[Federal Register Volume 81, Number 66 (Wednesday, April 6, 2016)]
[Rules and Regulations]
[Pages 20171-20207]
[FR Doc No: 2016-06563]

Vol. 81

Wednesday,

No. 66

April 6, 2016

Part IV

Environmental Protection Agency

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40 CFR Parts 60 and 63

National Emission Standards for Hazardous Air Pollutants From Coal- and
Oil-Fired Electric Utility Steam Generating Units and Standards of
Performance for Fossil-Fuel-Fired Electric Utility, Industrial-
Commercial-Institutional, and Small Industrial-Commercial-Institutional
Steam Generating Units; Technical Correction; Final Rule

Federal Register / Vol. 81 , No. 66 / Wednesday, April 6, 2016 /
Rules and Regulations

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 60 and 63

[EPA-HQ-OAR-2009-0234 and EPA-HQ-OAR-2011-0044; FRL-9942-28-OAR]
RIN 2060-AS41

National Emission Standards for Hazardous Air Pollutants From
Coal- and Oil-Fired Electric Utility Steam Generating Units and
Standards of Performance for Fossil-Fuel-Fired Electric Utility,
Industrial-Commercial-Institutional, and Small Industrial-Commercial-
Institutional Steam Generating Units; Technical Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; technical corrections.

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SUMMARY: This action finalizes the technical corrections that the
Environmental Protection Agency (EPA) proposed on February 17, 2015, to
correct and clarify certain text of the EPA's regulations regarding
``National Emission Standards for Hazardous Air Pollutants from Coal-
and Oil-fired Electric Utility Steam Generating Units and Standards of
Performance for Fossil-Fuel-Fired Electric Utility, Industrial-
Commercial-Institutional, and Small Industrial-Commercial-Institutional
Steam Generating Units''. We are also taking final action to remove the
rule provision establishing an affirmative defense for malfunction.

DATES: The effective date of this rule is April 6, 2016.

ADDRESSES: Docket. The EPA has established two dockets for this action:
Docket ID No. EPA-HQ-OAR-2011-0044 (new source performance standards
(NSPS) action) and Docket ID No. EPA-HQ-OAR-2009-0234 (Mercury and Air
Toxics Standards (MATS) action). All documents in the dockets are
listed in the http://www.regulations.gov index. Although listed in the
index, 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, will be publicly available only in hard copy form. Publicly
available docket materials are available either electronically in
http://www.regulations.gov or in hard copy at the EPA Docket Center,
Room 3334, EPA WJC West Building, 1301 Constitution Avenue NW.,
Washington, DC 20004. The Public Reading Room is open from 8:30 a.m. to
4:30 p.m., Monday through Friday, excluding legal holidays. The
telephone number for the Public Reading Room is<PHONE_NUMBER>, and the
telephone number for the Air Docket is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: For questions about the MATS action:
Mr. Jim Eddinger, Energy Strategies Group, 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:<PHONE_NUMBER>; fax number<PHONE_NUMBER>;
email address<EMAIL_ADDRESS>For questions about the NSPS
action: Mr. Christian Fellner, Energy Strategies Group, 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:<PHONE_NUMBER>; fax
number<PHONE_NUMBER>; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

A. How can I get copies of this document and other related information?

    This Federal Register document and the document titled ``Summary of
Public Comments and Responses: MATS and Utility NSPS Technical
Corrections'' (TC RTC) are available in the dockets the EPA established
under Docket ID No. EPA-HQ-OAR-2009-0234 and Docket ID No. EPA-HQ-OAR-
2011-0044. The TC RTC is available in both the MATS and Utility NSPS
dockets by conducting a search of the title ``Summary of Public
Comments and Responses: MATS and Utility NSPS Technical Corrections.''
In addition to being available in the docket, electronic copies of
these documents are available on the www.regulations.gov Web site. This
Federal Register document and the TC RTC can also be found on the EPA's
Technology Transfer Network (TTN) Web site at http://www.epa.gov/ttn/atw/utility/utilitypg.html.

B. Judicial Review

    Under CAA section 307(b)(1), judicial review of this final rule is
available only by filing a petition for review in the U.S. Court of
Appeals for the District of Columbia Circuit by June 6, 2016. Under CAA
section 307(d)(7)(B), only an objection to this final rule that was
raised with reasonable specificity during the period for public comment
can be raised during judicial review. Note, under CAA section
307(b)(2), the requirements established by this final rule may not be
challenged separately in any civil or criminal proceedings brought by
the EPA to enforce these requirements.

I. Background

    The final Clean Air Act (CAA) rules published in the Federal
Register on February 16, 2012 (77 FR 9303), establish national emission
standards for hazardous air pollutants (NESHAP) from coal- and oil-
fired electric utility steam generating units (EGUs), referred to as
``MATS,'' and NSPS for fossil-fuel-fired electric utility, industrial-
commercial-institutional, and small industrial-commercial-institutional
steam generating units, referred to as the ``Utility NSPS''.
    In the February 17, 2015, Federal Register (80 FR 8442), the EPA
proposed to correct certain regulatory text. The proposed corrections
were categorized generally as follows: (a) Resolution of conflicts
between preamble and regulatory text, (b) corrections that were
inadvertently not made that the EPA stated it would make in response to
comments, and (c) clarification of language in regulatory text. In the
proposed rule, the EPA identified each proposed technical correction to
the regulatory text as found in the Code of Federal Regulations (i.e.,
40 CFR). Table 1 of this preamble lists the proposed revisions to the
regulatory text that the EPA is finalizing. In Table 2 below, the EPA
lists additional changes that the Agency determined were necessary to
conform to changes the Agency included in the proposed rule.

  Table 1--Summary of Proposed Technical Corrections and Clarifications
                             Being Finalized
------------------------------------------------------------------------
  Section of subpart Da  (40 CFR     Description of correction  (40 CFR
             part 60)                             part 60)
------------------------------------------------------------------------
40 CFR 60.48Da(f).................  Revise procedures for calculating
                                     compliance with the NSPS daily
                                     average particulate matter (PM)
                                     emission limit using PM continuous
                                     emission monitoring system (CEMS).
------------------------------------------------------------------------

 Section of subpart UUUUU  (40 CFR   Description of correction  (40 CFR
             part 63)                             part 63)
------------------------------------------------------------------------
40 CFR 63.9983(a).................  Revise to clarify that MATS does not
                                     apply to either major or area
                                     source combustion turbines, except
                                     for integrated gasification
                                     combined cycle (IGCC) units.
40 CFR 63.9983(b) and (c).........  Revise consistent with the
                                     definitional changes in 40 CFR
                                     63.10042.
40 CFR 63.9983(e).................  Add to clarify applicability to
                                     units meeting the definition of a
                                     natural gas-fired EGU in MATS, and,
                                     because they combust greater than
                                     10 percent biomass, also meet the
                                     definition of a biomass-fired
                                     boiler in the Industrial Boiler
                                     NESHAP (subpart DDDDD).
40 CFR 63.9991(c)(1) and (2)......  Revise to clarify the conditions
                                     that are required in order to use
                                     the alternate sulfur dioxide (SO2)
                                     limit.
40 CFR 63.10000(c)(1)(i)(A) and     Revise to clarify the provisions of
 63.10005(h).                        units designated as being low
                                     emitting EGUs (LEE) when an acid
                                     gas scrubber and a bypass stack are
                                     present.
40 CFR 63.10000(c)(1)(i)(C).......  Add to allow EGUs the ability to
                                     seek LEE status if their bypass
                                     stacks that are able to measure
                                     emissions and to allow EGUs with
                                     LEE status the ability to bypass
                                     emissions control devices during
                                     emergency periods.
40 CFR 63.10000(c)(2)(iii)........  Revise to state that EGU choosing to
                                     use quarterly testing and
                                     parametric monitoring for hydrogen
                                     fluoride (HF) or hydrogen chloride
                                     (HCl) compliance must include the
                                     continuous monitoring systems (CMS)
                                     in their site-specific monitoring
                                     plans.
40 CFR 63.10000(m)................  Add to clarify that EGUs choosing to
                                     meet the work practice standards
                                     contained in paragraph (2) of the
                                     definition of startup may verify,
                                     instead of certify, monitoring
                                     systems used to meet the work
                                     practice standards.
40 CFR 63.10001...................  Revise to remove the affirmative
                                     defense provisions.
40 CFR 63.10005(a)................  Revise to clarify that different
                                     compliance demonstrations may
                                     require different and additional
                                     types of data collection and to
                                     clarify the date by which
                                     compliance must be demonstrated for
                                     existing EGUs.
40 CFR 63.10005(a)(2).............  Revise to clarify the date by which
                                     compliance must be demonstrated for
                                     EGUs using CMS or sorbent trap
                                     monitoring systems.
40 CFR 63.10005(a)(2)(i)..........  Revise to clarify applicability of
                                     the provision to both the 30- and
                                     90-boiler operating day performance
                                     testing requirements.
40 CFR 63.10005(b)(6).............  Add to clarify the date EGUs must
                                     begin conducting required stack
                                     tests when stack test data
                                     collected prior to the applicable
                                     compliance date are submitted to
                                     satisfy initial performance test.
40 CFR 63.10005(d)(3) and           Revise to more clearly state when
 (d)(4)(i).                          compliance must be demonstrated.
40 CFR 63.10005(f)................  Revise to clarify when sources must
                                     complete the initial tune-up after
                                     the compliance date, and the timing
                                     for subsequent tune-ups when the
                                     initial tune-up is conducted prior
                                     to the compliance date.
40 CFR 63.10005(h)(3).............  Revise to clarify that the alternate
                                     30- and 90-day averaging provisions
                                     are both applicable to mercury (Hg)
                                     emission limits.
40 CFR 63.10005(i)(4).............  Revise to delete paragraphs (iii)
                                     and (iv). The identified test
                                     methods are not for determining
                                     fuel moisture content, as required
                                     in the provision.
40 CFR 63.10006(f)................  Revise to specify EGU operational
                                     status with respect to performance
                                     testing; the requirements if the
                                     performance testing schedule is
                                     missed; and intervals between
                                     performance tests.
40 CFR 63.10009(a)(2) and           Revise to clarify that the 90-boiler
 (a)(2)(i).                          operating day averaging period is
                                     an option for Hg emissions from non-
                                     low rank virgin coal-fired EGUs.
40 CFR 63.10009(b)(1).............  Revise to clarify group eligibility
                                     equations 1a and 1b.
40 CFR 63.10009(b)(2), (b)(3),      Revise to correct the term ``gross
 (f)(2), (g)(1), (g)(2), and         electric output'' to ``gross
 (j)(1)(ii).                         output'' which is the term defined
                                     in 40 CFR 63.10042.
40 CFR 63.10009(f)................  Revise to clarify the conditions for
                                     determining the ability of the
                                     emissions averaging group to meet
                                     the emissions limit and to clarify
                                     use of the alternate Hg emission
                                     limit.
40 CFR 63.10010(a)(4).............  Revise to add requirement to route
                                     exhaust gases that bypass emissions
                                     control devices through stacks that
                                     contain monitoring so that
                                     emissions can be measured and to
                                     clarify that hours that a bypass
                                     stack is in use are to be counted
                                     as hours of deviation from
                                     monitoring requirements.
40 CFR 63.10010(f)(3).............  Revise to clarify that 30-boiler
                                     operating day rolling averages are
                                     based only on valid hourly SO2
                                     emission rates.
40 CFR 63.10010(h)(6)(i) and (ii),  Revise to clarify that data
 (i)(5)(i)(A) and (B), and           collected during certain periods
 (j)(4)(i)(A) and (B).               are not to be included in
                                     compliance assessments but such
                                     periods are to be included in
                                     annual deviation reports.
40 CFR 63.10010(j)(l)(i)..........  Revise to replace the incorrect
                                     reference to Sec.   63.7(e) with
                                     the correct reference to Sec.
                                     63.8(d)(2).
40 CFR 63.10010(l) and (l)(4).....  Revise to clarify that EGU owners or
                                     operators who choose to meet the
                                     work practice standards contained
                                     in paragraph (2) of the definition
                                     of startup may verify, instead of
                                     certify, monitoring systems used.
40 CFR 63.10011(b)................  Revise to remove the incorrect
                                     reference to Table 4 and to replace
                                     the incorrect reference to Table 7
                                     with the correct reference to Table
                                     6.
------------------------------------------------------------------------

