might be associated with the source category by performing a
demographic analysis of the population close to the facilities. In this
analysis, we evaluated the distribution of HAP-related cancer and non-
cancer risks from the subpart MM source category across different
social, demographic, and economic groups within the populations living
near facilities identified as having the highest risks. The methodology
and the results of the demographic analyses are included in a technical
report, Risk and Technology Review--Analysis of Socio-Economic Factors
for Populations Living Near Pulp Mill Combustion Sources, available in
the docket for this action (Docket ID No. EPA-HQ-OAR-2014-0741). The
results, for various demographic groups, are based on the estimated
risks from actual emissions

levels for the population living within 50 kilometers (km) of the
facilities.\16\
---------------------------------------------------------------------------

    \16\ This metric comes from the Benzene NESHAP. See 54 FR 38046.
---------------------------------------------------------------------------

    The results of the subpart MM source category demographic analysis
indicate that emissions from the source category expose approximately
7,600 people to a cancer risk at or above 1-in-1 million and do not
expose any person to a chronic non-cancer TOSHI greater than 1. The
specific demographic results indicate that the percentage of the
population potentially impacted by emissions is greater than its
corresponding national percentage for the minority population (33
percent for the source category compared to 28 percent nationwide), the
African American population (28 percent for the source category
compared to 13 percent nationwide) and for the population over age 25
without a high school diploma (18 percent for the source category
compared to 15 percent nationwide). The proximity results (irrespective
of risk) indicate that the population percentages for certain
demographic categories within 5 km of source category emissions are
greater than the corresponding national percentage for those same
demographics. The following demographic percentages for populations
residing within close proximity to facilities with chemical recovery
combustion sources are higher than the corresponding nationwide
percentage: African American, ages 65 and up, over age 25 without a
high school diploma, and below the poverty level.
    The risks due to HAP emissions from this source category are low
for all populations (e.g., inhalation cancer risks are less than 4-in-1
million for all populations and non-cancer HIs are less than 1).
Furthermore, we do not expect this final rule to achieve significant
reductions in HAP emissions. Section IV.B of this preamble addresses
opportunities as part of the technology review to further reduce HAP
emissions. We did not find these technologies to be cost effective.
    Therefore, we conclude that this final rule will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it does not
affect the level of protection provided to human health or the
environment. However, this final rule will provide additional benefits
to these demographic groups by improving the compliance, monitoring,
and implementation of the NESHAP.

G. What analysis of children's environmental health did we conduct?

    This action is not subject to Executive Order 13045 because it is
not economically significant as defined in Executive Order 12866, and
because the EPA does not believe the environmental health risks or
safety risks addressed by this action present a disproportionate risk
to children. The results of the subpart MM source category demographic
analysis \17\ indicate that approximately 7,600 people are exposed to a
cancer risk at or above 1-in-1 million and no one is exposed to a
chronic non-cancer TOSHI greater than 1 due to emissions from the
source category. The distribution of the population with risks above 1-
in-1 million is 26 percent for ages 0 to 17, 61 percent for ages 18 to
64, and 13 percent for ages 65 and up. Children ages 0 to 17 also
constitute 24 percent of the population nationwide. Therefore, the
analysis shows that actual emissions from 40 CFR part 63, subpart MM
facilities have only a slightly greater impact on children ages 0 to
17.
---------------------------------------------------------------------------

    \17\ See the following document in the docket titled, Risk and
Technology Review--Analysis of Socio-Economic Factors for
Populations Living Near Pulp Mill Combustion Sources.
---------------------------------------------------------------------------

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. Executive Order 13771: Reducing Regulations and Controlling
Regulatory Costs

    This action is not an Executive Order 13771 regulatory action
because this action is not significant under Executive Order 12866.

C. Paperwork Reduction Act (PRA)

    The information collection activities in this rule have been
submitted for approval to OMB under the PRA. The ICR document that the
EPA prepared has been assigned EPA ICR number 1805.09. You can find a
copy of the ICR in the docket for this rule (Docket ID No. EPA-HQ-OAR-
2014-0741), and it is briefly summarized here. The information
collection requirements are not enforceable until OMB approves them.
    The information requirements are based on notification,
recordkeeping, and reporting requirements in the NESHAP General
Provisions, which are essential in determining compliance and mandatory
for all operators subject to national emissions standards. These
recordkeeping and reporting requirements are specifically authorized by
CAA section 114 (42 U.S.C. 7414). All information submitted to the EPA
pursuant to the recordkeeping and reporting requirements for which a
claim of confidentiality is made is safeguarded according to Agency
policies set forth in 40 CFR part 2, subpart B.
    We are finalizing changes to the 40 CFR part 63, subpart MM
paperwork requirements in the form of eliminating the SSM reporting and
SSM plan requirements, adding periodic emissions testing for selected
process equipment, revising opacity monitoring allowances, adding a
recordkeeping requirement for recovery furnaces and lime kilns equipped
with ESPs, reducing the frequency of all excess emissions reports to
semiannual, and requiring electronic submittal of all performance test
reports and semiannual reports.
    Respondents/affected entities: Respondents include chemical pulp
mills operating equipment subject to 40 CFR part 63, subpart MM.
    Respondent's obligation to respond: Mandatory (authorized by
section 114 of the CAA).
    Estimated number of respondents: 107.
    Frequency of response: The frequency of responses varies depending
on the burden item. Responses include notifications, reports of
periodic performance tests, and semiannual compliance reports.
    Total estimated burden: The estimated annual recordkeeping and
reporting burden for this information collection, averaged over the
first 3 years of this ICR, is 124,085 labor hours per year. Burden is
defined at 5 CFR 1320.3(b).
    Total estimated cost: $14.1 to 14.2 million per year, including
$13.4 million per year in labor costs and $0.7 to 0.8 million per year
in annualized capital costs at 3 percent and 7 percent interest,
respectively. These estimated costs represent the full ongoing
information collection burden for 40 CFR part 63, subpart MM, as
revised by the final amendments being promulgated.

    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for the
EPA's regulations in 40 CFR are listed in 40 CFR part 9. When OMB
approves this ICR, the Agency will announce that approval in the
Federal Register and publish a technical amendment to 40 CFR part 9 to
display the OMB control number for the approved information collection
activities contained in this final rule.

D. 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. In
making this determination, the impact of concern is any significant
adverse economic impact on small entities. An agency may certify that a
rule will not have a significant economic impact on a substantial
number of small entities if the rule relieves regulatory burden, has no
net burden or otherwise has a positive economic effect on the small
entities subject to the rule. The EPA estimates that all affected small
entities will have annualized costs of less than 1 percent of their
sales. We have, therefore, concluded that this action will have no net
regulatory burden for all directly regulated small entities. For more
information on the small entity impacts associated with this rule,
please refer to the Economic Impact Analysis for Final Revisions to the
National Emissions Standards for Hazardous Air Pollutants, Subpart MM,
for the Pulp and Paper Industry in the public docket (Docket ID No.
EPA-HQ-OAR-2014-0741).

E. Unfunded Mandates Reform Act (UMRA)

    This action does not contain an unfunded mandate of $100 million or
more as described in UMRA, 2 U.S.C. 1531-1538, and does not
significantly or uniquely affect small governments. The action imposes
no enforceable duty on any state, local, or tribal governments or the
private sector.

F. 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.

G. 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 final rule imposes requirements on owners
and operators of kraft, soda, sulfite, and stand-alone semichemical
pulp mills and not tribal governments. The EPA does not know of any
pulp mills owned or operated by Indian tribal governments, or located
within tribal lands. However, if there are any, the effect of this rule
on communities of tribal governments would not be unique or
disproportionate to the effect on other communities. Thus, Executive
Order 13175 does not apply to this action.

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

    This action is not subject to Executive Order 13045 because it is
not economically significant as defined in Executive Order 12866, and
because the EPA does not believe the environmental health or safety
risks addressed by this action present a disproportionate risk to
children. This action's health and risk assessments are contained in
section IV.A of this preamble and further documented in the risk report
titled, Residual Risk Assessment for Pulp Mill Combustion Sources in
Support of the October 2017 Risk and Technology Review Final Rule,
available in the docket for this action (Docket ID No. EPA-HQ-OAR-2014-
0741).

