Standards of Performance for Fossil-Fuel-Fired Steam Generators for Which Construction Is Commenced After August 17, 1971; Standards of Performance for Electric Utility Steam Generating Units for Which Construction Is Commenced After September 18, 1978; Standards of Performance for Industrial-Commercial-Institutional Steam Generating Units; and Standards of Performance for Small Industrial-Commercial-Institutional Steam Generating Units, 32710-32768 [E7-7673]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 72, Number 113 (Wednesday, June 13, 2007)]
[Rules and Regulations]
[Pages 32710-32768]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-7673]



[[Page 32709]]

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Part II





Environmental Protection Agency





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40 CFR Part 60



Amendments to New Source Performance Standards (NSPS) for Electric 
Utility Steam Generating Units and Industrial-Commercial-Institutional 
Steam Generating Units; Final Rule

Federal Register / Vol. 72, No. 113 / Wednesday, June 13, 2007 / 
Rules and Regulations

[[Page 32710]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 60

[EPA-HQ-OAR-2005-0031; FRL-8302-3]
RIN 2060-AN97


Standards of Performance for Fossil-Fuel-Fired Steam Generators 
for Which Construction Is Commenced After August 17, 1971; Standards of 
Performance for Electric Utility Steam Generating Units for Which 
Construction Is Commenced After September 18, 1978; Standards of 
Performance for Industrial-Commercial-Institutional Steam Generating 
Units; and Standards of Performance for Small Industrial-Commercial-
Institutional Steam Generating Units

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final reconsideration.

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SUMMARY: EPA is amending the new source performance standards (NSPS) 
for electric utility steam generating units and industrial-commercial-
institutional steam generating units. These amendments to the 
regulations are to add compliance alternatives for owners and operators 
of certain affected sources, revise certain recordkeeping and reporting 
requirements, correct technical and editorial errors, and update the 
grammatical style of the four subparts to be more consistent across all 
of the subparts.

DATES: This rule is effective on June 13, 2007. The incorporation by 
reference of certain publications listed in these rules is approved by 
the Director of the Federal Register as of June 13, 2007.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-HQ-OAR-2005-0031. All documents in the docket are listed in the 
Federal Docket Management System index at https://www.regulations.gov. 
Although listed in the index, some information is not publicly 
available, e.g., confidential business information or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, is not placed on the Internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available either electronically through 
www.regulations.gov or in hard copy at the EPA Docket Center, Public 
Reading Room, EPA West, Room 3334, 1301 Constitution Ave., NW., 
Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30 
p.m., Monday through Friday, excluding legal holidays. The telephone 
number for the Public Reading Room is (202) 566-1744, and the telephone 
number for the Air Docket is (202) 566-1742.

FOR FURTHER INFORMATION CONTACT: Mr. Christian Fellner, Energy 
Strategies Group, Sector Policies and Programs Division (D243-01), U.S. 
EPA, Research Triangle Park, NC 27711, telephone number (919) 541-4003, 
facsimile number (919) 541-5450, electronic mail (e-mail) address: 
fellner.christian@epa.gov.

SUPPLEMENTARY INFORMATION:
    Outline. The information presented in this preamble is organized as 
follows:

I. General Information
    A. Does this action apply to me?
    B. Where can I get a copy of this document?
    C. Judicial Review
II. Background Information
III. Final Amendments and Changes Since Proposal
IV. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act
    D. Unfunded Mandates Reform Act
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination With 
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children From 
Environmental Health and Safety Risks
    H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use
    I. National Technology Transfer Advancement Act
    J. Congressional Review Act

I. General Information

A. Does this action apply to me?

    The regulated categories and entities potentially affected by this 
final action include, but are not limited to, the following:

------------------------------------------------------------------------
                                                        Examples of
           Category              NAICS code \1\    potentially regulated
                                                         entities
------------------------------------------------------------------------
Industry......................            221112  Fossil fuel-fired
                                                   electric utility
                                                   steam generating
                                                   units.
Federal Government............             22112  Fossil fuel-fired
                                                   electric utility
                                                   steam generating
                                                   units owned by the
                                                   Federal Government.
State/local/tribal government.             22112  Fossil fuel-fired
                                                   electric utility
                                                   steam generating
                                                   units owned by
                                                   municipalities.
                                          921150  Fossil fuel-fired
                                                   electric steam
                                                   generating units in
                                                   Indian Country.
Any industrial, commercial, or               211  Extractors of crude
 institutional facility using                      petroleum and natural
 a steam generating unit as                        gas.
 defined in 60.40b or 60.40c.
                                             321  Manufacturers of
                                                   lumber and wood
                                                   products.
                                             322  Pulp and paper mills.
                                             325  Chemical
                                                   manufacturers.
                                             324  Petroleum refiners and
                                                   manufacturers of coal
                                                   products.
                                   316, 326, 339  Manufacturers of
                                                   rubber and
                                                   miscellaneous plastic
                                                   products.
                                             331  Steel works, blast
                                                   furnaces.
                                             332  Electroplating,
                                                   plating, polishing,
                                                   anodizing, and
                                                   coloring.
                                             336  Manufacturers of motor
                                                   vehicle parts and
                                                   accessories.
                                             221  Electric, gas, and
                                                   sanitary services.
                                             622  Health services.
                                             611  Educational Services.
------------------------------------------------------------------------
\1\ North American Industry Classification System (NAICS) code.

This table 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 is regulated by this action, 
you should examine the applicability criteria in Sec.  60.40a, 60.40b, 
or 60.40c of 40 CFR part 60. If you have any questions regarding the 
applicability of this action to a particular entity, consult either the 
air permit authority for the entity or your

[[Page 32711]]

EPA regional representative as listed in 40 CFR 63.13 of subpart A 
(General Provisions).

B. Where can I get a copy of this document?

    In addition to being available in the docket, an electronic copy of 
this final action will also be available on the Worldwide Web (WWW) 
through the Technology Transfer Network (TTN). Following signature, a 
copy of this final action will be posted on the TTN's policy and 
guidance page for newly proposed or promulgated rules at the following 
address: https://www.epa.gov/ttn/oarpg/. The TTN provides information 
and technology exchange in various areas of air pollution control.

C. Judicial Review

    Under section 307(b)(1) of the Clean Air Act (CAA), judicial review 
of these final rules is available only by filing a petition for review 
in the U.S. Court of Appeals for the District of Columbia Circuit by 
August 13, 2007. Under section 307(d)(7)(B) of the CAA, only an 
objection to these final rules that was raised with reasonable 
specificity during the period for public comment can be raised during 
judicial review. Moreover, under section 307(b)(2) of the CAA, the 
requirements established by these final rules may not be challenged 
separately in any civil or criminal proceedings brought by EPA to 
enforce these requirements.

II. Background Information

    In response to petitions for reconsideration filed by the Utility 
Air Regulatory Group and the Council of Industrial Boiler Owners of the 
amendments to the new source performance standards for steam generating 
units that EPA promulgated on February 27, 2006 (71 FR 9866), EPA 
proposed revised amendments to address issues for which the petitioners 
requested reconsideration (see docket entries EPA-HQ-OAR-2005-0031-0224 
and EPA-HQ-OAR-2005-0031-0225). EPA proposed on February 9, 2007, (72 
FR 6320) to amend 40 CFR part 60, subparts D, Da, Db, and Dc to clarify 
the intent for applying and implementing specific rule requirements, 
provide additional compliance alternatives, and to correct 
unintentional technical omissions and editorial errors. In addition, 
EPA proposed to republish 40 CFR 60.17 (Incorporations by reference) 
and subparts D, Da, Db, and Dc in their entirety for the purpose of 
revising the wording and writing style to be more consistent across all 
the NSPS subparts applicable to steam generating units.
    A 30-day comment period (February 9, 2007 to March 12, 2007) was 
provided to accept comments on the proposed rule. An opportunity for a 
public hearing was provided to allow any interested persons to present 
oral comments on the proposed rule. However, EPA did not receive a 
request for a formal public hearing, so a public hearing was not held. 
EPA did receive a request for a 15-day extension to the comment period. 
EPA granted an extension of the public comment period to March 26, 2007 
(72 FR 9903, March 6, 2007). We received comments on the proposed 
amendments from 20 commenters during the comment period.

