 ppm by volume   0.12 lb per MMBtu   1 hr minimum
 burn coal/solid fossil fuel.                          on a dry basis      of steam output     sampling time.
                                                       corrected to 3-     or 1.4 lb per
                                                       percent oxygen, 3-  MWh; 3-run
                                                       run average; or     average.
                                                       (340 ppm by
                                                       volume on a dry
                                                       basis corrected
                                                       to 3-percent
                                                       oxygen \d\, 30-
                                                       day rolling
                                                       average).
5. Fluidized bed units designed   a. CO (or CEMS)...  130 ppm by volume   0.11 lb per MMBtu   1 hr minimum
 to burn coal/solid fossil fuel.                       on a dry basis      of steam output     sampling time.
                                                       corrected to 3-     or 1.4 lb per
                                                       percent oxygen, 3-  MWh; 3-run
                                                       run average; or     average.
                                                       (230 ppm by
                                                       volume on a dry
                                                       basis corrected
                                                       to 3-percent
                                                       oxygen,\d\ 30-day
                                                       rolling average).

[[Page 60848]]

 
6. Fluidized bed units with an    a. CO (or CEMS)...  140 ppm by volume   1.2E-01 lb per      1 hr minimum
 integrated heat exchanger                             on a dry basis      MMBtu of steam      sampling time.
 designed to burn coal/solid                           corrected to 3-     output or 1.5 lb
 fossil fuel.                                          percent oxygen, 3-  per MWh; 3-run
                                                       run average; or     average.
                                                       (150 ppm by
                                                       volume on a dry
                                                       basis corrected
                                                       to 3-percent
                                                       oxygen,\d\ 30-day
                                                       rolling average).
7. Stokers/sloped grate/others    a. CO (or CEMS)...  590 ppm by volume   6.1E-01 lb per      1 hr minimum
 designed to burn wet biomass                          on a dry basis      MMBtu of steam      sampling time.
 fuel.                                                 corrected to 3-     output or 6.5 lb
                                                       percent oxygen, 3-  per MWh; 3-run
                                                       run average; or     average.
                                                       (390 ppm by
                                                       volume on a dry
                                                       basis corrected
                                                       to 3-percent
                                                       oxygen,\d\ 30-day
                                                       rolling average).
                                  b. Filterable PM    1.3E-02 lb per      1.4E-02 lb per      Collect a minimum
                                   (or TSM).           MMBtu of heat       MMBtu of steam      of 2 dscm per
                                                       input; or (2.6E-    output or 1.9E-01   run.
                                                       05 lb per MMBtu     lb per MWh; or
                                                       of heat input).     (2.7E-05 lb per
                                                                           MMBtu of steam
                                                                           output or 3.7E-04
                                                                           lb per MWh).
8. Stokers/sloped grate/others    a. CO.............  460 ppm by volume   4.3E-01 lb per      1 hr minimum
 designed to burn kiln-dried                           on a dry basis      MMBtu of steam      sampling time.
 biomass fuel.                                         corrected to 3-     output or 5.1 lb
                                                       percent oxygen.     per MWh.
                                  b. Filterable PM    3.0E-02 lb per      3.5E-02 lb per      Collect a minimum
                                   (or TSM).           MMBtu of heat       MMBtu of steam      of 2 dscm per
                                                       input; or (5.0E-    output or 4.2E-01   run.
                                                       03 lb per MMBtu     lb per MWh; or
                                                       of heat input).     (5.2E-03 lb per
                                                                           MMBtu of steam
                                                                           output or 7.0E-02
                                                                           lb per MWh).
9. Fluidized bed units designed   a. CO (or CEMS)...  130 ppm by volume   1.3E-01 lb per      1 hr minimum
 to burn biomass/bio-based                             on a dry basis      MMBtu of steam      sampling time.
 solids.                                               corrected to 3-     output or 1.5 lb
                                                       percent oxygen, 3-  per MWh; 3-run
                                                       run average; or     average.
                                                       (310 ppm by
                                                       volume on a dry
                                                       basis corrected
                                                       to 3-percent
                                                       oxygen,\d\ 30-day
                                                       rolling average).
                                  b. Filterable PM    4.1E-03 lb per      5.0E-03 lb per      Collect a minimum
                                   (or TSM).           MMBtu of heat       MMBtu of steam      of 3 dscm per
                                                       input; or (8.4E-    output or 5.8E-02   run.
                                                       06 \a\ lb per       lb per MWh; or
                                                       MMBtu of heat       (1.1E-05 \a\ lb
                                                       input).             per MMBtu of
                                                                           steam output or
                                                                           1.2E-04 \a\ lb
                                                                           per MWh).
10. Suspension burners designed   a. CO (or CEMS)...  220 ppm by volume   0.18 lb per MMBtu   1 hr minimum
 to burn biomass/bio-based                             on a dry basis      of steam output     sampling time.
 solids.                                               corrected to 3-     or 2.5 lb per
                                                       percent oxygen, 3-  MWh; 3-run
                                                       run average; or     average.
                                                       (2,000 ppm by
                                                       volume on a dry
                                                       basis corrected
                                                       to 3-percent
                                                       oxygen,\d\ 10-day
                                                       rolling average).
                                  b. Filterable PM    3.0E-02 lb per      3.1E-02 lb per      Collect a minimum
                                   (or TSM).           MMBtu of heat       MMBtu of steam      of 2 dscm per
                                                       input; or (8.0E-    output or 4.2E-01   run.
                                                       03 lb per MMBtu     lb per MWh; or
                                                       of heat input).     (8.1E-03 lb per
                                                                           MMBtu of steam
                                                                           output or 1.2E-01
                                                                           lb per MWh).
11. Dutch Ovens/Pile burners      a. CO (or CEMS)...  330 ppm by volume   3.5E-01 lb per      1 hr minimum
 designed to burn biomass/bio-                         on a dry basis      MMBtu of steam      sampling time.
 based solids.                                         corrected to 3-     output or 3.6 lb
                                                       percent oxygen, 3-  per MWh; 3-run
                                                       run average; or     average.
                                                       (520 ppm by
                                                       volume on a dry
                                                       basis corrected
                                                       to 3-percent
                                                       oxygen,\d\ 10-day
                                                       rolling average).
                                  b. Filterable PM    2.5E-03 lb per      3.4E-03 lb per      Collect a minimum
                                   (or TSM).           MMBtu of heat       MMBtu of steam      of 3 dscm per
                                                       input; or (3.9E-    output or 3.5E-02   run.
                                                       05 lb per MMBtu     lb per MWh; or
                                                       of heat input).     (5.2E-05 lb per
                                                                           MMBtu of steam
                                                                           output or 5.5E-04
                                                                           lb per MWh).
12. Fuel cell units designed to   a. CO.............  910 ppm by volume   1.1 lb per MMBtu    1 hr minimum
 burn biomass/bio-based solids.                        on a dry basis      of steam output     sampling time.
                                                       corrected to 3-     or 1.0E+01 lb per
                                                       percent oxygen.     MWh.
                                  b. Filterable PM    1.1E-02 lb per      2.0E-02 lb per      Collect a minimum
                                   (or TSM).           MMBtu of heat       MMBtu of steam      of 2 dscm per
                                                       input; or (2.9E-    output or 1.6E-01   run.
                                                       05 lb per MMBtu     lb per MWh; or
                                                       of heat input).     (5.1E-05 lb per
                                                                           MMBtu of steam
                                                                           output or 4.1E-04
                                                                           lb per MWh).
13. Hybrid suspension grate       a. CO (or CEMS)...  180 ppm by volume   0.22 lb per MMBtu   1 hr minimum
 boiler designed to burn biomass/                      on a dry basis      of steam output     sampling time.
 bio-based solids.                                     corrected to 3-     or 2.0 lb per
                                                       percent oxygen, 3-  MWh; 3-run
                                                       run average; or     average.
                                                       (900 ppm by
                                                       volume on a dry
                                                       basis corrected
                                                       to 3-percent
                                                       oxygen \d\, 30-
                                                       day rolling
                                                       average).
                                  b. Filterable PM    2.6E-02 lb per      3.3E-02 lb per      Collect a minimum
                                   (or TSM).           MMBtu of heat       MMBtu of steam      of 3 dscm per
                                                       input; or (4.4E-    output or 3.7E-01   run.
                                                       04 lb per MMBtu     lb per MWh; or
                                                       of heat input).     (5.5E-04 lb per
                                                                           MMBtu of steam
                                                                           output or 6.2E-03
                                                                           lb per MWh).
14. Units designed to burn        a. HCl............  1.5E-04 \a\ lb per  1.7E-04 \a\ lb per  For M26A: Collect
 liquid fuel.                                          MMBtu of heat       MMBtu of steam      a minimum of 2
                                                       input.              output or 2.1E-03   dscm per run; for
                                                                           \a\ lb per MWh.     M26, collect a
                                                                                               minimum of 240
                                                                                               liters per run.

[[Page 60849]]

 
                                  b. Mercury........  4.8E-07 \a\ lb per  5.3E-07 \a\ lb per  For M29, collect a
                                                       MMBtu of heat       MMBtu of steam      minimum of 4 dscm
                                                       input.              output or 6.7E-06   per run; for M30A
                                                                           \a\ lb per MWh.     or M30B, collect
                                                                                               a minimum sample
                                                                                               as specified in
                                                                                               the method; for
                                                                                               ASTM D6784 \b\
                                                                                               collect a minimum
                                                                                               of 4 dscm.
15. Units designed to burn heavy  a. CO.............  130 ppm by volume   0.13 lb per MMBtu   1 hr minimum
 liquid fuel.                                          on a dry basis      of steam output     sampling time.
                                                       corrected to 3-     or 1.4 lb per
                                                       percent oxygen, 3-  MWh; 3-run
                                                       run average.        average.
                                  b. Filterable PM    1.9E-03 lb per      2.1E-03 lb per      Collect a minimum
                                   (or TSM).           MMBtu of heat       MMBtu of steam      of 3 dscm per
                                                       input; or (6.1E-    output or 2.7E-02   run.
                                                       06 \a\ lb per       lb per MWh; or
                                                       MMBtu of heat       (6.7E-6 \a\ lb
                                                       input).             per MMBtu of
                                                                           steam output or
                                                                           8.5E-5 \a\ lb per
                                                                           MWh).
16. Units designed to burn light  a. CO.............  130 ppm by volume   0.13 lb per MMBtu   1 hr minimum
 liquid fuel.                                          on a dry basis      of steam output     sampling time.
                                                       corrected to 3-     or 1.4 lb per MWh.
                                                       percent oxygen.
                                  b. Filterable PM    1.1E-03 \a\ lb per  1.2E-03 \a\ lb per  Collect a minimum
                                   (or TSM).           MMBtu of heat       MMBtu of steam      of 3 dscm per
                                                       input; or (2.9E-    output or 1.6E-02   run.
                                                       05 lb per MMBtu     \a\ lb per MWh;
                                                       of heat input).     or (3.2E-05 lb
                                                                           per MMBtu of
                                                                           steam output or
                                                                           4.0E-04 lb per
                                                                           MWh).
17. Units designed to burn        a. CO.............  130 ppm by volume   0.13 lb per MMBtu   1 hr minimum
 liquid fuel that are non-                             on a dry basis      of steam output     sampling time.
 continental units.                                    corrected to 3-     or 1.4 lb per
                                                       percent oxygen, 3-  MWh; 3-run
                                                       run average based   average.
                                                       on stack test.
                                  b. Filterable PM    2.3E-02 lb per      2.5E-02 lb per      Collect a minimum
                                   (or TSM).           MMBtu of heat       MMBtu of steam      of 4 dscm per
                                                       input; or (8.6E-    output or 3.2E-01   run.
                                                       04 lb per MMBtu     lb per MWh; or
                                                       of heat input).     (9.4E-04 lb per
                                                                           MMBtu of steam
                                                                           output or 1.2E-02
                                                                           lb per MWh).
18. Units designed to burn gas 2  a. CO.............  130 ppm by volume   0.16 lb per MMBtu   1 hr minimum
 (other) gases.                                        on a dry basis      of steam output     sampling time.
                                                       corrected to 3-     or 1.0 lb per MWh.
                                                       percent oxygen.
                                  b. HCl............  1.7E-03 lb per      2.9E-03 lb per      For M26A, collect
                                                       MMBtu of heat       MMBtu of steam      a minimum of 2
                                                       input.              output or 1.8E-02   dscm per run; for
                                                                           lb per MWh.         M26, collect a
                                                                                               minimum of 240
                                                                                               liters per run.
                                  c. Mercury........  7.9E-06 lb per      1.4E-05 lb per      For M29, collect a
                                                       MMBtu of heat       MMBtu of steam      minimum of 3 dscm
                                                       input.              output or 8.3E-05   per run; for M30A
                                                                           lb per MWh.         or M30B, collect
                                                                                               a minimum sample
                                                                                               as specified in
                                                                                               the method; for
                                                                                               ASTM D6784 \b\
                                                                                               collect a minimum
                                                                                               of 3 dscm.
                                  d. Filterable PM    7.3E-03 lb per      1.3E-02 lb per      Collect a minimum
                                   (or TSM).           MMBtu of heat       MMBtu of steam      of 3 dscm per
                                                       input; or (2.1E-    output or 7.6E-02   run.
                                                       04 lb per MMBtu     lb per MWh; or
                                                       of heat input).     (3.5E-04 lb per
                                                                           MMBtu of steam
                                                                           output or 2.2E-03
                                                                           lb per MWh).
----------------------------------------------------------------------------------------------------------------
\a\ If you are conducting stack tests to demonstrate compliance and your performance tests for this pollutant
  for at least 2 consecutive years show that your emissions are at or below this limit, you can skip testing
  according to Sec.   63.7515 if all of the other provisions of Sec.   63.7515 are met. For all other pollutants
  that do not contain a footnote ``a'', your performance tests for this pollutant for at least 2 consecutive
  years must show that your emissions are at or below 75 percent of this limit in order to qualify for skip
  testing.
\b\ Incorporated by reference, see Sec.   63.14.
\c\ If your affected source is a new or reconstructed affected source that commenced construction or
  reconstruction after June 4, 2010, and before April 1, 2013, you may comply with the emission limits in Table
  11, 12, or 13 to this subpart until January 31, 2016. On and after January 31, 2016, but before October 6,
  2025 you may comply with the emission limits in Table 14 to this subpart. On and after October 6, 2025 you
  must comply with the emission limits in this Table 1.
\d\ An owner or operator may determine compliance with the carbon monoxide emissions limit using CO2 as a
  diluent correction in place of oxygen as described in Sec.   63.7525(a)(1). EPA Method 19 F-factors in 40 CFR
  part 60, appendix A-7, and EPA Method 19 equations in 40 CFR part 60, appendix A-7, must be used to generate
  the appropriate CO2 correction percentage for the fuel type burned in the unit and must also take into account
  that the 3-percent oxygen correction is to be done on a dry basis. The methodology must account for any CO2
  being added to, or removed from, the emissions gas stream as a result of limestone injection, scrubber media,
  etc. This methodology must be detailed in the site-specific monitoring plan developed according to Sec.
  63.7505(d).


