[Federal Register Volume 77, Number 187 (Wednesday, September 26, 2012)]
[Proposed Rules]
[Pages 59156-59158]
[FR Doc No: 2012-23698]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2010-0154; FRL-9732-8]

Approval and Promulgation of Air Quality Implementation Plans;
Maryland; The Washington County 2002 Base Year Inventory

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve the fine particulate matter
(PM2.5) 2002 base year emissions inventory portion of the
State of Maryland State Implementation Plan (SIP) revision submitted by
the State of Maryland, through the Maryland Department of the

Environment (MDE), on June 6, 2008 for Washington County, Maryland. The
emissions inventory is part of Maryland's June 6, 2008 SIP revision
that was submitted to meet nonattainment requirements related to the
Washington County nonattainment area (hereafter referred to as
Washington County Area or Area) for Maryland's 1997 PM2.5
National Ambient Air Quality Standard (NAAQS) SIP. EPA is proposing to
approve the 2002 base year PM2.5 emissions inventory for
Washington County submitted by MDE in accordance with the requirements
of the Clean Air Act (CAA).

DATES: Written comments must be received on or before October 26, 2012.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2010-0154 by one of the following methods:
    A. www.regulations.gov. Follow the on-line instructions for
submitting comments.
    B. Email<EMAIL_ADDRESS>    C. Mail: EPA-R03-OAR-2010-0154, Donna Mastro, Acting Associate
Director, Office of Air Program Planning, Mailcode 3AP30, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
    D. Hand Delivery: At the previously-listed EPA Region III address.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2010-0154. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov or email. The
www.regulations.gov Web site is an ``anonymous access'' system, which
means EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an email comment
directly to EPA without going through www.regulations.gov, your email
address will be automatically captured and included as part of the
comment that is placed in the public docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
    Docket: All documents in the electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., 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 in www.regulations.gov or
in hard copy during normal business hours at the Air Protection
Division, U.S. Environmental Protection Agency, Region III, 1650 Arch
Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal
are available at the Maryland Department of the Environment, 1800
Washington Boulevard, Suite 705, Baltimore, Maryland 21230.

FOR FURTHER INFORMATION CONTACT: Asrah Khadr,<PHONE_NUMBER>, or by
email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background
II. Summary of SIP Revision
III. Proposed Action
IV. Statutory and Executive Order Reviews

I. Background

    Throughout this document, whenever ``we,'' ``us,'' or ``our'' is
used, we mean EPA. On July 18, 1997 (62 FR 38652), EPA promulgated the
1997 PM2.5 NAAQS, including an annual standard of 15.0
micrograms per cubic meter ([micro]g/m\3\) based on a 3-year average of
annual mean PM2.5 concentrations, and a 24-hour (or daily)
standard of 65 [micro]g/m\3\ based on a 3-year average of the 98th
percentile of 24-hour concentrations. EPA established the standards
based on significant evidence and numerous health studies demonstrating
that serious health effects are associated with exposures to
PM2.5.
    Following promulgation of a new or revised NAAQS, EPA is required
by the CAA to designate areas throughout the United States as attaining
or not attaining the NAAQS; this designation process is described in
section 107(d)(1) of the CAA. In 1999, EPA and state air-quality
agencies initiated the monitoring process for the 1997 PM2.5
NAAQS and, by January 2001, established a complete set of air-quality
data. On January 5, 2005, EPA published initial air-quality
designations for the 1997 PM2.5 NAAQS (70 FR 944), which
became effective on April 5, 2005, based on air-quality monitoring data
for calendar years 2001-03.
    On April 14, 2005, EPA promulgated a supplemental rule amending the
agency's initial designations (70 FR 19844), with the same effective
date (April 5, 2005) as that which was promulgated at 70 FR 944. As a
result of this supplemental rule, PM2.5 nonattainment
designations are in effect for 39 areas, comprising 208 counties within
20 states (and the District of Columbia) nationwide, with a combined
population of approximately 88 million. The Washington County Area
which is the subject of this rulemaking was included in the list of
areas not attaining the 1997 PM2.5 NAAQS.
    On June 6, 2008, the State of Maryland submitted a revision to the
Maryland SIP (08-05) to meet nonattainment requirements for
the Washington County Area. On November 20, 2009 (74 FR 60199), EPA
determined that Maryland had attained the 1997 PM2.5 NAAQS
in the Washington County Area. That determination was based upon
quality assured, quality controlled and certified ambient air
monitoring data that showed the Area had monitored attainment of the
1997 PM2.5 NAAQS for the 2004-2006 monitoring period and
that continued to show attainment of the 1997 PM2.5 NAAQS
based on the 2005-2007 data. The November 20, 2009 determination
suspended the requirements for Maryland to submit an attainment
demonstration, associated reasonably available control measures, a
reasonable further progress plan, contingency measures, and other
planning SIP revisions related to attainment of the standard for so
long as the nonattainment area continues to meet the 1997
PM2.5 NAAQS. On February 29, 2012, MDE withdrew portions of
the June 6, 2008 Washington County, Maryland 1997 PM2.5 SIP
revisions including the attainment plan, analysis of reasonably
available control measures, attainment demonstration, contingency plans
and mobile source budgets. To meet the requirements of CAA section
172(c)(3), MDE did not request the withdrawal of the 2002 base year
emission inventory portion of the June 6, 2008 1997 PM2.5
SIP revision. Section 172(c)(3) of the CAA requires submission and
approval of a comprehensive, accurate, and current inventory of actual
emissions.

II. Summary of SIP Revision

    The 2002 base year emission inventory submitted by MDE on June 6,
2008 for Washington County, Maryland includes emissions estimates that
cover the general source categories of stationary point sources,
stationary nonpoint sources, nonroad mobile sources and onroad mobile
sources. The pollutants that comprise the inventory are nitrogen oxides
(NOX), volatile organic compounds (VOCs), PM2.5,
coarse particles (PM10), ammonia (NH3), and
sulfur dioxide (SO2). EPA has reviewed the results,
procedures and methodologies for the 2002 base year emissions inventory
submitted by MDE for Washington County, Maryland. The year 2002 was
selected by MDE as the base year for the emissions inventory per 40 CFR
51.1008(b). A discussion of the emissions inventory development as well
as the emissions inventory can be found in the June 6, 2008 SIP
submittal.
    The CAA section 172(c)(3) emissions inventory is developed by the
incorporation of data from multiple sources. States were required to
develop and submit to EPA a triennial emissions inventory according to
the Consolidated Emissions Reporting Rule (CERR) for all source
categories (i.e., point, area, nonroad mobile and on-road mobile). The
2002 emissions inventory was based on data developed by MDE. The data
were developed according to current EPA emissions inventory guidance,
``Emissions Inventory Guidance for Implementation of Ozone and
Particulate Matter NAAQS and Regional Haze Regulations,'' August 2005.
EPA agrees that the process used to develop this emissions inventory is
adequate to meet the requirements of CAA section 172(c)(3), the
implementing regulations, and EPA guidance for emission inventories.
More information regarding the review of the base year inventory can be
found in the technical support document (TSD) that is located in this
docket.

III. Proposed Action

    EPA is proposing to approve the 2002 base year emissions inventory
portion of the SIP revision submitted by Maryland through MDE on June
6, 2008 for Washington County, Maryland. We have made the determination
that this action is consistent with section 110 of the CAA. EPA is
soliciting public comments on the issues discussed in this document.
These comments will be considered before taking final action.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely proposes to approve state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this proposed action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this proposed rule, pertaining to the PM2.5
2002 base year emissions inventory portion of the Washington County,
Maryland June 6, 2008 SIP submittal, does not have tribal implications
as specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Nitrogen dioxide,
Particulate matter, Reporting and recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.

