Distillation, including Annex A1 and Appendix X1, approved June 1,
2011, IBR approved for Sec.  63.10005(i) and table 6 to subpart DDDDD.
* * * * *
    (35) ASTM D6784-02 (Reapproved 2008) Standard Test Method for
Elemental, Oxidized, Particle-Bound and Total Mercury in Flue Gas
Generated from Coal-Fired Stationary Sources (Ontario Hydro Method),
approved April 1, 2008, IBR approved for table 1 to subpart DDDDD of
this part, table 2 to subpart DDDDD of this part, table 5 to subpart
DDDDD, table 11 to subpart DDDDD of this part, table 12 to subpart
DDDDD of this part, table 13 to subpart DDDDD of this part, and table 4
to subpart JJJJJJ of this part.
* * * * *
    (40) ASTM D396-10 Standard Specification for Fuel Oils, approved
October 1, 2010, IBR approved for Sec.  63.7575 and Sec.  6311237.
* * * * *
    (46) ASTM D4606-03(2007), Standard Test Method for Determination of
Arsenic and Selenium in Coal by the Hydride Generation/Atomic
Absorption Method, approved October 1, 2007, IBR approved for table 6
to subpart DDDDD.
* * * * *
    (55) ASTM D6357-11, Test Methods for Determination of Trace
Elements in Coal, Coke, and Combustion Residues from Coal Utilization
Processes by Inductively Coupled Plasma Atomic Emission Spectrometry,
approved April 1, 2011, IBR approved for table 6 to subpart DDDDD.
* * * * *
    (69) ASTM D4057-06 (Reapproved 2011), Standard Practice for Manual
Sampling of Petroleum and Petroleum Products, including Annex A1,
approved June 1, 2011, IBR approved for Sec.  63.10005(i) and table 6
to subpart DDDDD.
    (70) ASTM D4177-95 (Reapproved 2010), Standard Practice for
Automatic Sampling of Petroleum and Petroleum Products, including
Annexes A1 through A6 and Appendices X1 and X2, approved May 1, 2010,
IBR approved for Sec.  63.10005(i) and table 6 to subpart DDDDD.
* * * * *
    (76) ASTM D6751-11b, Standard Specification for Biodiesel Fuel
Blend Stock (B100) for Middle Distillate Fuels, approved July 15, 2011,
IBR approved for Sec.  63.7575 and Sec.  63.11237.
    (77) ASTM D975-11b, Standard Specification for Diesel Fuel Oils,
approved December 1, 2011, IBR approved for Sec.  63.7575.
    (78) ASTM D5864-11 Standard Test Method for Determining Aerobic
Aquatic Biodegradation of Lubricants or Their Components, approved
March 1, 2011, IBR approved for table 6 to subpart DDDDD.
    (79) ASTM D240-09 Standard Test Method for Heat of Combustion of
Liquid Hydrocarbon Fuels by Bomb Calorimeter, approved July 1, 2009,
IBR approved for table 6 to subpart DDDDD.
    (80) ASTM D4208-02(2007) Standard Test Method for Total Chlorine in
Coal by the Oxygen Bomb Combustion/Ion Selective Electrode Method,
approved May 1, 2007, IBR approved for table 6 to subpart DDDDD.
    (81) ASTM D5192-09 Standard Practice for Collection of Coal Samples
from Core, approved June 1, 2009, IBR approved for table 6 to subpart
DDDDD.
    (82) ASTM D7430-11ae1, Standard Practice for Mechanical Sampling of
Coal, approved October 1, 2011, IBR approved for table 6 to subpart
DDDDD.
    (83) ASTM D6883-04, Standard Practice for Manual Sampling of
Stationary Coal from Railroad Cars, Barges, Trucks, or Stockpiles,
approved June 1, 2004, IBR approved for table 6 to subpart DDDDD.
* * * * *
    (p) * * *
    (12) Method 5050 (SW-846-5050), Bomb Preparation Method for Solid
Waste, Revision 0, September 1994, in EPA Publication No. SW-846, Test
Methods for Evaluating Solid Waste, Physical/Chemical Methods, Third
Edition IBR approved for table 6 to subpart DDDDD.
    (13) Method 9056 (SW-846-9056), Determination of Inorganic Anions
by Ion Chromatography, Revision 1, February 2007, in EPA Publication
No. SW-846, Test Methods for Evaluating Solid Waste, Physical/Chemical
Methods, Third Edition, IBR approved for table 6 to subpart DDDDD.
    (14) Method 9076 (SW-846-9076), Test Method for Total Chlorine in
New and Used Petroleum Products by Oxidative Combustion and
Microcoulometry, Revision 0, September 1994, in EPA Publication No. SW-
846, Test Methods for Evaluating Solid Waste, Physical/Chemical
Methods, Third Edition, IBR approved for table 6 to subpart DDDDD.
    (15) Method 1631 Revision E, Mercury in Water by Oxidation, Purge
and Trap, and Cold Vapor Atomic Absorption Fluorescence Spectrometry,
Revision E, EPA-821-R-02-019, August 2002, IBR approved for table 6 to
subpart DDDDD.
    (16) Method 200.8, Determination of Trace Elements in Waters and
Wastes by Inductively Coupled Plasma--Mass Spectrometry, Revision 5.4,
1994, IBR approved for table 6 to subpart DDDDD.
    (17) Method 6020A (SW-846-6020A), Inductively Coupled Plasma-Mass
Spectrometry, Revision 1, February 2007, in EPA Publication No. SW-846,
Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,

Third Edition, IBR approved for table 6 to subpart DDDDD.
    (18) Method 6010C (SW-846-6010C), Inductively Coupled Plasma-Atomic
Emission Spectrometry, Revision 3, February 2007, in EPA Publication
No. SW-846, Test Methods for Evaluating Solid Waste, Physical/Chemical
Methods, Third Edition, IBR approved for table 6 to subpart DDDDD.
    (19) Method 7060A (SW-846-7060A), Arsenic (Atomic Absorption,
Furnace Technique), Revision 1, September 1994, in EPA Publication No.
SW-846, Test Methods for Evaluating Solid Waste, Physical/Chemical
Methods, Third Edition, IBR approved for table 6 to subpart DDDDD.
    (20) Method 7740 (SW-846-7740), Selenium (Atomic Absorption,
Furnace Technique), Revision 0, September 1986, in EPA Publication No.
SW-846, Test Methods for Evaluating Solid Waste, Physical/Chemical
Methods, Third Edition, IBR approved for table 6 to subpart DDDDD.
* * * * *
    (r) The following material is available for purchase from the
Technical Association of the Pulp and Paper Industry (TAPPI), 15
Technology Parkway South, Norcross, GA 30092,<PHONE_NUMBER>, http://www.tappi.org.
    (1) TAPPI T 266, Determination of Sodium, Calcium, Copper, Iron,
and Manganese in Pulp and Paper by Atomic Absorption Spectroscopy
(Reaffirmation of T 266 om-02), Draft No. 2, July 2006, IBR approved
for table 6 to subpart DDDDD.
    (2) [Reserved]

Subpart JJJJJJ--[AMENDED]

0
3. Section 63.11194 is amended by revising paragraphs (a)(1), (c) and
(d), by redesignating paragraph (e) as paragraph (f) and by adding new
paragraph (e) to read as follows:

Sec.  63.11194  What is the affected source of this subpart?

    (a) * * *
    (1) The affected source of this subpart is the collection of all
existing industrial, commercial, and institutional boilers within a
subcategory, as listed in Sec.  63.11200 and defined in Sec.  63.11237,
located at an area source.
* * * * *
    (c) An affected source is a new source if you commenced
construction of the affected source after June 4, 2010, and the boiler
meets the applicability criteria at the time you commence construction.
    (d) An affected source is a reconstructed source if the boiler
meets the reconstruction criteria as defined in Sec.  63.2, you
commenced reconstruction after June 4, 2010, and the boiler meets the
applicability criteria at the time you commence reconstruction.
    (e) An existing dual-fuel fired boiler meeting the definition of
gas-fired boiler, as defined in Sec.  63.11237, that meets the
applicability requirements of this subpart after June 4, 2010 due to a
fuel switch from gaseous fuel to solid fossil fuel, biomass, or liquid
fuel is considered to be an existing source under this subpart as long
as the boiler was designed to accommodate the alternate fuel.
* * * * *

0
4. Section 63.11195 is amended by revising the introductory text and
paragraphs (c) and (g) and by adding paragraphs (h) through (k) to read
as follows:

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

    The types of boilers listed in paragraphs (a) through (k) of this
section are not subject to this subpart and to any requirements in this
subpart.
* * * * *
    (c) A boiler required to have a permit under section 3005 of the
Solid Waste Disposal Act or covered by subpart EEE of this part (e.g.,
hazardous waste boilers), unless such units do not combust hazardous
waste and combust comparable fuels.
* * * * *
    (g) Any boiler that is used as a control device to comply with
another subpart of this part, or part 60, part 61, or part 65 of this
chapter provided that at least 50 percent of the average annual heat
input during any 3 consecutive calendar years to the boiler is provided
by regulated gas streams that are subject to another standard.
    (h) Temporary boilers as defined in this subpart.
    (i) Residential boilers as defined in this subpart.
    (j) Electric boilers as defined in this subpart.
    (k) An electric utility steam generating unit (EGU) covered by
subpart UUUUU of this part.

0
5. Section 63.11196 is amended by revising paragraphs (a)(1) and (d) to
read as follows:

Sec.  63.11196  What are my compliance dates?

    (a) * * *
    (1) If the existing affected boiler is subject to a work practice
or management practice standard of a tune-up, you must achieve
compliance with the work practice or management practice standard no
later than March 21, 2014.
* * * * *
    (d) If you own or operate an industrial, commercial, or
institutional boiler and would be subject to this subpart except for
the exemption in Sec.  63.11195(b) for commercial and industrial solid
waste incineration units covered by 40 CFR part 60, subpart CCCC or
subpart DDDD, and you cease combusting solid waste, you must be in
compliance with this subpart on the effective date of the waste to fuel
switch as specified in Sec.  60.2145(a)(2) and (3) of subpart CCCC or
Sec.  60.2710(a)(2) and (3) of subpart DDDD.

0
6. Section 63.11200 is revised to read as follows:

Sec.  63.11200  What are the subcategories of boilers?

    The subcategories of boilers, as defined in Sec.  63.11237 are:
    (a) Coal.
    (b) Biomass.
    (c) Oil.
    (d) Seasonal boilers.
    (e) Oil-fired boilers with heat input capacity of equal to or less
than 5 million British thermal units (Btu) per hour.
    (f) Boilers with an oxygen trim system that maintains an optimum
air-to-fuel ratio that would otherwise be subject to a biennial tune-
up.
    (g) Limited-use boilers.

0
7. Section 63.11201 is amended by revising paragraphs (b) and (d) to
read as follows:

Sec.  63.11201  What standards must I meet?

* * * * *
    (b) You must comply with each work practice standard, emission
reduction measure, and management practice specified in Table 2 to this
subpart that applies to your boiler. An energy assessment completed on
or after January 1, 2008 that meets or is amended to meet the energy
assessment requirements in Table 2 to this subpart satisfies the energy
assessment requirement. A facility that operates under an energy
management program established through energy management systems
compatible with ISO 50001, that includes the affected units, also
satisfies the energy assessment requirement.
* * * * *
    (d) These standards apply at all times the affected boiler is
operating, except during periods of startup and shutdown as defined in
Sec.  63.11237, during which time you must comply only with Table 2 to
this subpart.

0
8. Section 63.11205 is amended by revising paragraphs (b), (c)
introductory

text, (c)(1) introductory text, and (c)(1)(i) to read as follows:

Sec.  63.11205  What are my general requirements for complying with
this subpart?

