if applicable, auction a total amount of CSAPR NOX Ozone
Season Group 3 allowances for any such control period not exceeding the
amount, under Sec. Sec.  97.1010 and 97.1021 of this chapter for the
State and such control period, of the CSAPR NOX Ozone Season
Group 3 trading budget minus the sum of the Indian country existing
unit set-aside, the new unit set-aside, and the amount of any CSAPR
NOX Ozone Season Group 3 allowances already allocated and
recorded by the Administrator;
* * * * *
    (D) Does not provide for any change, after the submission deadlines
in paragraph (b)(11)(iii)(B) of this section, in the allocations
submitted to the Administrator by such deadlines and does not provide
for any change in any allocation determined and recorded by the
Administrator under subpart GGGGG of part 97 of this chapter or Sec.
97.526(d) or Sec.  97.826(d) or (e) of this chapter; and
    (iv) Provided that the State must submit a complete SIP revision
meeting the requirements of paragraph (b)(11)(iii) of this section by
December 1 of the year before the year of the deadline for submission
of allocations or auction results under paragraph (b)(11)(iii)(B) of
this section applicable to the first control period for which the State
wants to make allocations or hold an auction under paragraph
(b)(11)(iii) of this section.
    (12) Full SIP revisions adopting State CSAPR NOX Ozone Season Group
3 Trading Programs. A State listed in paragraph (b)(2)(iii) of this
section may adopt and include in a SIP revision, and the Administrator
will approve, as correcting the deficiency in the SIP that is the basis
for the CSAPR Federal Implementation Plan set forth in paragraphs
(b)(1), (b)(2)(iii), and (b)(10) and (11) of this section with regard
to sources in the State and areas of Indian country within the borders
of the State subject to the State's SIP authority, regulations that are
substantively identical to the provisions of the CSAPR NOX
Ozone Season Group 3 Trading Program set forth in Sec. Sec.  97.1002
through 97.1035 of this chapter, except that the SIP revision:
* * * * *
    (iii) * * *
    (A) Requires the State or the permitting authority to allocate and,
if applicable, auction a total amount of CSAPR NOX Ozone
Season Group 3 allowances for any such control period not exceeding the
amount, under Sec. Sec.  97.1010 and 97.1021 of this chapter for the
State and such control period, of the CSAPR NOX Ozone Season
Group 3 trading budget minus the sum of the Indian country existing
unit set-aside, the new unit set-aside, and the amount of any CSAPR
NOX Ozone Season Group 3 allowances already allocated and
recorded by the Administrator;
* * * * *
    (D) Does not provide for any change, after the submission deadlines
in paragraph (b)(12)(iii)(B) of this section, in the allocations
submitted to the Administrator by such deadlines and does not provide
for any change in any allocation determined and recorded by the
Administrator under subpart GGGGG of part 97 of this chapter or Sec.
97.526(d) or Sec.  97.826(d) or (e) of this chapter;
* * * * *
    (vi) Must not include any of the requirements imposed on any unit
in areas of Indian country within the borders of the State not subject
to the State's SIP authority in the provisions in Sec. Sec.  97.1002
through 97.1035 of this chapter and must not include the provisions in
Sec. Sec.  97.1011(a)(2), 97.1012, and 97.1021(g) through (j) of this
chapter, all of which provisions will continue to apply under any
portion of the CSAPR Federal Implementation Plan that is not replaced
by the SIP revision;
    (vii) Provided that, if before the Administrator's approval of the
SIP revision any covered unit is located in areas of Indian country
within the borders of the State not subject to the State's SIP
authority before the Administrator's approval of the SIP revision, the
SIP revision must exclude the provisions in Sec. Sec.  97.1002
(definitions of ``common designated representative'', ``common
designated representative's assurance level'', and ``common designated
representative's share''), 97.1006(c)(2), and 97.1025 of this chapter
and the portions of other provisions of subpart GGGGG of part 97 of
this chapter referencing Sec. Sec.  97.1002, 97.1006(c)(2), and
97.1025, and further provided that, if and when after the
Administrator's approval of the SIP revision any covered unit is
located in areas of Indian country within the borders of the State not
subject to the State's SIP authority, the Administrator may modify his
or her approval of the SIP revision to exclude these provisions and may
modify any portion of the CSAPR Federal Implementation Plan that is not
replaced by the SIP revision to include these provisions; and
    (viii) Provided that the State must submit a complete SIP revision
meeting the requirements of paragraphs (b)(12)(iii) through (vi) of
this section by December 1 of the year before the year of the deadline
for submission of allocations or auction results under paragraph
(b)(12)(iii)(B) of this section applicable to the first control period
for which the State wants to make allocations or hold an auction under
paragraph (b)(12)(iii) of this section.
    (13) Withdrawal of CSAPR FIP provisions relating to NOX ozone
season emissions; satisfaction of NOX SIP Call requirements. Following
promulgation of an approval by the Administrator of a State's SIP
revision as correcting the SIP's deficiency that is the basis for the

CSAPR Federal Implementation Plan set forth in paragraphs (b)(1),
(b)(2)(i), and (b)(3) and (4) of this section, paragraphs (b)(1),
(b)(2)(ii), and (b)(7) and (8) of this section, or paragraphs (b)(1),
(b)(2)(iii), and (b)(10) and (11) of this section for sources in the
State and areas of Indian country within the borders of the State
subject to the State's SIP authority--
    (i) Except as provided in paragraph (b)(14) of this section, the
provisions of paragraph (b)(2)(i), (ii), or (iii) of this section, as
applicable, will no longer apply to sources in the State and areas of
Indian country within the borders of the State subject to the State's
SIP authority, unless the Administrator's approval of the SIP revision
is partial or conditional, and will continue to apply to sources in
areas of Indian country within the borders of the State not subject to
the State's SIP authority, provided that if the CSAPR Federal
Implementation Plan was promulgated as a partial rather than full
remedy for an obligation of the State to address interstate air
pollution, the SIP revision likewise will constitute a partial rather
than full remedy for the State's obligation unless provided otherwise
in the Administrator's approval of the SIP revision; and
* * * * *
    (14) * * *
    (ii) Notwithstanding the provisions of paragraph (b)(13)(i) of this
section, if, at the time of any approval of a State's SIP revision
under this section, the Administrator has already started recording any
allocations of CSAPR NOX Ozone Season Group 1 allowances
under subpart BBBBB of part 97 of this chapter, or allocations of CSAPR
NOX Ozone Season Group 2 allowances under subpart EEEEE of
part 97 of this chapter, or allocations of CSAPR NOX Ozone
Season Group 3 allowances under subpart GGGGG of part 97 of this
chapter, to units in the State and areas of Indian country within the
borders of the State subject to the State's SIP authority for a control
period in any year, the provisions of such subpart authorizing the
Administrator to complete the allocation and recordation of such
allowances to such units for each such control period shall continue to
apply, unless provided otherwise by such approval of the State's SIP
revision.
    (iii) Notwithstanding any discontinuation pursuant to paragraph
(b)(2)(i)(B), (b)(2)(ii)(B) or (C), or (b)(13)(i) of this section of
the applicability of subpart BBBBB or EEEEE of part 97 of this chapter
to the sources in a State and areas of Indian country within the
borders of the State subject to the State's SIP authority with regard
to emissions occurring in any control period, the following provisions
shall continue to apply with regard to all CSAPR NOX Ozone
Season Group 1 allowances and CSAPR NOX Ozone Season Group 2
allowances at any time allocated for any control period to any source
or other entity in the State and areas of Indian country within the
borders of the State subject to the State's SIP authority and shall
apply to all entities, wherever located, that at any time held or hold
such allowances:
    (A) The provisions of Sec. Sec.  97.526(c) and 97.826(c) of this
chapter (concerning the transfer of CSAPR NOX Ozone Season
Group 1 allowances and CSAPR NOX Ozone Season Group 2
allowances between certain Allowance Management System accounts under
common control);
    (B) The provisions of Sec. Sec.  97.526(d) and 97.826(d) and (e) of
this chapter (concerning the conversion of unused CSAPR NOX
Ozone Season Group 1 allowances allocated for specified control periods
to different amounts of CSAPR NOX Ozone Season Group 2
allowances or CSAPR NOX Ozone Season Group 3 allowances and
the conversion of unused CSAPR NOX Ozone Season Group 2
allowances allocated for specified control periods to different amounts
of CSAPR NOX Ozone Season Group 3 allowances); and
    (C) The provisions of Sec.  97.811(d) and (e) of this chapter
(concerning the recall of CSAPR NOX Ozone Season Group 2
allowances equivalent in quantity and usability to all CSAPR
NOX Ozone Season Group 2 allowances allocated for specified
control periods and recorded in specified Allowance Management System
accounts).
    (15) * * *
    (ii) For each of the following States, the Administrator has
approved a SIP revision under paragraph (b)(4) of this section as
replacing the CSAPR NOX Ozone Season Group 1 allowance
allocation provisions in Sec. Sec.  97.511(a) and (b)(1) and 97.512(a)
of this chapter with regard to sources in the State and areas of Indian
country within the borders of the State subject to the State's SIP
authority for the control period in 2017 or any subsequent year:
[none].
* * * * *
    (16) * * *
    (i) * * *
    (B) For each of the following States, the Administrator has
approved a SIP revision under paragraph (b)(8) of this section as
replacing the CSAPR NOX Ozone Season Group 2 allowance
allocation provisions in Sec. Sec.  97.811(a) and (b)(1) and 97.812(a)
of this chapter with regard to sources in the State and areas of Indian
country within the borders of the State subject to the State's SIP
authority for the control period in 2019 or any subsequent year: New
York.
    (C) For each of the following States, the Administrator has
approved a SIP revision under paragraph (b)(9) of this section as
correcting the SIP's deficiency that is the basis for the CSAPR Federal
Implementation Plan set forth in paragraphs (b)(1), (b)(2)(ii), and
(b)(7) and (8) of this section with regard to sources in the State and
areas of Indian country within the borders of the State subject to the
State's SIP authority: Alabama, Indiana, and Missouri.
    (ii) * * *
    (B) Notwithstanding any provision of subpart EEEEE of part 97 of
this chapter or any State's SIP, with regard to any State listed in
paragraph (b)(2)(ii)(C) of this section and any control period that
begins after December 31, 2022, the Administrator will not carry out
any of the functions set forth for the Administrator in subpart EEEEE
of part 97 of this chapter, except Sec. Sec.  97.811(e) and 97.826(c)
and (e) of this chapter, or in any emissions trading program provisions
in a State's SIP approved under paragraph (b)(8) or (9) of this
section.
    (17) * * *
    (i) For each of the following States, the Administrator has
approved a SIP revision under paragraph (b)(10) of this section as
replacing the CSAPR NOX Ozone Season Group 3 allowance
allocation provisions in Sec.  97.1011(a)(1) of this chapter with
regard to sources in the State and areas of Indian country within the
borders of the State subject to the State's SIP authority for the
control period in 2024: [none].
    (ii) For each of the following States, the Administrator has
approved a SIP revision under paragraph (b)(11) of this section as
replacing the CSAPR NOX Ozone Season Group 3 allowance
allocation provisions in Sec.  97.1011(a)(1) of this chapter with
regard to sources in the State and areas of Indian country within the
borders of the State subject to the State's SIP authority for the
control period in 2025 or any subsequent year: [none].
    (iii) For each of the following States, the Administrator has
approved a SIP revision under paragraph (b)(12) of this section as
correcting the SIP's deficiency that is the basis for the CSAPR Federal
Implementation Plan set forth in paragraphs (b)(1), (b)(2)(iii), and
(b)(10) and (11) of this section with regard to sources in the State
and areas of Indian country within the borders of the State subject to
the State's SIP authority: [none].

