National Emission Standards for Hazardous Air Pollutants for Area Sources: Industrial, Commercial, and Institutional Boilers, 15554-15606 [2011-4493]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 76, Number 54 (Monday, March 21, 2011)]
[Rules and Regulations]
[Pages 15554-15606]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-4493]



[[Page 15553]]

Vol. 76

Monday,

No. 54

March 21, 2011

Part IV





Environmental Protection Agency





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40 CFR Part 63



National Emission Standards for Hazardous Air Pollutants for Area 
Sources: Industrial, Commercial, and Institutional Boilers; Final Rule

Federal Register / Vol. 76 , No. 54 / Monday, March 21, 2011 / Rules 
and Regulations

[[Page 15554]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-HQ-OAR-2006-0790; FRL-9273-5]
RIN 2060-AM44


National Emission Standards for Hazardous Air Pollutants for Area 
Sources: Industrial, Commercial, and Institutional Boilers

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is promulgating national emission standards for control of 
hazardous air pollutants from two area source categories: Industrial 
boilers and commercial and institutional boilers. The final emission 
standards for control of mercury and polycyclic organic matter 
emissions from coal-fired area source boilers are based on the maximum 
achievable control technology. The final emission standards for control 
of hazardous air pollutants emissions from biomass-fired and oil-fired 
area source boilers are based on EPA's determination as to what 
constitutes the generally available control technology or management 
practices.

DATES: Effective Date: This final rule is effective on May 20, 2011. 
The incorporation by reference of certain publications listed in this 
final rule were approved by the Director of the Federal Register as of 
May 20, 2011.

ADDRESSES: EPA established a docket under Docket ID No. EPA-HQ-OAR-
2006-0790 for this action. All documents in the docket are listed on 
the https://www.regulations.gov Web site. Although listed in the index, 
some information is not publicly available, e.g., CBI or other 
information whose disclosure is restricted by statute. Certain other 
material, such as copyrighted material, is not placed on the Internet 
and will be publicly available only in hard copy form. Publicly 
available docket materials are available either electronically through 
https://www.regulations.gov or in hard copy at EPA's Docket Center, 
Public Reading Room, EPA West Building, Room 3334, 1301 Constitution 
Ave., NW., Washington, DC. 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: Mr. James Eddinger, Energy Strategies 
Group, Sector Policies and Programs Division, (D243-01), Office of Air 
Quality Planning and Standards, U.S. Environmental Protection Agency, 
Research Triangle Park, North Carolina 27711; Telephone number: (919) 
541-5426; Fax number (919) 541-5450; e-mail address: 
eddinger.jim@epa.gov.

SUPPLEMENTARY INFORMATION:
    Acronyms and Abbreviations. The following acronyms and 
abbreviations are used in this document.

    Btu British thermal unit
CAA Clean Air Act
CBI Confidential Business Information
CEMS Continuous Emission Monitoring System
CFR Code of Federal Regulations
CO Carbon monoxide
ERT Electronic Reporting Tool
FR Federal Register
GACT Generally Available Control Technology
HAP Hazardous Air Pollutant
HCl Hydrogen chloride
ICR Information Collection Request
kWh Kilowatt hour
MACT Maximum Achievable Control Technology
MMBtu/h Million Btu per hour
NAICS North American Industry Classification System
NESHAP National Emission Standards for Hazardous Air Pollutants
NOX Nitrogen oxides
NSPS New Source Performance Standards
PM Particulate matter
PM2.5 Fine particulate matter
POM Polycyclic organic matter
ppm Parts per million
RCRA Resource Conservation and Recovery Act
TBtu Trillion British thermal units
tpy Tons per year
SO2 Sulfur dioxide
UPL Upper Prediction limit
VOC Volatile organic compound

