[Federal Register: December 6, 2006 (Volume 71, Number 234)]
[Rules and Regulations]
[Page 70651-70665]
[DOCID:fr06de06-6]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-HQ-OAR-2002-0058; FRL-8252-2]
RIN 2060-AN32

National Emission Standards for Hazardous Air Pollutants for
Industrial, Commercial, and Institutional Boilers and Process Heaters:
Reconsideration of Emissions Averaging Provision and Technical
Corrections

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; notice of final action on reconsideration.

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SUMMARY: EPA is promulgating amendments to the National Emission
Standards for Hazardous Air Pollutants (NESHAP) for Industrial,
Commercial, and Institutional Boilers and Process Heaters. After
promulgation of this final rule, the Administrator received petitions
for reconsideration of certain provisions in the final rule.
Subsequently, EPA published a notice of the reconsideration and
requested public comment on proposed amendments to the NESHAP. After
evaluating public comments, we are adopting each of the amendments that
we proposed.

DATES: This final rule is effective on February 5, 2007. The
incorporation by reference of certain publications listed in this final
rule is approved by the Director of the Office of Federal Register as
of February 5, 2007.

ADDRESSES: EPA has established a docket for this action under docket ID
No. EPA-HQ-OAR-2002-0058. All documents in the docket are listed on the
http://www.regulations.gov Web site. Although listed in the index, some

information is not publicly available, e.g., confidential business
information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the Internet and will be publicly available only in hard
copy form. Publicly available docket materials are available either
electronically through http://www.regulations.gov or in hard copy at

the Air and Radiation Docket and Information Center, EPA/DC, EPA West
Building, Room B102, 1301 Constitution Ave., NW., Washington, DC. The
Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is<PHONE_NUMBER>, and the telephone number for the Air
Docket is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Mr. James Eddinger, Energy Strategies
Group, Sector Policies and Programs Division (D243-01), Environmental
Protection Agency, Research Triangle Park, North Carolina 27711;
telephone number:<PHONE_NUMBER>, fax number:<PHONE_NUMBER>, e-mail
address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:
    Regulated Entities. Categories and entities potentially regulated
by the final rule:

------------------------------------------------------------------------
                                                        Examples of
             Category                NAICS code    potentially regulated
                                                          entities
------------------------------------------------------------------------
Any industry using a boiler or                321  Manufacturers of
 process heater in the final rule.                  lumber and wood
                                                    products.
                                              322  Pulp and paper mills.
                                              325  Chemical
                                                    manufacturers.
                                              324  Petroleum refiners
                                                    and manufacturers of
                                                    coal products.
                                    316, 326, 339  Manufacturers of
                                                    rubber and
                                                    miscellaneous
                                                    plastic products.
                                              331  Steel works.
                                              332  Electroplating,
                                                    plating, polishing,
                                                    anodizing, and
                                                    coloring.
                                              336  Manufacturers of
                                                    motor vehicle parts
                                                    and accessories.
                                              221  Electric, gas, and
                                                    sanitary services.
                                              622  Health services.
                                              611  Educational Services.
------------------------------------------------------------------------

    This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be regulated by this
final rule. To determine whether your facility would be regulated by
this final rule, you should carefully examine the applicability
criteria in 40 CFR 63.7485 of this final rule. If you have any
questions regarding the applicability of this final rule to a
particular entity, contact the person listed in the preceding FOR
FURTHER INFORMATION CONTACT section.
    WorldWide Web (WWW). In addition to being available in the docket,
an electronic copy of this final rule will be available on the WWW
through the Technology Transfer Network Web site (TTN). EPA has posted
a copy of the final rule on the TTN's policy and guidance page for
newly proposed or promulgated rules at http://www.epa.gov/ttn/oarpg.

The TTN provides information and technology exchange in various areas
of air pollution control.
    Judicial Review. Under section 307(b)(1) of the Clean Air Act
(CAA), judicial review of the final rule is available only by filing a
petition for review in the U.S. Court of Appeals for the District of
Columbia Circuit by February 5, 2007. Under CAA section 307(d)(7)(B),
only an objection to the final rule that was raised with reasonable
specificity during the period for public comment can be raised during
judicial review. Moreover, under CAA section 307(b)(2), the
requirements established by today's final action may not be challenged
separately in any civil or criminal proceedings brought by EPA to
enforce these requirements.
    Background Information Document. EPA proposed and provided notice
of the reconsideration of the NESHAP for industrial, commercial, and
institutional boilers and process heaters on October 31, 2005 (70 FR
62264) and received 17 comment letters on the proposal. A memorandum
``National Emission Standards for Hazardous Air Pollutants for
Industrial, Commercial, and Institutional Boilers and Process Heaters,
Summary of Public Comments and Responses to GE Petition and
Reconsideration of the Final Rule,'' containing EPA's responses to each
public comment is available in Docket No. EPA-HQ-OAR-2002-0058.

    Organization of this document: The information presented in this
preamble is organized as follows:

I. Statutory Authority for the Final Rule
II. Background
III. What changes are included in this final rule?
    A. American Society for Testing and Materials (ASTM) Test
Methods
    B. Utility Steam Generating Units
    C. Fuel Analysis Requirement
    D. Consolidated Testing
    1. Compliance With Consolidated Testing
    2. Monitoring of Common Stack
    3. Emissions Averaging when Units in Different Subcategories are
Ducted to Common Stack
    4. Continuous Compliance With the Emissions Averaging Provision
    5. Monthly Compliance Demonstrations and Calculations
    E. Definitions
IV. Responses to Significant Comments
    A. Scope of Emissions Averaging Provision
    B. Compliance Testing and Monitoring
    C. Definitions
    D. Testing Methods
V. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act
    D. Unfunded Mandates Reform Act
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children From
Environmental Health and Safety Risks
    H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act
    J. Congressional Review Act

I. Statutory Authority for the Final Rule

    Section 112 of the Clean Air Act (CAA) requires us to list
categories and subcategories of major sources and area sources of
hazardous air pollutant (HAP) and to establish NESHAP for the listed
source categories and subcategories. Industrial boilers, commercial and
institutional boilers, and process heaters were listed on July 16, 1992
(57 FR 31576). Major sources of HAP are those that have the potential
to emit greater than 10 tons per year (tpy) of any one HAP or 25 tpy of
any combination of HAP.

II. Background

    On September 13, 2004 (69 FR 55218), we promulgated the NESHAP for
industrial, commercial, and institutional (ICI) boilers and process
heaters (Boilers NESHAP) as subpart DDDDD of 40 CFR part 63 under
section 112(d) of the CAA. The NESHAP contain technology-based
emissions standards reflecting the maximum achievable control
technology and a health-based compliance alternative for certain
threshold pollutants. We proposed these standards for ICI boilers and
process heaters on January 13, 2003 (68 FR 1660).
    In the preamble for the January 2003 proposed rule, we discussed
our consideration of a bubbling compliance alternative and requested
comment on incorporating a bubbling compliance alternative (i.e.,
emission averaging) into this final rule as part of EPA's general
policy of encouraging the use of flexible compliance approaches where
they can be properly monitored and enforced. (See 68 FR 1686.) Industry
trade associations, owners/operators of boilers and process heaters,
State regulatory agencies, local government agencies, and environmental
groups submitted comments on the emissions averaging approach. We
received a total of 40 public comment letters regarding the emissions
averaging approach in the proposed rule during the comment period. We
summarized major public comments on the proposed emissions averaging
approach, along with our responses to those comments, in the preamble
to the final rule (69 FR 55238) and in the memorandum ``Response to
Public Comments on Proposed Industrial, Commercial, and Institutional
Boilers and Process Heaters NESHAP (Revised)'' (RTC Memorandum) which
was placed in the docket for the final rule.
    In the September 2004 final rule, we adopted an emissions averaging
provision for existing large solid fuel boilers. The procedures that
affected sources must use to demonstrate compliance through emissions
averaging were promulgated at 40 CFR 63.7522. (See 69 FR 55257.) For
each existing large solid fuel boiler in the averaging group, the
emissions are capped at the emission level being achieved on the
effective date of the final rule (November 12, 2004). Under emissions
averaging provision in the 2004 final rule, compliance must be
demonstrated on a 12-month rolling average basis, determined at the end
of every calendar month. If a facility uses this option, it must also
develop and submit an implementation plan to the applicable regulatory
authority for review and approval no later than 180 days before the
date that the facility intends to demonstrate compliance.
    Following promulgation of the emissions averaging provision in the
final rule, the Administrator received a petition for reconsideration
pursuant to section 307(d)(7)(B) of the CAA from General Electric (GE).
Under this section, the Administrator is to initiate reconsideration
proceedings if the petitioner can show that it was impracticable to
raise an objection to a rule within the public comment period or that
the grounds for the objection arose after the public comment period.
    GE requested that EPA reconsider portions of the emissions
averaging provision that it believes could not have been practicably
addressed during the public comment period. In the alternative, GE
requested clarification that the final rule already allows for
consolidated testing of commonly vented boilers. By a letter dated
April 27, 2005, we informed GE that we intended to grant their petition
for reconsideration. On October 31, 2005, we published a notice of
reconsideration and proposed amendments to the final rule (70 FR
62264).
    In the notice of reconsideration of the emissions averaging
provision, we proposed amendments to 40 CFR 63.7522 and solicited
comment in the following areas: (1) Allowing testing of a common stack
in situations where each of the units vented to the common stack are in
the existing solid fuel subcategory; (2) treating a group of boilers
that vent through a common emissions control system to a common stack
as a single existing solid fuel boiler for the purpose of subpart DDDDD
of 40 CFR part 63; (3) treating a group of boilers that vent through
more than one common emissions control system as distinct units and
requiring individual compliance testing according to the methods
specified in Table 8 to subpart DDDDD; (4) demonstrating compliance
with opacity limits using a single continuous opacity monitoring system
(COMS) located in the common stack if each of the boilers venting to
the common stack has an applicable opacity limit; (5) treating certain
common stack situations as a single emission point for purposes of
averaging emissions with other existing large solid fuel boilers
located at the facility.
    In addition, our October 31, 2005 notice of proposed rulemaking
included several corrections to subpart DDDDD of 40 CFR part 63 that
were not related to emissions averaging. Several clarifying amendments
addressed: (1) The applicability of firetube boilers in the small unit
subcategories and limited use subcategories; (2) the definitions of
firetube and watertube boilers with respect to ``hybrid boilers''; and
(3) the equivalent methods allowed in Table 6 to subpart DDDDD. The
proposed corrections include language that: (1) Excludes electric
utility steam