0
3. Amend Sec.  52.39 by:
0
a. In paragraph (a), removing ``(SO2), except'' and adding
in its place ``(SO2) for sources meeting the applicability
criteria set forth in subparts CCCCC and DDDDD, except'';
0
b. In paragraph (d) introductory text, removing ``the State and'' and
adding in its place ``sources in the State and areas of Indian country
within the borders of the State subject to the State's SIP authority
for'';
0
c. In paragraph (d)(1), removing ``State and'' and adding in its place
``State and areas of Indian country within the borders of the State
subject to the State's SIP authority and that'';
0
d. In paragraph (e) introductory text, removing ``for the State's
sources, and'' and adding in its place ``with regard to sources in the
State and areas of Indian country within the borders of the State
subject to the State's SIP authority, and'';
0
e. Revising table 1 to paragraph (e)(1)(ii);
0
f. In paragraph (e)(2), removing ``deadlines for submission of
allocations or auction results under paragraphs (e)(1)(ii) and (iii)''
and adding in its place ``deadline for submission of allocations or
auction results under paragraph (e)(1)(ii)'';
0
g. In paragraph (f) introductory text, removing ``State (but not
sources in any Indian country within the borders of the State),
regulations'' and adding in its place ``State and areas of Indian
country within the borders of the State subject to the State's SIP
authority, regulations'';
0
h. Revising table 2 to paragraph (f)(1)(ii);
0
i. In paragraph (f)(4), removing ``Indian country within the borders of
the State'' and adding in its place ``areas of Indian country within
the borders of the State not subject to the State's SIP authority'';
0
j. In paragraph (f)(5), removing ``Indian country within the borders of
the State, the'' and adding in its place ``areas of Indian country
within the borders of the State not subject to the State's SIP
authority, the'';
0
k. In paragraph (f)(6), removing ``deadlines for submission of
allocations or auction results under paragraphs (f)(1)(ii) and (iii)''
and adding in its place ``deadline for submission of allocations or
auction results under paragraph (f)(1)(ii)'';
0
l. In paragraph (g) introductory text:
0
i. Removing ``(c)(1) or (2)'' and adding in its place ``(c)''; and
0
ii. Removing ``the State and'' and adding in its place ``sources in the
State and areas of Indian country within the borders of the State
subject to the State's SIP authority for'';
0
m. In paragraph (g)(1), removing ``State and'' and adding in its place
``State and areas of Indian country within the borders of the State
subject to the State's SIP authority and that'';
0
n. In paragraph (h) introductory text, removing ``for the State's
sources, and'' and adding in its place ``with regard to sources in the
State and areas of Indian country within the borders of the State
subject to the State's SIP authority, and'';
0
o. Revising table 3 to paragraph (h)(1)(ii);
0
p. In paragraph (h)(2), removing ``deadlines for submission of
allocations or auction results under paragraphs (h)(1)(ii) and (iii)''
and adding in its place ``deadline for submission of allocations or
auction results under paragraph (h)(1)(ii)'';
0
q. In paragraph (i) introductory text, removing ``State (but not
sources in any Indian country within the borders of the State),
regulations'' and adding in its place ``State and areas of Indian
country within the borders of the State subject to the State's SIP
authority, regulations'';
0
r. Revising table 4 to paragraph (i)(1)(ii);
0
s. In paragraph (i)(4), removing ``Indian country within the borders of
the State'' and adding in its place ``areas of Indian country within
the borders of the State not subject to the State's SIP authority'';
0
t. In paragraph (i)(5), removing ``Indian country within the borders of
the State, the'' and adding in its place ``areas of Indian country
within the borders of the State not subject to the State's SIP
authority, the'';
0
u. In paragraph (i)(6), removing ``deadlines for submission of
allocations or auction results under paragraphs (i)(1)(ii) and (iii)''
and adding in its place ``deadline for submission of allocations or
auction results under paragraph (i)(1)(ii)'';
0
v. Revising paragraphs (j) and (k)(2);
0
w. Adding paragraph (k)(3);
0
x. In paragraphs (l)(1) and (2), removing ``the State and'' and adding
in its place ``sources in the State and areas of Indian country within
the borders of the State subject to the State's SIP authority for'';
0
y. In paragraph (l)(3), removing ``State (but not sources in any Indian
country within the borders of the State):'' and adding in its place
``State and areas of Indian country within the borders of the State
subject to the State's SIP authority:''.
0
z. In paragraphs (m)(1) and (2), removing ``the State and'' and adding
in its place ``sources in the State and areas of Indian country within
the borders of the State subject to the State's SIP authority for'';
and
0
aa. In paragraph (m)(3), removing ``State (but not sources in any
Indian country within the borders of the State):'' and adding in its
place ``State and areas of Indian country within the borders of the
State subject to the State's SIP authority:''.
    The revisions and addition read as follows:

Sec.  52.39  What are the requirements of the Federal Implementation
Plans (FIPs) for the Cross-State Air Pollution Rule (CSAPR) relating to
emissions of sulfur dioxide?

* * * * *
    (e) * * *
    (1) * * *
    (ii) * * *

                     Table 1 to Paragraph (e)(1)(ii)
------------------------------------------------------------------------
  Year of the control period for which      Deadline for submission of
    CSAPR SO2 group 1 allowances are      allocations or auction results
         allocated or auctioned                to the administrator
------------------------------------------------------------------------
2017 or 2018...........................  June 1, 2016.
2019 or 2020...........................  June 1, 2017.
2021 or 2022...........................  June 1, 2018.
2023...................................  June 1, 2019.
2024...................................  June 1, 2020.
2025 or any year thereafter............  June 1 of the year before the
                                          year of the control period.
------------------------------------------------------------------------

* * * * *
    (f) * * *
    (1) * * *
    (ii) * * *

                     Table 2 to Paragraph (f)(1)(ii)
------------------------------------------------------------------------
  Year of the control period for which      Deadline for submission of
    CSAPR SO2 group 1 allowances are      allocations or auction results
         allocated or auctioned                to the administrator
------------------------------------------------------------------------
2017 or 2018...........................  June 1, 2016.
2019 or 2020...........................  June 1, 2017.
2021 or 2022...........................  June 1, 2018.
2023...................................  June 1, 2019.
2024...................................  June 1, 2020.
2025 or any year thereafter............  June 1 of the year before the
                                          year of the control period.
------------------------------------------------------------------------

* * * * *
    (h) * * *
    (1) * * *
    (ii) * * *

                     Table 3 to Paragraph (h)(1)(ii)
------------------------------------------------------------------------
  Year of the control period for which      Deadline for submission of
    CSAPR SO2 group 2 allowances are      allocations or auction results
         allocated or auctioned                to the administrator
------------------------------------------------------------------------
2017 or 2018...........................  June 1, 2016.
2019 or 2020...........................  June 1, 2017.
2021 or 2022...........................  June 1, 2018.
2023...................................  June 1, 2019.
2024...................................  June 1, 2020.
2025 or any year thereafter............  June 1 of the year before the
                                          year of the control period.
------------------------------------------------------------------------

* * * * *
    (i) * * *
    (1) * * *
    (ii) * * *

                     Table 4 to Paragraph (i)(1)(ii)
------------------------------------------------------------------------
  Year of the control period for which      Deadline for submission of
    CSAPR SO2 group 2 allowances are      allocations or auction results
         allocated or auctioned                to the administrator
------------------------------------------------------------------------
2017 or 2018...........................  June 1, 2016.
2019 or 2020...........................  June 1, 2017.
2021 or 2022...........................  June 1, 2018.
2023...................................  June 1, 2019.
2024...................................  June 1, 2020.
2025 or any year thereafter............  June 1 of the year before the
                                          year of the control period.
------------------------------------------------------------------------

* * * * *
    (j) Withdrawal of CSAPR FIP provisions relating to SO2 emissions.
Except as provided in paragraph (k) of this section, following
promulgation of an approval by the Administrator of a State's SIP
revision as correcting the SIP's deficiency that is the basis for the
CSAPR Federal Implementation Plan set forth in paragraphs (a), (b),
(d), and (e) of this section or paragraphs (a), (c)(1), (g), and (h) of
this section for sources in the State and Indian country within the
borders of the State subject to the State's SIP authority, the
provisions of paragraph (b) or (c)(1) of this section, as applicable,
will no longer apply to sources in the State and areas of Indian
country within the borders of the State subject to the State's SIP
authority, unless the Administrator's approval of the SIP revision is
partial or conditional, and will continue to apply to sources in areas
of Indian country within the borders of the State not subject to the
State's SIP authority, provided that if the CSAPR Federal
Implementation Plan was promulgated as a partial rather than full
remedy for an obligation of the State to address interstate air
pollution, the SIP revision likewise will constitute a partial rather
than full remedy for the State's obligation unless provided otherwise
in the Administrator's approval of the SIP revision.
    (k) * * *
    (2) Notwithstanding the provisions of paragraph (j) of this
section, if, at the time of any approval of a State's SIP revision
under this section, the Administrator has already started recording any
allocations of CSAPR SO2 Group 1 allowances under subpart
CCCCC of part 97 of this chapter, or allocations of CSAPR
SO2 Group 2 allowances under subpart DDDDD of part 97 of
this chapter, to units in the State and areas of Indian country within
the borders of the State subject to the State's SIP authority for a
control period in any year, the provisions of such subpart authorizing
the Administrator to complete the allocation and recordation of such
allowances to such units for each such control period shall continue to
apply, unless provided otherwise by such approval of the State's SIP
revision.
    (3) Notwithstanding any discontinuation pursuant to paragraph

(c)(2) or (j) of this section of the applicability of subpart CCCCC or
DDDDD of part 97 of this chapter to the sources in a State and areas of
Indian country within the borders of the State subject to the State's
SIP authority with regard to emissions occurring in any control period,
the following provisions shall continue to apply with regard to all
CSAPR SO2 Group 1 allowances and CSAPR SO2 Group
2 allowances at any time allocated for any control period to any source
or other entity in the State and areas of Indian country within the
borders of the State subject to the State's SIP authority and shall
apply to all entities, wherever located, that at any time held or hold
such allowances:
    (i) The provisions of Sec. Sec.  97.626(c) and 97.726(c) of this
chapter (concerning the transfer of CSAPR SO2 Group 1
allowances and CSAPR SO2 Group 2 allowances between certain
Allowance Management System accounts under common control).
    (ii) [Reserved]
* * * * *

0
4. Add Sec. Sec.  52.40 through 52.46 to subpart A to read as follows:

Sec.
* * * * *
52.40 What are the requirements of the Federal Implementation Plans
(FIPs) relating to ozone season emissions of nitrogen oxides from
sources not subject to the CSAPR ozone season trading program?
52.41 What are the requirements of the Federal Implementation Plans
(FIPs) relating to ozone season emissions of nitrogen oxides from
the Pipeline Transportation of Natural Gas Industry?
52.42 What are the requirements of the Federal Implementation Plans
(FIPs) relating to ozone season emissions of nitrogen oxides from
the Cement and Concrete Product Manufacturing Industry?
52.43 What are the requirements of the Federal Implementation Plans
(FIPs) relating to ozone season emissions of nitrogen oxides from
the Iron and Steel Mills and Ferroalloy Manufacturing Industry?
52.44 What are the requirements of the Federal Implementation Plans
(FIPs) relating to ozone season emissions of nitrogen oxides from
the Glass and Glass Product Manufacturing Industry?
52.45 What are the requirements of the Federal Implementation Plans
(FIPs) relating to ozone season emissions of nitrogen oxides from
the Basic Chemical Manufacturing, Petroleum and Coal Products
Manufacturing, the Pulp, Paper, and Paperboard Mills Industries,
Metal Ore Mining, and the Iron and Steel and Ferroalloy
Manufacturing Industries?
52.46 What are the requirements of the Federal Implementation Plans
(FIPs) relating to ozone season emissions of nitrogen oxides from
Municipal Waste Combustors?
* * * * *

Sec.  52.40  What are the requirements of the Federal Implementation
Plans (FIPs) relating to ozone season emissions of nitrogen oxides from
sources not subject to the CSAPR ozone season trading program?

    (a) Purpose. This section establishes Federal Implementation Plan
requirements for new and existing units in the industries specified in
paragraph (b) of this section to eliminate significant contribution to
nonattainment, or interference with maintenance, of the 2015 8-hour
ozone National Ambient Air Quality Standards in other states pursuant
to 42 U.S.C. 7410(a)(2)(D)(i)(I).
    (b) Definitions. The terms used in this section and Sec. Sec.
52.41 through Sec.  52.46 are defined as follows:
    Calendar year means the period between January 1 and December 31,
inclusive, for a given year.
    Existing affected unit means any affected unit for which
construction commenced before August 4, 2023.
    New affected unit means any affected unit for which construction
commenced on or after August 4, 2023.
    Operator means any person who operates, controls, or supervises an
affected unit and shall include, but not be limited to, any holding
company, utility system, or plant manager of such affected unit.
    Owner means any holder of any portion of the legal or equitable
title in an affected unit.
    Potential to emit means the maximum capacity of a unit to emit a
pollutant under its physical and operational design. Any physical or
operational limitation on the capacity of the unit to emit a pollutant,
including air pollution control equipment and restrictions on hours of
operation or on the type or amount of material combusted, stored, or
processed, shall be treated as part of its design only if the
limitation or the effect it would have on emissions is federally
enforceable. Secondary emissions do not count in determining the
potential to emit of a unit.
    Rolling average means the weighted average of all data, meeting
quality assurance and quality control (QA/QC) requirements in this part
or otherwise normalized, collected during the applicable averaging
period. The period of a rolling average stipulates the frequency of
data averaging and reporting. To demonstrate compliance with an
operating parameter a 30-day rolling average period requires
calculation of a new average value each operating day and shall include
the average of all the hourly averages of the specific operating
parameter. For demonstration of compliance with an emissions limit
based on pollutant concentration, a 30-day rolling average is comprised
of the average of all the hourly average concentrations over the
previous 30 operating days. For demonstration of compliance with an
emissions limit based on lbs-pollutant per production unit, the 30-day
rolling average is calculated by summing the hourly mass emissions over
the previous 30 operating days, then dividing that sum by the total
production during the same period.
    (c) General requirements. (1) The NOX emissions
limitations or emissions control requirements and associated compliance
requirements for the following listed source categories not subject to
the CSAPR ozone season trading program constitute the Federal
Implementation Plan provisions that relate to emissions of
NOX during the ozone season (defined as May 1 through
September 30 of a calendar year): Sec. Sec.  52.41 for engines in the
Pipeline Transportation of Natural Gas Industry, 52.42 for kilns in the
Cement and Concrete Product Manufacturing Industry, 52.43 for reheat
furnaces in the Iron and Steel Mills and Ferroalloy Manufacturing
Industry, 52.44 for furnaces in the Glass and Glass Product
Manufacturing Industry, 52.45 for boilers in the Iron and Steel Mills
and Ferroalloy Manufacturing, Metal Ore Mining, Basic Chemical
Manufacturing, Petroleum and Coal Products Manufacturing, and Pulp,
Paper, and Paperboard Mills industries, and 52.46 for Municipal Waste
Combustors.
    (2) The provisions of this section or Sec.  52.41, Sec.  52.42,
Sec.  52.43, Sec.  52.44, Sec.  52.45, or Sec.  52.46 apply to affected
units located in each of the following States, including Indian country
located within the borders of such States, beginning in the 2026 ozone
season and in each subsequent ozone season: Arkansas, California,
Illinois, Indiana, Kentucky, Louisiana, Maryland, Michigan,
Mississippi, Missouri, Nevada, New Jersey, New York, Ohio, Oklahoma,
Pennsylvania, Texas, Utah, Virginia, and West Virginia.
    (3) The testing, monitoring, recordkeeping, and reporting
requirements of this section or Sec.  52.41, Sec.  52.42, Sec.  52.43,
Sec.  52.44, Sec.  52.45, or Sec.  52.46 only apply during the ozone
season, except as otherwise specified in these sections. Additionally,
if an owner or operator of an affected unit chooses to conduct a
performance or compliance test outside of the ozone season, all
recordkeeping, reporting, and notification requirements associated