* * * * *
    (b) You must demonstrate compliance with all applicable emission
limits using performance stack testing, fuel analysis, or a continuous
monitoring system (CMS), including a continuous emission monitoring
system (CEMS), a continuous opacity monitoring system (COMS), or a
continuous parameter monitoring system (CPMS), where applicable. You
may demonstrate compliance with the applicable mercury emission limit
using fuel analysis if the emission rate calculated according to Sec.
63.11211(c) is less than the applicable emission limit. Otherwise, you
must demonstrate compliance using stack testing.
    (c) If you demonstrate compliance with any applicable emission
limit through performance stack testing and subsequent compliance with
operating limits (including the use of CPMS), with a CEMS, or with a
COMS, you must develop a site-specific monitoring plan according to the
requirements in paragraphs (c)(1) through (3) of this section for the
use of any CEMS, COMS, or CPMS. This requirement also applies to you if
you petition the EPA Administrator for alternative monitoring
parameters under Sec.  63.8(f).
    (1) For each CMS required in this section (including CEMS, COMS, or
CPMS), you must develop, and submit to the Administrator for approval
upon request, a site-specific monitoring plan that addresses paragraphs
(c)(1)(i) through (vi) of this section. You must submit this site-
specific monitoring plan, if requested, at least 60 days before your
initial performance evaluation of your CMS. This requirement to develop
and submit a site-specific monitoring plan does not apply to affected
sources with existing CEMS or COMS operated according to the
performance specifications under appendix B to part 60 of this chapter
and that meet the requirements of Sec.  63.11224.
    (i) Installation of the CMS sampling probe or other interface at a
measurement location relative to each affected process unit such that
the measurement is representative of control of the exhaust emissions
(e.g., on or downstream of the last control device);
* * * * *

0
9. Section 63.11210 is amended by revising paragraphs (b) through (e)
and adding paragraphs (f) through (j) to read as follows:

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

* * * * *
    (b) For existing affected boilers that have applicable emission
limits, you must demonstrate initial compliance with the applicable
emission limits no later than 180 days after the compliance date that
is specified in Sec.  63.11196 and according to the applicable
provisions in Sec.  63.7(a)(2), except as provided in paragraph (j) of
this section.
    (c) For existing affected boilers that have applicable work
practice standards, management practices, or emission reduction
measures, you must demonstrate initial compliance no later than the
compliance date that is specified in Sec.  63.11196 and according to
the applicable provisions in Sec.  63.7(a)(2), except as provided in
paragraph (j) of this section.
    (d) For new or reconstructed affected boilers that have applicable
emission limits, you must demonstrate initial compliance with the
applicable emission limits no later than 180 days after March 21, 2011
or within 180 days after startup of the source, whichever is later,
according to Sec.  63.7(a)(2)(ix).
    (e) For new or reconstructed oil-fired boilers that combust only
oil that contains no more than 0.50 weight percent sulfur or a mixture
of 0.50 weight percent sulfur oil with other fuels not subject to a PM
emission limit under this subpart and that do not use a post-combustion
technology (except a wet scrubber) to reduce particulate matter (PM) or
sulfur dioxide emissions, you are not subject to the PM emission limit
in Table 1 of this subpart providing you monitor and record on a
monthly basis the type of fuel combusted. If you intend to burn a new
type of fuel or fuel mixture that does not meet the requirements of
this paragraph, you must conduct a performance test within 60 days of
burning the new fuel.
    (f) For new or reconstructed affected boilers that have applicable
work practice standards or management practices, you are not required
to complete an initial performance tune-up, but you are required to
complete the applicable biennial or 5-year tune-up as specified in
Sec.  63.11223 no later than 25 months or 61 months, respectively,
after the initial startup of the new or reconstructed affected source.
    (g) For affected boilers that ceased burning solid waste consistent
with Sec.  63.11196(d) and for which your initial compliance date has
passed, you must demonstrate compliance within 60 days of the effective
date of the waste-to-fuel switch as specified in Sec.  60.2145(a)(2)
and (3) of subpart CCCC or Sec.  60.2710(a)(2) and (3) of subpart DDDD.
If you have not conducted your compliance demonstration for this
subpart within the previous 12 months, you must complete all compliance
demonstrations for this subpart before you commence or recommence
combustion of solid waste.
    (h) For affected boilers that switch fuels or make a physical
change to the boiler that results in the applicability of a different
subcategory within subpart JJJJJJ or the boiler becoming subject to
subpart JJJJJJ, you must demonstrate compliance within 180 days of the
effective date of the fuel switch or the physical change. Notification
of such changes must be submitted according to Sec.  63.11225(g).
    (i) For boilers located at existing major sources of HAP that limit
their potential to emit (e.g., make a physical change or take a permit
limit) such that the existing major source becomes an area source, you
must comply with the applicable provisions as specified in paragraphs
(i)(1) through (3) of this section.
    (1) Any such existing boiler at the existing source must
demonstrate compliance with subpart JJJJJJ within 180 days of the later
of March 21, 2014 or upon the existing major source commencing
operation as an area source.
    (2) Any new or reconstructed boiler at the existing source must
demonstrate compliance with subpart JJJJJJ within 180 days of the later
of March 21, 2011 or startup.
    (3) Notification of such changes must be submitted according to
Sec.  63.11225(g).
    (j) For existing affected boilers that have not operated between
the effective date of the rule and the compliance date that is
specified for your source in Sec.  63.11196, you must comply with the
applicable provisions as specified in paragraphs (j)(1) through (3) of
this section.
    (1) You must complete the initial compliance demonstration, if
subject to the emission limits in Table 1 to this subpart, as specified
in paragraphs (a) and (b) of this section, no later than 180 days after
the re-start of the affected boiler and according to the applicable
provisions in Sec.  63.7(a)(2).
    (2) You must complete the initial performance tune-up, if subject
to the tune-up requirements in Sec.  63.11223, by following the
procedures described in Sec.  63.11223(b) no later than 30 days after
the re-start of the affected boiler.
    (3) You must complete the one-time energy assessment, if subject to
the energy assessment requirements specified in Table 2 to this
subpart, no

later than the compliance date specified in Sec.  63.11196.

0
10. Section 63.11211 is amended by revising paragraphs (a), (b)(1), and
(b)(2) to read as follows:

Sec.  63.11211  How do I demonstrate initial compliance with the
emission limits?

    (a) For affected boilers that demonstrate compliance with any of
the emission limits of this subpart through performance (stack)
testing, your initial compliance requirements include conducting
performance tests according to Sec.  63.11212 and Table 4 to this
subpart, conducting a fuel analysis for each type of fuel burned in
your boiler according to Sec.  63.11213 and Table 5 to this subpart,
establishing operating limits according to Sec.  63.11222, Table 6 to
this subpart and paragraph (b) of this section, as applicable, and
conducting CMS performance evaluations according to Sec.  63.11224. For
affected boilers that burn a single type of fuel, you are exempted from
the compliance requirements of conducting a fuel analysis for each type
of fuel burned in your boiler. For purposes of this subpart, boilers
that use a supplemental fuel only for startup, unit shutdown, and
transient flame stability purposes still qualify as affected boilers
that burn a single type of fuel, and the supplemental fuel is not
subject to the fuel analysis requirements under Sec.  63.11213 and
Table 5 to this subpart.
    (b) * * *
    (1) For a wet scrubber, you must establish the minimum scrubber
liquid flow rate and minimum scrubber pressure drop as defined in Sec.
63.11237, as your operating limits during the three-run performance
stack test. If you use a wet scrubber and you conduct separate
performance stack tests for PM and mercury emissions, you must
establish one set of minimum scrubber liquid flow rate and pressure
drop operating limits. If you conduct multiple performance stack tests,
you must set the minimum scrubber liquid flow rate and pressure drop
operating limits at the highest minimum values established during the
performance stack tests.
    (2) For an electrostatic precipitator operated with a wet scrubber,
you must establish the minimum total secondary electric power
(secondary voltage and secondary current), as defined in Sec.
63.11237, as your operating limits during the three-run performance
stack test.
* * * * *

0
11. Section 63.11212 is amended by revising paragraphs (b) and (e) to
read as follows:

Sec.  63.11212  What stack tests and procedures must I use for the
performance tests?

* * * * *
    (b) You must conduct each stack test according to the requirements
in Table 4 to this subpart. Boilers that use a CEMS for carbon monoxide
(CO) are exempt from the initial CO performance testing in Table 4 to
this subpart and the oxygen concentration operating limit requirement
specified in Table 3 to this subpart.
* * * * *
    (e) To determine compliance with the emission limits, you must use
the F-Factor methodology and equations in sections 12.2 and 12.3 of EPA
Method 19 of appendix A-7 to part 60 of this chapter to convert the
measured PM concentrations and the measured mercury concentrations that
result from the performance test to pounds per million Btu heat input
emission rates.

0
12. Section 63.11214 is amended by revising paragraph (c) to read as
follows:

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

* * * * *
    (c) If you own or operate an existing affected boiler with a heat
input capacity of 10 million Btu per hour or greater, you must submit a
signed certification in the Notification of Compliance Status report
that an energy assessment of the boiler and its energy use systems was
completed according to Table 2 to this subpart and is an accurate
depiction of your facility.
* * * * *

0
13. Section 63.11220 is revised to read as follows:

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

    (a) If your boiler has a heat input capacity of 10 million British
thermal units per hour or greater, you must conduct all applicable
performance (stack) tests according to Sec.  63.11212 on a triennial
basis, except as specified in paragraphs (b) through (d) of this
section. Triennial performance tests must be completed no more than 37
months after the previous performance test.
    (b) When demonstrating initial compliance with the PM emission
limit, if your boiler's performance test results show that your PM
emissions are equal to or less than half of the PM emission limit, you
do not need to conduct further performance tests for PM but must
continue to comply with all applicable operating limits and monitoring
requirements. If your initial performance test results show that your
PM emissions are greater than half of the PM emission limit, you must
conduct subsequent performance tests as specified in paragraph (a) of
this section.
    (c) If you demonstrate compliance with the mercury emission limit
based on fuel analysis, you must conduct a fuel analysis according to
Sec.  63.11213 for each type of fuel burned as specified in paragraphs
(c)(1) and (2) of this section. If you plan to burn a new type of fuel
or fuel mixture, you must conduct a fuel analysis before burning the
new type of fuel or mixture in your boiler. You must recalculate the
mercury emission rate using Equation 1 of Sec.  63.11211. The
recalculated mercury emission rate must be less than the applicable
emission limit.
    (1) When demonstrating initial compliance with the mercury emission
limit, if the mercury constituents in the fuel or fuel mixture are
measured to be equal to or less than half of the mercury emission
limit, you do not need to conduct further fuel analysis sampling but
must continue to comply with all applicable operating limits and
monitoring requirements.
    (2) When demonstrating initial compliance with the mercury emission
limit, if the mercury constituents in the fuel or fuel mixture are
greater than half of the mercury emission limit, you must conduct
quarterly sampling.
    (d) For existing affected boilers that have not operated since the
previous compliance demonstration and more than 3 years have passed
since the previous compliance demonstration, you must complete your
subsequent compliance demonstration no later than 180 days after the
re-start of the affected boiler.

0
14. Section 63.11221 is revised to read as follows:

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

    (a) You must monitor and collect data according to this section and
the site-specific monitoring plan required by Sec.  63.11205(c).
    (b) You must operate the monitoring system and collect data at all
required intervals at all times the affected source is operating and
compliance is required, except for periods of monitoring system
malfunctions or out-of-control periods (see Sec.  63.8(c)(7) of this
part), repairs associated with monitoring system malfunctions or out-
of-control periods, and required monitoring system quality assurance or
quality control activities including, as applicable, calibration
checks, required zero and span

adjustments, and scheduled CMS maintenance as defined in your site-
specific monitoring plan. A monitoring system malfunction is any
sudden, infrequent, not reasonably preventable failure of the
monitoring system to provide valid data. Monitoring system failures
that are caused in part by poor maintenance or careless operation are
not malfunctions. You are required to complete monitoring system
repairs in response to monitoring system malfunctions or out-of-control
periods and to return the monitoring system to operation as
expeditiously as practicable.
    (c) You may not use data collected during monitoring system
malfunctions or out-of-control periods, repairs associated with
monitoring system malfunctions or out-of-control periods, or required
monitoring system quality assurance or quality control activities in
calculations used to report emissions or operating levels. Any such
periods must be reported according to the requirements in Sec.
63.11225. You must use all the data collected during all other periods
in assessing the operation of the control device and associated control
system.
    (d) Except for periods of monitoring system malfunctions or
monitoring system out-of-control periods, repairs associated with
monitoring system malfunctions or monitoring system out-of-control
periods, and required monitoring system quality assurance or quality
control activities (including, as applicable, calibration checks,
required zero and span adjustments, and scheduled CMS maintenance as
defined in your site-specific monitoring plan), failure to collect
required data is a deviation of the monitoring requirements.