  Table 1--Summary of Proposed Technical Corrections and Clarifications
                       Being Finalized--Continued
------------------------------------------------------------------------
 Section of subpart UUUUU  (40 CFR   Description of correction  (40 CFR
             part 63)                             part 63)
------------------------------------------------------------------------
40 CFR 63.10011(c)(1) and (2).....  Revise to clarify the date by which
                                     compliance must be demonstrated by
                                     EGUs that use CEMS or sorbent trap
                                     monitoring systems and to clarify
                                     in 40 CFR 63.10011(c)(1) that the
                                     alternate Hg emission limit may be
                                     used.
40 CFR 63.10011(e)................  Revise to replace ``according to''
                                     with ``in accordance with.''
40 CFR 63.10011(g)(4)(v)(A) and     Revise to clarify our intent by
 Table 3.                            changing ``to the maximum extent
                                     possible'' to ``to the maximum
                                     extent possible, taking into
                                     account boiler or control device
                                     integrity.''
40 CFR 63.10020(e)................  Revise to clarify that it applies
                                     only to EGU owners or operators who
                                     choose to meet the work practice
                                     standards contained in paragraph
                                     (2) of the definition of startup.
                                     In addition, the undefined term
                                     ``electrical load'' has been
                                     replaced with the defined term
                                     ``gross output'' and the incorrect
                                     terms ``liquid to fuel ratio'' and
                                     ``the differential pressure of the
                                     liquid'' have been replaced with
                                     the correct terms ``liquid to flue
                                     gas ratio'' and ``the pressure drop
                                     across the scrubber.''
40 CFR 63.10021(d)(3).............  Revise to clarify the type of
                                     monitoring that is to be used to
                                     demonstrate compliance.
40 CFR 63.10021(e)................  Revise to clarify the condition that
                                     allows delay of burner inspections
                                     for initial tune-ups.
40 CFR 63.10021(e)(9).............  Revise to clarify the dates that
                                     tune-ups must be reported.
40 CFR 63.10023(b) and Table 6....  Revise to clarify that all EGUs
                                     using PM continuous parametric
                                     monitoring systems (CPMS) for
                                     compliance purposes are to follow
                                     the same procedure for determining
                                     the operating limit.
40 CFR 63.10030(e)(1).............  Revise to replace the phrase
                                     ``identification of which
                                     subcategory the source is in'' with
                                     ``identification of the subcategory
                                     of the source.''
40 CFR 63.10030(e)(7)(i)..........  Revise to delete and reserve since
                                     subsequent performance tests are
                                     not part of the Notification of
                                     Compliance Status.
40 CFR 63.10030(e)(7)(iii)........  Add to establish the procedures by
                                     which an EGU owner or operator may
                                     switch between mass per heat input
                                     and mass per gross output emission
                                     limits.
40 CFR 63.10030(e)(8)(i)..........  Revise to clarify that it applies
                                     only to EGU owners or operators who
                                     choose to meet the work practice
                                     standards contained in paragraph
                                     (2) of the definition of startup.
                                    Revise to clarify that PM control
                                     device efficiencies and PM emission
                                     rates are those of periods other
                                     than startup and shutdown periods.
40 CFR 63.10030(e)(8)(ii).........  Revise to remove the requirement for
                                     use of an independent professional
                                     engineer.
40 CFR 63.10030(f)................  Revise to add notification
                                     requirements for EGUs that move in
                                     and out of MATS applicability.
40 CFR 63.10031(c)(4).............  Revise to clarify the reporting
                                     requirements for EGU tune-ups.
40 CFR 63.10031(c)(5).............  Revise to clarify that it applies
                                     only to EGU owners or operators who
                                     choose to meet the work practice
                                     standards contained in paragraph
                                     (2) of the definition of startup.
40 CFR 63.10031(c)(6).............  Revise to add emergency bypass
                                     reporting for EGUs with LEE status.
40 CFR 63.10032(f)................  Revise to clarify that the
                                     requirements of Sec.
                                     63.10032(f)(1) apply only to those
                                     EGU owners or operators who choose
                                     to meet the work practice standards
                                     contained in paragraph (1) of the
                                     definition of startup, while the
                                     requirements of Sec.
                                     63.10032(f)(2) apply only to those
                                     EGU owners or operators who choose
                                     to meet the work practice standards
                                     contained in paragraph (2) of the
                                     definition of startup.
40 CFR 63.10042...................  The definitions of ``Coal-fired
                                     electric utility steam generating
                                     unit,'' ``Coal refuse,'' ``Fossil
                                     fuel-fired,'' ``Integrated
                                     gasification combined cycle
                                     electric utility steam generating
                                     unit or IGCC,'' ``Limited-use
                                     liquid oil-fired subcategory,''
                                     ``Natural gas-fired electric
                                     utility steam generating unit,''
                                     and ``Oil-fired electric utility
                                     steam generating unit'' are revised
                                     to clarify the period of time to be
                                     included in determining the
                                     source's applicability to the MATS.
                                    A definition of ``neural network''
                                     is added because the term is used
                                     in 40 CFR 63.10005(f), 63.10006(i),
                                     and 63.10021(e) and Table 3 to
                                     subpart UUUUU of Part 63 but is not
                                     defined.
Table 1 to subpart UUUUU of part    Revise to correct the term ``gross
 63.                                 electric output'' to ``gross
                                     output'' which is the term defined
                                     in 40 CFR 63.10042.
Table 2 to subpart UUUUU of part    Revise to correct the term ``gross
 63.                                 electric output'' to ``gross
                                     output'' which is the term defined
                                     in 40 CFR 63.10042. Provision 1(c)
                                     (the Hg limit for EGUs in the
                                     subcategory ``unit designed for
                                     coal >=8,300 Btu/lb'') is also
                                     revised to clarify the
                                     applicability of the alternate 90-
                                     boiler operating day compliance
                                     option.
Table 3 to subpart UUUUU of part    Revise as described earlier to
 63.                                 clarify the term ``maximum extent
                                     possible.''.
Table 4 to subpart UUUUU of part    Revise to clarify that existing as
 63.                                 well as new EGUs using PM CPMS
                                     share the same procedures for
                                     developing operating limits.
Table 5 to subpart UUUUU of part    Revise to clarify that when using
 63.                                 Method 29, the metals matrix spike
                                     and recovery levels are to be
                                     reported.
Table 6 to subpart UUUUU of part    Revise to clarify that existing, as
 63.                                 well as new, EGUs using PM CPMS
                                     share the same procedures for
                                     developing operating limits.
Table 8 to subpart UUUUU of part    Revise to clarify that compliance
 63.                                 reports are to include information
                                     required by 40 CFR 63.10031(c)(5)
                                     and (6).
Table 9 to subpart UUUUU of part    Revise to correct an inadvertent
 63.                                 omission of 30-day notification
                                     requirements of 40 CFR 63.9.
Paragraphs <IP_ADDRESS> and <IP_ADDRESS> and  Revise to adjust Hg CEMS language
 Tables A-1 and A-2 to appendix A.   regarding converters.
Paragraph <IP_ADDRESS> to appendix A...  Add to require that owners or
                                     operators flag EGUs that are part
                                     of emission averaging groups.
Paragraph <IP_ADDRESS>.1 of appendix A.  Revise to specifically indicate that
                                     Hg gas generators and cylinders are
                                     allowed.
Paragraphs <IP_ADDRESS>, Table A-1,      Revise to exclude use of oxidized Hg
 Table A-2, <IP_ADDRESS>, and <IP_ADDRESS>     gas standards for daily calibration
 of appendix A.                      of Hg CEMS.
Paragraph <IP_ADDRESS> of appendix A...  Revise to make the weekly single
                                     level system integrity check
                                     mandatory.
------------------------------------------------------------------------

  Table 1--Summary of Proposed Technical Corrections and Clarifications
                       Being Finalized--Continued
------------------------------------------------------------------------
 Section of subpart UUUUU  (40 CFR   Description of correction  (40 CFR
             part 63)                             part 63)
------------------------------------------------------------------------
Paragraphs <IP_ADDRESS>.2, Table A-1,    Revise to provide an alternative
 Table A-2, and <IP_ADDRESS> of           relative accuracy test audit (RATA)
 appendix A.                         procedure for EGUs with low
                                     emissions.
Paragraph 5.2.1 of appendix A.....  Revise to correct the number of days
                                     for sorbent trap use from 14 to 15.
Paragraph <IP_ADDRESS> of appendix A...  Revise to clarify that the 90-day
                                     alternative Hg standard may be used
                                     and that electrical output is gross
                                     output.
Paragraph <IP_ADDRESS> of appendix A...  Add to clarify that EGU owners or
                                     operators are to keep records of
                                     their EGUs that constitute
                                     emissions averaging groups.
Paragraphs 2.1, 2.3, 2.3.1, 2.3.2,  Revise to clarify that use of
 3.1, 3.2, 3.3, 5, 5.1, 5.2, and     Performance Specification (PS) 18,
 5.3 of appendix B.                  when promulgated, will be allowed.
Paragraph 5.4 of appendix B.......  Add as part of the renumbering due
                                     to the addition of PS 18.
Paragraph 8 of appendix B.........  Revise to accommodate use of PS 18.
Paragraphs 10.1.8, <IP_ADDRESS>,        Revise as part of the renumbering
 <IP_ADDRESS>.1, and <IP_ADDRESS>.2 of       due to the addition of PS 18.
 appendix B.
Paragraph <IP_ADDRESS>.3 of appendix B  Revise to clarify that records of
                                     relative accuracy audits (RAAs) are
                                     also required.
Paragraphs <IP_ADDRESS>, <IP_ADDRESS>.2.1,  Revise to clarify the quarterly gas
 and <IP_ADDRESS>.2.2 of appendix B.     audit recordkeeping requirements
                                     for PS 15 and the quarterly data
                                     accuracy assessments for PS 18
                                     (which are reserved).
Paragraph 11.4 of appendix B......  Revise to replace the incorrect
                                     abbreviation ``i.e.'' with
                                     ``e.g.''.
Paragraph 11.4.2 of appendix B....  Revise to specify the requirements
                                     of the daily beam intensity checks
                                     for EGUs using PS 18.
Paragraph 11.4.3 of Appendix B....  Revise to reflect the reporting
                                     requirements for PS 15.
Paragraph 11.4.4 of appendix B....  Revise to reserve the reporting
                                     requirements for quarterly
                                     parameter verification checks for
                                     PS 18.
Paragraphs <IP_ADDRESS>, 11.4.5,        Add to reserve the reporting
 <IP_ADDRESS>, 11.4.6, <IP_ADDRESS> of       requirements for quarterly gas
 appendix B.                         audit information and for quarterly
                                     dynamic spiking for PS 18.
Paragraph 11.4.7 of appendix B....  Add to include reporting
                                     requirements for RAAs.
Paragraphs <IP_ADDRESS> through         Add as part of the renumbering due
 <IP_ADDRESS> of appendix B.            to the addition of PS 18.
Paragraph <IP_ADDRESS> of appendix B..  Revise to include reporting
                                     requirements for beam intensity
                                     checks for PS 18.
------------------------------------------------------------------------

    Most of the corrections and clarifications remain the same as
presented in the proposed correction document and those changes are
being finalized without further discussion. However, the EPA has made
some changes in this final rule after consideration of the public
comments received on the proposed correction document. The changes are
to clarify applicability and implementation issues associated with
proposed changes, and the significant changes are discussed below in
this preamble. A summary of the comments received and our responses
thereto is contained in the document ``Summary of Public Comments and
Responses: MATS and Utility NSPS Technical Corrections'' located in the
dockets for these rulemakings.