generating units that are covered by 40 CFR part 60, subpart Da or 40
CFR part 60, subpart HHHH; (2) adds Equation 4A to subpart DDDDD for
calculating a 12-month rolling average emission rate when using the
emissions averaging option; (3) requires an oxygen monitor to be
installed when a carbon monoxide monitor is required by the rule; and
(4) updates American Society of Testing and Materials (ASTM) test
methods in Table 6 to subpart DDDDD.
    A comprehensive response to public comments is available in a
document entitled ``National Emission Standards for Hazardous Air
Pollutants for Industrial, Commercial, and Institutional Boilers and
Process Heaters, Summary of Public Comments and Responses to GE
Petition and Reconsideration of the Final Rule,'' which can be found in
the docket (Docket No. EPA-HQ-OAR-2002-0058).

III. What Changes Are Included in This Final Rule?

    In this final action, we are making a limited number of corrections
and amendments to 40 CFR 63.14 and sections 63.7491, 63.7510, 63.7522,
63.7525, 63.7540, 63.7541, 63.7575, and Table 6 of subpart DDDDD
consistent with our October 2005 proposal. These changes improve and
clarify the procedures for implementing the emissions averaging
provision and for conducting compliance testing when boilers are vented
to a common stack. Among other technical corrections, we also are
clarifying several definitions to help affected sources classify
``limited use'' and ``hybrid'' boilers. We have modified some of
regulatory language that we proposed based on public comments, but
overall, we are adopting amendments to the emission averaging provision
and other provision in subpart DDDDD that are in substantially the same
form as what we proposed in October 2005.

A. American Society for Testing and Materials (ASTM) Test Methods

    We are adopting the proposed revisions relating to ASTM test
methods without change. As suggested by the ASTM, we are amending Table
6 to subpart DDDDD to reflect updated ASTM test methods. Similar
changes are also being made to 40 CFR 60.14 (Incorporation by
Reference) of the General Provisions. Additionally, we are publishing
in Table 1 of this preamble a list of testing methods that EPA
previously reviewed and approved for use as ``alternative'' methods
that are considered ``equivalent'' for the purpose of Table 6 to
subpart DDDDD.

  Table 1.--List of Equivalent Methods Approved as of February 15, 2005
------------------------------------------------------------------------
                                              EPA-approved  equivalent
           Pollutant or Analyte                        method
------------------------------------------------------------------------
Arsenic...................................  SW-846-7060.\a\
                                            SW-846-7060A.
Chlorine..................................  ASTM D2361.
Hydrogen Chloride.........................  SW-846-5050.
                                            SW-846-9056.
                                            SW-846-9076.
                                            SW-846-9250.
                                            ASTM E776-87.
Mercury...................................  EPA Method 1631E.
                                            SW-846-1631.
                                            ASTM D6722-01.
                                            EPA 821-R-01-013.
Higher Heating Value......................  ASTM E711-87 (1996).
                                            ASTM D240.
Moisture content of Coal Fuel.............  ASTM D2691-95.
Moisture Analysis.........................  EPA 160.3 Mod.
Digestion Procedure.......................  EPA-821-R-01-03.
                                            ASTM D586 (Dry Ash method).
Sample Preparation for TSM................  SW-846-3050B.
Sample Preparation and Digestion for TSM..  SW-846-3050.
                                            TAPPI T266.
Sample Preparation and Grinding...........  ASTM E829-94.
Selenium..................................  SW-846-7740.
Total Selected Metals.....................  EPA 200.8.
                                            ASTM D6357-04.
                                            ASTM D4606-03.
                                            EPA 7060A.
                                            SW-846-6020A.
                                            SW-846-6020.
------------------------------------------------------------------------
\a\ http://www.epa.gov/epaoswer/[fxsp0]hazwaste/test/sw846.htm.

    This table is not meant to be exhaustive, because the list of
equivalent methods is dynamic. This table is meant to serve as guidance
for the methods that have been approved to date. We emphasize that
equivalent methods may be used in lieu of the prescribed methods in
Table 6 to subpart DDDDD at the discretion of the source owner or
operator. Therefore, maintaining a list of ``approved methods'' in the
final rule is not necessary. Similarly, approval of equivalent methods
by EPA or the delegated implementation authority is not necessary.

B. Utility Steam Generating Units

    We are adopting the regulatory language that we proposed to avoid
overlapping coverage between subpart DDDDD of 40 CFR part 63 and other
rules that apply to certain types of electric utility steam generating
units. The types of boilers and process heaters that are not subject to
subpart DDDDD are listed in 40 CFR 63.7491. Our intention was to exempt
from subpart DDDDD any units that are already or will be subject to
regulation for HAP under another standard. (See 69 FR 1663.) Because
regulations relating to electric utility steam generating units were
under development at the time of promulgation of subpart DDDDD, we were
unable to reference a specific rule citation that applied to electric
utility steam generating units. Instead, subpart DDDDD excluded
electric utility steam generating units by using only the definition of
electric utility steam generating units contained in section 112(a)(8)
of the CAA.
    On May 18, 2005, EPA promulgated the Clean Air Mercury Rule (70 FR
28606). In that rule, EPA established standards of performance for
mercury (40 CFR part 60, subpart Da) from new electric utility steam
generating units, as well as mercury emission guidelines for existing
electric utility steam generating units (40 CFR part 60, subpart HHHH).
After that rule was promulgated, it was brought to our attention that
the scope of the exclusion in subpart DDDDD of 40 CFR part 63 for
electric utility steam generating units was unclear. Confusion resulted
because 40 CFR part 60, subparts Da and HHHH, employ different
definitions to determine applicability. (See 70 FR at 28609.) Thus, to
clarify applicability of subpart DDDDD, we are amending 40 CFR
63.7491(c) to exclude ``an electric utility steam generating unit
(including a unit covered by 40 CFR part 60, subpart Da) or a Mercury
Budget unit covered by 40 CFR part 60, subpart HHHH.''

C. Fuel Analysis Requirement

    We received a comment raising the question of whether we intended
for units which combust only a single fuel type to be required to
conduct fuel analysis when demonstrating compliance through performance
(stack) testing, as required by 40 CFR 63.7510(a). Our intent, as
stated in the September 2004 preamble to the final rule (69 FR 55225),
was that ``Units burning only a single fuel type (not including startup
fuels) do not need to determine, by fuel analysis, the fuel inlet
operating limit when conducting performance tests.'' In this final
action, we are adding similar language to 40 CFR 63.7510(a) to make
this understanding explicit in the text of our regulations. This change
was not included among the corrections we proposed in October 2005.
However, since this revision is based on language in the September 2004
preamble that has not given rise to any objection, we are adopting this
correction as part of this final rule.