    Organization of This Document. The information 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
    A. What is the statutory authority and regulatory approach for 
this final rule?
    B. What source categories are affected by the standards?
    C. What is the relationship between this rule and other related 
national emission standards?
    D. How did we gather information for this rule?
    E. How are the area source boiler HAP addressed by this rule?
    F. What are the costs and benefits of this final rule?
III. Summary of This Final Rule
    A. Do these standards apply to my source?
    B. What is the affected source?
    C. When must I comply with the final standards?
    D. What are the MACT and GACT standards?
    E. What are the Startup, Shutdown, and Malfunction (SSM) 
requirements?
    F. What are the initial compliance requirements?
    G. What are the continuous compliance requirements?
    H. What are the notification, recordkeeping and reporting 
requirements?
    I. Submission of Emissions Test Results to EPA
IV. Summary of Significant Changes Following Proposal
    A. Changes to Subcategories
    B. Change From MACT to GACT for Biomass and Oil Subcategories
    C. MACT Floor UPL Methodology/Emission Limits
    D. Clarification of Energy Assessment Requirements
    E. Revised Subcategory Limits
    F. Demonstrating Compliance
    G. Affirmative Defense
    H. Technical/Editorial Corrections
V. Significant Area Source Public Comments and Rationale for Changes 
to Proposed Rule
    A. Legal and Applicability Issues
    B. CO Limits
    C. MACT Floor Analysis
    D. Beyond the Floor Analysis
    E. GACT Standards
    F. Subcategories
    G. Startup, Shutdown, and Malfunction
    H. Compliance Requirements
    I. Cost/Economic Impacts
    J. Title V Permitting Requirements
VI. Relationship of this Action to CAA Section 112(c)(6)
VII. Summary of the Impacts of This Final Rule
    A. What are the air impacts?
    B. What are the cost impacts?
    C. What are the economic impacts?
    D. What are the benefits?
    E. What are the water and solid waste impacts?
    F. What are the energy impacts?
VIII. Statutory and Executive Order Review
    A. Executive Order 12866 and 13563: Regulatory Planning and 
Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act, as Amended by the Small Business 
Regulatory Enforcement Fairness Act of 1996
    D. Unfunded Mandates Reform Act of 1995
    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
    J. Executive Order 12898: Federal Actions To Address 
Environmental Justice in Minority Populations and Low-Income 
Populations
    K. Congressional Review Act

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I. General Information

A. Does this action apply to me?

    The regulated categories and entities potentially affected by the 
final standards include:

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                                                  NAICS
                    Category                      code                Examples of regulated entities
                                                   \1\
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Any area source facility using a boiler as          321  Wood product manufacturing.
 defined in this proposed rule.
                                                     11  Agriculture, greenhouses.
                                                    311  Food manufacturing.
                                                    327  Nonmetallic mineral product manufacturing.
                                                    424  Wholesale trade, nondurable goods.
                                                    531  Real estate.
                                                    611  Educational services.
                                                    813  Religious, civic, professional, and similar
                                                          organizations.
                                                     92  Public administration.
                                                    722  Food services and drinking places.
                                                     62  Health care and social assistance.
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\1\ North American Industry Classification System.

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be affected by this 
action. To determine whether your facility, company, business, 
organization, etc., is regulated by this action, you should examine the 
applicability criteria in 40 CFR 63.11193 of subpart JJJJJJ (National 
Emission Standards for Hazardous Air Pollutants for Industrial, 
Commercial, and Institutional Boilers Area Sources). If you have any 
questions regarding the applicability of this action to a particular 
entity, consult either the delegated regulatory authority for the 
entity or your 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 the 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 CAA, judicial review of this final 
rule is available only by filing a petition for review in the U.S. 
Court of Appeals for the District of Columbia Circuit (the Court) by 
May 20, 2011. Under CAA section 307(d)(7)(B), only an objection to this 
final rule that was raised with reasonable specificity during the 
period for public comment can be raised during judicial review. CAA 
section 307(d)(7)(B) also provides a mechanism for EPA to convene a 
proceeding for reconsideration, ``[i]f the person raising an objection 
can demonstrate to 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 to us should submit a Petition for 
Reconsideration to the Office of the Administrator, Environmental 
Protection Agency, Room 3000, Ariel Rios Building, 1200 Pennsylvania 
Ave., NW., Washington, DC 20460, with a copy to the person listed in 
the preceding FOR FURTHER GENERAL INFORMATION CONTACT section, and the 
Associate General Counsel for the Air and Radiation Law Office, Office 
of General Counsel (Mail Code 2344A), Environmental Protection Agency, 
1200 Pennsylvania Ave., NW., Washington, DC 20004. Note, under CAA 
section 307(b)(2), the requirements established by this final rule may 
not be challenged separately in any civil or criminal proceedings 
brought by EPA to enforce these requirements.