II. Significant Changes Since Proposal

    This section of the preamble summarizes the significant changes
made to the proposed corrections and clarifications.
    1. Section 63.9984(f) is revised to add ``or the EGU's otherwise
applicable compliance date established by the EPA or the state.'' A
commenter stated that the EPA's proposed revision, which was adding
``the date that compliance must be demonstrated, as given'' in Sec.
63.9984, to the initial compliance requirements in Sec.  63.10005(a)
for existing EGUs, does not effectively clarify the date that
compliance must be demonstrated due to its reference to Sec.  63.9984
and paragraph (f) of Sec.  63.9984 because Sec.  63.9984(b) specifies a
compliance date of April 16, 2015 for existing EGUs. Also, Sec.
63.9984(f), which states the dates by which compliance must be
demonstrated, refers to Sec.  63.9984(b). Therefore, we revised Sec.
63.9984(f) because specifying a date for existing EGUs to demonstrate
compliance is confusing for existing sources that have been granted a
compliance extension.
    2. Section 63.10000(n) is added to address comments that noted the
proposed technical corrections did not address the permanent conversion
to natural gas or biomass consistent with the proposals outlined in the
February 17, 2015 preamble. In the preamble (see 80 FR 8447), we stated
``The EPA is also proposing that sources that permanently convert to
natural gas or biomass after the compliance date are no longer subject
to MATS, notwithstanding the coal or oil usage the previous 3 calendar
years.'' However, we inadvertently did not include the necessary
language to address permanent conversions in the proposed regulatory
text. For that reason, we are revising paragraph (n) to incorporate the
proposed change as outlined in the preamble to the proposed rule.
    3. The proposal to revise Sec.  63.10005(b)(1) to change the time
period allowed for existing EGUs to use stack test data collected prior
to the applicable compliance date has been withdrawn. Several
commenters did not support the proposed revision to change the window
in which initial compliance can be demonstrated, and said that EGUs
should be allowed to demonstrate initial compliance using stack tests
conducted on or after April 16, 2014. Commenters said the EPA's
proposed change is unfair, renders investments in stack testing
useless, and requires companies to perform new, unnecessary initial
compliance testing. For these reasons, and because the Agency believes
earlier stack tests may be representative under certain circumstances,
the EPA is not making the proposed change.
    4. Section 63.10006(f) is revised to: (1) Correct the minimum time
between annual performance tests (from 370 to 320 calendar days); (2)
clarify the minimum time between annual sorbent trap mercury testing
for 30-boiler operating day low emitting EGU (LEE) retests (also 320
calendar days); and (3) provide the minimum time between annual sorbent
trap mercury testing for 90-boiler operating day LEE retests (230
calendar days). Commenters correctly stated that the 370-day interval
for annual tests was a typographical error, as they would expect the
interval to be 365 days or less. Commenters expressed concerns that,
while the proposed revised Sec.  63.10006(f) specified the time

periods between annual performance tests, it did not specify the time
periods between annual sorbent trap mercury testing for either the 30-
boiler operating day averaging periods or the 90-boiler operating day
averaging periods. The three revisions, listed above, being made to
Sec.  63.10006(f) address the commenters' concerns. In addition, Sec.
63.10010(i)(2)(i) and (ii) is revised to clarify the time periods
between quarterly, annual, and three year testing for particulate
matter continuous emissions monitoring system (PM CEMS) audits.
    5. Section 63.10009(b)(1) is revised to clarify group eligibility
equations 1a and 1b. The purpose of the group eligibility equations is
to provide EGU owners or operators a quick method for demonstrating
initial compliance with the emission limits for all units participating
in the emission averaging group using the maximum rated heat input or
gross output of each unit and the results of the initial compliance
demonstrations. Commenters stated that the EPA proposed to drop the
double summation in the denominator, which is a correct step. However,
the commenters indicated they do not understand what the Agency was
thinking with respect to adding the ``qj'' term in both the
numerator and denominator and that the EPA defined ``qj'' to
be the hours in the averaging period (720 for 30-day averages and 2,160
for 90-day averages) because the term's presence in both the numerator
and denominator cancels out and has no effect. Commenters also stated
that they do not agree that the newly proposed group averaging
eligibility Equation 1a is more useful than the original equation.
Commenters said both the original equation and the newly proposed
equation are flawed and, thus, produce incorrect results. Commenters
said corrections need to be made to either equation that the EPA wants
to use. Commenters said the stack testing components of the equation
for each unit that is tested need to be weighted the same as units that
use continuous monitoring in order for any equation to produce correct
calculations. Commenters said the original equation works for the
continuous monitoring components, but is flawed because it does not
properly weight the stack testing components, and the newly proposed
equation is flawed on both fronts. Based on the commenters' concerns,
the equations have been revised so that individual EGU characteristics,
whether from continuous emission monitoring systems (CEMS) or stack
testing results, are easier to input. We agree that the added
``qj'' term and ``rk'' term have no effect, and
they have been deleted. We are also deleting the ``n'' term since
Equations 1a and 1b are to demonstrate initial compliance based on
using the initial compliance results and not continuous compliance that
is based on an averaging period. We have revised some of the terms'
descriptions to clarify that the emission rates used are those
determined during the initial compliance demonstration.
    6. Section 63.10009(e), (g), and (j)(2) are revised to require
compliance with the weighted average emissions rate at all times
following the date that emissions averaging begins. A commenter argued
that the EPA must also revise these sections to remove the specifically
identified dates (e.g., April 16, 2015 and February 16, 2015). We agree
that the dates within Sec.  63.10009(e), (g), and (j)(2) should be
removed, and the dates have been replaced with ``the date that you
begin emission averaging.''
    7. Section 63.10010(h)(6)(i), (i)(5)(i)(A), and (j)(4)(i)(A) and
(B) are revised to clarify when monitoring system quality assurance or
quality control activities are to be reported. Commenters said Sec.
63.10010(h)(6)(i), (i)(5)(i)(A), and (j)(4)(i)(A) and (B) specify what
data from particulate matter (PM) continuous parameter monitoring
system (CPMS), PM CEMS, and hazardous air pollutants (HAP) metal CEMS
must be excluded from compliance determinations and that the EPA
proposed to separate the language regarding deviation reporting that
currently appears at the end of these provisions into a separate
sentence to ``ease readability.'' The commenter disagreed that the
proposed revision improves readability and said that, to the contrary,
by separating out the sentence, the EPA implies that the periods when
data are not collected because of monitoring system malfunctions,
repairs, required quality assurance or quality control, as well as
periods when a monitoring system is out of control, are deviations from
monitoring requirements, which they are not. The commenter is
incorrectly interpreting the proposed change. Periods when data are not
collected because of monitoring system malfunctions are deviations. The
required quality assurance or quality control activities that are
deviations from monitoring requirements are, as stated in Sec.
63.10010(h)(6)(i), (i)(5)(i)(A), and (j)(4)(i)(A) and (B), those
conducted during monitoring systems malfunctions.
    8. Section 63.10011(g)(4)(v)(A) is revised to change the proposed
language ``to the maximum extent practicable'' back to the language
``to the maximum extent possible'' as in the final rule. Commenters
said the requirement to use clean fuels ``to the maximum extent
practicable'' does not even address the level of toxic emissions during
startup, let alone reduce them to the maximum extent achievable as is
required under CAA section 112(d)(2). Commenters said, perhaps most
importantly, that the EPA's proposed change impermissibly assumes that
existing older boilers and control devices are not capable of being
upgraded--despite Congress' mandate in CAA section 112(d)(2)-(3) that
emissions standards and work practices reflect what is achievable and
actually being achieved by the best-performing sources. Commenters said
further, under CAA section 112(d), it is the Administrator's duty to
establish standards to achieve the required emissions reductions--not
the duty of owners and operators. Commenters said the EPA's purported
work practices impermissibly allow operators themselves to determine
the standards and their own emission reductions achieved (or not) by
the requirements. Commenters said the EPA's proposed change leaves it
up to each operator to determine the amount of clean fuel use that
represents the ``maximum extent practicable,'' and leaves it up to each
operator to determine what qualifies as a ``consideration such as
boiler or control device integrity.'' Commenters said that even though
the requirement for clean fuels states that EGUs must have sufficient
clean fuel capacity to engage and operate PM control devices within 1
hour of adding the primary fuel (and even though a separate work
practice requires PM controls to be engaged and operated within 1
hour), these requirements do not establish whether and to what point
EGUs must actually use clean fuels in startups. These comments
primarily concern issues that the EPA did not reopen in the proposed
document. Because those issues were not reopened, the EPA did not
respond to these comments. We did propose to change Sec.
63.10011(g)(4)(v)(A) as the commenter states. We continue to believe
that the use of clean fuels during startup must be maximized to reduce
HAP emissions and have reconsidered the proposed change of ``possible''
to ``practicable.'' We believe ``possible'' is a more enforceable
standard. The final change to Sec.  63.10011(g)(4)(v)(A) is: ``to the
maximum extent possible, taking into account considerations such as
boiler or control device integrity,

throughout the startup period.'' This language is also included in
section 4 of Table 3, to clarify that this provision applies during
periods of shutdown.
    The EPA is not finalizing the proposed change because we have
determined that requiring clean fuel use to the maximum extent
``possible'' is more enforceable than the proposed change to
``practicable'', and the Agency believes it is critical that the work
practice be enforceable to ensure that sources use as much clean fuel
with its inherently low HAP content as possible when a source's
controls are not yet fully engaged. At the same time, we believe
operators must be able to consider the integrity of the EGU system when
determining the clean fuel use that is ``possible'' for a given unit.
We believe the final rule addresses both considerations.
    9. Section 63.10030(e)(8)(iii) is added to allow EGU owners or
operators the ability to switch between paragraphs 1 and 2 of the
startup definition. Commenters requested that switching between
paragraphs of the definition of startup not be prohibited. We have no
objection to such switching provided certain criteria are met. Just as
we had not considered that EGU owners or operators would want to switch
between mass per year heat input emission limits and mass per gross
output emission limits, but proposed to allow such changes provided
certain criteria are met, we did not consider that an owner or operator
would want to switch between the startup definitions for the EGU. Given
the commenter's specific request and the EPA's conditional approval
based on the already existing model given in Sec.
63.10030(e)(7)(iii)(A), Sec.  63.10030(e)(8)(iii) is added to the rule.
This new section allows EGU owners or operators the ability to switch
between paragraphs 1 and 2 of the startup definition provided, among
other things, that the EGUs involved in the switch are identified, that
a request is submitted 30 days prior to the anticipated switch, that
the request contains certification that all previous plans, such as
monitoring and emissions averaging, are revised, that records are
maintained, and that the new definition is not used until the next
reporting period after receipt of written acknowledgement from the
Administrator or the delegated authority of the switch.
    10. Section 63.10031(c)(4) is revised to clarify that the ``date''
of the tune-up is the date the tune-up provisions specified in Sec.
63.10021(e)(6) and (7) are completed. Commenters noted that there will
not necessarily be a single date associated with completion of an EGU's
tune-ups conducted under Sec.  63.10021(e) and suggested that, related
to the possibility of a delayed burner inspection, the Agency make it
clear that compliance with all requirements besides the burner
inspection must occur by the compliance demonstration date, but that
the burner inspection may be delayed, and to revise the provision to
recognize that as a result, performance of subsequent inspections and
tune-ups may be on a separate 36-month track and some EGUs may have
``dates'' rather than a ``date'' for completion of requirements.
Regardless of when the burner inspection is conducted, the tune-up is
considered to have been conducted on the date the combustion
optimization is completed. The purpose of the tune-up is the
optimization of the combustion to minimize organic HAP, carbon
monoxide, and nitrogen oxides (NOX) and to improve or return
the unit to its design combustion efficiency (i.e., Sec.
63.10021(e)(6) and (7)). We realize that EGUs may need to be taken off-
line to conduct an inspection of burners. So, we allow that inspection
to be delayed, or as Sec.  63.10021(e) is revised, to be performed
prior to the tune-up. Therefore, subsequent tune-ups must be performed
within 36 months from when the previous tune-up (i.e., the requirements
of Sec.  63.10021(e)(6) and (7)) was completed, and the source must
conduct the next burner inspection on a similar schedule.
    11. Section 63.10031(c)(7) is added to include the reporting
requirements that have been removed from Sec.  63.10030(e)(7)(i). A
commenter said that there is no reason to submit Notification of
Compliance Status (NOCS) for ongoing 3-year tests that are performed to
demonstrate that LEE status is maintained, so the proposed language in
Sec.  63.10030(e)(7)(i) should be revised. We agree that not only the
ongoing 3-year LEE retests, but also the annual and quarterly LEE
retests and annual retests that are performed to establish operating
limits, should not be submitted as NOCS. According to the introductory
text of Sec.  63.10030(e), the NOCS is required only for reporting
initial compliance. Therefore, Sec.  63.10030(e)(7)(i) has been removed
and reserved, and the reporting requirements in Sec.  63.10030(e)(7)(i)
have been moved to a new place, i.e., Sec.  63.10031(c)(7), and are
part of the compliance report requirements. Likewise, the compliance
certification and deviation information requirements in Sec.
63.10030(e)(5) and (e)(6) apply for compliance reports and are
replicated in new Sec.  63.10031(c)(8) and (9), and each of these
paragraphs is included in the introductory text in Sec.  63.10030(c)
and in Table 8.
    12. The definitions of ``Coal-fired electric utility steam
generating unit,'' ``Fossil fuel-fired,'' ``Limited-use liquid oil-
fired subcategory,'' and ``Oil-fired electric utility steam generating
unit'' in Sec.  63.10042 are further revised to clarify the period of
time to be included in determining the source's applicability to the
MATS.
    One commenter indicated that the proposed rule does not address
permanent conversion to natural gas or biomass, nor does it make clear
that, after the first 3 years of compliance, EGUs are required to
evaluate applicability based on coal or oil usage from the 3 previous
calendars years on an annual rolling basis. The commenter said that the
EPA's clarifying proposals are not clearly outlined in the proposed
revised definitions. The commenter urged the EPA to revise the
definition in a manner consistent with the proposals outlined in the
preamble. Several commenters indicated the proposed changes do not
prevent an EGU from continuing to be subject to MATS for several years
after a fuel switch.
    We agree that the proposed clarification to the definitions does
not make it clear that, after the first 3 years of compliance, an EGU
is required to evaluate applicability based on coal or oil usage from
the 3 previous calendar years on an annual rolling basis. Thus, we have
revised the definitions for ``Coal-fired electric utility steam
generating unit,'' ``Oil-fired electric utility steam generating
unit,'' and ``Fossil fuel-fired'' to clarify that applicability after
the first 3 years of compliance will be based on coal or oil usage from
the 3 previous calendar years on an annual rolling basis.
    Concerning the permanent fuels switch, the EPA explained above that
it has addressed permanent conversions in Sec.  63.10000(n) of the
final rule, as discussed in paragraph 2 above.
    13. Appendix A is finalized with all proposed revisions with the
exception of adding an alternative specification for the relative
accuracy test audit (RATA) where commenters provided data to support a
different approach using an absolute value criterion. However, due to
the current lack of available NIST-traceable elemental Hg gas
cylinders, owners or operators of EGUs that have purchased/installed Hg
CEMS that lack integrated elemental Hg gas generators may continue to
use NIST-traceable oxidized gases for calibration error tests and daily
checks until such time that NIST-traceable compressed elemental Hg gas
standards are available and traceable with a combined uncertainty