III. Final Amendments and Changes Since Proposal

    We are amending 40 CFR part 60, subparts D, Da, Db, and Dc to add 
compliance alternatives for owners and operators of certain affected 
sources, revise certain recordkeeping and reporting requirements, 
correct technical and editorial errors, and update the grammatical 
style of the four subparts to be more consistent across all of the 
subparts. This action promulgates the proposed regulatory language for 
the amendments except for those significant provisions, as noted below, 
for which modifications were made to the regulatory language for the 
final amendments in response to specific public comments. EPA did not 
receive negative comments on the conforming changes to the regulatory 
text and is, therefore, finalizing all those changes.
    The final amendments promulgated by this action reflect EPA's 
consideration of the comments received on the proposal. EPA's responses 
to the substantive public comments on the proposal are presented in a 
comment summary and response document available in Docket ID No. EPA-
HQ-OAR-2005-0031.
    The requirements in subpart Da for demonstrating continuous 
compliance with the particulate matter (PM) emission limits for 
affected electric utility steam generating units that commence 
construction, reconstruction, or modification after February 28, 2005, 
have been revised since proposal in response to comments. EPA is 
retaining the provision, established in the February 27, 2006 final 
rule, allowing the optional use of PM continuous emission monitoring 
systems (CEMS) to steam generating units for demonstration of 
compliance with rule requirements related to controlling PM emissions. 
Owners and operators choosing to install and properly operate PM CEMS 
must demonstrate compliance with the applicable PM emission limit on a 
daily basis and are not required to install a continuous opacity 
monitoring system (COMS) or to monitor PM control device performance.
    We recognize that experience using PM CEMS at electric utility 
power plants in the United States is limited, and not all affected 
owners and operators will choose to use PM CEMS. Therefore, the final 
amendments allow owners and operators of affected electric utility 
steam generating units constructed, reconstructed, or modified after 
February 28, 2005, to demonstrate compliance with the PM emissions 
limit using periodic PM emissions performance testing and continuous 
monitoring of the PM control device performance using one of two 
alternatives. The first monitoring alternative is for an owner or 
operator of an affected source to monitor PM control device performance 
based on the opacity level measured during the stack performance test 
conducted to demonstrate compliance with the applicable PM emissions 
limit. The second alternative available to owners and operators depends 
on the type of PM control device used for the electric utility steam 
generating unit. The owner or operator of an affected source that uses 
an electrostatic precipitator (ESP) can elect to monitor performance of 
the control device using an ESP predictive emissions model. An owner or 
operator of an affected source that uses a fabric filter can elect to 
monitor control device performance using a bag leak detection system. 
One significant change from the proposal is that owners or operators of 
affected source that use parametric monitoring of PM emissions will 
have a grace period to bring the monitoring parameters back into the 
range established during the most recent PM emissions performance test 
prior to the requirement to conduct a new PM emissions performance 
test. The grace period does not apply to the 6-minute opacity standard 
and owners and operators of affected sources must continue to report 
excess 6-minute opacity measurements.
    EPA has finalized several other alternatives to provide owners and 
operators of affected electric utility steam generating units 
additional flexibility in complying with the NSPS. EPA has finalized 
the optional use of Part 75 NOX and SO2 CEMS 
calibration procedures to satisfy Part 60 requirements as proposed, the 
amendments to Sec.  60.13 providing a standard methodology for 
validating partial operating hours, and the amendments to Appendix B of 
Part 60 allowing the calibration drift test be

[[Page 32712]]

conducted over 7 consecutive operating days instead of 7 consecutive 
calendar days and the relative accuracy test audit flexibility (as 
described in docket entry EPA-HQ-OAR-2005-0031-0234). In addition, EPA 
has finalized the option for steam generating units subject to subpart 
D allowing affected owners and operators to choose as an alternative to 
complying with the applicable NOX and SO2 
emission limits in the rule to comply with the 30-day average 
NOX and SO2 standards for modified sources in 
subparts Da and Db, as applicable to the affected source.
    For industrial/commercial/institutional steam generating units 
subject to subpart Db and burning coke oven gas (COG), we have expanded 
the applicability of the 30-day annual exemption from the 
SO2 emissions limit to all units subject to subpart Db that 
burn COG. The amendments to subpart Db promulgated in February 27, 
2006, added this flexibility for those steam generating units 
constructed, reconstructed, or modified after February 28, 2005, to 
account for byproduct plant maintenance. Based on comments we received, 
the amendments promulgated by this action provide the same compliance 
flexibility to the owner or operator of any COG-fired steam generating 
unit subject to subpart Db.
    The final amendments add to subparts D, Da, Db, and Dc monitoring 
alternatives to existing requirements to use COMS for owners and 
operators of steam generating units burning gaseous fuels or low sulfur 
fuel oils. Owners and operators of electric utility steam generating 
units subject to subpart D or Da may elect to use a carbon monoxide 
(CO) CEMS in place of the COMS. Owners and operators of industrial/
commercial/institutional steam generating units subject to subpart Db 
or Dc may elect to either use a CO CEMS or to operate according to a 
site-specific monitoring plan in place of using a COMS.
    Finally, minor revisions to the proposed regulatory language were 
made to clarify specific provisions or to correct unintentional 
technical omissions and terminology, typographical, printing, and 
grammatical errors that were identified in the proposed rule. These 
changes include revising appropriate definitions and requirements in 
subpart Da to clarify the applicability and implementation of the 
subpart Da provisions to integrated coal gasification combined cycle 
electric utility power plants.

IV. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    This action is not a ``significant regulatory action'' under the 
terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is, 
therefore, not subject to review under the Executive Order. EPA has 
concluded that the amendments EPA is promulgating will not change the 
costs or benefits of the rule.

