80 FR 44772 - National Emission Standards for Hazardous Air Pollutants for the Portland Cement Manufacturing Industry and Standards of Performance for Portland Cement Plants
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 143 (July 27, 2015)
Federal Register Volume 80, Issue 143 (July 27, 2015)
| Page Range | 44772-44793 | |
| FR Document | 2015-16811 |
[Federal Register Volume 80, Number 143 (Monday, July 27, 2015)] [Rules and Regulations] [Pages 44772-44793] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-16811] [[Page 44771]] Vol. 80 Monday, No. 143 July 27, 2015 Part VI Environmental Protection Agency ----------------------------------------------------------------------- 40 CFR Part 60 and 63 National Emission Standards for Hazardous Air Pollutants for the Portland Cement Manufacturing Industry and Standards of Performance for Portland Cement Plants; Final Rule Federal Register / Vol. 80 , No. 143 / Monday, July 27, 2015 / Rules and Regulations [[Page 44772]] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 60 and 63 [EPA-HQ-OAR-2011-0817; FRL-9927-62-OAR] RIN 2060-AQ93 National Emission Standards for Hazardous Air Pollutants for the Portland Cement Manufacturing Industry and Standards of Performance for Portland Cement Plants AGENCY: Environmental Protection Agency (EPA). ACTION: Final amendments. ----------------------------------------------------------------------- SUMMARY: This action finalizes amendments to the National Emission Standards for Hazardous Air Pollutants (NESHAP) for the Portland Cement Manufacturing Industry and Standards of Performance for Portland Cement Plants. On February 12, 2013, the Environmental Protection Agency (EPA) finalized amendments to the NESHAP and the new source performance standards (NSPS) for the Portland cement industry. Subsequently, the EPA became aware of certain minor technical errors in those amendments, and thus issued a proposal to correct these errors on November 19, 2014 (79 FR 68821). The EPA received 3 comments on the proposal. In response to the comments received and to complete technical corrections, the EPA is now issuing final amendments. In addition, consistent with the U.S. Court of Appeals to the DC Circuit's vacatur of the affirmative defense provisions in the final rule, this action removes those provisions. These amendments do not affect the pollution reduction or costs associated with these standards. DATES: This final rule is effective on July 27, 2015. ADDRESSES: The EPA has established a docket for this action under Docket ID No. EPA-HQ-OAR-2011-0817. All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some information is not publicly available, e.g., confidential business information (CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy. Publicly available docket materials are available either electronically through http://www.regulations.gov or in hard copy at the EPA's Docket Center, Public Reading Room, EPA WJC West Building, Room Number 3334, 1301 Constitution Avenue NW., Washington, DC 20004. This docket facility is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566-1744, and the telephone number for the Air Docket is (202) 566-1742. FOR FURTHER INFORMATION CONTACT: Ms. Sharon Nizich, Sector Policies and Programs Division (D243-04), Office of Air Quality Planning and Standards, U.S. Environmental Protection Agency, Research Triangle Park, North Carolina 27711, telephone number: (919) 541-2825; facsimile number: (919) 541-5450; email address: [email protected]. For information about the applicability of the NESHAP or NSPS, contact Mr. Patrick Yellin, Monitoring, Assistance and Media Programs Division (2227A), Office of Enforcement and Compliance Assurance, U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue, Washington, DC 20460; telephone number (202) 564-2970; email address [email protected]. SUPPLEMENTARY INFORMATION: Organization of This Document. The information presented in this preamble is organized as follows: I. Preamble Acronyms and Abbreviations II. General Information A. Executive Summary B. Does this reconsideration action apply to me? C. Where can I get a copy of this document and other related information? D. Judicial Review III. Summary of Final Amendments A. Corrections and Clarifications B. Affirmative Defense IV. Summary of Changes Since Proposal V. Summary of Comments and Responses VI. Impacts of These Final Amendments A. What are the air impacts? B. What are the energy impacts? C. What are the compliance costs? D. What are the economic and employment impacts? E. What are the benefits of the final standards? VII. Statutory and Executive Order Reviews A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review B. Paperwork Reduction Act (PRA) C. Regulatory Flexibility Act (RFA) D. Unfunded Mandates Reform Act of 1995 (UMRA) E. Executive Order 13132: Federalism F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments G. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks H. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution or Use I. National Technology Transfer and Advancement Act (NTTAA) J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations K. Congressional Review Act (CRA) I. Preamble Acronyms and Abbreviations Several acronyms and terms are included in this preamble. While this may not be an exhaustive list, to ease the reading of this preamble and for reference purposes, the following terms and acronyms are defined here: APCD air pollution control devices CAA Clean Air Act CEMS continuous emission monitoring systems CFR Code of Federal Regulations EPA Environmental Protection Agency FR Federal Register Hg mercury HCl hydrogen chloride NAICS North American Industry Classification System NESHAP National Emissions Standards for Hazardous Air Pollutants NSPS new source performance standards NTTAA National Technology Transfer and Advancement Act oHAP Non-dioxin organic hazardous air pollutants OMB Office of Management and Budget PM particulate matter ppm(v)(d,w) parts per million (by volume) (dry,wet) SO2 Sulfur Dioxide THC total hydrocarbons TTN Technology Transfer Network UMRA Unfunded Mandates Reform Act WWW World Wide Web II. General Information A. Executive Summary 1. Purpose of This Regulatory Action The purpose of this action is to finalize amendments to the 40 CFR part 60, and part 63, subparts F and LLL, respectively. In 2010, the EPA established the NESHAP for the Portland Cement source category. (75 FR 54970, September 9, 2010). Specifically, the EPA established emission standards for mercury (Hg), hydrogen chloride (HCl), total hydrocarbons (THC) (or in the alternative, organic hazardous air pollutants (oHAP)), and particulate matter (PM). These standards, established pursuant to section 112(d) of the Clean Air Act (CAA), reflected performance of maximum available control technology. Following court remand, Portland Cement Ass'n v. EPA, 665 F. 3d 177 (D.C. Cir. 2011), the EPA amended some of these standards in 2013, and established a new compliance date of September 9, 2015, for the [[Page 44773]] amended standards. (78 FR 10006, Feb. 12, 2013). All of these actions were upheld by the U.S. Court of Appeals for the District of Columbia Circuit. Natural Resources Defense Council v. EPA, 749 F. 3d 1055 (D.C. Cir. 2014). The Court, however, vacated a provision of the rule establishing an affirmative defense when violations of the standards occurred because of malfunctions. 749 F. 3d at 1063-64. In light of the Court's vacatur, the regulatory provisions establishing the affirmative defense are null and void. Thus, the EPA is removing the affirmative defense regulatory text (40 CFR 63.1344) as part of this final technical corrections rule. The EPA also adopted standards of performance for new Portland cement sources as part of the same regulatory action establishing the 2010 NESHAP. (75 FR 54970, Sept. 9, 2010) and amended those standards at the same time of the NESHAP amendments (see 78 FR 10006) (see also Portland Cement Ass'n v. EPA, 665 F. 3d at 190-92 (upholding these standards)). The EPA is finalizing certain technical changes to these NSPS as part of this action. B. Does this reconsideration action apply to me? Categories and entities potentially regulated by this final rule include: Table 1--Industrial Source Categories Affected by This NESHAP and NSPS Final Action ------------------------------------------------------------------------ Examples of Category NAICS code \a\ regulated entities ------------------------------------------------------------------------ Industry.......................... 327310 Portland cement manufacturing plants. Federal government................ .............. Not affected. State/local/tribal government..... .............. Portland cement manufacturing plants. ------------------------------------------------------------------------ \a\ North American Industry Classification System. Table 1 of this preamble is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be regulated by this action. To determine whether your facility will be regulated by this action, you should examine the applicability criteria in 40 CFR 60.60 (subpart F) or in 40 CFR 63.1340 (subpart LLL). If you have any questions regarding the applicability of this final action to a particular entity, contact the appropriate person listed in the preceding FOR FURTHER INFORMATION CONTACT section. C. Where can I get a copy of this document and other related information? In addition to being available in the docket, an electronic copy of this action is available on the Internet through the EPA's Technology Transfer Network (TTN) Web site, a forum for information and technology exchange in various areas of air pollution control. Following signature by the EPA Administrator, the EPA will post a copy of this final action at http://www.epa.gov/airquality/cement. Following publication in the Federal Register, the EPA will post the Federal Register version of the proposal and key technical documents at this same Web site. D. Judicial Review Under section 307(b)(1) of the CAA, judicial review of this final action is available only by filing a petition for review in the court by September 25, 2015. Under section 307(b)(2) of the CAA, the requirements established by the final rule may not be challenged separately in any civil or criminal proceedings brought by the EPA to enforce the requirements. Section 307(d)(7)(B) of the CAA further provides that ``[o]nly an objection to a rule or procedure which was raised with reasonable specificity during the period for public comment (including any public hearing) may be raised during judicial review.'' This section also provides a mechanism for the EPA to convene a proceeding for reconsideration, ``[i]f the person raising an objection can demonstrate to the EPA that it was impracticable to raise such objection within [the period for public comment] or if the grounds for such objection arose after the period for public comment (but within the time specified for judicial review) and if such objection is of central relevance to the outcome of the rule.'' Any person seeking to make such a demonstration should submit a Petition for Reconsideration to the Office of the Administrator, U.S. EPA, WJC Building, 1200 Pennsylvania Ave. NW., Mail Code 1101A, Washington, DC 20460, with a copy to both the person(s) listed in the preceding FOR FURTHER INFORMATION CONTACT section and the Associate General Counsel for the Air and Radiation Law Office, Office of General Counsel), U.S. EPA, 1200 Pennsylvania Ave. NW., Mail Code 2344A, Washington, DC 20460. III. Summary of Final Amendments A. Corrections and Clarifications The EPA is finalizing certain clarifying changes and corrections to the 2013 final rule. Specifically, these amendments will: (1) Clarify the definition of rolling average, operating day and run average; (2) restore the table of emission limits which apply until the September 9, 2015, compliance date; (3) correct equation 8 regarding sources with an alkali bypass or inline coal mill that include a separate stack; (4) provide a scaling alternative for sources that have a wet scrubber, tray tower or dry scrubber relative to the HCl compliance demonstration; (5) add a temperature parameter to the startup and shutdown requirements; (6) clarify language related to span values for both Hg and HCl measurements; and (7) correct inadvertent typographical errors. The EPA is also finalizing corrections to certain inadvertent inconsistencies in the final rule regulatory text, such as correction of the compliance date for new sources and correction to the compliance date regarding monitoring and recordkeeping requirements. In both the NSPS and the NESHAP, we are finalizing language to clarify the existing definitions of Operating Day, Rolling Average and Run Average to promote consistent and clear monitoring data recording and emissions reporting. The clarifications below are in response to industry questions and are not intended to change the meaning of the final rule. In the final amendments, we clarify that ``Operating Day'' is any 24-hour period where clinker is produced. This clarification is necessary to specify that during any day with both operations and emissions, an emissions value or an average of emissions values representing those operations is included in the 30-day rolling average calculation. We also clarify that ``Rolling Average'' means a weighted average of all monitoring data collected during a specified time period divided by all production of clinker during those same hours of operation, and, where applicable, a 30-day rolling average is comprised of the average of all the hourly average concentrations over the previous 30 operating days. This clarification is necessary to specify the [[Page 44774]] way a long-term rolling average value is calculated such that different facilities are not using different approaches to demonstrate compliance with the rule. In addition, we clarify that ``Run Average'' means the average of the recorded parameter values, not the 1-minute parameter values, for a run. We are amending 40 CFR 63.1349(b)(8)(vii) to include a provision describing performance testing requirements when a source demonstrates compliance with the emissions standard using a continuous emissions monitoring system (CEMS) for sulfur dioxide (SO2 ) measurement and reporting. We are adding a scaling alternative whereby if a source uses a wet scrubber, tray tower or dry scrubber, and where the test run average of the three HCl compliance tests demonstrates compliance below 2.25 parts per million by volume (ppmv) (which is 75 percent of the HCl emission limit), the source may calculate an operating limit by establishing a relationship of the average SO2 CEMS signal to the HCl concentration (corrected to 7 percent oxygen). The operating limit would be established at a point where the SO2 CEMS indicates the source would be at 2.25 ppmv. Since the 2.25 ppmv is below the actual limit of 3.0 ppmv, the source will continue to demonstrate compliance with the HCl standard. Given the fact that SO2 controls preferentially remove HCl, an increase in SO2 emissions would not indicate an increase in HCl emissions as long as some SO2 emissions reductions are occurring. Adding this compliance flexibility should not result in any increase in HCl emissions. We are also amending, under 40 CFR 63.1346(g)(3), language related to the use of air pollution control devices (APCD). We had proposed that all hazardous APCD be operating by the time the temperature to the APCD reaches 300 [deg]F. However, during the comment period, the EPA received further clarification on the temperature parameter. Commenters noted that the temperature threshold during startup need only apply to injection systems and not all APCD, and that the temperature reading should occur at the PM control device inlet. Commenters also noted that as soon as fuel is shut off during shutdown, gas flows can decrease to the point where activated carbon and hydrated lime being injected can fall out of the stream and accumulate in the duct work due to reduced gas flows. In addition, lime affected by water vapor condensation present during startup and shutdown conditions will cause the lime to harden and reduce the efficiency for dust removal.\1\ Because of the injection system operating restrictions with startup and shutdown, revision of the startup and shutdown work practice is amended in the final rule to clarify that the injection system may be shut off when kiln feed is shut off. In addition to this revision regarding injection systems, clarification that all control devices for HAP must be operating during startup and shutdown has been included in the regulatory text. --------------------------------------------------------------------------- \1\ These issues are further discussed in the docket, via communication with John Holmes dated September 24, 2014. --------------------------------------------------------------------------- We are also finalizing measurement span criteria for HCl CEMS to include better quality assurance/quality control (QA/QC) for measurements of elevated HCl emissions that may result from ``mill off'' operations. This slight increase in measurement span (from 5 parts per million (ppm) to 10 ppm) provides for an improved balance between accurately quantifying measurements at low emissions levels (the majority of operating time) and improving QA/QC for brief periods of elevated emissions observed during ``mill off'' operation (the majority of HCl mass emissions). In these final amendments, we remove 40 CFR 60.64(c)(2), which applied when sources did not have valid 15-minute CEMS data. This provision allowed for inclusion of the average emission rate from the previous hour for which data were available. This provision was inadvertently added to the final rule, but this substitution is not an allowable action. We are also revising 40 CFR 63.1350(o) (Alternative Monitoring Requirements Approval), because language in this section, which does not allow an operator to apply for alternative THC monitoring, is now obsolete. There is now alternative monitoring allowed in 40 CFR 63.1350(j) due to the 2013 final rule (see 78 FR 10015). A source that emits a high amount of THC due to methane emissions, for example, can follow the alternative oHAP monitoring requirements. For any other reason that an alternative THC monitoring protocol is warranted, we allow the source to submit an application to the Administrator subject to the provisions of 40 CFR 63.1350(o)(1) through (6). B. Affirmative Defense The EPA is removing a regulatory affirmative defense provision from the rule. As explained above, removal of the affirmative defense merely corrects the regulation to reflect that the provisions have no legal effect in light of the court vacatur of the affirmative defense provisions in the Portland Cement NESHAP rule. NRDC v. EPA, 749 F. 3d at 1063-64 (D.C. Cir. 2014). IV. Summary of Changes Since Proposal Section III summarized the amendments to the 2013 NSPS and NESHAP rules that the EPA is finalizing in this rule. Due to public comments, minor changes to the proposed regulatory text have been included in the final rule. These minor changes are discussed in the response to comment document that can be found in the docket. We believe that these minor changes sufficiently address concerns expressed by commenters and improve the clarity of the rule while improving or preserving public health and environmental protection required under the CAA. V. Summary of Comments and Responses We proposed amendments to the 2013 NSPS and NESHAP rules on November 19, 2014 (see 79 FR 68821). We received 3 comment letters, and consequently made some additional corrections in response to these comments. Comments and responses on these amendments are summarized in the response to comments document found in the docket. There were no significant comments received on the proposed technical amendments. A list of typographical errors we proposed to correct, and are now finalizing, can be found in the proposed rule at 79 FR 68824. For clarity, we are including a table of additional typographical corrections found by the commenters on the proposed rule. [[Page 44775]] Table 2--Miscellaneous Final Technical Corrections to 40 CFR Part 63, Subpart LLL ------------------------------------------------------------------------ Section of subpart LLL Description of correction ------------------------------------------------------------------------ 40 CFR 63.1347(a)(1)................... Referred rule numbers have been changed from Section 63.1343 through 63.1348, to Sections 63.1343, 1345 and 1346. 40 CFR 63.1349(b)(1)(iii).............. Reference to procedures in (a)(1)(iii)(A) through (D) is changed to (b)1(iii)(A) through (D). 40 CFR 63.1349(b)(1)(iii)(A)(4)........ Reference in this section is changed from (a)(1)(iii)(A)(1) through (3) to (b)(1)(iii)(A)(1) through (3). 40 CFR 63.1349(b)(3)(iv)............... Reference in this section is changed from 63.1344(b) to 63.1346(b). 40 CFR 63.1349(b)(7)(ii)............... Reference in this section is changed from (a)(7)(vii) and (viii)) to (b)(7)(viii) through (ix). 40 CFR 63.1349(b)(7)(vii).............. Reference in this section is changed from (a)(7)(vii) and (viii) to (b)(7)(viii) through (ix). 40 CFR 63.1349(b)(7)(viii)............. Reference in this section is changed from (a)(7)(vii)(A) and (B) to (b)(7)(viii)(A) and (B). Equation 13............................ The variable Y listed in units of ppmv is changed to ppmvd. Equation 14............................ Variable Y1 is listed but is not in equation and has been removed. 40 CFR 63.1349(b)(8)(viii)............. Reference to Equation 18 has been changed to reference to Equation 21. 