with that test shall apply, without regard to whether they occur during
the ozone season.
    (d) Requests for extension of compliance. (1) The owner or operator
of an existing affected unit under Sec.  52.41, Sec.  52.42, Sec.
52.43, Sec.  52.44, Sec.  52.45, or Sec.  52.46 that cannot comply with
the applicable requirements in those sections by May 1, 2026, due to
circumstances entirely beyond the owner or operator's control, may
request an initial compliance extension to a date certain no later than
May 1, 2027. The extension request must contain a demonstration of
necessity consistent with the requirements of paragraph (d)(3) of this
section.
    (2) If, after the EPA has granted a request for an initial
compliance extension, the source remains unable to comply with the
applicable requirements in Sec.  52.41, Sec.  52.42, Sec.  52.43, Sec.
52.44, Sec.  52.45, or Sec.  52.46 by the extended compliance date due
to circumstances entirely beyond the owner or operator's control, the
owner or operator may apply for a second compliance extension to a date
certain no later than May 1, 2029. The extension request must contain
an updated demonstration of necessity consistent with the requirements
of paragraph (d)(3) of this section.
    (3) Each request for a compliance extension shall demonstrate that
the owner or operator has taken all steps possible to install the
controls necessary for compliance with the applicable requirements in
Sec.  52.41, Sec.  52.42, Sec.  52.43, Sec.  52.44, Sec.  52.45, or
Sec.  52.46 by the applicable compliance date and shall:
    (i) Identify each affected unit for which the owner or operator is
seeking the compliance extension;
    (ii) Identify and describe the controls to be installed at each
affected unit to comply with the applicable requirements in Sec.
52.41, Sec.  52.42, Sec.  52.43, Sec.  52.44, Sec.  52.45, or Sec.
52.46;
    (iii) Identify the circumstances entirely beyond the owner or
operator's control that necessitate additional time to install the
identified controls;
    (iv) Identify the date(s) by which on-site construction,
installation of control equipment, and/or process changes will be
initiated;
    (v) Identify the owner or operator's proposed compliance date. A
request for an initial compliance extension under paragraph (d)(1) of
this section must specify a proposed compliance date no later than May
1, 2027, and state whether the owner or operator anticipates a need to
request a second compliance extension. A request for a second
compliance extension under paragraph (d)(2) of this section must
specify a proposed compliance date no later than May 1, 2029, and
identify additional actions taken by the owner or operator to ensure
that the affected unit(s) will be in compliance with the applicable
requirements in this section by that proposed compliance date;
    (vi) Include all information obtained from control technology
vendors demonstrating that the identified controls cannot be installed
by the applicable compliance date;
    (vii) Include any and all contract(s) entered into for the
installation of the identified controls or an explanation as to why no
contract is necessary or obtainable; and
    (viii) Include any permit(s) obtained for the installation of the
identified controls or, where a required permit has not yet been
issued, a copy of the permit application submitted to the permitting
authority and a statement from the permitting authority identifying its
anticipated timeframe for issuance of such permit(s).
    (4) Each request for a compliance extension shall be submitted via
the Compliance and Emissions Data Reporting Interface (CEDRI) or
analogous electronic submission system provided by the EPA no later
than 180 days prior to the applicable compliance date. Until an
extension has been granted by the Administrator under this section, the
owner or operator of an affected unit shall comply with all applicable
requirements of this section and shall remain subject to the May 1,
2026 compliance date or the initial extended compliance date, as
applicable. A denial will be effective as of the date of denial.
    (5) The owner or operator of an affected unit who has requested a
compliance extension under this paragraph (d)(5) and is required to
have a title V permit shall apply to have the relevant title V permit
revised to incorporate the conditions of the extension of compliance.
The conditions of a compliance extension granted under this paragraph
(d)(5) will be incorporated into the affected unit's title V permit
according to the provisions of an EPA-approved state operating permit
program or the Federal title V regulations in 40 CFR part 71, whichever
apply.
    (6) Based on the information provided in any request made under
paragraph (d) of this section or other information, the Administrator
may grant an extension of time to comply with applicable requirements
in Sec.  52.41, Sec.  52.42, Sec.  52.43, Sec.  52.44, Sec.  52.45, or
Sec.  52.46 consistent with the provisions of paragraph (d)(1) or (2)
of this section. The decision to grant an extension will be provided by
notification via the CEDRI or analogous electronic submission system
provided by the EPA and publicly available, and will identify each
affected unit covered by the extension; specify the termination date of
the extension; and specify any additional conditions that the
Administrator deems necessary to ensure timely installation of the
necessary controls (e.g., the date(s) by which on-site construction,
installation of control equipment, and/or process changes will be
initiated).
    (7) The Administrator will provide notification via the CEDRI or
analogous electronic submission system provided by the EPA to the owner
or operator of an affected unit who has requested a compliance
extension under this paragraph (d)(7) whether the submitted request is
complete, that is, whether the request contains sufficient information
to make a determination, within 60 calendar days after receipt of the
original request and within 60 calendar days after receipt of any
supplementary information.
    (8) The Administrator will provide notification via the CEDRI or
analogous electronic submission system provided by the EPA, which shall
be publicly available, to the owner or operator of a decision to grant
or intention to deny a request for a compliance extension within 60
calendar days after providing written notification pursuant to
paragraph (d)(7) of this section that the submitted request is
complete.
    (9) Before denying any request for an extension of compliance, the
Administrator will provide notification via the CEDRI or analogous
electronic submission system provided by the EPA to the owner or
operator in writing of the Administrator's intention to issue the
denial, together with:
    (i) Notice of the information and findings on which the intended
denial is based; and
    (ii) Notice of opportunity for the owner or operator to present via
the CEDRI or analogous electronic submission system provided by the
EPA, within 15 calendar days after he/she is notified of the intended
denial, additional information or arguments to the Administrator before
further action on the request.
    (10) The Administrator's final decision to deny any request for an
extension will be provided via the CEDRI or analogous electronic
submission system provided by the EPA and publicly available, and will
set forth the specific grounds on which the denial is based. The final
decision will be made within 60 calendar days after presentation of
additional information

or argument (if the request is complete), or within 60 calendar days
after the deadline for the submission of additional information or
argument under paragraph (d)(9)(ii) of this section, if no such
submission is made.
    (11) The granting of an extension under this section shall not
abrogate the Administrator's authority under section 114 of the Clean
Air Act (CAA or the Act).
    (e) Requests for case-by-case emissions limits. (1) The owner or
operator of an existing affected unit under Sec.  52.41, Sec.  52.42,
Sec.  52.43, Sec.  52.44, Sec.  52.45, or Sec.  52.46 that cannot
comply with the applicable requirements in those sections due to
technical impossibility or extreme economic hardship may submit to the
Administrator, by August 5, 2024, a request for approval of a case-by-
case emissions limit. The request shall contain information sufficient
for the Administrator to confirm that the affected unit is unable to
comply with the applicable emissions limit, due to technical
impossibility or extreme economic hardship, and to establish an
appropriate alternative case-by-case emissions limit for the affected
unit. Until a case-by-case emissions limit has been approved by the
Administrator under this section, the owner or operator shall remain
subject to all applicable requirements in Sec.  52.41, Sec.  52.42,
Sec.  52.43, Sec.  52.44, Sec.  52.45, or Sec.  52.46. A denial will be
effective as of the date of denial.
    (2) Each request for a case-by-case emissions limit shall include,
but not be limited to, the following:
    (i) A demonstration that the affected unit cannot achieve the
applicable emissions limit with available control technology due to
technical impossibility or extreme economic hardship.
    (A) A demonstration of technical impossibility shall include:
    (1) Uncontrolled NOX emissions for the affected unit
established with a CEMS, or stack tests obtained during steady state
operation in accordance with the applicable reference test methods of
40 CFR part 60, appendix A-4, any alternative test method approved by
the EPA as of June 5, 2023, under 40 CFR 59.104(f), 60.8(b)(3),
61.13(h)(1)(ii), 63.7(e)(2)(ii)(2), or 65.158(a)(2) and available at
the EPA's website (https://www.epa.gov/emc/broadly-applicable-approved-alternative-test-methods), or other methods and procedures approved by
the EPA through notice-and-comment rulemaking; and
    (2) A demonstration that the affected unit cannot meet the
applicable emissions limit even with available control technology,
including:
    (i) Stack test data or other emissions data for the affected unit;
or
    (ii) A third-party engineering assessment demonstrating that the
affected unit cannot meet the applicable emissions limit with available
control technology.
    (B) A demonstration of extreme economic hardship shall include at
least three vendor estimates of the costs of installing control
technology necessary to meet the applicable emissions limit and other
information that demonstrates, to the satisfaction of the
Administrator, that the cost of complying with the applicable emissions
limit would present an extreme economic hardship relative to the costs
borne by other comparable sources in the industry.
    (ii) An analysis of available control technology options and a
proposed case-by-case emissions limit that represents the lowest
emissions limitation technically achievable by the affected unit
without causing extreme economic hardship relative to the costs borne
by other comparable sources in the industry. The owner or operator may
propose additional measures to reduce NOX emissions, such as
operational standards or work practice standards.
    (iii) Calculations of the NOX emissions reduction to be
achieved through implementation of the proposed case-by-case emissions
limit and any additional proposed measures, the difference between this
NOX emissions reduction level and the NOX
emissions reductions that would have occurred if the affected unit
complied with the applicable emissions limitations in Sec.  52.41,
Sec.  52.42, Sec.  52.43, Sec.  52.44, Sec.  52.45, or Sec.  52.46, and
a description of the methodology used for these calculations.
    (3) The owner or operator of an affected unit who has requested a
case-by-case emissions limit under this paragraph (e)(3) and is
required to have a title V permit shall apply to have the relevant
title V permit revised to incorporate the case-by-case emissions limit.
Any case-by-case emissions limit approved under this paragraph (e)(3)
will be incorporated into the affected unit's title V permit according
to the provisions of an EPA-approved state operating permit program or
the Federal title V regulations in 40 CFR part 71, whichever apply.
    (4) Based on the information provided in any request made under
this paragraph (e)(4) or other information, the Administrator may
approve a case-by-case emissions limit that will apply to an affected
unit in lieu of the applicable emissions limit in Sec.  52.41, Sec.
52.42, Sec.  52.43, Sec.  52.44, Sec.  52.45, or Sec.  52.46. The
decision to approve a case-by-case emissions limit will be provided via
the CEDRI or analogous electronic submission system provided by the EPA
in paragraph (d) of this section and publicly available, and will
identify each affected unit covered by the case-by-case emissions
limit.
    (5) The Administrator will provide notification via the CEDRI or
analogous electronic submission system provided by the EPA in paragraph
(d) of this section to the owner or operator of an affected unit who
has requested a case-by-case emissions limit under this paragraph
(e)(5) whether the submitted request is complete, that is, whether the
request contains sufficient information to make a determination, within
60 calendar days after receipt of the original request and within 60
calendar days after receipt of any supplementary information.
    (6) The Administrator will provide notification via the CEDRI or
analogous electronic submission system described by the EPA in
paragraph (d) of this section, which shall be publicly available, to
the owner or operator of a decision to approve or intention to deny the
request within 60 calendar days after providing notification pursuant
to paragraph (e)(5) of this section that the submitted request is
complete.
    (7) Before denying any request for a case-by-case emissions limit,
the Administrator will provide notification via the CEDRI or analogous
electronic submission system provided by the EPA to the owner or
operator in writing of the Administrator's intention to issue the
denial, together with:
    (i) Notice of the information and findings on which the intended
denial is based; and
    (ii) Notice of opportunity for the owner or operator to present via
the CEDRI or analogous electronic submission system provided by the
EPA, within 15 calendar days after he/she is notified of the intended
denial, additional information or arguments to the Administrator before
further action on the request.
    (8) The Administrator's final decision to deny any request for a
case-by-case emissions limit will be provided by notification via the
CEDRI or analogous electronic submission system provided by the EPAand
publicly available, and will set forth the specific grounds on which
the denial is based. The final decision will be made within 60 calendar
days after presentation of additional information or argument (if the
request is complete), or within 60 calendar days after the deadline for
the