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

        Table 2 to Subpart DDDDD of Part 63--Emission Limits for Existing Boilers and Process Heaters \d\
  [As stated in Sec.   63.7500, you must comply with the following applicable emission limits: [Units with heat
                              input capacity of 10 million Btu per hour or greater]
----------------------------------------------------------------------------------------------------------------
                                                                          The emissions must
                                                      The emissions must    not exceed the
                                                        not exceed the         following          Using this
If your boiler or process heater   For the following  following emission  alternative output- specified sampling
  is in this subcategory . . .     pollutants . . .     limits, except       based limits,    volume or test run
                                                      during startup and     except during      duration . . .
                                                        shutdown . . .        startup and
                                                                            shutdown . . .
----------------------------------------------------------------------------------------------------------------
1. Units in all subcategories     a. HCl............  2.0E-02 lb per      2.3E-02 lb per      For M26A, collect
 designed to burn solid fuel.                          MMBtu of heat       MMBtu of steam      a minimum of 1
                                                       input.              output or 0.26 lb   dscm per run; for
                                                                           per MWh.            M26, collect a
                                                                                               minimum of 120
                                                                                               liters per run.

[[Page 60850]]

 
                                  b. Mercury........  5.4E-06 lb per      6.2E-06 lb per      For M29, collect a
                                                       MMBtu of heat       MMBtu of steam      minimum of 3 dscm
                                                       input.              output or 6.9E-05   per run; for M30A
                                                                           lb per MWh.         or M30B, collect
                                                                                               a minimum sample
                                                                                               as specified in
                                                                                               the method; for
                                                                                               ASTM D6784 \b\
                                                                                               collect a minimum
                                                                                               of 3 dscm.
2. Units design to burn coal/     a. Filterable PM    3.9E-02 lb per      4.1E-02 lb per      Collect a minimum
 solid fossil fuel.                (or TSM).           MMBtu of heat       MMBtu of steam      of 2 dscm per
                                                       input; or (5.3E-    output or 4.8E-01   run.
                                                       05 lb per MMBtu     lb per MWh; or
                                                       of heat input).     (5.6E-05 lb per
                                                                           MMBtu of steam
                                                                           output or 6.5E-04
                                                                           lb per MWh).
3. Pulverized coal boilers        a. CO (or CEMS)...  130 ppm by volume   0.11 lb per MMBtu   1 hr minimum
 designed to burn coal/solid                           on a dry basis      of steam output     sampling time.
 fossil fuel.                                          corrected to 3-     or 1.4 lb per
                                                       percent oxygen, 3-  MWh; 3-run
                                                       run average; or     average.
                                                       (320 ppm by
                                                       volume on a dry
                                                       basis corrected
                                                       to 3-percent
                                                       oxygen,\c\ 30-day
                                                       rolling average).
4. Stokers/others designed to     a. CO (or CEMS)...  150 ppm by volume   0.14 lb per MMBtu   1 hr minimum
 burn coal/solid fossil fuel.                          on a dry basis      of steam output     sampling time.
                                                       corrected to 3-     or 1.6 lb per
                                                       percent oxygen, 3-  MWh; 3-run
                                                       run average; or     average.
                                                       (340 ppm by
                                                       volume on a dry
                                                       basis corrected
                                                       to 3-percent
                                                       oxygen,\c\ 30-day
                                                       rolling average).
5. Fluidized bed units designed   a. CO (or CEMS)...  130 ppm by volume   0.12 lb per MMBtu   1 hr minimum
 to burn coal/solid fossil fuel.                       on a dry basis      of steam output     sampling time.
                                                       corrected to 3-     or 1.4 lb per
                                                       percent oxygen, 3-  MWh; 3-run
                                                       run average; or     average.
                                                       (230 ppm by
                                                       volume on a dry
                                                       basis corrected
                                                       to 3-percent
                                                       oxygen,\c\ 30-day
                                                       rolling average).
6. Fluidized bed units with an    a. CO (or CEMS)...  140 ppm by volume   1.3E-01 lb per      1 hr minimum
 integrated heat exchanger                             on a dry basis      MMBtu of steam      sampling time.
 designed to burn coal/solid                           corrected to 3-     output or 1.5 lb
 fossil fuel.                                          percent oxygen, 3-  per MWh; 3-run
                                                       run average; or     average.
                                                       (150 ppm by
                                                       volume on a dry
                                                       basis corrected
                                                       to 3-percent
                                                       oxygen,\c\ 30-day
                                                       rolling average).
7. Stokers/sloped grate/others    a. CO (or CEMS)...  1,100 ppm by        1.1 lb per MMBtu    1 hr minimum
 designed to burn wet biomass                          volume on a dry     of steam output     sampling time.
 fuel.                                                 basis corrected     or 13 lb per MWh;
                                                       to 3-percent        3-run average.
                                                       oxygen, 3-run
                                                       average; or (720
                                                       ppm by volume on
                                                       a dry basis
                                                       corrected to 3-
                                                       percent
                                                       oxygen,\c\ 30-day
                                                       rolling average).
                                  b. Filterable PM    3.4E-02 lb per      4.0E-02 lb per      Collect a minimum
                                   (or TSM).           MMBtu of heat       MMBtu of steam      of 2 dscm per
                                                       input; or (2.0E-    output or 4.8E-01   run.
                                                       04 lb per MMBtu     lb per MWh; or
                                                       of heat input).     (2.4E-04 lb per
                                                                           MMBtu of steam
                                                                           output or 2.8E-03
                                                                           lb per MWh).
8. Stokers/sloped grate/others    a. CO.............  460 ppm by volume   4.2E-01 lb per      1 hr minimum
 designed to burn kiln-dried                           on a dry basis      MMBtu of steam      sampling time.
 biomass fuel.                                         corrected to 3-     output or 5.1 lb
                                                       percent oxygen.     per MWh.
                                  b. Filterable PM    3.2E-01 lb per      3.7E-01 lb per      Collect a minimum
                                   (or TSM).           MMBtu of heat       MMBtu of steam      of 1 dscm per
                                                       input; or (5.0E-    output or 4.5 lb    run.
                                                       03 lb per MMBtu     per MWh; or (5.9E-
                                                       of heat input).     03 lb per MMBtu
                                                                           of steam output
                                                                           or 7.0E-02 lb per
                                                                           MWh).
9. Fluidized bed units designed   a. CO (or CEMS)...  210 ppm by volume   2.1E-01 lb per      1 hr minimum
 to burn biomass/bio-based solid.                      on a dry basis      MMBtu of steam      sampling time.
                                                       corrected to 3-     output or 2.3 lb
                                                       percent oxygen, 3-  per MWh; 3-run
                                                       run average; or     average.
                                                       (310 ppm by
                                                       volume on a dry
                                                       basis corrected
                                                       to 3-percent
                                                       oxygen,\c\ 30-day
                                                       rolling average).
                                  b. Filterable PM    7.4E-03 lb per      9.2E-03 lb per      Collect a minimum
                                   (or TSM).           MMBtu of heat       MMBtu of steam      of 1 dscm per
                                                       input; or (6.4E-    output or 0.11 lb   run.
                                                       05 lb per MMBtu     per MWh; or (8.0E-
                                                       of heat input).     05 lb per MMBtu
                                                                           of steam output
                                                                           or 9.0E-04 lb per
                                                                           MWh).
10. Suspension burners designed   a. CO (or CEMS)...  2,400 ppm by        1.9 lb per MMBtu    1 hr minimum
 to burn biomass/bio-based solid.                      volume on a dry     of steam output     sampling time.
                                                       basis corrected     or 27 lb per MWh;
                                                       to 3-percent        3-run average.
                                                       oxygen, 3-run
                                                       average; or
                                                       (2,000 ppm by
                                                       volume on a dry
                                                       basis corrected
                                                       to 3-percent
                                                       oxygen,\c\ 10-day
                                                       rolling average).
                                  b. Filterable PM    4.1E-02 lb per      4.2E-02 lb per      Collect a minimum
                                   (or TSM).           MMBtu of heat       MMBtu of steam      of 2 dscm per
                                                       input; or (8.0E-    output or 5.8E-01   run.
                                                       03 lb per MMBtu     lb per MWh; or
                                                       of heat input).     (8.1E-03 lb per
                                                                           MMBtu of steam
                                                                           output or 0.12 lb
                                                                           per MWh).

[[Page 60851]]

 
11. Dutch Ovens/Pile burners      a. CO (or CEMS)...  770 ppm by volume   8.4E-01 lb per      1 hr minimum
 designed to burn biomass/bio-                         on a dry basis      MMBtu of steam      sampling time.
 based solid.                                          corrected to 3-     output or 8.4 lb
                                                       percent oxygen, 3-  per MWh; 3-run
                                                       run average; or     average.
                                                       (520 ppm by
                                                       volume on a dry
                                                       basis corrected
                                                       to 3-percent
                                                       oxygen,\c\ 10-day
                                                       rolling average).
                                  b. Filterable PM    1.8E-01 lb per      2.5E-01 lb per      Collect a minimum
                                   (or TSM).           MMBtu of heat       MMBtu of steam      of 1 dscm per
                                                       input; or (2.0E-    output or 2.6 lb    run.
                                                       03 lb per MMBtu     per MWh; or (2.8E-
                                                       of heat input).     03 lb per MMBtu
                                                                           of steam output
                                                                           or 2.8E-02 lb per
                                                                           MWh).
12. Fuel cell units designed to   a. CO.............  1,100 ppm by        2.4 lb per MMBtu    1 hr minimum
 burn biomass/bio-based solid.                         volume on a dry     of steam output     sampling time.
                                                       basis corrected     or 12 lb per MWh.
                                                       to 3-percent
                                                       oxygen.
                                  b. Filterable PM    2.0E-02 lb per      5.5E-02 lb per      Collect a minimum
                                   (or TSM).           MMBtu of heat       MMBtu of steam      of 2 dscm per
                                                       input; or (5.8E-    output or 2.8E-01   run.
                                                       03 lb per MMBtu     lb per MWh; or
                                                       of heat input).     (1.6E-02 lb per
                                                                           MMBtu of steam
                                                                           output or 8.1E-02
                                                                           lb per MWh).
13. Hybrid suspension grate       a. CO (or CEMS)...  3,500 ppm by        3.5 lb per MMBtu    1 hr minimum
 units designed to burn biomass/                       volume on a dry     of steam output     sampling time.
 bio-based solid.                                      basis corrected     or 39 lb per MWh;
                                                       to 3-percent        3-run average.
                                                       oxygen, 3-run
                                                       average; or (900
                                                       ppm by volume on
                                                       a dry basis
                                                       corrected to 3-
                                                       percent
                                                       oxygen,\c\ 30-day
                                                       rolling average).
                                  b. Filterable PM    4.4E-01 lb per      5.5E-01 lb per      Collect a minimum
                                   (or TSM).           MMBtu of heat       MMBtu of steam      of 1 dscm per
                                                       input; or (4.5E-    output or 6.2 lb    run.
                                                       04 lb per MMBtu     per MWh; or (5.7E-
                                                       of heat input).     04 lb per MMBtu
                                                                           of steam output
                                                                           or 6.3E-03 lb per
                                                                           MWh).
14. Units designed to burn        a. HCl............  1.1E-03 lb per      1.4E-03 lb per      For M26A, collect
 liquid fuel.                                          MMBtu of heat       MMBtu of steam      a minimum of 2
                                                       input.              output or 1.6E-02   dscm per run; for
                                                                           lb per MWh.         M26, collect a
                                                                                               minimum of 240
                                                                                               liters per run.
                                  b. Mercury........  7.3E-07 lb per      8.8E-07 lb per      For M29, collect a
                                                       MMBtu of heat       MMBtu of steam      minimum of 3 dscm
                                                       input.              output or 1.1E-05   per run; for M30A
                                                                           lb per MWh.         or M30B collect a
                                                                                               minimum sample as
                                                                                               specified in the
                                                                                               method, for ASTM
                                                                                               D6784 \b\ collect
                                                                                               a minimum of 2
                                                                                               dscm.
15. Units designed to burn heavy  a. CO.............  130 ppm by volume   0.13 lb per MMBtu   1 hr minimum
 liquid fuel.                                          on a dry basis      of steam output     sampling time.
                                                       corrected to 3-     or 1.4 lb per
                                                       percent oxygen, 3-  MWh; 3-run
                                                       run average.        average.
                                  b. Filterable PM    5.9E-02 lb per      7.2E-02 lb per      Collect a minimum
                                   (or TSM).           MMBtu of heat       MMBtu of steam      of 1 dscm per
                                                       input; or (2.0E-    output or 8.2E-01   run.
                                                       04 lb per MMBtu     lb per MWh; or
                                                       of heat input).     (2.5E-04 lb per
                                                                           MMBtu of steam
                                                                           output or 2.8E-03
                                                                           lb per MWh).
16. Units designed to burn light  a. CO.............  130 ppm by volume   0.13 lb per MMBtu   1 hr minimum
 liquid fuel.                                          on a dry basis      of steam output     sampling time.
                                                       corrected to 3-     or 1.4 lb per MWh.
                                                       percent oxygen.
                                  b. Filterable PM    7.9E-03 lb per      9.6E-03 lb per      Collect a minimum
                                   (or TSM).           MMBtu of heat       MMBtu of steam      of 3 dscm per
                                                       input; or (6.2E-    output or 1.1E-01   run.
                                                       05 lb per MMBtu     lb per MWh; or
                                                       of heat input).     (7.5E-05 lb per
                                                                           MMBtu of steam
                                                                           output or 8.6E-04
                                                                           lb per MWh).
17. Units designed to burn        a. CO.............  130 ppm by volume   0.13 lb per MMBtu   1 hr minimum
 liquid fuel that are non-                             on a dry basis      of steam output     sampling time.
 continental units.                                    corrected to 3-     or 1.4 lb per
                                                       percent oxygen, 3-  MWh; 3-run
                                                       run average based   average.
                                                       on stack test.
                                  b. Filterable PM    2.2E-01 lb per      2.7E-01 lb per      Collect a minimum
                                   (or TSM).           MMBtu of heat       MMBtu of steam      of 2 dscm per
                                                       input; or (8.6E-    output or 3.1 lb    run.
                                                       04 lb per MMBtu     per MWh; or (1.1E-
                                                       of heat input).     03 lb per MMBtu
                                                                           of steam output
                                                                           or 1.2E-02 lb per
                                                                           MWh).
18. Units designed to burn gas 2  a. CO.............  130 ppm by volume   0.16 lb per MMBtu   1 hr minimum
 (other) gases.                                        on a dry basis      of steam output     sampling time.
                                                       corrected to 3-     or 1.0 lb per MWh.
                                                       percent oxygen.
                                  b. HCl............  1.7E-03 lb per      2.9E-03 lb per      For M26A, collect
                                                       MMBtu of heat       MMBtu of steam      a minimum of 2
                                                       input.              output or 1.8E-02   dscm per run; for
                                                                           lb per MWh.         M26, collect a
                                                                                               minimum of 240
                                                                                               liters per run.
                                  c. Mercury........  7.9E-06 lb per      1.4E-05 lb per      For M29, collect a
                                                       MMBtu of heat       MMBtu of steam      minimum of 3 dscm
                                                       input.              output or 8.3E-05   per run; for M30A
                                                                           lb per MWh.         or M30B, collect
                                                                                               a minimum sample
                                                                                               as specified in
                                                                                               the method; for
                                                                                               ASTM D6784 \b\
                                                                                               collect a minimum
                                                                                               of 2 dscm.