40 CFR 63.1349(c)...................... A range for performance testing from 29-31 months for 30 month tests and 11-13 months for annual tests has been added. 40 CFR 63.1350(k) and (l).............. Clarifications on calibration and span checks have been added. Reference to Performance Specification 18 added. 40 CFR 63.1350(n)(4)................... Reference in this section is changed from (n)(1) to (n)(2). 40 CFR 63.1355(d)...................... A requirement to keep annual records of cement kiln dust is obsolete due to the 2013 final amendment requirements of continuous monitoring, so this provision has been removed. Table 1 to Subpart LLL of Part 63-- Remove reference to Applicability of General Provisions. 63.10(e)(3)(vii) and (viii) since they were superseded by 63.1354(b)(10). ------------------------------------------------------------------------ The EPA is also finalizing corrections and clarifications to the 2013 NESHAP and NSPS rules, including typographical and grammatical errors, as well as incorrect dates and cross-references. Details of the specific changes we are finalizing to the regulatory text may be found above in the table of corrections, and also in the response to comment document found in the docket for this action. VI. Impacts of These Final Amendments The EPA has determined that owners and operators of affected facilities would choose to install and operate the same or similar air pollution control technologies under this action as they would have installed to comply with the previously finalized standards. We project that these amendments will result in no significant change in costs, emission reductions or benefits. Even if there were changes in costs for the affected facilities, such changes would likely be small relative to both the overall costs of the individual projects and the overall costs and benefits of the final rule. Since we believe that owners and operators would put on the same controls for this revised final rule that they would have for the 2013 rule, there should not be any incremental costs related to this final rule. A. What are the air impacts? We believe that owners and operators of affected facilities will not revise their control technology implementation plans as a result of these final technical corrections. Accordingly, we believe that this final rule will not result in significant changes in emissions of any regulated pollutants. B. What are the energy impacts? This final rule is not anticipated to have an effect on the supply, distribution or use of energy. As previously stated, we believe that owners and operators of affected facilities would install the same or similar control technologies as they would have installed to comply with the previously finalized standards. C. What are the compliance costs? We believe there will be no significant change in compliance costs as a result of this final rule because owners and operators of affected facilities would install the same or similar control technologies as they would have installed to comply with the previously finalized standards. D. What are the economic and employment impacts? Because we expect that owners and operators of affected facilities would install the same or similar control technologies under this action as they would have installed to comply with the previously finalized standards, we do not anticipate that this final rule will result in significant changes in emissions, energy impacts, costs, benefits or economic impacts. Likewise, we believe this rule will not have any impacts on the price of electricity, employment or labor markets, or the U.S. economy. E. What are the benefits of the final standards? As previously stated, the EPA anticipates the Portland cement industry will not incur significant compliance costs or savings as a result of this action and we do not anticipate any significant emission changes resulting from these amendments to the rule. Therefore, there are no direct monetized benefits or disbenefits associated with this final rule. VII. Statutory and Executive Order Reviews Additional information about these statutes and Executive Orders can be found at http://www2.epa.gov/laws-regulations/laws-and-executive-orders. A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review This action is not a significant regulatory action and was therefore not submitted to the Office of Management and Budget (OMB) for review. [[Page 44776]] B. Paperwork Reduction Act (PRA) This action does not impose any new information collection burden under the PRA. The OMB has previously approved the information collection activities contained in the existing regulations and has assigned OMB control number 2060-0416 for the NESHAP; there are no additional recordkeeping and reporting requirements for the NSPS. This action does not change the information collection requirements previously finalized and, as a result, does not impose any additional information collection burden on industry. The OMB control numbers for the EPA's regulations in 40 CFR are listed in 40 CFR part 9. C. Regulatory Flexibility Act (RFA) I certify that this action will not have a significant economic impact on a substantial number of small entities under the RFA. In making this determination, the impact of concern is any significant adverse economic impact on small entities. An agency may certify that a rule will not have a significant economic impact on a substantial number of small entities if the rule relieves regulatory burden, has no net burden or otherwise has a positive economic effect on the small entities subject to the rule. The EPA has determined that none of the small entities subject to this rule will experience a significant impact because this action imposes no additional compliance costs on owners or operators of affected sources. We have therefore concluded that this action will have no net regulatory burden for all directly regulated small entities. D. Unfunded Mandates Reform Act of 1995 (UMRA) This action does not contain any unfunded mandate as described in UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect small governments. This action imposes no enforceable duty on any state, local or tribal governments or the private sector. E. Executive Order 13132: Federalism This action does not have federalism implications. It will not have substantial direct effects on the states, on the relationship between the national government and the states, or on the distribution of power and responsibilities among the various levels of government. F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments This action does not have tribal implications as specified in Executive Order 13175. It will not have substantial direct effect on tribal governments, on the relationship between the federal government and Indian tribes or on the distribution of power and responsibilities between the federal government and Indian tribes, as specified in Executive Order 13175. Thus, Executive Order 13175 does not apply to this action. G. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks This action is not subject to Executive Order 13045 because it is not economically significant as defined in Executive Order 12866, and because the EPA does not believe the environmental health or safety risks addressed by this action present a disproportionate risk to children. This action does not add to or relieve affected sources from any requirements, and therefore has no impacts; thus, health and risk assessments were not conducted. H. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use This action is not subject to Executive Order 13211 because it is not a significant regulatory action under Executive Order 12866. I. National Technology Transfer and Advancement Act (NTTAA) This rulemaking does not involve technical standards. J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations The EPA believes the human health or environmental risk addressed by this action will not have potential disproportionately high and adverse human health or environmental effects on minority, low-income or indigenous populations because it does not affect the level of protection provided to human health or the environment. The basis for this determination is that this action is a reconsideration of existing requirements and imposes no new impacts or costs. K. Congressional Review Act (CRA) This action is subject to the CRA, and the EPA will submit a rule report to each House of the Congress and to the Comptroller General of the United States. This action is not a ``major rule'' as defined by 5 U.S.C. 804(2). List of Subjects 40 CFR Part 60 Administrative practice and procedure, Air pollution control, Environmental protection, Intergovernmental relations, Reporting and recordkeeping. 40 CFR Part 63 Environmental protection, Administrative practice and procedure, Air pollution control, Hazardous substances, Intergovernmental relations, Reporting and recordkeeping requirements. Dated: July 1, 2015. Gina McCarthy, Administrator. For the reasons set out in the preamble, title 40, chapter I of the Code of Federal Regulations is amended as follows: PART 60--STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES 0 1. The authority citation for part 60 continues to read as follows: Authority: 42 U.S.C. 7411. Subpart F--[Amended] 0 2. Section 60.61 is amended by revising paragraph (f) and adding paragraphs (g) and (h) to read as follows: Sec. 60.61 Definitions. * * * * * (f) Operating day means a 24-hour period beginning at 12:00 midnight during which the kiln produces clinker at any time. For calculating 30 day rolling average emissions, an operating day does not include the hours of operation during startup or shutdown. (g) Rolling average means the weighted average of all data, meeting QA/QC requirements 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 [[Page 44777]] 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. (h) Run average means the average of the recorded parameter values for a run. 0 3. Section 60.62 is amended by adding paragraphs (a)(1)(i), (a)(2), (b)(1)(iii) and (iv), revising paragraph (d), and adding paragraph (e) to read as follows: Sec. 60.62 Standards. (a) * * * (1) * * * (i) 0.30 pounds per ton of feed (dry basis) to the kiln for kilns constructed, reconstructed, or modified after August 17, 1971 but on or before June 16, 2008. * * * * * (2) Exhibit greater than 20 percent opacity for kilns constructed, reconstructed, or modified after August 17, 1971 but on or before June 16, 2008, except that this opacity limit does not apply to any kiln subject to a PM limit in paragraph (a)(1) of this section that uses a PM continuous parametric monitoring system (CPMS). * * * * * (b) * * * (1) * * * (iii) 0.10 lb per ton of feed (dry basis) for clinker coolers constructed, reconstructed, or modified after August 17, 1971, but on or before June 16, 2008. (iv) 10 percent opacity for clinker coolers constructed, reconstructed, or modified after August 17, 1971, but on or before June 16, 2008, except that this opacity limit does not apply to any clinker cooler subject to a PM limit in paragraph (b)(1) of this section that uses a PM continuous parametric monitoring system (CPMS). * * * * * (d) If you have an affected source subject to this subpart with a different emissions limit or requirement for the same pollutant under another regulation in title 40 of this chapter, once you are in compliance with the most stringent emissions limit or requirement, you are not subject to the less stringent requirement. Until you are in compliance with the more stringent limit, the less stringent limit continues to apply. (e) The compliance date for all revised monitoring and recordkeeping requirements contained in this rule will be the same as listed in 63.1351(c) unless you commenced construction as of June 16, 2008, at which time the compliance date is November 8, 2010 or upon startup, whichever is later. 0 4. Section 60.63 is amended by revising paragraphs (c)(1), (c)(2)(i) and (iii), (c)(3), (c)(4)(ii) through (iv), and (c)(5) through (8) to read as follows: Sec. 60.63 Monitoring of operations. * * * * * (c) * * * (1) For each kiln or clinker cooler subject to a PM emissions limit in Sec. Sec. 60.62(a)1(ii) and 60.62(a)1(iii) or 60.62(b)(1)(i) and 60.62(b)(1)(ii), you must demonstrate compliance through an initial performance test. You will conduct your performance test using Method 5 or Method 5I at appendix A-3 to part 60 of this chapter. You must also monitor continuous performance through use of a PM CPMS. (2) * * * (i) Your PM CPMS must provide a 4-20 milliamp or digital signal output and the establishment of its relationship to manual reference method measurements must be determined in units of milliamps or the monitors digital equivalent. (ii) * * * (iii) During the initial performance test or any such subsequent performance test that demonstrates compliance with the PM limit, record and average all milliamp or digital output values from the PM CPMS for the periods corresponding to the compliance test runs (e.g., average all your PM CPMS output values for three corresponding 2-hour Method 5I test runs). (3) Determine your operating limit as specified in paragraphs (c)(4)(i) through (c)(5) of this section. If your PM performance test demonstrates your PM emission levels to be below 75 percent of your emission limit, you will use the average PM CPMS value recorded during the PM compliance test, the milliamp or digital equivalent of zero output from your PM CPMS, and the average PM result of your compliance test to establish your operating limit. If your PM compliance test demonstrates your PM emission levels to be at or above 75 percent of your emission limit, you will use the average PM CPMS value recorded during the PM compliance test to establish your operating limit. You must verify an existing or establish a new operating limit after each repeated performance test. You must repeat the performance test at least annually and reassess and adjust the site-specific operating limit in accordance with the results of the performance test. (4) * * * (ii) Determine your PM CPMS instrument average in milliamps or digital equivalent and the average of your corresponding three PM compliance test runs, using equation 1. [GRAPHIC] [TIFF OMITTED] TR27JY15.006 Where: X1 = The PM CPMS data points for the three runs constituting the performance test, Y1 = The PM concentration value for the three runs constituting the performance test, and n = The number of data points. (iii) With your PM CPMS instrument zero expressed in milliamps or a digital value, your three run average PM CPMS milliamp or digital signal value, and your three run average PM concentration from your three PM performance test runs, determine a relationship of lb/ton- clinker per milliamp or digital signal with equation 2. [GRAPHIC] [TIFF OMITTED] TR27JY15.007 Where: R = The relative lb/ton clinker per milliamp or digital equivalent for your PM CPMS. Y1 = The three run average PM lb/ton clinker. [[Page 44778]] X1 = The three run average milliamp or digital signal output from your PM CPMS. z = The milliamp or digital equivalent of your instrument zero determined from (c)(4)(i) of this section. (iv) Determine your source specific 30-day rolling average operating limit using the lb/ton-clinker per milliamp or digital signal value from Equation 2 above in Equation 3, below. This sets your operating limit at the PM CPMS output value corresponding to 75 percent of your emission limit. [GRAPHIC] [TIFF OMITTED] TR27JY15.008 Where: Ol = The operating limit for your PM CPMS on a 30-day rolling average, in milliamps or the digital equivalent. L = Your source emission limit expressed in lb/ton clinker. z = Your instrument zero in milliamps or a digital equivalent, determined from (1)(i). R = The relative lb/ton-clinker per milliamp or digital equivalent, for your PM CPMS, from Equation 2. (5) If the average of your three PM compliance test runs is at or above 75 percent of your PM emission limit, you must determine your operating limit by averaging the PM CPMS milliamp or digital equivalent output corresponding to your three PM performance test runs that demonstrate compliance with the emission limit using Equation 4. [GRAPHIC] [TIFF OMITTED] TR27JY15.009 Where: X1 = The PM CPMS data points for all runs i. n = The number of data points. Oh = Your site specific operating limit, in milliamps or digital equivalent. (6) To determine continuous compliance, you must record the PM CPMS output data for all periods when the process is operating, and use all the PM CPMS data for calculations when the source is not out-of- control. You must demonstrate continuous compliance by using all quality-assured hourly average data collected by the PM CPMS for all operating hours to calculate the arithmetic average operating parameter in units of the operating limit (milliamps or the digital equivalent) on a 30 operating day rolling average basis, updated at the end of each new kiln operating day. Use Equation 5 to determine the 30 kiln operating day average. [GRAPHIC] [TIFF OMITTED] TR27JY15.010 Where: Hpvi = The hourly parameter value for hour i. n = The number of valid hourly parameter values collected over the previous 30 kiln operating days. (7) Use EPA Method 5 or Method 5I of appendix A to part 60 of this chapter to determine PM emissions. For each performance test, conduct at least three separate runs each while the mill is on and the mill is off under the conditions that exist when the affected source is operating at the level reasonably expected to occur. Conduct each test run to collect a minimum sample volume of 2 dscm for determining compliance with a new source limit and 1 dscm for determining compliance with an existing source limit. Calculate the time weighted average of the results from three consecutive runs to determine compliance. You need not determine the particulate matter collected in the impingers (``back half'') of the Method 5 or Method 5I particulate sampling train to demonstrate compliance with the PM standards of this subpart. This shall not preclude the permitting authority from requiring a determination of the ``back half'' for other purposes. (8) For PM performance test reports used to set a PM CPMS operating limit, the electronic submission of the test report must also include the make and model of the PM CPMS instrument, serial number of the instrument, analytical principle of the instrument (e.g. beta attenuation), span of the instruments primary analytical range, milliamp or digital signal value equivalent to the instrument zero output, technique by which this zero value was determined, and the average milliamp or digital equivalent signals corresponding to each PM compliance test run. * * * * * 0 5. Section 60.64 is amended by revising paragraph (c) introductory text and removing and reserving paragraph (c)(2). The revision reads as follows: Sec. 60.64 Test methods and procedures. * * * * * (c) Calculate and record the rolling 30 kiln operating day average emission rate daily of NOX and SO2 according to the procedures in paragraph (c)(1) of this section. * * * * * PART 63--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES 0 6. The authority citation for part 63 continues to read as follows: Authority: 42 U.S.C. 7401, et seq. Subpart LLL--[Amended] 0 7. Section 63.1341 is amended by revising the definitions for ``Operating day'', ``Rolling average'', and ``Run average'' to read as follows: Sec. 63.1341 Definitions. * * * * * [[Page 44779]] Operating day means any 24-hour period beginning at 12:00 midnight during which the kiln produces any amount of clinker. For calculating the 30-day rolling average emissions, kiln operating days do not include the hours of operation during startup or shutdown. * * * * * Rolling average means the weighted average of all data, meeting QA/ QC requirements 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. Run average means the average of the recorded parameter values for a run. * * * * * 0 8. Section 63.1343 is amended by revising paragraphs (a), (b)(1) and (2), and (d) to read as follows: Sec. 63.1343 What standards apply to my kilns, clinker coolers, raw material dryers, and open clinker storage piles? (a) General. The provisions in this section apply to each kiln and any alkali bypass associated with that kiln, clinker cooler, raw material dryer, and open clinker storage pile. All D/F, HCl, and total hydrocarbon (THC) emissions limit are on a dry basis. The D/F, HCl, and THC limits for kilns are corrected to 7 percent oxygen. All THC emissions limits are measured as propane. Standards for mercury and THC are based on a rolling 30-day average. If using a CEMS to determine compliance with the HCl standard, this standard is based on a rolling 30-day average. You must ensure appropriate corrections for moisture are made when measuring flow rates used to calculate mercury emissions. The 30-day period means all operating hours within 30 consecutive kiln operating days excluding periods of startup and shutdown. All emissions limits for kilns, clinker coolers, and raw material dryers currently in effect that are superseded by the limits below continue to apply until the compliance date of the limits below, or until the source certifies compliance with the limits below, whichever is earlier. (b) Kilns, clinker coolers, raw material dryers, raw mills, and finish mills. (1) The emissions limits for these sources are shown in Table 1. Table 1--Emissions Limits for Kilns, Clinker Coolers, Raw Material Dryers, Raw and Finish Mills -------------------------------------------------------------------------------------------------------------------------------------------------------- And the operating mode And if is located at Your emissions limits And the units of the The oxygen correction If your source is a (an): is: a: are: emissions limit are: factor is: -------------------------------------------------------------------------------------------------------------------------------------------------------- 1. Existing kiln................... Normal operation...... Major or area source.. PM \1\ 0.07.......... lb/ton clinker....... NA. D/F \2\ 0.2.......... ng/dscm (TEQ)........ 