D. Consolidated Testing and Emissions Averaging

    The current language for the emissions averaging option in 40 CFR
63.7522 requires testing of each individual boiler in the averaging
group. Our intent with regard to the emissions averaging option in the
final rule was to provide an equivalent, more flexible, and less costly
compliance alternative. Since testing emissions from a common stack for
a group of boilers would be equivalent to the average emissions
calculated from emissions tests on each individual boiler, we are
amending subpart DDDDD of 40 CFR part 63 to allow testing of emissions
at the common stack under specified situations described below.
    Consolidated testing of the common stack must be conducted when
each boiler is operated under representative testing conditions as
specified in the National Stack Testing Guidance issued by EPA on
September 30, 2005.
    The amendments to 40 CFR 63.7522 adopted in this action are
substantially the same as what we proposed in October 2005. However,
based on public comments, we have modified some of the proposed
language and added some conforming amendments to other provisions of
subpart DDDDD of 40 CFR part 63 that relate to emissions averaging.
1. Compliance With Consolidating Testing
    GE sought clarification on the consolidated testing procedures
necessary to demonstrate compliance in two different common stack
situations. In one situation, the exhaust from three existing large
solid fuel boilers are combined and vented through a common emissions
control system to a common stack. In the other situation, the exhaust
from two existing large solid fuel boilers are each individually
controlled prior to being vented to a common stack. In the revised
regulatory provisions set forth below, we are amending this final rule
to clarify how to demonstrate compliance under these two circumstances.
The final amendments address these two circumstances in the same way
that we proposed in October 2005.
    In the first situation, a group of units that share a common
control device before venting to a common stack is treated as a single
source. In such situations, an operator can demonstrate compliance by
testing at the common stack without using the emissions averaging
equations in 40 CFR 63.7522 for each unit or submitting an
implementation plan. We are also adding language in section 63.7522(k)
of subpart DDDDD to clarify that the common stack situations described
above may be treated as a separate single emission point for purpose of
including these units in an emissions averaging group with other
existing large solid fuel boilers located at the facility.
    We are adopting a slightly different approach for averaging
emissions from groups of affected units that vent to a common stack
through more than one emissions control system. These distinct
approaches are necessary to ensure that a source with more than one
emissions control system demonstrates continuous compliance at each
emissions control system. Where a group of boilers vents to a common
stack through more than one emission control system, continuous
compliance will be demonstrated according to the methods specified in
Table 8 to subpart DDDDD.
2. Monitoring of Common Stack
    In this final action, we are adding an amendment to section 63.7541
of subpart DDDDD to address the COMS requirements for facilities
participating in the emissions averaging option. If each of the boilers
venting to a common stack has an applicable opacity operating limit, a
dry control system, and no units from other subcategories or
nonaffected units vent to the common stack, then a single COMS may be
located in the common stack instead of each duct to the common stack.
Alternately, if any of the boilers venting to the common stack does not
have an applicable opacity operating limit, but each of the existing
solid fuel units is equipped with a dry control system and no
nonaffected units vent to the common stack, a COMS monitor may be
located at the common stack instead of each duct to the common stack.
We amended 40 CFR 63.7541 to allow for a COMS monitor at the common
stack in this situation.
    We discussed this approach in the October 2005 proposal (70 FR at
62268), but did not include any regulatory language in that action.
Commenters requested that we make explicit in our regulations that this
practice is permissible when sources elect to demonstrate compliance
using emissions averaging.
3. Emissions Averaging When Units in Different Subcategories Are Ducted
to Common Stack
    In response to the GE petition for reconsideration, we proposed
amendments that would limit the emissions averaging provision to common
stack scenarios that contained solely units in the existing large solid
fuel subcategory. In this final action, we have decided to expand the
emissions averaging provision to allow units in the existing large
solid fuel subcategory to conduct performance tests at the end of a
common stack configuration with affected units from other subcategories
and nonaffected units under specific circumstances.
    As a result of public comments submitted, we now recognize that
affected units from several subcategories (e.g., both gas and solid
fuel fired units) and nonaffected units are sometimes ducted to a
common stack. To address these situations, we are adopting a revised
amendment to the emissions averaging provision in 40 CFR 63.7522 that
allows consolidated testing of units in the existing large solid fuel
subcategory as long as the commonly vented units from other
subcategories and nonaffected units follow specific procedures during
the consolidated compliance test.
    The emissions averaging provision is only applicable to units in
the existing large solid fuel subcategory. EPA did not find cause to
promulgate emissions limitations for many of the subcategories of
existing units. However, new units are subject to different emissions
limitations than existing units. These differing emissions limitations
make it difficult to allow consolidated testing of emissions from
sources in different subcategories under an emissions averaging
approach.
    However, to eliminate this obstacle to consolidated testing when
existing large solid fuel units may share a duct or stack with units in
other subcategories or nonaffected units covered by another NESHAP
category, we are requiring facilities to shut down, or vent to a
different stack, affected boilers or process heaters in other
subcategories or nonaffected units in other categories prior to
performing a consolidated compliance test for the units in the large
solid fuel subcategory. Testing of a common stack in these situations
will measure the average emissions from the averaging group of existing
large solid fuel units, just as if each boiler in the large solid fuel
subcategory was tested individually and their emissions averaged. By
requiring the affected units from other subcategories or nonaffected
units to be shut off, or vented to a different stack, during testing,
the consolidated testing for certain stack configurations allows the
group of existing large solid fuel boilers to demonstrate initial
compliance at a lower cost.
    Allowing the testing of a common stack under these conditions also

satisfies the criteria discussed in the September 2004 preamble to the
final rule (69 FR 55239) that EPA has generally imposed on the scope
and nature of emissions averaging programs. These criteria include: (1)
No averaging between different types of pollutants, (2) no averaging
between sources that are not part of the same major source, (3) no
averaging between sources within the same major source that are not
subject to the same NESHAP, and (4) no averaging between existing
sources and new sources. This final rule fully satisfies each of these
criteria.
    The provision promulgated in this action only allows averaging of
emissions from existing units in the large solid fuel subcategory.
Emissions from units that are shut down or vented elsewhere during
compliance testing are not included in the average or co-mingled with
the emissions that are the focus of the test.
4. Continuous Compliance With the Emissions Averaging Provision
    As a result of this expansion to the emissions averaging provision,
we had to establish continuous compliance procedures with this
provision to address common stack scenarios with units from multiple
subcategories or nonaffected units. In this final rule, we are also
amending 40 CFR 63.7541 to establish continuous compliance procedures
under the emissions averaging provision for common stack configurations
with different subcategories or nonaffected units. These amendments
require affected units to maintain 3-hour average parametric limits on
all the control devices for existing large solid fuel boilers venting
to a common stack. The parametric limits will ensure that the control
devices continue to operate under the conditions established during the
initial compliance test. These amendments establish continuous
compliance requirements for common stack configurations that were not
previously eligible to comply with the emissions averaging provision.
5. Monthly Compliance Demonstrations and Calculations
    This final rule includes several additional amendments to
subsections (d), (e), and (f) of section 63.7522 that were recommended
in public comments. These amendments clarify that, under the emissions
averaging provision, continuous compliance must be demonstrated at the
end of every month (12 times per year). In addition, we have made
several corrections to the formulas used in emissions averaging
calculations. Additional details on these amendments are reflected in
the Response-to-Comments document that is available in Docket No. EPA-
HQ-OAR-2002-0058.

E. Definitions

    In the October 2005 notice, we proposed to add or amend several
definitions in subpart DDDDD of 40 CFR part 63 to clarify our intent
and correct inadvertent omissions. In this final action, we are
adopting modified versions of several definitions based on public
comments. In addition, we are promulgating three additional definitions
to provide additional clarity requested by commenters.
    We have added a definition for ``common stack'' similar to the
definition provided in 40 CFR part 72 at the request of some of the
commenters.
    We have also added a definition for ``voluntary consensus
standards'' since this term is used to define ``equivalent'' as this
term is used in Table 6 of subpart DDDDD. We are adopting the same
definition of ``equivalent'' that we proposed, but we have added
language to Table 6 of subpart DDDDD to clarify that equivalent methods
may be used in lieu of the prescribed methods in Table 6 at the
discretion of the source owner or operator.
    The definitions for both ``firetube boiler'' and ``watertube
boiler'' are amended to include criteria for classifying boilers
designed with both firetubes and watertubes, commonly referred to as
``hybrid boilers.'' Based on comments, we are adopting a modified
definition of firetube boiler to include boilers that utilize a
containment shell that encloses firetubes and allows the water to
vaporize and steam to separate. We have also modified the definition of
watertube boilers that we proposed to include boilers that incorporate
a steam drum with tubes connected to the drum to separate steam from
water.
    We have amended the proposed definitions for both small gaseous and
small liquid fuel subcategories to clarify that these subcategories
include all firetube boilers, regardless of size, as well as other
types of boilers with a rated capacity of 10 million MMBtu per hour
heat input or less. We have amended the definitions to clarify our
intent that firetube boilers greater than 10 MMBtu per hour heat input
are still part of the small subcategory.
    We have also added an amendment to the definitions for both the
small and large gaseous fuel subcategories to allow for units in these
two categories to periodically test using liquid fuel as long as the
tests do not exceed a combined total of 48 hours during any calendar
year. This allowance was adopted because of the need to test an
emergency fuel in order to ensure that the unit could effectively
operate using the emergency fuel during a period of gas curtailment.
California regulations stipulate a 48-hour limit on this periodic
testing on emergency fuels, and we have adopted their precedent.
    We are also amending the definition of ``fuel type'' in response to
a comment we received. Questions have been raised on whether we
intended for units that may burn evidence seized in drug raids as a
public service for a variety of enforcement agencies to test these
materials as part of the compliance testing requirements. It is
reportedly exceedingly difficult to arrange for a test of these
materials given the security that surrounds them. Also, facilities have
been approached about burning retired U.S. flags. Burning is the
preferred mode of disposal of retired U.S. flags. Since we did not
intend to include contraband materials, or U.S. flags, as a fuel when a
facility is conducting performance tests or fuel analyses to
demonstrate compliance, we are amending the definition of ``fuel type''
to include the statement ``Contraband, prohibited goods, or retired
U.S. flags, burned at the request of a government agency, are not
considered a fuel type for the purpose of this subpart.'' We do not
classify facilities designed and operated for energy recovery as
commercial and industrial solid waste incinerators if they combust
small amounts of others materials. (See 70 FR 55568, 55575; September
22, 2005.)
    A revision to the definition of ``fuel type'' was not included
among the corrections that we proposed. However, since this amendment
addresses a de minimis situation that supports law enforcement efforts
and respect for a national symbol, we are adopting this correction in
this final action.

IV. Responses to Significant Comments

    We received 17 public comment letters on the proposed rule and
notice of reconsideration. Complete summaries of all the comments and
EPA responses are found in the Response-to-Comments document (see
SUPPLEMENTARY INFORMATION section). The most significant comments are
summarized below.