[[Page 60852]]

 
                                  d. Filterable PM    7.3E-03 lb per      1.3E-02 lb per      Collect a minimum
                                   (or TSM).           MMBtu of heat       MMBtu of steam      of 3 dscm per
                                                       input or (2.1E-04   output or 7.6E-02   run.
                                                       lb per MMBtu of     lb per MWh; or
                                                       heat input).        (3.5E-04 lb per
                                                                           MMBtu of steam
                                                                           output or 2.2E-03
                                                                           lb per MWh).
----------------------------------------------------------------------------------------------------------------
\a\ If you are conducting stack tests to demonstrate compliance and your performance tests for this pollutant
  for at least 2 consecutive years show that your emissions are at or below this limit, you can skip testing
  according to Sec.   63.7515 if all of the other provisions of Sec.   63.7515 are met. For all other pollutants
  that do not contain a footnote a, your performance tests for this pollutant for at least 2 consecutive years
  must show that your emissions are at or below 75 percent of this limit in order to qualify for skip testing.
\b\ Incorporated by reference, see Sec.   63.14.
\c\ An owner or operator may determine compliance with the carbon monoxide emissions limit be determined using
  CO2 as a diluent correction in place of oxygen as described in Sec.   63.7525(a)(1). EPA Method 19 F-factors
  in 40 CFR part 60, appendix A-7, and EPA Method 19 equations in 40 CFR part 60, appendix A-7, must be used to
  generate the appropriate CO2 correction percentage for the fuel type burned in the unit and must also take
  into account that the 3-percent oxygen correction is to be done on a dry basis. The methodology must account
  for any CO2 being added to, or removed from, the emissions gas stream as a result of limestone injection,
  scrubber media, etc. This methodology must be detailed in the site-specific monitoring plan developed
  according to Sec.   63.7505(d).
\d\ Before October 6, 2025 you may comply with the emission limits in Table 15 to this subpart. On and after
  October 6, 2025], you must comply with the emission limits in this Table 2.


0
19. Table 3 of subpart DDDDD of part 63 is amended by revising the 
entries ``5.'' and ``6.'' to read as follows:
* * * * *

      Table 3 to Subpart DDDDD of Part 63--Work Practice Standards
------------------------------------------------------------------------
     If your unit is . . .          You must meet the following . . .
------------------------------------------------------------------------
 
                              * * * * * * *
5. An existing or new boiler   a. You must operate all CMS during
 or process heater subject to   startup.
 emission limits in Table 1    b. For startup of a boiler or process
 or 2 or 11 through 15 to       heater, you must use one or a
 this subpart during startup.   combination of the following clean
                                fuels: natural gas, synthetic natural
                                gas, propane, other Gas 1 fuels,
                                distillate oil, syngas, ultra-low sulfur
                                diesel, fuel oil-soaked rags, kerosene,
                                hydrogen, paper, cardboard, refinery
                                gas, liquefied petroleum gas, clean dry
                                biomass, and any fuels meeting the
                                appropriate HCl, mercury and TSM
                                emission standards by fuel analysis.
                               c. You have the option of complying using
                                either of the following work practice
                                standards.
                               (1) If you choose to comply using
                                paragraph (1) of the definition of
                                ``startup'' in Sec.   63.7575, once you
                                start firing fuels that are not clean
                                fuels you must vent emissions to the
                                main stack(s) and engage all of the
                                applicable control devices except
                                limestone injection in fluidized bed
                                combustion (FBC) boilers, dry scrubber,
                                fabric filter, and selective catalytic
                                reduction (SCR). You must start your
                                limestone injection in FBC boilers, dry
                                scrubber, fabric filter, and SCR systems
                                as expeditiously as possible. Startup
                                ends when steam or heat is supplied for
                                any purpose, OR
                               (2) If you choose to comply using
                                paragraph (2) of the definition of
                                ``startup'' in Sec.   63.7575, once you
                                start to feed fuels that are not clean
                                fuels, you must vent emissions to the
                                main stack(s) and engage all of the
                                applicable control devices so as to
                                comply with the emission limits within 4
                                hours of start of supplying useful
                                thermal energy. You must engage and
                                operate PM control within one hour of
                                first feeding fuels that are not clean
                                fuels \a\. You must start all applicable
                                control devices as expeditiously as
                                possible, but, in any case, when
                                necessary to comply with other standards
                                applicable to the source by a permit
                                limit or a rule other than this subpart
                                that require operation of the control
                                devices. You must develop and implement
                                a written startup and shutdown plan, as
                                specified in Sec.   63.7505(e).
                               d. You must comply with all applicable
                                emission limits at all times except
                                during startup and shutdown periods at
                                which time you must meet this work
                                practice. You must collect monitoring
                                data during periods of startup, as
                                specified in Sec.   63.7535(b). You must
                                keep records during periods of startup.
                                You must provide reports concerning
                                activities and periods of startup, as
                                specified in Sec.   63.7555.
6. An existing or new boiler   You must operate all CMS during shutdown.
 or process heater subject to  While firing fuels that are not clean
 emission limits in Table 1     fuels during shutdown, you must vent
 or 2 or Tables 11 through 15   emissions to the main stack(s) and
 to this subpart during         operate all applicable control devices,
 shutdown.                      except limestone injection in FBC
                                boilers, dry scrubber, fabric filter,
                                and SCR but, in any case, when necessary
                                to comply with other standards
                                applicable to the source that require
                                operation of the control device.
                               If, in addition to the fuel used prior to
                                initiation of shutdown, another fuel
                                must be used to support the shutdown
                               process, that additional fuel must be one
                                or a combination of the following clean
                                fuels: Natural gas, synthetic natural
                                gas, propane, other Gas 1 fuels,
                                distillate oil, syngas, ultra-low sulfur
                                diesel, refinery gas, and liquefied
                                petroleum gas.

[[Page 60853]]

 
                               You must comply with all applicable
                                emissions limits at all times except for
                                startup or shutdown periods conforming
                                with this work practice. You must
                                collect monitoring data during periods
                                of shutdown, as specified in Sec.
                                63.7535(b). You must keep records during
                                periods of shutdown. You must provide
                                reports concerning activities and
                                periods of shutdown, as specified in
                                Sec.   63.7555.
------------------------------------------------------------------------
\a\ As specified in Sec.   63.7555(d)(13), the source may request an
  alternative timeframe with the PM controls requirement to the
  permitting authority (state, local, or tribal agency) that has been
  delegated authority for this subpart by EPA. The source must provide
  evidence that (1) it is unable to safely engage and operate the PM
  control(s) to meet the ``fuel firing + 1 hour'' requirement and (2)
  the PM control device is appropriately designed and sized to meet the
  filterable PM emission limit. It is acknowledged that there may be
  another control device that has been installed other than ESP that
  provides additional PM control (e.g., scrubber).


0
20. Table 4 to subpart DDDDD of part 63 is amended by revising the 
column headings to read as follows:
* * * * *

  Table 4 to Subpart DDDDD of Part 63--Operating Limits for Boilers and
                             Process Heaters
------------------------------------------------------------------------
 When complying with a numerical emission
limit under Table 1, 2, 11, 12, 13, 14, or       You must meet these
      15 of this subpart using . . .           operating limits . . .
------------------------------------------------------------------------
 
                              * * * * * * *
------------------------------------------------------------------------

* * * * *

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

                   Table 7 to Subpart DDDDD of Part 63--Establishing Operating Limits \a\ \b\
    [As stated in Sec.   63.7520, you must comply with the following requirements for establishing operating
                                                    limits:]
----------------------------------------------------------------------------------------------------------------
                                        And your
    If you have an applicable      operating limits                                             According to the
    emission limit for . . .       are based  on . .     You must . . .       Using . . .          following
                                           .                                                     requirements
----------------------------------------------------------------------------------------------------------------
1. PM, TSM, or mercury..........  a. Wet scrubber     i. Establish a      (1) Data from the   (a) You must
                                   operating           site-specific       scrubber pressure   collect scrubber
                                   parameters.         minimum scrubber    drop and liquid     pressure drop and
                                                       pressure drop and   flow rate           liquid flow rate
                                                       minimum flow rate   monitors and the    data every 15
                                                       operating limit     PM, TSM, or         minutes during
                                                       according to Sec.   mercury             the entire period
                                                         63.7530(b).       performance test.   of the
                                                                                               performance
                                                                                               tests.
                                                                                              (b) Determine the
                                                                                               lowest hourly
                                                                                               average scrubber
                                                                                               pressure drop and
                                                                                               liquid flow rate
                                                                                               by computing the
                                                                                               hourly averages
                                                                                               using all of the
                                                                                               15-minute
                                                                                               readings taken
                                                                                               during each
                                                                                               performance test.
                                  b. Electrostatic    i. Establish a      (1) Data from the   (a) You must
                                   precipitator        site-specific       voltage and         collect secondary
                                   operating           minimum total       secondary           voltage and
                                   parameters          secondary           amperage monitors   secondary
                                   (option only for    electric power      during the PM or    amperage for each
                                   units that          input according     mercury             ESP cell and
                                   operate wet         to Sec.             performance test.   calculate total
                                   scrubbers).         63.7530(b).                             secondary
                                                                                               electric power
                                                                                               input data every
                                                                                               15 minutes during
                                                                                               the entire period
                                                                                               of the
                                                                                               performance
                                                                                               tests.
                                                                                              (b) Determine the
                                                                                               average total
                                                                                               secondary
                                                                                               electric power
                                                                                               input by
                                                                                               computing the
                                                                                               hourly averages
                                                                                               using all of the
                                                                                               15-minute
                                                                                               readings taken
                                                                                               during each
                                                                                               performance test.
                                  c. Opacity........  i. Establish a      (1) Data from the   (a) You must
                                                       site-specific       opacity             collect opacity
                                                       maximum opacity     monitoring system   readings every 15
                                                       level.              during the PM       minutes during
                                                                           performance test.   the entire period
                                                                                               of the
                                                                                               performance
                                                                                               tests.
                                                                                              (b) Determine the
                                                                                               average hourly
                                                                                               opacity reading
                                                                                               by computing the
                                                                                               hourly averages
                                                                                               using all of the
                                                                                               15-minute
                                                                                               readings taken
                                                                                               during each
                                                                                               performance test.
                                                                                              (c) Determine the
                                                                                               highest hourly
                                                                                               average opacity
                                                                                               reading measured
                                                                                               during the test
                                                                                               run demonstrating
                                                                                               compliance with
                                                                                               the PM (or TSM)
                                                                                               emission
                                                                                               limitation.

[[Page 60854]]

 
2. HCl..........................  a. Wet scrubber     i. Establish site-  (1) Data from the   (a) You must
                                   operating           specific minimum    pH and liquid       collect pH and
                                   parameters.         effluent pH and     flow-rate           liquid flow-rate
                                                       flow rate           monitors and the    data every 15
                                                       operating limits    HCl performance     minutes during
                                                       according to Sec.   test.               the entire period
                                                         63.7530(b).                           of the
                                                                                               performance
                                                                                               tests.
                                                                                              (b) Determine the
                                                                                               hourly average pH
                                                                                               and liquid flow
                                                                                               rate by computing
                                                                                               the hourly
                                                                                               averages using
                                                                                               all of the 15-
                                                                                               minute readings
                                                                                               taken during each
                                                                                               performance test.
                                  b. Dry scrubber     i. Establish a      (1) Data from the   (a) You must
                                   operating           site-specific       sorbent injection   collect sorbent
                                   parameters.         minimum sorbent     rate monitors and   injection rate
                                                       injection rate      HCl or mercury      data every 15
                                                       operating limit     performance test.   minutes during
                                                       according to Sec.                       the entire period
                                                         63.7530(b). If                        of the
                                                       different acid                          performance
                                                       gas sorbents are                        tests.
                                                       used during the
                                                       HCl performance
                                                       test, the average
                                                       value for each
                                                       sorbent becomes
                                                       the site-specific
                                                       operating limit
                                                       for that sorbent.
                                                                                              (b) Determine the
                                                                                               hourly average
                                                                                               sorbent injection
                                                                                               rate by computing
                                                                                               the hourly
                                                                                               averages using
                                                                                               all of the 15-
                                                                                               minute readings
                                                                                               taken during each
                                                                                               performance test.
                                                                                              (c) Determine the
                                                                                               lowest hourly
                                                                                               average of the
                                                                                               three test run
                                                                                               averages
                                                                                               established
                                                                                               during the
                                                                                               performance test
                                                                                               as your operating
                                                                                               limit. When your
                                                                                               unit operates at
                                                                                               lower loads,
                                                                                               multiply your
                                                                                               sorbent injection
                                                                                               rate by the load
                                                                                               fraction, as
                                                                                               defined in Sec.
                                                                                               63.7575, to
                                                                                               determine the
                                                                                               required
                                                                                               injection rate.
                                  c. Alternative      i. Establish a      (1) Data from SO2   (a) You must
                                   Maximum SO2         site-specific       CEMS and the HCl    collect the SO2
                                   emission rate.      maximum SO2         performance test.   emissions data
                                                       emission rate                           according to Sec.
                                                       operating limit                           63.7525(m)
                                                       according to Sec.                       during the most
                                                         63.7530(b).                           recent HCl
                                                                                               performance
                                                                                               tests.
                                                                                              (b) The maximum
                                                                                               SO2 emission rate
                                                                                               is equal to the
                                                                                               highest hourly
                                                                                               average SO2
                                                                                               emission rate
                                                                                               measured during
                                                                                               the most recent
                                                                                               HCl performance
                                                                                               tests.
3. Mercury......................  a. Activated        i. Establish a      (1) Data from the   (a) You must
                                   carbon injection.   site-specific       activated carbon    collect activated
                                                       minimum activated   rate monitors and   carbon injection
                                                       carbon injection    mercury             rate data every
                                                       rate operating      performance test.   15 minutes during
                                                       limit according                         the entire period
                                                       to Sec.                                 of the
                                                       63.7530(b).                             performance
                                                                                               tests.
                                                                                              (b) Determine the
                                                                                               hourly average
                                                                                               activated carbon
                                                                                               injection rate by
                                                                                               computing the
                                                                                               hourly averages
                                                                                               using all of the
                                                                                               15-minute
                                                                                               readings taken
                                                                                               during each
                                                                                               performance test.
                                                                                              (c) Determine the
                                                                                               lowest hourly
                                                                                               average
                                                                                               established
                                                                                               during the
                                                                                               performance test
                                                                                               as your operating
                                                                                               limit. When your
                                                                                               unit operates at
                                                                                               lower loads,
                                                                                               multiply your
                                                                                               activated carbon
                                                                                               injection rate by
                                                                                               the load
                                                                                               fraction, as
                                                                                               defined in Sec.
                                                                                               63.7575, to
                                                                                               determine the
                                                                                               required
                                                                                               injection rate.
4. Carbon monoxide for which      a. Oxygen.........  i. Establish a      (1) Data from the   (a) You must
 compliance is demonstrated by a                       unit-specific       oxygen analyzer     collect oxygen
 performance test.                                     limit for minimum   system specified    data every 15
                                                       oxygen level        in Sec.             minutes during
                                                       according to Sec.   63.7525(a).         the entire period
                                                         63.7530(b).                           of the
                                                                                               performance
                                                                                               tests.
                                                                                              (b) Determine the
                                                                                               hourly average
                                                                                               oxygen
                                                                                               concentration by
                                                                                               computing the
                                                                                               hourly averages
                                                                                               using all of the
                                                                                               15-minute
                                                                                               readings taken
                                                                                               during each
                                                                                               performance test.
                                                                                              (c) Determine the
                                                                                               lowest hourly
                                                                                               average
                                                                                               established
                                                                                               during the
                                                                                               performance test
                                                                                               as your minimum
                                                                                               operating limit.