I. 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.

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

    This action involves technical standards. While the EPA identified
ASTM D6784-02 (Reapproved 2008), ``Standard Test Method for Elemental,
Oxidized, Particle-Bound and Total Mercury Gas Generated from Coal-
Fired Stationary Sources (Ontario Hydro Method)'' as being potentially
applicable, the Agency decided not to use it. The use of this voluntary
consensus standard would be impractical because this standard is only
acceptable as an alternative to the portion of EPA Method 29 for
mercury, and emissions testing for mercury alone is not required under
40 CFR part 63, subpart MM.
    The EPA is incorporating into 40 CFR part 63, subpart MM the
following guidance document: EPA-454/R-98-015, Office of Air Quality
Planning and Standards (OAQPS), Fabric Filter Bag Leak Detection
Guidance, September 1997. This guidance document provides procedures
for selecting, installing, setting up, adjusting, and operating a bag
leak detection system; and also includes QA procedures. This guidance
document is readily accessible at https://www.epa.gov/emc/emc-continuous-emission-monitoring-systems.

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

    The EPA believes that this action does not have disproportionately
high and adverse human health or environmental effects on minority
populations, low-income populations, and/or indigenous peoples, as
specified in Executive Order 12898 (59 FR 7629, February 16, 1994).
    The documentation for this decision is contained in section V.F of
this preamble and the technical report titled, Risk and Technology
Review-Analysis of Socio-Economic Factors for Populations Living Near
Pulp Mill Combustion Sources, in the public docket for this action
(Docket ID No. EPA-HQ-OAR-2014-0741).

L. 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 in 40 CFR Part 63

    Environmental protection, Administrative practice and procedures,
Air pollution control, Hazardous substances, Incorporation by
reference, Intergovernmental relations, Pulp and paper mills, Reporting
and recordkeeping requirements.

    Dated: September 29, 2017.
E. Scott Pruitt,
Administrator.

    For the reasons set out in the preamble, title 40, chapter I, part
63 of the Code of Federal Regulations is amended as follows:

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

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

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

Subpart A--[Amended]

0
 2. Section 63.14 is amended by revising paragraph (m)(3) to read as
follows:

Sec.  63.14  Incorporations by reference.

* * * * *
    (m) * * *
    (3) EPA-454/R-98-015, Office of Air Quality Planning and Standards
(OAQPS), Fabric Filter Bag Leak Detection Guidance, September 1997,
https://nepis.epa.gov/Exe/ZyPDF.cgi?Dockey=2000D5T6.PDF, IBR approved
for Sec. Sec.  63.548(e), 63.864(e), 63.7525(j), 63.8450(e),
63.8600(e), and 63.11224(f).
* * * * *

Subpart MM--[Amended]

0
 3. Section 63.860 is amended by revising paragraphs (b)(5) and (7) and
adding paragraph (d) to read as follows:

Sec.  63.860  Applicability and designation of affected source.

* * * * *
    (b) * * *
    (5) Each new or existing sulfite combustion unit located at a
sulfite pulp mill, except such existing units at Cosmo Specialty
Fibers' Cosmopolis, Washington facility (Emission Unit no. AP-10).
* * * * *
    (7) The requirements of the alternative standard in Sec.  63.862(d)
apply to the hog fuel dryer at Cosmo Specialty Fibers' Cosmopolis,
Washington facility (Emission Unit no. HD-14).
* * * * *
    (d) At all times, the owner or operator must operate and maintain
any affected source, including associated air pollution control
equipment and monitoring equipment, in a manner consistent with safety
and good air pollution control practices for minimizing emissions. The
general duty to minimize emissions does not require the owner or
operator to make any further efforts to reduce emissions if levels
required by the applicable standard have been achieved. Determination
of whether a source is operating in compliance with operation and
maintenance requirements will be based on information available to the
Administrator which may include, but is not limited to, monitoring
results, review of operation and maintenance procedures, review of
operation and maintenance records, and inspection of the source.

0
4. Section 63.861 is amended by:
0
 a. Removing the definition for ``Black liquor gasification'';
0
b. Revising the definitions for ``Hazardous air pollutants (HAP)
metals,'' ``Hog fuel dryer,'' ``Kraft recovery furnace,''
``Modification,'' ``Particulate matter (PM),'' ``Recovery furnace,''
``Semichemical combustion unit,'' ``Smelt dissolving tanks,'' and
``Soda recovery furnace'';
0
c. Removing the definition for ``Startup''; and
0
d. Revising the definition for ``Total hydrocarbons (THC).''
    The revisions read as follows:

Sec.  63.861  Definitions.

* * * * *
    Hazardous air pollutants (HAP) metals means the sum of all
emissions of antimony, arsenic, beryllium, cadmium, chromium, cobalt,
lead, manganese, mercury, nickel, and selenium as measured by EPA
Method 29 (40 CFR part 60, appendix A-8).
    Hog fuel dryer means the equipment that combusts fine particles of
wood waste (hog fuel) in a fluidized bed and directs the heated exhaust
stream to a rotary dryer containing wet hog fuel to be dried prior to
combustion in the hog fuel boiler at Cosmo Specialty Fibers'
Cosmopolis, Washington facility. The hog fuel dryer at Cosmo Specialty
Fibers' Cosmopolis, Washington facility is Emission Unit no. HD-14.
* * * * *
    Kraft recovery furnace means a recovery furnace that is used to
burn black liquor produced by the kraft pulping process, as well as any
recovery furnace that burns black liquor produced from both the kraft
and semichemical pulping processes, and includes the direct contact
evaporator, if applicable.
* * * * *
    Modification means, for the purposes of Sec.
63.862(a)(1)(ii)(E)(1), any physical change (excluding any routine part
replacement or maintenance) or operational change that is made to the
air pollution control device that could result in an increase in PM
emissions.
* * * * *
    Particulate matter (PM) means total filterable particulate matter
as measured by EPA Method 5 (40 CFR part 60, appendix A-3), EPA Method
17 (Sec.  63.865(b)(1)) (40 CFR part 60, appendix A-6), or EPA Method
29 (40 CFR part 60, appendix A-8).
* * * * *
    Recovery furnace means an enclosed combustion device where
concentrated black liquor produced by the kraft or soda pulping process
is burned to recover pulping chemicals and produce steam.
* * * * *
    Semichemical combustion unit means any equipment used to combust or
pyrolyze black liquor at stand-alone semichemical pulp mills for the
purpose of chemical recovery.
* * * * *
    Smelt dissolving tank (SDT) means a vessel used for dissolving the
smelt collected from a kraft or soda recovery furnace.
* * * * *
    Soda recovery furnace means a recovery furnace used to burn black
liquor produced by the soda pulping process and includes the direct
contact evaporator, if applicable.
* * * * *
    Total hydrocarbons (THC) means the sum of organic compounds
measured as carbon using EPA Method 25A (40 CFR part 60, appendix A-7).

0
5. Section 63.862 is amended by revising paragraphs (c)(1) and (d) to
read as follows:

Sec.  63.862  Standards.

* * * * *
    (c) Standards for gaseous organic HAP. (1) The owner or operator of
any new recovery furnace at a kraft or soda pulp mill must ensure that
the concentration of gaseous organic HAP, as measured by methanol,
discharged to the atmosphere is no greater than 0.012 kg/Mg (0.025 lb/
ton) of black liquor solids fired.
* * * * *
    (d) Alternative standard. As an alternative to meeting the
requirements of paragraph (a)(2) of this section, the owner or operator
of the existing hog fuel dryer at Cosmo Specialty Fibers' Cosmopolis,
Washington facility (Emission Unit no. HD-14) must ensure that the mass
of PM in the exhaust gases discharged to the atmosphere from the hog
fuel dryer is less than or equal to 4.535 kilograms per hour (kg/hr)
(10.0 pounds per hour (lb/hr)).

0
6. Section 63.863 is amended by revising paragraphs (a) and (c) to read
as follows:

Sec.  63.863  Compliance dates.

    (a) The owner or operator of an existing affected source or process
unit must comply with the requirements in

this subpart no later than March 13, 2004, except as noted in paragraph
(c) of this section.
* * * * *
    (c) The owner or operator of an existing source or process unit
must comply with the revised requirements published on October 11, 2017
no later than October 11, 2019, with the exception of the following:
    (1) The first of the 5-year periodic performance tests must be
conducted by October 13, 2020, and thereafter within 5 years following
the previous performance test; and
    (2) The date to submit performance test data through the CEDRI is
within 60 days after the date of completing each performance test.

0
7. Section 63.864 is amended by:
0
a. Revising the introductory text of paragraph (d) and paragraph
(d)(4);
0
b. Adding paragraphs (e)(1) and (2);
0
c. Revising paragraphs (e)(10)(i) and (ii);
0
d. Adding paragraph (e)(10)(iii);
0
e. Revising the introductory text of paragraph (e)(12) and paragraphs
(e)(12)(i), (ix), and (x);
0
f. Revising paragraphs (e)(13) and (14);
0
g. Adding paragraph (f);
0
h. Revising paragraph (g);
0
i. Adding paragraph (h); and
0
j. Revising paragraphs (j) and (k).
    The revisions and additions read as follows:

Sec.  63.864  Monitoring requirements.