7 percent. Mercury 55........... lb/MM tons clinker... NA. THC 3 4 24........... ppmvd................ 7 percent. 2. Existing kiln................... Normal operation...... Major source.......... HCl 3................ ppmvd................ 7 percent. 3. Existing kiln................... Startup and shutdown.. Major or area source.. Work practices NA................... NA. (63.1346(g)). 4. New kiln........................ Normal operation...... Major or area source.. PM \1\ 0.02.......... lb/ton clinker....... NA. D/F \2\ 0.2.......... ng/dscm (TEQ)........ 7 percent. Mercury 21........... lb/MM tons clinker... NA. THC 3 4 24........... ppmvd................ 7 percent. 5. New kiln........................ Normal operation...... Major source.......... HCl 3................ ppmvd................ 7 percent. 6. New kiln........................ Startup and shutdown.. Major or area source.. Work practices NA................... NA. (63.1346(g)). 7. Existing clinker cooler......... Normal operation...... Major or area source.. PM 0.07.............. lb/ton clinker....... NA. 8. Existing clinker cooler......... Startup and shutdown.. Major or area source.. Work practices NA................... NA. (63.1348(b)(9)). 9. New clinker cooler.............. Normal operation...... Major or area source.. PM 0.02.............. lb/ton clinker....... NA. 10. New clinker cooler............. Startup and shutdown.. Major or area source.. Work practices NA................... NA. (63.1348(b)(9)). 11. Existing or new raw material Normal operation...... Major or area source.. THC 3 4 24........... ppmvd................ NA. dryer. 12. Existing or new raw material Startup and shutdown.. Major or area source.. Work practices NA................... NA. dryer. (63.1348(b)(9)). 13. Existing or new raw or finish All operating modes... Major source.......... Opacity 10........... percent.............. NA. mill. -------------------------------------------------------------------------------------------------------------------------------------------------------- \1\ The initial and subsequent PM performance tests are performed using Method 5 or 5I and consist of three test runs. \2\ If the average temperature at the inlet to the first PM control device (fabric filter or electrostatic precipitator) during the D/F performance test is 400 [deg]F or less, this limit is changed to 0.40 ng/dscm (TEQ). \3\ Measured as propane. \4\ Any source subject to the 24 ppmvd THC limit may elect to meet an alternative limit of 12 ppmvd for total organic HAP. (2) When there is an alkali bypass and/or an inline coal mill with a separate stack associated with a kiln, the combined PM emissions from the kiln and the alkali bypass stack and/or the inline coal mill stack are subject to the PM emissions limit. Existing kilns that combine the clinker cooler exhaust and/or alkali bypass and/or coal mill exhaust with the kiln exhaust and send the combined exhaust to the PM control device as a single stream may meet an alternative PM emissions limit. This limit is calculated using Equation 1 of this section: [[Page 44780]] [GRAPHIC] [TIFF OMITTED] TR27JY15.011 Where: PMalt = Alternative PM emission limit for commingled sources. 0.006 = The PM exhaust concentration (gr/dscf) equivalent to 0.070 lb per ton clinker where clinker cooler and kiln exhaust gas are not combined. 1.65 = The conversion factor of ton feed per ton clinker. Qk = The exhaust flow of the kiln (dscf/ton feed). Qc = The exhaust flow of the clinker cooler (dscf/ton feed). Qab = The exhaust flow of the alkali bypass (dscf/ton feed). Qcm = The exhaust flow of the coal mill (dscf/ton feed). 7000 = The conversion factor for grains (gr) per lb. For new kilns that combine kiln exhaust, clinker cooler gas and/or coal mill and alkali bypass exhaust, the limit is calculated using Equation 2 of this section: [GRAPHIC] [TIFF OMITTED] TR27JY15.012 Where: PMalt = Alternative PM emission limit for commingled sources. 0.002 = The PM exhaust concentration (gr/dscf) equivalent to 0.020 lb per ton clinker where clinker cooler and kiln exhaust gas are not combined. 1.65 = The conversion factor of ton feed per ton clinker. Qk = The exhaust flow of the kiln (dscf/ton feed). Qc = The exhaust flow of the clinker cooler (dscf/ton feed). Qab = The exhaust flow of the alkali bypass (dscf/ton feed). Qcm = The exhaust flow of the coal mill (dscf/ton feed). 7000 = The conversion factor for gr per lb. * * * * * (d) Emission limits in effect prior to September 9, 2010. Any source defined as an existing source in Sec. 63.1351, and that was subject to a PM, mercury, THC, D/F, or opacity emissions limit prior to September 9, 2010, must continue to meet the limits as shown in Table 2 until September 9, 2015. Table 2--Emissions Limits in Effect Prior to September 9, 2010, For Kilns (Rows 1-4), Clinker Coolers (Row 5), and Raw Material Dryers (Rows 6-9) ---------------------------------------------------------------------------------------------------------------- And the units of If your source is and And if it is Your emissions the emissions located at limits are: \1\ limit are: ---------------------------------------------------------------------------------------------------------------- 1. An existing kiln............. it commenced A major source.... PM-0.3............ lb/ton feed construction or Opacity-20........ percent ng/dscm reconstruction on D/F-0.2 \2\....... (TEQ) ppmvd. or prior to THC-50 3 4........ December 2, 2005. 2. An existing kiln............. it commenced A major source.... PM-0.3............ lb/ton feed construction or Opacity-20........ percent ng/dscm reconstruction D/F-0.2 \2\....... (TEQ) ppmvd ug/ after December 2, THC-20 3 5........ dscm. 2005. Mercury-41 \6\.... 3. An existing kiln............. it commenced An area source.... D/F-0.2 \2\....... ng/dscm (TEQ) construction or THC-50 3 4........ ppmvd. reconstruction on or prior to December 2, 2005. 4. An existing kiln............. it commenced An area source.... D/F-0.2 \2\....... ng/dscm (TEQ) construction or THC-.............. ppmvd ug/dscm. reconstruction 20 3 5............ after December 2, Mercury-41 \6\.... 2005. 5. An existing clinker cooler... NA................ A major source.... PM-0.1............ lb/ton feed Opacity-10........ percent. 6. An Existing raw material it commenced A major source.... THC-50 3 4........ ppmvd Percent. dryer. construction or Opacity-10........ reconstruction on or prior to December 2, 2005. 7. An Existing raw material it commenced A major source.... THC-20 3 5........ ppmvd percent. dryer. construction or Opacity-10........ reconstruction after December 2, 2005. 8. An Existing raw material it commenced An area source.... THC-50 3 4........ ppmvd. dryer. construction or reconstruction on or prior to December 2, 2005. 9. An Existing raw material it commenced An area source.... THC-20 3 5........ ppmvd. dryer. construction or reconstruction after December 2, 2005. ---------------------------------------------------------------------------------------------------------------- \1\ All emission limits expressed as a concentration basis (ppmvd, ng/dscm) are corrected to seven percent oxygen. \2\ If the average temperature at the inlet to the first particulate matter control device (fabric filter or electrostatic precipitator) during the D/F performance test is 400 [deg]F or less, this limit is changed to 0.4 ng/dscm (TEQ). \3\ Measured as propane. \4\ Only applies to Greenfield kilns or raw material dryers. \5\ As an alternative, a source may demonstrate a 98 percent reduction in THC emissions from the exit of the kiln or raw material dryer to discharge to the atmosphere. Inline raw mills are considered to be an integral part of the kiln. \6\ As an alternative, a source may route the emissions through a packed bed or spray tower wet scrubber with a liquid-to-gas ratio of 30 gallons per 1000 actual cubic feet per minute or more and meet a site-specific emission limit based on the measured performance of the wet scrubber. [[Page 44781]] Sec. 63.1344 [Removed and Reserved] 0 9. Section 63.1344 is removed and reserved. 0 10. Section 63.1346 is amended by revising paragraph (g)(3)to read as follows: Sec. 63.1346 Operating limits for kilns. * * * * * (g) * * * (3) All dry sorbent and activated carbon systems that control hazardous air pollutants must be turned on and operating at the time the gas stream at the inlet to the baghouse or ESP reaches 300 degrees Fahrenheit (five minute average) during startup. Temperature of the gas stream is to be measured at the inlet of the baghouse or ESP every minute. Such injection systems can be turned off during shutdown. Particulate control and all remaining devices that control hazardous air pollutants should be operational during startup and shutdown. * * * * * 0 11. Section 63.1347 is amended by revising paragraph (a)(1) to read as follows: Sec. 63.1347 Operation and maintenance plan requirements. (a) * * * (1) Procedures for proper operation and maintenance of the affected source and air pollution control devices in order to meet the emissions limits and operating limits, including fugitive dust control measures for open clinker piles of Sec. Sec. 63.1343, 63.1345, and 63.1346. Your operations and maintenance plan must address periods of startup and shutdown. * * * * * 0 12. Section 63.1348 is amended by revising paragraphs (a)(4)(iv) and (v), (b)(1)(iii), and (b)(9) to read as follows: Sec. 63.1348 Compliance requirements. (a) * * * (4) * * * (iv) The time weighted average total organic HAP concentration measured during the separate initial performance test specified by Sec. 63.1349(b)(7) must be used to determine initial compliance. (v) The time weighted average THC concentration measured during the initial performance test specified by Sec. 63.1349(b)(4) must be used to determine the site-specific THC limit. Using the fraction of time the inline kiln/raw mill is on and the fraction of time that the inline kiln/raw mill is off, calculate this limit as a time weighted average of the THC levels measured during raw mill on and raw mill off testing using one of the two approaches in Sec. 63.1349(b)(7)(vii) or (viii) depending on the level of organic HAP measured during the compliance test. * * * * * (b) * * * (1) * * * (iii) You may not use data recorded during monitoring system startup, shutdown or malfunctions or repairs associated with monitoring system malfunctions in calculations used to report emissions or operating levels. A monitoring system malfunction is any sudden, infrequent, not reasonably preventable failure of the monitoring system to provide valid data. Monitoring system failures that are caused in part by poor maintenance or careless operation are not malfunctions. You must use all the data collected during all other periods in assessing the operation of the control device and associated control system. * * * * * (9) Startup and Shutdown Compliance. All dry sorbent and activated carbon systems that control hazardous air pollutants must be turned on and operating at the time the gas stream at the inlet to the baghouse or ESP reaches 300 degrees Fahrenheit (five minute average) during startup. Temperature of the gas stream is to be measured at the inlet of the baghouse or ESP every minute. Such injection systems can be turned off during shutdown. Particulate control and all remaining devices that control hazardous air pollutants should be operational during startup and shutdown. * * * * * 0 13. Section 63.1349 is amended by revising paragraphs (b), (c), and (d)(1)(ii) to read as follows: Sec. 63.1349 Performance testing requirements. * * * * * (b)(1) PM emissions tests. The owner or operator of a kiln and clinker cooler subject to limitations on PM emissions shall demonstrate initial compliance by conducting a performance test using Method 5 or Method 5I at appendix A-3 to part 60 of this chapter. You must also monitor continuous performance through use of a PM continuous parametric monitoring system (PM CPMS). (i) For your PM CPMS, you will establish a site-specific operating limit. If your PM performance test demonstrates your PM emission levels to be below 75 percent of your emission limit you will use the average PM CPMS value recorded during the PM compliance test, the milliamp or digital equivalent of zero output from your PM CPMS, and the average PM result of your compliance test to establish your operating limit. If your PM compliance test demonstrates your PM emission levels to be at or above 75 percent of your emission limit you will use the average PM CPMS value recorded during the PM compliance test to establish your operating limit. You will use the PM CPMS to demonstrate continuous compliance with your operating limit. You must repeat the performance test annually and reassess and adjust the site-specific operating limit in accordance with the results of the performance test. (A) Your PM CPMS must provide a 4-20 milliamp or digital signal output and the establishment of its relationship to manual reference method measurements must be determined in units of milliamps or the monitors digital equivalent. (B) Your PM CPMS operating range must be capable of reading PM concentrations from zero to a level equivalent to three times your allowable emission limit. If your PM CPMS is an auto-ranging instrument capable of multiple scales, the primary range of the instrument must be capable of reading PM concentration from zero to a level equivalent to three times your allowable emission limit. (C) During the initial performance test or any such subsequent performance test that demonstrates compliance with the PM limit, record and average all milliamp or digital output values from the PM CPMS for the periods corresponding to the compliance test runs (e.g., average all your PM CPMS output values for three corresponding Method 5I test runs). (ii) Determine your operating limit as specified in paragraphs (b)(1)(iii) through (iv) of this section. If your PM performance test demonstrates your PM emission levels to be below 75 percent of your emission limit you will use the average PM CPMS value recorded during the PM compliance test, the milliamp or digital equivalent of zero output from your PM CPMS, and the average PM result of your compliance test to establish your operating limit. If your PM compliance test demonstrates your PM emission levels to be at or above 75 percent of your emission limit you will use the average PM CPMS value recorded during the PM compliance test to establish your operating limit. You must verify an existing or establish a new operating limit after each repeated performance test. You must repeat the performance test at least annually and reassess and adjust the site-specific operating limit in [[Page 44782]] accordance with the results of the performance test. (iii) If the average of your three Method 5 or 5I compliance test runs is below 75 percent of your PM emission limit, you must calculate an operating limit by establishing a relationship of PM CPMS signal to PM concentration using the PM CPMS instrument zero, the average PM CPMS values corresponding to the three compliance test runs, and the average PM concentration from the Method 5 or 5I compliance test with the procedures in (b)(1)(iii)(A) through (D) of this section. (A) Determine your PM CPMS instrument zero output with one of the following procedures: (1) Zero point data for in-situ instruments should be obtained by removing the instrument from the stack and monitoring ambient air on a test bench. (2) Zero point data for extractive instruments should be obtained by removing the extractive probe from the stack and drawing in clean ambient air. (3) The zero point may also be established by performing manual reference method measurements when the flue gas is free of PM emissions or contains very low PM concentrations (e.g., when your process is not operating, but the fans are operating or your source is combusting only natural gas) and plotting these with the compliance data to find the zero intercept. (4) If none of the steps in paragraphs (b)(1)(iii)(A)(1) through (3) of this section are possible, you must use a zero output value provided by the manufacturer. (B) Determine your PM CPMS instrument average in milliamps or digital equivalent, and the average of your corresponding three PM compliance test runs, using equation 3. [GRAPHIC] [TIFF OMITTED] TR27JY15.013 Where: X1 = The PM CPMS data points for the three runs constituting the performance test. Y1 = The PM concentration value for the three runs constituting the performance test. n = The number of data points. (C) With your instrument zero expressed in milliamps or a digital value, your three run average PM CPMS milliamp or digital signal value, and your three run PM compliance test average, determine a relationship of lb/ton-clinker per milliamp or digital signal value with Equation 4. [GRAPHIC] [TIFF OMITTED] TR27JY15.014 Where: R = The relative lb/ton-clinker per milliamp or digital equivalent for your PM CPMS. Y1 = The three run average lb/ton-clinker PM concentration. X1 = The three run average milliamp or digital equivalent output from your PM CPMS. z = The milliamp or digital equivalent of your instrument zero determined from (b)(1)(iii)(A). * * * * * (D) Determine your source specific 30-day rolling average operating limit using the lb/ton-clinker per milliamp or digital signal value from Equation 4 in Equation 5, below. This sets your operating limit at the PM CPMS output value corresponding to 75 percent of your emission limit. [GRAPHIC] [TIFF OMITTED] TR27JY15.015 Where: * * * * * Ol = The operating limit for your PM CPMS on a 30-day rolling average, in milliamps or the digital equivalent. L = Your source emission limit expressed in lb/ton clinker. z = Your instrument zero in milliamps, or digital equivalent, determined from (b)(1)(iii)(A). R = The relative lb/ton-clinker per milliamp, or digital equivalent, for your PM CPMS, from Equation 4. * * * * * (iv) If the average of your three PM compliance test runs is at or above 75 percent of your PM emission limit you must determine your operating limit by averaging the PM CPMS milliamp or digital equivalent output corresponding to your three PM performance test runs that demonstrate compliance with the emission limit using Equation 6. [GRAPHIC] [TIFF OMITTED] TR27JY15.016 Where: * * * * * X1 = The PM CPMS data points for all runs i. n = The number of data points. Oh = Your site specific operating limit, in milliamps or the digital equivalent. * * * * * [[Page 44783]] (v) To determine continuous operating compliance, you must record the PM CPMS output data for all periods when the process is operating, and use all the PM CPMS data for calculations when the source is not out-of-control. You must demonstrate continuous compliance by using all quality-assured hourly average data collected by the PM CPMS for all operating hours to calculate the arithmetic average operating parameter in units of the operating limit (milliamps or the digital equivalent) on a 30 operating day rolling average basis, updated at the end of each new kiln operating day. Use Equation 7 to determine the 30 kiln operating day average. [GRAPHIC] [TIFF OMITTED] TR27JY15.017 Where: Hpvi = The hourly parameter value for hour i. n = The number of valid hourly parameter values collected over 30 kiln operating days. * * * * * (vi) For each performance test, conduct at least three separate test runs each while the mill is on and the mill is off, under the conditions that exist when the affected source is operating at the level reasonably expected to occur. Conduct each test run to collect a minimum sample volume of 2 dscm for determining compliance with a new source limit and 1 dscm for determining compliance with an existing source limit. Calculate the time weighted average of the results from three consecutive runs, including applicable sources as required by (b)(1)(viii), to determine compliance. You need not determine the particulate matter collected in the impingers (``back half'') of the Method 5 or Method 5I particulate sampling train to demonstrate compliance with the PM standards of this subpart. This shall not preclude the permitting authority from requiring a determination of the ``back half'' for other purposes. (vii) For PM performance test reports used to set a PM CPMS operating limit, the electronic submission of the test report must also include the make and model of the PM CPMS instrument, serial number of the instrument, analytical principle of the instrument (e.g. beta attenuation), span of the instruments primary analytical range, milliamp value or digital equivalent to the instrument zero output, technique by which this zero value was determined, and the average milliamp or digital equivalent signals corresponding to each PM compliance test run. (viii) When there is an alkali bypass and/or an inline coal mill with a separate stack associated with a kiln, the main exhaust and alkali bypass and/or inline coal mill must be tested simultaneously and the combined emission rate of PM from the kiln and alkali bypass and/or inline coal mill must be computed for each run using Equation 8 of this section. [GRAPHIC] [TIFF OMITTED] TR27JY15.018 