0
15. Section 63.11223 is amended by revising paragraphs (a), (b)
introductory text, (b)(1), (b)(3) through (5), (b)(6) introductory
text, (b)(6)(i), (b)(6)(iii), (b)(7), and (c), and adding paragraphs
(d) through (g) to read as follows:

Sec.  63.11223  How do I demonstrate continuous compliance with the
work practice and management practice standards?

    (a) For affected sources subject to the work practice standard or
the management practices of a tune-up, you must conduct a performance
tune-up according to paragraph (b) of this section and keep records as
required in Sec.  63.11225(c) to demonstrate continuous compliance. You
must conduct the tune-up while burning the type of fuel (or fuels in
the case of boilers that routinely burn two types of fuels at the same
time) that provided the majority of the heat input to the boiler over
the 12 months prior to the tune-up.
    (b) Except as specified in paragraphs (c) through (f) of this
section, you must conduct a tune-up of the boiler biennially to
demonstrate continuous compliance as specified in paragraphs (b)(1)
through (7) of this section. Each biennial tune-up must be conducted no
more than 25 months after the previous tune-up. For a new or
reconstructed boiler, the first biennial tune-up must be no later than
25 months after the initial startup of the new or reconstructed boiler.
    (1) As applicable, inspect the burner, and clean or replace any
components of the burner as necessary (you may delay the burner
inspection until the next scheduled unit shutdown, not to exceed 36
months from the previous inspection). Units that produce electricity
for sale may delay the burner inspection until the first outage, not to
exceed 36 months from the previous inspection.
* * * * *
    (3) Inspect the system controlling the air-to-fuel ratio, as
applicable, and ensure that it is correctly calibrated and functioning
properly (you may delay the inspection until the next scheduled unit
shutdown, not to exceed 36 months from the previous inspection). Units
that produce electricity for sale may delay the inspection until the
first outage, not to exceed 36 months from the previous inspection.
    (4) Optimize total emissions of CO. This optimization should be
consistent with the manufacturer's specifications, if available, and
with any nitrogen oxide requirement to which the unit is subject.
    (5) Measure the concentrations in the effluent stream of CO in
parts per million, by volume, and oxygen in volume percent, before and
after the adjustments are made (measurements may be either on a dry or
wet basis, as long as it is the same basis before and after the
adjustments are made). Measurements may be taken using a portable CO
analyzer.
    (6) Maintain on-site and submit, if requested by the Administrator,
a report containing the information in paragraphs (b)(6)(i) through
(iii) of this section.
    (i) The concentrations of CO in the effluent stream in parts per
million, by volume, and oxygen in volume percent, measured at high fire
or typical operating load, before and after the tune-up of the boiler.
* * * * *
    (iii) The type and amount of fuel used over the 12 months prior to
the tune-up of the boiler, but only if the unit was physically and
legally capable of using more than one type of fuel during that period.
Units sharing a fuel meter may estimate the fuel use by each unit.
    (7) If the unit is not operating on the required date for a tune-
up, the tune-up must be conducted within 30 days of startup.
    (c) Boilers with an oxygen trim system that maintains an optimum
air-to-fuel ratio that would otherwise be subject to a biennial tune-up
must conduct a tune-up of the boiler every 5 years as specified in
paragraphs (b)(1) through (7) of this section. Each 5-year tune-up must
be conducted no more than 61 months after the previous tune-up. For a
new or reconstructed boiler with an oxygen trim system, the first 5-
year tune-up must be no later than 61 months after the initial startup.
You may delay the burner inspection specified in paragraph (b)(1) of
this section and inspection of the system controlling the air-to-fuel
ratio specified in paragraph (b)(3) of this section until the next
scheduled unit shutdown, but you must inspect each burner and system
controlling the air-to-fuel ratio at least once every 72 months.
    (d) Seasonal boilers must conduct a tune-up every 5 years as
specified in paragraphs (b)(1) through (7) of this section. Each 5-year
tune-up must be conducted no more than 61 months after the previous
tune-up. For a new or reconstructed seasonal boiler, the first 5-year
tune-up must be no later than 61 months after the initial startup. You
may delay the burner inspection specified in paragraph (b)(1) of this
section and inspection of the system controlling the air-to-fuel ratio
specified in paragraph (b)(3) of this section until the next scheduled
unit shutdown, but you must inspect each burner and system controlling
the air-to-fuel ratio at least once every 72 months. Seasonal boilers
are not subject to the emission limits in Table 1 to this subpart or
the operating limits in Table 3 to this subpart.
    (e) Oil-fired boilers with a heat input capacity of equal to or
less than 5 million Btu per hour must conduct a tune-up every 5 years
as specified in paragraphs (b)(1) through (7) of this section. Each 5-
year tune-up must be conducted no more than 61 months after the
previous tune-up. For a new or reconstructed oil-fired boiler with a
heat input capacity of equal to or less than 5 million Btu per hour,
the first 5-year tune-up must be no later than 61 months after the
initial startup. You may delay the burner inspection specified in
paragraph (b)(1) of this section and inspection of the system
controlling the air-to-fuel ratio specified

in paragraph (b)(3) of this section until the next scheduled unit
shutdown, but you must inspect each burner and system controlling the
air-to-fuel ratio at least once every 72 months.
    (f) Limited-use boilers must conduct a tune-up every 5 years as
specified in paragraphs (b)(1) through (7) of this section. Each 5-year
tune-up must be conducted no more than 61 months after the previous
tune-up. For a new or reconstructed limited-use boiler, the first 5-
year tune-up must be no later than 61 months after the initial startup.
You may delay the burner inspection specified in paragraph (b)(1) of
this section and inspection of the system controlling the air-to-fuel
ratio specified in paragraph (b)(3) of this section until the next
scheduled unit shutdown, but you must inspect each burner and system
controlling the air-to-fuel ratio at least once every 72 months.
Limited-use boilers are not subject to the emission limits in Table 1
to this subpart, the energy assessment requirements in Table 2 to this
subpart, or the operating limits in Table 3 to this subpart.
    (g) If you own or operate a boiler subject to emission limits in
Table 1 of this subpart, you must minimize the boiler's startup and
shutdown periods following the manufacturer's recommended procedures,
if available. If manufacturer's recommended procedures are not
available, you must follow recommended procedures for a unit of similar
design for which manufacturer's recommended procedures are available.
You must submit a signed statement in the Notification of Compliance
Status report that indicates that you conducted startups and shutdowns
according to the manufacturer's recommended procedures or procedures
specified for a boiler of similar design if manufacturer's recommended
procedures are not available.

0
16. Section 63.11224 is amended by:
0
a. Revising paragraphs (a) introductory text, (a)(1) through (3),
(a)(5), (a)(6),
0
b. Adding paragraph (a)(7).
0
c. Revising paragraphs (c)(1) introductory text, (c)(2) introductory
text, and (d).
0
d. Revising paragraphs (e) introductory text, (e)(6), and (e)(7).
0
e. Adding paragraph (e)(8).
0
f. Revising paragraph (f)(7).
    The revisions and additions read as follows:

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

    (a) If your boiler is subject to a CO emission limit in Table 1 to
this subpart, you must either install, operate, and maintain a CEMS for
CO and oxygen according to the procedures in paragraphs (a)(1) through
(6) of this section, or install, calibrate, operate, and maintain an
oxygen analyzer system, as defined in Sec.  63.11237, according to the
manufacturer's recommendations and paragraphs (a)(7) and (d) of this
section, as applicable, by the compliance date specified in Sec.
63.11196. Where a certified CO CEMS is used, the CO level shall be
monitored at the outlet of the boiler, after any add-on controls or
flue gas recirculation system and before release to the atmosphere.
Boilers that use a CO CEMS are exempt from the initial CO performance
testing and oxygen concentration operating limit requirements specified
in Sec.  63.11211(a) of this subpart. Oxygen monitors and oxygen trim
systems must be installed to monitor oxygen in the boiler flue gas,
boiler firebox, or other appropriate intermediate location.
    (1) Each CO CEMS must be installed, operated, and maintained
according to the applicable procedures under Performance Specification
4, 4A, or 4B at 40 CFR part 60, appendix B, and each oxygen CEMS must
be installed, operated, and maintained according to Performance
Specification 3 at 40 CFR part 60, appendix B. Both the CO and oxygen
CEMS must also be installed, operated, and maintained according to the
site-specific monitoring plan developed according to paragraph (c) of
this section.
    (2) You must conduct a performance evaluation of each CEMS
according to the requirements in Sec.  63.8(e) and according to
Performance Specifications 3 and 4, 4A, or 4B at 40 CFR part 60,
appendix B.
    (3) Each CEMS must complete a minimum of one cycle of operation
(sampling, analyzing, and data recording) every 15 minutes. You must
have CEMS data values from a minimum of four successive cycles of
operation representing each of the four 15-minute periods in an hour,
or at least two 15-minute data values during an hour when CEMS
calibration, quality assurance, or maintenance activities are being
performed, to have a valid hour of data.
* * * * *
    (5) You must calculate hourly averages, corrected to 3 percent
oxygen, from each hour of CO CEMS data in parts per million CO
concentrations and determine the 10-day rolling average of all recorded
readings, except as provided in Sec.  63.11221(c). Calculate a 10-day
rolling average from all of the hourly averages collected for the 10-
day operating period using Equation 2 of this section.
[GRAPHIC] [TIFF OMITTED] TR01FE13.000

Where:

Hpvi = the hourly parameter value for hour i
n = the number of valid hourly parameter values collected over 10
boiler operating days

    (6) For purposes of collecting CO data, you must operate the CO
CEMS as specified in Sec.  63.11221(b). For purposes of calculating
data averages, you must use all the data collected during all periods
in assessing compliance, except that you must exclude certain data as
specified in Sec.  63.11221(c). Periods when CO data are unavailable
may constitute monitoring deviations as specified in Sec.  63.11221(d).
    (7) You must operate the oxygen analyzer system at or above the
minimum oxygen level that is established as the operating limit
according to Table 6 to this subpart when firing the fuel or fuel
mixture utilized during the most recent CO performance stack test.
Operation of oxygen trim systems to meet these requirements shall not
be done in a manner which compromises furnace safety.
* * * * *
    (c) * * *
    (1) For each CMS required in this section, you must develop, and
submit to the EPA Administrator for approval upon request, a site-
specific monitoring plan that addresses paragraphs (c)(1)(i) through
(iii) of this section. You must submit this site-specific monitoring
plan (if requested) at least 60 days before your initial performance
evaluation of your CMS.
* * * * *

    (2) In your site-specific monitoring plan, you must also address
paragraphs (c)(2)(i) through (iii) of this section.
* * * * *
    (d) If you have an operating limit that requires the use of a CMS,
you must install, operate, and maintain each CPMS according to the
procedures in paragraphs (d)(1) through (4) of this section.
    (1) The CPMS must complete a minimum of one cycle of operation
every 15 minutes. You must have data values from a minimum of four
successive cycles of operation representing each of the four 15-minute
periods in an hour, or at least two 15-minute data values during an
hour when CMS calibration, quality assurance, or maintenance activities
are being performed, to have a valid hour of data.
    (2) You must calculate hourly arithmetic averages from each hour of
CPMS data in units of the operating limit and determine the 30-day
rolling average of all recorded readings, except as provided in Sec.
63.11221(c). Calculate a 30-day rolling average from all of the hourly
averages collected for the 30-day operating period using Equation 3 of
this section.
[GRAPHIC] [TIFF OMITTED] TR01FE13.001

Where:

Hpvi = the hourly parameter value for hour i
n = the number of valid hourly parameter values collected over 30
boiler operating days

    (3) For purposes of collecting data, you must operate the CPMS as
specified in Sec.  63.11221(b). For purposes of calculating data
averages, you must use all the data collected during all periods in
assessing compliance, except that you must exclude certain data as
specified in Sec.  63.11221(c). Periods when CPMS data are unavailable
may constitute monitoring deviations as specified in Sec.  63.11221(d).
    (4) Record the results of each inspection, calibration, and
validation check.
    (e) If you have an applicable opacity operating limit under this
rule, you must install, operate, certify and maintain each COMS
according to the procedures in paragraphs (e)(1) through (8) of this
section by the compliance date specified in Sec.  63.11196.
* * * * *
    (6) You must operate and maintain each COMS according to the
requirements in the monitoring plan and the requirements of Sec.
63.8(e). You must identify periods the COMS is out of control including
any periods that the COMS fails to pass a daily calibration drift
assessment, a quarterly performance audit, or an annual zero alignment
audit.
    (7) You must calculate and record 6-minute averages from the
opacity monitoring data and determine and record the daily block
average of recorded readings, except as provided in Sec.  63.11221(c).
    (8) For purposes of collecting opacity data, you must operate the
COMS as specified in Sec.  63.11221(b). For purposes of calculating
data averages, you must use all the data collected during all periods
in assessing compliance, except that you must exclude certain data as
specified in Sec.  63.11221(c). Periods when COMS data are unavailable
may constitute monitoring deviations as specified in Sec.  63.11221(d).
    (f) * * *
    (7) For positive pressure fabric filter systems that do not duct
all compartments or cells to a common stack, a bag leak detection
system must be installed in each baghouse compartment or cell.
* * * * *

0
17. Section 63.11225 is amended by:
0
a. Revising paragraphs (a) introductory text, (a)(1), (a)(2), (a)(4),
(a)(5), (b) introductory text, (b)(2), (c) introductory text, (c)(2)
introductory text, and (c)(2)(ii).