B. Paperwork Reduction Act

     This action does not impose any new information collection burden 
under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et 
seq. The final amendments result in no changes to the information 
collection requirements of the existing standards of performance and 
would have no impact on the information collection estimate of 
projected cost and hour burden made and approved by the Office of 
Management and Budget (OMB) during the development of the existing 
standards of performance. Therefore, the information collection 
requests have not been amended. OMB has previously approved the 
information collection requirements contained in the existing standards 
of performance (40 CFR part 60, subparts D, Da, Db, and Dc) under the 
provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., at 
the time the standards were promulgated on June 11, 1979 (40 CFR part 
60, subpart Da, 44 FR 33580), November 25, 1986 (40 CFR part 60, 
subpart Db, 51 FR 42768), and September 12, 1990 (40 CFR part 60, 
subpart Dc, 55 FR 37674). OMB assigned OMB control numbers 2060-0023 
(ICR 1053.08) for 40 CFR part 60, subpart Da; 2060-0072 (ICR 1088.11) 
for 40 CFR part 60, subpart Db; 2060-0202 (ICR 1564.06) for 40 CFR part 
60, subpart Dc. Copies of the information collection request 
document(s) may be obtained from Susan Auby, Collection Strategies 
Division, U.S. EPA (2822T), 1200 Pennsylvania Ave., NW., Washington, DC 
20460, by e-mail at auby.susan@epa.gov, or by calling (202) 566-1672.
    Burden means the total time, effort, or financial resources 
expended by persons to generate, maintain, retain, or disclose or 
provide information to or for a Federal agency. This includes the time 
needed to review instructions; develop, acquire, install, and utilize 
technology and systems for the purposes of collecting, validating, and 
verifying information, processing and maintaining information, and 
disclosing and providing information; adjust the existing ways to 
comply with any previously applicable instructions and requirements; 
train personnel to be able to respond to a collection of information; 
search data sources; complete and review the collection of information; 
and transmit or otherwise disclose the information.
    An agency may not conduct or sponsor, and a person is not required 
to respond to a collection of information unless it displays a 
currently valid OMB control number. OMB control numbers for EPA's 
regulations in 40 CFR are listed in 40 CFR part 9.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act generally requires an agency to 
prepare a regulatory flexibility analysis of any rule subject to notice 
and comment rulemaking requirements under the Administrative Procedure 
Act or any other statute unless the agency certifies that the rule will 
not have a significant economic impact on a substantial number of small 
entities. Small entities include small businesses, small organizations, 
and small governmental jurisdictions.
    For purposes of assessing the impacts of the final amendments on 
small entities, small entity is defined as: (1) A small business as 
defined by the Small Business Administration's regulations at 13 CFR 
121.201; (2) a small governmental jurisdiction that is a government of 
a city, county, town, school district or special district with a 
population of less than 50,000; and (3) a small organization that is 
any not-for-profit enterprise which is independently owned and operated 
and is not dominant in its field.
    After considering the economic impacts of this final rule on small 
entities, I certify that this action will not have a significant 
economic impact on a substantial number of small entities.
    Although this action will not have a significant economic impact on 
a substantial number of small entities, EPA nonetheless has tried to 
reduce the impact of this rule on small entities. EPA is reducing the 
fuel usage recordkeeping requirement for subpart Dc facilities. In 
addition, EPA is minimizing the continuous opacity monitoring 
requirements for certain oil-fired facilities. EPA has, therefore, 
concluded that this action will relieve regulatory burden for the 
majority of affected small entities. EPA continues to be interested in 
the potential impacts of the rule on small entities and welcomes 
comments on issues related to such impacts.

[[Page 32713]]

D. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public 
Law 104-4, establishes requirements for Federal agencies to assess the 
effects of their regulatory actions on State, local, and tribal 
governments and the private sector. Under section 202 of the UMRA, EPA 
generally must prepare a written statement, including a cost-benefit 
analysis, for proposed and final rules with ``Federal mandates'' that 
may result in expenditures to State, local, and tribal governments, in 
the aggregate, or to the private sector, of $100 million or more in any 
one year. Before promulgating an EPA rule for which a written statement 
is needed, section 205 of the UMRA generally requires EPA to identify 
and consider a reasonable number of regulatory alternatives and adopt 
the least costly, most cost-effective or least burdensome alternative 
that achieves the objectives of the rule. The provisions of section 205 
do not apply when they are inconsistent with applicable law. Moreover, 
section 205 allows EPA to adopt an alternative other than the least 
costly, most cost-effective or least burdensome alternative if the 
Administrator publishes with the final rule an explanation why that 
alternative was not adopted. Before EPA establishes any regulatory 
requirements that may significantly or uniquely affect small 
governments, including tribal governments, it must have developed under 
section 203 of the UMRA a small government agency plan. The plan must 
provide for notifying potentially affected small governments, enabling 
officials of affected small governments to have meaningful and timely 
input in the development of EPA regulatory proposals with significant 
Federal intergovernmental mandates, and informing, educating, and 
advising small governments on compliance with the regulatory 
requirements.
    EPA has determined that the final amendments will contain no 
Federal mandates that may result in expenditures of $100 million or 
more for State, local, and tribal governments, in the aggregate, or the 
private sector in any 1 year. Thus, the final amendments are not 
subject to the requirements of section 202 and 205 of the UMRA. In 
addition, EPA has determined that the final amendments contain no 
regulatory requirements that might significantly or uniquely affect 
small governments because the burden is small and the regulation does 
not unfairly apply to small governments. Therefore, the final 
amendments are not subject to the requirements of section 203 of the 
UMRA.

E. Executive Order 13132: Federalism

    Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August 
10, 1999), requires EPA to develop an accountable process to ensure 
``meaningful and timely input by State and local officials in the 
development of regulatory policies that have federalism implications.'' 
``Policies that have federalism implications'' is defined in the 
Executive Order to include regulations that have ``substantial direct 
effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government.''
    The final amendments do not have federalism implications. They will 
not have substantial direct effects on the States, on the relationship 
between the national government and the States, or on the distribution 
of power and responsibilities among the various levels of government, 
as specified in Executive Order 13132. The final amendments will not 
impose substantial direct compliance costs on State or local 
governments; it will not preempt State law. Thus, Executive Order 13132 
does not apply to the final amendments.

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

    Executive Order 13175, entitled ``Consultation and Coordination 
with Indian Tribal Governments'' (65 FR 67249, November 9, 2000), 
requires EPA to develop an accountable process to ensure ``meaningful 
and timely input by tribal officials in the development of regulatory 
policies that have tribal implications.'' The final amendments do not 
have tribal implications, as specified in Executive Order 13175. While 
utility steam generating units are located on tribal lands EPA is not 
aware of any that are tribally owned. To the extend that institutional 
steam generating units are tribally owned the final amendments will not 
have substantial direct effects 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. Thus, Executive Order 13175 does not 
apply to the final amendments.

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

    Executive Order 13045 (62 FR 19885, April 23, 1997) applies to any 
rule that: (1) Is determined to be ``economically significant'' as 
defined under Executive Order 12866, and (2) concerns an environmental 
health or safety risk that EPA has reason to believe may have a 
disproportionate effect on children. If the regulatory action meets 
both criteria, the Agency must evaluate the environmental health or 
safety effects of the planned rule on children, and explain why the 
planned regulation is preferable to other potentially effective and 
reasonably feasible alternatives considered by the Agency.
    This action is not subject to the Executive Order because it is not 
economically significant as defined under Executive Order 12866, and 
because EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that are based on health or safety risks, such that 
the analysis required under section 5-501 of the Order has the 
potential to influence the regulation. The final amendments are based 
on technology performance and not on health or safety risks and, 
therefore, are not subject to Executive Order 13045.

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

    The final amendments are not a ``significant energy action'': As 
defined in Executive Order 13211, ``Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 
28355, May 22, 2001) because it is not likely to have a significant 
adverse effect on the supply, distribution, or use of energy because it 
only clarifies our intent and corrects errors in the existing rule. 
Further, we have concluded that the final amendments are not likely to 
have any adverse energy effects.

I. National Technology Transfer Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (NTTAA), Public Law 104-113, Section 12(d)(15 U.S.C. 272 
note) directs us to use voluntary consensus standards in our regulatory 
activities unless to do so would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., material specifications, test methods, sampling 
procedures, business practices) developed or adopted by one or more 
voluntary consensus bodies. The NTTAA directs us to provide Congress, 
through OMB, explanations when we decide not use available and 
applicable voluntary consensus standards.

[[Page 32714]]

    This action does not involve any new technical standards or the 
incorporation by reference of existing technical standards. Therefore, 
the consideration of voluntary consensus standards is not relevant to 
this action.

J. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801, et seq., as added by 
the Small Business Regulatory Enforcement Fairness Act of 1996, 
generally provides that before a rule may take effect, the agency 
promulgating the rule must submit a rule report, which includes a copy 
of the rule, to each House of Congress and to the Comptroller General 
of the United States. EPA will submit a report containing these final 
amendments and other required information to the U.S. Senate, the U.S. 
House of Representatives, and the Comptroller General of the United 
States prior to publication of the final rules in the Federal Register. 
A major rule cannot take effect until 60 days after it is published in 
the Federal Register. This action is not a ``major rule'' as defined by 
5 U.S.C. 804(2). These final amendments will be effective on June 13, 
2007.

List of Subjects in 40 CFR Part 60

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

    Dated: April 13, 2007.
Stephen L. Johnson,
Administrator.


0
For the reasons stated in the preamble, title 40, chapter I, part 60, 
of the Code of the Federal Regulations is amended as follows:

PART 60--[AMENDED]

0
1. The authority citation for part 60 continues to read as follows:

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

Subpart A--[Amended]

0
2. Section 60.13 is amended by revising paragraph (h) to read as 
follows:


Sec.  60.13  Monitoring requirements.

* * * * *
    (h)(1) Owners or operators of all continuous monitoring systems for 
measurement of opacity shall reduce all data to 6-minute averages and 
for continuous monitoring systems other than opacity to 1-hour averages 
for time periods as defined in Sec.  60.2. Six-minute opacity averages 
shall be calculated from 36 or more data points equally spaced over 
each 6-minute period.
    (2) For continuous monitoring systems other than opacity, 1-hour 
averages shall be computed as follows, except that the provisions 
pertaining to the validation of partial operating hours are only 
applicable for affected facilities that are required by the applicable 
subpart to include partial hours in the emission calculations:
    (i) Except as provided under paragraph (h)(2)(iii) of this section, 
for a full operating hour (any clock hour with 60 minutes of unit 
operation), at least four valid data points are required to calculate 
the hourly average, i.e., one data point in each of the 15-minute 
quadrants of the hour.
    (ii) Except as provided under paragraph (h)(2)(iii) of this 
section, for a partial operating hour (any clock hour with less than 60 
minutes of unit operation), at least one valid data point in each 15-
minute quadrant of the hour in which the unit operates is required to 
calculate the hourly average.
    (iii) For any operating hour in which required maintenance or 
quality-assurance activities are performed:
    (A) If the unit operates in two or more quadrants of the hour, a 
minimum of two valid data points, separated by at least 15 minutes, is 
required to calculate the hourly average; or
    (B) If the unit operates in only one quadrant of the hour, at least 
one valid data point is required to calculate the hourly average.
    (iv) If a daily calibration error check is failed during any 
operating hour, all data for that hour shall be invalidated, unless a 
subsequent calibration error test is passed in the same hour and the 
requirements of paragraph (h)(2)(iii) of this section are met, based 
solely on valid data recorded after the successful calibration.
    (v) For each full or partial operating hour, all valid data points 
shall be used to calculate the hourly average.
    (vi) Except as provided under paragraph (h)(2)(vii) of this 
section, data recorded during periods of continuous monitoring system 
breakdown, repair, calibration checks, and zero and span adjustments 
shall not be included in the data averages computed under this 
paragraph.
    (vii) Owners and operators complying with the requirements of Sec.  
60.7(f)(1) or (2) must include any data recorded during periods of 
monitor breakdown or malfunction in the data averages.
    (viii) When specified in an applicable subpart, hourly averages for 
certain partial operating hours shall not be computed or included in 
the emission averages (e.g. hours with < 30 minutes of unit operation 
under Sec.  60.47b(d)).
    (ix) Either arithmetic or integrated averaging of all data may be 
used to calculate the hourly averages. The data may be recorded in 
reduced or nonreduced form (e.g., ppm pollutant and percent 
O2 or ng/J of pollutant).
    (3) All excess emissions shall be converted into units of the 
standard using the applicable conversion procedures specified in the 
applicable subpart. After conversion into units of the standard, the 
data may be rounded to the same number of significant digits used in 
the applicable subpart to specify the emission limit.
* * * * *


Sec.  60.17  [Amended]

0
3. Section 60.17 is amended by revising paragraphs (a) and (h)(2) to 
read as follows:
* * * * *
    (a) The following materials are available for purchase from at 
least one of the following addresses: American Society for Testing and 
Materials (ASTM), 100 Barr Harbor Drive, Post Office Box C700, West 
Conshohocken, PA 19428-2959; or ProQuest, 300 North Zeeb Road, Ann 
Arbor, MI 48106.
    (1) ASTM A99-76, 82 (Reapproved 1987), Standard Specification for 
Ferromanganese, incorporation by reference (IBR) approved for Sec.  
60.261.
    (2) ASTM A100-69, 74, 93, Standard Specification for Ferrosilicon, 
IBR approved for Sec.  60.261.
    (3) ASTM A101-73, 93, Standard Specification for Ferrochromium, IBR 
approved for Sec.  60.261.
    (4) ASTM A482-76, 93, Standard Specification for 
Ferrochromesilicon, IBR approved for Sec.  60.261.
    (5) ASTM A483-64, 74 (Reapproved 1988), Standard Specification for 
Silicomanganese, IBR approved for Sec.  60.261.
    (6) ASTM A495-76, 94, Standard Specification for Calcium-Silicon 
and Calcium Manganese-Silicon, IBR approved for Sec.  60.261.
    (7) ASTM D86-78, 82, 90, 93, 95, 96, Distillation of Petroleum 
Products, IBR approved for Sec. Sec.  60.562-2(d), 60.593(d), and 
60.633(h).
    (8) ASTM D129-64, 78, 95, 00, Standard Test Method for Sulfur in 
Petroleum Products (General Bomb Method), IBR approved for Sec. Sec.  
60.106(j)(2), 60.335(b)(10)(i), and Appendix A: Method 19, 12.5.2.2.3.
    (9) ASTM D129-00 (Reapproved 2005), Standard Test Method for Sulfur 
in Petroleum Products (General Bomb Method), IBR approved for Sec.  
60.4415(a)(1)(i).

[[Page 32715]]