Where: ECm = Combined hourly emission rate of PM from the kiln and bypass stack and/or inline coal mill, lb/ton of kiln clinker production. EK = Hourly emissions of PM emissions from the kiln, lb. EB = Hourly PM emissions from the alkali bypass stack, lb. EC = Hourly PM emissions from the inline coal mill stack, lb. P = Hourly clinker production, tons. (ix) The owner or operator of a kiln with an in-line raw mill and subject to limitations on PM emissions shall demonstrate initial compliance by conducting separate performance tests while the raw mill is under normal operating conditions and while the raw mill is not operating, and calculate the time weighted average emissions. The operating limit will then be determined using 63.1349(b)(1)(i) of this section. (2) Opacity tests. If you are subject to limitations on opacity under this subpart, you must conduct opacity tests in accordance with Method 9 of appendix A-4 to part 60 of this chapter. The duration of the Method 9 performance test must be 3 hours (30 6-minute averages), except that the duration of the Method 9 performance test may be reduced to 1 hour if the conditions of paragraphs (b)(2)(i) and (ii) of this section apply. For batch processes that are not run for 3-hour periods or longer, compile observations totaling 3 hours when the unit is operating. (i) There are no individual readings greater than 10 percent opacity; (ii) There are no more than three readings of 10 percent for the first 1-hour period. (3) D/F Emissions Tests. If you are subject to limitations on D/F emissions under this subpart, you must conduct a performance test using Method 23 of appendix A-7 to part 60 of this chapter. If your kiln or in-line kiln/raw mill is equipped with an alkali bypass, you must conduct simultaneous performance tests of the kiln or in-line kiln/raw mill exhaust and the alkali bypass. You may conduct a performance test of the alkali bypass exhaust when the raw mill of the in-line kiln/raw mill is operating or not operating. (i) Each performance test must consist of three separate runs conducted under representative conditions. The duration of each run must be at least 3 hours, and the sample volume for each run must be at least 2.5 dscm (90 dscf). (ii) The temperature at the inlet to the kiln or in-line kiln/raw mill PMCD, and, where applicable, the temperature at the inlet to the alkali bypass PMCD must be continuously recorded during the period of the Method 23 test, and the continuous temperature record(s) must be included in the performance test report. (iii) Average temperatures must be calculated for each run of the performance test. (iv) The run average temperature must be calculated for each run, and the average of the run average temperatures must be determined and included in the performance test report and will determine the applicable temperature limit in accordance with Sec. 63.1346(b), footnote 2. (v)(A) If sorbent injection is used for D/F control, you must record the rate of sorbent injection to the kiln exhaust, and where applicable, the rate of sorbent injection to the alkali bypass exhaust, continuously during the period of the Method 23 test in accordance with the conditions in Sec. 63.1350(m)(9), and include the continuous injection rate record(s) in the performance test report. Determine the sorbent injection rate parameters in accordance with paragraph (b)(3)(vi) of this section. (B) Include the brand and type of sorbent used during the performance test in the performance test report. (C) Maintain a continuous record of either the carrier gas flow rate or the carrier gas pressure drop for the duration of the performance test. If the carrier gas flow rate is used, determine, [[Page 44784]] record, and maintain a record of the accuracy of the carrier gas flow rate monitoring system according to the procedures in appendix A to part 75 of this chapter. If the carrier gas pressure drop is used, determine, record, and maintain a record of the accuracy of the carrier gas pressure drop monitoring system according to the procedures in Sec. 63.1350(m)(6). (vi) Calculate the run average sorbent injection rate for each run and determine and include the average of the run average injection rates in the performance test report and determine the applicable injection rate limit in accordance with Sec. 63.1346(c)(1). (4) THC emissions test. (i) If you are subject to limitations on THC emissions, you must operate a CEMS in accordance with the requirements in Sec. 63.1350(i). For the purposes of conducting the accuracy and quality assurance evaluations for CEMS, the THC span value (as propane) is 50 ppmvd and the reference method (RM) is Method 25A of appendix A to part 60 of this chapter. (ii) Use the THC CEMS to conduct the initial compliance test for the first 30 kiln operating days of kiln operation after the compliance date of the rule. See Sec. 63.1348(a). (iii) If kiln gases are diverted through an alkali bypass or to a coal mill and exhausted through a separate stack, you must calculate a kiln-specific THC limit using Equation 9: [GRAPHIC] [TIFF OMITTED] TR27JY15.019 Where: Cks = Kiln stack concentration (ppmvd). Qab = Alkali bypass flow rate (volume/hr). Cab = Alkali bypass concentration (ppmvd). Qcm = Coal mill flow rate (volume/hr). Ccm = Coal mill concentration (ppmvd). Qks = Kiln stack flow rate (volume/hr). (iv) THC must be measured either upstream of the coal mill or the coal mill stack. (v) Instead of conducting the performance test specified in paragraph (b)(4)of this section, you may conduct a performance test to determine emissions of total organic HAP by following the procedures in paragraph (b)(7) of this section. (5) Mercury Emissions Tests. If you are subject to limitations on mercury emissions, you must operate a mercury CEMS or a sorbent trap monitoring system in accordance with the requirements of Sec. 63.1350(k). The initial compliance test must be based on the first 30 kiln operating days in which the affected source operates using a mercury CEMS or a sorbent trap monitoring system after the compliance date of the rule. See Sec. 63.1348(a). (i) If you are using a mercury CEMS or a sorbent trap monitoring system, you must install, operate, calibrate, and maintain an instrument for continuously measuring and recording the exhaust gas flow rate to the atmosphere according to the requirements in Sec. 63.1350(k)(5). (ii) Calculate the emission rate using Equation 10 of this section: [GRAPHIC] [TIFF OMITTED] TR27JY15.020 Where: E30D = 30-day rolling emission rate of mercury, lb/MM tons clinker. Ci = Concentration of mercury for operating hour i, [micro]g/scm. Qi = Volumetric flow rate of effluent gas for operating hour i, where Ci and Qi are on the same basis (either wet or dry), scm/hr. k = Conversion factor, 1 lb/454,000,000 [micro]g. n = Number of kiln operating hours in the previous 30 kiln operating day period where both C and Qi qualified data are available. P = Total runs from the previous 30 days of clinker production during the same time period as the mercury emissions measured, million tons. (6) HCl emissions tests. For a source subject to limitations on HCl emissions you must conduct performance testing by one of the following methods: (i)(A) If the source is equipped with a wet scrubber, tray tower or dry scrubber, you must conduct performance testing using Method 321 of appendix A to this part unless you have installed a CEMS that meets the requirements Sec. 63.1350(l)(1). For kilns with inline raw mills, testing should be conducted for the raw mill on and raw mill off conditions. (B) You must establish site specific parameter limits by using the CPMS required in Sec. 63.1350(l)(1). For a wet scrubber or tray tower, measure and record the pressure drop across the scrubber and/or liquid flow rate and pH in intervals of no more than 15 minutes during the HCl test. Compute and record the 24-hour average pressure drop, pH, and average scrubber water flow rate for each sampling run in which the applicable emissions limit is met. For a dry scrubber, measure and record the sorbent injection rate in intervals of no more than 15 minutes during the HCl test. Compute and record the 24-hour average sorbent injection rate and average sorbent injection rate for each sampling run in which the applicable emissions limit is met. (ii)(A) If the source is not controlled by a wet scrubber, tray tower or dry sorbent injection system, you must operate a CEMS in accordance with the requirements of Sec. 63.1350(l)(1). See Sec. 63.1348(a). (B) The initial compliance test must be based on the 30 kiln operating days that occur after the compliance date of this rule in which the affected source operates using an HCl CEMS. Hourly HCl concentration data must be obtained according to Sec. 63.1350(l). (iii) As an alternative to paragraph (b)(6)(i)(B) of this section, you may choose to monitor SO2 emissions using a CEMS in accordance with the requirements of Sec. 63.1350(l)(3). You must establish an SO2 operating limit equal to the average recorded during the HCl stack test where the HCl stack test run result demonstrates compliance with the emission limit. This operating limit will apply only for demonstrating HCl compliance. (iv) If kiln gases are diverted through an alkali bypass or to a coal mill and exhausted through a separate stack, you must calculate a kiln-specific HCl limit using Equation 11: [GRAPHIC] [TIFF OMITTED] TR27JY15.021 Where: Cks = Kiln stack concentration (ppmvd). Qab = Alkali bypass flow rate (volume/hr). [[Page 44785]] Cab = Alkali bypass concentration (ppmvd). Qcm = Coal mill flow rate (volume/hr). Ccm = Coal mill concentration (ppmvd). Qks = Kiln stack flow rate (volume/hr). (7) Total Organic HAP Emissions Tests. Instead of conducting the performance test specified in paragraph (b)(4) of this section, you may conduct a performance test to determine emissions of total organic HAP by following the procedures in paragraphs (b)(7)(i) through (v) of this section. (i) Use Method 320 of appendix A to this part, Method 18 of Appendix A of part 60, ASTM D6348-03 or a combination to determine emissions of total organic HAP. Each performance test must consist of three separate runs under the conditions that exist when the affected source is operating at the representative performance conditions in accordance with Sec. 63.7(e). Each run must be conducted for at least 1 hour. (ii) At the same time that you are conducting the performance test for total organic HAP, you must also determine a site-specific THC emissions limit by operating a THC CEMS in accordance with the requirements of Sec. 63.1350(j). The duration of the performance test must be at least 3 hours and the average THC concentration (as calculated from the recorded output) during the 3-hour test must be calculated. You must establish your THC operating limit and determine compliance with it according to paragraphs (b)(7)(vii) and (viii) of this section. It is permissible to extend the testing time of the organic HAP performance test if you believe extended testing is required to adequately capture organic HAP and/or THC variability over time. (iii) If your source has an in-line kiln/raw mill you must use the fraction of time the raw mill is on and the fraction of time that the raw mill is off and calculate this limit as a weighted average of the THC levels measured during three raw mill on and three raw mill off tests. (iv) If your organic HAP emissions are below 75 percent of the organic HAP standard and you determine your operating limit with paragraph (b)(7)(vii) of this section your THC CEMS must be calibrated and operated on a measurement scale no greater than 180 ppmvw, as carbon, or 60 ppmvw as propane. (v) If your kiln has an inline coal mill and/or an alkali bypass with separate stacks, you are required to measure and account for oHAP emissions from their separate stacks. You are required to measure oHAP at the coal mill inlet, and you must also measure oHAP at the alkali bypass outlet. You must then calculate a flow weighted average oHAP concentration for all emission sources including the inline coal mill and the alkali bypass. (vi) Your THC CEMS measurement scale must be capable of reading THC concentrations from zero to a level equivalent to two times your highest THC emissions average determined during your performance test, including mill on or mill off operation. Note: This may require the use of a dual range instrument to meet this requirement and paragraph (b)(7)(iv) of this section. (vii) Determine your operating limit as specified in paragraphs (b)(7)(viii) and (ix) of this section. If your organic HAP performance test demonstrates your average organic HAP emission levels are below 75 percent of your emission limit (9 ppmv) you will use the average THC value recorded during the organic HAP performance test, and the average total organic HAP result of your performance test to establish your operating limit. If your organic HAP compliance test results demonstrate that your average organic HAP emission levels are at or above 75 percent of your emission limit, your operating limit is established as the average THC value recorded during the organic HAP performance test. You must establish a new operating limit after each performance test. You must repeat the performance test no later than 30 months following your last performance test and reassess and adjust the site-specific operating limit in accordance with the results of the performance test. (viii) If the average organic HAP results for your three Method 18 and/or Method 320 performance test runs are below 75 percent of your organic HAP emission limit, you must calculate an operating limit by establishing a relationship of THC CEMS signal to the organic HAP concentration using the average THC CEMS value corresponding to the three organic HAP compliance test runs and the average organic HAP total concentration from the Method 18 and/or Method 320 performance test runs with the procedures in (b)(7)(viii)(A) and (B) of this section. (A) Determine the THC CEMS average values in ppmvw, and the average of your corresponding three total organic HAP compliance test runs, using Equation 12. [GRAPHIC] [TIFF OMITTED] TR27JY15.022 Where: x = The THC CEMS average values in ppmvw. Xi = The THC CEMS data points for all three runs i. Yi = The sum of organic HAP concentrations for test runs i. and n = The number of data points. (B) You must use your three run average THC CEMS value and your three run average organic HAP concentration from your three Method 18 and/or Method 320 compliance tests to determine the operating limit. Use equation 13 to determine your operating limit in units of ppmvw THC, as propane. [GRAPHIC] [TIFF OMITTED] TR27JY15.023 Where: Tl = The 30-day operating limit for your THC CEMS, ppmvw. Y1 = The average organic HAP concentration from Eq. 12, ppmvd. X1 = The average THC CEMS concentration from Eq. 12, ppmvw. (ix) If the average of your three organic HAP performance test runs is at or above 75 percent of your organic HAP emission limit, you must determine your operating limit using Equation 14 by averaging the THC CEMS output values corresponding to your three organic HAP performance test runs that demonstrate compliance with the emission limit. If your new THC CEMS value is below your current operating limit, you may opt to retain your current operating limit, but you must still submit all performance test and THC CEMS data according to the reporting requirements in paragraph (d)(1) of this section. [[Page 44786]] [GRAPHIC] [TIFF OMITTED] TR27JY15.024 Where: X1 = The THC CEMS data points for all runs i. n = The number of data points. Th = Your site specific operating limit, in ppmvw THC. (x) If your kiln has an inline kiln/raw mill, you must conduct separate performance tests while the raw mill is operating (``mill on'') and while the raw mill is not operating (``mill off''). Using the fraction of time the raw mill is on and the fraction of time that the raw mill is off, calculate this limit as a weighted average of the THC levels measured during raw mill on and raw mill off compliance testing with Equation 15. [GRAPHIC] [TIFF OMITTED] TR27JY15.025 Where: R = Operating limit as THC, ppmvw. y = Average THC CEMS value during mill on operations, ppmvw. t = Percentage of operating time with mill on. x = Average THC CEMS value during mill off operations, ppmvw. (1-t) = Percentage of operating time with mill off. (xi) To determine continuous compliance with the THC operating limit, you must record the THC CEMS output data for all periods when the process is operating and the THC CEMS is not out-of-control. You must demonstrate continuous compliance by using all quality-assured hourly average data collected by the THC CEMS for all operating hours to calculate the arithmetic average operating parameter in units of the operating limit (ppmvw) on a 30 operating day rolling average basis, updated at the end of each new kiln operating day. Use Equation 16 to determine the 30 kiln operating day average. [GRAPHIC] [TIFF OMITTED] TR27JY15.026 Where: Hpvi = The hourly parameter value for hour i, ppmvw. n = The number of valid hourly parameter values collected over 30 kiln operating days. (xii) Use EPA Method 18 or Method 320 of appendix A to part 60 of this chapter to determine organic HAP emissions. For each performance test, conduct at least three separate runs under the conditions that exist when the affected source is operating at the level reasonably expected to occur. If your source has an in-line kiln/raw mill you must conduct three separate test runs with the raw mill on, and three separate runs under the conditions that exist when the affected source is operating at the level reasonably expected to occur with the mill off. Conduct each Method 18 test run to collect a minimum target sample equivalent to three times the method detection limit. Calculate the average of the results from three runs to determine compliance. (xiii) If the THC level exceeds by 10 percent or more your site- specific THC emissions limit, you must (A) As soon as possible but no later than 30 days after the exceedance, conduct an inspection and take corrective action to return the THC CEMS measurements to within the established value; and (B) Within 90 days of the exceedance or at the time of the 30 month compliance test, whichever comes first, conduct another performance test to determine compliance with the organic HAP limit and to verify or re-establish your site-specific THC emissions limit. (8) HCl Emissions Tests with SO2 Monitoring. If you choose to monitor SO2 emissions using a CEMS to demonstrate HCl compliance, follow the procedures in (b)(8)(i) through (ix) of this section and in accordance with the requirements of Sec. 63.1350(l)(3). You must establish an SO2 operating limit equal to the average recorded during the HCl stack test. This operating limit will apply only for demonstrating HCl compliance. (i) Use Method 321 of appendix A to this part to determine emissions of HCl. Each performance test must consist of three separate runs under the conditions that exist when the affected source is operating at the representative performance conditions in accordance with Sec. 63.7(e). Each run must be conducted for at least one hour. (ii) At the same time that you are conducting the performance test for HCl, you must also determine a site-specific SO2 emissions limit by operating an SO2 CEMS in accordance with the requirements of Sec. 63.1350(l). The duration of the performance test must be three hours and the average SO2 concentration (as calculated from the average output) during the 3-hour test must be calculated. You must establish your SO2 operating limit and determine compliance with it according to paragraphs (b)(8)(vii) and (viii) of this section. (iii) If your source has an in-line kiln/raw mill you must use the fraction of time the raw mill is on and the fraction of time that the raw mill is off and calculate this limit as a weighted average of the SO2 levels measured during raw mill on and raw mill off testing. (iv) Your SO2 CEMS must be calibrated and operated according to the requirements of Sec. 60.63(f). (v) Your SO2 CEMS measurement scale must be capable of reading SO2 concentrations consistent with the requirements of Sec. 60.63(f), including mill on or mill off operation. (vi) If your kiln has an inline kiln/raw mill, you must conduct separate performance tests while the raw mill is operating (``mill on'') and while the raw mill is not operating (``mill off''). Using the fraction of time the raw mill is on and the fraction of time that the raw mill is off, calculate this limit as a weighted average of the HCl levels measured during raw mill on and raw mill off compliance testing with Equation 17. [[Page 44787]] [GRAPHIC] [TIFF OMITTED] TR27JY15.027 Where: R = Operating limit as SO2 , ppmvw. y = Average SO2 CEMS value during mill on operations, ppmvw. t = Percentage of operating time with mill on, expressed as a decimal. x = Average SO2 CEMS value during mill off operations, ppmvw. t-1 = Percentage of operating time with mill off, expressed as a decimal. (vii) If the average of your three HCl compliance test runs is below 75 percent of your HCl emission limit, you may as a compliance alternative, calculate an operating limit by establishing a relationship of SO2 CEMS signal to your HCl concentration corrected to 7 percent O2 by using the SO2 CEMS instrument zero, the average SO2 CEMS values corresponding to the three compliance test runs, and the average HCl concentration from the HCl compliance test with the procedures in (b)(8)(vii)(A) through (D) of this section. (A) Determine your SO2 CEMS instrument zero output with one of the following