0
b. Adding paragraphs (c)(2)(iii) through (vi).
0
c. Revising paragraphs (d), (e), and (g).
    The revisions and additions read as follows:

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

    (a) You must submit the notifications specified in paragraphs
(a)(1) through (5) of this section to the administrator.
    (1) You must submit all of the notifications in Sec. Sec.  63.7(b);
63.8(e) and (f); and 63.9(b) through (e), (g), and (h) that apply to
you by the dates specified in those sections except as specified in
paragraphs (a)(2) and (4) of this section.
    (2) An Initial Notification must be submitted no later than January
20, 2014 or within 120 days after the source becomes subject to the
standard.
* * * * *
    (4) You must submit the Notification of Compliance Status no later
than 120 days after the applicable compliance date specified in Sec.
63.11196 unless you must conduct a performance stack test. If you must
conduct a performance stack test, you must submit the Notification of
Compliance Status within 60 days of completing the performance stack
test. You must submit the Notification of Compliance Status in
accordance with paragraphs (a)(4)(i) and (vi) of this section. The
Notification of Compliance Status must include the information and
certification(s) of compliance in paragraphs (a)(4)(i) through (v) of
this section, as applicable, and signed by a responsible official.
    (i) You must submit the information required in Sec.  63.9(h)(2),
except the information listed in Sec.  63.9(h)(2)(i)(B), (D), (E), and
(F). If you conduct any performance tests or CMS performance
evaluations, you must submit that data as specified in paragraph (e) of
this section. If you conduct any opacity or visible emission
observations, or other monitoring procedures or methods, you must
submit that data to the Administrator at the appropriate address listed
in Sec.  63.13.
    (ii) ``This facility complies with the requirements in Sec.
63.11214 to conduct an initial tune-up of the boiler.''
    (iii) ``This facility has had an energy assessment performed
according to Sec.  63.11214(c).''
    (iv) For units that install bag leak detection systems: ``This
facility complies with the requirements in Sec.  63.11224(f).''
    (v) For units that do not qualify for a statutory exemption as
provided in section 129(g)(1) of the Clean Air Act: ``No secondary
materials that are solid waste were combusted in any affected unit.''
    (vi) The notification must be submitted electronically using the
Compliance and Emissions Data Reporting Interface (CEDRI) that is
accessed through EPA's Central Data Exchange (CDX) (www.epa.gov/cdx).
However, if the reporting form specific to this subpart is not
available in CEDRI at the time that the report is due, the written
Notification of Compliance Status must be submitted to the

Administrator at the appropriate address listed in Sec.  63.13.
    (5) If you are using data from a previously conducted emission test
to serve as documentation of conformance with the emission standards
and operating limits of this subpart, you must include in the
Notification of Compliance Status the date of the test and a summary of
the results, not a complete test report, relative to this subpart.
    (b) You must prepare, by March 1 of each year, and submit to the
delegated authority upon request, an annual compliance certification
report for the previous calendar year containing the information
specified in paragraphs (b)(1) through (4) of this section. You must
submit the report by March 15 if you had any instance described by
paragraph (b)(3) of this section. For boilers that are subject only to
a requirement to conduct a biennial or 5-year tune-up according to
Sec.  63.11223(a) and not subject to emission limits or operating
limits, you may prepare only a biennial or 5-year compliance report as
specified in paragraphs (b)(1) and (2) of this section.
* * * * *
    (2) Statement by a responsible official, with the official's name,
title, phone number, email address, and signature, certifying the
truth, accuracy and completeness of the notification and a statement of
whether the source has complied with all the relevant standards and
other requirements of this subpart. Your notification must include the
following certification(s) of compliance, as applicable, and signed by
a responsible official:
    (i) ``This facility complies with the requirements in Sec.
63.11223 to conduct a biennial or 5-year tune-up, as applicable, of
each boiler.''
    (ii) For units that do not qualify for a statutory exemption as
provided in section 129(g)(1) of the Clean Air Act: ``No secondary
materials that are solid waste were combusted in any affected unit.''
    (iii) ``This facility complies with the requirement in Sec. Sec.
63.11214(d) and 63.11223(g) to minimize the boiler's time spent during
startup and shutdown and to conduct startups and shutdowns according to
the manufacturer's recommended procedures or procedures specified for a
boiler of similar design if manufacturer's recommended procedures are
not available.''
* * * * *
    (c) You must maintain the records specified in paragraphs (c)(1)
through (7) of this section.
* * * * *
    (2) You must keep records to document conformance with the work
practices, emission reduction measures, and management practices
required by Sec.  63.11214 and Sec.  63.11223 as specified in
paragraphs (c)(2)(i) through (vi) of this section.
* * * * *
    (ii) For operating units that combust non-hazardous secondary
materials that have been determined not to be solid waste pursuant to
Sec.  241.3(b)(1) of this chapter, you must keep a record which
documents how the secondary material meets each of the legitimacy
criteria under Sec.  241.3(d)(1). If you combust a fuel that has been
processed from a discarded non-hazardous secondary material pursuant to
Sec.  241.3(b)(4) of this chapter, you must keep records as to how the
operations that produced the fuel satisfies the definition of
processing in Sec.  241.2 and each of the legitimacy criteria in Sec.
241.3(d)(1) of this chapter. If the fuel received a non-waste
determination pursuant to the petition process submitted under Sec.
241.3(c) of this chapter, you must keep a record that documents how the
fuel satisfies the requirements of the petition process. For operating
units that combust non-hazardous secondary materials as fuel per Sec.
241.4, you must keep records documenting that the material is a listed
non-waste under Sec.  241.4(a).
    (iii) For each boiler required to conduct an energy assessment, you
must keep a copy of the energy assessment report.
    (iv) For each boiler subject to an emission limit in Table 1 to
this subpart, you must also keep records of monthly fuel use by each
boiler, including the type(s) of fuel and amount(s) used.
    (v) For each boiler that meets the definition of seasonal boiler,
you must keep records of days of operation per year.
    (vi) For each boiler that meets the definition of limited-use
boiler, you must keep a copy of the federally enforceable permit that
limits the annual capacity factor to less than or equal to 10 percent
and records of fuel use for the days the boiler is operating.
* * * * *
    (d) Your records must be in a form suitable and readily available
for expeditious review. You must keep each record for 5 years following
the date of each recorded action. You must keep each record on-site or
be accessible from a central location by computer or other means that
instantly provide access at the site for at least 2 years after the
date of each recorded action. You may keep the records off site for the
remaining 3 years.
    (e)(1) Within 60 days after the date of completing each performance
test (defined in Sec.  63.2) as required by this subpart you must
submit the results of the performance tests, including any associated
fuel analyses, required by this subpart to EPA's WebFIRE database by
using CEDRI that is accessed through EPA's CDX (www.epa.gov/cdx).
Performance test data must be submitted in the file format generated
through use of EPA's Electronic Reporting Tool (ERT) (see http://www.epa.gov/ttn/chief/ert/index.html). Only data collected using test
methods on the ERT Web site are subject to this requirement for
submitting reports electronically to WebFIRE. Owners or operators who
claim that some of the information being submitted for performance
tests is confidential business information (CBI) must submit a complete
ERT file including information claimed to be CBI on a compact disk or
other commonly used electronic storage media (including, but not
limited to, flash drives) to EPA. The electronic media must be clearly
marked as CBI and mailed to U.S. EPA/OAPQS/CORE CBI Office, Attention:
WebFIRE Administrator, MD C404-02, 4930 Old Page Rd., Durham, NC 27703.
The same ERT file with the CBI omitted must be submitted to EPA via CDX
as described earlier in this paragraph. At the discretion of the
delegated authority, you must also submit these reports, including CBI,
to the delegated authority in the format specified by the delegated
authority. For any performance test conducted using test methods that
are not listed on the ERT Web site, the owner or operator shall submit
the results of the performance test in paper submissions to the
Administrator at the appropriate address listed in Sec.  63.13.
    (2) Within 60 days after the date of completing each CEMS
performance evaluation test as defined in Sec.  63.2, you must submit
relative accuracy test audit (RATA) data to EPA's CDX by using CEDRI in
accordance with paragraph (e)(1) of this section. Only RATA pollutants
that can be documented with the ERT (as listed on the ERT Web site) are
subject to this requirement. For any performance evaluations with no
corresponding RATA pollutants listed on the ERT Web site, the owner or
operator shall submit the results of the performance evaluation in
paper submissions to the Administrator at the appropriate address
listed in Sec.  63.13.
* * * * *
    (g) If you have switched fuels or made a physical change to the
boiler and the fuel switch or change resulted in the

applicability of a different subcategory within subpart JJJJJJ, in the
boiler becoming subject to subpart JJJJJJ, or in the boiler switching
out of subpart JJJJJJ due to a change to 100 percent natural gas, or
you have taken a permit limit that resulted in you being subject to
subpart JJJJJJ, you must provide notice of the date upon which you
switched fuels, made the physical change, or took a permit limit within
30 days of the change. The notification must identify:
    (1) The name of the owner or operator of the affected source, the
location of the source, the boiler(s) that have switched fuels, were
physically changed, or took a permit limit, and the date of the notice.
    (2) The date upon which the fuel switch, physical change, or permit
limit occurred.
    18. Section 63.11226 is revised to read as follows:

Sec.  63.11226  Affirmative defense for violation of emission standards
during malfunction.

    In response to an action to enforce the standards set forth in
Sec.  63.11201 you may assert an affirmative defense to a claim for
civil penalties for violations of such standards that are caused by
malfunction, as defined at 40 CFR 63.2. Appropriate penalties may be
assessed if you fail to meet your burden of proving all of the
requirements in the affirmative defense. The affirmative defense shall
not be available for claims for injunctive relief.
    (a) Assertion of affirmative defense. To establish the affirmative
defense in any action to enforce such a standard, you must timely meet
the reporting requirements in paragraph (b) of this section, and must
prove by a preponderance of evidence that:
    (1) The violation:
    (i) Was caused by a sudden, infrequent, and unavoidable failure of
air pollution control equipment, process equipment, or a process to
operate in a normal or usual manner; and
    (ii) Could not have been prevented through careful planning, proper
design or better operation and maintenance practices; and
    (iii) Did not stem from any activity or event that could have been
foreseen and avoided, or planned for; and
    (iv) Was not part of a recurring pattern indicative of inadequate
design, operation, or maintenance; and
    (2) Repairs were made as expeditiously as possible when a violation
occurred; and
    (3) The frequency, amount, and duration of the violation (including
any bypass) were minimized to the maximum extent practicable; and
    (4) If the violation resulted from a bypass of control equipment or
a process, then the bypass was unavoidable to prevent loss of life,
personal injury, or severe property damage; and
    (5) All possible steps were taken to minimize the impact of the
violation on ambient air quality, the environment, and human health;
and
    (6) All emissions monitoring and control systems were kept in
operation if at all possible, consistent with safety and good air
pollution control practices; and
    (7) All of the actions in response to the violation were documented
by properly signed, contemporaneous operating logs; and
    (8) At all times, the affected source was operated in a manner
consistent with good practices for minimizing emissions; and
    (9) A written root cause analysis has been prepared, the purpose of
which is to determine, correct, and eliminate the primary causes of the
malfunction and the violation resulting from the malfunction event at
issue. The analysis shall also specify, using best monitoring methods
and engineering judgment, the amount of any emissions that were the
result of the malfunction.
    (b) Report. The owner or operator seeking to assert an affirmative
defense shall submit a written report to the Administrator with all
necessary supporting documentation, that it has met the requirements
set forth in paragraph (a) of this section. This affirmative defense
report shall be included in the first periodic compliance, deviation
report or excess emission report otherwise required after the initial
occurrence of the violation of the relevant standard (which may be the
end of any applicable averaging period). If such compliance, deviation
report or excess emission report is due less than 45 days after the
initial occurrence of the violation, the affirmative defense report may
be included in the second compliance, deviation report or excess
emission report due after the initial occurrence of the violation of
the relevant standard.