[[Page 60855]]

 
5. Any pollutant for which        a. Boiler or        i. Establish a      (1) Data from the   (a) You must
 compliance is demonstrated by a   process heater      unit specific       operating load      collect operating
 performance test.                 operating load.     limit for maximum   monitors or from    load or steam
                                                       operating load      steam generation    generation data
                                                       according to Sec.   monitors.           every 15 minutes
                                                         63.7520(c).                           during the entire
                                                                                               period of the
                                                                                               performance test.
                                                                                              (b) Determine the
                                                                                               average operating
                                                                                               load by computing
                                                                                               the hourly
                                                                                               averages using
                                                                                               all of the 15-
                                                                                               minute readings
                                                                                               taken during each
                                                                                               performance test.
                                                                                              (c) Determine the
                                                                                               highest hourly
                                                                                               average of the
                                                                                               three test run
                                                                                               averages during
                                                                                               the performance
                                                                                               test, and
                                                                                               multiply this by
                                                                                               1.1 (110 percent)
                                                                                               as your operating
                                                                                               limit.
----------------------------------------------------------------------------------------------------------------
\a\ Operating limits must be confirmed or reestablished during performance tests.
\b\ If you conduct multiple performance tests, you must set the minimum liquid flow rate and pressure drop
  operating limits at the higher of the minimum values established during the performance tests. For a minimum
  oxygen level, if you conduct multiple performance tests, you must set the minimum oxygen level at the lower of
  the minimum values established during the performance tests. For maximum operating load, if you conduct
  multiple performance tests, you must set the maximum operating load at the lower of the maximum values
  established during the performance tests.


0
22. Table 8 to subpart DDDDD of part 63 is amended by revising entry 
``8.'' to read as follows:
* * * * *

Table 8 to Subpart DDDDD of Part 63--Demonstrating Continuous Compliance
------------------------------------------------------------------------
     If you must meet the
following operating limits or       You must demonstrate continuous
work practice standards . . .             compliance by . . .
------------------------------------------------------------------------
 
                              * * * * * * *
8. Emission limits using fuel  a. Conduct monthly fuel analysis for HCl
 analysis.                      or mercury or TSM according to Table 6
                                to this subpart; and
                               b. Reduce the data to 12-month rolling
                                averages; and
                               c. Maintain the 12-month rolling average
                                at or below the applicable emission
                                limit for HCl or mercury or TSM in
                                Tables 1 and 2 or 11 through 15 to this
                                subpart.
                               d. Calculate the HCI, mercury, and/or TSM
                                emission rate from the boiler or process
                                heater in units of lb/MMBtu using
                                Equation 15 and Equations 16, 17, and/or
                                18 in Sec.   63.7530.
 
                              * * * * * * *
------------------------------------------------------------------------


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

 Table 11 to Subpart DDDDD of Part 63--Alternative Emission Limits for New or Reconstructed Boilers and Process
        Heaters That Commenced Construction or Reconstruction After June 4, 2010, and Before May 20, 2011
----------------------------------------------------------------------------------------------------------------
                                                                 The emissions must not
                                                                  exceed the following
 If your boiler or process heater is      For the following     emission limits, except    Using this specified
      in this subcategory . . .            pollutants . . .        during periods of     sampling volume or test
                                                                 startup and shutdown .     run duration . . .
                                                                          . .
----------------------------------------------------------------------------------------------------------------
1. Units in all subcategories          a. HCl.................  0.022 lb per MMBtu of    For M26A, collect a
 designed to burn solid fuel.                                    heat input.              minimum of 1 dscm per
                                                                                          run; for M26 collect a
                                                                                          minimum of 120 liters
                                                                                          per run.
2. Units in all subcategories          a. Mercury.............  8.0E-07 \a\ lb per       For M29, collect a
 designed to burn solid fuel that                                MMBtu of heat input.     minimum of 4 dscm per
 combust at least 10 percent biomass/                                                     run; for M30A or M30B,
 bio-based solids on an annual heat                                                       collect a minimum
 input basis and less than 10 percent                                                     sample as specified in
 coal/solid fossil fuels on an annual                                                     the method; for ASTM
 heat input basis.                                                                        D6784 \b\ collect a
                                                                                          minimum of 4 dscm.

[[Page 60856]]

 
3. Units in all subcategories          a. Mercury.............  2.0E-06 lb per MMBtu of  For M29, collect a
 designed to burn solid fuel that                                heat input.              minimum of 4 dscm per
 combust at least 10 percent coal/                                                        run; for M30A or M30B,
 solid fossil fuels on an annual heat                                                     collect a minimum
 input basis and less than 10 percent                                                     sample as specified in
 biomass/bio-based solids on an                                                           the method; for ASTM
 annual heat input basis.                                                                 D6784 \b\ collect a
                                                                                          minimum of 4 dscm.
4. Units design to burn coal/solid     a. Filterable PM (or     1.1E-03 lb per MMBtu of  Collect a minimum of 3
 fossil fuel.                           TSM).                    heat input; or (2.3E-    dscm per run.
                                                                 05 lb per MMBtu of
                                                                 heat input).
5. Pulverized coal boilers designed    a. Carbon monoxide (CO)  130 ppm by volume on a   1 hr minimum sampling
 to burn coal/solid fossil fuel.        (or CEMS).               dry basis corrected to   time.
                                                                 3 percent oxygen, 3-
                                                                 run average; or (320
                                                                 ppm by volume on a dry
                                                                 basis corrected to 3
                                                                 percent oxygen,\c\ 30-
                                                                 day rolling average).
6. Stokers designed to burn coal/      a. CO (or CEMS)........  130 ppm by volume on a   1 hr minimum sampling
 solid fossil fuel.                                              dry basis corrected to   time.
                                                                 3 percent oxygen, 3-
                                                                 run average; or (340
                                                                 ppm by volume on a dry
                                                                 basis corrected to 3
                                                                 percent oxygen ,\c\ 10-
                                                                 day rolling average).
7. Fluidized bed units designed to     a. CO (or CEMS)........  130 ppm by volume on a   1 hr minimum sampling
 burn coal/solid fossil fuel.                                    dry basis corrected to   time.
                                                                 3 percent oxygen, 3-
                                                                 run average; or (230
                                                                 ppm by volume on a dry
                                                                 basis corrected to 3
                                                                 percent oxygen,\c\ 30-
                                                                 day rolling average).
8. Fluidized bed units with an         a. CO (or CEMS)........  140 ppm by volume on a   1 hr minimum sampling
 integrated heat exchanger designed                              dry basis corrected to   time.
 to burn coal/solid fossil fuel.                                 3 percent oxygen, 3-
                                                                 run average; or (150
                                                                 ppm by volume on a dry
                                                                 basis corrected to 3
                                                                 percent oxygen,\c\ 30-
                                                                 day rolling average).
9. Stokers/sloped grate/others         a. CO (or CEMS)........  620 ppm by volume on a   1 hr minimum sampling
 designed to burn wet biomass fuel.                              dry basis corrected to   time.
                                                                 3 percent oxygen, 3-
                                                                 run average; or (390
                                                                 ppm by volume on a dry
                                                                 basis corrected to 3
                                                                 percent oxygen,\c\ 30-
                                                                 day rolling average).
                                       b. Filterable PM (or     3.0E-02 lb per MMBtu of  Collect a minimum of 2
                                        TSM).                    heat input; or (2.6E-    dscm per run.
                                                                 05 lb per MMBtu of
                                                                 heat input).
10. Stokers/sloped grate/others        a. CO..................  560 ppm by volume on a   1 hr minimum sampling
 designed to burn kiln-dried biomass                             dry basis corrected to   time.
 fuel.                                                           3 percent oxygen.
                                       b. Filterable PM (or     3.0E-02 lb per MMBtu of  Collect a minimum of 2
                                        TSM).                    heat input; or (4.0E-    dscm per run
                                                                 03 lb per MMBtu of
                                                                 heat input).
11. Fluidized bed units designed to    a. CO (or CEMS)........  230 ppm by volume on a   1 hr minimum sampling
 burn biomass/bio-based solids.                                  dry basis corrected to   time.
                                                                 3 percent oxygen, 3-
                                                                 run average; or (310
                                                                 ppm by volume on a dry
                                                                 basis corrected to 3
                                                                 percent oxygen,\c\ 30-
                                                                 day rolling average).
                                       b. Filterable PM (or     9.8E-03 lb per MMBtu of  Collect a minimum of 3
                                        TSM).                    heat input; or (8.3E-    dscm per run
                                                                 05 \a\ lb per MMBtu of
                                                                 heat input).
12. Suspension burners designed to     a. CO (or CEMS)........  2,400 ppm by volume on   1 hr minimum sampling
 burn biomass/bio-based solids.                                  a dry basis corrected    time.
                                                                 to 3 percent oxygen, 3-
                                                                 run average; or (2,000
                                                                 ppm by volume on a dry
                                                                 basis corrected to 3
                                                                 percent oxygen \c\ 10-
                                                                 day rolling average).
                                       b. Filterable PM (or     3.0E-02 lb per MMBtu of  Collect a minimum of 2
                                        TSM).                    heat input; or (6.5E-    dscm per run.
                                                                 03 lb per MMBtu of
                                                                 heat input).
13. Dutch Ovens/Pile burners designed  a. CO (or CEMS)........  1,010 ppm by volume on   1 hr minimum sampling
 to burn biomass/bio-based solids.                               a dry basis corrected    time.
                                                                 to 3 percent oxygen, 3-
                                                                 run average; or (520
                                                                 ppm by volume on a dry
                                                                 basis corrected to 3
                                                                 percent oxygen \c\ 10-
                                                                 day rolling average).
                                       b. Filterable PM (or     8.0E-03 lb per MMBtu of  Collect a minimum of 3
                                        TSM).                    heat input; or (3.9E-    dscm per run.
                                                                 05 lb per MMBtu of
                                                                 heat input).
14. Fuel cell units designed to burn   a. CO..................  910 ppm by volume on a   1 hr minimum sampling
 biomass/bio-based solids.                                       dry basis corrected to   time.
                                                                 3 percent oxygen.
                                       b. Filterable PM (or     2.0E-02 lb per MMBtu of  Collect a minimum of 2
                                        TSM).                    heat input; or (2.9E-    dscm per run.
                                                                 05 lb per MMBtu of
                                                                 heat input).
15. Hybrid suspension grate boiler     a. CO (or CEMS)........  1,100 ppm by volume on   1 hr minimum sampling
 designed to burn biomass/bio-based                              a dry basis corrected    time.
 solids.                                                         to 3 percent oxygen, 3-
                                                                 run average; or (900
                                                                 ppm by volume on a dry
                                                                 basis corrected to 3
                                                                 percent oxygen,\c\ 30-
                                                                 day rolling average).
                                       b. Filterable PM (or     2.6E-02 lb per MMBtu of  Collect a minimum of 3
                                        TSM).                    heat input; or (4.4E-    dscm per run
                                                                 04 lb per MMBtu of
                                                                 heat input).
16. Units designed to burn liquid      a. HCl.................  4.4E-04 lb per MMBtu of  For M26A: Collect a
 fuel.                                                           heat input.              minimum of 2 dscm per
                                                                                          run; for M26, collect
                                                                                          a minimum of 240
                                                                                          liters per run
                                       b. Mercury.............  4.8E-07 \a\ lb per       For M29, collect a
                                                                 MMBtu of heat input.     minimum of 4 dscm per
                                                                                          run; for M30A or M30B,
                                                                                          collect a minimum
                                                                                          sample as specified in
                                                                                          the method; for ASTM
                                                                                          D6784 \b\ collect a
                                                                                          minimum of 4 dscm.
17. Units designed to burn heavy       a. CO..................  130 ppm by volume on a   1 hr minimum sampling
 liquid fuel.                                                    dry basis corrected to   time.
                                                                 3 percent oxygen, 3-
                                                                 run average.

[[Page 60857]]

 
                                       b. Filterable PM (or     1.3E-02 lb per MMBtu of  Collect a minimum of 3
                                        TSM).                    heat input; or (7.5E-    dscm per run.
                                                                 05 lb per MMBtu of
                                                                 heat input).
18. Units designed to burn light       a. CO..................  130 ppm by volume on a   1 hr minimum sampling
 liquid fuel.                                                    dry basis corrected to   time.
                                                                 3 percent oxygen.
                                       b. Filterable PM (or     2.0E-03 \a\ lb per       Collect a minimum of 3
                                        TSM).                    MMBtu of heat input;     dscm per run
                                                                 or (2.9E-05 lb per
                                                                 MMBtu of heat input).
19. Units designed to burn liquid      a. CO..................  130 ppm by volume on a   1 hr minimum sampling
 fuel that are non-continental units.                            dry basis corrected to   time.
                                                                 3 percent oxygen, 3-
                                                                 run average based on
                                                                 stack test.
                                       b. Filterable PM (or     2.3E-02 lb per MMBtu of  Collect a minimum of 4
                                        TSM).                    heat input; or (8.6E-    dscm per run
                                                                 04 lb per MMBtu of
                                                                 heat input).
20. Units designed to burn gas 2       a. CO..................  130 ppm by volume on a   1 hr minimum sampling
 (other) gases.                                                  dry basis corrected to   time.
                                                                 3 percent oxygen.
                                       b. HCl.................  1.7E-03 lb per MMBtu of  For M26A, Collect a
                                                                 heat input.              minimum of 2 dscm per
                                                                                          run; for M26, collect
                                                                                          a minimum of 240
                                                                                          liters per run.
                                       c. Mercury.............  7.9E-06 lb per MMBtu of  For M29, collect a
                                                                 heat input.              minimum of 3 dscm per
                                                                                          run; for M30A or M30B,
                                                                                          collect a minimum
                                                                                          sample as specified in
                                                                                          the method; for ASTM
                                                                                          D6784 \b\ collect a
                                                                                          minimum of 3 dscm.
                                       d. Filterable PM (or     6.7E-03 lb per MMBtu of  Collect a minimum of 3
                                        TSM).                    heat input; or (2.1E-    dscm per run.
                                                                 04 lb per MMBtu of
                                                                 heat input).
----------------------------------------------------------------------------------------------------------------
\a\ If you are conducting stack tests to demonstrate compliance and your performance tests for this pollutant
  for at least 2 consecutive years show that your emissions are at or below this limit, you can skip testing
  according to Sec.   63.7515 if all of the other provision of Sec.   63.7515 are met. For all other pollutants
  that do not contain a footnote ``a'', your performance tests for this pollutant for at least 2 consecutive
  years must show that your emissions are at or below 75 percent of this limit in order to qualify for skip
  testing.
\b\ Incorporated by reference, see Sec.   63.14.
\c\ An owner or operator may determine compliance with the carbon monoxide emissions limit using carbon dioxide
  as a diluent correction in place of oxygen as described in Sec.   63.7525(a)(1). EPA Method 19 F-factors in 40
  CFR part 60, appendix A-7, and EPA Method 19 equations in 40 CFR part 60, appendix A-7, must be used to
  generate the appropriate CO2 correction percentage for the fuel type burned in the unit, and must also take
  into account that the 3% oxygen correction is to be done on a dry basis. The methodology must account for any
  CO2 being added to, or removed from, the emissions gas stream as a result of limestone injection, scrubber
  media, etc. This methodology must be detailed in the site-specific monitoring plan developed according to Sec.
    63.7505(d).