procedures: (1) Zero point data for in-situ instruments should be obtained by removing the instrument from the stack and monitoring ambient air on a test bench. (2) Zero point data for extractive instruments may be obtained by removing the extractive probe from the stack and drawing in clean ambient air. (3) The zero point may also be established by performing probe- flood introduction of high purity nitrogen or certified zero air free of SO2. (4) If none of the steps in paragraphs (b)(8)(vii)(A)(1) through (3) of this section are possible, you must use a zero output value provided by the manufacturer. (B) Determine your SO2 CEMS instrument average ppm, and the average of your corresponding three HCl compliance test runs, using equation 18. [GRAPHIC] [TIFF OMITTED] TR27JY15.028 Where: X1 = The SO2 CEMS data points for the three runs constituting the performance test. Y1 = The HCl emission concentration expressed as ppmv corrected to 7 percent O2 for the three runs constituting the performance test. n = The number of data points. (C) With your instrument zero expressed in ppmv, your three run average SO2 CEMS expressed in ppmv, and your three run HCl compliance test average in ppm corrected to 7 percent O2 , determine a relationship of ppm HCl corrected to 7 percent O2 per ppm SO2 with Equation 19. [GRAPHIC] [TIFF OMITTED] TR27JY15.029 Where: R = The relative HCl ppmv corrected to 7 percent O2 per ppm SO2 for your SO2 CEMS. Y1 = The three run average HCl concentration corrected to 7 percent O2 . X1 = The three run average ppm recorded by your SO2 CEMS. z = The instrument zero output ppm value. (D) Determine your source specific 30-day rolling average operating limit using ppm HCl corrected to 7 percent O2 per ppm SO2 value from Equation 19 in Equation 20, below. This sets your operating limit at the SO2 CEMS ppm value corresponding to 75 percent of your emission limit. [GRAPHIC] [TIFF OMITTED] TR27JY15.030 Where: Ol = The operating limit for your SO2 CEMS on a 30-day rolling average, in ppmv. L = Your source HCl emission limit expressed in ppmv corrected to 7 percent O2 . z = Your instrument zero in ppmv, determined from (1)(i). R = The relative oxygen corrected ppmv HCl per ppmv SO2 , for your SO2 CEMS, from Equation 19. (viii) To determine continuous compliance with the SO2 operating limit, you must record the SO2 CEMS output data for all periods when the process is operating and the SO2 CEMS is not out-of-control. You must demonstrate continuous compliance by using all quality-assured hourly average data collected by the SO2 CEMS for all operating hours to calculate the arithmetic average operating parameter in units of the operating limit (ppmvw) on a 30 operating day rolling average basis, updated at the end of each new kiln operating day. Use Equation 21 to determine the 30 kiln operating day average. [GRAPHIC] [TIFF OMITTED] TR27JY15.031 [[Page 44788]] Where: Hpvi = The hourly parameter value for hour i, ppmvw. n = The number of valid hourly parameter values collected over 30 kiln operating days. (ix) Use EPA Method 321 of appendix A to part 60 of this chapter to determine HCl emissions. For each performance test, conduct at least three separate runs under the conditions that exist when the affected source is operating at the level reasonably expected to occur. If your source has an in-line kiln/raw mill you must conduct three separate test runs with the raw mill on, and three separate runs under the conditions that exist when the affected source is operating at the level reasonably expected to occur with the mill off. (x) If the SO2 level exceeds by 10 percent or more your site-specific SO2 emissions limit, you must: (A) As soon as possible but no later than 30 days after the exceedance, conduct an inspection and take corrective action to return the SO2 CEMS measurements to within the established value; (B) Within 90 days of the exceedance or at the time of the periodic compliance test, whichever comes first, conduct another performance test to determine compliance with the HCl limit and to verify or re- establish your site-specific SO2 emissions limit. (c) Performance test frequency. Except as provided in Sec. 63.1348(b), performance tests are required at regular intervals for affected sources that are subject to a dioxin, organic HAP or HCl emissions limit. Performance tests required every 30 months must be completed between 29 and 31 calendar months after the previous performance test except where that specific pollutant is monitored using CEMS; performance tests required every 12 months must be completed within 11 to 13 calendar months after the previous performance test. * * * * * (d) * * * (1) * * * (ii) The values for the site-specific operating limits or parameters established pursuant to paragraphs (b)(1), (3), (6), (7), and (8) of this section, as applicable, and a description, including sample calculations, of how the operating parameters were established during the initial performance test. * * * * * 0 14. Section 63.1350 is amended by: 0 a. Removing and reserving paragraph (a)(2). 0 b. Revising paragraphs (i)(1) and (2), (j), (k)(2) introductory text, and (k)(2)(ii). 0 c. Adding paragraph (k)(2)(iii). 0 d. Revising paragraphs (k)(5)(i) and (iv), (l), (n) introductory text, (n)(1) and (4), (o) introductory text, and (o)(3) introductory text. The revisions and additions read as follows: Sec. 63.1350 Monitoring requirements. * * * * * (i) * * * (1) You must install, operate, and maintain a THC continuous emission monitoring system in accordance with Performance Specification 8 or Performance Specification 8A of appendix B to part 60 of this chapter and comply with all of the requirements for continuous monitoring systems found in the general provisions, subpart A of this part. The owner or operator must operate and maintain each CEMS according to the quality assurance requirements in Procedure 1 of appendix F in part 60 of this chapter. For THC continuous emission monitoring systems certified under Performance Specification 8A, conduct the relative accuracy test audits required under Procedure 1 in accordance with Performance Specification 8, Sections 8 and 11 using Method 25A in appendix A to 40 CFR part 60 as the reference method; the relative accuracy must meet the criteria of Performance Specification 8, Section 13.2. (2) Performance tests on alkali bypass and coal mill stacks must be conducted using Method 25A in appendix A to 40 CFR part 60 and repeated every 30 months. (j) Total organic HAP monitoring requirements. If you are complying with the total organic HAP emissions limits, you must continuously monitor THC according to paragraph (i)(1) and (2) of this section or in accordance with Performance Specification 8 or Performance Specification 8A of appendix B to part 60 of this chapter and comply with all of the requirements for continuous monitoring systems found in the general provisions, subpart A of this part. You must operate and maintain each CEMS according to the quality assurance requirements in Procedure 1 of appendix F in part 60 of this chapter. In addition, your must follow the monitoring requirements in paragraphs (m)(1) through (4) of this section. You must also develop an emissions monitoring plan in accordance with paragraphs (p)(1) through (4) of this section. (k) * * * (2) In order to quality assure data measured above the span value, you must use one of the three options in paragraphs (k)(2)(i) through (iii) of this section. Where the options in paragraphs (k)(2)(i) through (iii) are employed while the kiln is operating in a mill-off mode, the ``above span'' described in paragraph (k)(2)(iii) may substitute for the daily upscale calibration provided the data normalization process in paragraph (k)(2)(iii) are not required. If data normalization is required, the normal daily upscale calibration check must be performed to quality assure the operation of the CEMS for that day. In this particular case, adjustments to CEMS normally required by Procedure 5 when a daily upscale does not meet the 5 percent criterion are not required, unless paragraph (k)(2)(iii) of this section data normalization is necessary and a subsequent normal daily calibration check demonstrates the need for such adjustment. * * * * * (ii) Quality assure any data above the span value by proving instrument linearity beyond the span value established in paragraph (k)(1) of this section using the following procedure. Conduct a weekly ``above span linearity'' calibration challenge of the monitoring system using a reference gas with a certified value greater than your highest expected hourly concentration or greater than 75 percent of the highest measured hourly concentration. The ``above span'' reference gas must meet the requirements of PS 12A, Section 7.1 and must be introduced to the measurement system at the probe. Record and report the results of this procedure as you would for a daily calibration. The ``above span linearity'' challenge is successful if the value measured by the Hg CEMS falls within 10 percent of the certified value of the reference gas. If the value measured by the Hg CEMS during the above span linearity challenge exceeds +/-10 percent of the certified value of the reference gas, the monitoring system must be evaluated and repaired and a new ``above span linearity'' challenge met before returning the Hg CEMS to service, or data above span from the Hg CEMS must be subject to the quality assurance procedures established in paragraph (k)(2)(iii) of this section. In this manner values measured by the Hg CEMS during the above span linearity challenge exceeding +/-20 percent of the certified value of the reference gas must be normalized using Equation 22. (iii) Quality assure any data above the span value established in paragraph (k)(1) of this section using the following procedure. Any time two consecutive one-hour average measured concentrations of Hg exceeds the span [[Page 44789]] value you must, within 24 hours before or after, introduce a higher, ``above span'' Hg reference gas standard to the Hg CEMS. The ``above span'' reference gas must meet the requirements of PS 12A, Section 7.1, must target a concentration level between 50 and 150 percent of the highest expected hourly concentration measured during the period of measurements above span, and must be introduced at the probe. While this target represents a desired concentration range that is not always achievable in practice, it is expected that the intent to meet this range is demonstrated by the value of the reference gas. Expected values may include ``above span'' calibrations done before or after the above span measurement period. Record and report the results of this procedure as you would for a daily calibration. The ``above span'' calibration is successful if the value measured by the Hg CEMS is within 20 percent of the certified value of the reference gas. If the value measured by the Hg CEMS exceeds 20 percent of the certified value of the reference gas, then you must normalize the one-hour average stack gas values measured above the span during the 24-hour period preceding or following the ``above span'' calibration for reporting based on the Hg CEMS response to the reference gas as shown in equation 22: [GRAPHIC] [TIFF OMITTED] TR27JY15.032 Only one ``above span'' calibration is needed per 24 hour period. If the ``above span'' calibration is conducted during the period when measured emissions are above span and there is a failure to collect at least one valid data point in an hour due to the calibration duration, then you must determine the emissions average for that missed hour as the average of hourly averages for the hour preceding the missed hour and the hour following the missed hour. In an hour where an ``above span'' calibration is being conducted and one or more data points are collected, the emissions average is represented by the average of all valid data points collected in that hour. * * * * * (5) * * * (i) Develop a mercury hourly mass emissions rate by conducting performance tests annually, within 11 to 13 calendar months after the previous performance test, using Method 29, or Method 30B, to measure the concentration of mercury in the gases exhausted from the alkali bypass and coal mill. * * * * * (iv) If mercury emissions from the coal mill and alkali bypass are below the method detection limit for two consecutive annual performance tests, you may reduce the frequency of the performance tests of coal mills and alkali bypasses to once every 30 months. If the measured mercury concentration exceeds the method detection limit, you must revert to testing annually until two consecutive annual tests are below the method detection limit. * * * * * (l) HCl Monitoring Requirements. If you are subject to an emissions limitation on HCl emissions in Sec. 63.1343, you must monitor HCl emissions continuously according to paragraph (l)(1) or (2) and paragraphs (m)(1) through (4) of this section or, if your kiln is controlled using a wet or dry scrubber or tray tower, you alternatively may parametrically monitor SO2 emissions continuously according to paragraph (l)(3) of this section. You must also develop an emissions monitoring plan in accordance with paragraphs (p)(1) through (4) of this section. (1) If you monitor compliance with the HCl emissions limit by operating an HCl CEMS, you must do so in accordance with Performance Specification 15 (PS 15) of appendix B to part 60 of this chapter, or, upon promulgation, in accordance with any other performance specification for HCl CEMS in appendix B to part 60 of this chapter. You must operate, maintain, and quality assure a HCl CEMS installed and certified under PS 15 according to the quality assurance requirements in Procedure 1 of appendix F to part 60 of this chapter except that the Relative Accuracy Test Audit requirements of Procedure 1 must be replaced with the validation requirements and criteria of sections 11.1.1 and 12.0 of PS 15. When promulgated, if you choose to install and operate an HCl CEMS in accordance with PS 18 of appendix B to part 60 of this chapter, you must operate, maintain and quality assure the HCl CEMS using the associated Procedure 6 of appendix F to part 60 of this chapter. For any performance specification that you use, you must use Method 321 of appendix A to part 63 of this chapter as the reference test method for conducting relative accuracy testing. The span value and calibration requirements in paragraphs (l)(1)(i) and (ii) of this section apply to all HCl CEMS used under this subpart. (i) You must use a measurement span value for any HCl CEMS of 0-10 ppmvw unless the monitor is installed on a kiln without an inline raw mill. Kilns without an inline raw mill may use a higher span value sufficient to quantify all expected emissions concentrations. The HCl CEMS data recorder output range must include the full range of expected HCl concentration values which would include those expected during ``mill off'' conditions. The corresponding data recorder range shall be documented in the site-specific monitoring plan and associated records. (ii) In order to quality assure data measured above the span value, you must use one of the three options in paragraphs (l)(1)(ii)(A) through (C) of this section. (A) Include a second span that encompasses the HCl emission concentrations expected to be encountered during ``mill off'' conditions. This second span may be rounded to a multiple of 5 ppm of total HCl. The requirements of the appropriate HCl monitor performance specification shall be followed for this second span with the exception that a RATA with the mill off is not required. (B) Quality assure any data above the span value by proving instrument linearity beyond the span value established in paragraph (l)(1)(i) of this section using the following procedure. Conduct a weekly ``above span linearity'' calibration challenge of the monitoring system using a reference gas with a certified value greater than your highest expected hourly concentration or greater than 75 percent of the highest measured hourly concentration. The ``above span'' reference gas must meet the requirements of the applicable performance specification and must be introduced to the measurement system at the probe. Record and report the results of this procedure as you would for a daily calibration. The ``above span [[Page 44790]] linearity'' challenge is successful if the value measured by the HCl CEMS falls within 10 percent of the certified value of the reference gas. If the value measured by the HCl CEMS during the above span linearity challenge exceeds 10 percent of the certified value of the reference gas, the monitoring system must be evaluated and repaired and a new ``above span linearity'' challenge met before returning the HCl CEMS to service, or data above span from the HCl CEMS must be subject to the quality assurance procedures established in paragraph (l)(1)(ii)(D) of this section. Any HCl CEMS above span linearity challenge exceeding +/-20 percent of the certified value of the reference gas requires that all above span data must be normalized using Equation 23. (C) Quality assure any data above the span value established in paragraph (l)(1)(i) of this section using the following procedure. Any time two consecutive one-hour average measured concentration of HCl exceeds the span value you must, within 24 hours before or after, introduce a higher, ``above span'' HCl reference gas standard to the HCl CEMS. The ``above span'' reference gas must meet the requirements of the applicable performance specification and target a concentration level between 50 and 150 percent of the highest expected hourly concentration measured during the period of measurements above span, and must be introduced at the probe. While this target represents a desired concentration range that is not always achievable in practice, it is expected that the intent to meet this range is demonstrated by the value of the reference gas. Expected values may include above span calibrations done before or after the above-span measurement period. Record and report the results of this procedure as you would for a daily calibration. The ``above span'' calibration is successful if the value measured by the HCl CEMS is within 20 percent of the certified value of the reference gas. If the value measured by the HCl CEMS is not within 20 percent of the certified value of the reference gas, then you must normalize the stack gas values measured above span as described in paragraph (l)(1)(ii)(D) of this section. If the ``above span'' calibration is conducted during the period when measured emissions are above span and there is a failure to collect at least one valid data point in an hour due to the calibration duration, then you must determine the emissions average for that missed hour as the average of hourly averages for the hour preceding the missed hour and the hour following the missed hour. In an hour where an ``above span'' calibration is being conducted and one or more data points are collected, the emissions average is represented by the average of all valid data points collected in that hour. (D) In the event that the ``above span'' calibration is not successful (i.e., the HCl CEMS measured value is not within 20 percent of the certified value of the reference gas), then you must normalize the one-hour average stack gas values measured above the span during the 24-hour period preceding or following the `above span' calibration for reporting based on the HCl CEMS response to the reference gas as shown in Equation 23: [GRAPHIC] [TIFF OMITTED] TR27JY15.033 Only one ``above span'' calibration is needed per 24-hour period. (2) Install, operate, and maintain a CMS to monitor wet scrubber or tray tower parameters, as specified in paragraphs (m)(5) and (7) of this section, and dry scrubber, as specified in paragraph (m)(9) of this section. (3) If the source is equipped with a wet or dry scrubber or tray tower, and you choose to monitor SO2 emissions, monitor SO2 emissions continuously according to the requirements of Sec. 60.63(e) and (f) of part 60 subpart F of this chapter. If SO2 levels increase above the 30-day rolling average SO2 operating limit established during your performance test, you must: (i) As soon as possible but no later than 48 hours after you exceed the established SO2 value conduct an inspection and take corrective action to return the SO2 emissions to within the operating limit; and (ii) Within 60 days of the exceedance or at the time of the next compliance test, whichever comes first, conduct an HCl emissions compliance test to determine compliance with the HCl emissions limit and to verify or re-establish the SO2 CEMS operating limit. * * * * * (n) Continuous Flow Rate Monitoring System. You must install, operate, calibrate, and maintain instruments, according to the requirements in paragraphs (n)(1) through (10) of this section, for continuously measuring and recording the stack gas flow rate to allow determination of the pollutant mass emissions rate to the atmosphere from sources subject to an emissions limitation that has a pounds per ton of clinker unit and that is required to be monitored by a CEMS. (1) You must install each sensor of the flow rate monitoring system in a location that provides representative measurement of the exhaust gas flow rate at the sampling location of the mercury CEMS, taking into account the manufacturer's recommendations. The flow rate sensor is that portion of the system that senses the volumetric flow rate and generates an output proportional to that flow rate. * * * * * (4) The flow rate monitoring system must be equipped with a data acquisition and recording system that is capable of recording values over the entire range specified in paragraph (n)(2) of this section. * * * * * (o) Alternate monitoring requirements approval. You may submit an application to the Administrator for approval of alternate monitoring requirements to demonstrate compliance with the emission standards of this subpart subject to the provisions of paragraphs (o)(1) through (6) of this section. * * * * * (3) You must submit the application for approval of alternate monitoring requirements no later than the notification of performance test. The application must contain the information specified in paragraphs (o)(3)(i) through (iii) of this section: * * * * * 0 15. 