    (10) ASTM D240-76, 92, Standard Test Method for Heat of Combustion 
of Liquid Hydrocarbon Fuels by Bomb Calorimeter, IBR approved for 
Sec. Sec.  60.46(c), 60.296(b), and Appendix A: Method 19, Section 
12.5.2.2.3.
    (11) ASTM D270-65, 75, Standard Method of Sampling Petroleum and 
Petroleum Products, IBR approved for Appendix A: Method 19, Section 
12.5.2.2.1.
    (12) ASTM D323-82, 94, Test Method for Vapor Pressure of Petroleum 
Products (Reid Method), IBR approved for Sec. Sec.  60.111(l), 
60.111a(g), 60.111b(g), and 60.116b(f)(2)(ii).
    (13) ASTM D388-77, 90, 91, 95, 98a, 99 (Reapproved 2004) [egr]\1\, 
Standard Specification for Classification of Coals by Rank, IBR 
approved for Sec. Sec.  60.24(h)(8), 60.41 of subpart D of this part, 
60.45(f)(4)(i), 60.45(f)(4)(ii), 60.45(f)(4)(vi), 60.41Da of subpart Da 
of this part, 60.41b of subpart Db of this part, 60.41c of subpart Dc 
of this part, and 60.4102.
    (14) ASTM D388-77, 90, 91, 95, 98a, Standard Specification for 
Classification of Coals by Rank, IBR approved for Sec. Sec.  60.251(b) 
and (c) of subpart Y of this part.
    (15) ASTM D396-78, 89, 90, 92, 96, 98, Standard Specification for 
Fuel Oils, IBR approved for Sec. Sec.  60.41b of subpart Db of this 
part, 60.41c of subpart Dc of this part, 60.111(b) of subpart K of this 
part, and 60.111a(b) of subpart Ka of this part.
    (16) ASTM D975-78, 96, 98a, Standard Specification for Diesel Fuel 
Oils, IBR approved for Sec. Sec.  60.111(b) of subpart K of this part 
and 60.111a(b) of subpart Ka of this part.
    (17) ASTM D1072-80, 90 (Reapproved 1994), Standard Test Method for 
Total Sulfur in Fuel Gases, IBR approved for Sec.  60.335(b)(10)(ii).
    (18) ASTM D1072-90 (Reapproved 1999), Standard Test Method for 
Total Sulfur in Fuel Gases, IBR approved for Sec.  60.4415(a)(1)(ii).
    (19) ASTM D1137-53, 75, Standard Method for Analysis of Natural 
Gases and Related Types of Gaseous Mixtures by the Mass Spectrometer, 
IBR approved for Sec.  60.45(f)(5)(i).
    (20) ASTM D1193-77, 91, Standard Specification for Reagent Water, 
IBR approved for Appendix A: Method 5, Section 7.1.3; Method 5E, 
Section 7.2.1; Method 5F, Section 7.2.1; Method 6, Section 7.1.1; 
Method 7, Section 7.1.1; Method 7C, Section 7.1.1; Method 7D, Section 
7.1.1; Method 10A, Section 7.1.1; Method 11, Section 7.1.3; Method 12, 
Section 7.1.3; Method 13A, Section 7.1.2; Method 26, Section 7.1.2; 
Method 26A, Section 7.1.2; and Method 29, Section 7.2.2.
    (21) ASTM D1266-87, 91, 98, Standard Test Method for Sulfur in 
Petroleum Products (Lamp Method), IBR approved for Sec. Sec.  
60.106(j)(2) and 60.335(b)(10)(i).
    (22) ASTM D1266-98 (Reapproved 2003)e1, Standard Test Method for 
Sulfur in Petroleum Products (Lamp Method), IBR approved for Sec.  
60.4415(a)(1)(i).
    (23) ASTM D1475-60 (Reapproved 1980), 90, Standard Test Method for 
Density of Paint, Varnish Lacquer, and Related Products, IBR approved 
for Sec.  60.435(d)(1), Appendix A: Method 24, Section 6.1; and Method 
24A, Sections 6.5 and 7.1.
    (24) ASTM D1552-83, 95, 01, Standard Test Method for Sulfur in 
Petroleum Products (High-Temperature Method), IBR approved for 
Sec. Sec.  60.106(j)(2), 60.335(b)(10)(i), and Appendix A: Method 19, 
Section 12.5.2.2.3.
    (25) ASTM D1552-03, Standard Test Method for Sulfur in Petroleum 
Products (High-Temperature Method), IBR approved for Sec.  
60.4415(a)(1)(i).
    (26) ASTM D1826-77, 94, Standard Test Method for Calorific Value of 
Gases in Natural Gas Range by Continuous Recording Calorimeter, IBR 
approved for Sec. Sec.  60.45(f)(5)(ii), 60.46(c)(2), 60.296(b)(3), and 
Appendix A: Method 19, Section 12.3.2.4.
    (27) ASTM D1835-87, 91, 97, 03a, Standard Specification for 
Liquefied Petroleum (LP) Gases, IBR approved for Sec. Sec.  60.41Da of 
subpart Da of this part, 60.41b of subpart Db of this part, and 60.41c 
of subpart Dc of this part.
    (28) ASTM D1945-64, 76, 91, 96, Standard Method for Analysis of 
Natural Gas by Gas Chromatography, IBR approved for Sec.  
60.45(f)(5)(i).
    (29) ASTM D1946-77, 90 (Reapproved 1994), Standard Method for 
Analysis of Reformed Gas by Gas Chromatography, IBR approved for 
Sec. Sec.  60.18(f)(3), 60.45(f)(5)(i), 60.564(f)(1), 60.614(e)(2)(ii), 
60.614(e)(4), 60.664(e)(2)(ii), 60.664(e)(4), 60.704(d)(2)(ii), and 
60.704(d)(4).
    (30) ASTM D2013-72, 86, Standard Method of Preparing Coal Samples 
for Analysis, IBR approved for Appendix A: Method 19, Section 
12.5.2.1.3.
    (31) ASTM D2015-77 (Reapproved 1978), 96, Standard Test Method for 
Gross Calorific Value of Solid Fuel by the Adiabatic Bomb Calorimeter, 
IBR approved for Sec.  60.45(f)(5)(ii), 60.46(c)(2), and Appendix A: 
Method 19, Section 12.5.2.1.3.
    (32) ASTM D2016-74, 83, Standard Test Methods for Moisture Content 
of Wood, IBR approved for Appendix A: Method 28, Section 16.1.1.
    (33) ASTM D2234-76, 96, 97b, 98, Standard Methods for Collection of 
a Gross Sample of Coal, IBR approved for Appendix A: Method 19, Section 
12.5.2.1.1.
    (34) ASTM D2369-81, 87, 90, 92, 93, 95, Standard Test Method for 
Volatile Content of Coatings, IBR approved for Appendix A: Method 24, 
Section 6.2.
    (35) ASTM D2382-76, 88, Heat of Combustion of Hydrocarbon Fuels by 
Bomb Calorimeter (High-Precision Method), IBR approved for Sec. Sec.  
60.18(f)(3), 60.485(g)(6), 60.564(f)(3), 60.614(e)(4), 60.664(e)(4), 
and 60.704(d)(4).
    (36) ASTM D2504-67, 77, 88 (Reapproved 1993), Noncondensable Gases 
in C3 and Lighter Hydrocarbon Products by Gas Chromatography, IBR 
approved for Sec.  60.485(g)(5).
    (37) ASTM D2584-68 (Reapproved 1985), 94, Standard Test Method for 
Ignition Loss of Cured Reinforced Resins, IBR approved for Sec.  
60.685(c)(3)(i).
    (38) ASTM D2597-94 (Reapproved 1999), Standard Test Method for 
Analysis of Demethanized Hydrocarbon Liquid Mixtures Containing 
Nitrogen and Carbon Dioxide by Gas Chromatography, IBR approved for 
Sec.  60.335(b)(9)(i).
    (39) ASTM D2622-87, 94, 98, Standard Test Method for Sulfur in 
Petroleum Products by Wavelength Dispersive X-Ray Fluorescence 
Spectrometry, IBR approved for Sec. Sec.  60.106(j)(2) and 
60.335(b)(10)(i).
    (40) ASTM D2622-05, Standard Test Method for Sulfur in Petroleum 
Products by Wavelength Dispersive X-Ray Fluorescence Spectrometry, IBR 
approved for Sec.  60.4415(a)(1)(i).
    (41) ASTM D2879-83, 96, 97, Test Method for Vapor Pressure-
Temperature Relationship and Initial Decomposition Temperature of 
Liquids by Isoteniscope, IBR approved for Sec. Sec.  60.111b(f)(3), 
60.116b(e)(3)(ii), 60.116b(f)(2)(i), and 60.485(e)(1).
    (42) ASTM D2880-78, 96, Standard Specification for Gas Turbine Fuel 
Oils, IBR approved for Sec. Sec.  60.111(b), 60.111a(b), and 60.335(d).
    (43) ASTM D2908-74, 91, Standard Practice for Measuring Volatile 
Organic Matter in Water by Aqueous-Injection Gas Chromatography, IBR 
approved for Sec.  60.564(j).
    (44) ASTM D2986-71, 78, 95a, Standard Method for Evaluation of Air, 
Assay Media by the Monodisperse DOP (Dioctyl Phthalate) Smoke Test, IBR 
approved for Appendix A: Method 5, Section 7.1.1; Method 12, Section 
7.1.1; and Method 13A, Section 7.1.1.2.
    (45) ASTM D3173-73, 87, Standard Test Method for Moisture in the