II. Background Information

A. What is the statutory authority and regulatory approach for this 
final rule?

    Section 112(d) of the CAA requires us to establish NESHAP for both 
major and area sources of HAP that are listed for regulation under CAA 
section 112(c). A major source emits or has the potential to emit 10 
tpy or more of any single HAP or 25 tpy or more of any combination of 
HAP. An area source is a HAP-emitting stationary source that is not a 
major source.
    Section 112(k)(3)(B) of the CAA calls for EPA to identify at least 
30 HAP which, as the result of emissions from area sources, pose the 
greatest threat to public health in the largest number of urban areas. 
EPA implemented this provision in 1999 in the Integrated Urban Air 
Toxics Strategy (Strategy), (64 FR 38715, July 19, 1999). Specifically, 
in the Strategy, EPA identified 30 HAP that pose the greatest potential 
health threat in urban areas, and these HAP are referred to as the ``30 
urban HAP.'' CAA section 112(c)(3) requires EPA to list sufficient 
categories or subcategories of area sources to ensure that area sources 
representing 90 percent of the emissions of the 30 urban HAP are 
subject to regulation. A primary goal of the Strategy is to achieve a 
75 percent reduction in cancer incidence attributable to HAP emitted 
from stationary sources.
    Under CAA section 112(d)(5), we may elect to promulgate standards 
or requirements for area sources ``which provide for the use of 
generally

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available control technologies [``GACT''] or management practices by 
such sources to reduce emissions of hazardous air pollutants.'' 
Additional information on GACT is found in the Senate report on the 
legislation (Senate Report Number 101-228, December 20, 1989), which 
describes GACT as:

* * * methods, practices and techniques which are commercially 
available and appropriate for application by the sources in the 
category considering economic impacts and the technical capabilities 
of the firms to operate and maintain the emissions control systems.

    Consistent with the legislative history, we can consider costs and 
economic impacts in determining GACT, which is particularly important 
when developing regulations for source categories that may have many 
small businesses such as these.
    Determining what constitutes GACT involves considering the control 
technologies and management practices that are generally available to 
the area sources in the source category. We also consider the standards 
applicable to major sources in the analogous source category to 
determine if the control technologies and management practices are 
transferable and generally available to area sources. In appropriate 
circumstances, we may also consider technologies and practices at area 
and major sources in similar categories to determine whether such 
technologies and practices could be considered generally available for 
the area source categories at issue. Finally, as noted above, in 
determining GACT for a particular area source category, we consider the 
costs and economic impacts of available control technologies and 
management practices on that category.
    While GACT may be a basis for standards for most types of HAP 
emitted from area sources, CAA section 112(c)(6) requires that EPA list 
categories and subcategories of sources assuring that sources 
accounting for not less than 90 percent of the aggregate emissions of 
each of seven specified HAP are subject to standards under CAA sections 
112(d)(2) or (d)(4), which require the application of the more 
stringent MACT. The seven HAP specified in CAA section 112(c)(6) are as 
follows: Alkylated lead compounds, POM, hexachlorobenzene, mercury, 
polychlorinated biphenyls (PCBs), 2,3,7,8-tetrachlorodibenzofurans, and 
2,3,7,8-tetrachlorodibenzo-p-dioxin.
    The CAA section 112(c)(6) list of source categories currently 
includes industrial coal combustion, industrial oil combustion, 
industrial wood combustion, commercial coal combustion, commercial oil 
combustion, and commercial wood combustion. (See 63 FR 17849, April 10, 
1998.) We listed these source categories under CAA section 112(c)(6) 
based on the source categories' contribution of mercury and POM. In the 
documentation for the CAA section 112(c)(6) listing, the commercial 
fuel combustion categories included institutional fuel combustion. (See 
``1990 Emissions Inventory of Section 112(c)(6) Pollutants, Final 