63.1354 is amended by revising paragraphs (b)(9) introductory text through (b)(9)(vi) and adding paragraphs (b)(9)(viii) through (x) to read as follows: Sec. 63.1354 Reporting requirements. * * * * * (b) * * * [[Page 44791]] (9) The owner or operator shall submit a summary report semiannually to the EPA via the Compliance and Emissions Data Reporting Interface (CEDRI). (CEDRI can be accessed through the EPA's Central Data Exchange (CDX) (www.epa.gov/cdx).) You must use the appropriate electronic report in CEDRI for this subpart. Instead of using the electronic report in CEDRI for this subpart, you may submit an alternate electronic file consistent with the extensible markup language (XML) schema listed on the CEDRI Web site (http://www.epa.gov/ttn/chief/cedri/index.html), once the XML schema is available. If the reporting form specific to this subpart is not available in CEDRI at the time that the report is due, you must submit the report the Administrator at the appropriate address listed in Sec. 63.13. You must begin submitting reports via CEDRI no later than 90 days after the form becomes available in CEDRI. The reports must be submitted by the deadline specified in this subpart, regardless of the method in which the reports are submitted. The report must contain the information specified in Sec. 63.10(e)(3)(vi). In addition, the summary report shall include: (i) All exceedances of maximum control device inlet gas temperature limits specified in Sec. 63.1346(a) and (b); (ii) Notification of any failure to calibrate thermocouples and other temperature sensors as required under Sec. 63.1350(g)(1)(iii) of this subpart; and (iii) Notification of any failure to maintain the activated carbon injection rate, and the activated carbon injection carrier gas flow rate or pressure drop, as applicable, as required under Sec. 63.1346(c)(2). (iv) Notification of failure to conduct any combustion system component inspections conducted within the reporting period as required under Sec. 63.1347(a)(3). (v) Any and all failures to comply with any provision of the operation and maintenance plan developed in accordance with Sec. 63.1347(a). (vi) For each PM CPMS, HCl, Hg, and THC CEMS, D/F temperature monitoring system, or Hg sorbent trap monitoring system, within 60 days after the reporting periods, you must report all of the calculated 30- operating day rolling average values derived from the CPMS, CEMS, CMS, or Hg sorbent trap monitoring systems. * * * * * (viii) Within 60 days after the date of completing each CEMS performance evaluation test as defined in Sec. 63.2, you must submit relative accuracy test audit (RATA) data to the EPA's CDX by using CEDRI in accordance with paragraph (b)(9) of this section. Only RATA pollutants that can be documented with the ERT (as listed on the ERT Web site) are subject to this requirement. For any performance evaluations with no corresponding RATA pollutants listed on the ERT Web site, you must submit the results of the performance evaluation to the Administrator at the appropriate address listed in Sec. 63.13. (ix) For PM performance test reports used to set a PM CPMS operating limit, the electronic submission of the test report must also include the make and model of the PM CPMS instrument, serial number of the instrument, analytical principle of the instrument (e.g. beta attenuation), span of the instruments primary analytical range, milliamp value equivalent to the instrument zero output, technique by which this zero value was determined, and the average milliamp signals corresponding to each PM compliance test run. (x) All reports required by this subpart not subject to the requirements in paragraphs (b)(9) introductory text and (b)(9)(viii) of this section must be sent to the Administrator at the appropriate address listed in Sec. 63.13. The Administrator or the delegated authority may request a report in any form suitable for the specific case (e.g., by commonly used electronic media such as Excel spreadsheet, on CD or hard copy). The Administrator retains the right to require submittal of reports subject to paragraph (b)(9) introductory text and (b)(9)(viii) of this section in paper format. * * * * * Sec. 63.1355 [Amended] 0 16. Amend Sec. 63.1355 by removing and reserving paragraph (d). 0 17. Revise Sec. 63.1356 to read as follows: Sec. 63.1356 Sources with multiple emissions limit or monitoring requirements. If you have an affected source subject to this subpart with a different emissions limit or requirement for the same pollutant under another regulation in title 40 of this chapter, once you are in compliance with the most stringent emissions limit or requirement, you are not subject to the less stringent requirement. Until you are in compliance with the more stringent limit, the less stringent limit continues to apply. Sec. 63.1357 [Removed and Reserved] 0 18. Remove and reserve Sec. 63.1357. 0 19. Revise Table 1 to Subpart LLL of Part 63 to read as follows: Table 1 to Subpart LLL of Part 63--Applicability of General Provisions ---------------------------------------------------------------------------------------------------------------- Applies to subpart Citation Requirement LLL Explanation ---------------------------------------------------------------------------------------------------------------- 63.1(a)(1)-(4)................... Applicability.............. Yes................. 63.1(a)(5)....................... ........................... No.................. [Reserved]. 63.1(a)(6)-(8)................... Applicability.............. Yes................. 63.1(a)(9)....................... ........................... No.................. [Reserved]. 63.1(a)(10)-(14)................. Applicability.............. Yes................. 63.1(b)(1)....................... Initial Applicability No.................. Sec. 63.1340 specifies Determination. applicability. 63.1(b)(2)-(3)................... Initial Applicability Yes................. Determination. 63.1(c)(1)....................... Applicability After Yes................. Standard Established. 63.1(c)(2)....................... Permit Requirements........ Yes................. Area sources must obtain Title V permits. 63.1(c)(3)....................... ........................... No.................. [Reserved]. 63.1(c)(4)-(5)................... Extensions, Notifications.. Yes................. 63.1(d).......................... ........................... No.................. [Reserved]. 63.1(e).......................... Applicability of Permit Yes................. Program. 63.2............................. Definitions................ Yes................. Additional definitions in Sec. 63.1341. 63.3(a)-(c)...................... Units and Abbreviations.... Yes................. 63.4(a)(1)-(3)................... Prohibited Activities...... Yes................. 63.4(a)(4)....................... ........................... No.................. [Reserved]. 63.4(a)(5)....................... Compliance date............ Yes................. [[Page 44792]] 63.4(b)-(c)...................... Circumvention, Severability Yes................. 63.5(a)(1)-(2)................... Construction/Reconstruction Yes................. 63.5(b)(1)....................... Compliance Dates........... Yes................. 63.5(b)(2)....................... ........................... No.................. [Reserved]. 63.5(b)(3)-(6)................... Construction Approval, Yes................. Applicability. 63.5(c).......................... ........................... No.................. [Reserved]. 63.5(d)(1)-(4)................... Approval of Construction/ Yes................. Reconstruction. 63.5(e).......................... Approval of Construction/ Yes................. Reconstruction. 63.5(f)(1)-(2)................... Approval of Construction/ Yes................. Reconstruction. 63.6(a).......................... Compliance for Standards Yes................. and Maintenance. 63.6(b)(1)-(5)................... Compliance Dates........... Yes................. 63.6(b)(6)....................... ........................... No.................. [Reserved]. 63.6(b)(7)....................... Compliance Dates........... Yes................. 63.6(c)(1)-(2)................... Compliance Dates........... Yes................. 63.6(c)(3)-(4)................... ........................... No.................. [Reserved]. 63.6(c)(5)....................... Compliance Dates........... Yes................. 63.6(d).......................... ........................... No.................. [Reserved]. 63.6(e)(1)-(2)................... Operation & Maintenance.... No.................. See Sec. 63.1348(d) for general duty requirement. Any reference to Sec. 63.6(e)(1)(i) in other General Provisions or in this subpart is to be treated as a cross- reference to Sec. 63.1348(d). 63.6(e)(3)....................... Startup, Shutdown No.................. Your operations and Malfunction Plan. maintenance plan must address periods of startup and shutdown. See Sec. 63.1347(a)(1). 63.6(f)(1)....................... Compliance with Emission No.................. Compliance obligations Standards. specified in subpart LLL. 63.6(f)(2)-(3)................... Compliance with Emission Yes................. Standards. 63.6(g)(1)-(3)................... Alternative Standard....... Yes................. 63.6(h)(1)....................... Opacity/VE Standards....... No.................. Compliance obligations specified in subpart LLL. 63.6(h)(2)....................... Opacity/VE Standards....... Yes................. 63.6(h)(3)....................... ........................... No.................. [Reserved]. 63.6(h)(4)-(h)(5)(i)............. Opacity/VE Standards....... Yes................. 63.6(h)(5)(ii)-(iv).............. Opacity/VE Standards....... No.................. Test duration specified in subpart LLL. 63.6(h)(6)....................... Opacity/VE Standards....... Yes................. 63.6(h)(7)....................... Opacity/VE Standards....... Yes................. 63.6(i)(1)-(14).................. Extension of Compliance.... Yes................. 63.6(i)(15)...................... ........................... No.................. [Reserved]. 63.6(i)(16)...................... Extension of Compliance.... Yes................. 63.6(j).......................... Exemption from Compliance.. Yes................. 63.7(a)(1)-(3)................... Performance Testing Yes................. Sec. 63.1349 has Requirements. specific requirements. 63.7(b).......................... Notification period........ Yes................. Except for repeat performance test caused by an exceedance. See Sec. 63.1353(b)(6). 63.7(c).......................... Quality Assurance/Test Plan Yes................. 63.7(d).......................... Testing Facilities......... Yes................. 63.7(e)(1)....................... Conduct of Tests........... No.................. See Sec. 63.1349(e). Any reference to 63.7(e)(1) in other General Provisions or in this subpart is to be treated as a cross-reference to Sec. 63.1349(e). 63.7(e)(2)-(4)................... Conduct of tests........... Yes................. 63.7(f).......................... Alternative Test Method.... Yes................. 63.7(g).......................... Data Analysis.............. Yes................. 63.7(h).......................... Waiver of Tests............ Yes................. 63.8(a)(1)....................... Monitoring Requirements.... Yes................. 63.8(a)(2)....................... Monitoring................. No.................. Sec. 63.1350 includes CEMS requirements. 63.8(a)(3)....................... ........................... No.................. [Reserved]. 63.8(a)(4)....................... Monitoring................. No.................. Flares not applicable. 63.8(b)(1)-(3)................... Conduct of Monitoring...... Yes................. 63.8(c)(1)-(8)................... CMS Operation/Maintenance.. Yes................. Temperature and activated carbon injection monitoring data reduction requirements given in subpart LLL. 63.8(d).......................... Quality Control............ Yes, except for the reference to the SSM Plan in the last sentence. 63.8(e).......................... Performance Evaluation for Yes................. CMS. 63.8(f)(1)-(5)................... Alternative Monitoring Yes................. Additional requirements in Method. Sec. 63.1350(l). 63.8(f)(6)....................... Alternative to RATA Test... Yes................. 63.8(g).......................... Data Reduction............. Yes................. [[Page 44793]] 63.9(a).......................... Notification Requirements.. Yes................. 63.9(b)(1)-(5)................... Initial Notifications...... Yes................. 63.9(c).......................... Request for Compliance Yes................. Extension. 63.9(d).......................... New Source Notification for Yes................. Special Compliance Requirements. 63.9(e).......................... Notification of performance Yes................. Except for repeat test. performance test caused by an exceedance. See Sec. 63.1353(b)(6). 63.9(f).......................... Notification of VE/Opacity Yes................. Notification not required Test. for VE/opacity test under Sec. 63.1350(e) and (j). 63.9(g).......................... Additional CMS Yes................. Notifications. 63.9(h)(1)-(3)................... Notification of Compliance Yes................. Status. 63.9(h)(4)....................... ........................... No.................. [Reserved]. 63.9(h)(5)-(6)................... Notification of Compliance Yes................. Status. 63.9(i).......................... Adjustment of Deadlines.... Yes................. 63.9(j).......................... Change in Previous Yes................. Information. 63.10(a)......................... Recordkeeping/Reporting.... Yes................. 63.10(b)(1)...................... General Recordkeeping Yes................. Requirements. 63.10(b)(2)(i)-(ii).............. General Recordkeeping No.................. See Sec. 63.1355(g) and Requirements. (h). 63.10(b)(2)(iii)................. General Recordkeeping Yes................. Requirements. 63.10(b)(2)(iv)-(v).............. General Recordkeeping No.................. Requirements. 63.10(b)(2)(vi)-(ix)............. General Recordkeeping Yes................. Requirements. 63.10(c)(1)...................... Additional CMS Yes................. PS-8A supersedes Recordkeeping. requirements for THC CEMS. 63.10(c)(1)...................... Additional CMS Yes................. PS-8A supersedes Recordkeeping. requirements for THC CEMS. 63.10(c)(2)-(4).................. ........................... No.................. [Reserved]. 63.10(c)(5)-(8).................. Additional CMS Yes................. PS-8A supersedes Recordkeeping. requirements for THC CEMS. 63.10(c)(9)...................... ........................... No.................. [Reserved]. 63.10(c)(10)-(15)................ Additional CMS Yes................. PS-8A supersedes Recordkeeping. requirements for THC CEMS. 63.10(d)(1)...................... General Reporting Yes................. Requirements. 63.10(d)(2)...................... Performance Test Results... Yes................. 63.10(d)(3)...................... Opacity or VE Observations. Yes................. 63.10(d)(4)...................... Progress Reports........... Yes................. 63.10(d)(5)...................... Startup, Shutdown, No.................. See Sec. 63.1354(c) for Malfunction Reports. reporting requirements. Any reference to Sec. 63.10(d)(5) in other General Provisions or in this subpart is to be treated as a cross- reference to Sec. 63.1354(c). 63.10(e)(1)-(2).................. Additional CMS Reports..... Yes................. 63.10(e)(3)...................... Excess Emissions and CMS Yes................. Exceedances are defined in Performance Reports. subpart LLL. 63.10(e)(3)(vii) and (viii)...... Excess Emissions and CMS No.................. Superseded by Performance Reports. 63.1354(b)(10). 63.10(f)......................... Waiver for Recordkeeping/ Yes................. Reporting. 63.11(a)-(b)..................... Control Device Requirements No.................. Flares not applicable. 63.12(a)-(c)..................... State Authority and Yes................. Delegations. 63.13(a)-(c)..................... State/Regional Addresses... Yes................. 63.14(a)-(b)..................... Incorporation by Reference. Yes................. 63.15(a)-(b)..................... Availability of Information Yes................. ---------------------------------------------------------------------------------------------------------------- [FR Doc. 2015-16811 Filed 7-24-15; 8:45 am] BILLING CODE 6560-50-P
![44772 Federal Register / Vol. 80, No. 143 / Monday, July 27, 2015 / Rules and Regulations
ENVIRONMENTAL PROTECTION Number 3334, 1301 Constitution Significantly Affect Energy Supply,
AGENCY Avenue NW., Washington, DC 20004. Distribution or Use
This docket facility is open from 8:30 I. National Technology Transfer and
40 CFR Part 60 and 63 Advancement Act (NTTAA)
a.m. to 4:30 p.m., Monday through
J. Executive Order 12898: Federal Actions
[EPA–HQ–OAR–2011–0817; FRL–9927–62– Friday, excluding legal holidays. The To Address Environmental Justice in
OAR] telephone number for the Public Minority Populations and Low-Income
Reading Room is (202) 566–1744, and Populations
RIN 2060–AQ93 the telephone number for the Air Docket K. Congressional Review Act (CRA)
is (202) 566–1742.
National Emission Standards for I. Preamble Acronyms and
Hazardous Air Pollutants for the FOR FURTHER INFORMATION CONTACT: Ms. Abbreviations
Portland Cement Manufacturing Sharon Nizich, Sector Policies and
Several acronyms and terms are
Industry and Standards of Programs Division (D243–04), Office of
included in this preamble. While this
Performance for Portland Cement Air Quality Planning and Standards,
may not be an exhaustive list, to ease
Plants U.S. Environmental Protection Agency,
the reading of this preamble and for
Research Triangle Park, North Carolina
AGENCY: Environmental Protection reference purposes, the following terms
27711, telephone number: (919) 541–
Agency (EPA). and acronyms are defined here:
2825; facsimile number: (919) 541–5450;
ACTION: Final amendments. email address: nizich.sharon@epa.gov. APCD air pollution control devices
For information about the applicability CAA Clean Air Act
SUMMARY: This action finalizes CEMS continuous emission monitoring
of the NESHAP or NSPS, contact Mr. systems
amendments to the National Emission
Patrick Yellin, Monitoring, Assistance CFR Code of Federal Regulations
Standards for Hazardous Air Pollutants
and Media Programs Division (2227A), EPA Environmental Protection Agency
(NESHAP) for the Portland Cement
Office of Enforcement and Compliance FR Federal Register
Manufacturing Industry and Standards
Assurance, U.S. Environmental Hg mercury
of Performance for Portland Cement HCl hydrogen chloride
Protection Agency, 1200 Pennsylvania
Plants. On February 12, 2013, the NAICS North American Industry
Avenue, Washington, DC 20460;
Environmental Protection Agency (EPA) Classification System
telephone number (202) 564–2970;
finalized amendments to the NESHAP NESHAP National Emissions Standards for
email address yellin.patrick@epa.gov. Hazardous Air Pollutants
and the new source performance
standards (NSPS) for the Portland SUPPLEMENTARY INFORMATION: NSPS new source performance standards
cement industry. Subsequently, the EPA Organization of This Document. The NTTAA National Technology Transfer and
information presented in this preamble Advancement Act
became aware of certain minor technical
is organized as follows: oHAP Non-dioxin organic hazardous air
errors in those amendments, and thus pollutants
issued a proposal to correct these errors I. Preamble Acronyms and Abbreviations OMB Office of Management and Budget
on November 19, 2014 (79 FR 68821). II. General Information PM particulate matter
The EPA received 3 comments on the A. Executive Summary ppm(v)(d,w) parts per million (by volume)
proposal. In response to the comments B. Does this reconsideration action apply (dry,wet)
received and to complete technical to me? SO2 Sulfur Dioxide
corrections, the EPA is now issuing final C. Where can I get a copy of this document THC total hydrocarbons
and other related information? TTN Technology Transfer Network
amendments. In addition, consistent D. Judicial Review
with the U.S. Court of Appeals to the DC UMRA Unfunded Mandates Reform Act
III. Summary of Final Amendments WWW World Wide Web
Circuit’s vacatur of the affirmative A. Corrections and Clarifications
defense provisions in the final rule, this B. Affirmative Defense II. General Information
action removes those provisions. These IV. Summary of Changes Since Proposal
V. Summary of Comments and Responses
A. Executive Summary
amendments do not affect the pollution
reduction or costs associated with these VI. Impacts of These Final Amendments 1. Purpose of This Regulatory Action
standards. A. What are the air impacts?