A. Scope of Emissions Averaging Provision

    Comment: Several commenters requested that EPA expand the common
stack testing option to include common stack configurations with groups
of boilers from different subcategories or units not subject to the
boiler NESHAP. Two of these commenters added that in

many situations the layout of boilers and ductwork to common stacks
make it impractical to perform emissions testing on each individual
boiler venting to the common stack due to a lack of appropriate
sampling location and duct configurations. One commenter (OAR-2002-
0058-0722) added that in order to test each individual unit a source
would have to build a temporary testing system of stacks and ductwork
to demonstrate initial compliance, and this temporary system would
still not be suitable for demonstrating continuous compliance. The
commenter contended that without expanding the testing to groups of
boilers from different source categories venting to a common stack, the
NESHAP would require a source to reconfigure its ductwork and build new
stacks.
    One commenter approved of EPA's amendments to allow common stack
performance testing under the circumstances provided in the proposed
amendments.
    Response: We agree in part with the commenters' recommendation and
have modified the rule to allow performance testing to be conducted at
the end of stacks that receive emissions from boilers from different
subcategories and nonaffected units in other NESHAP categories, as long
as the emissions from these other units are stopped or redirected as
described further below. However, we do not consider it appropriate to
allow averaging of emissions from units in other subcategories or
nonaffected units or consolidated testing of co-mingled emissions from
units in other subcategories or nonaffected units. EPA has generally
imposed limits on emissions averaging programs, which includes no
averaging between emission units that are not part of the same source
category. Since these units are generally subject to different
emissions limitations, averaging or co-mingling of emissions would not
provide a reliable demonstration of compliance with the applicable
emissions limitation for those sources in a particular category or
subcategory.
    Nevertheless, we do consider it appropriate under specified
conditions described further below to allow testing at the end of the
common stack for existing large solid fuel units at facilities with
stack configurations that contain units from other subcategories (e.g.,
gas-fired units) and nonaffected units. EPA has established a clear and
enforceable method for demonstrating initial, annual, and continuous
compliance when units of different subcategories and nonaffected units
vent to a common stack. Further, extending the common stack testing
option to these stack configurations will not cause adverse effects to
human health or the environment. The total emissions out of the stack
will not increase as a result of this extension and compliance with the
emission limits of each unit feeding the common stack will be
determined by parametric limits on the control device through which the
units vent to the common stack.
    Facilities that have common stack configurations consisting of
units subject to the boiler NESHAP and units from other source
categories also have the prerogative to petition for alternate testing
and compliance plans on a site-specific basis.

B. Compliance Testing and Monitoring

    Comment: Several commenters suggested an alternative methodology to
meet the requirements of initial and annual compliance tests for units
opting to use the emissions averaging provision. These commenters
suggested that during the initial and subsequent annual compliance
tests, all boilers venting to the common stack that are not subject to
emission limits be turned off (i.e. gas-fired units or nonaffected
units). These commenters suggested that shutting down units of
different subcategories or nonaffected units would satisfy the
requirements of the boiler NESHAP. One commenter added that these
methods will still provide reliable test data to the regulatory
authorities to demonstrate compliance. One commenter added that since
many large solid fuel units share a stack with gas-fired units, the
NESHAP, as proposed in the notice of reconsideration, would require
individual performance testing on each large solid fuel boiler, which
would greatly increase the costs of testing compliance and increase
system downtime.
    Response: We agree that turning off units from other subcategories
(e.g., gas-fired units) and nonaffected units during the testing
period, satisfies the requirements of the boiler NESHAP emissions
averaging provision. Allowing the testing of a common stack, when units
from other subcategories and nonaffected units are turned off satisfies
the criteria that EPA has generally imposed on the scope and nature of
emissions averaging programs. These criteria include: (1) No averaging
between different types of pollutants, (2) no averaging between sources
that are not part of the same major source, (3) no averaging between
sources within the same major source that are not subject to the same
NESHAP, and (4) no averaging between existing sources and new sources.
The provision promulgated in this action only allows averaging of
emissions from existing units in the large solid fuel subcategory.
Emissions from units that are shut down or vented elsewhere during
compliance testing are not included in the average or co-mingled with
the emissions that are the focus of the test.
    Facilities that have common stack configurations, with units
subject to the boiler NESHAP and nonaffected units, have the
prerogative to petition for alternate testing and compliance plans on a
site-specific basis. The type of testing discussed here is one example
of an alternate testing and compliance plan that a facility would
petition for on a site-specific basis. We have adjusted the rule
language in 40 CFR 63.7522(h) to allow for shutting down units from
other subcategories and nonaffected units to demonstrate compliance
with the emissions averaging provision when units belonging to
different subcategories of the boiler NESHAP and nonaffected units vent
to the same stack as large solid fuel boilers.
    Comment: Two commenters suggested that parametric limits be set on
all control devices used on solid fuel fired units and that these
parametric limits be used to demonstrate continuous compliance with the
emissions averaging provision of the boiler NESHAP. These commenters
added that parametric limits on the control devices for existing large
solid-fuel boilers would ensure that these control devices operated
under the conditions established during the initial compliance test and
provide a defensible way to demonstrate continuous compliance with the
emissions averaging provision of the boiler NESHAP. One commenter
suggested that parametric compliance limits be set on any control
device in the group of units sharing a common stack, regardless of
whether the conditions are wet or dry in the stack.
    Response: We agree that setting parametric limits on all control
devices for existing large solid-fuel boilers venting to a common stack
is an acceptable method for demonstrating continuous compliance with
the emissions averaging provision of the boiler NESHAP. These
parametric limits are a clear and enforceable method of demonstrating
compliance. We have adjusted the rule language in 40 CFR 63.7541 to
allow for a facility to demonstrate continuous compliance under the
emissions averaging provision by using parametric limits on the control
devices of existing large solid fuel units venting to a common stack.

    Comment: One commenter requested that EPA allow for a COMS at a
common stack even when a source does not make use of the emissions
averaging provision and opts to do performance testing on individual
boilers. The commenter added that this regulatory flexibility will
reduce compliance costs and maintain adequate levels of emissions
monitoring.
    Two commenters requested that EPA clarify 40 CFR 63.7525(b) to
allow a COMS to be located at the common stack, regardless of whether
the group of boilers sharing a common stack consists of boilers of
different subcategories. One commenter suggested that it did not
believe EPA intended to require a COMS on individual units sharing a
common stack. The commenter added that it is impractical, due to a lack
of space or adequate location, to install individual COMS monitors in
the duct work for groups of boilers that share a common stack. The
commenter cites 40 CFR part 60, appendix B, Performance Specification
(PS)-1, to reference that in many cases this requirement has been
satisfied by placing a COMS on the common stack.
    One commenter suggested that language be added to 40 CFR
63.7522(j)(3) to indicate that a COMS monitor is required at a common
stack, even when each individual boiler unit has a separate opacity
operating limit. The commenter is concerned that without additional
language, 40 CFR 63.7522(j)(3) could be misinterpreted to require a
COMS in each duct leading to the common stack. The commenter noted that
although there is discussion of this intent in the preamble (70 FR
62268), the commenter suggested that there be language added to this
effect in the actual rule text. The commenter also suggested that
language be added to 40 CFR 63.7541(a)(2) to clarify that a single COMS
monitor for a group of units that each vents through a unique control
system and then to a common stack. The commenter suggested this
language is necessary so that this group of units is treated similarly
to a group of units venting through a common control device to a common
stack with respect to the requirements of a COMS.
    Response: We agree with these suggestions as long as all units
feeding the common stack are in the existing large solid fuel
subcategory. The emissions averaging provision was intended to be an
option for affected facilities to allow for increased regulatory
flexibility. We reiterate here that if a source chooses to do
performance testing for HAP emissions at each individual unit, the
source is still eligible to locate a COMS monitor on the common stack
as long as all the units feeding the common stack are in the existing
large solid fuel subcategory.
    We disagree with the commenter's suggestion to allow for a COMS
monitor to be located at the common stack when groups of boilers from
different affected subcategories or nonaffected units are feeding the
stack. We also disagree with allowing a single COMS unit to be placed
on the common stack if the units feeding the common stack belong to
other source categories.

C. Definitions

    Comment: Several commenters requested that EPA modify the
definitions of firetube and watertube boilers to account for hybrid
boilers. The commenters suggested that EPA make the distinction between
the two units based on the location of the containment or steam
separation system in the unit in order to clarify the basic difference
between fire tube and water tube units. Three commenters added that
water tube units incorporate a steam drum, which provides for steam
separation from water, whereas a fire tube unit uses a containment
shell, inside which the water vaporizes and steam separates. One
commenter suggested that a water tube boiler be defined as a boiler
that has a water tube type of steam drum, with no additional heat
exchange surface in the form of fire tubes running through the drum.
The commenter suggested that a fire tube boiler be defined as any
hybrid type of boiler where steam separation takes place in a vessel
that also contains fire tubes that provide the major heat input to the
water. The commenter added that this approach will simplify
interpretation of this definition. Two commenters requested that EPA
adopt the following addition to the definition of firetube boiler to
account for hybrid boilers: ``All owners or operators of hybrid boilers
that have been registered/certified by the National Board of Boiler and
Pressure Vessel Inspectors and/or the State as firetube boilers as
indicated by ``Form P-2'' (Manufacturers Data Report For All Types of
Boilers Except Watertube and Electric As Required by the Provisions of
the American Society of Mechanical Engineers (ASME) Code Rules, Section
I) shall be considered small units for the purpose of this subpart.''
    Response: We agree with the distinction between a firetube and
watertube boiler using the criteria of whether a unit has a containment
shell or a steam drum. We consider the ASME Code Rules and Forms to be
an acceptable and established method for classifying vessel types. We
have modified the proposed definitions of watertube and firetube
boilers to allow a facility to classify its hybrid vessel by one of two
methods: (1) Determining whether or not the unit has a steam drum or
containment system, or (2) the indication of firetube boiler on the
ASME P-2 form.
    Comment: Two commenters requested that the definition for large
gaseous fuel units be changed to allow for units to combust oil during
periods of natural gas supply emergencies or natural gas curtailment.
The commenters added that if the unit combusts oil for periodic testing
under these circumstances, this unit should not be automatically
categorized in the large oil fuel subcategory.
    Response: We agree that it is necessary for gas-fired units that
are designed for combusting oil during periods of natural gas
curtailment to periodically tune the unit for proper oil firing and
combustion to be prepared for such periods. Based on review of current
regulations in California regarding equipment testing of non-gaseous
fuel, periodic testing of oil is allowed for a combined total of 48
hours during any calendar year. This periodic testing for up to 48
hours, which is in addition to periods of combusting oil during natural
gas curtailment, will not cause a boiler to be categorized in the oil
fuel subcategories. We have amended the definitions to clarify that gas
boilers that fire liquid fuel for the purposes of periodic testing are
not included in the liquid fuel subcategories.