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

 Table 12 to Subpart DDDDD of Part 63--Alternative Emission Limits for New or Reconstructed Boilers and Process
     Heaters That Commenced Construction or Reconstruction After May 20, 2011, and Before December 23, 2011
----------------------------------------------------------------------------------------------------------------
                                                                 The emissions must not
                                                                  exceed the following
 If your boiler or process heater is      For the following     emission limits, except    Using this specified
      in this subcategory . . .            pollutants . . .        during periods of     sampling volume or test
                                                                 startup and shutdown .     run duration . . .
                                                                          . .
----------------------------------------------------------------------------------------------------------------
1. Units in all subcategories          a. HCl.................  0.022 lb per MMBtu of    For M26A, collect a
 designed to burn solid fuel.                                    heat input.              minimum of 1 dscm per
                                                                                          run; for M26 collect a
                                                                                          minimum of 120 liters
                                                                                          per run.
                                       b. Mercury.............  3.5E-06 \a\ lb per       For M29, collect a
                                                                 MMBtu of heat input.     minimum of 3 dscm per
                                                                                          run; for M30A or M30B,
                                                                                          collect a minimum
                                                                                          sample as specified in
                                                                                          the method; for ASTM
                                                                                          D6784 \b\ collect a
                                                                                          minimum of 3 dscm.
2. Units design to burn coal/solid     a. Filterable PM (or     1.1E-03 lb per MMBtu of  Collect a minimum of 3
 fossil fuel.                           TSM).                    heat input; or (2.3E-    dscm per run.
                                                                 05 lb per MMBtu of
                                                                 heat input).
3. Pulverized coal boilers designed    a. Carbon monoxide (CO)  130 ppm by volume on a   1 hr minimum sampling
 to burn coal/solid fossil fuel.        (or CEMS).               dry basis corrected to   time.
                                                                 3 percent oxygen, 3-
                                                                 run average; or (320
                                                                 ppm by volume on a dry
                                                                 basis corrected to 3
                                                                 percent oxygen,\c\ 30-
                                                                 day rolling average).
4. Stokers designed to burn coal/      a. CO (or CEMS)........  130 ppm by volume on a   1 hr minimum sampling
 solid fossil fuel.                                              dry basis corrected to   time.
                                                                 3 percent oxygen, 3-
                                                                 run average; or (340
                                                                 ppm by volume on a dry
                                                                 basis corrected to 3
                                                                 percent oxygen,\c\ 10-
                                                                 day rolling average).
5. Fluidized bed units designed to     a. CO (or CEMS)........  130 ppm by volume on a   1 hr minimum sampling
 burn coal/solid fossil fuel.                                    dry basis corrected to   time.
                                                                 3 percent oxygen, 3-
                                                                 run average; or (230
                                                                 ppm by volume on a dry
                                                                 basis corrected to 3
                                                                 percent oxygen,\c\ 30-
                                                                 day rolling average).
6. Fluidized bed units with an         a. CO (or CEMS)........  140 ppm by volume on a   1 hr minimum sampling
 integrated heat exchanger designed                              dry basis corrected to   time.
 to burn coal/solid fossil fuel.                                 3 percent oxygen, 3-
                                                                 run average; or (150
                                                                 ppm by volume on a dry
                                                                 basis corrected to 3
                                                                 percent oxygen,\c\ 30-
                                                                 day rolling average).
7. Stokers/sloped grate/others         a. CO (or CEMS)........  620 ppm by volume on a   1 hr minimum sampling
 designed to burn wet biomass fuel.                              dry basis corrected to   time.
                                                                 3 percent oxygen, 3-
                                                                 run average; or (390
                                                                 ppm by volume on a dry
                                                                 basis corrected to 3
                                                                 percent oxygen,\c\ 30-
                                                                 day rolling average).

[[Page 60858]]

 
                                       b. Filterable PM (or     3.0E-02 lb per MMBtu of  Collect a minimum of 2
                                        TSM).                    heat input; or (2.6E-    dscm per run.
                                                                 05 lb per MMBtu of
                                                                 heat input).
8. Stokers/sloped grate/others         a. CO..................  460 ppm by volume on a   1 hr minimum sampling
 designed to burn kiln-dried biomass                             dry basis corrected to   time.
 fuel.                                                           3 percent oxygen.
                                       b. Filterable PM (or     3.0E-02 lb per MMBtu of  Collect a minimum of 2
                                        TSM).                    heat input; or (4.0E-    dscm per run.
                                                                 03 lb per MMBtu of
                                                                 heat input).
9. Fluidized bed units designed to     a. CO (or CEMS)........  260 ppm by volume on a   1 hr minimum sampling
 burn biomass/bio-based solids.                                  dry basis corrected to   time.
                                                                 3 percent oxygen, 3-
                                                                 run average; or (310
                                                                 ppm by volume on a dry
                                                                 basis corrected to 3
                                                                 percent oxygen,\c\ 30-
                                                                 day rolling average).
                                       b. Filterable PM (or     9.8E-03 lb per MMBtu of  Collect a minimum of 3
                                        TSM).                    heat input; or (8.3E-    dscm per run.
                                                                 05 \a\ lb per MMBtu of
                                                                 heat input).
10. Suspension burners designed to     a. CO (or CEMS)........  2,400 ppm by volume on   1 hr minimum sampling
 burn biomass/bio-based solids.                                  a dry basis corrected    time.
                                                                 to 3 percent oxygen, 3-
                                                                 run average; or (2,000
                                                                 ppm by volume on a dry
                                                                 basis corrected to 3
                                                                 percent oxygen,\c\ 10-
                                                                 day rolling average).
                                       b. Filterable PM (or     3.0E-02 lb per MMBtu of  Collect a minimum of 2
                                        TSM).                    heat input; or (6.5E-    dscm per run.
                                                                 03 lb per MMBtu of
                                                                 heat input).
11. Dutch Ovens/Pile burners designed  a. CO (or CEMS)........  470 ppm by volume on a   1 hr minimum sampling
 to burn biomass/bio-based solids.                               dry basis corrected to   time.
                                                                 3 percent oxygen, 3-
                                                                 run average; or (520
                                                                 ppm by volume on a dry
                                                                 basis corrected to 3
                                                                 percent oxygen,\c\ 10-
                                                                 day rolling average).
                                       b. Filterable PM (or     3.2E-03 lb per MMBtu of  Collect a minimum of 3
                                        TSM).                    heat input; or (3.9E-    dscm per run.
                                                                 05 lb per MMBtu of
                                                                 heat input).
12. Fuel cell units designed to burn   a. CO..................  910 ppm by volume on a   1 hr minimum sampling
 biomass/bio-based solids.                                       dry basis corrected to   time.
                                                                 3 percent oxygen.
                                       b. Filterable PM (or     2.0E-02 lb per MMBtu of  Collect a minimum of 2
                                        TSM).                    heat input; or (2.9E-    dscm per run.
                                                                 05 lb per MMBtu of
                                                                 heat input).
13. Hybrid suspension grate boiler     a. CO (or CEMS)........  1,500 ppm by volume on   1 hr minimum sampling
 designed to burn biomass/bio-based                              a dry basis corrected    time.
 solids.                                                         to 3 percent oxygen, 3-
                                                                 run average; or (900
                                                                 ppm by volume on a dry
                                                                 basis corrected to 3
                                                                 percent oxygen,\c\ 30-
                                                                 day rolling average).
                                       b. Filterable PM (or     2.6E-02 lb per MMBtu of  Collect a minimum of 3
                                        TSM).                    heat input; or (4.4E-    dscm per run.
                                                                 04 lb per MMBtu of
                                                                 heat input).
14. Units designed to burn liquid      a. HCl.................  4.4E-04 lb per MMBtu of  For M26A: Collect a
 fuel.                                                           heat input.              minimum of 2 dscm per
                                                                                          run; for M26, collect
                                                                                          a minimum of 240
                                                                                          liters per run.
                                       b. Mercury.............  4.8E-07 \a\ lb per       For M29, collect a
                                                                 MMBtu of heat input.     minimum of 4 dscm per
                                                                                          run; for M30A or M30B,
                                                                                          collect a minimum
                                                                                          sample as specified in
                                                                                          the method; for ASTM
                                                                                          D6784 \b\ collect a
                                                                                          minimum of 4 dscm.
15. Units designed to burn heavy       a. CO..................  130 ppm by volume on a   1 hr minimum sampling
 liquid fuel.                                                    dry basis corrected to   time.
                                                                 3 percent oxygen, 3-
                                                                 run average.
                                       b. Filterable PM (or     1.3E-02 lb per MMBtu of  Collect a minimum of 2
                                        TSM).                    heat input; or (7.5E-    dscm per run.
                                                                 05 lb per MMBtu of
                                                                 heat input).
16. Units designed to burn light       a. CO..................  130 ppm by volume on a   1 hr minimum sampling
 liquid fuel.                                                    dry basis corrected to   time.
                                                                 3 percent oxygen.
                                       b. Filterable PM (or     1.3E-03 \a\ lb per       Collect a minimum of 3
                                        TSM).                    MMBtu of heat input;     dscm per run.
                                                                 or (2.9E-05 lb per
                                                                 MMBtu of heat input).
17. Units designed to burn liquid      a. CO..................  130 ppm by volume on a   1 hr minimum sampling
 fuel that are non-continental units.                            dry basis corrected to   time.
                                                                 3 percent oxygen, 3-
                                                                 run average based on
                                                                 stack test.
                                       b. Filterable PM (or     2.3E-02 lb per MMBtu of  Collect a minimum of 4
                                        TSM).                    heat input; or (8.6E-    dscm per run.
                                                                 04 lb per MMBtu of
                                                                 heat input).
18. Units designed to burn gas 2       a. CO..................  130 ppm by volume on a   1 hr minimum sampling
 (other) gases.                                                  dry basis corrected to   time.
                                                                 3 percent oxygen.
                                       b. HCl.................  1.7E-03 lb per MMBtu of  For M26A, Collect a
                                                                 heat input.              minimum of 2 dscm per
                                                                                          run; for M26, collect
                                                                                          a minimum of 240
                                                                                          liters per run.
                                       c. Mercury.............  7.9E-06 lb per MMBtu of  For M29, collect a
                                                                 heat input.              minimum of 3 dscm per
                                                                                          run; for M30A or M30B,
                                                                                          collect a minimum
                                                                                          sample as specified in
                                                                                          the method; for ASTM
                                                                                          D6784 \b\ collect a
                                                                                          minimum of 3 dscm.
                                       d. Filterable PM (or     6.7E-03 lb per MMBtu of  Collect a minimum of 3
                                        TSM).                    heat input; or (2.1E-    dscm per run.
                                                                 04 lb per MMBtu of
                                                                 heat input).
----------------------------------------------------------------------------------------------------------------
\a\ If you are conducting stack tests to demonstrate compliance and your performance tests for this pollutant
  for at least 2 consecutive years show that your emissions are at or below this limit, you can skip testing
  according to Sec.   63.7515 if all of the other provision of Sec.   63.7515 are met. For all other pollutants
  that do not contain a footnote ``a'', your performance tests for this pollutant for at least 2 consecutive
  years must show that your emissions are at or below 75 percent of this limit in order to qualify for skip
  testing.
\b\ Incorporated by reference, see Sec.   63.14.

[[Page 60859]]

 
\c\ An owner or operator may determine compliance with the carbon monoxide emissions limit using carbon dioxide
  as a diluent correction in place of oxygen as described in Sec.   63.7525(a)(1). EPA Method 19 F-factors in 40
  CFR part 60, appendix A-7, and EPA Method 19 equations in 40 CFR part 60, appendix A-7, must be used to
  generate the appropriate CO2 correction percentage for the fuel type burned in the unit, and must also take
  into account that the 3% oxygen correction is to be done on a dry basis. The methodology must account for any
  CO2 being added to, or removed from, the emissions gas stream as a result of limestone injection, scrubber
  media, etc. This methodology must be detailed in the site-specific monitoring plan developed according to Sec.
    63.7505(d).


0
25. Table 13 to subpart DDDDD is of part 63 is revised to read as 
follows:

 Table 13 to Subpart DDDDD of Part 63--Alternative Emission Limits for New or Reconstructed Boilers and Process
     Heaters That Commenced Construction or Reconstruction After December 23, 2011, and Before April 1, 2013
----------------------------------------------------------------------------------------------------------------
                                                                 The emissions must not
                                                                  exceed the following
  If your boiler or process heater is      For the following    emission limits, except    Using this specified
      in this subcategory . . .            pollutants . . .        during periods of     sampling volume or test
                                                                 startup and shutdown .     run duration . . .
                                                                          . .
----------------------------------------------------------------------------------------------------------------
1. Units in all subcategories          a. HCl.................  0.022 lb per MMBtu of    For M26A, collect a
 designed to burn solid fuel.                                    heat input.              minimum of 1 dscm per
                                                                                          run; for M26 collect a
                                                                                          minimum of 120 liters
                                                                                          per run.
                                       b. Mercury.............  8.6E-07 \a\ lb per       For M29, collect a
                                                                 MMBtu of heat input.     minimum of 4 dscm per
                                                                                          run; for M30A or M30B,
                                                                                          collect a minimum
                                                                                          sample as specified in
                                                                                          the method; for ASTM
                                                                                          D6784 \b\ collect a
                                                                                          minimum of 4 dscm.
2. Pulverized coal boilers designed    a. Carbon monoxide (CO)  130 ppm by volume on a   1 hr minimum sampling
 to burn coal/solid fossil fuel.        (or CEMS).               dry basis corrected to   time.
                                                                 3 percent oxygen, 3-
                                                                 run average; or (320
                                                                 ppm by volume on a dry
                                                                 basis corrected to 3
                                                                 percent oxygen,\c\ 30-
                                                                 day rolling average).
                                       b. Filterable PM (or     1.1E-03 lb per MMBtu of  Collect a minimum of 3
                                        TSM).                    heat input; or (2.8E-    dscm per run.
                                                                 05 lb per MMBtu of
                                                                 heat input).
3. Stokers designed to burn coal/      a. CO (or CEMS)........  130 ppm by volume on a   1 hr minimum sampling
 solid fossil fuel.                                              dry basis corrected to   time.
                                                                 3 percent oxygen, 3-
                                                                 run average; or (340
                                                                 ppm by volume on a dry
                                                                 basis corrected to 3
                                                                 percent oxygen,\c\ 10-
                                                                 day rolling average).
                                       b. Filterable PM (or     2.8E-02 lb per MMBtu of  Collect a minimum of 2
                                        TSM).                    heat input; or (2.3E-    dscm per run.
                                                                 05 lb per MMBtu of
                                                                 heat input).
4. Fluidized bed units designed to     a. CO (or CEMS)........  130 ppm by volume on a   1 hr minimum sampling
 burn coal/solid fossil fuel.                                    dry basis corrected to   time.
                                                                 3 percent oxygen, 3-
                                                                 run average; or (230
                                                                 ppm by volume on a dry
                                                                 basis corrected to 3
                                                                 percent oxygen,\c\ 30-
                                                                 day rolling average).
                                       b. Filterable PM (or     1.1E-03 lb per MMBtu of  Collect a minimum of 3
                                        TSM).                    heat input; or (2.3E-    dscm per run.
                                                                 05 lb per MMBtu of
                                                                 heat input).
5. Fluidized bed units with an         a. CO (or CEMS)........  140 ppm by volume on a   1 hr minimum sampling
 integrated heat exchanger designed                              dry basis corrected to   time.
 to burn coal/solid fossil fuel.                                 3 percent oxygen, 3-
                                                                 run average; or (150
                                                                 ppm by volume on a dry
                                                                 basis corrected to 3
                                                                 percent oxygen,\c\ 30-
                                                                 day rolling average).
                                       b. Filterable PM (or     1.1E-03 lb per MMBtu of  Collect a minimum of 3
                                        TSM).                    heat input; or (2.3E-    dscm per run.
                                                                 05 lb per MMBtu of
                                                                 heat input).
6. Stokers/sloped grate/others         a. CO (or CEMS)........  620 ppm by volume on a   1 hr minimum sampling
 designed to burn wet biomass fuel.                              dry basis corrected to   time.
                                                                 3 percent oxygen, 3-
                                                                 run average; or (410
                                                                 ppm by volume on a dry
                                                                 basis corrected to 3
                                                                 percent oxygen,\c\ 10-
                                                                 day rolling average).
                                       b. Filterable PM (or     3.0E-02 lb per MMBtu of  Collect a minimum of 2
                                        TSM).                    heat input; or (2.6E-    dscm per run.
                                                                 05 lb per MMBtu of
                                                                 heat input).
7. Stokers/sloped grate/others         a. CO..................  460 ppm by volume on a   1 hr minimum sampling
 designed to burn kiln-dried biomass                             dry basis corrected to   time.
 fuel.                                                           3 percent oxygen.
                                       b. Filterable PM (or     3.2E-01 lb per MMBtu of  Collect a minimum of 2
                                        TSM).                    heat input; or (4.0E-    dscm per run.
                                                                 03 lb per MMBtu of
                                                                 heat input).
8. Fluidized bed units designed to     a. CO (or CEMS)........  230 ppm by volume on a   1 hr minimum sampling
 burn biomass/bio-based solids.                                  dry basis corrected to   time.
                                                                 3 percent oxygen, 3-
                                                                 run average; or (310
                                                                 ppm by volume on a dry
                                                                 basis corrected to 3
                                                                 percent oxygen,\c\ 30-
                                                                 day rolling average).
                                       b. Filterable PM (or     9.8E-03 lb per MMBtu of  Collect a minimum of 3
                                        TSM).                    heat input; or (8.3E-    dscm per run.
                                                                 05 \a\ lb per MMBtu of
                                                                 heat input).
9. Suspension burners designed to      a. CO (or CEMS)........  2,400 ppm by volume on   1 hr minimum sampling
 burn biomass/bio-based solids.                                  a dry basis corrected    time.
                                                                 to 3 percent oxygen, 3-
                                                                 run average; or (2,000
                                                                 ppm by volume on a dry
                                                                 basis corrected to 3
                                                                 percent oxygen,\c\ 10-
                                                                 day rolling average).
                                       b. Filterable PM (or     5.1E-02 lb per MMBtu of  Collect a minimum of 2
                                        TSM).                    heat input; or (6.5E-    dscm per run.
                                                                 03 lb per MMBtu of
                                                                 heat input).
10. Dutch Ovens/Pile burners designed  a. CO (or CEMS)........  810 ppm by volume on a   1 hr minimum sampling
 to burn biomass/bio-based solids.                               dry basis corrected to   time.
                                                                 3 percent oxygen, 3-
                                                                 run average; or (520
                                                                 ppm by volume on a dry
                                                                 basis corrected to 3
                                                                 percent oxygen,\c\ 10-
                                                                 day rolling average).
                                       b. Filterable PM (or     3.6E-02 lb per MMBtu of  Collect a minimum of 2
                                        TSM).                    heat input; or (3.9E-    dscm per run.
                                                                 05 lb per MMBtu of
                                                                 heat input).
11. Fuel cell units designed to burn   a. CO..................  910 ppm by volume on a   1 hr minimum sampling
 biomass/bio-based solids.                                       dry basis corrected to   time.
                                                                 3 percent oxygen.
                                       b. Filterable PM (or     2.0E-02 lb per MMBtu of  Collect a minimum of 2
                                        TSM).                    heat input; or (2.9E-    dscm per run.
                                                                 05 lb per MMBtu of
                                                                 heat input).

[[Page 60860]]

 
12. Hybrid suspension grate boiler     a. CO (or CEMS)........  1,500 ppm by volume on   1 hr minimum sampling
 designed to burn biomass/bio-based                              a dry basis corrected    time.
 solids.                                                         to 3 percent oxygen, 3-
                                                                 run average; or (900
                                                                 ppm by volume on a dry
                                                                 basis corrected to 3
                                                                 percent oxygen,\c\ 30-
                                                                 day rolling average).
                                       b. Filterable PM (or     2.6E-02 lb per MMBtu of  Collect a minimum of 3
                                        TSM).                    heat input; or (4.4E-    dscm per run.
                                                                 04 lb per MMBtu of
                                                                 heat input).
13. Units designed to burn liquid      a. HCl.................  1.2E-03 lb per MMBtu of  For M26A: Collect a
 fuel.                                                           heat input.              minimum of 2 dscm per
                                                                                          run; for M26, collect
                                                                                          a minimum of 240
                                                                                          liters per run.
                                       b. Mercury.............  4.9E-07 \a\ lb per       For M29, collect a
                                                                 MMBtu of heat input.     minimum of 4 dscm per
                                                                                          run; for M30A or M30B,
                                                                                          collect a minimum
                                                                                          sample as specified in
                                                                                          the method; for ASTM
                                                                                          D6784 \b\collect a
                                                                                          minimum of 4 dscm.
14. Units designed to burn heavy       a. CO (or CEMS)........  130 ppm by volume on a   1 hr minimum sampling
 liquid fuel.                                                    dry basis corrected to   time.
                                                                 3 percent oxygen, 3-
                                                                 run average; or (18
                                                                 ppm by volume on a dry
                                                                 basis corrected to 3
                                                                 percent oxygen,\c\ 10-
                                                                 day rolling average).
                                       b. Filterable PM (or     1.3E-03 lb per MMBtu of  Collect a minimum of 3
                                        TSM).                    heat input; or (7.5E-    dscm per run.
                                                                 05 lb per MMBtu of
                                                                 heat input).
15. Units designed to burn light       a. CO (or CEMS)........  130 \a\ ppm by volume    1 hr minimum sampling
 liquid fuel.                                                    on a dry basis           time.
                                                                 corrected to 3 percent
                                                                 oxygen; or (60 ppm by
                                                                 volume on a dry basis
                                                                 corrected to 3 percent
                                                                 oxygen,\c\ 1-day block
                                                                 average)..
                                       b. Filterable PM (or     1.1E-03 \a\ lb per       Collect a minimum of 3
                                        TSM).                    MMBtu of heat input;     dscm per run.
                                                                 or (2.9E-05 lb per
                                                                 MMBtu of heat input).
16. Units designed to burn liquid      a. CO..................  130 ppm by volume on a   1 hr minimum sampling
 fuel that are non-continental units.                            dry basis corrected to   time.
                                                                 3 percent oxygen, 3-
                                                                 run average based on
                                                                 stack test; or (91 ppm
                                                                 by volume on a dry
                                                                 basis corrected to 3
                                                                 percent oxygen,\c\ 3-
                                                                 hour rolling average).
                                       b. Filterable PM (or     2.3E-02 lb per MMBtu of  Collect a minimum of 2
                                        TSM).                    heat input; or (8.6E-    dscm per run.
                                                                 04 lb per MMBtu of
                                                                 heat input).
17. Units designed to burn gas 2       a. CO..................  130 ppm by volume on a   1 hr minimum sampling
 (other) gases.                                                  dry basis corrected to   time.
                                                                 3 percent oxygen.
                                       b. HCl.................  1.7E-03 lb per MMBtu of  For M26A, Collect a
                                                                 heat input.              minimum of 2 dscm per
                                                                                          run; for M26, collect
                                                                                          a minimum of 240
                                                                                          liters per run.
                                       c. Mercury.............  7.9E-06 lb per MMBtu of  For M29, collect a
                                                                 heat input.              minimum of 3 dscm per
                                                                                          run; for M30A or M30B,
                                                                                          collect a minimum
                                                                                          sample as specified in
                                                                                          the method; for ASTM
                                                                                          D6784 \b\collect a
                                                                                          minimum of 3 dscm.
                                       d. Filterable PM (or     6.7E-03 lb per MMBtu of  Collect a minimum of 3
                                        TSM).                    heat input; or (2.1E-    dscm per run.
                                                                 04 lb per MMBtu of
                                                                 heat input).
----------------------------------------------------------------------------------------------------------------
\a\ If you are conducting stack tests to demonstrate compliance and your performance tests for this pollutant
  for at least 2 consecutive years show that your emissions are at or below this limit and you are not required
  to conduct testing for CEMS or CPMS monitor certification, you can skip testing according to Sec.   63.7515 if
  all of the other provision of Sec.   63.7515 are met. For all other pollutants that do not contain a footnote
  ``a'', your performance tests for this pollutant for at least 2 consecutive years must show that your
  emissions are at or below 75 percent of this limit in order to qualify for skip testing.
\b\ Incorporated by reference, see Sec.   63.14.
\c\ An owner or operator may determine compliance with the carbon monoxide emissions limit using carbon dioxide
  as a diluent correction in place of oxygen as described in Sec.   63.7525(a)(1). EPA Method 19 F-factors in 40
  CFR part 60, appendix A-7, and EPA Method 19 equations in 40 CFR part 60, appendix A-7, must be used to
  generate the appropriate CO2 correction percentage for the fuel type burned in the unit, and must also take
  into account that the 3% oxygen correction is to be done on a dry basis. The methodology must account for any
  CO2 being added to, or removed from, the emissions gas stream as a result of limestone injection, scrubber
  media, etc. This methodology must be detailed in the site-specific monitoring plan developed according to Sec.
    63.7505(d).

0
26. Add Table 14 to subpart DDDDD of part 63 to read as follows:

 Table 14 to Subpart DDDDD of Part 63--Alternative Emission Limits for New or Reconstructed Boilers and Process
                                                   Heaters \c\
  [As stated in Sec.   63.7500, you may continue to comply with the following applicable emission limits until
            October 6, 2025: [Units with heat input capacity of 10 million Btu per hour or greater]]
----------------------------------------------------------------------------------------------------------------
                                                                           Or the emissions
                                                      The emissions must    must not exceed
                                                        not exceed the       the following        Using this
If your boiler or process heater   For the following  following emission  alternative output- specified sampling
  is in this  subcategory . . .    pollutants . . .     limits, except       based limits,       volume or test
                                                      during startup and     except during    run duration . . .
                                                        shutdown . . .        startup and
                                                                            shutdown . . .
----------------------------------------------------------------------------------------------------------------
1. Units in all subcategories     a. HCl............  2.2E-02 lb per      2.5E-02 lb per      For M26A, collect
 designed to burn solid fuel..                         MMBtu of heat       MMBtu of steam      a minimum of 1
                                                       input.              output or 0.28 lb   dscm per run; for
                                                                           per MWh.            M26 collect a
                                                                                               minimum of 120
                                                                                               liters per run.

[[Page 60861]]

 
                                  b. Mercury........  8.0E-07 \a\ lb per  8.7E-07 \a\ lb per  For M29, collect a
                                                       MMBtu of heat       MMBtu of steam      minimum of 4 dscm
                                                       input.              output or 1.1E-05   per run; for M30A
                                                                           \a\ lb per MWh.     or M30B, collect
                                                                                               a minimum sample
                                                                                               as specified in
                                                                                               the method; for
                                                                                               ASTM D6784 \b\
                                                                                               collect a minimum
                                                                                               of 4 dscm.
2. Units designed to burn coal/   a. Filterable PM    1.1E-03 lb per      1.1E-03 lb per      Collect a minimum
 solid fossil fuel.                (or TSM).           MMBtu of heat       MMBtu of steam      of 3 dscm per
                                                       input; or (2.3E-    output or 1.4E-02   run.
                                                       05 lb per MMBtu     lb per MWh; or
                                                       of heat input).     (2.7E-05 lb per
                                                                           MMBtu of steam
                                                                           output or 2.9E-04
                                                                           lb per MWh).
3. Pulverized coal boilers        a. Carbon monoxide  130 ppm by volume   0.11 lb per MMBtu   1 hr minimum
 designed to burn coal/solid       (CO) (or CEMS).     on a dry basis      of steam output     sampling time.
 fossil fuel.                                          corrected to 3-     or 1.4 lb per
                                                       percent oxygen, 3-  MWh; 3-run
                                                       run average; or     average.
                                                       (320 ppm by
                                                       volume on a dry
                                                       basis corrected
                                                       to 3-percent
                                                       oxygen,\d\ 30-day
                                                       rolling average).
4. Stokers/others designed to     a. CO (or CEMS)...  130 ppm by volume   0.12 lb per MMBtu   1 hr minimum
 burn coal/solid fossil fuel.                          on a dry basis      of steam output     sampling time.
                                                       corrected to 3-     or 1.4 lb per
                                                       percent oxygen, 3-  MWh; 3-run
                                                       run average; or     average.
                                                       (340 ppm by
                                                       volume on a dry
                                                       basis corrected
                                                       to 3-percent
                                                       oxygen,\d\ 30-day
                                                       rolling average).
5. Fluidized bed units designed   a. CO (or CEMS)...  130 ppm by volume   0.11 lb per MMBtu   1 hr minimum
 to burn coal/solid fossil fuel.                       on a dry basis      of steam output     sampling time.
                                                       corrected to 3-     or 1.4 lb per
                                                       percent oxygen, 3-  MWh; 3-run
                                                       run average; or     average.
                                                       (230 ppm by
                                                       volume on a dry
                                                       basis corrected
                                                       to 3-percent
                                                       oxygen,\d\ 30-day
                                                       rolling average).
6. Fluidized bed units with an    a. CO (or CEMS)...  140 ppm by volume   1.2E-01 lb per      1 hr minimum
 integrated heat exchanger                             on a dry basis      MMBtu of steam      sampling time.
 designed to burn coal/solid                           corrected to 3-     output or 1.5 lb
 fossil fuel.                                          percent oxygen, 3-  per MWh; 3-run
                                                       run average; or     average.
                                                       (150 ppm by
                                                       volume on a dry
                                                       basis corrected
                                                       to 3- percent
                                                       oxygen,\d\ 30-day
                                                       rolling average).
7. Stokers/sloped grate/others    a. CO (or CEMS)...  620 ppm by volume   5.8E-01 lb per      1 hr minimum
 designed to burn wet biomass                          on a dry basis      MMBtu of steam      sampling time.
 fuel.                                                 corrected to 3-     output or 6.8 lb
                                                       percent oxygen, 3-  per MWh; 3-run
                                                       run average; or     average.
                                                       (390 ppm by
                                                       volume on a dry
                                                       basis corrected
                                                       to 3-percent
                                                       oxygen,\d\ 30-day
                                                       rolling average).
                                  b. Filterable PM    3.0E-02 lb per      3.5E-02 lb per      Collect a minimum
                                   (or TSM).           MMBtu of heat       MMBtu of steam      of 2 dscm per
                                                       input; or (2.6E-    output or 4.2E-01   run.
                                                       05 lb per MMBtu     lb per MWh; or
                                                       of heat input).     (2.7E-05 lb per
                                                                           MMBtu of steam
                                                                           output or 3.7E-04
                                                                           lb per MWh).
8. Stokers/sloped grate/others    a. CO.............  460 ppm by volume   4.2E-01 lb per      1 hr minimum
 designed to burn kiln-dried                           on a dry basis      MMBtu of steam      sampling time.
 biomass fuel.                                         corrected to 3-     output or 5.1 lb
                                                       percent oxygen.     per MWh.
                                  b. Filterable PM    3.0E-02 lb per      3.5E-02 lb per      Collect a minimum
                                   (or TSM).           MMBtu of heat       MMBtu of steam      of 2 dscm per
                                                       input; or (4.0E-    output or 4.2E-01   run.
                                                       03 lb per MMBtu     lb per MWh; or
                                                       of heat input).     (4.2E-03 lb per
                                                                           MMBtu of steam
                                                                           output or 5.6E-02
                                                                           lb per MWh).
9. Fluidized bed units designed   a. CO (or CEMS)...  230 ppm by volume   2.2E-01 lb per      1 hr minimum
 to burn biomass/bio-based                             on a dry basis      MMBtu of steam      sampling time.
 solids.                                               corrected to 3-     output or 2.6 lb
                                                       percent oxygen, 3-  per MWh; 3-run
                                                       run average; or     average.
                                                       (310 ppm by
                                                       volume on a dry
                                                       basis corrected
                                                       to 3-percent
                                                       oxygen,\d\ 30-day
                                                       rolling average).
                                  b. Filterable PM    9.8E-03 lb per      1.2E-02 lb per      Collect a minimum
                                   (or TSM).           MMBtu of heat       MMBtu of steam      of 3 dscm per
                                                       input; or (8.3E-    output or 0.14 lb   run.
                                                       05 \a\ lb per       per MWh; or (1.1E-
                                                       MMBtu of heat       04 \a\ lb per
                                                       input).             MMBtu of steam
                                                                           output or 1.2E-03
                                                                           \a\ lb per MWh).
10. Suspension burners designed   a. CO (or CEMS)...  2,400 ppm by        1.9 lb per MMBtu    1 hr minimum
 to burn biomass/bio-based                             volume on a dry     of steam output     sampling time.
 solids.                                               basis corrected     or 27 lb per MWh;
                                                       to 3-percent        3-run average.
                                                       oxygen, 3-run
                                                       average; or
                                                       (2,000 ppm by
                                                       volume on a dry
                                                       basis corrected
                                                       to 3-percent
                                                       oxygen,\d\ 10-day
                                                       rolling average).
                                  b. Filterable PM    3.0E-02 lb per      3.1E-02 lb per      Collect a minimum
                                   (or TSM).           MMBtu of heat       MMBtu of steam      of 2 dscm per
                                                       input; or (6.5E-    output or 4.2E-01   run.
                                                       03 lb per MMBtu     lb per MWh; or
                                                       of heat input).     (6.6E-03 lb per
                                                                           MMBtu of steam
                                                                           output or 9.1E-02
                                                                           lb per MWh).