Report,'' April 1998.) As discussed in the preamble to the proposed 
rule, we concluded we only needed to address mercury emissions from the 
coal-fueled portion of these categories in order to ensure that 90 
percent of the aggregate emissions of mercury would be subject to 
standards under CAA sections 112(d)(2) or 112(d)(4). (See 75 FR 31898, 
June 4, 2010.) As discussed in this preamble, based on public comments 
received, we re-examined the emission inventory and the need to address 
POM emissions from the area source subcategories to meet the CAA 
section 112(c)(6) 90 percent requirement, and concluded we only need to 
address POM emissions from the coal-fueled portion of these categories 
under CAA section 112(d)(2) or 112(d)(4).
    With this final rule and the major source boilers rule, we believe 
that we have subjected to regulation at least 90 percent of the CAA 
section 112(c)(6) 1990 emissions inventory for mercury and POM. 
Consequently, we are regulating coal-fired area source boilers under 
MACT because we need these sources to meet the 90 percent requirement 
for mercury and POM in CAA section 112(c)(6).
    The ``MACT'' required by CAA sections 112(d)(2) or 112(d)(4) can be 
based on the emissions reductions achievable through application of 
measures, processes, methods, systems, or techniques including, but not 
limited to: (1) Reducing the volume of, or eliminating emissions of, 
such pollutants through process changes, substitutions of materials, or 
other modifications; (2) enclosing systems or processes to eliminate 
emissions; (3) collecting, capturing, or treating such pollutants when 
released from a process, stack, storage or fugitive emission point; (4) 
design, equipment, work practices, or operational standards as provided 
in CAA section 112(h); or (5) a combination of the above.
    The MACT floor is the minimum control level allowed for NESHAP and 
is defined under CAA section 112(d)(3). For new sources, MACT based 
standards cannot be less stringent than the emission control achieved 
in practice by the best-controlled similar source, as determined by the 
Administrator. The MACT based standards for existing sources can be 
less stringent than standards for new sources, but they cannot be less 
stringent than the average emission limitation achieved by the best 
performing 12 percent of existing sources in the category or 
subcategory (for which the Administrator has emission information) for 
source categories and subcategories with 30 or more sources, or the 
best performing 5 sources for categories and subcategories with fewer 
than 30 sources (CAA section 112(d)(3)(A) and (B)).
    Although emission standards are often structured in terms of 
numerical emissions limits, alternative approaches are sometimes 
necessary and authorized pursuant to CAA section 112. For example, in 
some cases, physically measuring emissions from a source may not be 
practicable due to technological and economic limitations. Section 
112(h) of the CAA authorizes the Administrator to promulgate a design, 
equipment, work practice, or operational standard, or combination 
thereof, consistent with the provisions of CAA sections 112(d) or (f), 
in those cases where, in the judgment of the Administrator, it is not 
feasible to prescribe or enforce an emission standard. Section 
112(h)(2) of the CAA provides that the phrase ``not feasible to 
prescribe or enforce an emission standard'' includes ``the situation in 
which the Administrator determines that * * * the application of 
measurement methodology to a particular class of sources is not 
practicable due to technological and economic limitations.''
    As noted above in this section of the preamble, we listed 
industrial coal combustion, industrial oil combustion, industrial wood 
combustion, commercial coal combustion, commercial oil combustion, and 
commercial wood combustion under CAA section 112(c)(6) based on the 
source categories' contribution of mercury and POM. We listed these 
same categories under CAA section 112(c)(3) for their contribution of 
mercury, arsenic, beryllium, cadmium, lead, chromium, manganese, 
nickel, POM (as 7-PAH (polynuclear aromatic hydrocarbons)), ethylene 
dioxide, and PCBs.
    We have developed final standards to reflect the application of 
MACT for mercury and POM from coal-fired area source boilers and have 
applied GACT for the urban HAP noted above for boilers firing other 
fuels and for urban