* * * * *
    (d) Continuous opacity monitoring system (COMS). The owner or
operator of each affected kraft or soda recovery furnace or lime kiln
equipped with an ESP must install, calibrate, maintain, and operate a
COMS in accordance with Performance Specification 1 (PS-1) in appendix
B to 40 CFR part 60 and the provisions in Sec. Sec.  63.6(h) and 63.8
and paragraphs (d)(3) and (4) of this section.
* * * * *
    (4) As specified in Sec.  63.8(g)(2), each 6-minute COMS data
average must be calculated as the average of 36 or more data points,
equally spaced over each 6-minute period.
    (e) * * *
    (1) For any kraft or soda recovery furnace or lime kiln using an
ESP emission control device, the owner or operator must maintain proper
operation of the ESP's automatic voltage control (AVC).
    (2) For any kraft or soda recovery furnace or lime kiln using an
ESP followed by a wet scrubber, the owner or operator must follow the
parameter monitoring requirements specified in paragraphs (e)(1) and
(10) of this section. The opacity monitoring system specified in
paragraph (d) of this section is not required for combination ESP/wet
scrubber control device systems.
* * * * *
    (10) * * *
    (i) A monitoring device used for the continuous measurement of the
pressure drop of the gas stream across the scrubber must be certified
by the manufacturer to be accurate to within a gage pressure of 500 pascals (2 inches of water gage pressure); and
    (ii) A monitoring device used for continuous measurement of the
scrubbing liquid flow rate must be certified by the manufacturer to be
accurate within 5 percent of the design scrubbing liquid
flow rate.
    (iii) As an alternative to pressure drop measurement under
paragraph (e)(3)(i) of this section, a monitoring device for
measurement of fan amperage may be used for smelt dissolving tank
dynamic scrubbers that operate at ambient pressure or for low-energy
entrainment scrubbers where the fan speed does not vary.
* * * * *
    (12) The owner or operator of the affected hog fuel dryer at Cosmo
Specialty Fibers' Cosmopolis, Washington facility (Emission Unit no.
HD-14) must meet the requirements in paragraphs (e)(12)(i) through (xi)
of this section for each bag leak detection system.
    (i) The owner or operator must install, calibrate, maintain, and
operate each triboelectric bag leak detection system according to EPA-
454/R-98-015, ``Fabric Filter Bag Leak Detection Guidance''
(incorporated by reference--see Sec.  63.14). The owner or operator
must install, calibrate, maintain, and operate other types of bag leak
detection systems in a manner consistent with the manufacturer's
written specifications and recommendations.
* * * * *
    (ix) The baseline output must be established by adjusting the range
and the averaging period of the device and establishing the alarm set
points and the alarm delay time according to section 5.0 of the
``Fabric Filter Bag Leak Detection Guidance'' (incorporated by
reference--see Sec.  63.14).
    (x) Following initial adjustment of the system, the sensitivity or
range, averaging period, alarm set points, or alarm delay time may not
be adjusted except as detailed in the site-specific monitoring plan. In
no case may the sensitivity be increased by more than 100 percent or
decreased more than 50 percent over a 365-day period unless such
adjustment follows a complete fabric filter inspection which
demonstrates that the fabric filter is in good operating condition, as
defined in section 5.2 of the ``Fabric Filter Bag Leak Detection
Guidance,'' (incorporated by reference--see Sec.  63.14). Record each
adjustment.
* * * * *
    (13) The owner or operator of each affected source or process unit
that uses an ESP, wet scrubber, RTO, or fabric filter may monitor
alternative control device operating parameters subject to prior
written approval by the Administrator. The request for approval must
also include the manner in which the parameter operating limit is to be
set.
    (14) The owner or operator of each affected source or process unit
that uses an air pollution control system other than an ESP, wet
scrubber, RTO, or fabric filter must provide to the Administrator an
alternative monitoring request that includes a description of the
control device, test results verifying the performance of the control
device, the appropriate operating parameters that will be monitored,
how the operating limit is to be set, and the frequency of measuring
and recording to establish continuous compliance with the standards.
The alternative monitoring request is subject to the Administrator's
approval. The owner or operator of the affected source or process unit
must install, calibrate, operate, and maintain the monitor(s) in
accordance with the alternative monitoring request approved by the
Administrator. The owner or operator must include in the information
submitted to the Administrator proposed performance specifications and
quality assurance procedures for the monitors. The Administrator may
request further information and will approve acceptable test methods
and procedures. The owner or operator must monitor the parameters as
approved by the Administrator using the methods and procedures in the
alternative monitoring request.
    (f) Data quality assurance. The owner or operator shall keep CMS
data quality assurance procedures consistent with the requirements in
Sec.  63.8(d)(1) and (2) on record for the life of the affected source
or until the affected source is no longer subject to the provisions of
this part, to be made available for inspection, upon request, by the
Administrator. If the performance evaluation plan in Sec.  63.8(d)(2)
is revised, the owner or operator shall keep previous (i.e.,
superseded) versions of the performance evaluation plan on record to be
made available for

inspection, upon request, by the Administrator, for a period of 5 years
after each revision to the plan. The program of corrective action
should be included in the plan required under Sec.  63.8(d)(2).
    (g) Gaseous organic HAP. The owner or operator of each affected
source or process unit complying with the gaseous organic HAP standard
of Sec.  63.862(c)(1) through the use of an NDCE recovery furnace
equipped with a dry ESP system is not required to conduct any
continuous monitoring to demonstrate compliance with the gaseous
organic HAP standard.
    (h) Monitoring data. As specified in Sec.  63.8(g)(5), monitoring
data recorded during periods of unavoidable CMS breakdowns, out-of-
control periods, repairs, maintenance periods, calibration checks, and
zero (low-level) and high level adjustments must not be included in any
data average computed under this subpart.
* * * * *
    (j) Determination of operating limits. (1) During the initial or
periodic performance test required in Sec.  63.865, the owner or
operator of any affected source or process unit must establish
operating limits for the monitoring parameters in paragraphs (e)(1) and
(2) and (e)(10) through (14) of this section, as appropriate; or
    (2) The owner or operator may base operating limits on values
recorded during previous performance tests or conduct additional
performance tests for the specific purpose of establishing operating
limits, provided that data used to establish the operating limits are
or have been obtained during testing that used the test methods and
procedures required in this subpart. The owner or operator of the
affected source or process unit must certify that all control
techniques and processes have not been modified subsequent to the
testing upon which the data used to establish the operating parameter
limits were obtained.
    (3) The owner or operator of an affected source or process unit may
establish expanded or replacement operating limits for the monitoring
parameters listed in paragraphs (e)(1) and (2) and (e)(10) through (14)
of this section and established in paragraph (j)(1) or (2) of this
section during subsequent performance tests using the test methods in
Sec.  63.865.
    (4) The owner or operator of the affected source or process unit
must continuously monitor each parameter and determine the arithmetic
average value of each parameter during each performance test run.
Multiple performance tests may be conducted to establish a range of
parameter values. Operating outside a previously established parameter
limit during a performance test to expand the operating limit range
does not constitute a monitoring exceedance. Operating limits must be
confirmed or reestablished during performance tests.
    (5) New, expanded, or replacement operating limits for the
monitoring parameter values listed in paragraphs (e)(1) and (2) and
(e)(10) through (14) of this section should be determined as described
in paragraphs (j)(5)(i) and (ii) of this section.
    (i) The owner or operator of an affected source or process unit
that uses a wet scrubber must set a minimum scrubber pressure drop
operating limit as the lowest of the 1-hour average pressure drop
values associated with each test run demonstrating compliance with the
applicable emission limit in Sec.  63.862.
    (A) For a smelt dissolving tank dynamic wet scrubber operating at
ambient pressure or for low-energy entrainment scrubbers where fan
speed does not vary, the minimum fan amperage operating limit must be
set as the lowest of the 1-hour average fan amperage values associated
with each test run demonstrating compliance with the applicable
emission limit in Sec.  63.862.
    (B) [Reserved]
    (ii) The owner operator of an affected source equipped with an RTO
must set the minimum operating temperature of the RTO as the lowest of
the 1-hour average temperature values associated with each test run
demonstrating compliance with the applicable emission limit in Sec.
63.862.
    (k) On-going compliance provisions. (1) Following the compliance
date, owners or operators of all affected sources or process units are
required to implement corrective action if the monitoring exceedances
in paragraphs (k)(1)(i) through (vii) of this section occur during
times when spent pulping liquor or lime mud is fed (as applicable).
Corrective action can include completion of transient startup and
shutdown conditions as expediently as possible.
    (i) For a new or existing kraft or soda recovery furnace or lime
kiln equipped with an ESP, when the average of ten consecutive 6-minute
averages result in a measurement greater than 20 percent opacity;
    (ii) For a new or existing kraft or soda recovery furnace, kraft or
soda smelt dissolving tank, kraft or soda lime kiln, or sulfite
combustion unit equipped with a wet scrubber, when any 3-hour average
parameter value is below the minimum operating limit established in
paragraph (j) of this section, with the exception of pressure drop
during periods of startup and shutdown;
    (iii) For a new or existing kraft or soda recovery furnace or lime
kiln equipped with an ESP followed by a wet scrubber, when any 3-hour
average scrubber parameter value is below the minimum operating limit
established in paragraph (j) of this section, with the exception of
pressure drop during periods of startup and shutdown;
    (iv) For a new or existing semichemical combustion unit equipped
with an RTO, when any 1-hour average temperature falls below the
minimum temperature operating limit established in paragraph (j) of
this section;
    (v) For the hog fuel dryer at Cosmo Specialty Fibers' Cosmopolis,
Washington facility (Emission Unit no. HD-14), when the bag leak
detection system alarm sounds;
    (vi) For an affected source or process unit equipped with an ESP,
wet scrubber, RTO, or fabric filter and monitoring alternative
operating parameters established in paragraph (e)(13) of this section,
when any 3-hour average value does not meet the operating limit
established in paragraph (j) of this section; and
    (vii) For an affected source or process unit equipped with an
alternative air pollution control system and monitoring operating
parameters approved by the Administrator as established in paragraph
(e)(14) of this section, when any 3-hour average value does not meet
the operating limit established in paragraph (j) of this section.
    (2) Following the compliance date, owners or operators of all
affected sources or process units are in violation of the standards of
Sec.  63.862 if the monitoring exceedances in paragraphs (k)(2)(i)
through (ix) of this section occur during times when spent pulping
liquor or lime mud is fed (as applicable):
    (i) For an existing kraft or soda recovery furnace equipped with an
ESP, when opacity is greater than 35 percent for 2 percent or more of
the operating time within any semiannual period;
    (ii) For a new kraft or soda recovery furnace equipped with an ESP,
when opacity is greater than 20 percent for 2 percent or more of the
operating time within any semiannual period;
    (iii) For a new or existing kraft or soda lime kiln equipped with
an ESP, when opacity is greater than 20 percent for 3 percent or more
of the operating time within any semiannual period;