D. Testing Methods

    Comment: Several commenters requested that EPA list some specific
examples of equivalent methods in Table 6 to subpart DDDDD. The
commenters specifically added that since the promulgation of the
NESHAP, EPA has received and approved many site-specific requests for
the use ``equivalent'' methods. The commenters requested that any
approved methods be added to Table 6.
    Another commenter disagreed with deleting test method ASTM D3684-01
from Table 6 to subpart DDDDD. The commenter added that this test
method should be retained in Table 6, and the final revised table
should indicate that this test method is applicable for determining
both arsenic and selenium.
    Two commenters requested that the latest revisions of following
test methods be listed in Table 6 to subpart DDDDD: ASTM D3684 for coal
mercury analysis, ASTM D3683 for coal total selected metals, and ASTM
D4208 for coal chlorine content. These

commenters added that these methods have a long history as established
standard methods. By adding these methods to Table 6, sources or
testing companies would not have to petition for approval of these
established methods. These commenters also added that many coal
chlorine levels exceed the upper bound (1136 parts per million) on the
concentration range for repeatability and reproducibility on ASTM
D6721, and that ASTM D4208 is a more appropriate testing method on
coals with high chlorine concentrations.
    Two commenters recommended that EPA provide authority to the States
for approving equivalent testing methods that have already been
accepted by EPA on multiple similar site-specific requests. The
commenters added that providing authority to the States is an efficient
way to determine approved equivalent testing methods.
    Response: With this action, we have clarified the definition of
equivalent method. Equivalent methods are voluntary consensus standards
(VCS) or EPA methods which are applicable to the fuel type or target
analyte being measured. Although we disagree with adding a complete
list of equivalent methods already approved to the final rule itself,
we have provided a list of these previously approved methods in the
preamble to the final rule. We have also added a definition of VCS to
the final rule to help clarify what equivalent methods are. Equivalent
methods may be used in lieu of the prescribed methods in Table 6 to
subpart DDDDD at the discretion of the source owner or operator.
Therefore, publishing a list of or adding to the list of approved
methods is not necessary. Similarly, State or EPA approval of
equivalent methods is not necessary.

V. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is a ``significant regulatory action'' because it is likely to
raise novel legal or policy issues arising out of legal mandates, the
President's priorities, or the principles set forth in the Executive
Order. Accordingly, EPA submitted this action to the Office of
Management and Budget (OMB) for review under Executive Order 12866 and
any changes made in response to OMB recommendations have been
documented in the docket for this action.

B. Paperwork Reduction Act

    This final action imposes no new information collection
requirements on the industry. Because there is no additional burden on
the industry as a result of the final rule amendments, the information
collection request has not been revised. OMB has previously approved
the information collection requirements contained in the existing
regulations under the provisions of the Paperwork Reduction Act, 44
U.S.C. 3501 et seq., and has assigned OMB control number 2060-0551 (EPA
No. 2028.02). A copy of the OMB approved Information Collection Request
(ICR) may be obtained from Susan Auby, Collection Strategies Division,
U.S. Environmental Protection Agency (2822T); 1200 Pennsylvania Ave.,
NW., Washington, DC 20460 or by calling<PHONE_NUMBER>.
    Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide information to or for a Federal agency. This includes the time
needed to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to
comply with any previously applicable instructions and requirements;
train personnel to be able to respond to a collection of information;
search data sources; complete and review the collection of information;
and transmit or otherwise disclose the information.
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations are listed in 40 CFR part 9.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act generally requires an agency to
prepare a regulatory flexibility analysis of any rule subject to notice
and comment rulemaking requirements under the Administrative Procedure
Act or any other statute unless the agency certifies that the rule will
not have a significant economic impact on a substantial number of small
entities. Small entities include small businesses, small organizations,
and small governmental jurisdictions.
    For purposes of assessing the impact of this final rule on small
entities, a small entity is defined as: (1) A small business as defined
by the Small Business Administration's regulations at 13 CFR 121.201;
(2) a small governmental jurisdiction that is a government of a city,
country, town, school district or special district with a population of
less than 50,000; and (3) a small organization that is any not-for-
profit enterprise which is independently owned and operated and that is
not dominant in its field.
    After considering the economic impacts of this final rule on small
entities, we certify that this action will not have a significant
economic impact on a substantial number of small entities. EPA has
determined that none of the small entities will experience a
significant impact because the final rule imposes no additional
regulatory requirements on owners or operators of affected sources.

D. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and tribal
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' that
may result in expenditures by State, local, and tribal governments, in
the aggregate, or by the private section, of $100 million or more in
any 1 year. Before promulgating an EPA rule for which a written
statement is needed, section 205 of the UMRA generally requires EPA to
identify and consider a reasonable number of regulatory alternatives
and adopt the least costly, most cost effective, for least-burdensome
alternative that achieves the objectives of the rule. The provisions of
section 205 do not apply when they are inconsistent with applicable
law. Moreover, section 205 allows EPA to adopt an alternative other
than the least costly, most cost-effective, or least burdensome
alternative if the Administrator publishes with the final rule an
explanation why that alternative was not adopted. Before EPA
establishes any regulatory requirements that may significantly or
uniquely affect small governments, including tribal governments, it
must have developed, under section 203 of the UMRA, a small government
agency plan. The plan must provide for notifying potentially affected
small governments, enabling officials of affected small governments to
have meaningful and timely input in the development of EPA's regulatory
proposals with significant Federal intergovernmental mandates, and

informing, educating, and advising small governments on compliance with
the regulatory requirements.
    EPA has determined that this final rule does not contain a Federal
mandate that may result in expenditures of $100 million or more for
State, local, and tribal governments, in the aggregate, or the private
sector in any 1 year. Although the original NESHAP had annualized costs
estimated to range from $690 to $860 million (depending on the number
of facilities eventually demonstrating eligibility for the health-based
compliance alternatives), this final rule does not add new requirements
that would increase this cost. Thus, this final rule is not subject to
the requirements of sections 202 and 205 of the UMRA. In addition, EPA
has determined that this final rule does not significantly or uniquely
affect small governments because it contains no requirements that apply
to such governments or impose obligations upon them. Therefore, this
final rule is not subject to section 203 of the UMRA.

E. Executive Order 13132: Federalism

    Executive Order 13132 (64 FR 43255, August 10, 1999) requires EPA
to develop an accountable process to ensure ``meaningful and timely
input by State and local officials in the development of regulatory
policies that have federalism implications.'' ``Policies that have
federalism implications'' are defined in the Executive Order to include
regulations that have ``substantial direct effects on the States, on
the relationship between the national government and the States, or on
the distribution of power and responsibilities among the various levels
of government.''
    This final rule does not have federalism implications. It will not
have substantial direct effects on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government,
as specified in Executive Order 13132. The requirements discussed in
this action will not supersede State regulations that are more
stringent. Thus, Executive Order 13132 does not apply to this final
rule.

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

    Executive Order 13175 (65 FR 67249, November 6, 2000) requires EPA
to develop an accountable process to ensure ``meaningful and timely
input by tribal officials in the development of regulatory policies
that have tribal implications.''
    This final rule does not have tribal implications. It will not have
substantial direct effects on tribal governments, on the relationship
between the Federal government and Indian tribes, or the distribution
of power and responsibilities between the Federal government and Indian
tribes, as specified in Executive Order 13175. No affected facilities
are owned or operated by Indian tribal governments. Thus, Executive
Order 13175 does not apply to this final rule.

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

    Executive Order 13045 (62 FR 19885, April 23, 1997) applies to any
rule that: (1) Is determined to be ``economically significant,'' as
defined under Executive Order 12866, and (2) concerns an environmental
health or safety risk that EPA has reason to believe may have a
disproportionate effect on children. If the regulatory action meets
both criteria, EPA must evaluate the environmental health or safety
effects of the planned rule on children and explain why the planned
regulation is preferable to other potentially effective and reasonably
feasible alternatives considered by EPA.
    This final rule is not subject to the Executive Order because EPA
does not have reason to feel that the environmental health or safety
risks associated with the emissions addressed by this action presents a
disproportionate risk to children. This demonstration is based on the
fact that this action does not affect the emissions limits contained in
this final rule.

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

    This final rule is not a ``significant energy actions'' as defined
in Executive Order 13211 (66 FR 28355, May 22, 2001) because it is not
likely to have a significant adverse effect on the supply,
distribution, or use of energy. Further, we have concluded that this
action is not likely to have any adverse energy effect.