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

    Dated: August 30, 2012.
W.C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2012-23698 Filed 9-25-12; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: July 18, 2007 (Volume 72, Number 137)]
[Notices]
[Page 39401-39402]
[DOCID:fr18jy07-55]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP07-208-000]

Rockies Express Pipeline LLC; Notice of Overflight and Limited
Site Visit for the Proposed Rockies Express-East Pipeline Project

July 6, 2007.
    The staff of the Federal Energy Regulatory Commission (Commission)
is issuing this notice to announce the date and location of an
overflight and site visit for the proposed Rockies Express-East
Pipeline Project. The Commission staff will be preparing an
environmental impact statement (EIS) for Rockies Express Pipeline LLC's
project in Missouri, Illinois, Indiana, and Ohio. The planned
facilities would consist of about 637.8 miles of pipeline and 7 new
compressor stations. The EIS will be used by the Commission in its
decision-making process to determine whether the project is in the
public convenience and necessity.
    The helicopter overflight will be held on July 17 and 18, 2007. The
July 19, 2007 site visit first focuses on the proposed pipeline
crossing location of the following resources in Ohio, as time allows:
     Hamilton Compressor Station site;
     Little Miami Scenic State Park;
     Caesar Creek Wildlife Area;
     Deer Creek State Park;
     Big Darby Creek;
     Perry State Forest;
     Blue Rock State Forest; and
     Barnesville Reservoir.
    Anyone interested in participating in the site visit on July 19,
2007, should meet at the Hampton Inn at 2093 S. Hamilton Road in
Columbus, Ohio at 7 a.m. Participants must provide their own
transportation. Because of the length of the project other site visits
will be announced in the future.
    This event is posted on the Commission's calendar located at http://www.ferc.gov/EventCalendar/

EventsList.aspx along with other related information. For additional
information, please contact the Commission's Office of External Affairs
at<PHONE_NUMBER>.

Kimberly D. Bose,
Secretary.
 [FR Doc. E7-13819 Filed 7-17-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 100 (Thursday, May 25, 2017)]
[Notices]
[Pages 24204-24205]
[FR Doc No: 2017-10744]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2015-0092; Notice 2]

DRV, LLC, Denial of Petition for Decision of Inconsequential
Noncompliance

AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).

ACTION: Denial of Petition.

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SUMMARY: DRV, LLC (DRV), a wholly owned subsidiary of Thor Industries,
Inc., has determined that certain model year (MY) 2003-2016 DRV
trailers do not fully comply with Federal Motor Vehicle Safety Standard
(FMVSS) No. 108, Lamps, Reflective Devices, and Associated Equipment.
DRV filed a noncompliance report dated July 31, 2015, that was later
revised on August 18, 2015. DRV also petitioned NHTSA on August 14,
2015, for a decision that the subject noncompliance is inconsequential
as it relates to motor vehicle safety.

ADDRESSES: For further information on this decision contact Michael
Cole, Office of Vehicle Safety Compliance, the National Highway Traffic
Safety Administration (NHTSA), telephone<PHONE_NUMBER>, facsimile
(202) 366-3081.

SUPPLEMENTARY INFORMATION:

I. Overview

    DRV, LLC (DRV), a wholly owned subsidiary of Thor Industries, Inc.,
has determined that certain model year (MY) 2003-2016 DRV trailers do
not fully comply with paragraph S8.1 of Federal Motor Vehicle Safety
Standard (FMVSS) No. 108, Lamps, Reflective Devices, and Associated
Equipment. DRV filed a noncompliance report dated July 31, 2015, that
was later revised on August 18, 2015, pursuant to 49 CFR part 573,
Defect and Noncompliance Responsibility and Reports. DRV also
petitioned NHTSA on August 14, 2015, pursuant to 49 U.S.C. 30118(d) and
30120(h) (see implementing rule at 49 CFR part 556), for an exemption
from the notification and remedy requirements of 49 U.S.C. Chapter 301
on the basis that this noncompliance is inconsequential to motor
vehicle safety.
    Notice of receipt of the petition was published, with a 30-day
public comment period, on October 8, 2015, in the Federal Register (80
FR 60955). No comments were received. To view the petition and all
supporting documents, log onto the Federal Docket Management System
(FDMS) Web site at: http://www.regulations.gov/. Follow the online
search instructions to locate docket number ``NHTSA-2015-0092.''

II. Trailers Involved

    Affected are approximately 7,465 of the following trailers:

 MY 2003-2016 DRV Mobile Suites (Manufactured between April 22,
2003 and July 22, 2015)
 MY 2014-2015 DRV Traditions (Manufactured between April 1,
2013 and July 24, 2015)
 MY 2013-2016 DRV Estates (Manufactured between April 1, 2012
and July 24, 2015)
 MY 2006-2016 DRV Elite Suites (Manufactured April 1, 2005 and
July 24, 2015)
 MY 2014-2016 DRV Full House (Manufactured April 1, 2013 and
July 24, 2015)

III. Noncompliance

    DRV explained the noncompliance as the location of the front side
reflex reflectors on the subject trailers at approximately 8'' and 10''
above the maximum 60'' height-above-road surface required by paragraph
S8.1 of FMVSS No. 108.

IV. Rule Text

    Paragraph S8.1 of FMVSS No. 108 requires in pertinent part:
    S8.1 Reflex reflectors.
    . . .
    S8.1.4 Mounting Height. See Tables I-a, I-b, I-c.
    . . .

                                Table I-b--Required Lamps and Reflective Devices
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         Lighting device           Number and color    Mounting location    Mounting height    Device activation
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ALL TRAILERS

                                                  * * * * * * *
Reflex Reflectors. A trailer      2 Amber. None       On each side as     Not less than 15    Not applicable.
 equipped with a conspicuity       required on         far to the front    inches, nor more
 treatment in conformance with     trailers less       as practicable      than 60 inches.
 S8.2 of this standard need not    than 1829 mm [6     exclusive of the
 be equipped with reflex           ft] in overall      trailer tongue.
 reflectors if the conspicuity     length including
 material is placed at the         the trailer
 locations of the required         tongue.
 reflex reflectors.

                                                  * * * * * * *
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V. Summary of DRV's Arguments

    DRV stated its belief that the subject noncompliance is
inconsequential to motor vehicle safety because a reflex reflector is
present as required by FMVSS No. 108 but the reflector is located
approximately 8'' to 10'' above the maximum allowable height for such
reflectors.
    DRV also stated that it has received no complaints, and does not
know of any accidents that have occurred, due to the reflectors being
in the non-compliant position.
    In summation, DRV believes that the described noncompliance of the
subject trailers is inconsequential to motor vehicle safety. DRV asks
NHTSA to grant a petition to exempt DRV from providing notification of
a noncompliance recall as required by 49 U.S.C. 30118 and remedying the
noncompliance as required by 49 U.S.C. 30120.

NHTSA Decision

    NHTSA's Analysis: After review of DRV's petition, NHTSA has
determined that the petitioner has not met the burden of persuasion
that the noncompliance is inconsequential to safety. DRV failed to
provide any data supporting its conclusion that the noncompliance is
inconsequential and, except for stating it had not received any
complaints about the location of the reflectors, did not address any of
the potential safety risks associated with the noncompliance.
    For the purposes of FMVSS No. 108, the primary function of a reflex
reflector is to prevent crashes by permitting early detection of an
unlighted motor vehicle at an intersection or when parked on or by the
side of the road. Because reflex reflectors are not independent light
sources, their performance is wholly reliant upon the amount of
illumination they receive from vehicle headlamps. Ideally, a reflex
reflector would achieve its highest performance when the reflex
reflector is mounted at the height of another vehicle's lower beam
``hot spot.'' Due to the significant range of permissible mounting
heights for headlamps (between 22 and 54 inches), achieving such ideal
performance is impractical. FMVSS No. 108, which establishes minimum
performance standards for reflex reflectors, specifies a range of
acceptable reflector mounting heights (not less than 15 inches or more
than 60 inches) to ensure that reflex reflectors are exposed to enough
illumination to be effective. The standard also provides allowances in
the fore and aft location of reflex reflectors (e.g., as far to the
front as practicable). This flexibility provides vehicle manufacturers
with sufficient flexibility in mounting locations to ensure that the
mounting height remains in the appropriate range to ensure adequate
reflex reflector performance relative to headlamps that would
illuminate them.
    DRV also states that it was not aware of any complaints or
accidents that occurred due to the positioning of the reflex reflector.
In NHTSA's view, the absence of complaints does not provide persuasive
evidence demonstrating a lack of a safety issue here, nor does it mean
that there will not be safety issues in the future. As such, NHTSA does
not consider this to be a determining factor that DRV's noncompliance
is inconsequential to motor vehicle safety.
    NHTSA's Decision: In consideration of the foregoing, NHTSA finds
that DRV has not met its burden of persuasion in support of the claim
that the FMVSS No. 108 noncompliance in the subject trailers is
inconsequential to motor vehicle safety. DRV has not presented any data
indicating that the performance of a reflex reflector mounted at a
height of 68 to 70 inches above the ground provides a level of safety
performance equivalent to that of a reflector mounted within the range
of heights specified by FMVSS No. 108. Accordingly, DRV's petition is
hereby denied and DRV is obligated to provide notification of, and a
free remedy for, that noncompliance under 49 U.S.C. 30118 and 30120.