0
19. Section 63.11236 is amended by revising paragraph (a) to read as
follows:

Sec.  63.11236  Who implements and enforces this subpart?

    (a) This subpart can be implemented and enforced by EPA or an
administrator such as your state, local, or tribal agency. If the EPA
Administrator has delegated authority to your state, local, or tribal
agency, then that agency has the authority to implement and enforce
this subpart. You should contact your EPA Regional Office to find out
if implementation and enforcement of this subpart is delegated to your
state, local, or tribal agency.
* * * * *

0
20. Section 63.11237 is amended as follows:
0
a. By adding definitions in alphabetical order for ``10-day rolling
average,'' ``30-day rolling average,'' ``Annual heat input,''
``Biodiesel,'' ``Calendar year,'' ``Common stack,'' ``Daily block
average,'' ``Distillate oil,'' ``Electric boiler,'' ``Electric utility
steam generating unit (EGU),'' ``Energy management program,''
``Fluidized bed boiler,'' ``Fluidized bed combustion,'' ``Hourly
average,'' ``Limited-use boiler,'' ``Load fraction,'' ``Minimum
scrubber pressure drop,'' ``Minimum sorbent injection rate,'' ``Minimum
total secondary electric power,'' ``Operating day,'' ``Oxygen analyzer
system,'' ``Oxygen trim system,'' ``Process heater,'' ``Regulated gas
stream,'' ``Residential boiler,'' ``Residual oil,'' ``Seasonal
boiler,'' ``Shutdown,'' ``Solid fuel,'' ``Startup,'' ``Temporary
boiler,'' ``Tune-up,'' ``Vegetable oil,'' ``Voluntary Consensus
Standards (VCS),'' and ``Wet scrubber.''
0
b. By revising the definitions for ``Bag leak detection system,''
``Biomass subcategory,'' ``Boiler,'' ``Boiler system,'' ``Deviation,''
``Dry scrubber,'' ``Electrostatic precipitator (ESP),'' ``Energy
assessment,'' ``Energy use system,'' ``Federally enforceable,'' ``Gas-
fired boiler,'' ``Heat input,'' ``Hot water heater,'' ``Institutional
boiler,'' ``Liquid fuel,'' ``Minimum activated carbon injection rate,''
``Minimum oxygen level,'' ``Minimum scrubber liquid flow rate,''
``Natural gas,'' ``Oil subcategory,'' ``Particulate matter,'' ``Period
of gas curtailment or supply interruption,'' ``Qualified Energy
Assessor,'' ``Solid fossil fuel,'' and ``Waste heat boiler.''
0
c. By removing the definitions for ``Annual heat input basis,''
``Minimum PM scrubber pressure drop,'' ``Minimum sorbent flow rate,''
and ``Minimum voltage or amperage''.

Sec.  63.11237  What definitions apply to this subpart?

    10-day rolling average means the arithmetic mean of all valid hours
of data from 10 successive operating days, except for periods of
startup and shutdown and periods when the unit is not operating.
    30-day rolling average means the arithmetic mean of all valid hours
of data from 30 successive operating days, except for periods of
startup and shutdown and periods when the unit is not operating.
* * * * *

    Annual heat input means the heat input for the 12 months preceding
the compliance demonstration.
    Bag leak detection system means a group of instruments that are
capable of monitoring particulate matter loadings in the exhaust of a
fabric filter (i.e., baghouse) in order to detect bag failures. A bag
leak detection system includes, but is not limited to, an instrument
that operates on electrodynamic, triboelectric, light scattering, light
transmittance, or other principle to monitor relative particulate
matter loadings.
    Biodiesel means a mono-alkyl ester derived from biomass and
conforming to ASTM D6751-11b, Standard Specification for Biodiesel Fuel
Blend Stock (B100) for Middle Distillate Fuels (incorporated by
reference, see Sec.  63.14).
* * * * *
    Biomass subcategory includes any boiler that burns any biomass and
is not in the coal subcategory.
    Boiler means an enclosed device using controlled flame combustion
in which water is heated to recover thermal energy in the form of steam
and/or hot water. Controlled flame combustion refers to a steady-state,
or near steady-state, process wherein fuel and/or oxidizer feed rates
are controlled. A device combusting solid waste, as defined in Sec.
241.3 of this chapter, is not a boiler unless the device is exempt from
the definition of a solid waste incineration unit as provided in
section 129(g)(1) of the Clean Air Act. Waste heat boilers, process
heaters, and autoclaves are excluded from the definition of Boiler.
    Boiler system means the boiler and associated components, such as,
feedwater systems, combustion air systems, fuel systems (including
burners), blowdown systems, combustion control systems, steam systems,
and condensate return systems, directly connected to and serving the
energy use systems.
    Calendar year means the period between January 1 and December 31,
inclusive, for a given year.
* * * * *
    Common stack means the exhaust of emissions from two or more
affected units through a single flue. Affected units with a common
stack may each have separate air pollution control systems located
before the common stack, or may have a single air pollution control
system located after the exhausts come together in a single flue.
    Daily block average means the arithmetic mean of all valid emission
concentrations or parameter levels recorded when a unit is operating
measured over the 24-hour period from 12 a.m. (midnight) to 12 a.m.
(midnight), except for periods of startup and shutdown and periods when
the unit is not operating.
    Deviation (1) Means any instance in which an affected source
subject to this subpart, or an owner or operator of such a source:
    (i) Fails to meet any applicable requirement or obligation
established by this subpart including, but not limited to, any emission
limit, operating limit, or work practice standard; or
    (ii) Fails to meet any term or condition that is adopted to
implement an applicable requirement in this subpart and that is
included in the operating permit for any affected source required to
obtain such a permit.
    (2) A deviation is not always a violation.
    Distillate oil means fuel oils that contain 0.05 weight percent
nitrogen or less and comply with the specifications for fuel oil
numbers 1 and 2, as defined by the American Society of Testing and
Materials in ASTM D396 (incorporated by reference, see Sec.  63.14) or
diesel fuel oil numbers 1 and 2, as defined by the American Society for
Testing and Materials in ASTM D975 (incorporated by reference, see
Sec.  63.14), kerosene, and biodiesel as defined by the American
Society of Testing and Materials in ASTM D6751-11b (incorporated by
reference, see Sec.  63.14).
    Dry scrubber means an add-on air pollution control system that
injects dry alkaline sorbent (dry injection) or sprays an alkaline
sorbent (spray dryer) to react with and neutralize acid gas in the
exhaust stream forming a dry powder material. Sorbent injection systems
used as control devices in fluidized bed boilers and process heaters
are included in this definition. A dry scrubber is a dry control
system.
    Electric boiler means a boiler in which electric heating serves as
the source of heat. Electric boilers that burn gaseous or liquid fuel
during periods of electrical power curtailment or failure are included
in this definition.
    Electric utility steam generating unit (EGU) means a fossil fuel-
fired combustion unit of more than 25 megawatts that serves a generator
that produces electricity for sale. A fossil fuel-fired unit that
cogenerates steam and electricity and supplies more than one-third of
its potential electric output capacity and more than 25 megawatts
electrical output to any utility power distribution system for sale is
considered an electric utility steam generating unit. To be ``capable
of combusting'' fossil fuels, an EGU would need to have these fuels
allowed in their operating permits and have the appropriate fuel
handling facilities on-site or otherwise available (e.g., coal handling
equipment, including coal storage area, belts and conveyers,
pulverizers, etc.; oil storage facilities). In addition, fossil fuel-
fired EGU means any EGU that fired fossil fuel for more than 10.0
percent of the average annual heat input in any 3 consecutive calendar
years or for more than 15.0 percent of the annual heat input during any
one calendar year after April 16, 2015.
    Electrostatic precipitator (ESP) means an add-on air pollution
control device used to capture particulate matter by charging the
particles using an electrostatic field, collecting the particles using
a grounded collecting surface, and transporting the particles into a
hopper. An electrostatic precipitator is usually a dry control system.
    Energy assessment means the following for the emission units
covered by this subpart:
    (1) The energy assessment for facilities with affected boilers with
less than 0.3 trillion Btu per year (TBtu/year) heat input capacity
will be 8 on-site technical labor hours in length maximum, but may be
longer at the discretion of the owner or operator of the affected
source. The boiler system(s) and any on-site energy use system(s)
accounting for at least 50 percent of the affected boiler(s) energy
(e.g., steam, hot water, or electricity) production, as applicable,
will be evaluated to identify energy savings opportunities, within the
limit of performing an 8-hour energy assessment.
    (2) The energy assessment for facilities with affected boilers with
0.3 to 1.0 TBtu/year heat input capacity will be 24 on-site technical
labor hours in length maximum, but may be longer at the discretion of
the owner or operator of the affected source. The boiler system(s) and
any on-site energy use system(s) accounting for at least 33 percent of
the affected boiler(s) energy (e.g., steam, hot water, or electricity)
production, as applicable, will be evaluated to identify energy savings
opportunities, within the limit of performing a 24-hour energy
assessment.
    (3) The energy assessment for facilities with affected boilers with
greater than 1.0 TBtu/year heat input capacity will be up to 24 on-site
technical labor hours in length for the first TBtu/year plus 8 on-site
technical labor hours for every additional 1.0 TBtu/year not to exceed
160 on-site technical hours, but may be longer at the discretion of the
owner or operator of the affected source. The boiler