I. National Technology Transfer and Advancement Act

    As noted in the final rule, section 12(d) of the National
Technology Transfer and Advancement Act (NTTAA) of 1995 (Pub. L. 104-
113; 15 U.S.C. 272 note) directs EPA to use voluntary consensus
standards in their regulatory and procurement activities unless to do
so would be inconsistent with applicable law or otherwise
impracticable. Voluntary consensus standards are technical standards
(e.g., material specifications, test methods, sampling procedures,
business practices) developed or adopted by one or more voluntary
consensus bodies. The NTTAA requires EPA to provide Congress, through
the OMB, with explanations when EPA decides not to use available and
applicable voluntary consensus standards.
    This action involves technical standards. During the development of
this final rule, EPA searched for voluntary consensus standards that
might be applicable. EPA adopted the following standards in this final
rule: (1) ASTM D2013-04, ``Standard Practice for Preparing Coal Samples
for Analysis,'' (2) ASTM D2234-D2234M-03E01, ``Standard Practice for
Collection of a Gross Sample of Coal,'' (3) ASTM D6721-01, ``Standard
Test Method for Determination of Chlorine in Coal by Oxidative
Hydroylsis Microcoulometry,'' (4) ASTM D3173-03, ``Standard Test Method
for Moisture in the Analysis Sample of Coal and Coke,'' (5) ASTM D4606-
03, ``Standard Test Method for Determination of Arsenic and Selenium in
Coal by the Hydride Generation/Atomic Absorption Method,'' (6) ASTM
D6357-04, ``Standard Test Methods for Determination of Trace Elements
in Coal, Coke, and Combustion Residues from Coal Utilization Processes
by Inductively Coupled Plasma Atomic Emission Spectrometry, Inductively
Coupled Plasma Mass Spectrometry, and Graphite Furnace Atomic
Absorption Spectrometry,'' (7) ASTM D6722-01, ``Standard Test Method
for Total Mercury in Coal and Coal Combustion Residues by the Direct
Combustion Analysis,'' and (8) ASTM D5865-04, ``Standard Test Method
for Gross Calorific Value of Coal and Coke.''
    Table 6 to subpart DDDDD of 40 CFR part 63 lists the fuel analysis
methods included in this final rule. Under 40 CFR 63.7(f) in subpart A
of the General Provisions, a source may apply to EPA for permission to
use alternative test methods or alternative monitoring requirements in
place of any required testing methods, performance specifications, or
procedures.

J. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the

Congress and to the Comptroller General of the United States. EPA will
submit a report containing this action and other required information
to the U.S. Senate, the U.S. House of Representatives, and the
Comptroller General of the United States prior to publication of the
rule in the Federal Register. A major rule cannot take effect until 60
days after it is published in the Federal Register. This action is not
a ``major rule'' as defined by 5 U.S.C. 804(2). This final rule will be
effective February 5, 2007.

List of Subjects in 40 CFR Part 63

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

    Dated: November 30, 2006.
Stephen L. Johnson,
Administrator.

0
For the reasons stated in the preamble, title 40, chapter 1 of the code
of Federal Regulations is amended to read as follows:

PART 63--[AMENDED]

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

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

Subpart A--[Amended]

0
2. Section 63.14 is amended by adding paragraphs (b)(55) through (62)
to read as follows:

Sec.  63.14  Incorporation by reference.

* * * * *
    (b) * * *
    (55) ASTM D2013-04, Standard Practice for Preparing Coal Samples
for Analysis, IBR approved for Table 6 to subpart DDDDD of this part.
    (56) ASTM D2234-D2234M-03[euro]1, Standard Practice for
Collection of a Gross Sample of Coal, IBR approved for Table 6 to
subpart DDDDD of this part.
    (57) ASTM D6721-01, Standard Test Method for Determination of
Chlorine in Coal by Oxidative Hydrolysis Microcoulometry, IBR approved
for Table 6 to subpart DDDDD of this part.
    (58) ASTM D3173-03, Standard Test Method for Moisture in the
Analysis Sample of Coal and Coke, IBR approved for Table 6 to subpart
DDDDD of this part.
    (59) ASTM D4606-03, Standard Test Method for Determination of
Arsenic and Selenium in Coal by the Hydride Generation/Atomic
Absorption Method, IBR approved for Table 6 to subpart DDDDD of this
part.
    (60) ASTM D6357-04, Standard Test Methods for Determination of
Trace Elements in Coal, Coke, and Combustion Residues from Coal
Utilization Processes by Inductively Coupled Plasma Atomic Emission
Spectrometry, Inductively Coupled Plasma Mass Spectrometry, and
Graphite Furnace Atomic Absorption Spectrometry, IBR approved for Table
6 to subpart DDDDD of this part.
    (61) ASTM D6722-01, Standard Test Method for Total Mercury in Coal
and Coal Combustion Residues by the Direct Combustion Analysis, IBR
approved for Table 6 to subpart DDDDD of this part.
    (62) ASTM D5865-04, Standard Test Method for Gross Calorific Value
of Coal and Coke, IBR approved for Table 6 to subpart DDDDD of this
part.
* * * * *

Subpart DDDDD--[Amended]

0
3. Section 63.7491 is amended by revising paragraph (c) to read as
follows:

Sec.  63.7491  Are any boilers or process heaters not subject to this
subpart?

* * * * *
    (c) An electric utility steam generating unit (including a unit
covered by 40 CFR part 60, subpart Da) or a Mercury (Hg) Budget unit
covered by 40 CFR part 60, subpart HHHH.
* * * * *

0
4. Section 63.7510 is amended by revising paragraph (a) to read as
follows:

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

    (a) For affected sources that elect to demonstrate compliance with
any of the emission limits of this subpart through performance testing,
your initial compliance requirements include conducting performance
tests according to Sec.  63.7520 and Table 5 to this subpart,
conducting a fuel analysis for each type of fuel burned in your boiler
or process heater according to Sec.  63.7521 and Table 6 to this
subpart, establishing operating limits according to Sec.  63.7530 and
Table 7 to this subpart, and conducting CMS performance evaluations
according to Sec.  63.7525. For affected sources that burn a single
type of fuel, you are exempted from the initial compliance requirements
of conducting a fuel analysis for each type of fuel burned in your
boiler or process heater according to Sec.  63.7521 and Table 6 to this
subpart.
* * * * *

0
5. Section 63.7522 is amended as follows:
0
a. By revising paragraph (b),
0
b. By revising paragraph (c),
0
c. By revising paragraph (d),
0
d. By revising paragraph (e),
0
e. By revising paragraph (f), and
0
f. By adding paragraphs (h) through (k).

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

* * * * *
    (b) Separate stack requirements. For a group of two or more
existing large solid fuel boilers that each vent to a separate stack,
you may average particulate matter or TSM, HCl and mercury emissions to
demonstrate compliance with the limits in Table 1 to this subpart if
you satisfy the requirements in paragraphs (c), (d), (e), (f), and (g)
of this section.
    (c) For each existing large solid fuel boiler in the averaging
group, the emission rate achieved during the initial compliance test
for the HAP being averaged must not exceed the emission level that was
being achieved on November 12, 2004 or the control technology employed
during the initial compliance test must not be less effective for the
HAP being averaged than the control technology employed on November 12,
2004.
    (d) The emissions rate from the existing large solid fuel boilers
participating in the emissions averaging option must be in compliance
with the limits in Table 1 to this subpart at all times following the
compliance date specified in Sec.  63.7495.
    (e) You must demonstrate initial compliance according to paragraph
(e)(1) or (2) of this section.
    (1) You must use Equation 1 of this section to demonstrate that the
particulate matter or TSM, HCl, and mercury emissions from all existing
large solid fuel boilers participating in the emissions averaging
option do not exceed the emission limits in Table 1 to this subpart.
[GRAPHIC] [TIFF OMITTED] TR06DE06.001

Where:

Ave Weighted Emissions = Average weighted emissions for particulate
matter or TSM, HCl, or mercury, in units of pounds per million Btu
of heat input.
Er = Emission rate (as calculated according to Table 5 to this
subpart or by fuel analysis (as calculated by the applicable
equation in Sec.  63.7530(d))) for boiler, i, for particulate matter
or TSM, HCl, or mercury, in units of pounds per million Btu of heat
input.
Hm = Maximum rated heat input capacity of boiler, i, in units of
million Btu per hour.
n = Number of large solid fuel boilers participating in the
emissions averaging option.

    (2) If you are not capable of monitoring heat input, you may use
Equation 2 of this section as an alternative to using Equation 1 of
this section to demonstrate that the particulate matter or TSM, HCl,
and mercury emissions from all existing large solid fuel boilers
participating in the emissions averaging option do not exceed the
emission limits in Table 1 to this subpart.
[GRAPHIC] [TIFF OMITTED] TR06DE06.002

Where:

Ave Weighted Emissions = Average weighted emission level for PM or
TSM, HCl, or mercury, in units of pounds per million Btu of heat
input.
Er = Emission rate (as calculated according to Table 5 to this
subpart or by fuel analysis (as calculated by the applicable
equation in Sec.  63.7530(d))) for boiler, i, for particulate matter
or TSM, HCl, or mercury, in units of pounds per million Btu of heat
input.
Sm = Maximum steam generation by boiler, i, in units of pounds.
Cf = Conversion factor, calculated from the most recent compliance
test, in units of million Btu of heat input per pounds of steam
generated.

    (f) You must demonstrate continuous compliance on a monthly basis
determined at the end of every month (12 times per year) according to
paragraphs (f)(1) through (3) of this section. The first monthly period
begins on the compliance date specified in Sec.  63.7495.
    (1) For each calendar month, you must use Equation 3 of this
section to calculate the monthly average weighted emission rate using
the actual heat capacity for each existing large solid fuel boiler
participating in the emissions averaging option.
[GRAPHIC] [TIFF OMITTED] TR06DE06.003

Where:

Ave Weighted Emissions = monthly average weighted emission level for
particulate matter or TSM, HCl, or mercury, in units of pounds per
million Btu of heat input.
Er = Emission rate, (as calculated during the most recent compliance
test, (as calculated according to Table 5 to this subpart) or fuel
analysis (as calculated by the applicable equation in Sec.
63.7530(d)) for boiler, i, for particulate matter or TSM, HCl, or
mercury, in units of pounds per million Btu of heat input.
Hb = The average heat input for each calendar month of boiler, i, in
units of million Btu.
n = Number of large solid fuel boilers participating in the
emissions averaging option.