[[Page 60862]]

 
11. Dutch Ovens/Pile burners      a. CO (or CEMS)...  330 ppm by volume   3.5E-01 lb per      1 hr minimum
 designed to burn biomass/bio-                         on a dry basis      MMBtu of steam      sampling time.
 based solids.                                         corrected to 3-     output or 3.6 lb
                                                       percent oxygen, 3-  per MWh; 3-run
                                                       run average; or     average.
                                                       (520 ppm by
                                                       volume on a dry
                                                       basis corrected
                                                       to 3-percent
                                                       oxygen,\d\ 10-day
                                                       rolling average).
                                  b. Filterable PM    3.2E-03 lb per      4.3E-03 lb per      Collect a minimum
                                   (or TSM).           MMBtu of heat       MMBtu of steam      of 3 dscm per
                                                       input; or (3.9E-    output or 4.5E-02   run.
                                                       05 lb per MMBtu     lb per MWh; or
                                                       of heat input).     (5.2E-05 lb per
                                                                           MMBtu of steam
                                                                           output or 5.5E-04
                                                                           lb per MWh).
12. Fuel cell units designed to   a. CO.............  910 ppm by volume   1.1 lb per MMBtu    1 hr minimum
 burn biomass/bio-based solids.                        on a dry basis      of steam output     sampling time.
                                                       corrected to 3-     or 1.0E+01 lb per
                                                       percent oxygen.     MWh.
                                  b. Filterable PM    2.0E-02 lb per      3.0E-02 lb per      Collect a minimum
                                   (or TSM).           MMBtu of heat       MMBtu of steam      of 2 dscm per
                                                       input; or (2.9E-    output or 2.8E-01   run.
                                                       05 lb per MMBtu     lb per MWh; or
                                                       of heat input).     (5.1E-05 lb per
                                                                           MMBtu of steam
                                                                           output or 4.1E-04
                                                                           lb per MWh).
13. Hybrid suspension grate       a. CO (or CEMS)...  1,100 ppm by        1.4 lb per MMBtu    1 hr minimum
 boiler designed to burn biomass/                      volume on a dry     of steam output     sampling time.
 bio-based solids.                                     basis corrected     or 12 lb per MWh;
                                                       to 3-percent        3-run average.
                                                       oxygen, 3-run
                                                       average; or (900
                                                       ppm by volume on
                                                       a dry basis
                                                       corrected to 3-
                                                       percent
                                                       oxygen,\d\ 30-day
                                                       rolling average).
                                  b. Filterable PM    2.6E-02 lb per      3.3E-02 lb per      Collect a minimum
                                   (or TSM).           MMBtu of heat       MMBtu of steam      of 3 dscm per
                                                       input; or (4.4E-    output or 3.7E-01   run.
                                                       04 lb per MMBtu     lb per MWh; or
                                                       of heat input).     (5.5E-04 lb per
                                                                           MMBtu of steam
                                                                           output or 6.2E-03
                                                                           lb per MWh).
14. Units designed to burn        a. HCl............  4.4E-04 lb per      4.8E-04 lb per      For M26A: Collect
 liquid fuel.                                          MMBtu of heat       MMBtu of steam      a minimum of 2
                                                       input.              output or 6.1E-03   dscm per run; for
                                                                           lb per MWh.         M26, collect a
                                                                                               minimum of 240
                                                                                               liters per run.
                                  b. Mercury........  4.8E-07 \a\ lb per  5.3E-07 \a\ lb per  For M29, collect a
                                                       MMBtu of heat       MMBtu of steam      minimum of 4 dscm
                                                       input.              output or 6.7E-06   per run; for M30A
                                                                           \a\ lb per MWh.     or M30B, collect
                                                                                               a minimum sample
                                                                                               as specified in
                                                                                               the method; for
                                                                                               ASTM D6784 \b\
                                                                                               collect a minimum
                                                                                               of 4 dscm.
15. Units designed to burn heavy  a. CO.............  130 ppm by volume   0.13 lb per MMBtu   1 hr minimum
 liquid fuel.                                          on a dry basis      of steam output     sampling time.
                                                       corrected to 3-     or 1.4 lb per
                                                       percent oxygen, 3-  MWh; 3-run
                                                       run average.        average.
                                  b. Filterable PM    1.3E-02 lb per      1.5E-02 lb per      Collect a minimum
                                   (or TSM).           MMBtu of heat       MMBtu of steam      of 3 dscm per
                                                       input; or (7.5E-    output or 1.8E-01   run.
                                                       05 \a\ lb per       lb per MWh; or
                                                       MMBtu of heat       (8.2E-05 \a\ lb
                                                       input).             per MMBtu of
                                                                           steam output or
                                                                           1.1E-03 \a\ lb
                                                                           per MWh).
16. Units designed to burn light  a. CO.............  130 ppm by volume   0.13 lb per MMBtu   1 hr minimum
 liquid fuel.                                          on a dry basis      of steam output     sampling time.
                                                       corrected to 3-     or 1.4 lb per MWh.
                                                       percent oxygen.
                                  b. Filterable PM    1.1E-03 \a\ lb per  1.2E-03 \a\ lb per  Collect a minimum
                                   (or TSM).           MMBtu of heat       MMBtu of steam      of 3 dscm per
                                                       input; or (2.9E-    output or 1.6E-02   run.
                                                       05 lb per MMBtu     \a\ lb per MWh;
                                                       of heat input).     or (3.2E-05 lb
                                                                           per MMBtu of
                                                                           steam output or
                                                                           4.0E-04 lb per
                                                                           MWh).
17. Units designed to burn        a. CO.............  130 ppm by volume   0.13 lb per MMBtu   1 hr minimum
 liquid fuel that are non-                             on a dry basis      of steam output     sampling time.
 continental units.                                    corrected to 3-     or 1.4 lb per
                                                       percent oxygen, 3-  MWh; 3-run
                                                       run average based   average.
                                                       on stack test.
                                  b. Filterable PM    2.3E-02 lb per      2.5E-02 lb per      Collect a minimum
                                   (or TSM).           MMBtu of heat       MMBtu of steam      of 4 dscm per
                                                       input; or (8.6E-    output or 3.2E-01   run.
                                                       04 lb per MMBtu     lb per MWh; or
                                                       of heat input).     (9.4E-04 lb per
                                                                           MMBtu of steam
                                                                           output or 1.2E-02
                                                                           lb per MWh).
18. Units designed to burn gas 2  a. CO.............  130 ppm by volume   0.16 lb per MMBtu   1 hr minimum
 (other) gases.                                        on a dry basis      of steam output     sampling time.
                                                       corrected to 3-     or 1.0 lb per MWh.
                                                       percent oxygen.
                                  b. HCl............  1.7E-03 lb per      2.9E-03 lb per      For M26A, Collect
                                                       MMBtu of heat       MMBtu of steam      a minimum of 2
                                                       input.              output or 1.8E-02   dscm per run; for
                                                                           lb per MWh.         M26, collect a
                                                                                               minimum of 240
                                                                                               liters per run.
                                  c. Mercury........  7.9E-06 lb per      1.4E-05 lb per      For M29, collect a
                                                       MMBtu of heat       MMBtu of steam      minimum of 3 dscm
                                                       input.              output or 8.3E-05   per run; for M30A
                                                                           lb per MWh.         or M30B, collect
                                                                                               a minimum sample
                                                                                               as specified in
                                                                                               the method; for
                                                                                               ASTM D6784 \b\
                                                                                               collect a minimum
                                                                                               of 3 dscm.

[[Page 60863]]

 
                                  d. Filterable PM    6.7E-03 lb per      1.2E-02 lb per      Collect a minimum
                                   (or TSM).           MMBtu of heat       MMBtu of steam      of 3 dscm per
                                                       input; or (2.1E-    output or 7.0E-02   run.
                                                       04 lb per MMBtu     lb per MWh; or
                                                       of heat input).     (3.5E-04 lb per
                                                                           MMBtu of steam
                                                                           output or 2.2E-03
                                                                           lb per MWh).
----------------------------------------------------------------------------------------------------------------
\a\ If you are conducting stack tests to demonstrate compliance and your performance tests for this pollutant
  for at least 2 consecutive years show that your emissions are at or below this limit, you can skip testing
  according to Sec.   63.7515 if all of the other provisions of Sec.   63.7515 are met. For all other pollutants
  that do not contain a footnote ``a'', your performance tests for this pollutant for at least 2 consecutive
  years must show that your emissions are at or below 75 percent of this limit in order to qualify for skip
  testing.
\b\ Incorporated by reference, see Sec.   63.14.
\c\ If your affected source is a new or reconstructed affected source that commenced construction or
  reconstruction after June 4, 2010, and before April 1, 2013, you may comply with the emission limits in Table
  11, 12, or 13 to this subpart until January 31, 2016. On and after January 31, 2016, but before October 6,
  2025 you may comply with the emission limits in this Table 14. On and after October 6, 2025, you must comply
  with the emission limits in Table 1 to this subpart.
\d\ An owner or operator may determine compliance with the carbon monoxide emissions limit using carbon dioxide
  as a diluent correction in place of oxygen as described in Sec.   63.7525(a)(1). EPA Method 19 F-factors in 40
  CFR part 60, appendix A-7, and EPA Method 19 equations in 40 CFR part 60, appendix A-7, must be used to
  generate the appropriate CO2 correction percentage for the fuel type burned in the unit, and must also take
  into account that the 3% oxygen correction is to be done on a dry basis. The methodology must account for any
  CO2 being added to, or removed from, the emissions gas stream as a result of limestone injection, scrubber
  media, etc. This methodology must be detailed in the site-specific monitoring plan developed according to Sec.
    63.7505(d).


0
27. Add Table 15 to subpart DDDDD of part 63 to read as follows:

 Table 15 to Subpart DDDDD of Part 63--Alternative Emission Limits for Existing Boilers and Process Heaters \d\
 [As stated in Sec.   63.7500, you may continue to comply with following emission limits until October 6, 2025:
                     [Units with heat input capacity of 10 million Btu per hour or greater]]
----------------------------------------------------------------------------------------------------------------
                                                                          The emissions must
                                                      The emissions must    not exceed the
                                                        not exceed the         following          Using this
If your boiler or process heater   For the following  following emission  alternative output- specified sampling
  is in this subcategory . . .     pollutants . . .     limits, except       based limits,    volume or test run
                                                      during startup and     except during      duration . . .
                                                        shutdown . . .        startup and
                                                                            shutdown . . .
----------------------------------------------------------------------------------------------------------------
1. Units in all subcategories     a. HCl............  2.2E-02 lb per      2.5E-02 lb per      For M26A, Collect
 designed to burn solid fuel.                          MMBtu of heat       MMBtu of steam      a minimum of 1
                                                       input.              output or 0.27 lb   dscm per run; for
                                                                           per MWh.            M26, collect a
                                                                                               minimum of 120
                                                                                               liters per run.
                                  b. Mercury........  5.7E-06 lb per      6.4E-06 lb per      For M29, collect a
                                                       MMBtu of heat       MMBtu of steam      minimum of 3 dscm
                                                       input.              output or 7.3E-05   per run; for M30A
                                                                           lb per MWh.         or M30B, collect
                                                                                               a minimum sample
                                                                                               as specified in
                                                                                               the method; for
                                                                                               ASTM D6784 \b\
                                                                                               collect a minimum
                                                                                               of 3 dscm.
2. Units design to burn coal/     a. Filterable PM    4.0E-02 lb per      4.2E-02 lb per      Collect a minimum
 solid fossil fuel.                (or TSM).           MMBtu of heat       MMBtu of steam      of 2 dscm per
                                                       input; or (5.3E-    output or 4.9E-01   run.
                                                       05 lb per MMBtu     lb per MWh; or
                                                       of heat input).     (5.6E-05 lb per
                                                                           MMBtu of steam
                                                                           output or 6.5E-04
                                                                           lb per MWh).
3. Pulverized coal boilers        a. CO (or CEMS)...  130 ppm by volume   0.11 lb per MMBtu   1 hr minimum
 designed to burn coal/solid                           on a dry basis      of steam output     sampling time.
 fossil fuel.                                          corrected to 3-     or 1.4 lb per
                                                       percent oxygen, 3-  MWh; 3-run
                                                       run average; or     average.
                                                       (320 ppm by
                                                       volume on a dry
                                                       basis corrected
                                                       to 3-percent
                                                       oxygen,\c\ 30-day
                                                       rolling average).
4. Stokers/others designed to     a. CO (or CEMS)...  160 ppm by volume   0.14 lb per MMBtu   1 hr minimum
 burn coal/solid fossil fuel.                          on a dry basis      of steam output     sampling time.
                                                       corrected to 3-     or 1.7 lb per
                                                       percent oxygen, 3-  MWh; 3-run
                                                       run average; or     average.
                                                       (340 ppm by
                                                       volume on a dry
                                                       basis corrected
                                                       to 3- percent
                                                       oxygen,\c\ 30-day
                                                       rolling average).
5. Fluidized bed units designed   a. CO (or CEMS)...  130 ppm by volume   0.12 lb per MMBtu   1 hr minimum
 to burn coal/solid fossil fuel.                       on a dry basis      of steam output     sampling time.
                                                       corrected to 3-     or 1.4 lb per
                                                       percent oxygen, 3-  MWh; 3-run
                                                       run average; or     average.
                                                       (230 ppm by
                                                       volume on a dry
                                                       basis corrected
                                                       to 3- percent
                                                       oxygen,\c\ 30-day
                                                       rolling average).
6. Fluidized bed units with an    a. CO (or CEMS)...  140 ppm by volume   1.3E-01 lb per      1 hr minimum
 integrated heat exchanger                             on a dry basis      MMBtu of steam      sampling time.
 designed to burn coal/solid                           corrected to 3-     output or 1.5 lb
 fossil fuel.                                          percent oxygen, 3-  per MWh; 3-run
                                                       run average; or     average.
                                                       (150 ppm by
                                                       volume on a dry
                                                       basis corrected
                                                       to 3-percent
                                                       oxygen,\c\ 30-day
                                                       rolling average).