(K=2) of 5 percent. Once those standards are available, we will issue a
notice of availability in the Federal Register. Should NIST-traceable
oxidized mercury reference gases with a combined uncertainty of 5%
ultimately be available, we will consider allowing their use for
calibration error tests and checks.
    14. Appendix B is finalized with all proposed revisions except
those related to sections 10 and 11 regarding recordkeeping and
reporting for hydrogen chloride (HCl) CEMS subject to PS 18. Sections
10 and 11 will be addressed in the upcoming MATS Completion of
Electronic Reporting Requirements rule. One change has been made that
was not proposed. A minor technical correction has been made to section
9.4, requiring the HCl emission rates to be reported to 2 significant
figures in scientific notation, which is consistent with the way that
the emission standards are presented in Tables 1 and 2.

III. Other Corrections and Clarifications

    In finalizing the rule, the EPA is addressing several other
technical corrections and clarifications in the regulatory language
based on public comments that were received on the February 2015
proposal that the Agency determined were necessary to conform to
changes included in the proposed rule, as outlined in Table 2 of this
preamble.

   Table 2--Summary of Technical Corrections and Clarifications Since
                       February 17, 2015, Proposal
------------------------------------------------------------------------
 Section of subpart UUUUU  (40 CFR   Description of correction  (40 CFR
             part 63)                             part 63)
------------------------------------------------------------------------
40 CFR 63.10000(a)................  Revise this paragraph by adding
                                     ``items 3 and 4'' to clarify which
                                     items in Table 3 must be met.
40 CFR 63.10000(f)................  Revise this paragraph to add
                                     ``Except as provided under
                                     paragraph (n) of this section'' due
                                     to the addition of paragraph (n)
                                     clarifying the applicability of a
                                     permanent conversion to natural gas
                                     or biomass.
40 CFR 63.10000(g)................  Revise this paragraph to add
                                     ``Except as provided under
                                     paragraph (n) of this section'' due
                                     to the addition of paragraph (n)
                                     clarifying the applicability of a
                                     permanent conversion to natural gas
                                     or biomass.
40 CFR 63.10000(i)(1).............  Revise this paragraph to clarify
                                     that an EGU, no longer subject to
                                     MATS, must be in compliance with
                                     applicable CAA section 112 or 129
                                     standards consistent with
                                     paragraphs (g) and (n).
40 CFR 63.10005(a)................  Revise this paragraph to replace the
                                     terms ``electrical'' and
                                     ``electrical load'' with the terms
                                     ``gross'' and ``gross output,''
                                     respectively, to be consistent with
                                     the proposed changes to other
                                     sections.
40 CFR 63.10005(a)(2)(ii).........  Revise this paragraph to replace the
                                     terms ``electrical'' and
                                     ``electrical load'' with the terms
                                     ``gross'' and ``gross output,''
                                     respectively, to be consistent with
                                     the proposed changes to other
                                     sections.
40 CFR 63.10005(b)(4).............  Revise this paragraph to replace the
                                     term ``electrical load'' with the
                                     term ``gross output'' to be
                                     consistent with the proposed
                                     changes to other sections.
40 CFR 63.10005(f)................  Revise to be consistent with EPA's
                                     intent, as explained in the
                                     preamble to the proposed rule, to
                                     only clarify the timing of initial
                                     and subsequent tune-ups.
                                    Revise since specifying the date is
                                     problematic for sources that have
                                     been granted a compliance
                                     extension.
40 CFR 63.10005(h)(3)(i)(D).......  Revise this paragraph to replace the
                                     term ``electrical load'' with the
                                     term ``gross output'' to be
                                     consistent with the proposed
                                     changes to other sections.
40 CFR 63.10005(h)(3)(iii)........  Revise this paragraph to replace the
                                     term ``electrical load'' with the
                                     term ``gross output'' to be
                                     consistent with the proposed
                                     changes to other sections.
40 CFR 63.10007(f)(2).............  Revise this paragraph to replace the
                                     term ``electrical load'' with the
                                     term ``gross output'' to be
                                     consistent with the proposed
                                     changes to other sections.
40 CFR 63.10009(e) and (j)(2).....  Revise since specifying the date is
                                     problematic for sources that have
                                     been granted a compliance
                                     extension.
40 CFR 63.10010(f)(4).............  Revise this paragraph to replace the
                                     term ``electrical load'' with the
                                     term ``gross output'' to be
                                     consistent with the proposed
                                     changes to other sections.
40 CFR 63.10021(h)(1).............  Revise this paragraph to replace the
                                     term ``electrical load'' with the
                                     term ``gross output'' to be
                                     consistent with the proposed
                                     changes to other sections.
Table 5...........................  Revise this table to replace the
                                     term ``electrical'' with the term
                                     ``gross'' to be consistent with the
                                     proposed changes to other sections.
Paragraph <IP_ADDRESS> of appendix A...  Revise this paragraph to replace the
                                     term ``electrical load'' with the
                                     term ``gross output'' to be
                                     consistent with the proposed
                                     changes to other sections.
------------------------------------------------------------------------

IV. Affirmative Defense for Violation of Emission Standards During
Malfunction

    The EPA received numerous comments on the affirmative defense to
civil penalties for violations caused by malfunctions that the EPA
proposed to remove in the current rule. Several commenters supported
the removal of the affirmative defense for malfunctions. Other
commenters opposed the removal of the affirmative defense provision.
    As stated in the February 17, 2015, proposal, the United States
Court of Appeals for the District of Columbia Circuit vacated an
affirmative defense in one of the EPA's CAA section 112(d) regulations.
NRDC v. EPA, No. 10-1371 (D.C. Cir. April 18, 2014) 2014 U.S. App.
LEXIS 7281 (vacating affirmative defense provisions in CAA section
112(d) rule establishing emission standards for Portland cement kilns).
The court found that the EPA lacked authority to establish an
affirmative defense for private civil suits and held that under the
CAA, the authority to determine civil penalty amounts in such cases
lies exclusively with the courts, not the EPA. Specifically, the court
found: ``As the language of the statute makes clear, the courts
determine, on a case-by-case basis, whether civil penalties are
`appropriate.' '' See NRDC, 2014 U.S. App. LEXIS 7281 at *21 (``[U]nder
this statute, deciding whether

penalties are `appropriate' in a given private civil suit is a job for
the courts, not EPA.''). The EPA is finalizing the proposed removal of
the regulatory affirmative defense provision from MATS. In the event
that a source fails to comply with an applicable CAA section 112(d)
standard as a result of a malfunction event, the EPA's ability to
exercise its case-by-case-enforcement discretion to determine an
appropriate response provides sufficient flexibility in such
circumstances as was explained in the preamble to the proposed rule.
Further, as the D.C. Circuit recognized, in an EPA or citizen
enforcement action, the court has the discretion to consider any
defense raised and determine whether penalties are appropriate. Cf.
NRDC, 2014 U.S. App. LEXIS 7281 at *24 (arguments that violation were
caused by unavoidable technology failure can be made to the courts in
future civil cases when the issue arises). The same is true for the
presiding officer in EPA administrative enforcement actions. For all
these reasons, this final rule removes the affirmative defense
provisions.

V. Impacts of This Final Rule

    This action finalizes certain provisions and makes technical and
clarifying corrections, but does not promulgate substantive changes to
the February 2012 final MATS (77 FR 9304). Therefore, there are no
environmental, energy, or economic impacts associated with this final
action. The impacts associated with MATS are discussed in detail in the
February 16, 2012, final MATS rule.

VI. Statutory and Executive Order Reviews

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

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

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

B. Paperwork Reduction Act (PRA)

    This action does not impose any new information collection burden
under the PRA. OMB has previously approved the information collection
activities contained in the existing regulations (40 CFR part 63,
subpart UUUUU) and has assigned OMB control number 2060-0567. This
action is believed to result in no changes to the ICR of the February
2012 final MATS rule, so that the information collection estimate of
project cost and hour burden from the final MATS have not been revised.

C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. This
action will not impose any requirements on small entities. This action
finalizes changes to MATS to correct and clarify implementation issues
raised by stakeholders.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain an unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. This rule promulgates amendments to the February
2012 final MATS, but the amendments are clarifications to existing rule
language to aid in implementation. Therefore, the action imposes no
enforceable duty on any state, local, or tribal governments or the
private sector.

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 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. This action clarifies certain components of the
February 2012 final MATS. Thus, Executive Order 13175 does not apply to
this action.

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

    The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that the EPA has reason to believe may disproportionately affect
children, per the definition of ``covered regulatory action'' in
section 2-202 of the Executive Order. This action is not subject to
Executive Order 13045 because it does not concern an environmental
health risk or safety risk.

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

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

I. National Technology Transfer and Advancement Act (NTTAA)

    This action does not involve technical standards from those
contained in the February 16, 2012, final rule. Therefore, the EPA did
not consider the use of any voluntary consensus standards. See 77 FR
9441-9443 for the NTTAA discussion in the February 16, 2012, final
rule.

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

    The EPA believes the human health or environmental risk addressed
by this action will not have potential disproportionately high and
adverse human health or environmental effects on minority, low-income,
or indigenous populations because it does not affect the level of
protection provided to human health or the environment.
    The environmental justice finding in the February 2012 final MATS
remains relevant in this action, which finalizes changes to the rule to
correct and clarify implementation issues raised by stakeholders.

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 not a ``major rule'' as defined by 5
U.S.C. 804(2).

List of Subjects

40 CFR Part 60

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

40 CFR Part 63

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

    Dated: March 17, 2016.
Gina McCarthy,
Administrator.
    For the reasons discussed in the preamble, the EPA amends 40 CFR
parts 60 and 63 as follows:

PART 60--STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES

0
1. The authority citation for part 60 continues to read as follows:

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

0
2. Section 60.48Da is amended by revising paragraph (f) to read as
follows:

Sec.  60.48Da  Compliance provisions.