submission of additional information or argument under paragraph
(e)(7)(ii) of this section, if no such submission is made.
    (9) The approval of a case-by-case emissions limit under this
section shall not abrogate the Administrator's authority under section
114 of the Act.
    (f) Recordkeeping requirements. (1) The owner or operator of an
affected unit subject to the provisions of this section or Sec.  52.41,
Sec.  52.42, Sec.  52.43, Sec.  52.44, Sec.  52.45, or Sec.  52.46
shall maintain files of all information (including all reports and
notifications) required by these sections recorded in a form suitable
and readily available for expeditious inspection and review. The files
shall be retained for at least 5 years following the date of each
occurrence, measurement, maintenance, corrective action, report, or
record. At minimum, the most recent 2 years of data shall be retained
on site. The remaining 3 years of data may be retained off site. Such
files may be maintained on microfilm, on a computer, on computer floppy
disks, on magnetic tape disks, or on microfiche.
    (2) Any records required to be maintained by Sec.  52.41, Sec.
52.42, Sec.  52.43, Sec.  52.44, Sec.  52.45, or Sec.  52.46 that are
submitted electronically via the EPA's Compliance and Emissions Data
Reporting Interface (CEDRI) may be maintained in electronic format.
This ability to maintain electronic copies does not affect the
requirement for facilities to make records, data, and reports available
upon request to the EPA as part of an on-site compliance evaluation.
    (g) CEDRI reporting requirements. (1) You shall submit the results
of the performance test following the procedures specified in
paragraphs (g)(1)(i) through (iii) of this section:
    (i) Data collected using test methods supported by the EPA's
Electronic Reporting Tool (ERT) as listed on the EPA's ERT website
(https://www.epa.gov/electronic-reporting-air-emissions/electronic-reporting-tool-ert) at the time of the test. Submit the results of the
performance test to the EPA via the CEDRI or analogous electronic
reporting approach provided by the EPA to report data required by Sec.
52.41, Sec.  52.42, Sec.  52.43, Sec.  52.44, Sec.  52.45, or Sec.
52.46, which can be accessed through the EPA's Central Data Exchange
(CDX) (https://cdx.epa.gov/). The data must be submitted in a file
format generated using the EPA's ERT. Alternatively, you may submit an
electronic file consistent with the extensible markup language (XML)
schema listed on the EPA's ERT website.
    (ii) Data collected using test methods that are not supported by
the EPA's ERT as listed on the EPA's ERT website at the time of the
test. The results of the performance test must be included as an
attachment in the ERT or an alternate electronic file consistent with
the XML schema listed on the EPA's ERT website. Submit the ERT
generated package or alternative file to the EPA via CEDRI.
    (iii)(A) The EPA will make all the information submitted through
CEDRI available to the public without further notice to you. Do not use
CEDRI to submit information you claim as confidential business
information (CBI). Although we do not expect persons to assert a claim
of CBI, if you wish to assert a CBI claim for some of the information
submitted under paragraph (g)(1) or (2) of this section, you should
submit a complete file, including information claimed to be CBI, to the
EPA.
    (B) The file must be generated using the EPA's ERT or an alternate
electronic file consistent with the XML schema listed on the EPA's ERT
website.
    (C) Clearly mark the part or all of the information that you claim
to be CBI. Information not marked as CBI may be authorized for public
release without prior notice. Information marked as CBI will not be
disclosed except in accordance with procedures set forth in 40 CFR part
2.
    (D) The preferred method to receive CBI is for it to be transmitted
electronically using email attachments, File Transfer Protocol, or
other online file sharing services. Electronic submissions must be
transmitted directly to the Office of Air Quality Planning and
Standards (OAQPS) CBI Office at the email address [email protected], and
as described in this paragraph (g), should include clear CBI markings
and be flagged to the attention of Lead of 2015 Ozone Transport FIP. If
assistance is needed with submitting large electronic files that exceed
the file size limit for email attachments, and if you do not have your
own file sharing service, please email [email protected] to request a
file transfer link.
    (E) If you cannot transmit the file electronically, you may send
CBI information through the postal service to the following address:
OAQPS Document Control Officer (C404-02), OAQPS, U.S. Environmental
Protection Agency, Research Triangle Park, North Carolina 27711,
Attention Lead of 2015 Ozone Transport FIP. The mailed CBI material
should be double wrapped and clearly marked. Any CBI markings should
not show through the outer envelope.
    (F) All CBI claims must be asserted at the time of submission.
Anything submitted using CEDRI cannot later be claimed CBI.
Furthermore, under CAA section 114(c), emissions data is not entitled
to confidential treatment, and the EPA is required to make emissions
data available to the public. Thus, emissions data will not be
protected as CBI and will be made publicly available.
    (G) You must submit the same file submitted to the CBI office with
the CBI omitted to the EPA via the EPA's CDX as described in paragraphs
(g)(1) and (2) of this section.
    (2) Annual reports must be submitted via CEDRI or analogous
electronic reporting approach provided by the EPA to report data
required by Sec.  52.41, Sec.  52.42, Sec.  52.43, Sec.  52.44, Sec.
52.45, or Sec.  52.46.
    (3) If you are required to electronically submit a report through
CEDRI in the EPA's CDX, you may assert a claim of EPA system outage for
failure to timely comply with that reporting requirement. To assert a
claim of EPA system outage, you must meet the requirements outlined in
paragraphs (g)(3)(i) through (vii) of this section.
    (i) You must have been or will be precluded from accessing CEDRI
and submitting a required report within the time prescribed due to an
outage of either the EPA's CEDRI or CDX systems.
    (ii) The outage must have occurred within the period of time
beginning five business days prior to the date that the submission is
due.
    (iii) The outage may be planned or unplanned.
    (iv) You must submit notification to the Administrator in writing
as soon as possible following the date you first knew, or through due
diligence should have known, that the event may cause or has caused a
delay in reporting.
    (v) You must provide to the Administrator a written description
identifying:
    (A) The date(s) and time(s) when CDX or CEDRI was accessed and the
system was unavailable;
    (B) A rationale for attributing the delay in reporting beyond the
regulatory deadline to EPA system outage;
    (C) A description of measures taken or to be taken to minimize the
delay in reporting; and
    (D) The date by which you propose to report, or if you have already
met the reporting requirement at the time of the notification, the date
you reported.
    (vi) The decision to accept the claim of EPA system outage and
allow an extension to the reporting deadline is solely within the
discretion of the Administrator.

    (vii) In any circumstance, the report must be submitted
electronically as soon as possible after the outage is resolved.
    (4) If you are required to electronically submit a report through
CEDRI in the EPA's CDX, you may assert a claim of force majeure for
failure to timely comply with that reporting requirement. To assert a
claim of force majeure, you must meet the requirements outlined in
paragraphs (g)(4)(i) through (v) of this section.
    (i) You may submit a claim if a force majeure event is about to
occur, occurs, or has occurred or there are lingering effects from such
an event within the period of time beginning five business days prior
to the date the submission is due. For the purposes of this section, a
force majeure event is defined as an event that will be or has been
caused by circumstances beyond the control of the affected unit, its
contractors, or any entity controlled by the affected unit that
prevents you from complying with the requirement to submit a report
electronically within the time period prescribed. Examples of such
events are acts of nature (e.g., hurricanes, earthquakes, or floods),
acts of war or terrorism, or equipment failure or safety hazard beyond
the control of the affected unit (e.g., large scale power outage).
    (ii) You must submit notification to the Administrator in writing
as soon as possible following the date you first knew, or through due
diligence should have known, that the event may cause or has caused a
delay in reporting.
    (iii) You must provide to the Administrator:
    (A) A written description of the force majeure event;
    (B) A rationale for attributing the delay in reporting beyond the
regulatory deadline to the force majeure event;
    (C) A description of measures taken or to be taken to minimize the
delay in reporting; and
    (D) The date by which you propose to report, or if you have already
met the reporting requirement at the time of the notification, the date
you reported.
    (iv) The decision to accept the claim of force majeure and allow an
extension to the reporting deadline is solely within the discretion of
the Administrator.
    (v) In any circumstance, the reporting must occur as soon as
possible after the force majeure event occurs.

Sec.  52.41  What are the requirements of the Federal Implementation
Plans (FIPs) relating to ozone season emissions of nitrogen oxides from
the Pipeline Transportation of Natural Gas Industry?

    (a) Definitions. All terms not defined in this paragraph (a) shall
have the meaning given to them in the Act and in subpart A of 40 CFR
part 60.
    Affected unit means an engine meeting the applicability criteria of
this section.
    Cap means the total amount of NOX emissions, in tons per
day on a 30-day rolling average basis, that is collectively allowed
from all of the affected units covered by a Facility-Wide Averaging
Plan and is calculated as the sum each affected unit's NOX
emissions at the emissions limit applicable to such unit under
paragraph (c) of this section, converted to tons per day in accordance
with paragraph (d)(3) of this section.
    Emergency engine means any stationary reciprocating internal
combustion engine (RICE) that meets all of the criteria in paragraphs
(i) and (ii) of this definition. All emergency stationary RICE must
comply with the requirements specified in paragraph (b)(1) of this
section in order to be considered emergency engines. If the engine does
not comply with the requirements specified in paragraph (b)(1), it is
not considered an emergency engine under this section.
    (i) The stationary engine is operated to provide electrical power
or mechanical work during an emergency situation. Examples include
stationary RICE used to produce power for critical networks or
equipment (including power supplied to portions of a facility) when
electric power from the local utility (or the normal power source, if
the facility runs on its own power production) is interrupted, or
stationary RICE used to pump water in the case of fire or flood, etc.
    (ii) The stationary RICE is operated under limited circumstances
for purposes other than those identified in paragraph (i) of this
definition, as specified in paragraph (b)(1) of this section.
    Facility means all of the pollutant-emitting activities which
belong to the same industrial grouping, are located on one or more
contiguous or adjacent properties, and are under the control of the
same person (or persons under common control). Pollutant-emitting
activities shall be considered as part of the same industrial grouping
if they belong to the same ``Major Group'' (i.e., which have the same
first two digit code as described in the Standard Industrial
Classification Manual, 1987). For purposes of this section, a facility
may not extend beyond the 20 states identified in Sec.  52.40(b)(2).
    Four stroke means any type of engine which completes the power
cycle in two crankshaft revolutions, with intake and compression
strokes in the first revolution and power and exhaust strokes in the
second revolution.
    ISO conditions means 288 Kelvin (15 [deg]C), 60 percent relative
humidity, and 101.3 kilopascals pressure.
    Lean burn means any two[hyphen]stroke or four[hyphen]stroke spark
ignited reciprocating internal combustion engine that does not meet the
definition of a rich burn engine.
    Local Distribution Companies (LDCs) are companies that own or
operate distribution pipelines, but not interstate pipelines or
intrastate pipelines, that physically deliver natural gas to end users
and that are within a single state that are regulated as separate
operating companies by State public utility commissions or that operate
as independent municipally-owned distribution systems. LDCs do not
include pipelines (both interstate and intrastate) delivering natural
gas directly to major industrial users and farm taps upstream of the
local distribution company inlet.
    Local Distribution Company (LDC) custody transfer station means a
metering station where the LDC receives a natural gas supply from an
upstream supplier, which may be an interstate transmission pipeline or
a local natural gas producer, for delivery to customers through the
LDC's intrastate transmission or distribution lines.
    Nameplate rating means the manufacturer's maximum design capacity
in horsepower (hp) at the installation site conditions. Starting from
the completion of any physical change in the engine resulting in an
increase in the maximum output (in hp) that the engine is capable of
producing on a steady state basis and during continuous operation, such
increased maximum output shall be as specified by the person conducting
the physical change.
    Natural gas means a fluid mixture of hydrocarbons (e.g., methane,
ethane, or propane) or non-hydrocarbons, composed of at least 70
percent methane by volume or that has a gross calorific value between
35 and 41 megajoules (MJ) per dry standard cubic meter (950 and 1,100
Btu per dry standard cubic foot), that maintains a gaseous state under
ISO conditions. Natural gas does not include the following gaseous
fuels: Landfill gas, digester gas, refinery gas, sour gas, blast
furnace gas, coal-derived gas, producer gas, coke oven gas, or any
gaseous fuel produced in a process