    (2) If you are not capable of monitoring heat input, you may use
Equation 4 of this section as an alternative to using Equation 3 of
this section to calculate the monthly weighted emission rate using the
actual steam generation from the large solid fuel boilers participating
in the emissions averaging option.
[GRAPHIC] [TIFF OMITTED] TR06DE06.004

Where:

Ave Weighted Emissions = monthly average weighted emission level for
PM or TSM, HCl, or mercury, in units of pounds per million Btu of
heat input.
Er = Emission rate, (as calculated during the most recent compliance
test (as calculated according to Table 5 to this subpart) or by fuel
analysis (as calculated by the applicable equation in Sec.
63.7530(d))) for boiler, i, for particulate matter or TSM, HCl, or
mercury, in units of pounds per million Btu of heat input.
Sa = Actual steam generation for each calendar month by boiler, i,
in units of pounds.
Cf = Conversion factor, as calculated during the most recent
compliance test, in units of million Btu of heat input per pounds of
steam generated.

    (3) Until 12 monthly weighted average emission rates have been
accumulated, calculate and report only the monthly average weighted
emission rate determined under paragraph (f)(1) or (2) of this section.
After 12 monthly weighted average emission rates have been accumulated,
for each subsequent calendar month, use Equation 4A of this section to
calculate the 12-month rolling average of the monthly weighted average
emission rates for the current month and the previous 11 months.
[GRAPHIC] [TIFF OMITTED] TR06DE06.005

Where:
Eavg = 12-month rolling average emission rate, (pounds per million
Btu heat input)
ERi = Monthly weighted average, for month ``i'', (pounds per million
Btu heat input)(as calculated by (f)(1) or (2))

* * * * *
    (h) Common stack requirements. For a group of two or more existing
large solid fuel boilers, each of which vents through a single common
stack, you may average particulate matter or TSM, HCl and mercury to
demonstrate compliance with the limits in Table 1 to this subpart if
you satisfy the requirements in paragraph (i) or (j) of this section.
    (i) For a group of two or more existing large solid fuel boilers,
each of which vents through a common emissions control system to a
common stack, that

does not receive emissions from units in other subcategories or
categories, you may treat such averaging group as a single existing
solid fuel boiler for purposes of this subpart and comply with the
requirements of this subpart as if the group were a single boiler.
    (j) For all other groups of boilers subject to paragraph (h) of
this section, the owner or operator may elect to:
    (1) Conduct performance tests according to procedures specified in
Sec.  63.7520 in the common stack (if affected units from other
subcategories (e.g., gas-fired units) or nonaffected units vent to the
common stack, the units from other subcategories and nonaffected units
must be shut down or vented to a different stack during the performance
test); and
    (2) Meet the applicable operating limit specified in Sec.  63.7540
and Table 8 to this subpart for each emissions control system (except
that, if each boiler venting to the common stack has an applicable
opacity operating limit, then a single continuous opacity monitoring
system may be located in the common stack instead of in each duct to
the common stack).
    (k) Combination requirements. The common stack of a group of two or
more boilers subject to paragraph (h) of this section may be treated as
a separate stack for purposes of paragraph (b) of this section and
included in an emissions averaging group subject to paragraph (b) of
this section.

0
6. Section 63.7525 is amended by revising paragraphs (a) introductory
text and (a)(1) to read as follows:

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

    (a) If you have an applicable work practice standard for carbon
monoxide, and your boiler or process heater is in any of the large
subcategories and has a heat input capacity of 100 MMBtu per hour or
greater, you must install, operate, and maintain a continuous emission
monitoring system (CEMS) for carbon monoxide and oxygen according to
the procedures in paragraphs (a)(1) through (6) of this section by the
compliance date specified in Sec.  63.7495. The carbon monoxide and
oxygen shall be monitored at the same location at the outlet of the
boiler or process heater.
    (1) Each CEMS must be installed, operated, and maintained according
to the applicable procedures under Performance Specification (PS) 3 or
4A of 40 CFR part 60, appendix B, and according to the site-specific
monitoring plan developed according to Sec.  63.7505(d).
* * * * *

0
7. Section 63.7540 is amended by revising paragraph (a)(4) to read as
follows:

Sec.  63.7540  How do I demonstrate continuous compliance with the
emission limits and work practice standards?

    (a) * * *
    (4) If you demonstrate compliance with an applicable HCl emission
limit through performance testing and you plan to burn a new type of
fuel or a new mixture of fuels, you must recalculate the maximum
chlorine input using Equation 5 of Sec.  63.7530. If the results of
recalculating the maximum chlorine input using Equation 5 of Sec.
63.7530 are higher than the maximum chlorine input level established
during the previous performance test, then you must conduct a new
performance test within 60 days of burning the new fuel type or fuel
mixture according to the procedures in Sec.  63.7520 to demonstrate
that the HCl emissions do not exceed the emission limit. You must also
establish new operating limits based on this performance test according
to the procedures in Sec.  63.7530(c).
* * * * *

0
8. Section 63.7541 is amended as follows:
0
a. By revising paragraph (a) introductory text,
0
b. By revising paragraph (a)(2),
0
c. By adding paragraph (a)(5), and
0
d. By revising paragraph (b).

Sec.  63.7541  How do I demonstrate continuous compliance under the
emission averaging provision?

    (a) Following the compliance date, the owner or operator must
demonstrate compliance with this subpart on a continuous basis by
meeting the requirements of paragraphs (a)(1) through (5) of this
section.
* * * * *
    (2) You must maintain the applicable opacity limit according to
paragraphs (a)(2)(i) through (ii) of this section.
    (i) For each existing solid fuel boiler participating in the
emissions averaging option that is equipped with a dry control system
and not vented to a common stack, maintain opacity at or below the
applicable limit.
    (ii) For each group of boilers participating in the emissions
averaging option where each boiler in the group is an existing solid
fuel boiler equipped with a dry control system and vented to a common
stack that does not receive emissions from affected units from other
subcategories or nonaffected units, maintain opacity at or below the
applicable limit at the common stack;
* * * * *
    (5) For each existing large solid fuel boiler participating in the
emissions averaging option venting to a common stack configuration
containing affected units from other subcategories and/or nonaffected
units, maintain the appropriate operating limit for each unit as
specified in Tables 2 through 4 to this subpart that applies.
    (b) Any instance where the owner or operator fails to comply with
the continuous monitoring requirements in paragraphs (a)(1) through (5)
of this section, except during periods of startup, shutdown, and
malfunction, is a deviation.

0
9. Section 63.7575 is amended as follows:
0
a. By revising the definitions for ``Firetube boiler,'' ``Fuel type,''
``Large gaseous fuel subcategory,'' ``Large liquid fuel subcategory,''
``Large solid fuel subcategory,'' ``Small gaseous fuel subcategory,''
``Small liquid fuel subcategory,'' ``Watertube boiler,'' and
0
b. By adding definitions for ``Common Stack,'' ``Equivalent,'' and
``Voluntary Consensus Standard'' in alphabetical order.

Sec.  63.7575  What definitions apply to this subpart?

* * * * *
    Common Stack means the exhaust of emissions from two or more
affected units through a single flue.
* * * * *
    Equivalent means the following only as this term is used in Table 6
to subpart DDDDD:
    (1) An equivalent sample collection procedure means a published
voluntary consensus standard or practice (VCS) or EPA method that
includes collection of a minimum of three composite fuel samples, with
each composite consisting of a minimum of three increments collected at
approximately equal intervals over the test period.
    (2) An equivalent sample compositing procedure means a published
VCS or EPA method to systematically mix and obtain a representative
subsample (part) of the composite sample.
    (3) An equivalent sample preparation procedure means a published
VCS or EPA method that: Clearly states that the standard, practice or
method is appropriate for the pollutant and the fuel matrix; or is
cited as an appropriate sample preparation standard, practice or method
for the pollutant in the chosen VCS or EPA determinative or analytical
method.
    (4) An equivalent procedure for determining heat content means a
published VCS or EPA method to obtain gross calorific (or higher
heating) value.