    (iv) For a new or existing kraft or soda recovery furnace, kraft or
soda smelt dissolving tank, kraft or soda lime kiln, or sulfite
combustion unit equipped with a wet scrubber, when six or more 3-hour
average parameter values within any 6-month reporting period are below
the minimum operating limits established in paragraph (j) of this
section, with the exception of pressure drop during periods of startup
and shutdown;
    (v) For a new or existing kraft or soda recovery furnace or lime
kiln equipped with an ESP followed by a wet scrubber, when six or more
3-hour average scrubber parameter values within any 6-month reporting
period are outside the range of values established in paragraph (j) of
this section, with the exception of pressure drop during periods of
startup and shutdown;
    (vi) For a new or existing semichemical combustion unit equipped
with an RTO, when any 3-hour average temperature falls below the
temperature established in paragraph (j) of this section;
    (vii) For the hog fuel dryer at Cosmo Specialty Fibers' Cosmopolis,
Washington facility (Emission Unit no. HD-14), when corrective action
is not initiated within 1 hour of a bag leak detection system alarm and
the alarm is engaged for more than 5 percent of the total operating
time in a 6-month block reporting period. In calculating the operating
time fraction, if inspection of the fabric filter demonstrates that no
corrective action is required, no alarm time is counted; if corrective
action is required, each alarm is counted as a minimum of 1 hour; if
corrective action is not initiated within 1 hour, the alarm time is
counted as the actual amount of time taken to initiate corrective
action;
    (viii) For an affected source or process unit equipped with an ESP,
wet scrubber, RTO, or fabric filter and monitoring alternative
operating parameters established in paragraph (e)(13) of this section,
when six or more 3-hour average values within any 6-month reporting
period do not meet the operating limits established in paragraph (j) of
this section; and
    (ix) For an affected source or process unit equipped with an
alternative air pollution control system and monitoring operating
parameters approved by the Administrator as established in paragraph
(e)(14) of this section, when six or more 3-hour average values within
any 6-month reporting period do not meet the operating limits
established in paragraph (j) of this section.
    (3) For purposes of determining the number of nonopacity monitoring
exceedances, no more than one exceedance will be attributed in any
given 24-hour period.

0
8. Section 63.865 is amended by revising the introductory text and
paragraphs (b)(1) through (5), (c)(1), and the introductory text of
paragraph (d) to read as follows:

Sec.  63.865  Performance test requirements and test methods.

    The owner or operator of each affected source or process unit
subject to the requirements of this subpart is required to conduct an
initial performance test and periodic performance tests using the test
methods and procedures listed in Sec.  63.7 and paragraph (b) of this
section. The owner or operator must conduct the first of the periodic
performance tests within 3 years of the effective date of the revised
standards and thereafter within 5 years following the previous
performance test. Performance tests shall be conducted based on
representative performance (i.e., performance based on normal operating
conditions) of the affected source for the period being tested.
Representative conditions exclude periods of startup and shutdown. The
owner or operator may not conduct performance tests during periods of
malfunction. The owner or operator must record the process information
that is necessary to document operating conditions during the test and
include in such record an explanation to support that such conditions
represent normal operation. Upon request, the owner or operator shall
make available to the Administrator such records as may be necessary to
determine the conditions of performance tests.
* * * * *
    (b) * * *
    (1) For purposes of determining the concentration or mass of PM
emitted from each kraft or soda recovery furnace, sulfite combustion
unit, smelt dissolving tank, lime kiln, or the hog fuel dryer at Cosmo
Specialty Fibers' Cosmopolis, Washington facility (Emission Unit no.
HD-14), Method 5 in appendix A-3 of 40 CFR part 60 or Method 29 in
appendix A-8 of 40 CFR part 60 must be used, except that Method 17 in
appendix A-6 of 40 CFR part 60 may be used in lieu of Method 5 or
Method 29 if a constant value of 0.009 g/dscm (0.004 gr/dscf) is added
to the results of Method 17, and the stack temperature is no greater
than 205 [deg]C (400[emsp14] [deg]F). For Methods 5, 29, and 17, the
sampling time and sample volume for each run must be at least 60
minutes and 0.90 dscm (31.8 dscf), and water must be used as the
cleanup solvent instead of acetone in the sample recovery procedure.
    (2) For sources complying with Sec.  63.862(a) or (b), the PM
concentration must be corrected to the appropriate oxygen concentration
using Equation 7 of this section as follows:
[GRAPHIC] [TIFF OMITTED] TR11OC17.004

Where:

Ccorr = the measured concentration corrected for oxygen,
g/dscm (gr/dscf);
Cmeas = the measured concentration uncorrected for
oxygen, g/dscm (gr/dscf);
X = the corrected volumetric oxygen concentration (8 percent for
kraft or soda recovery furnaces and sulfite combustion units and 10
percent for kraft or soda lime kilns); and
Y = the measured average volumetric oxygen concentration.

    (3) Method 3A or 3B in appendix A-2 of 40 CFR part 60 must be used
to determine the oxygen concentration. The voluntary consensus standard
ANSI/ASME PTC 19.10-1981--Part 10 (incorporated by reference--see Sec.
63.14) may be used as an alternative to using Method 3B. The gas sample
must be taken at the same time and at the same traverse points as the
particulate sample.
    (4) For purposes of complying with Sec.  63.862(a)(1)(ii)(A), the
volumetric gas flow rate must be corrected to the appropriate oxygen
concentration using Equation 8 of this section as follows:
[GRAPHIC] [TIFF OMITTED] TR11OC17.005

Where:

Qcorr = the measured volumetric gas flow rate corrected
for oxygen, dscm/min (dscf/min).
Qmeas = the measured volumetric gas flow rate uncorrected
for oxygen, dscm/min (dscf/min).
Y = the measured average volumetric oxygen concentration.
X = the corrected volumetric oxygen concentration (8 percent for
kraft or soda recovery furnaces and 10 percent for kraft or soda
lime kilns).