which might result in highly variable CO2 content or heating
value.
    Natural gas-fired means that greater than or equal to 90% of the
engine's heat input, excluding recirculated or recuperated exhaust
heat, is derived from the combustion of natural gas.
    Natural gas processing plant means any processing site engaged in
the extraction of natural gas liquids from field gas, fractionation of
mixed natural gas liquids to natural gas products, or both. A Joule-
Thompson valve, a dew point depression valve, or an isolated or
standalone Joule-Thompson skid is not a natural gas processing plant.
    Natural gas production facility means all equipment at a single
stationary source directly associated with one or more natural gas
wells upstream of the natural gas processing plant. This equipment
includes, but is not limited to, equipment used for storage,
separation, treating, dehydration, artificial lift, combustion,
compression, pumping, metering, monitoring, and flowline.
    Operating day means a 24-hour period beginning at 12:00 midnight
during which any fuel is combusted at any time in the engine.
    Pipeline transportation of natural gas means the movement of
natural gas through an interconnected network of compressors and
pipeline components, including the compressor and pipeline network used
to transport the natural gas from processing plants over a distance
(intrastate or interstate) to and from storage facilities, to large
natural gas end[hyphen]users, and prior to delivery to a ``local
distribution company custody transfer station'' (as defined in this
section) of an LDC that provides the natural gas to end-users. Pipeline
transportation of natural gas does not include natural gas production
facilities, natural gas processing plants, or the portion of a
compressor and pipeline network that is upstream of a natural gas
processing plant.
    Reciprocating internal combustion engine (RICE) means a
reciprocating engine in which power, produced by heat and/or pressure
that is developed in the engine combustion chambers by the burning of a
mixture of air and fuel, is subsequently converted to mechanical work.
    Rich burn means any four[hyphen]stroke spark ignited reciprocating
internal combustion engine where the manufacturer's recommended
operating air/fuel ratio divided by the stoichiometric air/fuel ratio
at full load conditions is less than or equal to 1.1. Internal
combustion engines originally manufactured as rich burn engines but
modified with passive emissions control technology for nitrogen oxides
(NOX) (such as pre[hyphen]combustion chambers) will be
considered lean burn engines. Existing affected unit where there are no
manufacturer's recommendations regarding air/fuel ratio will be
considered rich burn engines if the excess oxygen content of the
exhaust at full load conditions is less than or equal to 2 percent.
    Spark ignition means a reciprocating internal combustion engine
utilizing a spark plug (or other sparking device) to ignite the air/
fuel mixture and with operating characteristics significantly similar
to the theoretical Otto combustion cycle.
    Stoichiometric means the theoretical air[hyphen]to[hyphen]fuel
ratio required for complete combustion.
    Two stroke means a type of reciprocating internal combustion engine
which completes the power cycle in a single crankshaft revolution by
combining the intake and compression operations into one stroke
(one[hyphen]half revolution) and the power and exhaust operations into
a second stroke. This system requires auxiliary exhaust scavenging of
the combustion products and inherently runs lean (excess of air) of
stoichiometry.
    (b) Applicability. You are subject to the requirements under this
section if you own or operate a new or existing natural gas-fired spark
ignition engine, other than an emergency engine, with a nameplate
rating of 1,000 hp or greater that is used for pipeline transportation
of natural gas and is located within any of the States listed in Sec.
52.40(c)(2), including Indian country located within the borders of any
such State(s).
    (1) For purposes of this section, the owner or operator of an
emergency stationary RICE must operate the RICE according to the
requirements in paragraphs (b)(1)(i) through (iii) of this section to
be treated as an emergency stationary RICE. In order for stationary
RICE to be treated as an emergency RICE under this subpart, any
operation other than emergency operation, maintenance and testing, and
operation in non-emergency situations for up to 50 hours per year, as
described in paragraphs (b)(1)(i) through (iii), is prohibited. If you
do not operate the RICE according to the requirements in paragraphs
(b)(1)(i) through (iii), the RICE will not be considered an emergency
engine under this section and must meet all requirements for affected
units in this section.
    (i) There is no time limit on the use of emergency stationary RICE
in emergency situations.
    (ii) The owner or operator may operate your emergency stationary
RICE for maintenance checks and readiness testing for a maximum of 100
hours per calendar year, provided that the tests are recommended by a
Federal, state, or local government agency, the manufacturer, the
vendor, or the insurance company associated with the engine. Any
operation for non-emergency situations as allowed by paragraph
(b)(1)(iii) of this section counts as part of the 100 hours per
calendar year allowed by paragraph (b)(1)(ii) of this section. The
owner or operator may petition the Administrator for approval of
additional hours to be used for maintenance checks and readiness
testing, but a petition is not required if the owner or operator
maintains records confirming that Federal, state, or local standards
require maintenance and testing of emergency RICE beyond 100 hours per
calendar year. Any approval of a petition for additional hours granted
by the Administrator under 40 CFR part 63, subpart ZZZZ, shall
constitute approval by the Administrator of the same petition under
this paragraph (b)(1)(ii).
    (iii) Emergency stationary RICE may be operated for up to 50 hours
per calendar year in non-emergency situations. The 50 hours of
operation in non-emergency situations are counted as part of the 100
hours per calendar year for maintenance and testing provided in
paragraph (b)(1)(ii) of this section.
    (2) If you own or operate a natural gas-fired two stroke lean burn
spark ignition engine manufactured after July 1, 2007 that is meeting
the applicable emissions limits in 40 CFR part 60, subpart JJJJ, table
1, the engine is not an affected unit under this section and you do not
have to comply with the requirements of this section.
    (3) If you own or operate a natural gas-fired four stroke lean or
rich burn spark ignition engine manufactured after July 1, 2010, that
is meeting the applicable emissions limits in 40 CFR part 60, subpart
JJJJ, table 1, the engine is not an affected unit under this section
and you do not have to comply with the requirements of this section.
    (c) Emissions limitations. If you are the owner or operator of an
affected unit, you must meet the following emissions limitations on a
30-day rolling average basis during the 2026 ozone season and in each
ozone season thereafter:
    (1) Natural gas-fired four stroke rich burn spark ignition engine:
1.0 grams per hp-hour (g/hp-hr);
    (2) Natural gas-fired four stroke lean burn spark ignition engine:
1.5 g/hp-hr; and

    (3) Natural gas-fired two stroke lean burn spark ignition engine:
3.0 g/hp-hr.
    (d) Facility-Wide Averaging Plan. If you are the owner or operator
of a facility containing more than one affected unit, you may submit a
request via the CEDRI or analogous electronic submission system
provided by the EPA to the Administrator for approval of a proposed
Facility-Wide Averaging Plan as an alternative means of compliance with
the applicable emissions limits in paragraph (c) of this section. Any
such request shall be submitted to the Administrator on or before
October 1st of the year prior to each emissions averaging year. The
Administrator will approve a proposed Facility-Wide Averaging Plan
submitted under this paragraph (d) if the Administrator determines that
the proposed Facility-Wide Averaging Plan meets the requirements of
this paragraph (d), will provide total emissions reductions equivalent
to or greater than those achieved by the applicable emissions limits in
paragraph (c), and identifies satisfactory means for determining
initial and continuous compliance, including appropriate testing,
monitoring, recordkeeping, and reporting requirements. You may only
include affected units (i.e., engines meeting the applicability
criteria in paragraph (b) of this section) in a Facility-Wide Averaging
Plan. Upon EPA approval of a proposed Facility-Wide Averaging Plan, you
cannot withdraw any affected unit listed in such plan, and the terms of
the plan may not be changed unless approved in writing by the
Administrator.
    (1) Each request for approval of a proposed Facility-Wide Averaging
Plan shall include, but not be limited to:
    (i) The address of the facility;
    (ii) A list of all affected units at the facility that will be
covered by the plan, identified by unit identification number, the
engine manufacturer's name, and model;
    (iii) For each affected unit, a description of any existing
NOX emissions control technology and the date of
installation, and a description of any NOX emissions control
technology to be installed and the projected date of installation;
    (iv) Identification of the emissions cap, calculated in accordance
with paragraph (d)(3) of this section, that all affected units covered
by the proposed Facility-Wide Averaging Plan will be subject to during
the ozone season, together with all assumptions included in such
calculation; and
    (iv) Adequate provisions for testing, monitoring, recordkeeping,
and reporting for each affected unit.
    (2) Upon the Administrator's approval of a proposed Facility-Wide
Averaging Plan, the owner or operator of the affected units covered by
the Facility-Wide Averaging Plan shall comply with the cap identified
in the plan in lieu of the emissions limits in paragraph (c) of this
section. You will be in compliance with the cap if the sum of
NOX emissions from all units covered by the Facility-Wide
Averaging Plan, in tons per day on a 30-day rolling average basis, is
less than or equal to the cap.
    (3) The owner or operator will calculate the cap according to
equation 1 to this paragraph (d)(3). You will monitor and record daily
hours of engine operation for use in calculating the cap on a 30-day
rolling average basis. You will base the hours of operation on hour
readings from a non-resettable hour meter or an equivalent monitoring
device.
    Equation 1 to Paragraph (d)(3)
    [GRAPHIC] [TIFF OMITTED] TR05JN23.006

Where:

Hi = the average daily operating hours based on the
highest consecutive 30-day period during the ozone season of the two
most recent years preceding the emissions averaging year (hours).
i = each affected unit included in the Cap.
N = number of affected units.
DC = the engine manufacturer's design maximum capacity in horsepower
(hp) at the installation site conditions.
Rli = the emissions limit for each affected unit from
paragraph (c) of this section (grams/hp-hr).

    (i) Any affected unit for which less than two years of operating
data are available shall not be included in the Facility-Wide Averaging
Plan unless the owner or operator extrapolates the available operating
data for the affected unit to two years of operating data, for use in
calculating the emissions cap in accordance with paragraph (d)(3) of
this section.
    (ii) [Reserved]
    (4) The owner or operator of an affected units covered by an EPA-
approved Facility-Wide Averaging Plan will be in violation of the cap
if the sum of NOX emissions from all such units, in tons per
day on a 30-day rolling average basis, exceeds the cap. Each day of
noncompliance by each affected unit covered by the Facility-Wide
Averaging Plan shall be a violation of the cap until corrective action
is taken to achieve compliance.
    (e) Testing and monitoring requirements. (1) If you are the owner
or operator of an affected unit subject to a NOX emissions
limit under paragraph (c) of this section, you must keep a maintenance
plan and records of conducted maintenance and must, to the extent
practicable, maintain and operate the engine in a manner consistent
with good air pollution control practice for minimizing emissions.
    (2) If you are the owner or operator of an affected unit and are
operating a NOX continuous emissions monitoring system
(CEMS) that monitors NOX emissions from the affected unit,
you may use the CEMS data in lieu of the annual performance tests and
parametric monitoring required under this section. You must meet the
following requirements for using CEMS to monitor NOX
emissions:
    (i) You shall install, calibrate, maintain, and operate a
continuous emissions monitoring system (CEMS) for measuring
NOX emissions and either oxygen (O2) or carbon
dioxide (CO2).
    (ii) The CEMS shall be operated and data recorded during all
periods of operation during the ozone season of the affected unit
except for CEMS breakdowns and repairs. Data shall be recorded during
calibration checks and zero and span adjustments.
    (iii) The 1-hour average NOX emissions rates measured by
the CEMS shall be used to calculate the average emissions rates to
demonstrate compliance with the applicable emissions limits in this
section.
    (iv) The procedures under 40 CFR 60.13 shall be followed for
installation, evaluation, and operation of the continuous monitoring
systems.
    (v) When NOX emissions data are not obtained because of
CEMS breakdowns, repairs, calibration checks, and zero and span
adjustments, emissions data will be obtained by using standby