    Authority: (49 U.S.C. 30118, 30120: Delegations of authority at
49 CFR 1.95 and 501.8)

Jeffrey M. Giuseppe,
Acting Associate Administrator, Enforcement.
[FR Doc. 2017-10744 Filed 5-24-17; 8:45 am]
BILLING CODE 4910-59-P


this section; prepare and operate by a site-specific monitoring plan
according to paragraph (c)(2) of this section; take corrective action
according to paragraph (c)(3) of this section; and record information
according to paragraph (c)(4) of this section.
    (1) Each bag leak detection system must meet the specifications and
requirements in paragraphs (c)(1)(i) through (viii) of this section.
    (i) The bag leak detection system must be certified by the
manufacturer to be capable of detecting PM emissions at concentrations
of 0.00044 grains per actual cubic foot or less.
    (ii) The bag leak detection system sensor must provide output of
relative PM loadings. The owner or operator shall continuously record
the output from the bag leak detection system using electronic or other
means (e.g., using a strip chart recorder or a data logger).
    (iii) The bag leak detection system must be equipped with an alarm
system that will sound when the system detects an increase in relative
particulate loading over the alarm set point established according to
paragraph (c)(1)(iv) of this section, and the alarm must be located
such that it can be

heard by the appropriate plant personnel.
    (iv) In the initial adjustment of the bag leak detection system,
the owner or operator must establish, at a minimum, the baseline output
by adjusting the sensitivity (range) and the averaging period of the
device, the alarm set points, and the alarm delay time.
    (v) Following initial adjustment, the owner or operator shall not
adjust the averaging period, alarm set point, or alarm delay time
without approval from the Administrator or delegated authority except
as provided in paragraph (c)(1)(vi) of this section.
    (vi) Once per quarter, the owner or operator may adjust the
sensitivity of the bag leak detection system to account for seasonal
effects, including temperature and humidity, according to the
procedures identified in the site-specific monitoring plan required by
paragraph (c)(2) of this section.
    (vii) The owner or operator shall install the bag leak detection
sensor downstream of the baghouse and upstream of any wet scrubber.
    (viii) Where multiple detectors are required, the system's
instrumentation and alarm may be shared among detectors.
    (2) The owner or operator shall develop and submit to the
Administrator for approval a site-specific monitoring plan for each
baghouse and bag leak detection system. The owner or operator shall
operate and maintain each baghouse and bag leak detection system
according to the site-specific monitoring plan at all times. Each
monitoring plan must describe the items in paragraphs (c)(2)(i) through
(vii) of this section.
    (i) Installation of the bag leak detection system;
    (ii) Initial and periodic adjustment of the bag leak detection
system, including how the alarm set-point will be established;
    (iii) Operation of the bag leak detection system, including quality
assurance procedures;
    (iv) How the bag leak detection system will be maintained,
including a routine maintenance schedule and spare parts inventory
list;
    (v) How the bag leak detection system output will be recorded and
stored;
    (vi) Corrective action procedures as specified in paragraph (c)(3)
of this section. In approving the site-specific monitoring plan, the
Administrator or delegated authority may allow owners and operators
more than 3 hours to alleviate a specific condition that causes an
alarm if the owner or operator identifies in the monitoring plan this
specific condition as one that could lead to an alarm, adequately
explains why it is not feasible to alleviate this condition within 3
hours of the time the alarm occurs, and demonstrates that the requested
time will ensure alleviation of this condition as expeditiously as
practicable; and
    (vii) How the baghouse system will be operated and maintained,
including monitoring of pressure drop across baghouse cells and
frequency of visual inspections of the baghouse interior and baghouse
components such as fans and dust removal and bag cleaning mechanisms.
    (3) For each bag leak detection system, the owner or operator shall
initiate procedures to determine the cause of every alarm within 1 hour
of the alarm. Except as provided in paragraph (c)(2)(vi) of this
section, the owner or operator shall alleviate the cause of the alarm
within 3 hours of the alarm by taking whatever corrective action(s) are
necessary. Corrective actions may include, but are not limited to the
following:
    (i) Inspecting the baghouse for air leaks, torn or broken bags or
filter media, or any other condition that may cause an increase in
particulate emissions;
    (ii) Sealing off defective bags or filter media;
    (iii) Replacing defective bags or filter media or otherwise
repairing the control device;
    (iv) Sealing off a defective baghouse compartment;
    (v) Cleaning the bag leak detection system probe or otherwise
repairing the bag leak detection system; or
    (vi) Shutting down the process producing the particulate emissions.
    (4) The owner or operator shall maintain records of the information
specified in paragraphs (c)(4)(i) through (iii) of this section for
each bag leak detection system.
    (i) Records of the bag leak detection system output;
    (ii) Records of bag leak detection system adjustments, including
the date and time of the adjustment, the initial bag leak detection
system settings, and the final bag leak detection system settings; and
    (iii) The date and time of all bag leak detection system alarms,
the time that procedures to determine the cause of the alarm were
initiated, the cause of the alarm, an explanation of the actions taken,
the date and time the cause of the alarm was alleviated, and whether
the alarm was alleviated within 3 hours of the alarm.
    (d) Continuous emissions monitoring systems (CEMS). The owner or
operator of a FCCU or fluid coking unit subject to the PM emissions
limit (gr/dscf) in Sec.  60.102a(b)(1) shall install, operate,
calibrate, and maintain an instrument for continuously monitoring and
recording the concentration (0 percent excess air) of PM in the exhaust
gases prior to release to the atmosphere. The monitor must include an
O2 monitor for correcting the data for excess air.
    (1) The owner or operator shall install, operate, and maintain each
PM monitor according to Performance Specification 11 of 40 CFR part 60,
appendix B. The span value of this PM monitor is 0.08 gr/dscf PM.
    (2) The owner or operator shall conduct performance evaluations of
each PM monitor according to the requirements in Sec.  60.13(c) and
Performance Specification 11. The owner or operator shall use Method 5
for conducting the relative accuracy evaluations.
    (3) The owner or operator shall install, operate, and maintain each
O2 monitor according to Performance Specification 3 of 40
CFR part 60, appendix B. The span value of this O2 monitor
is 25 percent.
    (4) The owner or operator shall conduct performance evaluations of
each O2 monitor according to the requirements in Sec.
60.13(c) and Performance Specification 3. Method 3, 3A, or 3B shall be
used for conducting the relative accuracy evaluations. The method ASME
PTC 19.10-1981, ``Flue and Exhaust Gas Analyses,'' (incorporated by
reference--see Sec.  60.17) is an acceptable alternative to EPA Method
3B.
    (5) The owner or operator shall comply with the quality assurance
requirements of procedure 2 in 40 CFR part 60, appendix F for each PM
CEMS and procedure 1 in 40 CFR part 60, appendix F for each
O2 monitor, including quarterly accuracy determinations for
each PM monitor, annual accuracy determinations for each O2
monitor, and daily calibration drift tests.
    (e) FCCU and fluid coking units subject to NOX limit. Each owner or
operator of a FCCU or fluid coking unit subject to the NOX
emissions limit in Sec.  60.102a(b)(2) shall install, operate,
calibrate, and maintain an instrument for continuously monitoring and
recording the concentration by volume (dry basis, 0 percent excess air)
of NOX emissions into the atmosphere. The monitor must
include an O2 monitor for correcting the data for excess
air.
    (1) The owner or operator shall install, operate, and maintain each
NOX monitor according to Performance Specification 2 (40 CFR
part 60,