[[Page 60864]]

 
7. Stokers/sloped grate/others    a. CO (or CEMS)...  1,500 ppm by        1.4 lb per MMBtu    1 hr minimum
 designed to burn wet biomass                          volume on a dry     of steam output     sampling time.
 fuel.                                                 basis corrected     or 17 lb per MWh;
                                                       to 3-percent        3-run average.
                                                       oxygen, 3-run
                                                       average; or (720
                                                       ppm by volume on
                                                       a dry basis
                                                       corrected to 3-
                                                       percent
                                                       oxygen,\c\ 30-day
                                                       rolling average).
                                  b. Filterable PM    3.7E-02 lb per      4.3E-02 lb per      Collect a minimum
                                   (or TSM).           MMBtu of heat       MMBtu of steam      of 2 dscm per
                                                       input; or (2.4E-    output or 5.2E-01   run.
                                                       04 lb per MMBtu     lb per MWh; or
                                                       of heat input).     (2.8E-04 lb per
                                                                           MMBtu of steam
                                                                           output or 3.4E-04
                                                                           lb per MWh).
8. Stokers/sloped grate/others    a. CO.............  460 ppm by volume   4.2E-01 lb per      1 hr minimum
 designed to burn kiln-dried                           on a dry basis      MMBtu of steam      sampling time.
 biomass fuel.                                         corrected to 3-     output or 5.1 lb
                                                       percent oxygen.     per MWh.
                                  b. Filterable PM    3.2E-01 lb per      3.7E-01 lb per      Collect a minimum
                                   (or TSM).           MMBtu of heat       MMBtu of steam      of 1 dscm per
                                                       input; or (4.0E-    output or 4.5 lb    run.
                                                       03 lb per MMBtu     per MWh; or (4.6E-
                                                       of heat input).     03 lb per MMBtu
                                                                           of steam output
                                                                           or 5.6E-02 lb per
                                                                           MWh).
9. Fluidized bed units designed   a. CO (or CEMS)...  470 ppm by volume   4.6E-01 lb per      1 hr minimum
 to burn biomass/bio-based solid.                      on a dry basis      MMBtu of steam      sampling time.
                                                       corrected to 3-     output or 5.2 lb
                                                       percent oxygen, 3-  per MWh; 3-run
                                                       run average; or     average.
                                                       (310 ppm by
                                                       volume on a dry
                                                       basis corrected
                                                       to 3- percent
                                                       oxygen,\c\ 30-day
                                                       rolling average).
                                  b. Filterable PM    1.1E-01 lb per      1.4E-01 lb per      Collect a minimum
                                   (or TSM).           MMBtu of heat       MMBtu of steam      of 1 dscm per
                                                       input; or (1.2E-    output or 1.6 lb    run.
                                                       03 lb per MMBtu     per MWh; or (1.5E-
                                                       of heat input).     03 lb per MMBtu
                                                                           of steam output
                                                                           or 1.7E-02 lb per
                                                                           MWh).
10. Suspension burners designed   a. CO (or CEMS)...  2,400 ppm by        1.9 lb per MMBtu    1 hr minimum
 to burn biomass/bio-based solid.                      volume on a dry     of steam output     sampling time.
                                                       basis corrected     or 27 lb per MWh;
                                                       to 3-percent        3-run average.
                                                       oxygen, 3-run
                                                       average; or
                                                       (2,000 ppm by
                                                       volume on a dry
                                                       basis corrected
                                                       to 3-percent
                                                       oxygen,\c\ 10-day
                                                       rolling average).
                                  b. Filterable PM    5.1E-02 lb per      5.2E-02 lb per      Collect a minimum
                                   (or TSM).           MMBtu of heat       MMBtu of steam      of 2 dscm per
                                                       input; or (6.5E-    output or 7.1E-01   run.
                                                       03 lb per MMBtu     lb per MWh; or
                                                       of heat input).     (6.6E-03 lb per
                                                                           MMBtu of steam
                                                                           output or 9.1E-02
                                                                           lb per MWh).
11. Dutch Ovens/Pile burners      a. CO (or CEMS)...  770 ppm by volume   8.4E-01 lb per      1 hr minimum
 designed to burn biomass/bio-                         on a dry basis      MMBtu of steam      sampling time.
 based solid.                                          corrected to 3-     output or 8.4 lb
                                                       percent oxygen, 3-  per MWh; 3-run
                                                       run average; or     average.
                                                       (520 ppm by
                                                       volume on a dry
                                                       basis corrected
                                                       to 3-percent
                                                       oxygen,\c\ 10-day
                                                       rolling average).
                                  b. Filterable PM    2.8E-01 lb per      3.9E-01 lb per      Collect a minimum
                                   (or TSM).           MMBtu of heat       MMBtu of steam      of 1 dscm per
                                                       input; or (2.0E-    output or 3.9 lb    run.
                                                       03 lb per MMBtu     per MWh; or (2.8E-
                                                       of heat input).     03 lb per MMBtu
                                                                           of steam output
                                                                           or 2.8E-02 lb per
                                                                           MWh).
12. Fuel cell units designed to   a. CO.............  1,100 ppm by        2.4 lb per MMBtu    1 hr minimum
 burn biomass/bio-based solid.                         volume on a dry     of steam output     sampling time.
                                                       basis corrected     or 12 lb per MWh.
                                                       to 3-percent
                                                       oxygen.
                                  b. Filterable PM    2.0E-02 lb per      5.5E-02 lb per      Collect a minimum
                                   (or TSM).           MMBtu of heat       MMBtu of steam      of 2 dscm per
                                                       input; or (5.8E-    output or 2.8E-01   run.
                                                       03 lb per MMBtu     lb per MWh; or
                                                       of heat input).     (1.6E-02 lb per
                                                                           MMBtu of steam
                                                                           output or 8.1E-02
                                                                           lb per MWh).
13. Hybrid suspension grate       a. CO (or CEMS)...  3,500 ppm by        3.5 lb per MMBtu    1 hr minimum
 units designed to burn biomass/                       volume on a dry     of steam output     sampling time.
 bio-based solid.                                      basis corrected     or 39 lb per MWh;
                                                       to 3-percent        3-run average.
                                                       oxygen, 3-run
                                                       average; or (900
                                                       ppm by volume on
                                                       a dry basis
                                                       corrected to 3-
                                                       percent
                                                       oxygen,\c\ 30-day
                                                       rolling average).
                                  b. Filterable PM    4.4E-01 lb per      5.5E-01 lb per      Collect a minimum
                                   (or TSM).           MMBtu of heat       MMBtu of steam      of 1 dscm per
                                                       input; or (4.5E-    output or 6.2 lb    run.
                                                       04 lb per MMBtu     per MWh; or (5.7E-
                                                       of heat input).     04 lb per MMBtu
                                                                           of steam output
                                                                           or 6.3E-03 lb per
                                                                           MWh).
14. Units designed to burn        a. HCl............  1.1E-03 lb per      1.4E-03 lb per      For M26A, collect
 liquid fuel.                                          MMBtu of heat       MMBtu of steam      a minimum of 2
                                                       input.              output or 1.6E-02   dscm per run; for
                                                                           lb per MWh.         M26, collect a
                                                                                               minimum of 240
                                                                                               liters per run.
                                  b. Mercury........  2.0E-06 lb per      2.5E-06 lb per      For M29, collect a
                                                       MMBtu of heat       MMBtu of steam      minimum of 3 dscm
                                                       input.              output or 2.8E-05   per run; for M30A
                                                                           lb per MWh.         or M30B collect a
                                                                                               minimum sample as
                                                                                               specified in the
                                                                                               method, for ASTM
                                                                                               D6784 \b\ collect
                                                                                               a minimum of 2
                                                                                               dscm.

[[Page 60865]]

 
15. Units designed to burn heavy  a. CO.............  130 ppm by volume   0.13 lb per MMBtu   1 hr minimum
 liquid fuel.                                          on a dry basis      of steam output     sampling time.
                                                       corrected to 3-     or 1.4 lb per
                                                       percent oxygen, 3-  MWh; 3-run
                                                       run average.        average.
                                  b. Filterable PM    6.2E-02 lb per      7.5E-02 lb per      Collect a minimum
                                   (or TSM).           MMBtu of heat       MMBtu of steam      of 1 dscm per
                                                       input; or (2.0E-    output or 8.6E-01   run.
                                                       04 lb per MMBtu     lb per MWh; or
                                                       of heat input).     (2.5E-04 lb per
                                                                           MMBtu of steam
                                                                           output or 2.8E-03
                                                                           lb per MWh).
16. Units designed to burn light  a. CO.............  130 ppm by volume   0.13 lb per MMBtu   1 hr minimum
 liquid fuel.                                          on a dry basis      of steam output     sampling time.
                                                       corrected to 3-     or 1.4 lb per MWh.
                                                       percent oxygen.
                                  b. Filterable PM    7.9E-03 lb per      9.6E-03 lb per      Collect a minimum
                                   (or TSM).           MMBtu of heat       MMBtu of steam      of 3 dscm per
                                                       input; or (6.2E-    output or 1.1E-01   run.
                                                       05 lb per MMBtu     lb per MWh; or
                                                       of heat input).     (7.5E-05 lb per
                                                                           MMBtu of steam
                                                                           output or 8.6E-04
                                                                           lb per MWh).
17. Units designed to burn        a. CO.............  130 ppm by volume   0.13 lb per MMBtu   1 hr minimum
 liquid fuel that are non-                             on a dry basis      of steam output     sampling time.
 continental units.                                    corrected to 3-     or 1.4 lb per
                                                       percent oxygen, 3-  MWh; 3-run
                                                       run average based   average.
                                                       on stack test.
                                  b. Filterable PM    2.7E-01 lb per      3.3E-01 lb per      Collect a minimum
                                   (or TSM).           MMBtu of heat       MMBtu of steam      of 2 dscm per
                                                       input; or (8.6E-    output or 3.8 lb    run.
                                                       04 lb per MMBtu     per MWh; or (1.1E-
                                                       of heat input).     03 lb per MMBtu
                                                                           of steam output
                                                                           or 1.2E-02 lb per
                                                                           MWh).
18. Units designed to burn gas 2  a. CO.............  130 ppm by volume   0.16 lb per MMBtu   1 hr minimum
 (other) gases.                                        on a dry basis      of steam output     sampling time.
                                                       corrected to 3-     or 1.0 lb per MWh.
                                                       percent oxygen.
                                  b. HCl............  1.7E-03 lb per      2.9E-03 lb per      For M26A, collect
                                                       MMBtu of heat       MMBtu of steam      a minimum of 2
                                                       input.              output or 1.8E-02   dscm per run; for
                                                                           lb per MWh.         M26, collect a
                                                                                               minimum of 240
                                                                                               liters per run.
                                  c. Mercury........  7.9E-06 lb per      1.4E-05 lb per      For M29, collect a
                                                       MMBtu of heat       MMBtu of steam      minimum of 3 dscm
                                                       input.              output or 8.3E-05   per run; for M30A
                                                                           lb per MWh.         or M30B, collect
                                                                                               a minimum sample
                                                                                               as specified in
                                                                                               the method; for
                                                                                               ASTM D6784 \b\
                                                                                               collect a minimum
                                                                                               of 2 dscm.
                                  d. Filterable PM    6.7E-03 lb per      1.2E-02 lb per      Collect a minimum
                                   (or TSM).           MMBtu of heat       MMBtu of steam      of three dscm per
                                                       input or (2.1E-04   output or 7.0E-02   run.
                                                       lb per MMBtu of     lb per MWh; or
                                                       heat input).        (3.5E-04 lb per
                                                                           MMBtu of steam
                                                                           output or 2.2E-03
                                                                           lb per MWh).
----------------------------------------------------------------------------------------------------------------
\a\ If you are conducting stack tests to demonstrate compliance and your performance tests for this pollutant
  for at least 2 consecutive years show that your emissions are at or below this limit, you can skip testing
  according to Sec.   63.7515 if all of the other provisions of Sec.   63.7515 are met. For all other pollutants
  that do not contain a footnote a, your performance tests for this pollutant for at least 2 consecutive years
  must show that your emissions are at or below 75 percent of this limit in order to qualify for skip testing.
\b\ Incorporated by reference, see Sec.   63.14.
\c\ An owner or operator may determine compliance with the carbon monoxide emissions limit using carbon dioxide
  as a diluent correction in place of oxygen as described in Sec.   63.7525(a)(1). EPA Method 19 F-factors in 40
  CFR part 60, appendix A-7, and EPA Method 19 equations in 40 CFR part 60, appendix A-7, must be used to
  generate the appropriate CO2 correction percentage for the fuel type burned in the unit, and must also take
  into account that the 3% oxygen correction is to be done on a dry basis. The methodology must account for any
  CO2 being added to, or removed from, the emissions gas stream as a result of limestone injection, scrubber
  media, etc. This methodology must be detailed in the site-specific monitoring plan developed according to Sec.
    63.7505(d).
\d\ Before October 6, 2025 you may comply with the emission limits in this Table 15. On and after October 6,
  2025, you must comply with the emission limits in Table 2 to this subpart.

[FR Doc. 2022-19612 Filed 10-5-22; 8:45 am]
BILLING CODE 6560-50-P