* * * * *
    (f) For affected facilities for which construction, modification,
or reconstruction commenced before May 4, 2011, compliance with the
applicable daily average PM emissions limit is determined by
calculating the arithmetic average of all hourly emission rates each
boiler operating day, except for data obtained during startup,
shutdown, or malfunction periods. Daily averages are only calculated
for boiler operating days that have non-out-of-control data for at
least 18 hours of unit operation during which the standard applies.
Instead, all of the non-out-of-control hourly emission rates of the
operating day(s) not meeting the minimum 18 hours non-out-of-control
data daily average requirement are averaged with all of the non-out-of-
control hourly emission rates of the next boiler operating day with 18
hours or more of non-out-of-control PM CEMS data to determine
compliance. For affected facilities for which construction or
reconstruction commenced after May 3, 2011 that elect to demonstrate
compliance using PM CEMS, compliance with the applicable PM emissions
limit in Sec.  60.42Da is determined on a 30-boiler operating day
rolling average basis by calculating the arithmetic average of all
hourly PM emission rates for the 30 successive boiler operating days,
except for data obtained during periods of startup and shutdown.
* * * * *

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

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

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

0
4. Section 63.9983 is amended by:
0
a. Revising the section heading and paragraphs (a), (b), and (c); and
0
b. Adding paragraph (e).
    The revisions and addition read as follows:

Sec.  63.9983  Are any fossil fuel-fired electric generating units not
subject to this subpart?

* * * * *
    (a) Any unit designated as a major source stationary combustion
turbine subject to subpart YYYY of this part and any unit designated as
an area source stationary combustion turbine, other than an integrated
gasification combined cycle (IGCC) unit.
    (b) Any electric utility steam generating unit that is not a coal-
or oil-fired EGU and that meets the definition of a natural gas-fired
EGU in Sec.  63.10042.
    (c) Any electric utility steam generating unit that has the
capability of combusting more than 25 MW of coal or oil but does not
meet the definition of a coal- or oil-fired EGU because it did not fire
sufficient coal or oil to satisfy the average annual heat input
requirement set forth in the definitions for coal-fired and oil-fired
EGUs in Sec.  63.10042. Heat input means heat derived from combustion
of fuel in an EGU and does not include the heat derived from preheated
combustion air, recirculated flue gases or exhaust gases from other
sources (such as stationary gas turbines, internal combustion engines,
and industrial boilers).
* * * * *
    (e) Any electric utility steam generating unit that meets the
definition of a natural gas-fired EGU under this subpart and that fires
at least 10 percent biomass is an industrial boiler subject to
standards established under subpart DDDDD of this part, if it otherwise
meets the applicability provisions in that rule.

0
5. Section 63.9991 is amended by revising paragraphs (c)(1) and (2) to
read as follows:

Sec.  63.9991  What emission limitations, work practice standards, and
operating limits must I meet?

* * * * *
    (c) * * *
    (1) Has a system using wet or dry flue gas desulfurization
technology and an SO2 continuous emissions monitoring system
(CEMS) installed on the EGU; and
    (2) At all times, you operate the wet or dry flue gas
desulfurization technology and the SO2 CEMS installed on the
EGU consistent with Sec.  63.10000(b).

0
6. Section 63.10000 is amended by revising paragraphs (a), (c)(1)(i),
(c)(2)(iii), (f), (g), and (i)(1) and adding paragraphs (m) and (n) to
read as follows:

Sec.  63.10000  What are my general requirements for complying with
this subpart?

    (a) You must be in compliance with the emission limits and
operating limits in this subpart. These limits apply to you at all
times except during periods of startup and shutdown; however, for coal-
fired, liquid oil-fired, or solid oil-derived fuel-fired EGUs, you are
required to meet the work practice requirements, items 3 and 4, in
Table 3 to this subpart during periods of startup or shutdown.
* * * * *
    (c)(1) * * *
    (i) For a coal-fired or solid oil-derived fuel-fired EGU or IGCC
EGU, you may conduct initial performance testing in accordance with
Sec.  63.10005(h), to determine whether the EGU qualifies as a low
emitting EGU (LEE) for one or more applicable emission limits, except
as otherwise provided in paragraphs (c)(1)(i)(A) and (B) of this
section:
    (A) Except as provided in paragraph (c)(1)(i)(C) of this section,
you may not pursue the LEE option if your coal-fired, IGCC, or solid
oil-derived fuel-fired EGU is equipped with a main stack and a bypass
stack or bypass duct configuration that allows the effluent to bypass
any pollutant control device.
    (B) You may not pursue the LEE option for Hg if your coal-fired,
solid oil-derived fuel-fired EGU or IGCC EGU is new.
    (C) You may pursue the LEE option provided that:
    (1) Your EGU's control device bypass emissions are measured in the
bypass stack or duct or your control device bypass exhaust is routed
through the EGU main stack so that emissions are measured during the
bypass event; or
    (2) Except for hours during which only clean fuel is combusted, you
bypass your EGU control device only during emergency periods for no
more than a total of 2 percent of your EGU's annual operating hours;
you use clean fuels to the maximum extent possible during an emergency
period; and you prepare and submit a report describing the emergency
event, its cause, corrective action taken, and estimates of emissions
released during the emergency event. You must include these emergency
emissions along with performance test results in assessing whether your
EGU maintains LEE status.
* * * * *
    (2) * * *

    (iii) If your existing liquid oil-fired unit does not qualify as a
LEE for hydrogen chloride (HCl) or for hydrogen fluoride (HF), you may
demonstrate initial and continuous compliance through use of an HCl
CEMS, an HF CEMS, or an HCl and HF CEMS, installed and operated in
accordance with Appendix B to this rule. As an alternative to HCl CEMS,
HF CEMS, or HCl and HF CEMS, you may demonstrate initial and continuous
compliance through quarterly performance testing and parametric
monitoring for HCl and HF. If you choose to use quarterly testing and
parametric monitoring, then you must also develop a site-specific
monitoring plan that identifies the CMS you will use to ensure that the
operations of the EGU remains consistent with those during the
performance test. As another alternative, you may measure or obtain,
and keep records of, fuel moisture content; as long as fuel moisture
does not exceed 1.0 percent by weight, you need not conduct other HCl
or HF monitoring or testing.
* * * * *
    (f) Except as provided under paragraph (n) of this section, you are
subject to the requirements of this subpart for at least 6 months
following the last date you met the definition of an EGU subject to
this subpart (e.g., 6 months after a cogeneration unit provided more
than one third of its potential electrical output capacity and more
than 25 megawatts electrical output to any power distributions system
for sale). You may opt to remain subject to the provisions of this
subpart beyond 6 months after the last date you met the definition of
an EGU subject to this subpart, unless your unit is a solid waste
incineration unit subject to standards under CAA section 129 (e.g., 40
CFR part 60, subpart CCCC (New Source Performance Standards (NSPS) for
Commercial and Industrial Solid Waste Incineration Units, or subpart
DDDD (Emissions Guidelines (EG) for Existing Commercial and Industrial
Solid Waste Incineration Units). Notwithstanding the provisions of this
subpart, an EGU that starts combusting solid waste is immediately
subject to standards under CAA section 129 and the EGU remains subject
to those standards until the EGU no longer meets the definition of a
solid waste incineration unit consistent with the provisions of the
applicable CAA section 129 standards.
    (g) Except as provided under paragraph (n) of this section, if your
unit no longer meets the definition of an EGU subject to this subpart
you must be in compliance with any newly applicable standards on the
date you are no longer subject to this subpart. The date you are no
longer subject to this subpart is a date selected by you, that must be
at least 6 months from the date that your unit last met the definition
of an EGU subject to this subpart or the date you begin combusting
solid waste, consistent with Sec.  63.9983(d). Your source must remain
in compliance with this subpart until the date you select to cease
complying with this subpart or the date you begin combusting solid
waste, whichever is earlier.
* * * * *
    (i)(1) If you own or operate an EGU subject to this subpart and
cease to operate in a manner that causes your unit to meet the
definition of an EGU subject to this subpart, you must be in compliance
with any newly applicable section 112 or 129 standards on the date you
selected consistent with paragraphs (g) and (n) of this section.
* * * * *
    (m) Should you choose to rely on paragraph (2) of the definition of
``startup'' in Sec.  63.10042 for your EGU, on or before the date your
EGU is subject to this subpart, you must install, verify, operate,
maintain, and quality assure each monitoring system necessary for
demonstrating compliance with the work practice standards for PM or
non-mercury HAP metals controls during startup periods and shutdown
periods required to comply with Sec.  63.10020(e).
    (1) You may rely on monitoring system specifications or
instructions or manufacturer's specifications when installing,
verifying, operating, maintaining, and quality assuring each monitoring
system.
    (2) You must collect, record, report, and maintain data obtained
from these monitoring systems during startup periods and shutdown
periods.
    (n) If you have permanently converted your EGU from coal or oil to
natural gas or biomass after your compliance date (or, if applicable,
after your approved extended compliance date), as demonstrated by being
subject to a permit provision or physical limitation (including
retirement) that prevents you from operating in a manner that would
subject you to this subpart, you are no longer subject to this subpart,
notwithstanding the coal or oil usage in the previous calendar years.
The date on which you are no longer subject to this subpart is the date
on which you converted to natural gas or biomass firing; it is also the
date on which you must be in compliance with any newly applicable
standards.

Sec.  63.10001  [Removed and Reserved]

0
7. Section 63.10001 is removed and reserved.

0
8. Section 63.10005 is amended by:
0
a. Revising paragraphs (a) introductory text, (a)(2) introductory text,
(a)(2)(i) and (ii), and (b)(4);
0
b. Adding paragraph (b)(6);
0
c. Revising paragraphs (d)(3), (d)(4)(i), (f), (h) introductory text,
(h)(3) introductory text, (h)(3)(i)(D), and (h)(3)(iii) introductory
text; and
0
d. Removing paragraphs (i)(4)(iii) and (iv).
    The revisions and additions read as follows:

Sec.  63.10005  What are my initial compliance requirements and by what
date must I conduct them?

    (a) General requirements. For each of your affected EGUs, you must
demonstrate initial compliance with each applicable emissions limit in
Table 1 or 2 of this subpart through performance testing. Where two
emissions limits are specified for a particular pollutant (e.g., a heat
input-based limit in lb/MMBtu and a gross output-based limit in lb/
MWh), you may demonstrate compliance with either emission limit. For a
particular compliance demonstration, you may be required to conduct one
or more of the following activities in conjunction with performance
testing: collection of data, e.g., hourly gross output data
(megawatts); establishment of operating limits according to Sec.
63.10011 and Tables 4 and 7 to this subpart; and CMS performance
evaluations. In all cases, you must demonstrate initial compliance no
later than the date in paragraph (f) of this section for tune-up work
practices for existing EGUs; the date that compliance must be
demonstrated, as given in Sec.  63.9984 for other requirements for
existing EGUs; and in paragraph (g) of this section for all
requirements for new EGUs.
* * * * *
    (2) To demonstrate initial compliance using either a CMS that
measures HAP concentrations directly (i.e., an Hg, HCl, or HF CEMS, or
a sorbent trap monitoring system) or an SO2 or PM CEMS, the
initial performance test shall consist of 30- or, for certain coal-
fired existing EGUs that use emissions averaging for Hg, 90-boiler
operating days. If the CMS is certified prior to the compliance date
(or, if applicable, the approved extended compliance date), the test
shall begin with the first operating day on or after that date, except
as otherwise provided in paragraph (b) of this section. If the CMS is
not certified prior to the compliance