appendix B). The span value of this NOX monitor is 200 ppmv
NOX.
    (2) The owner or operator shall conduct performance evaluations of
each NOX monitor according to the requirements in Sec.
60.13(c) and Performance Specification 2. The owner or operator shall
use Methods 7, 7A, 7C, 7D, or 7E (40 CFR part 60, appendix A) for
conducting the relative accuracy evaluations.
    (3) The owner or operator shall install, operate, and maintain each
O2 monitor according to Performance Specification 3 of 40
CFR part 60, appendix B. The span value of this O2 monitor
is 25 percent.
    (4) The owner or operator shall conduct performance evaluations of
each O2 monitor according to the requirements in Sec.
60.13(c) and Performance Specification 3. Method 3, 3A, or 3B shall be
used for conducting the relative accuracy evaluations. The method ASME
PTC 19.10-1981, ``Flue and Exhaust Gas Analyses,'' (incorporated by
reference--see Sec.  60.17) is an acceptable alternative to EPA Method
3B.
    (5) The owner or operator shall comply with the quality assurance
requirements of procedure 1 in 40 CFR part 60, appendix F for each
SO2 and O2 monitor, including quarterly accuracy
determinations for SO2 monitors, annual accuracy
determinations for O2 monitors, and daily calibration drift
tests.
    (f) FCCU and fluid coking units subject to SO2 limit.
The owner or operator a FCCU and fluid coking unit subject to the
SO2 emissions limit in Sec.  60.102a(b)(3) shall install,
operate, calibrate, and maintain an instrument for continuously
monitoring and recording the concentration by volume (dry basis,
corrected to 0 percent excess air) of SO2 emissions into the
atmosphere. The monitor shall include an O2 monitor for
correcting the data for excess air.
    (1) The owner or operator shall install, operate, and maintain each
SO2 monitor according to Performance Specification 2 (40 CFR
part 60, appendix B). The span value of this SO2 monitor is
200 ppmv SO2.
    (2) The owner or operator shall conduct performance evaluations of
each SO2 monitor according to the requirements in Sec.
60.13(c) and Performance Specification 2. The owner or operator shall
use Methods 6, 6A, or 6C (40 CFR part 60, appendix A) for conducting
the relative accuracy evaluations. The method ASME PTC 19.10-1981,
``Flue and Exhaust Gas Analyses,'' (incorporated by reference--see
Sec.  60.17) is an acceptable alternative to EPA Method 6 or 6A.
    (3) The owner or operator shall install, operate, and maintain each
O2 monitor according to Performance Specification 3 of 40
CFR part 60, appendix B. The span value of this O2 monitor
is 10 percent.
    (4) The owner or operator shall conduct performance evaluations of
each O2 monitor according to the requirements in Sec.
60.13(c) and Performance Specification 3. Method 3, 3A, or 3B shall be
used for conducting the relative accuracy evaluations. The method ASME
PTC 19.10-1981, ``Flue and Exhaust Gas Analyses,'' (incorporated by
reference--see Sec.  60.17) is an acceptable alternative to EPA Method
3B.
    (5) The owner or operator shall comply with the quality assurance
requirements of procedure 1 in 40 CFR part 60, appendix F for each
SO2 and O2 monitor, including quarterly accuracy
determinations for SO2 monitors, annual accuracy
determinations for O2 monitors, and daily calibration drift
tests.
    (g) FCCU and fluid coking units subject to CO emissions limit.
Except as specified in paragraph (g)(3) of this section, the owner or
operator shall install, operate, calibrate, and maintain an instrument
for continuously monitoring and recording the concentration by volume
(dry basis) of CO emissions into the atmosphere from each FCCU and
fluid coking unit subject to the CO emissions limit in Sec.
60.102a(b)(4).
    (1) The owner or operator shall install, operate, and maintain each
CO monitor according to Performance Specification 4 (40 CFR part 60,
appendix B). The span value for this instrument is 1,000 ppm CO.
    (2) The owner or operator shall conduct performance evaluations of
each CO monitor according to the requirements in Sec.  60.13(c) and
Performance Specification 4 (40 CFR part 60, appendix A). The owner or
operator shall use Methods 10, 10A, or 10B for conducting the relative
accuracy evaluations using the procedures specified in Sec.
60.106a(b).
    (3) A CO CEMS need not be installed if the owner or operator
demonstrates that the average CO emissions are less than 50 ppm (dry
basis) and also submits a written request for exemption to the
Administrator and receives such an exemption.
    (i) The demonstration shall consist of continuously monitoring CO
emissions for 30 days using an instrument that meets the requirements
of Performance Specification 4 (40 CFR part 60, appendix B). The span
value shall be 100 ppm CO instead of 1,000 ppm, and the relative
accuracy limit shall be 10 percent of the average CO emissions or 5 ppm
CO, whichever is greater. For instruments that are identical to Method
10 and employ the sample conditioning system of Method 10A, the
alternative relative accuracy test procedure in section 10.1 of
Performance Specification 2 may be used in place of the relative
accuracy test.
    (ii) The written request for exemption must include descriptions of
the CPMS for exhaust gas temperature and O2 monitor required
in paragraph (g)(4) of this section and operating limits for those
parameters to ensure combustion conditions remain similar to those that
exist during the demonstration period.
    (4) The owner or operator of a FCCU or fluid coking unit that is
exempted from the requirement to install and operate a CO CEMS in
paragraph (g)(3) of this section shall install, operate, calibrate, and
maintain CPMS to measure and record the operating parameters in
paragraph (g)(4)(i) or (ii) of this section. The owner or operator
shall install, operate, and maintain each CPMS according to the
manufacturer's specifications.
    (i) For a FCCU or fluid coking unit with no post-combustion control
device, the temperature and O2 concentration of the exhaust
gas stream exiting the unit.
    (ii) For a FCCU or fluid coking unit with a post-combustion control
device, the temperature and O2 concentration of the exhaust
gas stream exiting the control device.
    (h) Excess emissions. For the purpose of reports required by Sec.
60.7(c), periods of excess emissions for a FCCU or fluid coking unit
subject to the emissions limitations in Sec.  60.102a(b) are defined as
specified in paragraphs (h)(1) through (4) of this section. Note:
Determine all averages as the arithmetic average of the applicable 1-
hour averages, e.g., determine the rolling 3-hour average as the
arithmetic average of three contiguous 1-hour averages.
    (1) All 24-hour periods during which the average PM control device
operating characteristics, as measured by the continuous monitoring
systems under Sec.  60.105a(b)(1), fall below the levels established
during the performance test. Alternatively, if a PM CEMS is used
according to Sec.  60.105a(d), all 7-day periods during which the
average PM emission rate, as measured by the continuous PM monitoring
system under Sec.  60.105a(a)(2) exceeds 0.020 gr/dscf.
    (2) All rolling 7-day periods during which the average
concentration of NOX

as measured by the NOX CEMS under Sec.  60.105a(e) exceeds
80 ppmv.
    (3) All rolling 7-day periods during which the average
concentration of SO2 as measured by the SO2 CEMS
under Sec.  60.105a(f) exceeds 50 ppmv, and all rolling 365-day periods
during which the average concentration of SO2 as measured by
the SO2 CEMS exceeds 25 ppmv.
    (4) All 1-hour periods during which the average CO concentration as
measured by the CO continuous monitoring system under Sec.  60.105a(g)
exceeds 500 ppmv or, if applicable, all 1-hour periods during which the
average temperature and O2 concentration as measured by the
continuous monitoring systems under Sec.  60.105a(g)(4) fall below the
operating limits established during the performance test.