B. What are the energy impacts? The purpose of this action is to
DATES: This final rule is effective on July C. What are the compliance costs? finalize amendments to the 40 CFR part
27, 2015. D. What are the economic and employment 60, and part 63, subparts F and LLL,
ADDRESSES: The EPA has established a impacts? respectively. In 2010, the EPA
docket for this action under Docket ID E. What are the benefits of the final established the NESHAP for the
No. EPA–HQ–OAR–2011–0817. All standards? Portland Cement source category. (75 FR
documents in the docket are listed in VII. Statutory and Executive Order Reviews 54970, September 9, 2010). Specifically,
the http://www.regulations.gov index. A. Executive Order 12866: Regulatory
the EPA established emission standards
Planning and Review and Executive
Although listed in the index, some Order 13563: Improving Regulation and for mercury (Hg), hydrogen chloride
information is not publicly available, Regulatory Review (HCl), total hydrocarbons (THC) (or in
e.g., confidential business information B. Paperwork Reduction Act (PRA) the alternative, organic hazardous air
(CBI) or other information whose C. Regulatory Flexibility Act (RFA) pollutants (oHAP)), and particulate
disclosure is restricted by statute. D. Unfunded Mandates Reform Act of 1995 matter (PM). These standards,
Certain other material, such as (UMRA) established pursuant to section 112(d) of
copyrighted material, is not placed on E. Executive Order 13132: Federalism the Clean Air Act (CAA), reflected
the Internet and will be publicly F. Executive Order 13175: Consultation performance of maximum available
tkelley on DSK3SPTVN1PROD with RULES2
available only in hard copy. Publicly and Coordination With Indian Tribal control technology. Following court
Governments
available docket materials are available G. Executive Order 13045: Protection of
remand, Portland Cement Ass’n v. EPA,
either electronically through http:// Children From Environmental Health 665 F. 3d 177 (D.C. Cir. 2011), the EPA
www.regulations.gov or in hard copy at Risks and Safety Risks amended some of these standards in
the EPA’s Docket Center, Public Reading H. Executive Order 13211: Actions 2013, and established a new compliance
Room, EPA WJC West Building, Room Concerning Regulations That date of September 9, 2015, for the
VerDate Sep<11>2014 20:01 Jul 24, 2015 Jkt 235001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\27JYR2.SGM 27JYR2](https://thefederalregister.org/doc/80_FR_44915/page/1.svg)
![Federal Register / Vol. 80, No. 143 / Monday, July 27, 2015 / Rules and Regulations 44773
amended standards. (78 FR 10006, Feb. vacatur, the regulatory provisions time of the NESHAP amendments (see
12, 2013). All of these actions were establishing the affirmative defense are 78 FR 10006) (see also Portland Cement
upheld by the U.S. Court of Appeals for null and void. Thus, the EPA is Ass’n v. EPA, 665 F. 3d at 190–92
the District of Columbia Circuit. Natural removing the affirmative defense (upholding these standards)). The EPA
Resources Defense Council v. EPA, 749 regulatory text (40 CFR 63.1344) as part is finalizing certain technical changes to
F. 3d 1055 (D.C. Cir. 2014). The Court, of this final technical corrections rule. these NSPS as part of this action.
however, vacated a provision of the rule The EPA also adopted standards of
performance for new Portland cement B. Does this reconsideration action
establishing an affirmative defense
sources as part of the same regulatory apply to me?
when violations of the standards
action establishing the 2010 NESHAP.
occurred because of malfunctions. 749 Categories and entities potentially
(75 FR 54970, Sept. 9, 2010) and
F. 3d at 1063–64. In light of the Court’s regulated by this final rule include:
amended those standards at the same
TABLE 1—INDUSTRIAL SOURCE CATEGORIES AFFECTED BY THIS NESHAP AND NSPS FINAL ACTION
Category NAICS code a Examples of regulated entities
Industry ................................................................... 327310 Portland cement manufacturing plants.
Federal government ............................................... ........................ Not affected.
State/local/tribal government .................................. ........................ Portland cement manufacturing plants.
a North American Industry Classification System.
Table 1 of this preamble is not Section 307(d)(7)(B) of the CAA that include a separate stack; (4) provide
intended to be exhaustive, but rather further provides that ‘‘[o]nly an a scaling alternative for sources that
provides a guide for readers regarding objection to a rule or procedure which have a wet scrubber, tray tower or dry
entities likely to be regulated by this was raised with reasonable specificity scrubber relative to the HCl compliance
action. To determine whether your during the period for public comment demonstration; (5) add a temperature
facility will be regulated by this action, (including any public hearing) may be parameter to the startup and shutdown
you should examine the applicability raised during judicial review.’’ This requirements; (6) clarify language
criteria in 40 CFR 60.60 (subpart F) or section also provides a mechanism for related to span values for both Hg and
in 40 CFR 63.1340 (subpart LLL). If you the EPA to convene a proceeding for HCl measurements; and (7) correct
have any questions regarding the reconsideration, ‘‘[i]f the person raising inadvertent typographical errors. The
applicability of this final action to a an objection can demonstrate to the EPA EPA is also finalizing corrections to
particular entity, contact the appropriate that it was impracticable to raise such certain inadvertent inconsistencies in
person listed in the preceding FOR objection within [the period for public the final rule regulatory text, such as
FURTHER INFORMATION CONTACT section. comment] or if the grounds for such correction of the compliance date for
objection arose after the period for new sources and correction to the
C. Where can I get a copy of this public comment (but within the time compliance date regarding monitoring
document and other related specified for judicial review) and if such and recordkeeping requirements.
information? objection is of central relevance to the In both the NSPS and the NESHAP,
outcome of the rule.’’ Any person we are finalizing language to clarify the
In addition to being available in the seeking to make such a demonstration existing definitions of Operating Day,
docket, an electronic copy of this action should submit a Petition for Rolling Average and Run Average to
is available on the Internet through the Reconsideration to the Office of the promote consistent and clear monitoring
EPA’s Technology Transfer Network Administrator, U.S. EPA, WJC Building, data recording and emissions reporting.
(TTN) Web site, a forum for information 1200 Pennsylvania Ave. NW., Mail Code The clarifications below are in response
and technology exchange in various 1101A, Washington, DC 20460, with a to industry questions and are not
areas of air pollution control. Following copy to both the person(s) listed in the intended to change the meaning of the
signature by the EPA Administrator, the preceding FOR FURTHER INFORMATION final rule. In the final amendments, we
EPA will post a copy of this final action CONTACT section and the Associate clarify that ‘‘Operating Day’’ is any 24-
at http://www.epa.gov/airquality/ General Counsel for the Air and hour period where clinker is produced.
cement. Following publication in the Radiation Law Office, Office of General This clarification is necessary to specify
Federal Register, the EPA will post the Counsel), U.S. EPA, 1200 Pennsylvania that during any day with both
Federal Register version of the proposal Ave. NW., Mail Code 2344A, operations and emissions, an emissions
and key technical documents at this Washington, DC 20460. value or an average of emissions values
same Web site. representing those operations is
III. Summary of Final Amendments
D. Judicial Review included in the 30-day rolling average
A. Corrections and Clarifications calculation. We also clarify that
Under section 307(b)(1) of the CAA, The EPA is finalizing certain ‘‘Rolling Average’’ means a weighted
judicial review of this final action is clarifying changes and corrections to the average of all monitoring data collected
available only by filing a petition for 2013 final rule. Specifically, these during a specified time period divided
review in the court by September 25, amendments will: (1) Clarify the by all production of clinker during those
tkelley on DSK3SPTVN1PROD with RULES2
2015. Under section 307(b)(2) of the definition of rolling average, operating same hours of operation, and, where
CAA, the requirements established by day and run average; (2) restore the table applicable, a 30-day rolling average is
the final rule may not be challenged of emission limits which apply until the comprised of the average of all the
separately in any civil or criminal September 9, 2015, compliance date; (3) hourly average concentrations over the
proceedings brought by the EPA to correct equation 8 regarding sources previous 30 operating days. This
enforce the requirements. with an alkali bypass or inline coal mill clarification is necessary to specify the
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B. Paperwork Reduction Act (PRA) Order 13175. It will not have substantial List of Subjects
This action does not impose any new direct effect on tribal governments, on
40 CFR Part 60
information collection burden under the the relationship between the federal
government and Indian tribes or on the Administrative practice and
PRA. The OMB has previously approved
distribution of power and procedure, Air pollution control,
the information collection activities
responsibilities between the federal Environmental protection,
contained in the existing regulations
government and Indian tribes, as Intergovernmental relations, Reporting
and has assigned OMB control number
2060–0416 for the NESHAP; there are specified in Executive Order 13175. and recordkeeping.
no additional recordkeeping and Thus, Executive Order 13175 does not 40 CFR Part 63
reporting requirements for the NSPS. apply to this action.
Environmental protection,
This action does not change the G. Executive Order 13045: Protection of Administrative practice and procedure,
information collection requirements Children From Environmental Health Air pollution control, Hazardous
previously finalized and, as a result, Risks and Safety Risks substances, Intergovernmental relations,
does not impose any additional Reporting and recordkeeping
information collection burden on This action is not subject to Executive
requirements.
industry. The OMB control numbers for Order 13045 because it is not
the EPA’s regulations in 40 CFR are economically significant as defined in Dated: July 1, 2015.
listed in 40 CFR part 9. Executive Order 12866, and because the Gina McCarthy,
EPA does not believe the environmental Administrator.
C. Regulatory Flexibility Act (RFA)
health or safety risks addressed by this For the reasons set out in the
I certify that this action will not have action present a disproportionate risk to preamble, title 40, chapter I of the Code
a significant economic impact on a children. of Federal Regulations is amended as
substantial number of small entities follows:
This action does not add to or relieve
under the RFA. In making this
determination, the impact of concern is affected sources from any requirements,
PART 60—STANDARDS OF
any significant adverse economic and therefore has no impacts; thus,
PERFORMANCE FOR NEW
impact on small entities. An agency may health and risk assessments were not
STATIONARY SOURCES
certify that a rule will not have a conducted.
significant economic impact on a H. Executive Order 13211: Actions ■ 1. The authority citation for part 60
substantial number of small entities if Concerning Regulations That continues to read as follows:
the rule relieves regulatory burden, has Significantly Affect Energy Supply, Authority: 42 U.S.C. 7411.
no net burden or otherwise has a Distribution, or Use
positive economic effect on the small Subpart F—[Amended]
entities subject to the rule. The EPA has This action is not subject to Executive
determined that none of the small Order 13211 because it is not a ■ 2. Section 60.61 is amended by
entities subject to this rule will significant regulatory action under revising paragraph (f) and adding
experience a significant impact because Executive Order 12866. paragraphs (g) and (h) to read as follows:
this action imposes no additional I. National Technology Transfer and § 60.61 Definitions.
compliance costs on owners or Advancement Act (NTTAA) * * * * *
operators of affected sources. We have
(f) Operating day means a 24-hour
therefore concluded that this action will This rulemaking does not involve period beginning at 12:00 midnight
have no net regulatory burden for all technical standards. during which the kiln produces clinker
directly regulated small entities.
J. Executive Order 12898: Federal at any time. For calculating 30 day
D. Unfunded Mandates Reform Act of Actions To Address Environmental rolling average emissions, an operating
1995 (UMRA) Justice in Minority Populations and day does not include the hours of
This action does not contain any Low-Income Populations operation during startup or shutdown.
unfunded mandate as described in (g) Rolling average means the
The EPA believes the human health or weighted average of all data, meeting
UMRA, 2 U.S.C. 1531–1538, and does environmental risk addressed by this
not significantly or uniquely affect small QA/QC requirements or otherwise
action will not have potential normalized, collected during the
governments. This action imposes no disproportionately high and adverse
enforceable duty on any state, local or applicable averaging period. The period
human health or environmental effects of a rolling average stipulates the
tribal governments or the private sector. on minority, low-income or indigenous frequency of data averaging and
E. Executive Order 13132: Federalism populations because it does not affect reporting. To demonstrate compliance
This action does not have federalism the level of protection provided to with an operating parameter a 30-day
implications. It will not have substantial human health or the environment. The rolling average period requires
direct effects on the states, on the basis for this determination is that this calculation of a new average value each
relationship between the national action is a reconsideration of existing operating day and shall include the
government and the states, or on the requirements and imposes no new average of all the hourly averages of the
distribution of power and impacts or costs. specific operating parameter. For
responsibilities among the various K. Congressional Review Act (CRA) demonstration of compliance with an
emissions limit based on pollutant
tkelley on DSK3SPTVN1PROD with RULES2
levels of government.
This action is subject to the CRA, and concentration, a 30-day rolling average
F. Executive Order 13175: Consultation the EPA will submit a rule report to is comprised of the average of all the
and Coordination With Indian Tribal each House of the Congress and to the hourly average concentrations over the
Governments Comptroller General of the United previous 30 operating days. For
This action does not have tribal States. This action is not a ‘‘major rule’’ demonstration of compliance with an
implications as specified in Executive as defined by 5 U.S.C. 804(2). emissions limit based on lbs-pollutant
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§ 63.1344 [Removed and Reserved] in § 63.1349(b)(7)(vii) or (viii) equivalent of zero output from your PM
■ 9. Section 63.1344 is removed and depending on the level of organic HAP CPMS, and the average PM result of
reserved. measured during the compliance test. your compliance test to establish your
■ 10. Section 63.1346 is amended by * * * * * operating limit. If your PM compliance
revising paragraph (g)(3)to read as (b) * * * test demonstrates your PM emission
follows: (1) * * * levels to be at or above 75 percent of
(iii) You may not use data recorded your emission limit you will use the
§ 63.1346 Operating limits for kilns. during monitoring system startup, average PM CPMS value recorded
* * * * * shutdown or malfunctions or repairs during the PM compliance test to
(g) * * * associated with monitoring system establish your operating limit. You will
(3) All dry sorbent and activated malfunctions in calculations used to use the PM CPMS to demonstrate
carbon systems that control hazardous report emissions or operating levels. A continuous compliance with your
air pollutants must be turned on and monitoring system malfunction is any operating limit. You must repeat the
operating at the time the gas stream at sudden, infrequent, not reasonably performance test annually and reassess
the inlet to the baghouse or ESP reaches preventable failure of the monitoring and adjust the site-specific operating
300 degrees Fahrenheit (five minute system to provide valid data. limit in accordance with the results of
average) during startup. Temperature of Monitoring system failures that are the performance test.
the gas stream is to be measured at the caused in part by poor maintenance or (A) Your PM CPMS must provide a 4–
inlet of the baghouse or ESP every careless operation are not malfunctions. 20 milliamp or digital signal output and
minute. Such injection systems can be You must use all the data collected the establishment of its relationship to
turned off during shutdown. Particulate during all other periods in assessing the manual reference method measurements
control and all remaining devices that operation of the control device and must be determined in units of
control hazardous air pollutants should associated control system. milliamps or the monitors digital
be operational during startup and equivalent.
* * * * * (B) Your PM CPMS operating range
shutdown. (9) Startup and Shutdown must be capable of reading PM
* * * * * Compliance. All dry sorbent and concentrations from zero to a level
■ 11. Section 63.1347 is amended by activated carbon systems that control equivalent to three times your allowable
revising paragraph (a)(1) to read as hazardous air pollutants must be turned emission limit. If your PM CPMS is an
follows: on and operating at the time the gas auto-ranging instrument capable of
stream at the inlet to the baghouse or multiple scales, the primary range of the
§ 63.1347 Operation and maintenance plan ESP reaches 300 degrees Fahrenheit
requirements. instrument must be capable of reading
(five minute average) during startup. PM concentration from zero to a level
(a) * * * Temperature of the gas stream is to be equivalent to three times your allowable
(1) Procedures for proper operation measured at the inlet of the baghouse or emission limit.
and maintenance of the affected source ESP every minute. Such injection (C) During the initial performance test
and air pollution control devices in systems can be turned off during or any such subsequent performance
order to meet the emissions limits and shutdown. Particulate control and all test that demonstrates compliance with
operating limits, including fugitive dust remaining devices that control the PM limit, record and average all
control measures for open clinker piles hazardous air pollutants should be milliamp or digital output values from
of §§ 63.1343, 63.1345, and 63.1346. operational during startup and the PM CPMS for the periods
Your operations and maintenance plan shutdown. corresponding to the compliance test
must address periods of startup and * * * * * runs (e.g., average all your PM CPMS
shutdown. output values for three corresponding
■ 13. Section 63.1349 is amended by
* * * * * revising paragraphs (b), (c), and (d)(1)(ii) Method 5I test runs).