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HAP (other than mercury and POM) from coal-fired area source boilers.

B. What source categories are affected by the standards?

    The source categories affected by the standards are industrial 
boilers and commercial and institutional boilers. Both source 
categories were included in the area source list published on July 19, 
1999 (64 FR 38721). The inclusion of these two source categories on the 
CAA section 112(c)(3) area source category list is based on 1990 
emissions data, as EPA used 1990 as the baseline year for that listing. 
We describe above in Section II.A of this preamble the pollutants that 
formed the basis of the listings.
    This rule applies to all existing and new industrial boilers, 
institutional boilers, and commercial boilers located at area sources. 
Boiler means an enclosed combustion device having the primary purpose 
of recovering thermal energy in the form of steam or hot water. The 
industrial boiler source category includes boilers used in 
manufacturing, processing, mining, refining, or any other industry. The 
commercial boiler source category includes boilers used in commercial 
establishments such as stores/malls, laundries, apartments, 
restaurants, and hotels/motels. The institutional boiler source 
category includes boilers used in medical centers (e.g., hospitals, 
clinics, nursing homes), educational and religious facilities (e.g., 
schools, universities, churches), and municipal buildings (e.g., 
courthouses, prisons).

C. What is the relationship between this rule and other related 
national emission standards?

    This rule regulates industrial boilers and institutional/commercial 
boilers that are located at area sources of HAP. Today, in a parallel 
action, a NESHAP for industrial, commercial, and institutional boilers 
and process heaters located at major sources is being promulgated 
reflecting the application of MACT. The major source NESHAP regulates 
emissions of PM (as a surrogate for non-mercury metals), mercury, HCl 
(as a surrogate for acid gases), dioxins/furans, and CO (as a surrogate 
for non-dioxin organic HAP) from existing and new major source boilers.
    This rule covers boilers located at area source facilities. In 
addition to the major source MACT for boilers being issued today, the 
Agency is also issuing emission standards today pursuant to CAA section 
129 for commercial and industrial solid waste incineration units. In a 
parallel action, EPA is finalizing a solid waste definition rulemaking 
pursuant to subtitle D of RCRA. That action is relevant to this 
proceeding because if an industrial, commercial, or institutional 
boiler located at an area source combusts secondary materials that are 
``solid waste,'' as that term is defined by the Administrator under 
RCRA, those boilers would be subject to section 129 of the CAA, not 
section 112.
    As background, in 2007, the United States Court of Appeals for the 
District of Columbia Circuit (DC Circuit) vacated the ``CISWI 
Definitions Rule'' (70 FR 55568, September 22, 2005), which amended the 
definitions of ``commercial and industrial solid waste incinerator 
(CISWI),'' ``commercial or industrial waste,'' and ``solid waste'' in 
40 CFR 60, subparts CCCC and DDDD, and which EPA issued pursuant to CAA 
section 129. The Court found that the definitions in that rule were 
inconsistent with the CAA. Specifically, the Court held that the term 
``solid waste incineration unit'' in CAA section 129(g)(1) 
``unambiguously include[s] among the incineration units subject to its 
standards any facility that combusts any commercial or industrial solid 
waste material at all--subject to the four statutory exceptions 
identified [in CAA section 129(g)(1)].'' NRDC v. EPA, 489 F.3d at 1257-
58.
    Based on the information available to the Agency, we determined 
that the boilers that are subject to this area source rule combust 
predominantly coal, oil, or biomass. We have further determined that 
the boilers subject to this rule may combust non-hazardous secondary 
materials that do not meet the definition of ``solid waste'' pursuant 
to the rulemaking of subtitle D of RCRA. A boiler located at an area 
source burning any secondary materials considered ``solid waste'' would 
be considered a solid waste incineration unit subject to regulation 
under CAA section 129. In the final area source boiler rulemaking, EPA 
is providing specific language to ensure clarity regarding the 
necessary steps that must be followed for combustion units that begin 
combusting non-hazardous solid waste materials and become subject to 
section 129 standards instead of section 112 standards or combustion 
units that discontinue combustion of non-hazardous solid waste 
materials and become subject to section 112 standards instead of 
section 129 standards.
    Some of the affected sources subject to this rule may also be 
subject to the NSPS for industrial, commercial, and institutional 
boilers (40 CFR part 60, subparts Db and Dc). EPA codified these NSPS 
in 1986, and revised portions of them in 1999 and 2006. The two NSPS 
regulate emissions of PM, SO2, and NOX from 
boilers constructed after June 19, 1984. Sources subject to the NSPS 
that are located at area source facilities are also subject to this 
rule because this rule regulates HAP. In developing this rule, we have 
streamlined the monitoring and recordkeeping requirements to avoid 
duplicating requirements in the NSPS.

D. How did we gather information for this rule?

    We gathered information for this rule from states' boiler 
inspection lists, company Web sites, published literature, state 
permits, current state and federal regulations, and from an ICR 
conducted for the major source NESHAP. After proposal, we received 
additional emission test reports during the public comment period.
    We developed an initial nationwide population of area source 
boilers based on boiler inspector data-bases from 13 states. The boiler 
inspector data-bases include steam boilers that are required to be 
inspected for safety or insurance purposes. We classified the area 
source boilers to NAICS codes based on the ``name'' of the facility at 
which the boiler was located. However, many of the boilers in the 
boiler inspector data-base could not be readily assigned to an NAICS 
code and, thus, we did not categorize them.
    We reviewed state and other federal regulations that apply to the 
area sources in the source categories for information concerning 
existing HAP emission control approaches. For example, as noted above, 
the NSPS for small industrial, commercial, and institutional boilers in 
40 CFR part 60, subpart Dc apply to boilers at some area sources. 
Similarly, permit requirements established by the Ohio, Illinois, 
Vermont, New Hampshire, and Maine air regulatory agencies apply to some 
area sources. We also reviewed standards for boilers at major sources 
that would be appropriate for and transferable to boilers at area 
sources. For example, we determined that management practices, such as, 
tune-ups and operator training applicable to major source boilers are 
also feasible for boilers at area sources.