Sec.  60.106a  Monitoring of emissions and operations for sulfur
recovery plants.

    (a) Sulfur recovery plants. The owner or operator of a sulfur
recovery plant shall comply with the applicable requirements in
paragraphs (a)(1) through (5) of this section.
    (1) The owner or operator of a sulfur recovery plant with a
capacity greater than 20 LTD that is subject to an SO2
emissions limit in Sec.  60.102a(e)(1) shall install, operate,
calibrate, and maintain an instrument using an air or O2
dilution and oxidation system to convert any reduced sulfur to
SO2 for continuously monitoring and recording the
concentration (dry basis, 0 percent excess air) of the total resultant
SO2. The monitor must include an O2 monitor for
correcting the data for excess O2.
    (i) The owner or operator shall install, operate, and maintain each
SO2 CEMS according to Performance Specification 2 (40 CFR
part 60, appendix B). The span value for this monitor is 500 ppm
SO2.
    (ii) The owner or operator shall conduct performance evaluations of
each SO2 monitor according to the requirements in Sec.
60.13(c) and Performance Specification 2 (40 CFR part 60, appendix B).
The owner or operator shall use Methods 6 or 6C and 15 or 15A (40 CFR
part 60, appendix A) for conducting the relative accuracy evaluations.
The method ASME PTC 19.10-1981, ``Flue and Exhaust Gas Analyses,''
(incorporated by reference-see Sec.  60.17) is an acceptable
alternative to EPA Method 6 or 15A.
    (iii) The owner or operator shall install, operate, and maintain
each O2 monitor according to Performance Specification 3 (40
CFR part 60, appendix B). The span value for the O2 monitor
is 25 percent O2.
    (iv) The owner or operator shall conduct performance evaluations
for the O2 monitor according to the requirements of Sec.
60.13(c) and Performance Specification 3. The owner or operator shall
use Methods 3, 3A, or 3B for conducting the relative accuracy
evaluations. The method ASME PTC 19.10-1981, ``Flue and Exhaust Gas
Analyses,'' (incorporated by reference-see Sec.  60.17) is an
acceptable alternative to EPA Method 3B.
    (v) The owner or operator shall comply with the applicable quality
assurance procedures of 40 CFR part 60, appendix F for each monitor,
including quarterly accuracy determinations for each SO2
monitor, annual accuracy determinations for each O2 monitor,
and daily calibration drift determinations.
    (2) The owner or operator of a sulfur recovery plant with a
capacity of less than 20 LTD that is subject to an SO2
emissions limit in Sec.  60.102a(e)(2) shall install, operate,
calibrate, and maintain an instrument using an air or O2
dilution and oxidation system to convert any reduced sulfur to
SO2 for continuously monitoring and recording the
concentration of the total resultant SO2 and an instrument
for continuously monitoring the volumetric flow rate of gases released
to the atmosphere. The SO2 monitor must include an
O2 monitor for correcting the data for excess O2.
    (i) The owner or operator shall install, operate, and maintain each
SO2 monitor according to Performance Specification 2 (40 CFR
part 60, appendix B). The span value for the SO2 monitor
shall be set at 125 percent of the maximum estimated hourly potential
SO2 emission concentration that translates to the applicable
emission limit at full sulfur production capacity.
    (ii) The owner or operator shall conduct performance evaluations
for the SO2 monitor according to the requirements of Sec.
60.13(c) and Performance Specification 2 (40 CFR part 60, appendix B).
Methods 6, 6A, 6C, 15, or 15A (40 CFR part 60, appendix A) shall be
used for conducting the relative accuracy evaluations. The method ASME
PTC 19.10-1981, ``Flue and Exhaust Gas Analyses,'' (incorporated by
reference-see Sec.  60.17) is an acceptable alternative to EPA Method
6, 6A, or 15A.
    (iii) The owner or operator shall install, operate, and maintain
each O2 monitor and flow monitor according to Performance
Specification 3 (40 CFR part 60, appendix B). The span value for the
O2 monitor is 25 percent O2. The span value for
the volumetric flow monitor shall be set at 125 percent of the maximum
estimated volumetric flow rate when the unit is operating at full
process capacity.
    (iv) The owner or operator shall conduct performance evaluations
for the O2 monitor and flow monitor according to the
requirements of Sec.  60.13(c) and Performance Specification 3. The
owner or operator shall use Methods 3, 3A, or 3B for conducting the
relative accuracy evaluations. The method ASME PTC 19.10-1981, ``Flue
and Exhaust Gas Analyses,'' (incorporated by reference-see Sec.  60.17)
is an acceptable alternative to EPA Method 3B.
    (v) The owner or operator shall comply with the applicable quality
assurance requirements in 40 CFR part 60, appendix F for each monitor,
including quarterly accuracy determinations for SO2 and flow
monitors, annual accuracy determinations for O2 monitors,
and daily calibration drift tests.
    (3) Except as provided under paragraph (a)(4) of this section, the
owner or operator of a sulfur recovery plant that is subject to the
H2S emissions limit in Sec.  60.102a(e)(3) shall install,
operate, calibrate, and maintain an instrument for continuously
monitoring and recording the concentration of H2S (dry
basis, 0 percent excess air) emissions into the atmosphere. The
H2S monitor must include an O2 monitor for
correcting the data for excess O2.
    (i) The owner or operator shall install, operate, and maintain each
H2S monitor according to Performance Specification 7 (40 CFR
part 60, appendix B). The span value for this instrument is 20 ppmv
H2S.
    (ii) The owner or operator shall conduct performance evaluations
for each H2S monitor according to the requirements of Sec.
60.13(c) and Performance Specification 7 (40 CFR part 60, appendix B).
The owner or operator shall use Method 11, 15, 15A, or 16 (40 CFR part
60, appendix A) for conducting the relative accuracy evaluations. The
method ASME PTC 19.10-1981, ``Flue and Exhaust Gas Analyses,''
(incorporated by reference--see Sec.  60.17) is an acceptable
alternative to EPA Method 15A.
    (iii) The owner or operator shall install, operate, and maintain
each O2 monitor according to Performance Specification 3 of
40 CFR part 60, appendix B. The span value of this O2
monitor is 25 percent.
    (iv) The owner or operator shall conduct performance evaluations of
each O2 monitor according to the requirements in Sec.
60.13(c) and Performance Specification 3. Method 3,

3A, or 3B shall be used for conducting the relative accuracy
evaluations. The method ASME PTC 19.10-1981, ``Flue and Exhaust Gas
Analyses,'' (incorporated by reference--see Sec.  60.17) is an
acceptable alternative to EPA Method 3B.
    (v) The owner or operator shall comply with the quality assurance
requirements of procedure 1 in 40 CFR part 60, appendix F for each
monitor, including quarterly accuracy determinations and daily
calibration drift tests.
    (4) In place of the H2S monitor required in paragraph
(a)(3) of this section, the owner or operator of a sulfur recovery
plant that is subject to the H2S emissions limit in Sec.
60.102a(e)(3) and that is equipped with an oxidation control system,
incinerator, thermal oxidizer, or similar combustion device can use a
CPMS for continuously monitoring and recording the temperature of the
exhaust gases and an O2 monitor for continuously monitoring
and recording the O2 concentration of the exhaust gases.
    (i) The span values for the temperature monitor is 1,500 [deg]F.
    (ii) The owner or operator shall install, operate, and maintain
each O2 monitor according to Performance Specification 3 (40
CFR part 60, appendix B). The span value for the O2 monitor
is 25 percent O2.
    (iii) The owner or operator shall conduct performance evaluations
for the O2 monitor according to the requirements of Sec.
60.13(c) and Performance Specification 3. The owner or operator shall
use Methods 3, 3A, or 3B for conducting the relative accuracy
evaluations. The method ASME PTC 19.10-1981, ``Flue and Exhaust Gas
Analyses,'' (incorporated by reference--see Sec.  60.17) is an
acceptable alternative to EPA Method 3B.
    (iv) The owner or operator shall comply with the applicable quality
assurance procedures in 40 CFR part 60, appendix F for each
O2 monitor, including annual accuracy determinations.
    (5) The owner or operator of a sulfur recovery plant subject to an
emissions limit in Sec.  60.102a(b) shall determine and record the
hourly sulfur production rate and hours of operation for each sulfur
recovery plant.
    (b) Excess emissions. For the purpose of reports required by Sec.
60.7(c), periods of excess emissions for sulfur recovery plants subject
to the emissions limitations in Sec.  60.102a(b) are defined as
specified in paragraphs (b)(1) through (3) of this section.