■ 12. Section 63.1348 is amended by to read as follows: (ii) Determine your operating limit as
revising paragraphs (a)(4)(iv) and (v), specified in paragraphs (b)(1)(iii)
(b)(1)(iii), and (b)(9) to read as follows: § 63.1349 Performance testing through (iv) of this section. If your PM
requirements. performance test demonstrates your PM
§ 63.1348 Compliance requirements. * * * * * emission levels to be below 75 percent
(a) * * * (b)(1) PM emissions tests. The owner of your emission limit you will use the
(4) * * * or operator of a kiln and clinker cooler average PM CPMS value recorded
(iv) The time weighted average total subject to limitations on PM emissions during the PM compliance test, the
organic HAP concentration measured shall demonstrate initial compliance by milliamp or digital equivalent of zero
during the separate initial performance conducting a performance test using output from your PM CPMS, and the
test specified by § 63.1349(b)(7) must be Method 5 or Method 5I at appendix A– average PM result of your compliance
used to determine initial compliance. 3 to part 60 of this chapter. You must test to establish your operating limit. If
(v) The time weighted average THC also monitor continuous performance your PM compliance test demonstrates
concentration measured during the through use of a PM continuous your PM emission levels to be at or
initial performance test specified by parametric monitoring system (PM above 75 percent of your emission limit
§ 63.1349(b)(4) must be used to CPMS). you will use the average PM CPMS
determine the site-specific THC limit. (i) For your PM CPMS, you will value recorded during the PM
Using the fraction of time the inline establish a site-specific operating limit. compliance test to establish your
tkelley on DSK3SPTVN1PROD with RULES2
kiln/raw mill is on and the fraction of If your PM performance test operating limit. You must verify an
time that the inline kiln/raw mill is off, demonstrates your PM emission levels existing or establish a new operating
calculate this limit as a time weighted to be below 75 percent of your emission limit after each repeated performance
average of the THC levels measured limit you will use the average PM CPMS test. You must repeat the performance
during raw mill on and raw mill off value recorded during the PM test at least annually and reassess and
testing using one of the two approaches compliance test, the milliamp or digital adjust the site-specific operating limit in
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(9) The owner or operator shall inspections conducted within the corresponding to each PM compliance
submit a summary report semiannually reporting period as required under test run.
to the EPA via the Compliance and § 63.1347(a)(3). (x) All reports required by this
Emissions Data Reporting Interface (v) Any and all failures to comply subpart not subject to the requirements
(CEDRI). (CEDRI can be accessed with any provision of the operation and in paragraphs (b)(9) introductory text
through the EPA’s Central Data maintenance plan developed in and (b)(9)(viii) of this section must be
Exchange (CDX) (www.epa.gov/cdx).) accordance with § 63.1347(a). sent to the Administrator at the
You must use the appropriate electronic (vi) For each PM CPMS, HCl, Hg, and appropriate address listed in § 63.13.
report in CEDRI for this subpart. Instead THC CEMS, D/F temperature The Administrator or the delegated
of using the electronic report in CEDRI monitoring system, or Hg sorbent trap authority may request a report in any
for this subpart, you may submit an monitoring system, within 60 days after form suitable for the specific case (e.g.,
alternate electronic file consistent with the reporting periods, you must report by commonly used electronic media
the extensible markup language (XML) all of the calculated 30-operating day such as Excel spreadsheet, on CD or
schema listed on the CEDRI Web site rolling average values derived from the hard copy). The Administrator retains
(http://www.epa.gov/ttn/chief/cedri/ CPMS, CEMS, CMS, or Hg sorbent trap the right to require submittal of reports
index.html), once the XML schema is monitoring systems. subject to paragraph (b)(9) introductory
available. If the reporting form specific * * * * * text and (b)(9)(viii) of this section in
to this subpart is not available in CEDRI (viii) Within 60 days after the date of paper format.
at the time that the report is due, you completing each CEMS performance
must submit the report the * * * * *
evaluation test as defined in § 63.2, you
Administrator at the appropriate must submit relative accuracy test audit § 63.1355 [Amended]
address listed in § 63.13. You must
(RATA) data to the EPA’s CDX by using ■ 16. Amend § 63.1355 by removing and
begin submitting reports via CEDRI no
CEDRI in accordance with paragraph reserving paragraph (d).
later than 90 days after the form
(b)(9) of this section. Only RATA
becomes available in CEDRI. The reports ■ 17. Revise § 63.1356 to read as
pollutants that can be documented with
must be submitted by the deadline follows:
the ERT (as listed on the ERT Web site)
specified in this subpart, regardless of
are subject to this requirement. For any § 63.1356 Sources with multiple emissions
the method in which the reports are
performance evaluations with no limit or monitoring requirements.
submitted. The report must contain the
corresponding RATA pollutants listed
information specified in If you have an affected source subject
on the ERT Web site, you must submit
§ 63.10(e)(3)(vi). In addition, the to this subpart with a different
summary report shall include: the results of the performance
evaluation to the Administrator at the emissions limit or requirement for the
(i) All exceedances of maximum same pollutant under another regulation
control device inlet gas temperature appropriate address listed in § 63.13.
(ix) For PM performance test reports in title 40 of this chapter, once you are
limits specified in § 63.1346(a) and (b); in compliance with the most stringent
(ii) Notification of any failure to used to set a PM CPMS operating limit,
the electronic submission of the test emissions limit or requirement, you are
calibrate thermocouples and other not subject to the less stringent
temperature sensors as required under report must also include the make and
model of the PM CPMS instrument, requirement. Until you are in
§ 63.1350(g)(1)(iii) of this subpart; and compliance with the more stringent
(iii) Notification of any failure to serial number of the instrument,
analytical principle of the instrument limit, the less stringent limit continues
maintain the activated carbon injection to apply.
rate, and the activated carbon injection (e.g. beta attenuation), span of the
carrier gas flow rate or pressure drop, as instruments primary analytical range, § 63.1357 [Removed and Reserved]
applicable, as required under milliamp value equivalent to the
§ 63.1346(c)(2). instrument zero output, technique by ■ 18. Remove and reserve § 63.1357.
(iv) Notification of failure to conduct which this zero value was determined, ■ 19. Revise Table 1 to Subpart LLL of
any combustion system component and the average milliamp signals Part 63 to read as follows:
TABLE 1 TO SUBPART LLL OF PART 63—APPLICABILITY OF GENERAL PROVISIONS
Citation Requirement Applies to subpart LLL Explanation
63.1(a)(1)–(4) ........................ Applicability ............................................. Yes.
63.1(a)(5) .............................. ................................................................. No ...................................... [Reserved].
63.1(a)(6)–(8) ........................ Applicability ............................................. Yes.
63.1(a)(9) .............................. ................................................................. No ...................................... [Reserved].
63.1(a)(10)–(14) .................... Applicability ............................................. Yes.
63.1(b)(1) .............................. Initial Applicability Determination ............ No ...................................... § 63.1340 specifies applicability.
63.1(b)(2)–(3) ........................ Initial Applicability Determination ............ Yes.
63.1(c)(1) .............................. Applicability After Standard Established Yes.
63.1(c)(2) .............................. Permit Requirements .............................. Yes ..................................... Area sources must obtain Title V per-
mits.
63.1(c)(3) .............................. ................................................................. No ...................................... [Reserved].
63.1(c)(4)–(5) ........................ Extensions, Notifications ........................ Yes.
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63.1(d) ................................... ................................................................. No ...................................... [Reserved].
63.1(e) ................................... Applicability of Permit Program .............. Yes.
63.2 ....................................... Definitions ............................................... Yes ..................................... Additional definitions in § 63.1341.
63.3(a)–(c) ............................ Units and Abbreviations ......................... Yes.
63.4(a)(1)–(3) ........................ Prohibited Activities ................................ Yes.
63.4(a)(4) .............................. ................................................................. No ...................................... [Reserved].
63.4(a)(5) .............................. Compliance date ..................................... Yes.
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TABLE 1 TO SUBPART LLL OF PART 63—APPLICABILITY OF GENERAL PROVISIONS—Continued
Citation Requirement Applies to subpart LLL Explanation
63.4(b)–(c) ............................ Circumvention, Severability .................... Yes.
63.5(a)(1)–(2) ........................ Construction/Reconstruction ................... Yes.
63.5(b)(1) .............................. Compliance Dates .................................. Yes.
63.5(b)(2) .............................. ................................................................. No ...................................... [Reserved].
63.5(b)(3)–(6) ........................ Construction Approval, Applicability ....... Yes.
63.5(c) ................................... ................................................................. No ...................................... [Reserved].
63.5(d)(1)–(4) ........................ Approval of Construction/Reconstruction Yes.
63.5(e) ................................... Approval of Construction/Reconstruction Yes.
63.5(f)(1)–(2) ......................... Approval of Construction/Reconstruction Yes.
63.6(a) ................................... Compliance for Standards and Mainte- Yes.
nance.
63.6(b)(1)–(5) ........................ Compliance Dates .................................. Yes.
63.6(b)(6) .............................. ................................................................. No ...................................... [Reserved].
63.6(b)(7) .............................. Compliance Dates .................................. Yes.
63.6(c)(1)–(2) ........................ Compliance Dates .................................. Yes.
63.6(c)(3)–(4) ........................ ................................................................. No ...................................... [Reserved].
63.6(c)(5) .............................. Compliance Dates .................................. Yes.
63.6(d) ................................... ................................................................. No ...................................... [Reserved].
63.6(e)(1)–(2) ........................ Operation & Maintenance ....................... No ...................................... See § 63.1348(d) for general duty re-
quirement. Any reference to
§ 63.6(e)(1)(i) in other General Provi-
sions or in this subpart is to be treat-
ed as a cross-reference to
§ 63.1348(d).
63.6(e)(3) .............................. Startup, Shutdown Malfunction Plan ...... No ...................................... Your operations and maintenance plan
must address periods of startup and
shutdown. See § 63.1347(a)(1).
63.6(f)(1) ............................... Compliance with Emission Standards .... No ...................................... Compliance obligations specified in sub-
part LLL.
63.6(f)(2)–(3) ......................... Compliance with Emission Standards .... Yes.
63.6(g)(1)–(3) ........................ Alternative Standard ............................... Yes.
63.6(h)(1) .............................. Opacity/VE Standards ............................ No ...................................... Compliance obligations specified in sub-
part LLL.
63.6(h)(2) .............................. Opacity/VE Standards ............................ Yes.
63.6(h)(3) .............................. ................................................................. No ...................................... [Reserved].
63.6(h)(4)–(h)(5)(i) ................ Opacity/VE Standards ............................ Yes.
63.6(h)(5)(ii)–(iv) ................... Opacity/VE Standards ............................ No ...................................... Test duration specified in subpart LLL.
63.6(h)(6) .............................. Opacity/VE Standards ............................ Yes.
63.6(h)(7) .............................. Opacity/VE Standards ............................ Yes.
63.6(i)(1)–(14) ....................... Extension of Compliance ........................ Yes.
63.6(i)(15) ............................. ................................................................. No ...................................... [Reserved].
63.6(i)(16) ............................. Extension of Compliance ........................ Yes.
63.6(j) .................................... Exemption from Compliance .................. Yes.
63.7(a)(1)–(3) ........................ Performance Testing Requirements ....... Yes ..................................... § 63.1349 has specific requirements.
63.7(b) ................................... Notification period ................................... Yes ..................................... Except for repeat performance test
caused by an exceedance. See
§ 63.1353(b)(6).
63.7(c) ................................... Quality Assurance/Test Plan .................. Yes.
63.7(d) ................................... Testing Facilities ..................................... Yes.
63.7(e)(1) .............................. Conduct of Tests .................................... No ...................................... See § 63.1349(e). Any reference to
63.7(e)(1) in other General Provisions
or in this subpart is to be treated as a
cross-reference to § 63.1349(e).
63.7(e)(2)–(4) ........................ Conduct of tests ..................................... Yes.
63.7(f) .................................... Alternative Test Method ......................... Yes.
63.7(g) ................................... Data Analysis .......................................... Yes.
63.7(h) ................................... Waiver of Tests ...................................... Yes.
63.8(a)(1) .............................. Monitoring Requirements ....................... Yes.
63.8(a)(2) .............................. Monitoring ............................................... No ...................................... § 63.1350 includes CEMS requirements.
63.8(a)(3) .............................. ................................................................. No ...................................... [Reserved].
63.8(a)(4) .............................. Monitoring ............................................... No ...................................... Flares not applicable.
63.8(b)(1)–(3) ........................ Conduct of Monitoring ............................ Yes.
63.8(c)(1)–(8) ........................ CMS Operation/Maintenance ................. Yes ..................................... Temperature and activated carbon injec-
tion monitoring data reduction require-
ments given in subpart LLL.
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63.8(d) ................................... Quality Control ........................................ Yes, except for the ref-
erence to the SSM Plan
in the last sentence.
63.8(e) ................................... Performance Evaluation for CMS ........... Yes.
63.8(f)(1)–(5) ......................... Alternative Monitoring Method ................ Yes ..................................... Additional requirements in § 63.1350(l).
63.8(f)(6) ............................... Alternative to RATA Test ........................ Yes.
63.8(g) ................................... Data Reduction ....................................... Yes.
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TABLE 1 TO SUBPART LLL OF PART 63—APPLICABILITY OF GENERAL PROVISIONS—Continued
Citation Requirement Applies to subpart LLL Explanation
63.9(a) ................................... Notification Requirements ...................... Yes.
63.9(b)(1)–(5) ........................ Initial Notifications ................................... Yes.
63.9(c) ................................... Request for Compliance Extension ........ Yes.
63.9(d) ................................... New Source Notification for Special Yes.
Compliance Requirements.
63.9(e) ................................... Notification of performance test ............. Yes ..................................... Except for repeat performance test
caused by an exceedance. See
§ 63.1353(b)(6).
63.9(f) .................................... Notification of VE/Opacity Test .............. Yes ..................................... Notification not required for VE/opacity
test under § 63.1350(e) and (j).
63.9(g) ................................... Additional CMS Notifications .................. Yes.
63.9(h)(1)–(3) ........................ Notification of Compliance Status .......... Yes.
63.9(h)(4) .............................. ................................................................. No ...................................... [Reserved].
63.9(h)(5)–(6) ........................ Notification of Compliance Status .......... Yes.
63.9(i) .................................... Adjustment of Deadlines ........................ Yes.
63.9(j) .................................... Change in Previous Information ............. Yes.
63.10(a) ................................. Recordkeeping/Reporting ....................... Yes.
63.10(b)(1) ............................ General Recordkeeping Requirements .. Yes.
63.10(b)(2)(i)–(ii) ................... General Recordkeeping Requirements .. No ...................................... See § 63.1355(g) and (h).
63.10(b)(2)(iii) ....................... General Recordkeeping Requirements .. Yes.
63.10(b)(2)(iv)–(v) ................. General Recordkeeping Requirements .. No.
63.10(b)(2)(vi)–(ix) ................ General Recordkeeping Requirements .. Yes.
63.10(c)(1) ............................ Additional CMS Recordkeeping ............. Yes ..................................... PS–8A supersedes requirements for
THC CEMS.
63.10(c)(1) ............................ Additional CMS Recordkeeping ............. Yes ..................................... PS–8A supersedes requirements for
THC CEMS.
63.10(c)(2)–(4) ...................... ................................................................. No ...................................... [Reserved].
63.10(c)(5)–(8) ...................... Additional CMS Recordkeeping ............. Yes ..................................... PS–8A supersedes requirements for
THC CEMS.
63.10(c)(9) ............................ ................................................................. No ...................................... [Reserved].
63.10(c)(10)–(15) .................. Additional CMS Recordkeeping ............. Yes ..................................... PS–8A supersedes requirements for
THC CEMS.
63.10(d)(1) ............................ General Reporting Requirements ........... Yes.
63.10(d)(2) ............................ Performance Test Results ...................... Yes.
63.10(d)(3) ............................ Opacity or VE Observations ................... Yes.
63.10(d)(4) ............................ Progress Reports .................................... Yes.
63.10(d)(5) ............................ Startup, Shutdown, Malfunction Reports No ...................................... See § 63.1354(c) for reporting require-
ments. Any reference to § 63.10(d)(5)
in other General Provisions or in this
subpart is to be treated as a cross-
reference to § 63.1354(c).
63.10(e)(1)–(2) ...................... Additional CMS Reports ......................... Yes.
63.10(e)(3) ............................ Excess Emissions and CMS Perform- Yes ..................................... Exceedances are defined in subpart
ance Reports. LLL.
63.10(e)(3)(vii) and (viii) ....... Excess Emissions and CMS Perform- No ...................................... Superseded by 63.1354(b)(10).
ance Reports.
63.10(f) .................................. Waiver for Recordkeeping/Reporting ..... Yes.
63.11(a)–(b) .......................... Control Device Requirements ................ No ...................................... Flares not applicable.
63.12(a)–(c) .......................... State Authority and Delegations ............. Yes.
63.13(a)–(c) .......................... State/Regional Addresses ...................... Yes.
63.14(a)–(b) .......................... Incorporation by Reference .................... Yes.
63.15(a)–(b) .......................... Availability of Information ....................... Yes.
[FR Doc. 2015–16811 Filed 7–24–15; 8:45 am]
BILLING CODE 6560–50–P
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Document Created: 2018-02-23 09:27:08
Document Modified: 2018-02-23 09:27:08
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final amendments. | |
| Dates | This final rule is effective on July 27, 2015. | |
| Contact | Ms. Sharon Nizich, Sector Policies and Programs Division (D243-04), Office of Air Quality Planning and Standards, U.S. Environmental Protection Agency, Research Triangle Park, North Carolina 27711, telephone number: (919) 541-2825; facsimile | |
| FR Citation | 80 FR 44772 | |
| RIN Number | 2060-AQ93 | |
| CFR Citation | 40
CFR
60 40 CFR 63 | |
| CFR Associated | Administrative Practice and Procedure; Air Pollution Control; Environmental Protection; Intergovernmental Relations; Reporting and Recordkeeping; Hazardous Substances and Reporting and Recordkeeping Requirements |
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