system(s) and any on-site energy use system(s) accounting for at least
20 percent of the affected boiler(s) energy (e.g., steam, hot water, or
electricity) production, as applicable, will be evaluated to identify
energy savings opportunities.
    (4) The on-site energy use system(s) serving as the basis for the
percent of affected boiler(s) energy production, as applicable, in
paragraphs (1), (2), and (3) of this definition may be segmented by
production area or energy use area as most logical and applicable to
the specific facility being assessed (e.g., product X manufacturing
area; product Y drying area; Building Z).
    Energy management program means a program that includes a set of
practices and procedures designed to manage energy use that are
demonstrated by the facility's energy policies, a facility energy
manager and other staffing responsibilities, energy performance
measurement and tracking methods, an energy saving goal, action plans,
operating procedures, internal reporting requirements, and periodic
review intervals used at the facility. Facilities may establish their
program through energy management systems compatible with ISO 50001.
    Energy use system (1) Includes the following systems located on the
site of the affected boiler that use energy provided by the boiler:
    (i) Process heating; compressed air systems; machine drive (motors,
pumps, fans); process cooling; facility heating, ventilation, and air
conditioning systems; hot water systems; building envelop; and
lighting; or
    (ii) Other systems that use steam, hot water, process heat, or
electricity, provided by the affected boiler.
    (2) Energy use systems are only those systems using energy clearly
produced by affected boilers.
* * * * *
    Federally enforceable means all limitations and conditions that are
enforceable by the EPA Administrator, including, but not limited to,
the requirements of 40 CFR parts 60, 61, 63, and 65, requirements
within any applicable state implementation plan, and any permit
requirements established under 40 CFR 52.21 or under 40 CFR 51.18 and
40 CFR 51.24.
    Fluidized bed boiler means a boiler utilizing a fluidized bed
combustion process that is not a pulverized coal boiler.
    Fluidized bed combustion means a process where a fuel is burned in
a bed of granulated particles, which are maintained in a mobile
suspension by the forward flow of air and combustion products.
* * * * *
    Gas-fired boiler includes any boiler that burns gaseous fuels not
combined with any solid fuels and burns liquid fuel only during periods
of gas curtailment, gas supply interruption, startups, or periodic
testing on liquid fuel. Periodic testing of liquid fuel shall not
exceed a combined total of 48 hours during any calendar year.
    Heat input means heat derived from combustion of fuel in a boiler
and does not include the heat input from preheated combustion air,
recirculated flue gases, returned condensate, or exhaust gases from
other sources such as gas turbines, internal combustion engines, kilns.
    Hot water heater means a closed vessel with a capacity of no more
than 120 U.S. gallons in which water is heated by combustion of
gaseous, liquid, or biomass fuel and hot water is withdrawn for use
external to the vessel. Hot water boilers (i.e., not generating steam)
combusting gaseous, liquid, or biomass fuel with a heat input capacity
of less than 1.6 million Btu per hour are included in this definition.
The 120 U.S. gallon capacity threshold to be considered a hot water
heater is independent of the 1.6 million Btu per hour heat input
capacity threshold for hot water boilers. Hot water heater also means a
tankless unit that provides on-demand hot water.
    Hourly average means the arithmetic average of at least four CMS
data values representing the four 15-minute periods in an hour, or at
least two 15-minute data values during an hour when CMS calibration,
quality assurance, or maintenance activities are being performed.
* * * * *
    Institutional boiler means a boiler used in institutional
establishments such as, but not limited to, medical centers, nursing
homes, research centers, institutions of higher education, elementary
and secondary schools, libraries, religious establishments, and
governmental buildings to provide electricity, steam, and/or hot water.
    Limited-use boiler means any boiler that burns any amount of solid
or liquid fuels and has a federally enforceable average annual capacity
factor of no more than 10 percent.
    Liquid fuel includes, but is not limited to, distillate oil,
residual oil, any form of liquid fuel derived from petroleum, used oil
meeting the specification in 40 CFR 279.11, liquid biofuels, biodiesel,
and vegetable oil, and comparable fuels as defined under 40 CFR 261.38.
    Load fraction means the actual heat input of a boiler divided by
heat input during the performance test that established the minimum
sorbent injection rate or minimum activated carbon injection rate,
expressed as a fraction (e.g., for 50 percent load the load fraction is
0.5).
    Minimum activated carbon injection rate means load fraction
multiplied by the lowest hourly average activated carbon injection rate
measured according to Table 6 to this subpart during the most recent
performance stack test demonstrating compliance with the applicable
emission limit.
    Minimum oxygen level means the lowest hourly average oxygen level
measured according to Table 6 to this subpart during the most recent
performance stack test demonstrating compliance with the applicable
carbon monoxide emission limit.
    Minimum scrubber liquid flow rate means the lowest hourly average
scrubber liquid flow rate (e.g., to the particulate matter scrubber)
measured according to Table 6 to this subpart during the most recent
performance stack test demonstrating compliance with the applicable
emission limit.
    Minimum scrubber pressure drop means the lowest hourly average
scrubber pressure drop measured according to Table 6 to this subpart
during the most recent performance stack test demonstrating compliance
with the applicable emission limit.
    Minimum sorbent injection rate means:
    (1) The load fraction multiplied by the lowest hourly average
sorbent injection rate for each sorbent measured according to Table 6
to this subpart during the most recent performance stack test
demonstrating compliance with the applicable emission limits; or
    (2) For fluidized bed combustion, the lowest average ratio of
sorbent to sulfur measured during the most recent performance test.
    Minimum total secondary electric power means the lowest hourly
average total secondary electric power determined from the values of
secondary voltage and secondary current to the electrostatic
precipitator measured according to Table 6 to this subpart during the
most recent performance stack test demonstrating compliance with the
applicable emission limits.
    Natural gas means:
    (1) A naturally occurring mixture of hydrocarbon and nonhydrocarbon
gases found in geologic formations beneath

the earth's surface, of which the principal constituent is methane; or
    (2) Liquefied petroleum gas, as defined by the American Society for
Testing and Materials in ASTM D1835 (incorporated by reference, see
Sec.  63.14); or
    (3) A mixture of hydrocarbons that maintains a gaseous state at ISO
conditions (i.e., a temperature of 288 Kelvin, a relative humidity of
60 percent, and a pressure of 101.3 kilopascals). Additionally, natural
gas must either be composed of at least 70 percent methane by volume or
have a gross calorific value between 35 and 41 megajoules (MJ) per dry
standard cubic meter (950 and 1,100 Btu per dry standard cubic foot);
or
    (4) Propane or propane-derived synthetic natural gas. Propane means
a colorless gas derived from petroleum and natural gas, with the
molecular structure C3H8.
    Oil subcategory includes any boiler that burns any liquid fuel and
is not in either the biomass or coal subcategories. Gas-fired boilers
that burn liquid fuel only during periods of gas curtailment, gas
supply interruptions, startups, or for periodic testing are not
included in this definition. Periodic testing on liquid fuel shall not
exceed a combined total of 48 hours during any calendar year.
* * * * *
    Operating day means a 24-hour period between 12 midnight and the
following midnight during which any fuel is combusted at any time in
the boiler unit. It is not necessary for fuel to be combusted for the
entire 24-hour period.
    Oxygen analyzer system means all equipment required to determine
the oxygen content of a gas stream and used to monitor oxygen in the
boiler flue gas, boiler firebox, or other appropriate intermediate
location. This definition includes oxygen trim systems.
    Oxygen trim system means a system of monitors that is used to
maintain excess air at the desired level in a combustion device. A
typical system consists of a flue gas oxygen and/or carbon monoxide
monitor that automatically provides a feedback signal to the combustion
air controller.
    Particulate matter (PM) means any finely divided solid or liquid
material, other than uncombined water, as measured by the test methods
specified under this subpart, or an approved alternative method.
* * * * *
    Period of gas curtailment or supply interruption means a period of
time during which the supply of gaseous fuel to an affected boiler is
restricted or halted for reasons beyond the control of the facility.
The act of entering into a contractual agreement with a supplier of
natural gas established for curtailment purposes does not constitute a
reason that is under the control of a facility for the purposes of this
definition. An increase in the cost or unit price of natural gas due to
normal market fluctuations not during periods of supplier delivery
restriction does not constitute a period of natural gas curtailment or
supply interruption. On-site gaseous fuel system emergencies or
equipment failures qualify as periods of supply interruption when the
emergency or failure is beyond the control of the facility.
    Process heater means an enclosed device using controlled flame, and
the unit's primary purpose is to transfer heat indirectly to a process
material (liquid, gas, or solid) or to a heat transfer material (e.g.,
glycol or a mixture of glycol and water) for use in a process unit,
instead of generating steam. Process heaters are devices in which the
combustion gases do not come into direct contact with process
materials. Process heaters include units that heat water/water mixtures
for pool heating, sidewalk heating, cooling tower water heating, power
washing, or oil heating.
    Qualified energy assessor means:
    (1) Someone who has demonstrated capabilities to evaluate energy
savings opportunities for steam generation and major energy using
systems, including, but not limited to:
    (i) Boiler combustion management.
    (ii) Boiler thermal energy recovery, including
    (A) Conventional feed water economizer,
    (B) Conventional combustion air preheater, and
    (C) Condensing economizer.
    (iii) Boiler blowdown thermal energy recovery.
    (iv) Primary energy resource selection, including
    (A) Fuel (primary energy source) switching, and
    (B) Applied steam energy versus direct-fired energy versus
electricity.
    (v) Insulation issues.
    (vi) Steam trap and steam leak management.
    (vii) Condensate recovery.
    (viii) Steam end-use management.
    (2) Capabilities and knowledge includes, but is not limited to:
    (i) Background, experience, and recognized abilities to perform the
assessment activities, data analysis, and report preparation.
    (ii) Familiarity with operating and maintenance practices for steam
or process heating systems.
    (iii) Additional potential steam system improvement opportunities
including improving steam turbine operations and reducing steam demand.
    (iv) Additional process heating system opportunities including
effective utilization of waste heat and use of proper process heating
methods.
    (v) Boiler-steam turbine cogeneration systems.
    (vi) Industry specific steam end-use systems.
    Regulated gas stream means an offgas stream that is routed to a
boiler for the purpose of achieving compliance with a standard under
another subpart of this part or part 60, part 61, or part 65 of this
chapter.
    Residential boiler means a boiler used to provide heat and/or hot
water and/or as part of a residential combined heat and power system.
This definition includes boilers located at an institutional facility
(e.g., university campus, military base, church grounds) or commercial/
industrial facility (e.g., farm) used primarily to provide heat and/or
hot water for:
    (1) A dwelling containing four or fewer families, or
    (2) A single unit residence dwelling that has since been converted
or subdivided into condominiums or apartments.
    Residual oil means crude oil, fuel oil that does not comply with
the specifications under the definition of distillate oil, and all fuel
oil numbers 4, 5, and 6, as defined by the American Society of Testing
and Materials in ASTM D396-10 (incorporated by reference, see Sec.
63.14(b)).
* * * * *
    Seasonal boiler means a boiler that undergoes a shutdown for a
period of at least 7 consecutive months (or 210 consecutive days) each
12-month period due to seasonal conditions, except for periodic
testing. Periodic testing shall not exceed a combined total of 15 days
during the 7-month shutdown. This definition only applies to boilers
that would otherwise be included in the biomass subcategory or the oil
subcategory.
    Shutdown means the cessation of operation of a boiler for any
purpose. Shutdown begins either when none of the steam or heat from the
boiler is supplied for heating and/or producing electricity, or for any
other purpose, or at the point of no fuel being fired in the boiler,
whichever is earlier. Shutdown ends when there is no steam and no heat
being supplied and no fuel being fired in the boiler.
    Solid fossil fuel includes, but is not limited to, coal, coke,
petroleum coke, and tire-derived fuel.