    Note: Determine all averages as the arithmetic average of the
applicable 1-hour averages, e.g., determine the rolling 3-hour
average as the arithmetic average of three contiguous 1-hour
averages.

    (1) For sulfur recovery plants with a capacity greater than 20 LTD,
all 12-hour periods during which the average concentration of
SO2 and reduced sulfur compounds as measured by the
SO2 continuous monitoring system under paragraph (a)(1) of
this section exceeds 250 ppmv (dry basis, 0 percent excess air).
    (2) For sulfur recovery plants with a capacity of 20 LTD or less,
all 12-hour periods during which the mass rate of SO2 and
reduced sulfur compounds as measured by the continuous monitoring
systems under paragraph (a)(2) of this section exceeds 1 percent of
sulfur recovered.
    (3) All 1-hour periods during which the average concentration of
H2S as measured by the H2S continuous monitoring
system under paragraph (a)(3) of this section exceeds 10 ppm (dry
basis, 0 percent excess air) or, if applicable, all 1-hour periods
during which the average temperature and O2 concentration as
measured by the continuous monitoring systems under paragraph (a)(4) of
this section fall below the operating limits established during the
performance test.

Sec.  60.107a  Monitoring of emissions and operations for process
heaters and other fuel gas combustion devices.

    (a) Process heaters and other fuel gas combustion devices subject
to SO2, H2S, or TRS limit. The owner or operator of a process heater or
other fuel gas combustion device that is subject to the requirements in
Sec.  60.102(a)(g) shall comply with the requirements in paragraph
(a)(1) of this section for SO2 emissions. Alternatively, the
owner or operator of a process heater or other fuel gas combustion
device who elects to satisfy the requirements of Sec.  60.102(a)(h)
shall comply with the requirements in paragraph (a)(2) of this section
for H2S concentration limits or paragraph (a)(3) of this
section for TRS concentration limits. Certain exceptions to all of
these requirements are provided in paragraph (a)(4) of this section.
    (1) The owner or operator of a process heater or other fuel gas
combustion device subject to the SO2 emissions limits in
Sec.  60.102a(g)(i) and (ii) shall install, operate, calibrate, and
maintain an instrument for continuously monitoring and recording the
concentration (dry basis, 0 percent excess air) of SO2
emissions into the atmosphere. The monitor must include an
O2 monitor for correcting the data for excess air.
    (i) The owner or operator shall install, operate, and maintain each
SO2 monitor according to Performance Specification 2 (40 CFR
part 60, appendix B). The span values for the SO2 monitor is
50 ppm SO2.
    (ii) The owner or operator shall conduct performance evaluations
for the SO2 monitor according to the requirements of Sec.
60.13(c) and Performance Specification 2 (40 CFR part 60, appendix B).
The owner or operator shall use Methods 6, 6A, or 6C (40 CFR part 60,
appendix A) for conducting the relative accuracy evaluations. The
method ASME PTC 19.10-1981, ``Flue and Exhaust Gas Analyses,''
(incorporated by reference-see Sec.  60.17) is an acceptable
alternative to EPA Method 6 or 6A. Method 6 samples shall be taken at a
flow rate of approximately 2 liters/min for at least 30 minutes. The
relative accuracy limit shall be 20 percent or 4 ppm, whichever is
greater, and the calibration drift limit shall be 5 percent of the
established span value.
    (iii) The owner or operator shall install, operate, and maintain
each O2 monitor according to Performance Specification 3 (40
CFR part 60, appendix B). The span value for the O2 monitor
is 25 percent O2.
    (iv) The owner or operator shall conduct performance evaluations
for the O2 monitor according to the requirements of Sec.
60.13(c) and Performance Specification 3. The owner or operator shall
use Methods 3, 3A, or 3B for conducting the relative accuracy
evaluations. The method ASME PTC 19.10-1981, ``Flue and Exhaust Gas
Analyses,'' (incorporated by reference-see Sec.  60.17) is an
acceptable alternative to EPA Method 3B.
    (v) The owner or operator shall comply with the applicable quality
assurance procedures in 40 CFR part 60, appendix F, including quarterly
accuracy determinations for SO2 monitors, annual accuracy
determinations for O2 monitors, and daily calibration drift
tests.
    (vi) Process heaters or other fuel gas combustion devices having a
common source of fuel gas may be monitored at only one location (i.e.,
after one of the combustion devices), if monitoring at this location
accurately represents the SO2 emissions into the atmosphere
from each of the combustion devices.
    (2) The owner or operator of a fuel gas combustion device subject
to the H2S concentration limits in Sec.  60.102a(h)(1) shall
install, operate, calibrate, and maintain an instrument for
continuously monitoring and recording the concentration by volume (dry
basis) of H2S in the fuel gases before being