[[Page 32716]]

Analysis Sample of Coal and Coke, IBR approved for Appendix A: Method 
19, Section 12.5.2.1.3.
    (46) ASTM D3176-74, 89, Standard Method for Ultimate Analysis of 
Coal and Coke, IBR approved for Sec.  60.45(f)(5)(i) and Appendix A: 
Method 19, Section 12.3.2.3.
    (47) ASTM D3177-75, 89, Standard Test Method for Total Sulfur in 
the Analysis Sample of Coal and Coke, IBR approved for Appendix A: 
Method 19, Section 12.5.2.1.3.
    (48) ASTM D3178-73 (Reapproved 1979), 89, Standard Test Methods for 
Carbon and Hydrogen in the Analysis Sample of Coal and Coke, IBR 
approved for Sec.  60.45(f)(5)(i).
    (49) ASTM D3246-81, 92, 96, Standard Test Method for Sulfur in 
Petroleum Gas by Oxidative Microcoulometry, IBR approved for Sec.  
60.335(b)(10)(ii).
    (50) ASTM D3246-05, Standard Test Method for Sulfur in Petroleum 
Gas by Oxidative Microcoulometry, IBR approved for Sec.  
60.4415(a)(1)(ii).
    (51) ASTM D3270-73T, 80, 91, 95, Standard Test Methods for Analysis 
for Fluoride Content of the Atmosphere and Plant Tissues (Semiautomated 
Method), IBR approved for Appendix A: Method 13A, Section 16.1.
    (52) ASTM D3286-85, 96, Standard Test Method for Gross Calorific 
Value of Coal and Coke by the Isoperibol Bomb Calorimeter, IBR approved 
for Appendix A: Method 19, Section 12.5.2.1.3.
    (53) ASTM D3370-76, 95a, Standard Practices for Sampling Water, IBR 
approved for Sec.  60.564(j).
    (54) ASTM D3792-79, 91, Standard Test Method for Water Content of 
Water-Reducible Paints by Direct Injection into a Gas Chromatograph, 
IBR approved for Appendix A: Method 24, Section 6.3.
    (55) ASTM D4017-81, 90, 96a, Standard Test Method for Water in 
Paints and Paint Materials by the Karl Fischer Titration Method, IBR 
approved for Appendix A: Method 24, Section 6.4.
    (56) ASTM D4057-81, 95, Standard Practice for Manual Sampling of 
Petroleum and Petroleum Products, IBR approved for Appendix A: Method 
19, Section 12.5.2.2.3.
    (57) ASTM D4057-95 (Reapproved 2000), Standard Practice for Manual 
Sampling of Petroleum and Petroleum Products, IBR approved for Sec.  
60.4415(a)(1).
    (58) ASTM D4084-82, 94, Standard Test Method for Analysis of 
Hydrogen Sulfide in Gaseous Fuels (Lead Acetate Reaction Rate Method), 
IBR approved for Sec.  60.334(h)(1).
    (59) ASTM D4084-05, Standard Test Method for Analysis of Hydrogen 
Sulfide in Gaseous Fuels (Lead Acetate Reaction Rate Method), IBR 
approved for Sec. Sec.  60.4360 and 60.4415(a)(1)(ii).
    (60) ASTM D4177-95, Standard Practice for Automatic Sampling of 
Petroleum and Petroleum Products, IBR approved for Appendix A: Method 
19, Section 12.5.2.2.1.
    (61) ASTM D4177-95 (Reapproved 2000), Standard Practice for 
Automatic Sampling of Petroleum and Petroleum Products, IBR approved 
for Sec.  60.4415(a)(1).
    (62) ASTM D4239-85, 94, 97, Standard Test Methods for Sulfur in the 
Analysis Sample of Coal and Coke Using High Temperature Tube Furnace 
Combustion Methods, IBR approved for Appendix A: Method 19, Section 
12.5.2.1.3.
    (63) ASTM D4294-02, Standard Test Method for Sulfur in Petroleum 
and Petroleum Products by Energy-Dispersive X-Ray Fluorescence 
Spectrometry, IBR approved for Sec.  60.335(b)(10)(i).
    (64) ASTM D4294-03, Standard Test Method for Sulfur in Petroleum 
and Petroleum Products by Energy-Dispersive X-Ray Fluorescence 
Spectrometry, IBR approved for Sec.  60.4415(a)(1)(i).
    (65) ASTM D4442-84, 92, Standard Test Methods for Direct Moisture 
Content Measurement in Wood and Wood-base Materials, IBR approved for 
Appendix A: Method 28, Section 16.1.1.
    (66) ASTM D4444-92, Standard Test Methods for Use and Calibration 
of Hand-Held Moisture Meters, IBR approved for Appendix A: Method 28, 
Section 16.1.1.
    (67) ASTM D4457-85 (Reapproved 1991), Test Method for Determination 
of Dichloromethane and 1, 1, 1-Trichloroethane in Paints and Coatings 
by Direct Injection into a Gas Chromatograph, IBR approved for Appendix 
A: Method 24, Section 6.5.
    (68) ASTM D4468-85 (Reapproved 2000), Standard Test Method for 
Total Sulfur in Gaseous Fuels by Hydrogenolysis and Rateometric 
Colorimetry, IBR approved for Sec. Sec.  60.335(b)(10)(ii) and 
60.4415(a)(1)(ii).
    (69) ASTM D4629-02, Standard Test Method for Trace Nitrogen in 
Liquid Petroleum Hydrocarbons by Syringe/Inlet Oxidative Combustion and 
Chemiluminescence Detection, IBR approved for Sec. Sec.  60.49b(e) and 
60.335(b)(9)(i).
    (70) ASTM D4809-95, Standard Test Method for Heat of Combustion of 
Liquid Hydrocarbon Fuels by Bomb Calorimeter (Precision Method), IBR 
approved for Sec. Sec.  60.18(f)(3), 60.485(g)(6), 60.564(f)(3), 
60.614(d)(4), 60.664(e)(4), and 60.704(d)(4).
    (71) ASTM D4810-88 (Reapproved 1999), Standard Test Method for 
Hydrogen Sulfide in Natural Gas Using Length of Stain Detector Tubes, 
IBR approved for Sec. Sec.  60.4360 and 60.4415(a)(1)(ii).
    (72) ASTM D5287-97 (Reapproved 2002), Standard Practice for 
Automatic Sampling of Gaseous Fuels, IBR approved for Sec.  
60.4415(a)(1).
    (73) ASTM D5403-93, Standard Test Methods for Volatile Content of 
Radiation Curable Materials, IBR approved for Appendix A: Method 24, 
Section 6.6.
    (74) ASTM D5453-00, Standard Test Method for Determination of Total 
Sulfur in Light Hydrocarbons, Motor Fuels and Oils by Ultraviolet 
Fluorescence, IBR approved for Sec.  60.335(b)(10)(i).
    (75) ASTM D5453-05, Standard Test Method for Determination of Total 
Sulfur in Light Hydrocarbons, Motor Fuels and Oils by Ultraviolet 
Fluorescence, IBR approved for Sec.  60.4415(a)(1)(i).
    (76) ASTM D5504-01, Standard Test Method for Determination of 
Sulfur Compounds in Natural Gas and Gaseous Fuels by Gas Chromatography 
and Chemiluminescence, IBR approved for Sec. Sec.  60.334(h)(1) and 
60.4360.
    (77) ASTM D5762-02, Standard Test Method for Nitrogen in Petroleum 
and Petroleum Products by Boat-Inlet Chemiluminescence, IBR approved 
for Sec.  60.335(b)(9)(i).
    (78) ASTM D5865-98, Standard Test Method for Gross Calorific Value 
of Coal and Coke, IBR approved for Sec.  60.45(f)(5)(ii), 60.46(c)(2), 
and Appendix A: Method 19, Section 12.5.2.1.3.
    (79) ASTM D6216-98, Standard Practice for Opacity Monitor 
Manufacturers to Certify Conformance with Design and Performance 
Specifications, IBR approved for Appendix B, Performance Specification 
1.
    (80) ASTM D6228-98, Standard Test Method for Determination of 
Sulfur Compounds in Natural Gas and Gaseous Fuels by Gas Chromatography 
and Flame Photometric Detection, IBR approved for Sec.  60.334(h)(1).
    (81) ASTM D6228-98 (Reapproved 2003), Standard Test Method for 
Determination of Sulfur Compounds in Natural Gas and Gaseous Fuels by 
Gas Chromatography and Flame Photometric Detection, IBR approved for 
Sec. Sec.  60.4360 and 60.4415.
    (82) ASTM D6348-03, Standard Test Method for Determination of 
Gaseous Compounds by Extractive Direct Interface Fourier Transform 
Infrared