monitoring systems, Method 7 of 40 CFR part 60, appendix A-4, Method 7A
of 40 CFR part 60, appendix A-4, or other approved reference methods to
provide emissions data for a minimum of 75 percent of the operating
hours in each affected unit operating day, in at least 22 out of 30
successive operating days.
    (3)(i) If you are the owner or operator of a new affected unit, you
must conduct an initial performance test within six months of engine
startup and conduct subsequent performance tests every twelve months
thereafter to demonstrate compliance. If pollution control equipment is
installed to comply with a NOX emissions limit in paragraph
(c) of this section, however, the initial performance test shall be
conducted within 90 days of such installation.
    (ii) If you are the owner or operator of an existing affected unit,
you must conduct an initial performance test within six months of
becoming subject to an emissions limit under paragraph (c) of this
section and conduct subsequent performance tests every twelve months
thereafter to demonstrate compliance. If pollution control equipment is
installed to comply with a NOX emissions limit in paragraph
(c) of this section, however, the initial performance test shall be
conducted within 90 days of such installation.
    (iii) If you are the owner or operator of a new or existing
affected unit that is only operated during peak demand periods outside
of the ozone season and the engine's hours of operation during the
ozone season are 50 hours or less, the affected unit is not subject to
the testing and monitoring requirements of this paragraph (e)(3)(iii)
as long as you record and report your hours of operation during the
ozone season in accordance with paragraphs (f) and (g) of this section.
    (iv) If you are the owner or operator of an affected unit, you must
conduct all performance tests consistent with the requirements of 40
CFR 60.4244 in accordance with the applicable reference test methods
identified in table 2 to subpart JJJJ of 40 CFR part 60, any
alternative test method approved by the EPA as of June 5, 2023, under
40 CFR 59.104(f), 60.8(b)(3), 61.13(h)(1)(ii), 63.7(e)(2)(ii), or
65.158(a)(2) and available at the EPA's website (https://www.epa.gov/emc/broadly-applicable-approved-alternative-test-methods), or other
methods and procedures approved by the EPA through notice-and-comment
rulemaking. To determine compliance with the NOX emissions
limit in paragraph (c) of this section, the emissions rate shall be
calculated in accordance with the requirements of 40 CFR 60.4244(d).
    (4) If you are the owner or operator of an affected unit that has a
non-selective catalytic reduction (NSCR) control device to reduce
emissions, you must:
    (i) Monitor the inlet temperature to the catalyst daily and conduct
maintenance if the temperature is not within the observed inlet
temperature range from the most recent performance test or the
temperatures specified by the manufacturer if no performance test was
required by this section; and
    (ii) Measure the pressure drop across the catalyst monthly and
conduct maintenance if the pressure drop across the catalyst changes by
more than 2 inches of water at 100 percent load plus or minus 10
percent from the pressure drop across the catalyst measured during the
most recent performance test.
    (5) If you are the owner of operator of an affected unit not using
an NSCR control device to reduce emissions, you are required to conduct
continuous parametric monitoring to assure compliance with the
applicable emissions limits according to the requirements in paragraphs
(e)(5)(i) through (vi) of this section.
    (i) You must prepare a site-specific monitoring plan that includes
all of the following monitoring system design, data collection, and
quality assurance and quality control elements:
    (A) The performance criteria and design specifications for the
monitoring system equipment, including the sample interface, detector
signal analyzer, and data acquisition and calculations.
    (B) Sampling interface (e.g., thermocouple) location such that the
monitoring system will provide representative measurements.
    (C) Equipment performance evaluations, system accuracy audits, or
other audit procedures.
    (D) Ongoing operation and maintenance procedures in accordance with
the requirements of paragraph (e)(1) of this section.
    (E) Ongoing recordkeeping and reporting procedures in accordance
with the requirements of paragraphs (f) and (g) of this section.
    (ii) You must continuously monitor the selected operating
parameters according to the procedures in your site-specific monitoring
plan.
    (iii) You must collect parametric monitoring data at least once
every 15 minutes.
    (iv) When measuring temperature range, the temperature sensor must
have a minimum tolerance of 2.8 degrees Celsius (5 degrees Fahrenheit)
or 1 percent of the measurement range, whichever is larger.
    (v) You must conduct performance evaluations, system accuracy
audits, or other audit procedures specified in your site-specific
monitoring plan at least annually.
    (vi) You must conduct a performance evaluation of each parametric
monitoring device in accordance with your site-specific monitoring
plan.
    (6) If you are the owner or operator of an affected unit that is
only operated during peak periods outside of the ozone season and your
hours of operation during the ozone season are 0, you are not subject
to the testing and monitoring requirements of this paragraph (e)(6) so
long as you record and report your hours of operation during the ozone
season in accordance with paragraphs (f) and (g) of this section.
    (f) Recordkeeping requirements. If you are the owner or operator of
an affected unit, you must keep records of:
    (1) Performance tests conducted pursuant to paragraph (e)(2) of
this section, including the date, engine settings on the date of the
test, and documentation of the methods and results of the testing.
    (2) Catalyst monitoring required by paragraph (e)(3) of this
section, if applicable, and any actions taken to address monitored
values outside the temperature or pressure drop parameters, including
the date and a description of actions taken.
    (3) Parameters monitored pursuant to the facility's site-specific
parametric monitoring plan.
    (4) Hours of operation on a daily basis.
    (5) Tuning, adjustments, or other combustion process adjustments
and the date of the adjustment(s).
    (6) For any Facility-Wide Averaging Plan approved by the
Administrator under paragraph (d) of this section, daily calculations
of total NOX emissions to demonstrate compliance with the
cap during the ozone season. You must use the equation in this
paragraph (f)(6) to calculate total NOX emissions from all
affected units covered by the Facility-Wide Averaging Plan, in tons per
day on a 30-day rolling average basis, for purposes of determining
compliance with the cap during the ozone season. A new 30-day rolling
average emissions rate in tpd is calculated for each operating day
during the ozone season, using the 30-day rolling average daily
operating hours for the preceding 30 operating days.
    Equation 2 to Paragraph (f)(6)

[GRAPHIC] [TIFF OMITTED] TR05JN23.007

Where:

Hai = the consecutive 30-day rolling average daily
operating hours for the preceding 30 operating days during ozone
season (hours).
i = each affected unit.
N = number of affected units.
DC = the engine manufacturer's maximum design capacity in horsepower
(hp) at the installation site conditions.
Rai = the actual emissions rate for each affected unit
based on the most recent performance test results, (grams/hp-hr).

    (g) Reporting requirements. (1) If you are the owner or operator of
an affected unit, you must submit the results of the performance test
or performance evaluation of the CEMS following the procedures
specified in Sec.  52.40(g) within 60 days after completing each
performance test required by this section.
    (2) If you are the owner or operator of an affected unit, you are
required to submit excess emissions reports for any excess emissions
that occurred during the reporting period. Excess emissions are defined
as any calculated 30-day rolling average NOX emissions rate
that exceeds the applicable emissions limit in paragraph (c) of this
section. Excess emissions reports must be submitted in PDF format to
the EPA via CEDRI or analogous electronic reporting approach provided
by the EPA to report data required by this section following the
procedures specified in Sec.  52.40(g).
    (3) If you are the owner or operator of an affected unit, you must
submit an annual report in PDF format to the EPA by January 30th of
each year via CEDRI or analogous electronic reporting approach provided
by the EPA to report data required by this section. Annual reports
shall be submitted following the procedures in paragraph (g) of this
section. The report shall contain the following information:
    (i) The name and address of the owner and operator;
    (ii) The address of the subject engine;
    (iii) Longitude and latitude coordinates of the subject engine;
    (iv) Identification of the subject engine;
    (v) Statement of compliance with the applicable emissions limit
under paragraph (c) of this section or a Facility-Wide Averaging Plan
under paragraph (d) of this section;
    (vi) Statement of compliance regarding the conduct of maintenance
and operations in a manner consistent with good air pollution control
practices for minimizing emissions;
    (vii) The date and results of the performance test conducted
pursuant to paragraph (e) of this section;
    (viii) Any records required by paragraph (f) of this section,
including records of parametric monitoring data, to demonstrate
compliance with the applicable emissions limit under paragraph (c) of
this section or a Facility-Wide Averaging Plan under paragraph (d) of
this section, if applicable;
    (ix) If applicable, a statement documenting any change in the
operating characteristics of the subject engine; and
    (x) A statement certifying that the information included in the
annual report is complete and accurate.

Sec.  52.42  What are the requirements of the Federal Implementation
Plans (FIPs) relating to ozone season emissions of nitrogen oxides from
the Cement and Concrete Product Manufacturing Industry?

    (a) Definitions. All terms not defined in this paragraph (a) shall
have the meaning given to them in the Act and in subpart A of 40 CFR
part 60.
    Affected unit means a cement kiln meeting the applicability
criteria of this section.
    Cement kiln means an installation, including any associated pre-
heater or pre-calciner devices, that produces clinker by heating
limestone and other materials to produce Portland cement.
    Cement plant means any facility manufacturing cement by either the
wet or dry process.
    Clinker means the product of a cement kiln from which finished
cement is manufactured by milling and grinding.
    Operating day means a 24-hour period beginning at 12:00 midnight
during which the kiln produces clinker at any time.
    (b) Applicability. You are subject to the requirements of this
section if you own or operate a new or existing cement kiln that emits
or has the potential to emit 100 tons per year or more of
NOX on or after August 4, 2023, and is located within any of
the States listed in Sec.  52.40(c)(2), including Indian country
located within the borders of any such State(s). Any existing cement
kiln with a potential to emit of 100 tons per year or more of
NOX on August 4, 2023, will continue to be subject to the
requirements of this section even if that unit later becomes subject to
a physical or operational limitation that lowers its potential to emit
below 100 tons per year of NOX.
    (c) Emissions limitations. If you are the owner or operator of an
affected unit, you must meet the following emissions limitations on a
30-day rolling average basis during the 2026 ozone season and in each
ozone season thereafter:
    (1) Long wet kilns: 4.0 lb/ton of clinker;
    (2) Long dry kilns: 3.0 lb/ton of clinker;
    (3) Preheater kilns: 3.8 lb/ton of clinker;
    (4) Precalciner kilns: 2.3 lb/ton of clinker; and
    (5) Preheater/Precalciner kilns: 2.8 lb/ton of clinker.
    (d) Testing and monitoring requirements. (1) If you are the owner
or operator of an affected unit you must conduct performance tests, on
an annual basis, in accordance with the applicable reference test
methods of 40 CFR part 60, appendix A-4, any alternative test method
approved by the EPA as of June 5, 2023, under 40 CFR 59.104(f),
60.8(b)(3), 61.13(h)(1)(ii), 63.7(e)(2)(ii), or 65.158(a)(2) and
available at the EPA's website (https://www.epa.gov/emc/broadly-applicable-approved-alternative-test-methods), or other methods and
procedures approved by the EPA through notice-and-comment rulemaking.
The annual performance test does not have to be performed during the
ozone season. You must calculate and record the 30-operating day
rolling average emissions rate of NOX as the total of all
hourly emissions data for a cement kiln in the preceding 30 days,
divided by the total tons of clinker produced in that kiln during the
same 30-operating day period, using equation 1 to this paragraph
(d)(1):
    Equation 1 to Paragraph (d)(1)
    [GRAPHIC] [TIFF OMITTED] TR05JN23.002

Where:

E30D = 30 kiln operating day average emissions rate of
NOX, in lbs/ton of clinker.
Ci = Concentration of NOX for hour i, in ppm.
Qi = Volumetric flow rate of effluent gas for hour i, where Ci and
Qi are on the same basis (either wet or dry), in scf/hr.

P = 30 days of clinker production during the same Time period as the
NOX emissions measured, in tons.
k = Conversion factor, 1.194 x 10-7 for NOX,
in lb/scf/ppm.
n = Number of kiln operating hours over 30 kiln operating days.

    (2) If you are the owner or operator of an affected unit and are
operating a NOX continuous emissions monitoring system
(CEMS) that monitors NOX emissions from the affected unit,
you may use the CEMS data in lieu of the annual performance tests and
parametric monitoring required under this section. You must meet the
following requirements for using CEMS to monitor NOX
emissions:
    (i) You shall install, calibrate, maintain, and operate a
continuous emissions monitoring system (CEMS) for measuring
NOX emissions and either oxygen (O2) or carbon
dioxide (CO2).
    (ii) The CEMS shall be operated and data recorded during all
periods of operation during the ozone season of the affected unit
except for CEMS breakdowns and repairs. Data shall be recorded during
calibration checks and zero and span adjustments.
    (iii) The 1-hour average NOX emissions rates measured by
the CEMS shall be expressed in terms of lbs/ton of clinker and shall be
used to calculate the average emissions rates to demonstrate compliance
with the applicable emissions limits in this section.
    (iv) The procedures under 40 CFR 60.13 shall be followed for
installation, evaluation, and operation of the continuous monitoring
systems.
    (v) When NOX emissions data are not obtained because of
CEMS breakdowns, repairs, calibration checks and zero and span
adjustments, emissions data will be obtained by using standby
monitoring systems, Method 7 of 40 CFR part 60, appendix A-4, Method 7A
of 40 CFR part 60, appendix A-4, or other approved reference methods to
provide emissions data for a minimum of 75 percent of the operating
hours in each affected unit operating day, in at least 22 out of 30
successive operating days.
    (3) If you are the owner or operator of an affected unit not
operating NOX CEMS, you must conduct an initial performance
test before the 2026 ozone season to establish appropriate indicator
ranges for operating parameters and continuously monitor those operator
parameters consistent with the requirements of paragraphs (d)(3)(i)
through (v) of this section.
    (i) You must monitor and record kiln stack exhaust gas flow rate,
hourly clinker production rate or kiln feed rate, and kiln stack
exhaust temperature during the initial performance test and subsequent
annual performance tests to demonstrate continuous compliance with your
NOX emissions limits.
    (ii) You must determine hourly clinker production by one of two
methods:
    (A) Install, calibrate, maintain, and operate a permanent weigh
scale system to record weight rates of the amount of clinker produced
in tons of mass per hour. The system of measuring hourly clinker
production must be maintained within 5 percent accuracy; or
    (B) Install, calibrate, maintain, and operate a permanent weigh
scale system to measure and record weight rates of the amount of feed
to the kiln in tons of mass per hour. The system of measuring feed must
be maintained within 5 percent accuracy. Calculate your
hourly clinker production rate using a kiln specific feed-to-clinker
ratio based on reconciled clinker production rates determined for
accounting purposes and recorded feed rates. This ratio should be
updated monthly. Note that if this ratio changes at clinker
reconciliation, you must use the new ratio going forward, but you do
not have to retroactively change clinker production rates previously
estimated.
    (C) For each kiln operating hour for which you do not have data on
clinker production or the amount of feed to the kiln, use the value
from the most recent previous hour for which valid data are available.
    (D) If you measure clinker production directly, record the daily
clinker production rates; if you measure the kiln feed rates and
calculate clinker production, record the daily kiln feed and clinker
production rates.
    (iii) You must use the kiln stack exhaust gas flow rate, hourly
kiln production rate or kiln feed rate, and kiln stack exhaust
temperature during the initial performance test and subsequent annual
performance tests as indicators of NOX operating parameters
to demonstrate continuous compliance and establish site-specific
indicator ranges for these operating parameters.
    (iv) You must repeat the performance test annually to reassess and
adjust the site-specific operating parameter indicator ranges in
accordance with the results of the performance test.
    (v) You must report and include your ongoing site-specific
operating parameter data in the annual reports required under paragraph
(e) of this section and semi-annual title V monitoring reports to the
relevant permitting authority.
    (e) Recordkeeping requirements. If you are the owner or operator of
an affected unit, you shall maintain records of the following
information for each day the affected unit operates:
    (1) Calendar date;
    (2) The average hourly NOX emissions rates measured or
predicted;
    (3) The 30-day average NOX emissions rates calculated at
the end of each affected unit operating day from the measured or
predicted hourly NOX emissions rates for the preceding 30
operating days;
    (4) Identification of the affected unit operating days when the
calculated 30-day average NOX emissions rates are in excess
of the applicable site-specific NOX emissions limit with the
reasons for such excess emissions as well as a description of
corrective actions taken;
    (5) Identification of the affected unit operating days for which
pollutant data have not been obtained, including reasons for not
obtaining sufficient data and a description of corrective actions
taken;
    (6) Identification of the times when emissions data have been
excluded from the calculation of average emissions rates and the
reasons for excluding data;
    (7) If a CEMS is used to verify compliance:
    (i) Identification of the times when the pollutant concentration
exceeded full span of the CEMS;
    (ii) Description of any modifications to the CEMS that could affect
the ability of the CEMS to comply with Performance Specification 2 or 3
in appendix B to 40 CFR part 60; and
    (iii) Results of daily CEMS drift tests and quarterly accuracy
assessments as required under Procedure 1 of 40 CFR part 60, appendix
F;
    (8) Operating parameters required under paragraph (d) of this
section to demonstrate compliance during the ozone season;
    (9) Each fuel type, usage, and heat content; and
    (10) Clinker production rates.
    (f) Reporting requirements. (1) If you are the owner or operator of
an affected unit, you shall submit the results of the performance test
or performance evaluation of the CEMS following the procedures
specified in Sec.  52.40(g) within 60 days after the date of completing
each performance test required by this section.
    (2) If you are the owner or operator of an affected unit, you are
required to submit excess emissions reports for any excess emissions
that occurred during the reporting period. Excess emissions are defined
as any calculated 30-day rolling average NOX emissions rate
that exceeds the applicable emissions limit established under paragraph
(c) of this section. Excess emissions reports must