burned in any fuel gas combustion device.
    (i) The owner or operator shall install, operate, and maintain each
H2S monitor according to Performance Specification 7 (40 CFR
part 60, appendix B). The span value for this instrument is 425 ppmv
H2S.
    (ii) The owner or operator shall conduct performance evaluations
for each H2S monitor according to the requirements of Sec.
60.13(c) and Performance Specification 7 (40 CFR part 60, appendix B).
The owner or operator shall use Method 11, 15, 15A, or 16 (40 CFR part
60, appendix A) for conducting the relative accuracy evaluations. The
method ASME PTC 19.10-1981, ``Flue and Exhaust Gas Analyses,''
(incorporated by reference-see Sec.  60.17) is an acceptable
alternative to EPA Method 15A.
    (iii) The owner or operator shall comply with the applicable
quality assurance procedures in 40 CFR part 60, appendix F for each
H2S monitor.
    (iv) Fuel gas combustion devices having a common source of fuel gas
may be monitored at only one location, if monitoring at this location
accurately represents the concentration of H2S in the fuel
gas being burned.
    (3) The owner or operator of a fuel gas combustion device subject
to the TRS concentration limits in Sec.  60.102a(h)(2) shall install,
operate, calibrate, and maintain an instrument for continuously
monitoring and recording the concentration by volume (dry basis) of TRS
in the fuel gases before being burned in any fuel gas combustion
device.
    (i) The owner or operator shall install, operate, and maintain each
TRS monitor according to Performance Specification 5 (40 CFR part 60,
appendix B). The span value for this instrument is 425 ppmv TRS.
    (ii) The owner or operator shall conduct performance evaluations
for each TRS monitor according to the requirements of Sec.  60.13(c)
and Performance Specification 5 (40 CFR part 60, appendix B). The owner
or operator shall use Method 16 (40 CFR part 60, appendix A) for
conducting the relative accuracy evaluations.
    (iii) The owner or operator shall comply with the applicable
quality assurance procedures in 40 CFR part 60, appendix F for each TRS
monitor.
    (iv) Fuel gas combustion devices having a common source of fuel gas
may be monitored at only one location, if monitoring at this location
accurately represents the concentration of TRS in the fuel gas being
burned.
    (4) The owner or operator of a process heater or other fuel gas
combustion device is not required to comply with paragraph (a)(1),
paragraph (a)(2), or paragraph (a)(3) of this section for streams that
are exempt under Sec.  60.102(a)(i) and fuel gas streams combusted in a
process heater or other fuel gas combustion device that are inherently
low in sulfur content. Fuel gas streams meeting one of the requirements
in paragraphs (a)(4)(i) through (iv) of this section will be considered
inherently low in sulfur content.
    (i) Pilot gas for heaters and flares.
    (ii) Gas streams that meet commercial-grade product specifications
and have a sulfur content of 30 ppmv or less.
    (iii) Fuel gas streams produced in process units that are
intolerant to sulfur contamination, such as fuel gas streams produced
in the hydrogen plant, catalytic reforming unit, and isomerization
unit.
    (iv) Other streams that an owner or operator demonstrates are low-
sulfur according to the procedures in paragraph (b) of this section.
    (5) If the composition of an exempt stream changes such that it is
no longer exempt under Sec.  60.102(a)(i) or it no longer meets one of
the criteria in paragraph (a)(4)(i) through (iv) of this section, the
owner or operator must begin continuously monitoring the stream within
15 days of the change.
    (b) Exemption from H2S monitoring requirements for low-
sulfur gas streams. The owner or operator of a fuel gas combustion
device may apply for an exemption from the H2S monitoring
requirements in paragraph (a)(2) of this section or the TRS monitoring
requirements in paragraph (a)(3) of this section for a gas stream that
is inherently low in sulfur content. A gas stream that is demonstrated
to be low-sulfur is exempt from the monitoring requirements of
paragraph (a)(2) or (a)(3) of this section until there are changes in
operating conditions or stream composition.
    (1) The owner or operator shall submit to the Administrator a
written application for an exemption from the H2S or TRS
monitoring requirements. The owner or operator shall include the
following information in the application:
    (i) A description of the gas stream/system to be considered,
including submission of a portion of the appropriate piping diagrams
indicating the boundaries of the gas stream/system, and the affected
fuel gas combustion device(s) to be considered;
    (ii) A statement that there are no crossover or entry points for
sour gas (high H2S content) to be introduced into the gas
stream/system (this should be shown in the piping diagrams);
    (iii) An explanation of the conditions that ensure low amounts of
sulfur in the gas stream (i.e., control equipment or product
specifications) at all times;
    (iv) The supporting test results from sampling the requested gas
stream/system demonstrating that the sulfur content is less than 5 ppm
H2S or TRS. Sampling data must include, at minimum, 2 weeks
of daily monitoring (14 grab samples) for frequently operated gas
streams/systems; for infrequently operated gas streams/systems, seven
grab samples must be collected unless other additional information
would support reduced sampling. The owner or operator shall use
detector tubes (``length-of-stain tube'' type measurement) following
the ``Gas Processor Association's Test for Hydrogen Sulfide and Carbon
Dioxide in Natural Gas Using Length of Stain Tubes,'' 1986 Revision
(incorporated by reference--see Sec.  60.17) with ranges 0-10/0-100 ppm
(N =10/1) to test the applicant stream for H2S or Method 16
(40 CFR part 60, appendix A) for TRS.
    (v) A description of how the 2 weeks (or seven samples for
infrequently operated gas streams/systems) of monitoring results
compares to the typical range of H2S concentration (fuel
quality) expected for the gas stream/system going to the affected fuel
gas combustion device (e.g., the 2 weeks of daily detector tube results
for a frequently operated loading rack included the entire range of
products loaded out, and, therefore, should be representative of
typical operating conditions affecting H2S or TRS content in
the gas stream going to the loading rack flare).
    (2) Once EPA receives a complete application, the Administrator
will determine whether an exemption is granted. The owner or operator
shall continue to comply with the monitoring requirements in paragraph
(a)(2) or paragraph (a)(3) of this section until an exemption is
granted.
    (3) Once an exemption from H2S or TRS monitoring is
granted, no further action is required unless refinery operating
conditions change in such a way that affects the exempt gas stream/
system (e.g., the stream composition changes). If such a change occurs,
the owner or operator shall follow the procedures in paragraph
(b)(3)(i), (b)(3) (ii), or (b)(3)(iii) of this section.
    (i) If the operation change results in a sulfur content that is
still within the range of concentrations included in the original
application, the owner or operator shall conduct an H2S test
on a grab sample (or TRS test, if applicable)

and record the results as proof that the concentration is still within
the range.
    (ii) If the operation change results in a sulfur content that is
outside the range of concentrations included in the original
application, the owner or operator may submit a new application
following the procedures of paragraph (b)(1) of this section within 60
days (or within 30 days after the seventh grab sample is tested for
infrequently operated process units).
    (iii) If the operation change results in a sulfur content that is
outside the range of concentrations included in the original
application, and the owner or operator chooses not to submit a new
application, the owner or operator must begin continuous H2S
or TRS monitoring as required in paragraph (a)(2) or paragraph (a)(3)
of this section within 15 days of the operation change.
    (c) Process heaters subject to NOX limit. The owner or
operator of a process heater subject to the NOX emissions
limits in Sec.  60.102a(g)(iii) shall install, operate, calibrate, and
maintain an instrument for continuously monitoring and recording the
concentration (dry basis, 0 percent excess air) of NOX
emissions into the atmosphere. The monitor must include an
O2 monitor for correcting the data for excess air.
    (1) The owner or operator shall install, operate, and maintain each
NOX monitor according to Performance Specification 2 (40 CFR
part 60, appendix B). The span value of this NOX monitor is
200 ppmv NOX.
    (2) The owner or operator shall conduct performance evaluations of
each NOX monitor according to the requirements in Sec.
60.13(c) and Performance Specification 2. The owner or operator shall
use Methods 7, 7A, 7C, 7D, or 7E (40 CFR part 60, appendix A) for
conducting the relative accuracy evaluations. The method ASME PTC
19.10-1981, ``Flue and Exhaust Gas Analyses,'' (incorporated by
reference-see Sec.  60.17) is an acceptable alternative to EPA Method 7
or 7C.
    (3) The owner or operator shall install, operate, and maintain each
O2 monitor according to Performance Specification 3 of 40
CFR part 60, appendix B. The span value of this O2 monitor
is 25 percent.
    (4) The owner or operator shall conduct performance evaluations of
each O2 monitor according to the requirements in Sec.
60.13(c) and Performance Specification 3. Method 3, 3A, or 3B shall be
used for conducting the relative accuracy evaluations. The method ASME
PTC 19.10-1981, ``Flue and Exhaust Gas Analyses,'' (incorporated by
reference-see Sec.  60.17) is an acceptable alternative to EPA Method
3B.
    (5) The owner or operator shall comply with the quality assurance
requirements of procedure 1 in 40 CFR part 60, appendix F for each
SO2 and O2 monitor, including quarterly accuracy
determinations for SO2 monitors, annual accuracy
determinations for O2 monitors, and daily calibration drift
tests.
    (d) Excess emissions. For the purpose of reports required by Sec.
60.7(c), periods of excess emissions for process heaters and other fuel
gas combustion devices subject to the emissions limitations in Sec.
60.102a(g) or Sec.  60.102a(h) are defined as specified in paragraphs
(d)(1) and (3) of this section. Note: Determine all averages as the
arithmetic average of the applicable 1-hour averages, e.g., determine
the rolling 3-hour average as the arithmetic average of three
contiguous 1-hour averages.
    (1) All rolling 3-hour periods during which the average
concentration of SO2 as measured by the SO2
continuous monitoring system under paragraph (a)(1) of this section
exceeds 20 ppmv, and all rolling 365-day periods during which the
average concentration as measured by the SO2 continuous
monitoring system under paragraph (a)(1) of this section exceeds 8
ppmv.
    (2) All rolling 3-hour periods during which the average
concentration of H2S as measured by the H2S
continuous monitoring system under paragraph (a)(2) of this section or
the average concentration of TRS as measured by the TRS continuous
monitoring system under paragraph (a)(3) of this section exceeds 160
ppmv, and all rolling 365-day periods during which the average
concentration as measured by the H2S continuous monitoring
system under paragraph (a)(2) or the average concentration as measured
by the TRS continuous monitoring system under paragraph (a)(3) of this
section exceeds 60 ppmv.
    (3) All rolling 24-hour periods during which the average
concentration of NOX as measured by the NOX
continuous monitoring system under paragraph (c) of this section
exceeds 80 ppmv (dry basis, 0 percent excess air).