date, the test shall begin with the first operating day after
certification testing is successfully completed. In all cases, the
initial 30- or 90- operating day averaging period must be completed on
or before the date that compliance must be demonstrated (i.e., 180 days
after the applicable compliance date).
    (i) The CMS performance test must demonstrate compliance with the
applicable Hg, HCl, HF, PM, or SO2 emissions limit in Table
1 or 2 to this subpart.
    (ii) You must collect hourly data from auxiliary monitoring systems
(i.e., stack gas flow rate, CO2, O2, or moisture,
as applicable) during the performance test period, in order to convert
the pollutant concentrations to units of the standard. If you choose to
comply with a gross output-based emission limit, you must also collect
hourly gross output data during the performance test period.
* * * * *
    (b) * * *
    (4) A record of all parameters needed to convert pollutant
concentrations to units of the emission standard (e.g., stack flow
rate, diluent gas concentrations, hourly gross outputs) is available
for the entire performance test period; and
* * * * *
    (6) For performance stack test data that are collected prior to the
date that compliance must be demonstrated and are used to demonstrate
initial compliance with applicable emissions limits, the interval for
subsequent stack tests begins on the date that compliance must be
demonstrated.
* * * * *
    (d) * * *
    (3) For affected EGUs that are either required to or elect to
demonstrate initial compliance with the applicable Hg emission limit in
Table 1 or 2 of this subpart using Hg CEMS or sorbent trap monitoring
systems, initial compliance must be demonstrated no later than the
applicable date specified in Sec.  63.9984(f) for existing EGUs and in
paragraph (g) of this section for new EGUs. Initial compliance is
achieved if the arithmetic average of 30- (or 90-) boiler operating
days of quality-assured CEMS (or sorbent trap monitoring system) data,
expressed in units of the standard (see section 6.2 of appendix A to
this subpart), meets the applicable Hg emission limit in Table 1 or 2
to this subpart.
    (4) * * *
    (i) You must demonstrate initial compliance no later than the
applicable date specified in Sec.  63.9984(f) for existing EGUs and in
paragraph (g) of this section for new EGUs.
* * * * *
    (f) For an existing EGU without a neural network, a tune-up,
following the procedures in Sec.  63.10021(e), must occur within 6
months (180 days) after April 16, 2015. For an existing EGU with a
neural network, a tune-up must occur within 18 months (545 days) after
April 16, 2016. If a tune-up occurs prior to April 16, 2015, you must
keep records showing that the tune-up met all rule requirements.
* * * * *
    (h) Low emitting EGUs. The provisions of this paragraph (h) apply
to pollutants with emissions limits from new EGUs except Hg and to all
pollutants with emissions limits from existing EGUs. You may pursue
this compliance option unless prohibited pursuant to Sec.
63.10000(c)(1)(i).
* * * * *
    (3) For Hg, you must conduct a 30- (or 90-) boiler operating day
performance test using Method 30B in appendix A-8 to part 60 of this
chapter to determine whether a unit qualifies for LEE status. Locate
the Method 30B sampling probe tip at a point within 10 percent of the
duct area centered about the duct's centroid at a location that meets
Method 1 in appendix A-1 to part 60 of this chapter and conduct at
least three nominally equal length test runs over the 30- (or 90-)
boiler operating day test period. You may use a pair of sorbent traps
to sample the stack gas for a period consistent with that given in
section 5.2.1 of appendix A to this subpart. Collect Hg emissions data
continuously over the entire test period (except when changing sorbent
traps or performing required reference method QA procedures). As an
alternative to constant rate sampling per Method 30B, you may use
proportional sampling per section 8.2.2 of Performance Specification 12
B in appendix B to part 60 of this chapter.
    (i) * * *
    (D) Hourly gross output data (megawatts), from facility records.
* * * * *
    (iii) Calculate the average Hg concentration, in [micro]g/m\3\ (dry
basis), for the 30- (or 90-) boiler operating day performance test, as
the arithmetic average of all Method 30B sorbent trap results. Also
calculate, as applicable, the average values of CO2 or
O2 concentration, stack gas flow rate, stack gas moisture
content, and gross output for the test period. Then:
* * * * *

0
9. Section 63.10006 is amended by revising paragraph (f) and removing
paragraph (j) to read as follows:

Sec.  63.10006  When must I conduct subsequent performance tests or
tune-ups?

* * * * *
    (f) Time between performance tests. (1) Notwithstanding the
provisions of Sec.  63.10021(d)(1), the requirements listed in
paragraphs (g) and (h) of this section, and the requirements of
paragraph (f)(3) of this section, you must complete performance tests
for your EGU as follows:
    (i) At least 45 calendar days, measured from the test's end date,
must separate performance tests conducted every quarter;
    (ii) For annual testing:
    (A) At least 320 calendar days, measured from the test's end date,
must separate performance tests;
    (B) At least 320 calendar days, measured from the test's end date,
must separate annual sorbent trap mercury testing for 30-boiler
operating day LEE tests;
    (C) At least 230 calendar days, measured from the test's end date,
must separate annual sorbent trap mercury testing for 90-boiler
operating day LEE tests; and
    (iii) At least 1,050 calendar days, measured from the test's end
date, must separate performance tests conducted every 3 years.
    (2) For units demonstrating compliance through quarterly emission
testing, you must conduct a performance test in the 4th quarter of a
calendar year if your EGU has skipped performance tests in the first 3
quarters of the calendar year.
    (3) If your EGU misses a performance test deadline due to being
inoperative and if 168 or more boiler operating hours occur in the next
test period, you must complete an additional performance test in that
period as follows:
    (i) At least 15 calendar days must separate two performance tests
conducted in the same quarter.
    (ii) At least 107 calendar days must separate two performance tests
conducted in the same calendar year.
    (iii) At least 350 calendar days must separate two performance
tests conducted in the same 3 year period.
* * * * *

0
10. Section 63.10007 is amended by revising paragraph (f)(2) to read as
follows:

Sec.  63.10007  What methods and other procedures must I use for the
performance tests?

* * * * *

    (f) * * *
    (2) Default gross output. If you use CEMS to continuously monitor
Hg, HCl, HF, SO2, or PM emissions (or, if applicable,
sorbent trap monitoring systems to continuously collect Hg emissions
data), the following default value is available for use in the emission
rate calculations during startup periods or shutdown periods (as
defined in Sec.  63.10042). For the purposes of this subpart, this
default value is not considered to be substitute data. For a startup or
shutdown hour in which there is heat input to an affected EGU but zero
gross output, you must calculate the pollutant emission rate using a
value equivalent to 5% of the maximum sustainable gross output,
expressed in megawatts, as defined in section <IP_ADDRESS>(a)(1) of appendix
A to part 75 of this chapter. This default gross output is either the
nameplate capacity of the EGU or the highest gross output observed in
at least four representative quarters of EGU operation. For a monitored
common stack, the default gross output is used only when all EGUs are
operating (i.e., combusting fuel) are in startup or shutdown mode, and
have zero electrical generation. Under those conditions, a default
gross output equal to 5% of the combined maximum sustainable gross
output of the EGUs that are operating but have a total of zero gross
output must be used to calculate the hourly gross output-based
pollutant emissions rate.
* * * * *

0
11. Section 63.10009 is amended by revising paragraphs (a)(2)
introductory text, (a)(2)(i), (b)(1) through (3), (e), (f) introductory
text, (f)(2), (g), (j)(1)(ii), and (j)(2) introductory text to read as
follows:

Sec.  63.10009  May I use emissions averaging to comply with this
subpart?

    (a) * * *
    (2) You may demonstrate compliance by emissions averaging among the
existing EGUs in the same subcategory, if your averaged Hg emissions
for EGUs in the ``unit designed for coal >=8,300 Btu/lb'' subcategory
are equal to or less than 1.2 lb/TBtu or 1.3E-2 lb/GWh on a 30-boiler
operating day basis or if your averaged emissions of individual, other
pollutants from other subcategories of such EGUs are equal to or less
than the applicable emissions limit in Table 2 to this subpart,
according to the procedures in this section. Note that except for the
alternate Hg emissions limit from EGUs in the ``unit designed for coal
>= 8,300 Btu/lb'' subcategory, the averaging time for emissions
averaging for pollutants is 30 days (rolling daily) using data from
CEMS or a combination of data from CEMS and manual performance (LEE)
testing. The averaging time for emissions averaging for the alternate
Hg limit (equal to or less than 1.0 lb/TBtu or 1.1E-2 lb/GWh) from EGUs
in the ``unit designed for coal >= 8,300 Btu/lb'' subcategory is 90-
boiler operating days (rolling daily) using data from CEMS, sorbent
trap monitoring, or a combination of monitoring data and data from
manual performance (LEE) testing. For the purposes of this paragraph,
30- (or 90-) group boiler operating days is defined as a period during
which at least one unit in the emissions averaging group operates on
each of the 30 or 90 days. You must calculate the weighted average
emissions rate for the group in accordance with the procedures in this
paragraph using the data from all units in the group including any that
operate fewer than 30 (or 90) days during the preceding 30 (or 90)
group boiler days.
    (i) You may choose to have your EGU emissions averaging group meet
either the heat input basis (MMBtu or TBtu, as appropriate for the
pollutant) or gross output basis (MWh or GWh, as appropriate for the
pollutant).
* * * * *
    (b) * * *
    (1) Group eligibility equations.
    [GRAPHIC] [TIFF OMITTED] TR06AP16.001

Where:

WAERm = Maximum Weighted Average Emission Rate in terms
of lb/heat input or lb/gross output,
Hermi,j = hourly emission rate (e.g., lb/
MMBtu, lb/MWh) from CEMS or sorbent trap monitoring as determined
during the initial compliance determination from EGU j,
Rmmj = Maximum rated heat input, MMBtu/h, or maximum
rated gross output, MWh/h, for EGU j,
p = number of EGUs in emissions averaging group that rely on CEMS,
Terk = Emissions rate (lb/MMBTU or lb/MWh) as determined
during the initial compliance determination of EGU k,
Rmtk = Maximum rated heat input, MMBtu/h, or maximum
rated gross output, MWh/h, for EGU k, and
m = number of EGUs in emissions averaging group that rely on
emissions testing.
[GRAPHIC] [TIFF OMITTED] TR06AP16.002

Where:

    Variables with the similar names share the descriptions for
Equation 1a of this section,
Smmj = maximum steam generation, lbsteam/h or
lb/gross output, for EGU j,
Cfmj = conversion factor, calculated from the most recent
compliance test results, in terms units of heat output or gross
output per pound of steam generated (MMBtu/lbsteam or
MWh/lbsteam) from EGU j,
Smtk = maximum steam generation, lbsteam/h or
lb/gross output, for EGU k, and
Cfmk = conversion factor, calculated from the most recent
compliance test results, in terms units of heat output or gross
output per pound of steam generated (MMBtu/lbsteam or
MWh/lbsteam) from EGU k.
    (2) Weighted 30-boiler operating day rolling average emissions
rate equations for pollutants other than Hg. Use Equation 2a or 2b
of this section to calculate the 30 day rolling average emissions
daily.

[GRAPHIC] [TIFF OMITTED] TR06AP16.003

Where:

Heri = hourly emission rate (e.g., lb/MMBtu, lb/MWh) from
unit i's CEMS for the preceding 30-group boiler operating days,
Rmi = hourly heat input or gross output from unit i for
the preceding 30-group boiler operating days,
p = number of EGUs in emissions averaging group that rely on CEMS or
sorbent trap monitoring,
n = number of hours that hourly rates are collected over 30-group
boiler operating days,
Teri = Emissions rate from most recent emissions test of
unit i in terms of lb/heat input or lb/gross output,
Rti = Total heat input or gross output of unit i for the
preceding 30-boiler operating days, and
m = number of EGUs in emissions averaging group that rely on
emissions testing.

[GRAPHIC] [TIFF OMITTED] TR06AP16.004

Where:

variables with similar names share the descriptions for Equation 2a
of this section,
Smi = steam generation in units of pounds from unit i
that uses CEMS for the preceding 30-group boiler operating days,
Cfmi = conversion factor, calculated from the most recent
compliance test results, in units of heat input per pound of steam
generated or gross output per pound of steam generated, from unit i
that uses CEMS from the preceding 30 group boiler operating days,
Sti = steam generation in units of pounds from unit i
that uses emissions testing, and
Cfti = conversion factor, calculated from the most recent
compliance test results, in units of heat input per pound of steam
generated or gross output per pound of steam generated, from unit i
that uses emissions testing.

    (3) Weighted 90-boiler operating day rolling average emissions
rate equations for Hg emissions from EGUs in the ``coal-fired unit
not low rank virgin coal'' subcategory. Use Equation 3a or 3b of
this section to calculate the 90-day rolling average emissions
daily.

[GRAPHIC] [TIFF OMITTED] TR06AP16.005

Where:

Heri = hourly emission rate from unit i's CEMS or Hg
sorbent trap monitoring system for the preceding 90-group boiler
operating days,
Rmi = hourly heat input or gross output from unit i for
the preceding 90-group boiler operating days,
p = number of EGUs in emissions averaging group that rely on CEMS,
n = number of hours that hourly rates are collected over the 90-
group boiler operating days,
Teri = Emissions rate from most recent emissions test of
unit i in terms of lb/heat input or lb/gross output,
Rti = Total heat input or gross output of unit i for the
preceding 90-boiler operating days, and
m = number of EGUs in emissions averaging group that rely on
emissions testing.