be submitted in PDF format to the EPA via CEDRI or analogous electronic
reporting approach provided by the EPA to report data required by this
section following the procedures specified in Sec.  52.40(g).
    (3) If you are the owner or operator of an affected unit, you shall
submit an annual report in PDF format to the EPA by January 30th of
each year via CEDRI or analogous electronic reporting approach provided
by the EPA to report data required by this section. Annual reports
shall be submitted following the procedures in Sec.  52.40(g). The
report shall include records all records required by paragraph (d) of
this section, including record of CEMS data or operating parameters
required by paragraph (d) to demonstrate continuous compliance the
applicable emissions limits under paragraph (c) of this section.
    (g) Initial notification requirements for existing affected units.
(1) The requirements of this paragraph (g) apply to the owner or
operator of an existing affected unit.
    (2) The owner or operator of an existing affected unit that emits
or has a potential to emit 100 tons per year or greater as of August 4,
2023, shall notify the Administrator via the CEDRI or analogous
electronic submission system provided by the EPA that the unit is
subject to this section. The notification, which shall be submitted not
later than December 4, 2023, shall be submitted in PDF format to the
EPA via CEDRI, which can be accessed through the EPA's CDX (https://cdx.epa.gov/). The notification shall provide the following
information:
    (i) The name and address of the owner or operator;
    (ii) The address (i.e., physical location) of the affected unit;
    (iii) An identification of the relevant standard, or other
requirement, that is the basis for the notification and the unit's
compliance date; and
    (iv) A brief description of the nature, size, design, and method of
operation of the facility and an identification of the types of
emissions points (units) within the facility subject to the relevant
standard.

Sec.  52.43  What are the requirements of the Federal Implementation
Plans (FIPs) relating to ozone season emissions of nitrogen oxides from
the Iron and Steel Mills and Ferroalloy Manufacturing Industry?

    (a) Definitions. All terms not defined in this paragraph (a) shall
have the meaning given to them in the Act and in subpart A of 40 CFR
part 60.
    Affected unit means any reheat furnace meeting the applicability
criteria of this section.
    Day means a calendar day unless expressly stated to be a business
day. In computing any period of time for recordkeeping and reporting
purposes where the last day would fall on a Saturday, Sunday, or
Federal holiday, the period shall run until the close of business of
the next business day.
    Low NOX burner means a burner designed to reduce flame turbulence
by the mixing of fuel and air and by establishing fuel-rich zones for
initial combustion, thereby reducing the formation of NOX.
    Low-NOX technology means any post-combustion NOX control
technology capable of reducing NOX emissions by 40% from
baseline emission levels as measured during pre-installation testing.
    Operating day means a 24-hour period beginning at 12:00 midnight
during which any fuel is combusted at any time in the reheat furnace.
    Reheat furnace means a furnace used to heat steel product--
including metal ingots, billets, slabs, beams, blooms and other similar
products--for the purpose of deformation and rolling.
    (b) Applicability. The requirements of this section apply to each
new or existing reheat furnace at an iron and steel mill or ferroalloy
manufacturing facility that directly emits or has the potential to emit
100 tons per year or more of NOX on or after August 4, 2023,
does not have low-NOX burners installed, and is located
within any of the States listed in Sec.  52.40(c)(2), including Indian
country located within the borders of any such State(s). Any existing
reheat furnace with a potential to emit of 100 tons per year or more of
NOX on August 4, 2023, will continue to be subject to the
requirements of this section even if that unit later becomes subject to
a physical or operational limitation that lowers its potential to emit
below 100 tons per year of NOX.
    (c) Emissions control requirements. If you are the owner or
operator of an affected unit without low-NOX burners already
installed, you must install and operate low-NOX burners or
equivalent alternative low-NOX technology designed to
achieve at least a 40% reduction from baseline NOX emissions
in accordance with the work plan established pursuant to paragraph (d)
of this section. You must meet the emissions limit established under
paragraph (d) on a 30-day rolling average basis.
    (d) Work plan requirements. (1) The owner or operator of each
affected unit must submit a work plan for each affected unit by August
5, 2024. The work plan must be submitted via CEDRI or analogous
electronic reporting approach provided by the EPA to report data
required by this section following the procedures specified in Sec.
52.40(g). Each work plan must include a description of the affected
unit and rated production and energy capacities, identification of the
low-NOX burner or alternative low NOX technology
selected, and the phased construction timeframe by which you will
design, install, and consistently operate the device. Each work plan
shall also include, where applicable, performance test results obtained
no more than five years before August 4, 2023, to be used as baseline
emissions testing data providing the basis for required emissions
reductions. If no such data exist, then the owner or operator must
perform pre-installation testing as described in paragraph (e)(3) of
this section.
    (2) The owner or operator of an affected unit shall design each
low-NOX burner or alternative low-NOX technology
identified in the work plan to achieve NOX emission
reductions by a minimum of 40% from baseline emission levels measured
during performance testing that meets the criteria set forth in
paragraph (e)(1) of this section, or during pre-installation testing as
described in paragraph (e)(3) of this section. Each low-NOX
burner or alternative low-NOX technology shall be
continuously operated during all production periods according to
paragraph (c) of this section.
    (3) The owner or operator of an affected unit shall establish an
emissions limit in the work plan that the affected unit must comply
with in accordance with paragraph (c) of this section.
    (4) The EPA's action on work plans:
    (i) The Administrator will provide via the CEDRI or analogous
electronic submission system provided by the EPA notification to the
owner or operator of an affected unit if the submitted work plan is
complete, that is, whether the request contains sufficient information
to make a determination, within 60 calendar days after receipt of the
original work plan and within 60 calendar days after receipt of any
supplementary information.
    (ii) The Administrator will provide notification via the CEDRI or
analogous electronic submission system provided by the EPA, which shall
be publicly available, to the owner or operator of a decision to
approve or intention to disapprove the work plan within 60 calendar
days after providing written notification pursuant to paragraph

(d)(4)(i) of this section that the submitted work plan is complete.
    (iii) Before disapproving a work plan, the Administrator will
notify the owner or operator via the CEDRI or analogous electronic
submission system provided by the EPA of the Administrator's intention
to issue the disapproval, together with:
    (A) Notice of the information and findings on which the intended
disapproval is based; and
    (B) Notice of opportunity for the owner or operator to present in
writing, within 15 calendar days after he/she is notified of the
intended disapproval, additional information or arguments to the
Administrator before further action on the work plan.
    (iv) The Administrator's final decision to disapprove a work plan
will be via the CEDRI or analogous electronic submission system
provided by the EPA and publicly available, and will set forth the
specific grounds on which the disapproval is based. The final decision
will be made within 60 calendar days after presentation of additional
information or argument (if the submitted work plan is complete), or
within 60 calendar days after the deadline for the submission of
additional information or argument under paragraph (d)(5)(iii)(B) of
this section, if no such submission is made.
    (v) If the Administrator disapproves the submitted work plan for
failure to satisfy the requirements of paragraphs (c) and (d)(1)
through (3) of this section, or if the owner or operator of an affected
unit fails to submit a work plan by August 5, 2024, the owner or
operator will be in violation of this section. Each day that the
affected unit operates following such disapproval or failure to submit
shall constitute a violation.
    (e) Testing and monitoring requirements. (1) If you are the owner
or operator of an affected unit you must conduct performance tests, on
an annual basis, in accordance with the applicable reference test
methods of 40 CFR part 60, appendix A-4, any alternative test method
approved by the EPA as of June 5, 2023, under 40 CFR 59.104(f),
60.8(b)(3), 61.13(h)(1)(ii), 63.7(e)(2)(ii), or 65.158(a)(2) and
available at the EPA's website (https://www.epa.gov/emc/broadly-applicable-approved-alternative-test-methods), or other methods and
procedures approved by the EPA through notice-and-comment rulemaking.
The annual performance test does not have to be performed during the
ozone season.
    (2) If you are the owner or operator of an affected unit and are
operating a NOX continuous emissions monitoring system
(CEMS) that monitors NOX emissions from the affected unit,
you may use the CEMS data in lieu of the annual performance tests and
parametric monitoring required under this section. You must meet the
following requirements for using CEMS to monitor NOX
emissions:
    (i) You shall install, calibrate, maintain, and operate a
continuous emissions monitoring system (CEMS) for measuring
NOX emissions and either oxygen (O2) or carbon
dioxide (CO2).
    (ii) The CEMS shall be operated and data recorded during all
periods of operation during the ozone season of the affected unit
except for CEMS breakdowns and repairs. Data shall be recorded during
calibration checks and zero and span adjustments.
    (iii) The 1-hour average NOX emissions rates measured by
the CEMS shall be expressed in form of the emissions limit established
in the work plan and shall be used to calculate the average emissions
rates to demonstrate compliance with the applicable emissions limits
established in the work plan.
    (iv) The procedures under 40 CFR 60.13 shall be followed for
installation, evaluation, and operation of the continuous monitoring
systems.
    (v) When NOX emissions data are not obtained because of
CEMS breakdowns, repairs, calibration checks and zero and span
adjustments, emissions data will be obtained by using standby
monitoring systems, Method 7 of 40 CFR part 60, appendix A-4, Method 7A
of 40 CFR part 60, appendix A-4, or other approved reference methods to
provide emissions data for a minimum of 75 percent of the operating
hours in each affected unit operating day, in at least 22 out of 30
successive operating days.
    (3) If you are the owner or operator of an affected unit not
operating NOX CEMS, you must conduct an initial performance
test before the 2026 ozone season to establish appropriate indicator
ranges for operating parameters and continuously monitor those operator
parameters consistent with the requirements of paragraphs (e)(3)(i)
through (iv) of this section.
    (i) You must monitor and record stack exhaust gas flow rate and
temperature during the initial performance test and subsequent annual
performance tests to demonstrate continuous compliance with your
NOX emissions limits.
    (ii) You must use the stack exhaust gas flow rate and temperature
during the initial performance test and subsequent annual performance
tests to establish a site-specific indicator for these operating
parameters.
    (iii) You must repeat the performance test annually to reassess and
adjust the site-specific operating parameter indicator ranges in
accordance with the results of the performance test.
    (iv) You must report and include your ongoing site-specific
operating parameter data in the annual reports required under paragraph
(f) of this section and semi-annual title V monitoring reports to the
relevant permitting authority.
    (f) Recordkeeping requirements. If you are the owner or operator of
an affected unit, you shall maintain records of the following
information for each day the affected unit operates:
    (1) Calendar date;
    (2) The average hourly NOX emissions rates measured or
predicted;
    (3) The 30-day average NOX emissions rates calculated at
the end of each affected unit operating day from the measured or
predicted hourly NOX emissions rates for the preceding 30
operating days;
    (4) Identification of the affected unit operating days when the
calculated 30-day average NOX emissions rates are in excess
of the applicable site-specific NOX emissions limit with the
reasons for such excess emissions as well as a description of
corrective actions taken;
    (5) Identification of the affected unit operating days for which
pollutant data have not been obtained, including reasons for not
obtaining sufficient data and a description of corrective actions
taken;
    (6) Identification of the times when emissions data have been
excluded from the calculation of average emissions rates and the
reasons for excluding data;
    (7) If a CEMS is used to verify compliance:
    (i) Identification of the times when the pollutant concentration
exceeded full span of the CEMS;
    (ii) Description of any modifications to the CEMS that could affect
the ability of the CEMS to comply with Performance Specification 2 or 3
in appendix B to 40 CFR part 60; and
    (iii) Results of daily CEMS drift tests and quarterly accuracy
assessments as required under Procedure 1 of 40 CFR part 60, appendix
F;
    (8) Operating parameters required under paragraph (d) of this
section to demonstrate compliance during the ozone season; and
    (9) Each fuel type, usage, and heat content.
    (g) Reporting requirements. (1) If you are the owner or operator of
an affected unit, you shall submit a final report via the CEDRI or
analogous electronic submission system provided by the EPA, by no later
than March 30, 2026,