[[Page 32717]]

(FTIR) Spectroscopy, IBR approved for table 7 of Subpart IIII of this 
part.
    (83) ASTM D6366-99, Standard Test Method for Total Trace Nitrogen 
and Its Derivatives in Liquid Aromatic Hydrocarbons by Oxidative 
Combustion and Electrochemical Detection, IBR approved for Sec.  
60.335(b)(9)(i).
    (84) ASTM D6522-00, Standard Test Method for Determination of 
Nitrogen Oxides, Carbon Monoxide, and Oxygen Concentrations in 
Emissions from Natural Gas-Fired Reciprocating Engines, Combustion 
Turbines, Boilers, and Process Heaters Using Portable Analyzers, IBR 
approved for Sec.  60.335(a).
    (85) ASTM D6667-01, Standard Test Method for Determination of Total 
Volatile Sulfur in Gaseous Hydrocarbons and Liquefied Petroleum Gases 
by Ultraviolet Fluorescence, IBR approved for Sec.  60.335(b)(10)(ii).
    (86) ASTM D6667-04, Standard Test Method for Determination of Total 
Volatile Sulfur in Gaseous Hydrocarbons and Liquefied Petroleum Gases 
by Ultraviolet Fluorescence, IBR approved for Sec.  60.4415(a)(1)(ii).
    (87) ASTM D6784-02, Standard Test Method for Elemental, Oxidized, 
Particle-Bound and Total Mercury in Flue Gas Generated from Coal-Fired 
Stationary Sources (Ontario Hydro Method), IBR approved for Appendix B 
to part 60, Performance Specification 12A, Section 8.6.2.
    (88) ASTM E168-67, 77, 92, General Techniques of Infrared 
Quantitative Analysis, IBR approved for Sec. Sec.  60.593(b)(2) and 
60.632(f).
    (89) ASTM E169-63, 77, 93, General Techniques of Ultraviolet 
Quantitative Analysis, IBR approved for Sec. Sec.  60.593(b)(2) and 
60.632(f).
    (90) ASTM E260-73, 91, 96, General Gas Chromatography Procedures, 
IBR approved for Sec. Sec.  60.593(b)(2) and 60.632(f).
* * * * *
    (h) * * *
    (2) ASME PTC 4.1-1964 (Reaffirmed 1991), Power Test Codes: Test 
Code for Steam Generating Units (with 1968 and 1969 Addenda), IBR 
approved for Sec. Sec.  60.46b of subpart Db of this part, 
60.58a(h)(6)(ii), 60.58b(i)(6)(ii), 60.1320(a)(3) and 60.1810(a)(3).
* * * * *

Subpart D--[Amended]

0
4. Part 60 is amended by revising subpart D to read as follows:
Subpart D--Standards of Performance for Fossil-Fuel-Fired Steam 
Generators for Which Construction Is Commenced After August 17, 1971
Sec.
60.40 Applicability and designation of affected facility.
60.41 Definitions.
60.42 Standard for particulate matter (PM).
60.43 Standard for sulfur dioxide (SO2).
60.44 Standard for nitrogen oxides (NOX).
60.45 Emission and fuel monitoring.
60.46 Test methods and procedures.

Subpart D--Standards of Performance for Fossil-Fuel-Fired Steam 
Generators for Which Construction Is Commenced After August 17, 
1971


Sec.  60.40  Applicability and designation of affected facility.

    (a) The affected facilities to which the provisions of this subpart 
apply are:
    (1) Each fossil-fuel-fired steam generating unit of more than 73 
megawatts (MW) heat input rate (250 million British thermal units per 
hour (MMBtu/hr)).
    (2) Each fossil-fuel and wood-residue-fired steam generating unit 
capable of firing fossil fuel at a heat input rate of more than 73 MW 
(250 MMBtu/hr).
    (b) Any change to an existing fossil-fuel-fired steam generating 
unit to accommodate the use of combustible materials, other than fossil 
fuels as defined in this subpart, shall not bring that unit under the 
applicability of this subpart.
    (c) Except as provided in paragraph (d) of this section, any 
facility under paragraph (a) of this section that commenced 
construction or modification after August 17, 1971, is subject to the 
requirements of this subpart.
    (d) The requirements of Sec. Sec.  60.44 (a)(4), (a)(5), (b) and 
(d), and 60.45(f)(4)(vi) are applicable to lignite-fired steam 
generating units that commenced construction or modification after 
December 22, 1976.
    (e) Any facility covered under subpart Da is not covered under this 
subpart.


Sec.  60.41  Definitions.

    As used in this subpart, all terms not defined herein shall have 
the meaning given them in the Act, and in subpart A of this part.
    Boiler operating day means a 24-hour period between 12 midnight and 
the following midnight during which any fuel is combusted at any time 
in the steam-generating unit. It is not necessary for fuel to be 
combusted the entire 24-hour period.
    Coal means all solid fuels classified as anthracite, bituminous, 
subbituminous, or lignite by ASTM D388 (incorporated by reference, see 
Sec.  60.17).
    Coal refuse means waste-products of coal mining, cleaning, and coal 
preparation operations (e.g. culm, gob, etc.) containing coal, matrix 
material, clay, and other organic and inorganic material.
    Fossil fuel means natural gas, petroleum, coal, and any form of 
solid, liquid, or gaseous fuel derived from such materials for the 
purpose of creating useful heat.
    Fossil fuel and wood residue-fired steam generating unit means a 
furnace or boiler used in the process of burning fossil fuel and wood 
residue for the purpose of producing steam by heat transfer.
    Fossil-fuel-fired steam generating unit means a furnace or boiler 
used in the process of burning fossil fuel for the purpose of producing 
steam by heat transfer.
    Wood residue means bark, sawdust, slabs, chips, shavings, mill 
trim, and other wood products derived from wood processing and forest 
management operations.