    (5)(i) For purposes of selecting sampling port location and number
of traverse points, Method 1 or 1A in appendix A-1 of 40 CFR part 60
must be used;
    (ii) For purposes of determining stack gas velocity and volumetric
flow rate, Method 2, 2A, 2C, 2D, or 2F in appendix A-1 of 40 CFR part
60 or Method 2G in appendix A-2 of 40 CFR part 60 must be used;
    (iii) For purposes of conducting gas analysis, Method 3, 3A, or 3B
in appendix A-2 of 40 CFR part 60 must be used. The voluntary consensus
standard ANSI/ASME PTC 19.10-1981--Part 10 (incorporated by reference--
see Sec.  63.14) may be used as an alternative to using Method 3B; and
    (iv) For purposes of determining moisture content of stack gas,
Method 4 in appendix A-3 of 40 CFR part 60 must be used.
* * * * *
    (c) * * *
    (1) The owner or operator complying through the use of an NDCE
recovery furnace equipped with a dry ESP system is required to conduct
periodic performance testing using Method 308 in appendix A of this
part, as well as the methods listed in paragraphs (b)(5)(i) through
(iv) of this section to demonstrate compliance with the gaseous organic
HAP standard. The requirements and equations in paragraph (c)(2) of
this section must be met and utilized, respectively.
* * * * *
    (d) The owner or operator seeking to determine compliance with the
gaseous organic HAP standards in Sec.  63.862(c)(2) for semichemical
combustion units must use Method 25A in appendix A-7 of 40 CFR part 60,
as well as the methods listed in paragraphs (b)(5)(i) through (iv) of
this section. The sampling time for each Method 25A run must be at
least 60 minutes. The calibration gas for each Method 25A run must be
propane.
* * * * *

0
9. Section 63.866 is amended by removing and reserving paragraph (a)
and revising paragraphs (c) and (d) to read as follows:

Sec.  63.866  Recordkeeping requirements.

* * * * *
    (c) In addition to the general records required by Sec.
63.10(b)(2)(iii) and (vi) through (xiv), the owner or operator must
maintain records of the information in paragraphs (c)(1) through (8) of
this section:
    (1) Records of black liquor solids firing rates in units of Mg/d or
ton/d for all recovery furnaces and semichemical combustion units;
    (2) Records of CaO production rates in units of Mg/d or ton/d for
all lime kilns;
    (3) Records of parameter monitoring data required under Sec.
63.864, including any period when the operating parameter levels were
inconsistent with the levels established during the performance test,
with a brief explanation of the cause of the monitoring exceedance, the
time the monitoring exceedance occurred, the time corrective action was
initiated and completed, and the corrective action taken;
    (4) Records and documentation of supporting calculations for
compliance determinations made under Sec.  63.865(a) through (d);
    (5) Records of parameter operating limits established for each
affected source or process unit;
    (6) Records certifying that an NDCE recovery furnace equipped with
a dry ESP system is used to comply with the gaseous organic HAP
standard in Sec.  63.862(c)(1);
    (7) For the bag leak detection system on the hog fuel dryer fabric
filter at Cosmo Specialty Fibers' Cosmopolis, Washington facility
(Emission Unit no. HD-14), records of each alarm, the time of the
alarm, the time corrective action was initiated and completed, and a
brief description of the cause of the alarm and the corrective action
taken; and
    (8) Records demonstrating compliance with the requirement in Sec.
63.864(e)(1) to maintain proper operation of an ESP's AVC.
    (d)(1) In the event that an affected unit fails to meet an
applicable standard, including any emission limit in Sec.  63.862 or
any opacity or CPMS operating limit in Sec.  63.864, record the number
of failures. For each failure record the date, start time, and duration
of each failure.
    (2) For each failure to meet an applicable standard, record and
retain a list of the affected sources or equipment, and the following
information:
    (i) For any failure to meet an emission limit in Sec.  63.862,
record an estimate of the quantity of each regulated pollutant emitted
over the emission limit and a description of the method used to
estimate the emissions.
    (ii) For each failure to meet an operating limit in Sec.  63.864,
maintain sufficient information to estimate the quantity of each
regulated pollutant emitted over the emission limit. This information
must be sufficient to provide a reliable emissions estimate if
requested by the Administrator.
    (3) Record actions taken to minimize emissions in accordance with
Sec.  63.860(d) and any corrective actions taken to return the affected
unit to its normal or usual manner of operation.

0
10. Section 63.867 is amended by:
0
a. Removing and reserving paragraph (a)(2);
0
b. Revising paragraph (a)(3);
0
c. Revising paragraph (c); and
0
d. Adding paragraph (d).
    The revisions and additions read as follows:

Sec.  63.867  Reporting requirements.

    (a) * * *
    (3) In addition to the requirements in subpart A of this part, the
owner or operator of the hog fuel dryer at Cosmo Specialty Fibers'
Cosmopolis, Washington, facility (Emission Unit no. HD-14) must include
analysis and supporting documentation demonstrating conformance with
EPA guidance and specifications for bag leak detection systems in Sec.
63.864(e)(12) in the Notification of Compliance Status.
* * * * *
    (c) Excess emissions report. The owner or operator must submit
semiannual excess emissions reports containing the information
specified in paragraphs (c)(1) through (5) of this section. The owner
or operator must submit semiannual excess emission reports and summary
reports following the procedure specified in paragraph (d)(2) of this
section as specified in Sec.  63.10(e)(3)(v).
    (1) If the total duration of excess emissions or process control
system parameter exceedances for the reporting period is less than 1
percent of the total reporting period operating time, and CMS downtime
is less than 5 percent of the total reporting period operating time,
only the summary report is required to be submitted. This report will
be titled ``Summary Report--Gaseous and Opacity Excess Emissions and
Continuous Monitoring System Performance'' and must contain the
information specified in paragraphs (c)(1)(i) through (x) of this
section.
    (i) The company name and address and name of the affected facility.
    (ii) Beginning and ending dates of the reporting period.
    (iii) An identification of each process unit with the corresponding
air