    (5) An equivalent procedure for determining fuel moisture content
means a published VCS or EPA method to obtain moisture content. If the
sample analysis plan calls for determining metals (especially the
mercury, selenium, or arsenic) using an aliquot of the dried sample,
then the drying temperature must be modified to prevent vaporizing
these metals. On the other hand, if metals analysis is done on an ``as
received'' basis, a separate aliquot can be dried to determine moisture
content and the metals concentration mathematically adjusted to a dry
basis.
    (6) An equivalent pollutant (mercury, TSM, or total chlorine)
determinative or analytical procedure means a published VCS or EPA
method that clearly states that the standard, practice, or method is
appropriate for the pollutant and the fuel matrix and has a published
detection limit equal or lower than the methods listed in Table 6 to
subpart DDDDD for the same purpose.
* * * * *
    Firetube boiler means a boiler that utilizes a containment shell
that encloses firetubes (tubes in a boiler having water on the outside
and carrying the hot gases of combustion inside), and allows the water
to vaporize and steam to separate. Hybrid boilers that have been
registered/certified by the National Board of Boiler and Pressure
Vessel Inspectors and/or the State as firetube boilers as indicated by
``Form P-2'' (Manufacturers' Data Report for All Types of Boilers
Except Watertube and Electric, As Required by the Provisions of the
ASME Code Rules, Section I), are considered to be firetube boilers for
the purpose of this subpart.
* * * * *
    Fuel type means each category of fuels that share a common name or
classification. Examples include, but are not limited to, bituminous
coal, subbituminous coal, lignite, anthracite, biomass, construction/
demolition material, salt water laden wood, creosote treated wood,
tires, residual oil. Individual fuel types received from different
suppliers are not considered new fuel types except for construction/
demolition material. Contraband, prohibited goods, or retired U.S.
flags, burned at the request of a government agency, are not considered
a fuel type for the purpose of this subpart.
* * * * *
    Large gaseous fuel subcategory includes any watertube boiler or
process heater that burns gaseous fuels not combined with any solid
fuels, burns liquid fuel only during periods of gas curtailment, gas
supply emergencies, or for periodic testing of liquid fuel, has a rated
capacity of greater than 10 MMBtu per hour heat input, and does not
have a federally enforceable annual average capacity factor of equal to
or less than 10 percent. Periodic testing of liquid fuel is not to
exceed a combined total of 48 hours during any calendar year.
    Large liquid fuel subcategory includes any watertube boiler or
process heater that does not burn any solid fuel and burns any liquid
fuel either alone or in combination with gaseous fuels, has a rated
capacity of greater than 10 MMBtu per hour heat input, and does not
have a federally enforceable annual average capacity factor of equal to
or less than 10 percent. Large gaseous fuel boilers and process heaters
that burn liquid fuel during periods of gas curtailment, gas supply
emergencies or for periodic testing of liquid fuel not to exceed a
combined total of 48 hours during any calendar year are not included in
this definition.
    Large solid fuel subcategory includes any watertube boiler or
process heater that burns any amount of solid fuel either alone or in
combination with liquid or gaseous fuels, has a rated capacity of
greater than 10 MMBtu per hour heat input, and does not have a
federally enforceable annual average capacity factor of equal to or
less than 10 percent.
* * * * *
    Small gaseous fuel subcategory includes any size of firetube boiler
and any other boiler or process heater with a rated capacity of less
than or equal to 10 MMBtu per hour heat input that burn gaseous fuels
not combined with any solid fuels and burns liquid fuel only during
periods of gas curtailment, gas supply emergencies, or for periodic
testing of liquid fuel. Periodic testing is not to exceed a combined
total of 48 hours during any calendar year.
    Small liquid fuel subcategory includes any size of firetube boiler
and any other boiler or process with a rated capacity of less than or
equal to 10 MMBtu per hour heat input that do not burn any solid fuel
and burn any liquid fuel either alone or in combination with gaseous
fuels. Small gaseous fuel boilers and process heaters that burn liquid
fuel during periods of gas curtailment, gas supply emergencies or for
periodic testing of liquid fuel not to exceed a combined total of 48
hours during any calendar year are not included in this definition.
* * * * *
    Watertube boiler means a boiler that incorporates a steam drum with
tubes connected to the drum to separate steam from water.
* * * * *
    Voluntary Consensus Standards or 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/OAQPS has by precedent only used VCS that are
written in English. Examples of VCS bodies are: American Society of
Testing and Materials (ASTM), American Society of Mechanical Engineers
(ASME), International Standards Organization (ISO), Standards Australia
(AS), British Standards (BS), Canadian Standards (CSA), European
Standard (EN or CEN) and German Engineering Standards (VDI). The types
of standards that are not considered VCS are standards developed by:
the U.S. 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.
* * * * *

0
10. Table 6 and text before table to subpart DDDDD are revised to read
as follows:
    As stated in Sec.  63.7521, you must comply with the following
requirements for fuel analysis testing for existing, new or
reconstructed affected sources. However, equivalent methods may be used
in lieu of the prescribed methods at the discretion of the source owner
or operator:

    Table 6.--To Subpart DDDDD of Part 63--Fuel Analysis Requirements
------------------------------------------------------------------------
  To conduct a fuel  analysis
for the following  pollutant *    You must * * *        Using * * *
              * *
------------------------------------------------------------------------
1. Mercury * * *..............  a. Collect fuel    Procedure in Sec.
                                 samples * * *.     63.7521(c) or ASTM
                                                    D2234-D2234M-03[euro
                                                    ]1 (for coal) (IBR,
                                                    see Sec.   63.14(b))
                                                    or ASTM D6323-98
                                                    (2003) (for biomass)
                                                    (IBR, See Sec.
                                                    63.14(b)) or
                                                    equivalent.
                                b. Composite fuel  Procedure in Sec.
                                 samples * * *.     63.7521(d) or
                                                    equivalent.
                                c. Prepare         SW-846-3050B (for
                                 composited fuel    solid samples) or SW-
                                 samples * * *.     846-3020A (for
                                                    liquid samples) or
                                                    ASTM D2013-04 (for
                                                    coal) (IBR, see Sec.
                                                      63.14(b)) or ASTM
                                                    D5198-92 (2003) (for
                                                    biomass) (IBR, see
                                                    Sec.   63.14(b)) or
                                                    equivalent.
                                d. Determine heat  ASTM D5865-04 (for
                                 content of the     coal) (IBR, see Sec.
                                 fuel type * * *.     63.24(b)) or ASTM
                                                    E711-87 (for
                                                    biomass) (IBR, see
                                                    Sec.   63.14(b)) or
                                                    equivalent.
                                e. Determine       ASTM D3173-03 (IBR,
                                 moisture content   see Sec.   63.14(b))
                                 of the fuel type   or ASTM E871-82
                                 * * *.             (1998) (IBR, see
                                                    Sec.   63.14(b)) or
                                                    equivalent.
                                f. Measure         ASTM D6722-01 (for
                                 mercury            coal) (IBR, see Sec.
                                 concentration in     6314(b)) or SW-846-
                                 fuel sample * *    7471A (for solid
                                 *.                 samples) or SW-846-
                                                    7470A (for liquid
                                                    samples or
                                                    equivalent.
                                g. Convert         .....................
                                 concentration
                                 into units of
                                 pounds of
                                 pollutant per
                                 MMBtu of heat
                                 content.
2. Total Selected metals * * *  a. Collect fuel    Procedure in Sec.
                                 samples * * *.     63.7521(c) or ASTM
                                                    D2234-D2234M-03[euro
                                                    ]1 (for coal) (IBR,
                                                    see Sec.   63.14(b))
                                                    or ASTM D6323-98
                                                    (2003) (for biomass)
                                                    (IBR, see Sec.
                                                    63.14(b)) or
                                                    equivalent.
                                b. Composite fuel  Procedure in Sec.
                                 samples * * *.     63.7521(d) or
                                                    equivalent.
                                c. Prepare         SW-846-3050B (for
                                 composited fuel    solid samples) or SW-
                                 samples * * *.     846-3020A (for
                                                    liquid samples) or
                                                    ASTM D2013-04 (for
                                                    coal) (IBR, see Sec.
                                                      63.14(b)) or ASTM
                                                    D5198-92 (2003) (for
                                                    biomass (IBR, see
                                                    Sec.   63.14(b)) or
                                                    equivalent.
                                d. Determine heat  ASTM D5865-04 (for
                                 content of the     coal) (IBR, see Sec.
                                 fuel type * * *.     63.14(b)) or ASTM
                                                    E711-87 (for
                                                    biomass) (IBR, see
                                                    Sec.   63.14(b)) or
                                                    equivalent.
                                e. Determine       ASTM D3173-03 (IBR,
                                 moisture content   see Sec.   63.14(b))
                                 of the fuel type   or ASTM E871-82
                                 * * *.             (IBR, see Sec.
                                                    63.14(b)) or
                                                    equivalent.
                                f. Measure total   SW-846-6010B or ASTM
                                 selected metals    D6357-04 (for
                                 concentration in   arsenic, beryllium,
                                 fuel sample * *    cadmium, chromium,
                                 *.                 lead, manganese, and
                                                    nickel for all solid
                                                    fuels) and ASTM
                                                    D4606-03 (for
                                                    selenium in coal)
                                                    (IBR, see Sec.
                                                    63.14(b)) or ASTM
                                                    E885-88 (1996) for
                                                    biomass) (IBR, see
                                                    Sec.   63.14(b)) or
                                                    equivalent.
                                g. Convert         .....................
                                 concentrations
                                 into units of
                                 pounds of
                                 pollutant per
                                 MMBtu of heat
                                 content.
3. Hydrogen Chloride * * *....  a. Collect fuel    Procedure in Sec.
                                 samples * * *.     63.7521(c) or ASTM
                                                    D2234-D2234M-03[euro
                                                    ]1 (for coal) (IBR,
                                                    see Sec.   63.14(b))
                                                    or ASTM D6323-98
                                                    (2003) (for biomass)
                                                    (IBR, see Sec.
                                                    63.14(b)) or
                                                    equivalent.
                                b. Composite fuel  Procedure in Sec.
                                 samples * * *.     63.7521(d) or
                                                    equivalent.
                                c. Prepare         SW-846-3050B (for
                                 composited fuel    solid samples) or SW-
                                 samples * * *.     846-3020A (for
                                                    liquid samples) or
                                                    ASTM D2013-04 (for
                                                    coal) (IBR, see Sec.
                                                      63.14(b)) or ASTM
                                                    D5198-92 (2003) (for
                                                    biomass) (IBR, see
                                                    Sec.   63.14(b)) or
                                                    equivalent.
                                d. Determine heat  ASTM D5865-04 (for
                                 content of the     coal) (IBR, see Sec.
                                 fuel type * * *.     63.14(b)) or ASTM
                                                    E711-87 (1996) (for
                                                    biomass) (IBR, see
                                                    Sec.   63.14(b)) or
                                                    equivalent.
                                e. Determine       ASTM D3173-03 (IBR,
                                 moisture content   see Sec.   63.14(b))
                                 of the fuel type   or ASTM E871-82
                                 * * *.             (1998) or
                                                    equivalent.
                                f. Measure         SW-846-9250 or ASTM
                                 chlorine           D6721-01 (for coal)
                                 concentration in   or ASTM E776-87
                                 fuel sample * *    (1996) (for biomass)
                                 *.                 (IBR, see Sec.
                                                    63.14(b)) or
                                                    equivalent.
                                g. Convert         .....................
                                 concentrations
                                 into units of
                                 pounds of
                                 pollutant per
                                 MMBtu of heat
                                 content..
------------------------------------------------------------------------

 [FR Doc. E6-20637 Filed 12-5-06; 8:45 am]

BILLING CODE 6560-50-P