certifying that installation of each selected control device has been
completed. You shall include in the report the dates of final
construction and relevant performance testing, where applicable,
demonstrating compliance with the selected emission limits pursuant to
paragraphs (c) and (d) of this section.
    (2) If you are the owner or operator of an affected unit, you must
submit the results of the performance test or performance evaluation of
the CEMS following the procedures specified in Sec.  52.40(g) within 60
days after the date of completing each performance test required by
this section.
    (3) If you are the owner or operator of an affected unit, you are
required to submit excess emissions reports for any excess emissions
that occurred during the reporting period. Excess emissions are defined
as any calculated 30-day rolling average NOX emissions rate
that exceeds the applicable emissions limit established under
paragraphs (c) and (d) of this section. Excess emissions reports must
be submitted in PDF format to the EPA via CEDRI or analogous electronic
reporting approach provided by the EPA to report data required by this
section following the procedures specified in Sec.  52.40(g).
    (4) If you are the owner or operator of an affected unit, you shall
submit an annual report in PDF format to the EPA by January 30th of
each year via CEDRI or analogous electronic reporting approach provided
by the EPA to report data required by this section. Annual reports
shall be submitted following the procedures in Sec.  52.40(g). The
report shall include records all records required by paragraphs (e) and
(f) of this section, including record of CEMS data or operating
parameters required by paragraph (e) to demonstrate compliance the
applicable emissions limits established under paragraphs (c) and (d) of
this section.
    (h) Initial notification requirements for existing affected units.
(1) The requirements of this paragraph (h) apply to the owner or
operator of an existing affected unit.
    (2) The owner or operator of an existing affected unit that emits
or has a potential to emit 100 tons per year or more of NOX
as of August 4, 2023, shall notify the Administrator via the CEDRI or
analogous electronic submission system provided by the EPA that the
unit is subject to this section. The notification, which shall be
submitted not later than December 4, 2023, shall be submitted in PDF
format to the EPA via CEDRI, which can be accessed through the EPA's
CDX (https://cdx.epa.gov/). The notification shall provide the
following information:
    (i) The name and address of the owner or operator;
    (ii) The address (i.e., physical location) of the affected unit;
    (iii) An identification of the relevant standard, or other
requirement, that is the basis for the notification and the unit's
compliance date; and
    (iv) A brief description of the nature, size, design, and method of
operation of the facility and an identification of the types of
emissions points (units) within the facility subject to the relevant
standard.

Sec.  52.44  What are the requirements of the Federal Implementation
Plans (FIPs) relating to ozone season emissions of nitrogen oxides from
the Glass and Glass Product Manufacturing Industry?

    (a) Definitions. All terms not defined in this paragraph (a) shall
have the meaning given to them in the Act and in subpart A of 40 CFR
part 60.
    Affected units means a glass manufacturing furnace meeting the
applicability criteria of this section.
    Borosilicate recipe means glass product composition of the
following approximate ranges of weight proportions: 60 to 80 percent
silicon dioxide, 4 to 10 percent total R2O (e.g.,
Na2O and K2O), 5 to 35 percent boric oxides, and
0 to 13 percent other oxides.
    Container glass means glass made of soda-lime recipe, clear or
colored, which is pressed and/or blown into bottles, jars, ampoules,
and other products listed in Standard Industrial Classification (SIC)
3221 (SIC 3221).
    Flat glass means glass made of soda-lime recipe and produced into
continuous flat sheets and other products listed in SIC 3211.
    Glass melting furnace means a unit comprising a refractory vessel
in which raw materials are charged, melted at high temperature,
refined, and conditioned to produce molten glass. The unit includes
foundations, superstructure and retaining walls, raw material charger
systems, heat exchangers, melter cooling system, exhaust system,
refractory brick work, fuel supply and electrical boosting equipment,
integral control systems and instrumentation, and appendages for
conditioning and distributing molten glass to forming apparatuses. The
forming apparatuses, including the float bath used in flat glass
manufacturing and flow channels in wool fiberglass and textile
fiberglass manufacturing, are not considered part of the glass melting
furnace.
    Glass produced means the weight of the glass pulled from the glass
melting furnace.
    Idling means the operation of a glass melting furnace at less than
25% of the permitted production capacity or fuel use capacity as stated
in the operating permit.
    Lead recipe means glass product composition of the following ranges
of weight proportions: 50 to 60 percent silicon dioxide, 18 to 35
percent lead oxides, 5 to 20 percent total R2O (e.g.,
Na2O and K2O), 0 to 8 percent total
R2O3 (e.g., Al2O3), 0 to 15
percent total RO (e.g., CaO, MgO), other than lead oxide, and 5 to 10
percent other oxides.
    Operating day means a 24-hr period beginning at 12:00 midnight
during which the furnace combusts fuel at any time but excludes any
period of startup, shutdown, or idling during which the affected unit
complies with the requirements in paragraphs (d) through (f) of this
section, as applicable.
    Pressed and blown glass means glass which is pressed, blown, or
both, including textile fiberglass, noncontinuous flat glass,
noncontainer glass, and other products listed in SIC 3229. It is
separated into: Glass of borosilicate recipe, Glass of soda-lime and
lead recipes, and Glass of opal, fluoride, and other recipes.
    Raw material means minerals, such as silica sand, limestone, and
dolomite; inorganic chemical compounds, such as soda ash (sodium
carbonate), salt cake (sodium sulfate), and potash (potassium
carbonate); metal oxides and other metal-based compounds, such as lead
oxide, chromium oxide, and sodium antimonate; metal ores, such as
chromite and pyrolusite; and other substances that are intentionally
added to a glass manufacturing batch and melted in a glass melting
furnace to produce glass. Metals that are naturally-occurring trace
constituents or contaminants of other substances are not considered to
be raw materials.
    Shutdown means the period of time during which a glass melting
furnace is taken from an operational to a non-operational status by
allowing it to cool down from its operating temperature to a cold or
ambient temperature as the fuel supply is turned off.
    Soda-lime recipe means glass product composition of the following
ranges of weight proportions: 60 to 75 percent silicon dioxide, 10 to
17 percent total R2O (e.g., Na2O and
K2O), 8 to 20 percent total RO but not to include any PbO
(e.g., CaO, and MgO), 0 to 8 percent total R2O3
(e.g., Al2O3), and 1 to 5 percent other oxides.
    Startup means the period of time, after initial construction or a
furnace rebuild, during which a glass melting furnace is heated to
operating temperatures by the primary furnace

combustion system, and systems and instrumentation are brought to
stabilization.
    Textile fiberglass means fibrous glass in the form of continuous
strands having uniform thickness.
    Wool fiberglass means fibrous glass of random texture, including
accoustical board and tile (mineral wool), fiberglass insulation, glass
wool, insulation (rock wool, fiberglass, slag, and silicia minerals),
and mineral wool roofing mats.
    (b) Applicability. You are subject to the requirements under this
section if you own or operate a new or existing glass manufacturing
furnace that directly emits or has the potential to emit 100 tons per
year or more of NOX on or after August 4, 2023, and is
located within any of the States listed in Sec.  52.40(c)(2), including
Indian country located within the borders of any such State(s). Any
existing glass manufacturing furnace with a potential to emit of 100
tons per year or more of NOX on August 4, 2023, will
continue to be subject to the requirements of this section even if that
unit later becomes subject to a physical or operational limitation that
lowers its potential to emit below 100 tons per year of NOX.
    (c) Emissions limitations. If you are the owner or operator of an
affected unit, you must meet the emissions limitations in paragraphs
(c)(1) and (2) of this section on a 30-day rolling average basis during
the 2026 ozone season and in each ozone season thereafter. For the 2026
ozone season, the emissions limitations in paragraphs (c)(1) and (2) do
not apply during shutdown and idling if the affected unit complies with
the requirements in paragraphs (e) and (f) of this section, as
applicable. For the 2027 and subsequent ozone seasons, the emissions
limitations in paragraphs (c)(1) and (2) do not apply during startup,
shutdown, and idling, if the affected unit complies with the
requirements in paragraphs (d) through (f) of this section, as
applicable.
    (1) Container glass, pressed/blown glass, or fiberglass
manufacturing furnace: 4.0 lb/ton of glass; and
    (2) Flat glass manufacturing furnace: 7.0 lb/ton of glass.
    (d) Startup requirements. (1) If you are the owner or operator of
an affected unit, you shall submit via the CEDRI or analogous
electronic submission system provided by the EPA, no later than 30 days
prior to the anticipated date of startup, the following information to
assure proper operation of the furnace:
    (i) A detailed list of activities to be performed during startup
and explanations to support the length of time needed to complete each
activity.
    (ii) A description of the material process flow rates, system
operating parameters, and other information that the owner or operator
shall monitor and record during the startup period.
    (iii) Identification of the control technologies or strategies to
be utilized.
    (iv) A description of the physical conditions present during
startup periods that prevent the controls from being effective.
    (v) A reasonably precise estimate as to when physical conditions
will have reached a state that allows for the effective control of
emissions.
    (2) The length of startup following activation of the primary
furnace combustion system may not exceed:
    (i) Seventy days for a container, pressed or blown glass furnace;
    (ii) Forty days for a fiberglass furnace; and
    (iii) One hundred and four days for a flat glass furnace and for
all other glass melting furnaces not covered under paragraphs (d)(2)(i)
and (ii) of this section.
    (3) During the startup period, the owner or operator of an affected
unit shall maintain the stoichiometric ratio of the primary furnace
combustion system so as not to exceed 5 percent excess oxygen, as
calculated from the actual fuel and oxidant flow measurements for
combustion in the affected unit.
    (4) The owner or operator of an affected unit shall place the
emissions control system in operation as soon as technologically
feasible during startup to minimize emissions.
    (e) Shutdown requirements. (1) If you are the owner or operator of
an affected unit, you shall submit via the CEDRI or analogous
electronic submission system provided by the EPA to the Administrator,
no later than 30 days prior to the anticipated date of shutdown, the
following information to assure proper operation of the furnace:
    (i) A detailed list of activities to be performed during shutdown
and explanations to support the length of time needed to complete each
activity.
    (ii) A description of the material process flow rates, system
operating parameters, and other information that the owner or operator
shall monitor and record during the shutdown period.
    (iii) Identification of the control technologies or strategies to
be utilized.
    (iv) A description of the physical conditions present during
shutdown periods that prevent the controls from being effective.
    (v) A reasonably precise estimate as to when physical conditions
will have reached a state that allows for the effective control of
emissions.
    (2) The duration of a shutdown, as measured from the time the
furnace operations drop below 25% of the permitted production capacity
or fuel use capacity to when all emissions from the furnace cease, may
not exceed 20 days.
    (3) If you are the owner or operator of an affected unit, you shall
operate the emissions control system whenever technologically feasible
during shutdown to minimize emissions.
    (f) Idling requirements. (1) If you are the owner or operator of an
affected unit, you shall operate the emissions control system whenever
technologically feasible during idling to minimize emissions.
    (2) If you are the owner or operator of an affected unit, your
NOX emissions during idling may not exceed the amount
calculated using the following equation: Pounds per day emissions limit
of NOX = (Applicable NOX emissions limit
specified in paragraph (c) of this section expressed in pounds per ton
of glass produced) x (Furnace permitted production capacity in tons of
glass produced per day).
    (3) To demonstrate compliance with the alternative daily
NOX emissions limit identified in paragraph (f)(2) of this
section during periods of idling, the owners or operators of an
affected unit shall maintain records consistent with paragraph (h)(3)
of this section.
    (g) Testing and monitoring requirements. (1) If you own or operate
an affected unit subject to the NOX emissions limits under
paragraph (c) of this section you must conduct performance tests, on an
annual basis, in accordance with the applicable reference test methods
of 40 CFR part 60, appendix A-4, any alternative test method approved
by the EPA as of June 5, 2023, under 40 CFR 59.104(f), 60.8(b)(3),
61.13(h)(1)(ii), 63.7(e)(2)(ii), or 65.158(a)(2) and available at the
EPA's website (https://www.epa.gov/emc/broadly-applicable-approved-alternative-test-methods), or other methods and procedures approved by
the EPA through notice-and-comment rulemaking. The annual performance
test does not have to be performed during the ozone season. Owners or
operators of affected units must calculate and record the 30-day
rolling average emissions rate of NOX as the total of all