Sec.  60.108a  Recordkeeping and reporting requirements.

    (a) Each owner or operator subject to the emissions limitations in
Sec.  60.102a shall comply with the notification, recordkeeping, and
reporting requirements in Sec.  60.7 and other requirements as
specified in this section.
    (b) Each owner or operator subject to an emissions limitation in
Sec.  60.102a shall notify the Administrator of the specific monitoring
provisions of Sec. Sec.  60.105a, 60.106a, and 60.107a with which the
owner or operator seeks to comply. Notification shall be submitted with
the notification of initial startup required by Sec.  60.7(a)(3).
    Option 1 for paragraph (c):
    (c) The owner or operator shall maintain the following records:
    (1) A copy of the startup and shutdown plan required in Sec.
60.103a(b).
    (2) Records of information to document conformance with operation
and maintenance requirements in Sec.  60.105a(c).
    (3) Records of bag leak detection system alarms and corrective
actions according to Sec.  63.105a(c).
    (4) For each catalytic cracking unit or fluid coking unit subject
to the monitoring requirements in Sec.  60.105a(b)(3), records of the
average coke burn-off rate and hours of operation.
    (5) For each sulfur recovery plant subject to monitoring
requirements in Sec.  60.106a(a)(5), records of the hourly sulfur
production rate and hours of operation for each sulfur recovery plant.
    (6) For each fuel gas stream to which one of the exemptions listed
in Sec.  60.107a(a)(4) applies, records of the specific exemption
determined to apply for each stream. If the owner or operator applies
for the exemption described in Sec.  60.107a(a)(4)(iv), the owner or
operator must keep a copy of the application as well as the letter from
the Administrator granting approval of the application.
    Option 2 for paragraph (c):
    (c) The owner or operator shall maintain the following records:
    (1) Records of information to document conformance with operation
and maintenance requirements in Sec.  60.105a(c).
    (2) Records of bag leak detection system alarms and corrective
actions according to Sec.  63.105a(c).
    (3) For each catalytic cracking unit or fluid coking unit subject
to the monitoring requirements in Sec.  60.105a(b)(3), records of the
average coke burn-off rate and hours of operation.
    (4) For each sulfur recovery plant subject to monitoring
requirements in Sec.  0.106a(a)(5), records of the hourly sulfur
production rate and hours of operation for each sulfur recovery plant.
    (5) For each fuel gas stream to which one of the exemptions listed
in Sec.  60.107a(a)(4) applies, records of the specific exemption
determined to apply for each stream. If the owner or operator applies
for the exemption described in Sec.  60.107a(a)(4)(iv), the owner or

operator must keep a copy of the application as well as the letter from
the Administrator granting approval of the application.
    Option 1 for paragraph (d):
    (d) The owner or operator shall record and maintain records of
discharges from any affected unit to the flare gas system. These
records shall include:
    (1) A description of the discharge;
    (2) The date and time the discharge was first identified and the
duration of the discharge;
    (3) The measured or calculated cumulative quantity of gas
discharged over the discharge duration. If the discharge duration
exceeds 24 hours, record the discharge quantity for each 24 hour
period. Engineering calculations are allowed.
    (4) The measured or estimated concentration of H2S and
SO2 of the stream discharged. Process knowledge can be used
to make these estimates;
    (5) The cumulative quantity of H2S and SO2
released into the atmosphere. For releases controlled by flares or
other fuel gas combustion units, assume 99 percent conversion of
H2S to SO2 and no reduction of SO2.
    (6) Results of any root-cause analysis conducted as required in
Sec.  60.103a(b).
    Option 2 for paragraph (d):
    (d) The owner or operator shall record and maintain records of
discharges from any affected unit to the flare gas system. These
records shall include:
    (1) A description of the discharge;
    (2) The date and time the discharge was first identified and the
duration of the discharge;
    (3) The measured or calculated cumulative quantity of gas
discharged over the discharge duration. If the discharge duration
exceeds 24 hours, record the discharge quantity for each 24 hour
period. Engineering calculations are allowed.
    (4) The measured or estimated concentration of H2S and
SO2 of the stream discharged. Process knowledge can be used
to make these estimates;
    (5) The cumulative quantity of H2S and SO2
released into the atmosphere. For releases controlled by flares or
other fuel gas combustion units, assume 99 percent conversion of
H2S to SO2 and no reduction of SO2.
    Option 1 for paragraph (e):
    (e) Each owner or operator subject to this subpart shall submit an
excess emissions report for all periods of excess emissions according
to the requirements of Sec.  60.7(c) except that the report shall
contain the information specified in paragraphs (e)(1) through (7) of
this section.
    (1) The date that the exceedance occurred;
    (2) An explanation of the exceedance;
    (3) Whether the exceedance was concurrent with a startup, shutdown,
or malfunction of a process unit or control system; and
    (4) A description of the corrective action taken, if any.
    (5) A root-cause summary report that provides the information
described in paragraphs (d)(1) through (4) of this section for all
discharges for which a root-cause analysis was required by Sec.
60.103a(b).
    (6) For any periods for which monitoring data are not available,
any changes made in operation of the emission control system during the
period of data unavailability which could affect the ability of the
system to meet the applicable emission limit. Operations of the control
system and affected facility during periods of data unavailability are
to be compared with operation of the control system and affected
facility before and following the period of data unavailability; and
    (7) A written statement, signed by a responsible official,
certifying the accuracy and completeness of the information contained
in the report.
    Option 2 for paragraph (e):
    (e) Each owner or operator subject to this subpart shall submit an
excess emissions report for all periods of excess emissions according
to the requirements of Sec.  60.7(c) except that the report shall
contain the information specified in paragraphs (e)(1) through (6) of
this section.
    (1) The date that the exceedance occurred;
    (2) An explanation of the exceedance;
    (3) Whether the exceedance was concurrent with a startup, shutdown,
or malfunction of a process unit or control system;
    (4) A description of the corrective action taken, if any.
    (5) For any periods for which monitoring data are not available,
any changes were made in operation of the emission control system
during the period of data unavailability which could affect the ability
of the system to meet the applicable emission limit. Operations of the
control system and affected facility during periods of data
unavailability are to be compared with operation of the control system
and affected facility before and following the period of data
unavailability;
    (6) A written statement, signed by a responsible official,
certifying the accuracy and completeness of the information contained
in the report.
    (f) The owner or operator of an affected facility shall submit the
reports required under this subpart to the Administrator semiannually
for each 6-month period. All semiannual reports shall be postmarked by
the 30th day following the end of each 6-month period.

Sec.  60.109a  Delegation of authority.

    (a) This subpart can be implemented and enforced by the U.S. EPA or
a delegated authority such as a State, local, or tribal agency. You
should contact your U.S. EPA Regional Office to find out if this
subpart is delegated to a State, local, or tribal agency within your
State.
    (b) In delegating implementation and enforcement authority of this
subpart to a State, local, or tribal agency, the approval authorities
contained in paragraphs (b)(1) through (4) of this section are retained
by the Administrator of the U.S. EPA and are not transferred to the
State, local, or tribal agency.
    (1) Approval of an alternative non-opacity emissions standard.
    (2) Approval of a major change to test methods under 40 CFR
60.8(b). A ``major change to test method'' is defined in Sec.  63.90.
    (3) Approval of a major change to monitoring under 40 CFR 60.13(i).
A ``major change to monitoring'' is defined in Sec.  63.90.
    (4) Approval of a major change to recordkeeping/reporting under 40
CFR 60.7(b) through (f). A ``major change to recordkeeping/reporting''
is defined in Sec.  63.90.

[FR Doc. E7-8547 Filed 5-11-07; 8:45 am]

BILLING CODE 6560-50-P