pollution control device, being included in the semiannual report,
including the pollutants monitored at each process unit, and the total
operating time for each process unit.
    (iv) An identification of the applicable emission limits, operating
parameter limits, and averaging times.
    (v) An identification of the monitoring equipment used for each
process unit and the corresponding model number.
    (vi) Date of the last CMS certification or audit.
    (vii) An emission data summary, including the total duration of
excess emissions (recorded in minutes for opacity and hours for gases),
the duration of excess emissions expressed as a percent of operating
time, the number of averaging periods recorded as excess emissions, and
reason for the excess emissions (e.g., startup/shutdown, control
equipment problems, other known reasons, or other unknown reasons).
    (viii) A CMS performance summary, including the total duration of
CMS downtime during the reporting period (recorded in minutes for
opacity and hours for gases), the total duration of CMS downtime
expressed as a percent of the total source operating time during that
reporting period, and a breakdown of the total CMS downtime during the
reporting period (e.g., monitoring equipment malfunction, non-
monitoring equipment malfunction, quality assurance, quality control
calibrations, other known causes, or other unknown causes).
    (ix) A description of changes to CMS, processes, or controls since
last reporting period.
    (x) A certification by a certifying official of truth, accuracy and
completeness. This will state that, based on information and belief
formed after reasonable inquiry, the statements and information in the
document are true, accurate, and complete.
    (2) [Reserved]
    (3) If measured parameters meet any of the conditions specified in
Sec.  63.864(k)(1) or (2), the owner or operator of the affected source
must submit a semiannual report describing the excess emissions that
occurred. If the total duration of monitoring exceedances for the
reporting period is 1 percent or greater of the total reporting period
operating time, or the total CMS downtime for the reporting period is 5
percent or greater of the total reporting period operating time, or any
violations according to Sec.  63.864(k)(2) occurred, information from
both the summary report and the excess emissions and continuous
monitoring system performance report must be submitted. This report
will be titled ``Excess Emissions and Continuous Monitoring System
Performance Report'' and must contain the information specified in
paragraphs (c)(1)(i) through (x) of this section, in addition to the
information required in Sec.  63.10(c)(5) through (14), as specified in
paragraphs (c)(3)(i) through (vi) of this section. Reporting monitoring
exceedances does not constitute a violation of the applicable standard
unless the violation criteria in Sec.  63.864(k)(2) and (3) are
reached.
    (i) An identification of the date and time identifying each period
during which the CMS was inoperative except for zero (low-level) and
high-level checks.
    (ii) An identification of the date and time identifying each period
during which the CMS was out of control, as defined in Sec.
63.8(c)(7).
    (iii) The specific identification of each period of excess
emissions and parameter monitoring exceedances as described in
paragraphs (c)(3)(iii)(A) through (E) of this section.
    (A) For opacity:
    (1) The total number of 6-minute averages in the reporting period
(excluding process unit downtime).
    (2) [Reserved]
    (3) The number of 6-minute averages in the reporting period that
exceeded the relevant opacity limit.
    (4) The percent of 6-minute averages in the reporting period that
exceed the relevant opacity limit.
    (5) An identification of each exceedance by start and end time,
date, and cause of exceedance (including startup/shutdown, control
equipment problems, process problems, other known causes, or other
unknown causes).
    (B) [Reserved]
    (C) For wet scrubber operating parameters:
    (1) The operating limits established during the performance test
for scrubbing liquid flow rate and pressure drop across the scrubber
(or fan amperage if used for smelt dissolving tank scrubbers).
    (2) The number of 3-hour wet scrubber parameter averages below the
minimum operating limit established during the performance test, if
applicable.
    (3) An identification of each exceedance by start and end time,
date, and cause of exceedance (including startup/shutdown, control
equipment problems, process problems, other known causes, or other
unknown causes).
    (D) For RTO operating temperature:
    (1) The operating limit established during the performance test.
    (2) The number of 1-hour and 3-hour temperature averages below the
minimum operating limit established during the performance test.
    (3) An identification of each exceedance by start and end time,
date, and cause of exceedance including startup/shutdown, control
equipment problems, process problems, other known causes, or other
unknown causes).
    (E) For alternative parameters established according to Sec.
63.864(e)(13) or (14) subject to the requirements of Sec.  63.864(k)(1)
and (2):
    (1) The type of operating parameters monitored for compliance.
    (2) The operating limits established during the performance test.
    (3) The number of 3-hour parameter averages outside of the
operating limits established during the performance test.
    (4) An identification of each exceedance by start and end time,
date, and cause of exceedance including startup/shutdown, control
equipment problems, process problems, other known causes, or other
unknown causes).
    (iv) The nature and cause of the event (if known).
    (v) The corrective action taken or preventative measures adopted.
    (vi) The nature of repairs and adjustments to the CMS that was
inoperative or out of control.
    (4) If a source fails to meet an applicable standard, including any
emission limit in Sec.  63.862 or any opacity or CPMS operating limit
in Sec.  63.864, report such events in the semiannual excess emissions
report. Report the number of failures to meet an applicable standard.
For each instance, report the date, time and duration of each failure.
For each failure, the report must include a list of the affected
sources or equipment, and for any failure to meet an emission limit
under Sec.  63.862, provide an estimate of the quantity of each
regulated pollutant emitted over the emission limit, and a description
of the method used to estimate the emissions.
    (5) The owner or operator of an affected source or process unit
subject to the requirements of this subpart and subpart S of this part
may combine excess emissions and/or summary reports for the mill.
    (d) Electronic reporting. (1) Within 60 days after the date of
completing each performance test (as defined in Sec.  63.2) required by
this subpart, the owner or operator must submit the results of the
performance test following the procedure specified in either paragraph
(d)(1)(i) or (ii) of this section.

    (i) For data collected using test methods supported by the EPA's
Electronic Reporting Tool (ERT) as listed on the EPA's ERT Web site
(https://www.epa.gov/electronic-reporting-air-emissions/electronic-reporting-tool-ert) at the time of the test, the owner or operator must
submit the results of the performance test to the EPA via the
Compliance and Emissions Data Reporting Interface (CEDRI). (CEDRI can
be accessed through the EPA's Central Data Exchange (CDX) (https://cdx.epa.gov/).) Performance test data must be submitted in a file
format generated through the use of the EPA's ERT or an alternate
electronic file format consistent with the extensible markup language
(XML) schema listed on the EPA's ERT Web site. If the owner or operator
claims that some of the performance test information being submitted is
confidential business information (CBI), the owner or operator must
submit a complete file generated through the use of the EPA's ERT or an
alternate electronic file consistent with the XML schema listed on the
EPA's ERT Web site, including information claimed to be CBI, on a
compact disc, flash drive, or other commonly used electronic storage
media to the EPA. The electronic media must be clearly marked as CBI
and mailed to U.S. EPA/OAPQS/CORE CBI Office, Attention: Group Leader,
Measurement Policy Group, MD C404-02, 4930 Old Page Rd., Durham, NC
27703. The same ERT or alternate file with the CBI omitted must be
submitted to the EPA via the EPA's CDX as described earlier in this
paragraph (d)(1)(i).
    (ii) For data collected using test methods that are not supported
by the EPA's ERT as listed on the EPA's ERT Web site at the time of the
test, the owner or operator must submit the results of the performance
test to the Administrator at the appropriate address listed in Sec.
63.13 unless the Administrator agrees to or specifies an alternative
reporting method.
    (2) The owner or operator must submit the notifications required in
Sec.  63.9(b) and Sec.  63.9(h) (including any information specified in
Sec.  63.867(b)) and semiannual reports to the EPA via the CEDRI.
(CEDRI can be accessed through the EPA's CDX (https://cdx.epa.gov).)
You must upload an electronic copy of each notification in CEDRI
beginning with any notification specified in this paragraph that is
required after October 11, 2019. The owner or operator must use the
appropriate electronic report in CEDRI for this subpart listed on the
CEDRI Web site (https://www.epa.gov/electronic-reporting-air-emissions/compliance-and-emissions-data-reporting-interface-cedri) for semiannual
reports. If the reporting form specific to this subpart is not
available in CEDRI at the time that the report is due, you must submit
the report to the Administrator at all the appropriate addresses listed
in Sec.  63.13. Once the form has been available in CEDRI for 1 year,
you must begin submitting all subsequent reports via CEDRI. The reports
must be submitted by the deadlines specified in this subpart,
regardless of the method in which the reports are submitted.
    (3) If you are required to electronically submit a report through
CEDRI in the EPA's CDX, and due to a planned or actual outage of either
the EPA's CEDRI or CDX systems within the period of time beginning 5
business days prior to the date that the submission is due, you will be
or are precluded from accessing CEDRI or CDX and submitting a required
report within the time prescribed, you may assert a claim of EPA system
outage for failure to timely comply with the reporting requirement. You
must submit notification to the Administrator in writing as soon as
possible following the date you first knew, or through due diligence
should have known, that the event may cause or caused a delay in
reporting. You must provide to the Administrator a written description
identifying the date, time and length of the outage; a rationale for
attributing the delay in reporting beyond the regulatory deadline to
the EPA system outage; describe the measures taken or to be taken to
minimize the delay in reporting; and identify a date by which you
propose to report, or if you have already met the reporting requirement
at the time of the notification, the date you reported. In any
circumstance, the report must be submitted electronically as soon as
possible after the outage is resolved. The decision to accept the claim
of EPA system outage and allow an extension to the reporting deadline
is solely within the discretion of the Administrator.
    (4) If you are required to electronically submit a report through
CEDRI in the EPA's CDX and a force majeure event is about to occur,
occurs, or has occurred or there are lingering effects from such an
event within the period of time beginning 5 business days prior to the
date the submission is due, the owner or operator may assert a claim of
force majeure for failure to timely comply with the reporting
requirement. For the purposes of this section, a force majeure event is
defined as an event that will be or has been caused by circumstances
beyond the control of the affected facility, its contractors, or any
entity controlled by the affected facility that prevents you from
complying with the requirement to submit a report electronically within
the time period prescribed. Examples of such events are acts of nature
(e.g., hurricanes, earthquakes, or floods), acts of war or terrorism,
or equipment failure or safety hazard beyond the control of the
affected facility (e.g., large scale power outage). If you intend to
assert a claim of force majeure, you must submit notification to the
Administrator in writing as soon as possible following the date you
first knew, or through due diligence should have known, that the event
may cause or caused a delay in reporting. You must provide to the
Administrator a written description of the force majeure event and a
rationale for attributing the delay in reporting beyond the regulatory
deadline to the force majeure event; describe the measures taken or to
be taken to minimize the delay in reporting; and identify a date by
which you propose to report, or if you have already met the reporting
requirement at the time of the notification, the date you reported. In
any circumstance, the reporting must occur as soon as possible after
the force majeure event occurs. The decision to accept the claim of
force majeure and allow an extension to the reporting deadline is
solely within the discretion of the Administrator.

0
11. Section 63.868 is amended by revising paragraphs (b)(2) through (4)
to read as follows:

Sec.  63.868  Delegation of authority.