[GRAPHIC] [TIFF OMITTED] TR06AP16.006

Where:

variables with similar names share the descriptions for Equation 2a
of this section,
Smi = steam generation in units of pounds from unit i
that uses CEMS or a Hg sorbent trap monitoring for the preceding 90-
group boiler operating days,
Cfmi = conversion factor, calculated from the most recent
compliance test results, in units of heat input per pound of steam
generated or gross output per pound of steam generated, from unit i
that uses CEMS or sorbent trap monitoring from the preceding 90-
group boiler operating days,
Sti = steam generation in units of pounds from unit i
that uses emissions testing, and
Cfti = conversion factor, calculated from the most recent
emissions test results, in units of heat input per pound of steam
generated or gross output per pound of steam generated, from unit i
that uses emissions testing.
* * * * *
    (e) The weighted-average emissions rate from the existing EGUs
participating in the emissions averaging option must be in compliance
with the limits in Table 2 to this subpart at all times following the
date that you begin emissions averaging.
    (f) Emissions averaging group eligibility demonstration. You must
demonstrate the ability for the EGUs included in the emissions
averaging group to demonstrate initial compliance according to
paragraph (f)(1) or (2) of this section using the maximum rated heat
input or gross output over a 30- (or 90-) boiler operating day period
of each EGU and the results of the initial performance tests. For this
demonstration and prior to preparing your emissions averaging plan, you
must conduct required emissions monitoring for 30- (or 90-) days of
boiler operation and any required manual performance testing to
calculate maximum weighted average emissions rate in accordance with
this section. If, before the start of your initial compliance
demonstration, the Administrator becomes aware that you intend to use
emissions averaging for that demonstration, or if your initial
Notification of Compliance Status (NOCS) indicates that you intend to

implement emissions averaging at a future date, the Administrator may
require you to submit your proposed emissions averaging plan and
supporting data for approval. If the Administrator requires approval of
your plan, you may not begin using emissions averaging until the
Administrator approves your plan.
* * * * *
    (2) If you are not capable of monitoring heat input or gross
output, and the EGU generates steam for purposes other than generating
electricity, you may use Equation 1b of paragraph (b) of this section
as an alternative to using Equation 1a of paragraph (b) of this section
to demonstrate that the maximum weighted average emissions rates of
filterable PM, HF, SO2, HCl, non-Hg HAP metals, or Hg
emissions from the existing units participating in the emissions
averaging group do not exceed the emission limits in Table 2 to this
subpart.
    (g) You must determine the weighted average emissions rate in units
of the applicable emissions limit on a 30 group boiler operating day
rolling average basis (or, if applicable, on a 90 group boiler
operating day rolling average basis for Hg) according to paragraphs
(g)(1) and (2) of this section. The first averaging period ends on the
30th (or, if applicable, 90th for the alternate Hg emission limit)
group boiler operating day after the date that you begin emissions
averaging.
    (1) You must use Equation 2a or 3a of paragraph (b) of this section
to calculate the weighted average emissions rate using the actual heat
input or gross output for each existing unit participating in the
emissions averaging option.
    (2) If you are not capable of monitoring heat input or gross
output, you may use Equation 2b or 3b of paragraph (b) of this section
as an alternative to using Equation 2a of paragraph (b) of this section
to calculate the average weighted emission rate using the actual steam
generation from the units participating in the emissions averaging
option.
* * * * *
    (j) * * *
    (1) * * *
    (ii) The process weighting parameter (heat input, gross output, or
steam generated) that will be monitored for each averaging group;
* * * * *
    (2) If, as described in paragraph (f) of this section, the
Administrator requests you to submit the averaging plan for review and
approval, you must receive approval before initiating emissions
averaging.
* * * * *

0
12. Section 63.10010 is amended by revising paragraphs (a)(4), (f)(3)
and (4), (h)(6)(i) and (ii), (i)(5)(i)(A) and (B), (j)(1)(i),
(j)(4)(i)(A) and (B), and (l) to read as follows:

Sec.  63.10010  What are my monitoring, installation, operation, and
maintenance requirements?

    (a) * * *
    (4) Unit with a main stack and a bypass stack that exhausts to the
atmosphere independent of the main stack. If the exhaust configuration
of an affected unit consists of a main stack and a bypass stack, you
shall install CEMS on both the main stack and the bypass stack. If it
is not feasible to certify and quality-assure the data from a
monitoring system on the bypass stack, you shall:
    (i) Route the exhaust from the bypass through the main stack and
its monitoring so that bypass emissions are measured; or
    (ii) Install a CEMS only on the main stack and count hours that the
bypass stack is in use as hours of deviation from the monitoring
requirements.
* * * * *
    (f) * * *
    (3) Calculate and record a 30-boiler operating day rolling average
SO2 emission rate in the units of the standard, updated
after each new boiler operating day. Each 30-boiler operating day
rolling average emission rate is the average of all of the valid hourly
SO2 emission rates in the 30 boiler operating day period.
    (4) Use only unadjusted, quality-assured SO2
concentration values in the emissions calculations; do not apply bias
adjustment factors to the part 75 SO2 data and do not use
part 75 substitute data values. For startup or shutdown hours (as
defined in Sec.  63.10042) the default gross output and the diluent cap
are available for use in the hourly SO2 emission rate
calculations, as described in Sec.  63.10007(f). Use a flag to identify
each startup or shutdown hour and report a special code if the diluent
cap or default gross output is used to calculate the SO2
emission rate for any of these hours.
* * * * *
    (h) * * *
    (6) * * *
    (i) Any data collected during periods of monitoring system
malfunctions, repairs associated with monitoring system malfunctions,
or required monitoring system quality assurance or quality control
activities that temporarily interrupt the measurement of output data
from the PM CPMS. You must report any monitoring system malfunctions or
out of control periods in your annual deviation reports. You must
report any monitoring system quality assurance or quality control
activities per the requirements of Sec.  63.10031(b);
    (ii) Any data collected during periods when the monitoring system
is out of control as specified in your site-specific monitoring plan,
repairs associated with periods when the monitoring system is out of
control, or required monitoring system quality assurance or quality
control activities conducted during out-of-control periods. You must
report any such periods in your annual deviation report;
* * * * *
    (i) * * *
    (5) * * *
    (i) * * *
    (A) Any data collected during periods of monitoring system
malfunctions, repairs associated with monitoring system malfunctions,
or required monitoring system quality assurance or quality control
activities that temporarily interrupt the measurement of emissions
(e.g., calibrations, certain audits). You must report any monitoring
system malfunctions or out of control periods in your annual deviation
reports. You must report any monitoring system quality assurance or
quality control activities per the requirements of Sec.  63.10031(b);
    (B) Any data collected during periods when the monitoring system is
out of control as specified in your site-specific monitoring plan,
repairs associated with periods when the monitoring system is out of
control, or required monitoring system quality assurance or quality
control activities conducted during out-of-control periods. You must
report any such periods in your annual deviation report;
* * * * *
    (j) * * *
    (1)(i) Install, calibrate, operate, and maintain your HAP metals
CEMS according to your CMS quality control program, as described in
Sec.  63.8(d)(2). The reportable measurement output from the HAP metals
CEMS must be expressed in units of the applicable emissions limit
(e.g., lb/MMBtu, lb/MWh) and in the form of a 30-boiler operating day
rolling average.
* * * * *
    (4) * * *
    (i) * * *
    (A) Any data collected during periods of monitoring system
malfunctions, repairs associated with monitoring

system malfunctions, or required monitoring system quality assurance or
quality control activities that temporarily interrupt the measurement
of emissions (e.g., calibrations, certain audits). You must report any
monitoring system malfunctions or out of control periods in your annual
deviation reports. You must report any monitoring system quality
assurance or quality control activities per the requirements of Sec.
63.10031(b);
    (B) Any data collected during periods when the monitoring system is
out of control as specified in your site-specific monitoring plan,
repairs associated with periods when the monitoring system is out of
control, or required monitoring system quality assurance or quality
control activities conducted during out-of-control periods. You must
report any monitoring system malfunctions or out of control periods in
your annual deviation reports. You must report any monitoring system
quality assurance or quality control activities per the requirements of
Sec.  63.10031(b);
* * * * *
    (l) Should you choose to rely on paragraph (2) of the definition of
``startup'' in Sec.  63.10042 for your EGU, you must install, verify,
operate, maintain, and quality assure each monitoring system necessary
for demonstrating compliance with the PM or non-mercury metals work
practice standards required to comply with Sec.  63.10020(e).
    (1) You shall develop a site-specific monitoring plan for PM or
non-mercury metals work practice monitoring during startup periods.
    (2) You shall submit the site-specific monitoring plan upon request
by the Administrator.
    (3) The provisions of the monitoring plan must address the
following items:
    (i) Monitoring system installation;
    (ii) Performance and equipment specifications;
    (iii) Schedule for initial and periodic performance evaluations;
    (iv) Performance evaluation procedures and acceptance criteria;
    (v) On-going operation and maintenance procedures; and
    (vi) On-going recordkeeping and reporting procedures.
    (4) You may rely on monitoring system specifications or
instructions or manufacturer's specifications to address paragraphs
(l)(3)(i) through (vi) of this section.
    (5) You must operate and maintain the monitoring system according
to the site-specific monitoring plan.

0
13. Section 63.10011 is amended by revising paragraphs (b), (c), (e),
and (g) to read as follows:

Sec.  63.10011  How do I demonstrate initial compliance with the
emissions limits and work practice standards?

* * * * *
    (b) If you are subject to an operating limit in Table 4 to this
subpart, you demonstrate initial compliance with HAP metals or
filterable PM emission limit(s) through performance stack tests and you
elect to use a PM CPMS to demonstrate continuous performance, or if,
for a liquid oil-fired EGU, and you use quarterly stack testing for HCl
and HF plus site-specific parameter monitoring to demonstrate
continuous performance, you must also establish a site-specific
operating limit, in accordance with Sec.  63.10007 and Table 6 to this
subpart. You may use only the parametric data recorded during
successful performance tests (i.e., tests that demonstrate compliance
with the applicable emissions limits) to establish an operating limit.
    (c)(1) If you use CEMS or sorbent trap monitoring systems to
measure a HAP (e.g., Hg or HCl) directly, the initial performance test,
shall consist of a 30-boiler operating day (or, for certain coal-fired,
existing EGUs that use emissions averaging for Hg, a 90-boiler
operating day) rolling average emissions rate obtained with a certified
CEMS or sorbent trap system, expressed in units of the standard. If the
monitoring system is certified prior to the applicable compliance date,
the initial averaging period shall either begin with: The first boiler
operating day on or after the compliance date; or 30 (or, if
applicable, 90) boiler operating days prior to that date, as described
in Sec.  63.10005(b). In all cases, the initial 30- or 90-boiler
operating day averaging period must be completed on or before the date
that compliance must be demonstrated, in accordance with Sec.
63.9984(f). Initial compliance is demonstrated if the results of the
performance test meet the applicable emission limit in Table 1 or 2 to
this subpart.
    (2) For an EGU that uses a CEMS to measure SO2 or PM
emissions for initial compliance, the initial performance test shall
consist of a 30-boiler operating day average emission rate obtained
with certified CEMS, expressed in units of the standard. If the
monitoring system is certified prior to the applicable compliance date,
the initial averaging period shall either begin with: The first boiler
operating day on or after the compliance date; or 30 boiler operating
days prior to that date, as described in Sec.  63.10005(b). In all
cases, the initial 30- boiler operating day averaging period must be
completed on or before the date that compliance must be demonstrated,
in accordance with Sec.  63.9984(f). Initial compliance is demonstrated
if the results of the performance test meet the applicable
SO2 or PM emission limit in Table 1 or 2 to this subpart.
* * * * *
    (e) You must submit a Notification of Compliance Status containing
the results of the initial compliance demonstration, in accordance with
Sec.  63.10030(e).
* * * * *
    (g) You must follow the startup or shutdown requirements as
established in Table 3 to this subpart for each coal-fired, liquid oil-
fired, or solid oil-derived fuel-fired EGU.
    (1) You may use the diluent cap and default gross output values, as
described in Sec.  63.10007(f), during startup periods or shutdown
periods.
    (2) You must operate all CMS, collect data, calculate pollutant
emission rates, and record data during startup periods or shutdown
periods.
    (3) You must report the information as required in Sec.  63.10031.
    (4) If you choose to use paragraph (2) of the definition of
``startup'' in Sec.  63.10042 and you find that you are unable to
safely engage and operate your particulate matter (PM) control(s)
within 1 hour of first firing of coal, residual oil, or solid oil-
derived fuel, you may choose to rely on paragraph (1) of definition of
``startup'' in Sec.  63.10042 or you may submit a request to use an
alternative non-opacity emissions standard, as described below.
    (i) As mentioned in Sec.  63.6(g)(1), your request will be
published in the Federal Register for notice and comment rulemaking.
Until promulgation in the Federal Register of the final alternative
non-opacity emission standard, you shall comply with paragraph (1) of
the definition of ``startup'' in Sec.  63.10042. You shall not
implement the alternative non-opacity emissions standard until
promulgation in the Federal Register of the final alternative non-
opacity emission standard.
    (ii) Your request need not address the items contained in Sec.
63.6(g)(2).
    (iii) Your request shall provide evidence of a documented
manufacturer-identified safety issue.
    (iv) Your request shall provide information to document that the PM
control device is adequately designed and sized to meet the PM emission
limit applicable to the EGU.
    (v) In addition, your request shall contain documentation that:
    (A) Your EGU is using clean fuels to the maximum extent possible,
taking into account considerations such as not compromising boiler or
control device integrity, to bring your EGU and PM

control device up to the temperature necessary to alleviate or prevent
the identified safety issues prior to the combustion of primary fuel in
your EGU;
    (B) You have followed explicitly your EGU manufacturer's procedures
to alleviate or prevent the identified safety issue; and
    (C) You have identified with specificity the details of your EGU
manufacturer's statement of concern.
    (vi) Your request shall specify the other work practice standards
you will take to limit HAP emissions during startup periods and
shutdown periods to ensure a control level consistent with the work
practice standards of the final rule.
    (vii) You must comply with all other work practice requirements,
including but not limited to data collection, recordkeeping, and
reporting requirements.