Sec.  60.42  Standard for particulate matter (PM).

    (a) On and after the date on which the performance test required to 
be conducted by Sec.  60.8 is completed, no owner or operator subject 
to the provisions of this subpart shall cause to be discharged into the 
atmosphere from any affected facility any gases that:
    (1) Contain PM in excess of 43 nanograms per joule (ng/J) heat 
input (0.10 lb/MMBtu) derived from fossil fuel or fossil fuel and wood 
residue.
    (2) Exhibit greater than 20 percent opacity except for one six-
minute period per hour of not more than 27 percent opacity.
    (b)(1) On or after December 28, 1979, no owner or operator shall 
cause to be discharged into the atmosphere from the Southwestern Public 
Service Company's Harrington Station 1, in Amarillo, TX, any 
gases which exhibit greater than 35 percent opacity, except that a 
maximum or 42 percent opacity shall be permitted for not more than 6 
minutes in any hour.
    (2) Interstate Power Company shall not cause to be discharged into 
the atmosphere from its Lansing Station Unit No. 4 in Lansing, IA, any 
gases which exhibit greater than 32 percent opacity, except that a 
maximum of 39 percent opacity shall be permitted for not more than six 
minutes in any hour.


Sec.  60.43  Standard for sulfur dioxide (SO2).

    (a) Except as provided under paragraph (d) of this section, on and 
after the date on which the performance test required to be conducted 
by Sec.  60.8 is completed, no owner or operator subject to the 
provisions of this subpart shall cause to be discharged into the 
atmosphere from any affected facility any gases that contain 
SO2 in excess of:

[[Page 32718]]

    (1) 340 ng/J heat input (0.80 lb/MMBtu) derived from liquid fossil 
fuel or liquid fossil fuel and wood residue.
    (2) 520 ng/J heat input (1.2 lb/MMBtu) derived from solid fossil 
fuel or solid fossil fuel and wood residue, except as provided in 
paragraph (e) of this section.
    (b) Except as provided under paragraph (d) of this section, when 
different fossil fuels are burned simultaneously in any combination, 
the applicable standard (in ng/J) shall be determined by proration 
using the following formula:
[GRAPHIC] [TIFF OMITTED] TR13JN07.000

Where:

PSSO2 = Prorated standard for SO2 when burning 
different fuels simultaneously, in ng/J heat input derived from all 
fossil fuels or from all fossil fuels and wood residue fired;
y = Percentage of total heat input derived from liquid fossil fuel; 
and
z = Percentage of total heat input derived from solid fossil fuel.

    (c) Compliance shall be based on the total heat input from all 
fossil fuels burned, including gaseous fuels.
    (d) As an alternate to meeting the requirements of paragraphs (a) 
and (b) of this section, an owner or operator can petition the 
Administrator (in writing) to comply with Sec.  60.43Da(i)(3) of 
subpart Da of this part or comply with Sec.  60.42b(k) of subpart Db of 
this part, as applicable to the affected source. If the Administrator 
grants the petition, the source will from then on (unless the unit is 
modified or reconstructed in the future) have to comply with the 
requirements in Sec.  60.43Da(i)(3) of subpart Da of this part or Sec.  
60.42b(k) of subpart Db of this part, as applicable to the affected 
source.
    (e) Units 1 and 2 (as defined in appendix G of this part) at the 
Newton Power Station owned or operated by the Central Illinois Public 
Service Company will be in compliance with paragraph (a)(2) of this 
section if Unit 1 and Unit 2 individually comply with paragraph (a)(2) 
of this section or if the combined emission rate from Units 1 and 2 
does not exceed 470 ng/J (1.1 lb/MMBtu) combined heat input to Units 1 
and 2.


Sec.  60.44  Standard for nitrogen oxides (NOX).

    (a) Except as provided under paragraph (e) of this section, on and 
after the date on which the performance test required to be conducted 
by Sec.  60.8 is completed, no owner or operator subject to the 
provisions of this subpart shall cause to be discharged into the 
atmosphere from any affected facility any gases that contain 
NOX, expressed as NO2 in excess of:
    (1) 86 ng/J heat input (0.20 lb/MMBtu) derived from gaseous fossil 
fuel.
    (2) 129 ng/J heat input (0.30 lb/MMBtu) derived from liquid fossil 
fuel, liquid fossil fuel and wood residue, or gaseous fossil fuel and 
wood residue.
    (3) 300 ng/J heat input (0.70 lb/MMBtu) derived from solid fossil 
fuel or solid fossil fuel and wood residue (except lignite or a solid 
fossil fuel containing 25 percent, by weight, or more of coal refuse).
    (4) 260 ng/J heat input (0.60 lb MMBtu) derived from lignite or 
lignite and wood residue (except as provided under paragraph (a)(5) of 
this section).
    (5) 340 ng/J heat input (0.80 lb MMBtu) derived from lignite which 
is mined in North Dakota, South Dakota, or Montana and which is burned 
in a cyclone-fired unit.
    (b) Except as provided under paragraphs (c), (d), and (e) of this 
section, when different fossil fuels are burned simultaneously in any 
combination, the applicable standard (in ng/J) is determined by 
proration using the following formula:
[GRAPHIC] [TIFF OMITTED] TR13JN07.001

Where:

PSNOx = Prorated standard for NOX 
when burning different fuels simultaneously, in ng/J heat input 
derived from all fossil fuels fired or from all fossil fuels and 
wood residue fired;
w = Percentage of total heat input derived from lignite;
x = Percentage of total heat input derived from gaseous fossil fuel;
y = Percentage of total heat input derived from liquid fossil fuel; 
and
z = Percentage of total heat input derived from solid fossil fuel 
(except lignite).

    (c) When a fossil fuel containing at least 25 percent, by weight, 
of coal refuse is burned in combination with gaseous, liquid, or other 
solid fossil fuel or wood residue, the standard for NOX does 
not apply.
    (d) Except as provided under paragraph (e) of this section, 
cyclone-fired units which burn fuels containing at least 25 percent of 
lignite that is mined in North Dakota, South Dakota, or Montana remain 
subject to paragraph (a)(5) of this section regardless of the types of 
fuel combusted in combination with that lignite.
    (e) As an alternate to meeting the requirements of paragraphs (a), 
(b), and (d) of this section, an owner or operator can petition the 
Administrator (in writing) to comply with Sec.  60.44Da(e)(3) of 
subpart Da of this part. If the Administrator grants the petition, the 
source will from then on (unless the unit is modified or reconstructed 
in the future) have to comply with the requirements in Sec.  
60.44Da(e)(3) of subpart Da of this part.


Sec.  60.45  Emissions and fuel monitoring.

    (a) Each owner or operator shall install, calibrate, maintain, and 
operate continuous emissions monitoring systems (CEMS) for measuring 
the opacity of emissions, SO2 emissions, NOX 
emissions, and either oxygen (O2) or carbon dioxide 
(CO2) except as provided in paragraph (b) of this section.
    (b) Certain of the CEMS requirements under paragraph (a) of this 
section do not apply to owners or operators under the following 
conditions:
    (1) For a fossil-fuel-fired steam generator that burns only gaseous 
fossil fuel and that does not use post-combustion technology to reduce 
emissions of SO2 or PM, CEMS for measuring the opacity of