[[Page 15558]]

E. How are the area source boiler HAP addressed by this rule?

    As explained in Section II.A of this preamble, industrial coal 
combustion, industrial oil combustion, industrial wood combustion, 
commercial coal combustion, commercial oil combustion, and commercial 
wood combustion are listed under CAA section 112(c)(6) due to 
contributions of mercury and POM and these same categories are listed 
under CAA section 112(c)(3) for their contribution of mercury, arsenic, 
beryllium, cadmium, lead, chromium, manganese, nickel, POM, ethylene 
dioxide, and PCB.
    With respect to the CAA section 112(c)(3) pollutants, we used 
surrogates because, as explained in this section of the preamble, it 
was not practical to establish individual standards for each specific 
HAP. We grouped the CAA section 112(c)(3) pollutants, which formed the 
basis for the listing of these two source categories, into three common 
groupings: Mercury, non-mercury metallic HAP (arsenic, beryllium, 
cadmium, chromium, lead, manganese, and nickel), and organic HAP (POM, 
ethylene dichloride, and PCB). In general, the pollutants within each 
group have similar characteristics and can be controlled with the same 
techniques.
    For the non-mercury metallic HAP, we selected PM as a surrogate. 
The inherent variability and unpredictability of the non-mercury metal 
HAP compositions and amounts in fuel has a material effect on the 
composition and amount of non-mercury metal HAP in the emissions from 
the boiler. As a result, establishing individual numerical emissions 
limits for each non-mercury HAP metal species is difficult given the 
level of uncertainty about the individual non-mercury metal HAP 
compositions of the fuels that will be combusted. An emission 
characteristic common to all boilers is that the non-mercury metal HAP 
are a component of the PM contained in the fly ash emitted from the 
boiler. A sufficient correlation exists between PM and non-mercury 
metallic HAP to rely on PM as a surrogate for these HAP and for their 
control.\1\ Therefore, the same control techniques that would be used 
to control the fly-ash PM will control non-mercury metallic HAP. 
Emissions limits established to achieve control of PM will also achieve 
control of non-mercury metallic HAP. Furthermore, establishing separate 
standards for each individual HAP would impose costly and significantly 
more complex compliance and monitoring requirements and achieve little, 
if any, HAP emissions reductions beyond what would be achieved using 
the surrogate pollutant approach.
---------------------------------------------------------------------------

    \1\ In National Lime Ass'n v. EPA, 233 F. 3d 625, 633 (DC Cir. 
2000), the court upheld EPA's use of particulate matter as a 
surrogate for HAP metals.
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    For organic urban HAP, we selected CO as a surrogate for organic 
compounds, including POM, emitted from the various fuels burned in 
boilers. The presence of CO is an indicator of incomplete combustion. A 
high level of CO in emissions is a potential indication of elevated 
organic HAP emissions because organic HAP, like CO, are formed as a 
byproduct of combustion, and both would increase with an increase in 
the level of incomplete combustion. Monitoring equipment for CO is 
readily available, which is not the case for organic HAP. Also, it is 
significantly easier and less expensive to measure and monitor CO 
emissions than to measure and monitor emissions of each individual 
organic HAP. We considered other surrogates, such as total hydrocarbon 
(THC), but lacked data on emissions and permit limits for area source 
boilers. Therefore, using CO as a surrogate for organic urban HAP is a 
reasonable approach because minimizing CO emissions will result in 
minimizing organic urban HAP emissions.
    Based on these considerations, we are promulgating GACT standards 
for PM (as a surrogate for the individual urban metal HAP) for coal, 
biomass, and oil-fired boilers and CO (as a surrogate pollutant for the 
individual urban organic HAP) for biomass-fired and oil-fired boilers. 
We are also establishing MACT standards for mercury and for POM (using 
CO as a surrogate pollutant) for coal-fired boilers. The MACT standard 
for POM from coal-fired boilers would also be GACT for urban organic 
HAP other than POM.

F. What are the costs and benefits of this final rule?

    EPA estimated the costs and benefits associated with the final 
rule, and the results are shown in the following table. For more 
information on the costs and benefits for this rule, see the Regulatory 
Impact Analysis (RIA).

    Summary of the Monetized Benefits, Social Costs, and Net Benefits for the Boiler Area Source Rule in 2014
                                             [Millions of 2008$] \1\
----------------------------------------------------------------------------------------------------------------
                                                    3% Discount rate                   7% Discount rate
----------------------------------------------------------------------------------------------------------------
                                       Final MACT/GACT Approach: Selected
----------------------------------------------------------------------------------------------------------------
Total Monetized Benefits \2\.............  $210 to $520.....................  $190 to $470
Total Social Costs \3\...................  $490.............................  $490
Net Benefits.............................  -$280 to $30.....................  -$300 to -$20
                                           1,100 tons of carbon monoxide
                                           340 tons of HCl
                                           8 tons of HF
                                           90 pounds of mercury
Non-monetized Benefits;..................  320 tons of other metals
                                           < 1 gram of dioxins/furans (TEQ)
                                           Health effects from SO2 exposure
                                           Ecosystem effects
                                           Visibility impairment
----------------------------------------------------------------------------------------------------------------
                                       Proposed MACT Approach: Alternative
----------------------------------------------------------------------------------------------------------------
Total Monetized Benefits \2\.............  $200 to $490.....................  $180 to $440
Total Social Costs \3\...................  $850.............................  $850