0
14. Section 63.10020 is amended by revising paragraph (e) to read as
follows:

Sec.  63.10020  How do I monitor and collect data to demonstrate
continuous compliance?

* * * * *
    (e) Additional requirements during startup periods or shutdown
periods if you choose to rely on paragraph (2) of the definition of
``startup'' in Sec.  63.10042 for your EGU.
    (1) During each period of startup, you must record for each EGU:
    (i) The date and time that clean fuels being combusted for the
purpose of startup begins;
    (ii) The quantity and heat input of clean fuel for each hour of
startup;
    (iii) The gross output for each hour of startup;
    (iv) The date and time that non-clean fuel combustion begins; and
    (v) The date and time that clean fuels being combusted for the
purpose of startup ends.
    (2) During each period of shutdown, you must record for each EGU:
    (i) The date and time that clean fuels being combusted for the
purpose of shutdown begins;
    (ii) The quantity and heat input of clean fuel for each hour of
shutdown;
    (iii) The gross output for each hour of shutdown;
    (iv) The date and time that non-clean fuel combustion ends; and
    (v) The date and time that clean fuels being combusted for the
purpose of shutdown ends.
    (3) For PM or non-mercury HAP metals work practice monitoring
during startup periods, you must monitor and collect data according to
this section and the site-specific monitoring plan required by Sec.
63.10010(l).
    (i) Except for an EGU that uses PM CEMS or PM CPMS to demonstrate
compliance with the PM emissions limit, or that has LEE status for
filterable PM or total non-Hg HAP metals for non- liquid oil-fired EGUs
(or HAP metals emissions for liquid oil-fired EGUs), or individual non-
mercury metals CEMS, you must:
    (A) Record temperature and combustion air flow or calculated flow
as determined from combustion equations of post-combustion (exhaust)
gas, as well as amperage of forced draft fan(s), upstream of the
filterable PM control devices during each hour of startup.
    (B) Record temperature and flow of exhaust gas, as well as amperage
of any induced draft fan(s), downstream of the filterable PM control
devices during each hour of startup.
    (C) For an EGU with an electrostatic precipitator, record the
number of fields in service, as well as each field's secondary voltage
and secondary current during each hour of startup.
    (D) For an EGU with a fabric filter, record the number of
compartments in service, as well as the differential pressure across
the baghouse during each hour of startup.
    (E) For an EGU with a wet scrubber needed for filterable PM
control, record the scrubber liquid to flue gas ratio and the pressure
drop across the scrubber during each hour of startup.
    (ii) [Reserved]

0
15. Section 63.10021 is amended by revising paragraphs (d)(3), (e)
introductory text, (e)(9), and (h)(1) to read as follows:

Sec.  63.10021  How do I demonstrate continuous compliance with the
emission limitations, operating limits, and work practice standards?

* * * * *
    (d) * * *
    (3) Must conduct site-specific monitoring using CMS to demonstrate
compliance with the site-specific monitoring requirements in Table 7 to
this subpart pertaining to HCl and HF emissions from a liquid oil-fired
EGU to ensure compliance with the HCl and HF emission limits in Tables
1 and 2 to this subpart, in accordance with the requirements of Sec.
63.10000(c)(2)(iii). The monitoring must meet the general operating
requirements provided in Sec.  63.10020.
    (e) Conduct periodic performance tune-ups of your EGU(s), as
specified in paragraphs (e)(1) through (9) of this section. For your
first tune-up, you may perform the burner inspection any time prior to
the tune-up or you may delay the first burner inspection until the next
scheduled EGU outage provided you meet the requirements of Sec.
63.10005. Subsequently, you must perform an inspection of the burner at
least once every 36 calendar months unless your EGU employs neural
network combustion optimization during normal operations in which case
you must perform an inspection of the burner and combustion controls at
least once every 48 calendar months. If your EGU is offline when a
deadline to perform the tune-up passes, you shall perform the tune-up
work practice requirements within 30 days after the re-start of the
affected unit.
* * * * *
    (9) Report the dates of the initial and subsequent tune-ups in hard
copy, as specified in Sec.  63.10031(f)(5), until April 16, 2017. After
April 16, 2017, report the date of all tune-ups electronically, in
accordance with Sec.  63.10031(f). The tune-up report date is the date
when tune-up requirements in paragraphs (e)(6) and (7) of this section
are completed.
* * * * *
    (h) * * *
    (1) You may use the diluent cap and default gross output values, as
described in Sec.  63.10007(f), during startup periods or shutdown
periods.
* * * * *

0
16. Section 63.10023 is amended by removing and reserving paragraph
(b)(1) and revising paragraph (b)(2) introductory text to read as
follows:

Sec.  63.10023  How do I establish my PM CPMS operating limit and
determine compliance with it?

* * * * *
    (b) * * *
    (2) Determine your operating limit as follows:
* * * * *

0
17. Section 63.10030 is amended by:
0
a. Revising paragraphs (e)(1) and (e)(7)(i);
0
b. Adding paragraph (e)(7)(iii);
0
c. Revising paragraph (e)(8); and
0
d. Adding paragraph (f).
    The revisions and additions read as follows:

Sec.  63.10030  What notifications must I submit and when?

* * * * *
    (e) * * *
    (1) A description of the affected source(s), including
identification of the subcategory of the source, the design capacity of
the source, a description of the add-on controls used on the source,
description of the fuel(s) burned, including whether the fuel(s) were
determined by you or EPA through a

petition process to be a non-waste under 40 CFR 241.3, whether the
fuel(s) were processed from discarded non-hazardous secondary materials
within the meaning of 40 CFR 241.3, and justification for the selection
of fuel(s) burned during the performance test.
* * * * *
    (7) * * *
    (i) A summary of the results of the annual performance tests and
documentation of any operating limits that were reestablished during
this test, if applicable. If you are conducting stack tests once every
3 years consistent with Sec.  63.10005(h)(1)(i), the date of each stack
test conducted during the previous 3 years, a comparison of emission
level you achieved in each stack test conducted during the previous 3
years to the 50 percent emission limit threshold required in Sec.
63.10006(i), and a statement as to whether there have been any
operational changes since the last stack test that could increase
emissions.
* * * * *
    (iii) For each of your existing EGUs, identification of each
emissions limit as specified in Table 2 to this subpart with which you
plan to comply.
    (A) You may switch from a mass per heat input to a mass per gross
output limit (or vice-versa), provided that:
    (1) You submit a request that identifies for each EGU or EGU
emissions averaging group involved in the proposed switch both the
current and proposed emission limit;
    (2) Your request arrives to the Administrator at least 30 calendar
days prior to the date that the switch is proposed to occur;
    (3) Your request demonstrates through performance stack test
results completed within 30 days prior to your submission, compliance
for each EGU or EGU emissions averaging group with both the mass per
heat input and mass per gross output limits;
    (4) You revise and submit all other applicable plans, e.g.,
monitoring and emissions averaging, with your request; and
    (5) You maintain records of all information regarding your choice
of emission limits.
    (B) You begin to use the revised emission limits starting in the
next reporting period, after receipt of written acknowledgement from
the Administrator of the switch.
    (C) From submission of your request until start of the next
reporting period after receipt of written acknowledgement from the
Administrator of the switch, you demonstrate compliance with both the
mass per heat input and mass per gross output emission limits for each
pollutant for each EGU or EGU emissions averaging group.
    (8) Identification of whether you plan to rely on paragraph (1) or
(2) of the definition of ``startup'' in Sec.  63.10042.
    (i) Should you choose to rely on paragraph (2) of the definition of
``startup'' in Sec.  63.10042 for your EGU, you shall include a report
that identifies:
    (A) The original EGU installation date;
    (B) The original EGU design characteristics, including, but not
limited to, fuel mix and PM controls;
    (C) Each design PM control device efficiency established during
performance testing or while operating in periods other than startup
and shutdown periods;
    (D) The design PM emission rate from the EGU in terms of pounds PM
per MMBtu and pounds PM per hour established during performance testing
or while operating in periods other than startup and shutdown periods;
    (E) The design time from start of fuel combustion to necessary
conditions for each PM control device startup;
    (F) Each design PM control device efficiency upon startup of the PM
control device, if different from the efficiency provided in paragraph
(e)(8)(i)(C) of this section;
    (G) Current EGU PM producing characteristics, including, but not
limited to, fuel mix and PM controls, if different from the
characteristics provided in paragraph (e)(8)(i)(B) of this section;
    (H) Current PM control device efficiency from each PM control
device, if different from the efficiency provided in paragraph
(e)(8)(i)(C) of this section;
    (I) Current PM emission rate from the EGU in terms of pounds PM per
MMBtu and pounds per hour, if different from the rate provided in
paragraph (e)(8)(i)(D) of this section;
    (J) Current time from start of fuel combustion to conditions
necessary for each PM control device startup, if different from the
time provided in paragraph (e)(8)(i)(E) of this section; and
    (K) Current PM control device efficiency upon startup of each PM
control device, if different from the efficiency provided in paragraph
(e)(8)(i)(H) of this section.
    (ii) The report shall be prepared, signed, and sealed by a
professional engineer licensed in the state where your EGU is located.
    (iii) You may switch from paragraph (1) of the definition of
``startup'' in Sec.  63.10042 to paragraph (2) of the definition of
``startup'' (or vice-versa), provided that:
    (A) You submit a request that identifies for each EGU or EGU
emissions averaging group involved in the proposed switch both the
current definition of ``startup'' relied on and the proposed definition
you plan to rely on;
    (B) Your request arrives to the Administrator at least 30 calendar
days prior to the date that the switch is proposed to occur;
    (C) You revise and submit all other applicable plans, e.g.,
monitoring and emissions averaging, with your submission;
    (D) You maintain records of all information regarding your choice
of the definition of ``startup''; and
    (E) You begin to use the revised definition of ``startup'' in the
next reporting period after receipt of written acknowledgement from the
Administrator of the switch.
    (f) You must submit the notifications in Sec.  63.10000(h)(2) and
(i)(2) that may apply to you by the dates specified.

0
18. Section 63.10031 is amended by revising paragraphs (c) introductory
text and (c)(4) and (5) and adding paragraphs (c)(6), (7), (8), and (9)
to read as follows:

Sec.  63.10031  What reports must I submit and when?

* * * * *
    (c) The compliance report must contain the information required in
paragraphs (c)(1) through (9) of this section.
* * * * *
    (4) Include the date of the most recent tune-up for each EGU. The
date of the tune-up is the date the tune-up provisions specified in
Sec.  63.10021(e)(6) and (7) were completed.
    (5) Should you choose to rely on paragraph (2) of the definition of
``startup'' in Sec.  63.10042 for your EGU, for each instance of
startup or shutdown you shall:
    (i) Include the maximum clean fuel storage capacity and the maximum
hourly heat input that can be provided for each clean fuel determined
according to the requirements of Sec.  63.10032(f).
    (ii) Include the information required to be monitored, collected,
or recorded according to the requirements of Sec.  63.10020(e).
    (iii) If you choose to use CEMS to demonstrate compliance with
numerical limits, include hourly average CEMS values and hourly average
flow values during startup periods or shutdown periods. Use units of