    Solid fuel means any solid fossil fuel or biomass or bio-based
solid fuel.
    Startup means either the first-ever firing of fuel in a boiler for
the purpose of supplying steam or heat for heating and/or producing
electricity, or for any other purpose, or the firing of fuel in a
boiler after a shutdown event for any purpose. Startup ends when any of
the steam or heat from the boiler is supplied for heating and/or
producing electricity, or for any other purpose.
    Temporary boiler means any gaseous or liquid fuel boiler that is
designed to, and is capable of, being carried or moved from one
location to another by means of, for example, wheels, skids, carrying
handles, dollies, trailers, or platforms. A boiler is not a temporary
boiler if any one of the following conditions exists:
    (1) The equipment is attached to a foundation.
    (2) The boiler or a replacement remains at a location within the
facility and performs the same or similar function for more than 12
consecutive months, unless the regulatory agency approves an extension.
An extension may be granted by the regulating agency upon petition by
the owner or operator of a unit specifying the basis for such a
request. Any temporary boiler that replaces a temporary boiler at a
location within the facility and performs the same or similar function
will be included in calculating the consecutive time period unless
there is a gap in operation of 12 months or more.
    (3) The equipment is located at a seasonal facility and operates
during the full annual operating period of the seasonal facility,
remains at the facility for at least 2 years, and operates at that
facility for at least 3 months each year.
    (4) The equipment is moved from one location to another within the
facility but continues to perform the same or similar function and
serve the same electricity, steam, and/or hot water system in an
attempt to circumvent the residence time requirements of this
definition.
    Tune-up means adjustments made to a boiler in accordance with the
procedures outlined in Sec.  63.11223(b).
    Vegetable oil means oils extracted from vegetation.
    Voluntary Consensus Standards (VCS) mean technical standards (e.g.,
materials specifications, test methods, sampling procedures, business
practices) developed or adopted by one or more voluntary consensus
bodies. EPA/Office of Air Quality Planning and Standards, by precedent,
has only used VCS that are written in English. Examples of VCS bodies
are: American Society of Testing and Materials (ASTM 100 Barr Harbor
Drive, P.O. Box CB700, West Conshohocken, Pennsylvania 19428-B2959,
(800) 262-1373, http://www.astm.org), American Society of Mechanical
Engineers (ASME ASME, Three Park Avenue, New York, NY 10016-5990, (800)
843-2763, http://www.asme.org), International Standards Organization
(ISO 1, ch. de la Voie-Creuse, Case postale 56, CH-1211 Geneva 20,
Switzerland, +41 22 749 01 11, http://www.iso.org/iso/home.htm),
Standards Australia (AS Level 10, The Exchange Centre, 20 Bridge
Street, Sydney, GPO Box 476, Sydney NSW 2001, + 61 2 9237 6171 http://www.stadards.org.au), British Standards Institution (BSI, 389 Chiswick
High Road, London, W4 4AL, United Kingdom, +44 (0)20 8996 9001, http://www.bsigroup.com), Canadian Standards Association (CSA 5060 Spectrum
Way, Suite 100, Mississauga, Ontario L4W 5N6, Canada,<PHONE_NUMBER>,
http://www.csa.ca), European Committee for Standardization (CEN CENELEC
Management Centre Avenue Marnix 17 B-1000 Brussels, Belgium +32 2 550
08 11, http://www.cen.eu/cen), and German Engineering Standards (VDI
VDI Guidelines Department, P.O. Box 10 11 39 40002, Duesseldorf,
Germany, +49 211 6214-230, http://www.vdi.eu). The types of standards
that are not considered VCS are standards developed by: the United
States, e.g., California (CARB) and Texas (TCEQ); industry groups, such
as American Petroleum Institute (API), Gas Processors Association
(GPA), and Gas Research Institute (GRI); and other branches of the U.S.
government, e.g., Department of Defense (DOD) and Department of
Transportation (DOT). This does not preclude EPA from using standards
developed by groups that are not VCS bodies within their rule. When
this occurs, EPA has done searches and reviews for VCS equivalent to
these non-EPA methods.
    Waste heat boiler means a device that recovers normally unused
energy (i.e., hot exhaust gas) and converts it to usable heat. Waste
heat boilers are also referred to as heat recovery steam generators.
Waste heat boilers are heat exchangers generating steam from incoming
hot exhaust gas from an industrial (e.g., thermal oxidizer, kiln,
furnace) or power (e.g., combustion turbine, engine) equipment. Duct
burners are sometimes used to increase the temperature of the incoming
hot exhaust gas.
    Wet scrubber means any add-on air pollution control device that
mixes an aqueous stream or slurry with the exhaust gases from a boiler
to control emissions of particulate matter or to absorb and neutralize
acid gases, such as hydrogen chloride. A wet scrubber creates an
aqueous stream or slurry as a byproduct of the emissions control
process.
* * * * *

0
21. Table 1 to subpart JJJJJJ is revised to read as follows:
    As stated in Sec.  63.11201, you must comply with the following
applicable emission limits:

          Table 1 to Subpart JJJJJJ of Part 63--Emission Limits
------------------------------------------------------------------------
                                                   You must achieve less
                                                    than or equal to the
                                For the following    following emission
   If your boiler is in this     pollutants . . .  limits, except during
       subcategory . . .                             periods of startup
                                                     and shutdown . . .

------------------------------------------------------------------------
1. New coal-fired boilers with  a. PM              3.0E-02 pounds(lb)
 heat input capacity of 30       (Filterable).      per million British
 million British thermal units  b. Mercury.......   thermal units
 per hour (MMBtu/hr) or         c. CO............   (MMBtu) of heat
 greater that do not meet the                       input.
 definition of limited-use                         2.2E-05 lb per MMBtu
 boiler.                                            of heat input.
                                                   420 parts per million
                                                    (ppm) by volume on a
                                                    dry basis corrected
                                                    to 3 percent oxygen
                                                    (3-run average or 10-
                                                    day rolling
                                                    average).
2. New coal-fired boilers with  a. PM              4.2E-01 lb per MMBtu
 heat input capacity of          (Filterable).      of heat input.
 between 10 and 30 MMBtu/hr     b. Mercury.......  2.2E-05 lb per MMBtu
 that do not meet the           c. CO............   of heat input.
 definition of limited-use                         420 ppm by volume on
 boiler.                                            a dry basis
                                                    corrected to 3
                                                    percent oxygen (3-
                                                    run average or 10-
                                                    day rolling
                                                    average).

3. New biomass-fired boilers    PM (Filterable)..  3.0E-02 lb per MMBtu
 with heat input capacity of                        of heat input.
 30 MMBtu/hr or greater that
 do not meet the definition of
 seasonal boiler or limited-
 use boiler.
4. New biomass fired boilers    PM (Filterable)..  7.0E-02 lb per MMBtu
 with heat input capacity of                        of heat input.
 between 10 and 30 MMBtu/hr
 that do not meet the
 definition of seasonal boiler
 or limited-use boiler.
5. New oil-fired boilers with   PM (Filterable)..  3.0E-02 lb per MMBtu
 heat input capacity of 10                          of heat input.
 MMBtu/hr or greater that do
 not meet the definition of
 seasonal boiler or limited-
 use boiler.
6. Existing coal-fired boilers  a. Mercury.......  2.2E-05 lb per MMBtu
 with heat input capacity of    b. CO............   of heat input.
 10 MMBtu/hr or greater that                       420 ppm by volume on
 do not meet the definition of                      a dry basis
 limited-use boiler.                                corrected to 3
                                                    percent oxygen.
------------------------------------------------------------------------

0
22. Table 2 to subpart JJJJJJ is revised to read as follows:
    As stated in Sec.  63.11201, you must comply with the following
applicable work practice standards, emission reduction measures, and
management practices:

 Table 2 to Subpart JJJJJJ of Part 63--Work Practice Standards, Emission
              Reduction Measures, and Management Practices
------------------------------------------------------------------------
  If your boiler is in this
      subcategory . . .            You must meet the following . . .
------------------------------------------------------------------------
1. Existing or new coal-       Minimize the boiler's startup and
 fired, new biomass-fired, or   shutdown periods and conduct startups
 new oil-fired boilers (units   and shutdowns according to the
 with heat input capacity of    manufacturer's recommended procedures.
 10 MMBtu/hr or greater).       If manufacturer's recommended procedures
                                are not available, you must follow
                                recommended procedures for a unit of
                                similar design for which manufacturer's
                                recommended procedures are available.
2. Existing coal-fired         Conduct an initial tune-up as specified
 boilers with heat input        in Sec.   63.11214, and conduct a tune-
 capacity of less than 10       up of the boiler biennially as specified
 MMBtu/hr that do not meet      in Sec.   63.11223.
 the definition of limited-
 use boiler, or use an oxygen
 trim system that maintains
 an optimum air-to-fuel ratio.
3. New coal-fired boilers      Conduct a tune-up of the boiler
 with heat input capacity of    biennially as specified in Sec.
 less than 10 MMBtu/hr that     63.11223.
 do not meet the definition
 of limited-use boiler, or
 use an oxygen trim system
 that maintains an optimum
 air-to-fuel ratio.
4. Existing oil-fired boilers  Conduct an initial tune-up as specified
 with heat input capacity       in Sec.   63.11214, and conduct a tune-
 greater than 5 MMBtu/hr that   up of the boiler biennially as specified
 do not meet the definition     in Sec.   63.11223.
 of seasonal boiler or
 limited-use boiler, or use
 an oxygen trim system that
 maintains an optimum air-to-
 fuel ratio.
5. New oil-fired boilers with  Conduct a tune-up of the boiler
 heat input capacity greater    biennially as specified in Sec.
 than 5 MMBtu/hr that do not    63.11223.
 meet the definition of
 seasonal boiler or limited-
 use boiler, or use an oxygen
 trim system that maintains
 an optimum air-to-fuel ratio.
6. Existing biomass-fired      Conduct an initial tune-up as specified
 boilers that do not meet the   in Sec.   63.11214, and conduct a tune-
 definition of seasonal         up of the boiler biennially as specified
 boiler or limited-use          in Sec.   63.11223.
 boiler, or use an oxygen
 trim system that maintains
 an optimum air-to-fuel ratio.
7. New biomass-fired boilers   Conduct a tune-up of the boiler
 that do not meet the           biennially as specified in Sec.
 definition of seasonal         63.11223.
 boiler or limited-use
 boiler, or use an oxygen
 trim system that maintains
 an optimum air-to-fuel ratio.
8. Existing seasonal boilers.  Conduct an initial tune-up as specified
                                in Sec.   63.11214, and conduct a tune-
                                up of the boiler every 5 years as
                                specified in Sec.   63.11223.
9. New seasonal boilers......  Conduct a tune-up of the boiler every 5
                                years as specified in Sec.   63.11223.
10. Existing limited-use       Conduct an initial tune-up as specified
 boilers.                       in Sec.   63.11214, and conduct a tune-
                                up of the boiler every 5 years as
                                specified in Sec.   63.11223.
11. New limited-use boilers..  Conduct a tune-up of the boiler every 5
                                years as specified in Sec.   63.11223.
12. Existing oil-fired         Conduct an initial tune-up as specified
 boilers with heat input        in Sec.   63.11214, and conduct a tune-
 capacity of equal to or less   up of the boiler every 5 years as
 than 5 MMBtu/hr.               specified in Sec.   63.11223.
13. New oil-fired boilers      Conduct a tune-up of the boiler every 5
 with heat input capacity of    years as specified in Sec.   63.11223.
 equal to or less than 5
 MMBtu/hr.

14. Existing coal-fired,       Conduct an initial tune-up as specified
 biomass-fired, or oil-fired    in Sec.   63.11214, and conduct a tune-
 boilers with an oxygen trim    up of the boiler every 5 years as
 system that maintains an       specified in Sec.   63.11223.
 optimum air-to-fuel ratio
 that would otherwise be
 subject to a biennial tune-
 up.
15. New coal-fired, biomass-   Conduct a tune-up of the boiler every 5
 fired, or oil-fired boilers    years as specified in Sec.   63.11223.
 with an oxygen trim system
 that maintains an optimum
 air-to-fuel ratio that would
 otherwise be subject to a
 biennial tune-up.
16. Existing coal-fired,       Must have a one-time energy assessment
 biomass-fired, or oil-fired    performed by a qualified energy
 boilers (units with heat       assessor. An energy assessment completed
 input capacity of 10 MMBtu/    on or after January 1, 2008, that meets
 hr and greater), not           or is amended to meet the energy
 including limited-use          assessment requirements in this table
 boilers.                       satisfies the energy assessment
                                requirement. Energy assessor approval
                                and qualification requirements are
                                waived in instances where past or
                                amended energy assessments are used to
                                meet the energy assessment requirements.
                                A facility that operates under an energy
                                management program compatible with ISO
                                50001 that includes the affected units
                                also satisfies the energy assessment
                                requirement. The energy assessment must
                                include the following with extent of the
                                evaluation for items (1) to (4)
                                appropriate for the on-site technical
                                hours listed in Sec.   63.11237:
                               (1) A visual inspection of the boiler
                                system,
                               (2) An evaluation of operating
                                characteristics of the affected boiler
                                systems, specifications of energy use
                                systems, operating and maintenance
                                procedures, and unusual operating
                                constraints,
                               (3) An inventory of major energy use
                                systems consuming energy from affected
                                boiler(s) and which are under control of
                                the boiler owner or operator,
                               (4) A review of available architectural
                                and engineering plans, facility
                                operation and maintenance procedures and
                                logs, and fuel usage,
                               (5) A list of major energy conservation
                                measures that are within the facility's
                                control,
                               (6) A list of the energy savings
                                potential of the energy conservation
                                measures identified, and
                               (7) A comprehensive report detailing the
                                ways to improve efficiency, the cost of
                                specific improvements, benefits, and the
                                time frame for recouping those
                                investments.
------------------------------------------------------------------------

0
23.Table 3 to subpart JJJJJJ is revised to read as follows:
    As stated in Sec.  63.11201, you must comply with the applicable
operating limits:

 Table 3 to Subpart JJJJJJ of Part 63--Operating Limits for Boilers With
                             Emission Limits
------------------------------------------------------------------------
If you demonstrate compliance     You must meet these operating limits
   with applicable emission       except during periods of startup and
      limits using . . .                     shutdown . . .
------------------------------------------------------------------------
1. Fabric filter control.....  a. Maintain opacity to less than or equal
                                to 10 percent opacity (daily block
                                average); OR
                               b. Install and operate a bag leak
                                detection system according to Sec.
                                63.11224 and operate the fabric filter
                                such that the bag leak detection system
                                alarm does not sound more than 5 percent
                                of the operating time during each 6-
                                month period.
2. Electrostatic precipitator  a. Maintain opacity to less than or equal
 control.                       to 10 percent opacity (daily block
                                average); OR
                               b. Maintain the 30-day rolling average
                                total secondary electric power of the
                                electrostatic precipitator at or above
                                the minimum total secondary electric
                                power as defined in Sec.   63.11237.
3. Wet scrubber control......  Maintain the 30-day rolling average
                                pressure drop across the wet scrubber at
                                or above the minimum scrubber pressure
                                drop as defined in Sec.   63.11237 and
                                the 30-day rolling average liquid flow
                                rate at or above the minimum scrubber
                                liquid flow rate as defined in Sec.
                                63.11237.
4. Dry sorbent or activated    Maintain the 30-day rolling average
 carbon injection control.      sorbent or activated carbon injection
                                rate at or above the minimum sorbent
                                injection rate or minimum activated
                                carbon injection rate as defined in Sec.
                                  63.11237. When your boiler operates at
                                lower loads, multiply your sorbent or
                                activated carbon injection rate by the
                                load fraction (e.g., actual heat input
                                divided by the heat input during the
                                performance stack test; for 50 percent
                                load, multiply the injection rate
                                operating limit by 0.5).
5. Any other add-on air        This option is for boilers that operate
 pollution control type..       dry control systems. Boilers must
                                maintain opacity to less than or equal
                                to 10 percent opacity (daily block
                                average).
6. Fuel analysis.............  Maintain the fuel type or fuel mixture
                                (annual average) such that the mercury
                                emission rate calculated according to
                                Sec.   63.11211(c) are less than the
                                applicable emission limit for mercury.
7. Performance stack testing.  For boilers that demonstrate compliance
                                with a performance stack test, maintain
                                the operating load of each unit such
                                that it does not exceed 110 percent of
                                the average operating load recorded
                                during the most recent performance stack
                                test.
8. Oxygen analyzer system....  For boilers subject to a CO emission
                                limit that demonstrate compliance with
                                an oxygen analyzer system as specified
                                in Sec.   63.11224(a), maintain the 30-
                                day rolling average oxygen level at or
                                above the minimum oxygen level as
                                defined in Sec.   63.11237. This
                                requirement does not apply to units that
                                install an oxygen trim system since
                                these units will set the trim system to
                                the level specified in Sec.
                                63.11224(a)(7).
------------------------------------------------------------------------

* * * * *

0
24. Table 6 to subpart JJJJJJ is revised to read as follows:
    As stated in Sec.  63.11211, you must comply with the following
requirements for establishing operating limits:

                                           Table 6 to Subpart JJJJJJ of Part 63--Establishing Operating Limits
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                  And your operating
  If you have an applicable    limits are based on . .         You must . . .                 Using . . .                According to the following
   emission limit for . . .               .                                                                                requirements
--------------------------------------------------------------------------------------------------------------------------------------------------------
1. PM or mercury.............  a. Wet scrubber          Establish site-specific       Data from the pressure drop  (a) You must collect pressure drop
                                operating parameters.    minimum scrubber pressure     and liquid flow rate         and liquid flow rate data every 15
                                                         drop and minimum scrubber     monitors and the PM or       minutes during the entire period of
                                                         liquid flow rate operating    mercury performance stack    the performance stack tests;
                                                         limits according to Sec.      tests.
                                                         63.11211(b).
                                                                                (b) Determine the average pressure
                                                                                drop and liquid flow rate for each
                                                                                individual test run in the three-run
                                                                                performance stack test by computing
                                                                                the average of all the 15-minute
                                                                                readings taken during each test run.
                               b. Electrostatic         Establish a site-specific     Data from the secondary      (a) You must collect secondary
                                precipitator operating   minimum total secondary       electric power monitors      electric power data every 15 minutes
                                parameters.              electric power operating      and the PM or mercury        during the entire period of the
                                                         limit according to Sec.       performance stack tests.     performance stack tests;
                                                         63.11211(b).
                                                                                (b) Determine the average total
                                                                                secondary electric power for each
                                                                                individual test run in the three-run
                                                                                performance stack test by computing
                                                                                the average of all the 15-minute
                                                                                readings taken during each test run.
2. Mercury...................  Dry sorbent or           Establish a site-specific     Data from the sorbent or     (a) You must collect sorbent or
                                activated carbon         minimum sorbent or            activated carbon injection   activated carbon injection rate data
                                injection rate           activated carbon injection    rate monitors and the        every 15 minutes during the entire
                                operating parameters.    rate operating limit          mercury performance stack    period of the performance stack
                                                         according to Sec.             tests.                       tests;
                                                         63.11211(b).
                                                                                (b) Determine the average sorbent or
                                                                                activated carbon injection rate for
                                                                                each individual test run in the
                                                                                three-run performance stack test by
                                                                                computing the average of all the 15-
                                                                                minute readings taken during each
                                                                                test run.
                                                                                (c) When your unit operates at lower
                                                                                loads, multiply your sorbent or
                                                                                activated carbon injection rate by
                                                                                the load fraction (e.g., actual heat
                                                                                input divided by heat input during
                                                                                performance stack test, for 50
                                                                                percent load, multiply the injection
                                                                                rate operating limit by 0.5) to
                                                                                determine the required injection
                                                                                rate.
3. CO........................  Oxygen.................  Establish a unit-specific     Data from the oxygen         (a) You must collect oxygen data
                                                         limit for minimum oxygen      analyzer system specified    every 15 minutes during the entire
                                                         level.                        in Sec.   63.11224(a).       period of the performance stack
                                                                                tests;
                                                                                (b) Determine the average hourly
                                                                                oxygen concentration for each
                                                                                individual test run in the three-run
                                                                                performance stack test by computing
                                                                                the average of all the 15-minute
                                                                                readings taken during each test run.
4. Any pollutant for which     Boiler operating load..  Establish a unit-specific     Data from the operating      (a) You must collect operating load
 compliance is demonstrated                              limit for maximum operating   load monitors (fuel feed     data (fuel feed rate or steam
 by a performance stack test.                            load according to Sec.        monitors or steam            generation data) every 15 minutes
                                                         63.11212(c).                  generation monitors).        during the entire period of the
                                                                                performance test.
                                                                                (b) Determine the average operating
                                                                                load by computing the hourly
                                                                                averages using all of the 15-minute
                                                                                readings taken during each
                                                                                performance test.
                                                                                (c) Determine the average of the
                                                                                three test run averages during the
                                                                                performance test, and multiply this
                                                                                by 1.1 (110 percent) as your
                                                                                operating limit.
--------------------------------------------------------------------------------------------------------------------------------------------------------

0
25. Table 7 to subpart JJJJJJ is revised to read as follows:
    As stated in Sec.  63.11222, you must show continuous compliance
with the emission limitations for each boiler according to the
following:

     Table 7 to Subpart JJJJJJ of Part 63--Demonstrating Continuous
                               Compliance
------------------------------------------------------------------------
     If you must meet the
following operating  limits .       You must demonstrate continuous
             . .                          compliance by . . .
------------------------------------------------------------------------
1. Opacity...................  a. Collecting the opacity monitoring
                                system data according to Sec.
                                63.11224(e) and Sec.   63.11221; and
                               b. Reducing the opacity monitoring data
                                to 6-minute averages; and
                               c. Maintaining opacity to less than or
                                equal to 10 percent (daily block
                                average).
2. Fabric Filter Bag Leak      Installing and operating a bag leak
 Detection Operation.           detection system according to Sec.
                                63.11224(f) and operating the fabric
                                filter such that the requirements in
                                Sec.   63.11222(a)(4) are met.
3. Wet Scrubber Pressure Drop  a. Collecting the pressure drop and
 and Liquid Flow Rate.          liquid flow rate monitoring system data
                                according to Sec.  Sec.   63.11224 and
                                63.11221; and
                               b. Reducing the data to 30-day rolling
                                averages; and
                               c. Maintaining the 30-day rolling average
                                pressure drop and liquid flow rate at or
                                above the minimum pressure drop and
                                minimum liquid flow rate according to
                                Sec.   63.11211.
4. Dry Scrubber Sorbent or     a. Collecting the sorbent or activated
 Activated Carbon Injection     carbon injection rate monitoring system
 Rate.                          data for the dry scrubber according to
                                Sec.  Sec.   63.11224 and 63.11221; and
                               b. Reducing the data to 30-day rolling
                                averages; and
                               c. Maintaining the 30-day rolling average
                                sorbent or activated carbon injection
                                rate at or above the minimum sorbent or
                                activated carbon injection rate
                                according to Sec.   63.11211.
5. Electrostatic Precipitator  a. Collecting the total secondary
 Total Secondary Electric       electric power monitoring system data
 Power.                         for the electrostatic precipitator
                                according to Sec.  Sec.   63.11224 and
                                63.11221; and
                               b. Reducing the data to 30-day rolling
                                averages; and
                               c. Maintaining the 30-day rolling average
                                total secondary electric power at or
                                above the minimum total secondary
                                electric power according to Sec.
                                63.11211.
6. Fuel Pollutant Content....  a. Only burning the fuel types and fuel
                                mixtures used to demonstrate compliance
                                with the applicable emission limit
                                according to Sec.   63.11213 as
                                applicable; and
                               b. Keeping monthly records of fuel use
                                according to Sec.  Sec.   63.11222(a)(2)
                                and 63.11225(b)(4).
7. Oxygen content............  a. Continuously monitoring the oxygen
                                content of flue gas according to Sec.
                                63.11224 (This requirement does not
                                apply to units that install an oxygen
                                trim system since these units will set
                                the trim system to the level specified
                                in Sec.   63.11224(a)(7)); and
                               b. Reducing the data to 30-day rolling
                                averages; and
                               c. Maintaining the 30-day rolling average
                                oxygen content at or above the minimum
                                oxygen level established during the most
                                recent CO performance test.
8. CO emissions..............  a. Continuously monitoring the CO
                                concentration in the combustion exhaust
                                according to Sec.  Sec.   63.11224 and
                                63.11221; and
                               b. Correcting the data to 3 percent
                                oxygen, and reducing the data to 1-hour
                                averages; and
                               c. Reducing the data from the hourly
                                averages to 10-day rolling averages; and
                               d. Maintaining the 10-day rolling average
                                CO concentration at or below the
                                applicable emission limit in Table 1 to
                                this subpart.
9. Boiler operating load.....  a. Collecting operating load data (fuel
                                feed rate or steam generation data)
                                every 15 minutes; and
                               b. Reducing the data to 30-day rolling
                                averages; and
                               c. Maintaining the 30-day rolling average
                                at or below the operating limit
                                established during the performance test
                                according to Sec.   63.11212(c) and
                                Table 6 to this subpart.
------------------------------------------------------------------------

0
26. Table 8 to subpart JJJJJJ is amended by:
0
a. Revising the entry for ``Sec.  63.9''.
0
b. Revising the entry for ``Sec.  63.10(e) and (f)''.
0
c. Adding an entry for ``Sec.  63.10(f)''.
    The revisions read as follows:
* * * * *

           Table 8 to Subpart JJJJJJ of Part 63--Applicability of General Provisions to Subpart JJJJJJ
----------------------------------------------------------------------------------------------------------------
      General  provisions cite                      Subject                            Does it apply?
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Sec.   63.9........................  Notification Requirements............  Yes, excluding the information
                                                                             required in Sec.
                                                                             63.9(h)(2)(i)(B), (D), (E) and (F).
                                                                             See Sec.   63.11225.

                                                  * * * * * * *
Sec.   63.10(e)....................  Additional reporting requirements for  Yes.
                                      sources with CMS.
Sec.   63.10(f)....................  Waiver of recordkeeping or reporting   Yes.
                                      requirements.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2012-31645 Filed 1-31-13; 8:45 am]
BILLING CODE 6560-50-P