[[Page 15559]]

 
Net Benefits.............................  -$650 to -$360...................  -$670 to -$410
Non-monetized Benefits...................  1,100 tons of carbon monoxide
                                           340 tons of HCl
                                           8 tons of HF
                                           90 pounds of mercury
                                           320 tons of other metals
                                           <1 gram of dioxins/furans (TEQ)
                                           Health effects from SO2 exposure
                                           Ecosystem effects
                                           Visibility impairment
----------------------------------------------------------------------------------------------------------------
\1\ All estimates are for the implementation year (2014), and are rounded to two significant figures. These
  results include units anticipated to come online and the lowest cost disposal assumption.
\2\ The total monetized benefits reflect the human health benefits associated with reducing exposure to PM2.5
  through reductions of directly emitted PM2.5 and PM2.5 precursors such as SO2. It is important to note that
  the monetized benefits include many but not all health effects associated with PM2.5 exposure. Benefits are
  shown as a range from Pope et al. (2002) to Laden et al. (2006). These models assume that all fine particles,
  regardless of their chemical composition, are equally potent in causing premature mortality because there is
  no clear scientific evidence that would support the development of differential effects estimates by particle
  type. These estimates include energy disbenefits valued at less than $1 million.
\3\ The methodology used to estimate social costs for one year in the multimarket model using surplus changes
  results in the same social costs for both discount rates.

III. Summary of This Final Rule

A. Do these standards apply to my source?

    This rule applies to you if you own or operate a boiler combusting 
solid fossil fuels, biomass, or liquid fuels located at an area source. 
The standards do not apply to boilers that are subject to another 
standard under 40 CFR part 63 or to a standard developed under CAA 
section 129.
    This rule applies to you if you own or operate a boiler combusting 
natural gas, located at an area source, which switches to combusting 
solid fossil fuels, biomass, or liquid fuel after June 4, 2010.

B. What is the affected source?

    This final rule affects industrial boilers, institutional boilers, 
and commercial boilers. The affected source is the collection of all 
existing boilers within a subcategory located at an area source 
facility or each new boiler located at an area source facility.

C. When must I comply with these standards?

    The owner or operator of an existing source subject to a work 
practice or management practice standard of a tune-up is required to 
comply with this final rule no later than March 21, 2012. The owner or 
operator of an existing source subject to emission limits or an energy 
assessment requirement is required to comply with this final rule no 
later than March 21, 2014. The owner or operator of a new source is 
required to comply on May 20, 2011 or upon startup of the facility, 
whichever is later. Owners and operators subject to 40 part CFR 60, 
subpart CCCC or subpart DDDD who cease combusting solid waste must be 
in compliance with this subpart on the effective date that the unit 
ceased combusting solid waste, consistent with 40 CFR part 60, subpart 
CCCC or subpart DDDD.

D. What are the MACT and GACT standards?

    Emission standards are in the form of numerical emission limits for 
new and existing area source boilers. The MACT emission limits for 
mercury and CO (as a surrogate for POM) are presented, along with the 
GACT emission limits for PM (as a surrogate for urban metals), in Table 
1 of this preamble. The units are pounds of PM or mercury per million 
British thermal units (lb/MMBtu) and ppm for CO.

                                Table 1--Emission Limits for Area Source Boilers
----------------------------------------------------------------------------------------------------------------
                                   Heat input
          Subcategory               (MMBtu/h)        Pollutants                    Emission limits
----------------------------------------------------------------------------------------------------------------
New coal-fired boiler.........  >=30              a. Particulate    0.03 lb per MMBtu of heat input.
                                                   Matter.
                                                  b. Mercury......  0.0000048 lb per MMBtu of heat input.
                                                  c. Carbon         400 ppm by volume on a dry basis corrected
                                                   Monoxide.         to 3 percent oxygen.
                                >=10 and <30      a. Particulate    0.42 lb per MMBtu of heat input.
                                                   Matter.
                                                  b. Mercury......  0.0000048 lb per MMBtu of heat input.
                                                  c. Carbon         400 ppm by volume on a dry basis corrected
                                                   Monoxide.         to 3 percent oxygen.
New biomass-fired boiler......  >=30              Particulate       0.03 lb per MMBtu of heat input.
                                                   Matter.
                                >=10 and <30      Particulate       0.07 lb per MMBtu of heat input.
                                                   Matter.
New oil-fired boiler..........  >=30              Particulate       0.03 lb per MMBtu of heat input.
                                                   Matter.
                                >=10 and <30      Particulate       0.03 lb per MMBtu of heat input.
                                                   Matter.
Existing coal-Fired boiler....  >=10              a. Mercury......  0.0000048 lb per MMBtu of heat input.