* * * * *
    (b) * * *
    (2) Approval of a major change to test method under Sec.
63.7(e)(2)(ii) and (f) and as defined in Sec.  63.90.
    (3) Approval of a major change to monitoring under Sec.  63.8(f)
and as defined in Sec.  63.90.
    (4) Approval of a major change to recordkeeping/reporting under
Sec.  63.10(f) and as defined in Sec.  63.90.

0
 12. Table 1 to Subpart MM of Part 63 is revised to read as follows:

                Table 1 to Subpart MM of Part 63--General Provisions Applicability to Subpart MM
----------------------------------------------------------------------------------------------------------------
                                        Summary of
  General provisions reference         requirements            Applies to subpart MM            Explanation
----------------------------------------------------------------------------------------------------------------
63.1(a)(1)......................  General applicability  Yes.............................  Additional terms
                                   of the General                                           defined in Sec.
                                   Provisions.                                              63.861; when overlap
                                                                                between subparts A
                                                                                and MM of this part,
                                                                                subpart MM takes
                                                                                precedence.
63.1(a)(2)-(14).................  General applicability  Yes.............................
                                   of the General
                                   Provisions.
63.1(b)(1)......................  Initial applicability  No..............................  Subpart MM specifies
                                   determination.                                           the applicability in
                                                                                Sec.   63.860.
63.1(b)(2)......................  Title V operating      Yes.............................  All major affected
                                   permit--see 40 CFR                                       sources are required
                                   part 70.                                                 to obtain a title V
                                                                                permit.
63.1(b)(3)......................  Record of the          No..............................  All affected sources
                                   applicability                                            are subject to
                                   determination.                                           subpart MM according
                                                                                to the applicability
                                                                                definition of
                                                                                subpart MM.
63.1(c)(1)......................  Applicability of       Yes.............................  Subpart MM clarifies
                                   subpart A of this                                        the applicability of
                                   part after a                                             each paragraph of
                                   relevant standard                                        subpart A of this
                                   has been set.                                            part to sources
                                                                                subject to subpart
                                                                                MM.
63.1(c)(2)......................  Title V permit         Yes.............................  All major affected
                                   requirement.                                             sources are required
                                                                                to obtain a title V
                                                                                permit. There are no
                                                                                area sources in the
                                                                                pulp and paper mill
                                                                                source category.
63.1(c)(3)......................  [Reserved]...........  No..............................
63.1(c)(4)......................  Requirements for       Yes.............................
                                   existing source that
                                   obtains an extension
                                   of compliance.
63.1(c)(5)......................  Notification           Yes.............................
                                   requirements for an
                                   area source that
                                   increases HAP
                                   emissions to major
                                   source levels.
63.1(d).........................  [Reserved]...........  No..............................
63.1(e).........................  Applicability of       Yes.............................
                                   permit program
                                   before a relevant
                                   standard has been
                                   set.
63.2............................  Definitions..........  Yes.............................  Additional terms
                                                                                defined in Sec.
                                                                                63.861; when overlap
                                                                                between subparts A
                                                                                and MM of this part
                                                                                occurs, subpart MM
                                                                                takes precedence.
63.3............................  Units and              Yes.............................
                                   abbreviations.
63.4............................  Prohibited activities  Yes.............................
                                   and circumvention.
63.5(a).........................  Construction and       Yes.............................
                                   reconstruction--appl
                                   icability.
63.5(b)(1)......................  Upon construction,     Yes.............................
                                   relevant standards
                                   for new sources.
63.5(b)(2)......................  [Reserved]...........  No..............................
63.5(b)(3)......................  New construction/      Yes.............................
                                   reconstruction.
63.5(b)(4)......................  Construction/          Yes.............................
                                   reconstruction
                                   notification.
63.5(b)(5)......................  Construction/          Yes.............................
                                   reconstruction
                                   compliance.
63.5(b)(6)......................  Equipment addition or  Yes.............................
                                   process change.
63.5(c).........................  [Reserved]...........  No..............................
63.5(d).........................  Application for        Yes.............................
                                   approval of
                                   construction/
                                   reconstruction.
63.5(e).........................  Construction/          Yes.............................
                                   reconstruction
                                   approval.
63.5(f).........................  Construction/          Yes.............................
                                   reconstruction
                                   approval based on
                                   prior State
                                   preconstruction
                                   review.
63.6(a)(1)......................  Compliance with        Yes.............................
                                   standards and
                                   maintenance
                                   requirements--applic
                                   ability.
63.6(a)(2)......................  Requirements for area  Yes.............................
                                   source that
                                   increases emissions
                                   to become major.
63.6(b).........................  Compliance dates for   Yes.............................
                                   new and
                                   reconstructed
                                   sources.
63.6(c).........................  Compliance dates for   Yes, except for sources granted   Subpart MM
                                   existing sources.      extensions under 63.863(c).       specifically
                                                                                stipulates the
                                                                                compliance schedule
                                                                                for existing
                                                                                sources.
63.6(d).........................  [Reserved]...........  No..............................
63.6(e)(1)(i)...................  General duty to        No..............................  See Sec.   63.860(d)
                                   minimize emissions.                                      for general duty
                                                                                requirement.
63.6(e)(1)(ii)..................  Requirement to         No..............................
                                   correct malfunctions
                                   ASAP.
63.6(e)(1)(iii).................  Operation and          Yes.............................
                                   maintenance
                                   requirements
                                   enforceable
                                   independent of
                                   emissions
                                   limitations.
63.6(e)(2)......................  [Reserved]...........  No..............................
63.6(e)(3)......................  Startup, shutdown,     No..............................
                                   and malfunction plan
                                   (SSMP).
63.6(f)(1)......................  Compliance with        No..............................
                                   nonopacity emissions
                                   standards except
                                   during SSM.
63.6(f)(2)-(3)..................  Methods for            Yes.............................
                                   determining
                                   compliance with
                                   nonopacity emissions
                                   standards.
63.6(g).........................  Compliance with        Yes.............................
                                   alternative
                                   nonopacity emissions
                                   standards.

63.6(h)(1)......................  Compliance with        No..............................
                                   opacity and visible
                                   emissions (VE)
                                   standards except
                                   during SSM.
63.6(h)(2)-(9)..................  Compliance with        Yes.............................  Subpart MM does not
                                   opacity and VE                                           contain any opacity
                                   standards.                                               or VE standards;
                                                                                however, Sec.
                                                                                63.864 specifies
                                                                                opacity monitoring
                                                                                requirements.
63.6(i).........................  Extension of           Yes.............................
                                   compliance with
                                   emissions standards.
63.6(j).........................  Exemption from         Yes.............................
                                   compliance with
                                   emissions standards.
63.7(a)(1)......................  Performance testing    Yes.............................
                                   requirements--applic
                                   ability.
63.7(a)(2)......................  Performance test       Yes.............................
                                   dates.
63.7(a)(3)......................  Performance test       Yes.............................
                                   requests by
                                   Administrator under
                                   CAA section 114.
63.7(a)(4)......................  Notification of delay  Yes.............................
                                   in performance
                                   testing due to force
                                   majeure.
63.7(b)(1)......................  Notification of        Yes.............................
                                   performance test.
63.7(b)(2)......................  Notification of delay  Yes.............................
                                   in conducting a
                                   scheduled
                                   performance test.
63.7(c).........................  Quality assurance      Yes.............................
                                   program.
63.7(d).........................  Performance testing    Yes.............................
                                   facilities.
63.7(e)(1)......................  Conduct of             No..............................  See Sec.   63.865.
                                   performance tests.
63.7(e)(2)-(3)..................  Conduct of             Yes.............................
                                   performance tests.
63.7(e)(4)......................  Testing under section  Yes.............................
                                   114.
63.7(f).........................  Use of an alternative  Yes.............................
                                   test method.
63.7(g).........................  Data analysis,         Yes.............................
                                   recordkeeping, and
                                   reporting.
63.7(h).........................  Waiver of performance  Yes.............................  Sec.   63.865(c)(1)
                                   tests.                                                   specifies the only
                                                                                exemption from
                                                                                performance testing
                                                                                allowed under
                                                                                subpart MM.
63.8(a)(1)......................  Monitoring             Yes.............................  See Sec.   63.864.
                                   requirements--applic
                                   ability.
63.8(a)(2)......................  Performance            Yes.............................
                                   Specifications.
63.8(a)(3)......................  [Reserved]...........  No..............................
63.8(a)(4)......................  Monitoring with        No..............................  The use of flares to
                                   flares.                                                  meet the standards
                                                                                in subpart MM is not
                                                                                anticipated.
63.8(b)(1)......................  Conduct of monitoring  Yes.............................  See Sec.   63.864.
63.8(b)(2)-(3)..................  Specific requirements  Yes.............................
                                   for installing and
                                   reporting on
                                   monitoring systems.
63.8(c)(1)......................  Operation and          Yes.............................  See Sec.   63.864.
                                   maintenance of CMS.
63.8(c)(1)(i)...................  General duty to        No..............................
                                   minimize emissions
                                   and CMS operation.
63.8(c)(1)(ii)..................  Reporting              Yes.............................
                                   requirements for SSM
                                   when action not
                                   described in SSMP.
63.8(c)(1)(iii).................  Requirement to         No..............................
                                   develop SSM plan for
                                   CMS.
63.8(c)(2)-(3)..................  Monitoring system      Yes.............................
                                   installation.
63.8(c)(4)......................  CMS requirements.....  Yes.............................
63.8(c)(5)......................  Continuous opacity     Yes.............................
                                   monitoring system
                                   (COMS) minimum
                                   procedures.
63.8(c)(6)......................  Zero and high level    Yes.............................
                                   calibration check
                                   requirements.
63.8(c)(7)-(8)..................  Out-of-control         Yes.............................
                                   periods.
63.8(d)(1)-(2)..................  CMS quality control    Yes.............................  See Sec.   63.864.
                                   program.
63.8(d)(3)......................  Written procedures     No..............................  See Sec.   63.864(f).
                                   for CMS.
63.8(e)(1)......................  Performance            Yes.............................
                                   evaluation of CMS.
63.8(e)(2)......................  Notification of        Yes.............................
                                   performance
                                   evaluation.
63.8(e)(3)......................  Submission of site-    Yes.............................
                                   specific performance
                                   evaluation test plan.
63.8(e)(4)......................  Conduct of             Yes.............................
                                   performance
                                   evaluation and
                                   performance
                                   evaluation dates.
63.8(e)(5)......................  Reporting performance  Yes.............................
                                   evaluation results.
63.8(f).........................  Use of an alternative  Yes.............................
                                   monitoring method.
63.8(g).........................  Reduction of           Yes.............................
                                   monitoring data.
63.9(a).........................  Notification           Yes.............................
                                   requirements--applic
                                   ability and general
                                   information.
63.9(b).........................  Initial notifications  Yes.............................
63.9(c).........................  Request for extension  Yes.............................
                                   of compliance.
63.9(d).........................  Notification that      Yes.............................
                                   source subject to
                                   special compliance
                                   requirements.
63.9(e).........................  Notification of        Yes.............................
                                   performance test.
63.9(f).........................  Notification of        Yes.............................  Subpart MM does not
                                   opacity and VE                                           contain any opacity
                                   observations.                                            or VE standards;
                                                                                however, Sec.
                                                                                63.864 specifies
                                                                                opacity monitoring
                                                                                requirements.

63.9(g)(1)......................  Additional             Yes.............................
                                   notification
                                   requirements for
                                   sources with CMS.
63.9(g)(2)......................  Notification of        Yes.............................  Subpart MM does not
                                   compliance with                                          contain any opacity
                                   opacity emissions                                        or VE emissions
                                   standard.                                                standards; however,
                                                                                Sec.   63.864
                                                                                specifies opacity
                                                                                monitoring
                                                                                requirements.
63.9(g)(3)......................  Notification that      Yes.............................
                                   criterion to
                                   continue use of
                                   alternative to
                                   relative accuracy
                                   testing has been
                                   exceeded.
63.9(h).........................  Notification of        Yes.............................
                                   compliance status.
63.9(i).........................  Adjustment to time     Yes.............................
                                   periods or postmark
                                   deadlines for
                                   submittal and review
                                   of required
                                   communications.
63.9(j).........................  Change in information  Yes.............................
                                   already provided.
63.10(a)........................  Recordkeeping          Yes.............................  See Sec.   63.866.
                                   requirements--applic
                                   ability and general
                                   information.
63.10(b)(1).....................  Records retention....  Yes.............................
63.10(b)(2)(i)..................  Recordkeeping of       No..............................
                                   occurrence and
                                   duration of startups
                                   and shutdowns.
63.10(b)(2)(ii).................  Recordkeeping of       No..............................  See Sec.   63.866(d)
                                   failures to meet a                                       for recordkeeping of
                                   standard.                                                (1) date, time and
                                                                                duration; (2)
                                                                                listing of affected
                                                                                source or equipment,
                                                                                and an estimate of
                                                                                the quantity of each
                                                                                regulated pollutant
                                                                                emitted over the
                                                                                standard; and (3)
                                                                                actions to minimize
                                                                                emissions and
                                                                                correct the failure.
63.10(b)(2)(iii)................  Maintenance records..  Yes.............................
63.10(b)(2)(iv)-(v).............  Actions taken to       No..............................
                                   minimize emissions
                                   during SSM.
63.10(b)(2)(vi).................  Recordkeeping for CMS  Yes.............................
                                   malfunctions.
63.10(b)(2)(vii)-(xiv)..........  Other CMS              Yes.............................
                                   requirements.
63.10(b)(3).....................  Records retention for  Yes.............................  Applicability
                                   sources not subject                                      requirements are
                                   to relevant standard.                                    given in Sec.
                                                                                63.860.
63.10(c)(1)-(14)................  Additional             Yes.............................
                                   recordkeeping
                                   requirements for
                                   sources with CMS.
63.10(c)(15)....................  Use of SSM plan......  No..............................
63.10(d)(1).....................  General reporting      Yes.............................
                                   requirements.
63.10(d)(2).....................  Reporting results of   Yes.............................
                                   performance tests.
63.10(d)(3).....................  Reporting results of   Yes.............................  Subpart MM does not
                                   opacity or VE                                            include any opacity
                                   observations.                                            or VE standards;
                                                                                however, Sec.
                                                                                63.864 specifies
                                                                                opacity monitoring
                                                                                requirements.
63.10(d)(4).....................  Progress reports.....  Yes.............................
63.10(d)(5)(i)..................  Periodic startup,      No..............................  See Sec.
                                   shutdown, and                                            63.867(c)(3) for
                                   malfunction reports.                                     malfunction
                                                                                reporting
                                                                                requirements.
63.10(d)(5)(ii).................  Immediate startup,     No..............................  See Sec.
                                   shutdown, and                                            63.867(c)(3) for
                                   malfunction reports.                                     malfunction
                                                                                reporting
                                                                                requirements.
63.10(e)(1).....................  Additional reporting   Yes.............................
                                   requirements for
                                   sources with CMS--
                                   General.
63.10(e)(2).....................  Reporting results of   Yes.............................
                                   CMS performance
                                   evaluations.
63.10(e)(3)(i)-(iv).............  Requirement to submit  No..............................  Sec.   63.867(c)(1)
                                   excess emissions and                                     and (3) require
                                   CMS performance                                          submittal of the
                                   report and/or                                            excess emissions and
                                   summary report and                                       CMS performance
                                   frequency of                                             report and/or
                                   reporting.                                               summary report on a
                                                                                semiannual basis.
63.10(e)(3)(v)..................  General content and    Yes.............................
                                   submittal dates for
                                   excess emissions and
                                   monitoring system
                                   performance reports.
63.10(e)(3)(vi).................  Specific summary       No..............................  Sec.   63.867(c)(1)
                                   report content.                                          specifies the
                                                                                summary report
                                                                                content.
63.10(e)(3)(vii)-(viii).........  Conditions for         No..............................  Sec.   63.867(c)(1)
                                   submitting summary                                       and (3) specify the
                                   report versus                                            conditions for
                                   detailed excess                                          submitting the
                                   emission report.                                         summary report or
                                                                                detailed excess
                                                                                emissions and CMS
                                                                                performance report.
63.10(e)(4).....................  Reporting continuous   Yes.............................
                                   opacity monitoring
                                   system data produced
                                   during a performance
                                   test.
63.10(f)........................  Waiver of              Yes.............................
                                   recordkeeping and
                                   reporting
                                   requirements.
63.11...........................  Control device         No..............................  The use of flares to
                                   requirements for                                         meet the standards
                                   flares.                                                  in subpart MM is not
                                                                                anticipated.
63.12...........................  State authority and    Yes.............................
                                   delegations.
63.13...........................  Addresses of State     Yes.............................
                                   air pollution
                                   control agencies and
                                   EPA Regional Offices.

63.14...........................  Incorporations by      Yes.............................
                                   reference.
63.15...........................  Availability of        Yes.............................
                                   information and
                                   confidentiality.
63.16...........................  Requirements for       Yes.............................
                                   Performance Track
                                   member facilities.
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[FR Doc. 2017-21799 Filed 10-10-17; 8:45 am]
 BILLING CODE 6560-50-P