[[Page 15560]]

 
                                                  b. Carbon         400 ppm by volume on a dry basis corrected
                                                   Monoxide.         to 7 percent oxygen.
----------------------------------------------------------------------------------------------------------------

    The emission limits for PM apply only to new boilers. The emission 
limits for mercury and CO apply only to boilers in the coal 
subcategory; the emission limits for existing area source boilers in 
the coal subcategory are applicable only to area source boilers that 
have a designed heat input capacity of 10 million MMBtu/h or greater.
    If your boiler burns any solid fossil fuel and no more than 15 
percent biomass on a total fuel annual heat input basis, the boiler is 
in the coal subcategory. If your boiler burns at least 15 percent 
biomass on a total fuel annual heat input basis, the unit is in the 
biomass subcategory. If your boiler burns any liquid fuel and is not in 
either the coal or the biomass subcategory, the unit is in the oil 
subcategory, except if the unit burns oil only during periods of gas 
curtailment.
    As allowed under CAA section 112(h), a work practice standard is 
being promulgated for new and existing coal-fired area source boilers 
with a designed heat input capacity of less than 10 MMBtu/h. The work 
practice standard for new and existing coal-fired area source boilers 
requires the implementation of a tune-up program. We are also requiring 
all biomass-fired and oil-fired area source boilers to implement a 
tune-up program as a management practice.
    An additional standard is being promulgated for existing area 
source facilities having an affected boiler with a designed heat input 
capacity of 10 MMBtu/h or greater that requires the performance of an 
energy assessment, by qualified personnel, on the boiler and its energy 
use systems to identify cost-effective energy conservation measures.

E. What are the startup, shutdown, and malfunction (SSM) requirements?

    The United States Court of Appeals for the District of Columbia 
Circuit vacated portions of two provisions in EPA's CAA section 112 
regulations governing the emissions of HAP during periods of startup, 
shutdown, and malfunction (SSM). Sierra Club v. EPA, 551 F.3d 1019 (DC 
Cir. 2008), cert. denied, 130 S. Ct. 1735 (U.S. 2010). Specifically, 
the Court vacated the SSM exemption contained in 40 CFR 63.6(f)(1) and 
40 CFR 63.6(h)(1), that are part of a regulation, commonly referred to 
as the ``General Provisions Rule'' (40 CFR 63, subpart A), that EPA 
promulgated under CAA section 112 of the CAA. When incorporated into 
CAA section 112(d) regulations for specific source categories, these 
two provisions exempted sources from the requirement to comply with the 
otherwise applicable CAA section 112(d) emission standard during 
periods of SSM.
    Consistent with Sierra Club v. EPA, EPA has established standards 
in this rule that apply at all times. EPA has attempted to ensure that 
we have not incorporated into the regulatory language any provisions 
that are inappropriate, unnecessary, or redundant in the absence of an 
SSM exemption.
    In establishing the standards in this rule, EPA has taken into 
account startup and shutdown periods and, for the reasons explained 
below, has established different standards for those periods.
    EPA has revised this final rule to require sources to meet a work 
practice standard, including following the manufacturer's recommended 
procedures for minimizing startup and shutdown periods, to demonstrate 
compliance with the emission limits for all subcategories of new and 
existing area source boilers (that would otherwise be subject to 
numeric emission limits) during periods of startup and shutdown. As 
discussed in Section V.G of this preamble, we considered whether 
performance testing, and therefore, enforcement of numeric emission 
limits, would be practicable during periods of startup and shutdown. 
With regards to performance testing, EPA determined that it is not 
technically feasible to complete stack testing--in particular, to 
repeat the multiple required test runs--during periods of startup and 
shutdown due to physical limitations and the short duration of startup 
and shutdown periods. Operating in startup and shutdown mode for 
sufficient time to conduct the required test runs could result in 
higher emissions than would otherwise occur. Based on these specific 
facts for the boilers and process heater source category, EPA has 
developed a separate standard for these periods, and we are finalizing 
work practice standards to meet this requirement. The work practice 
standard requires sources to minimize periods of startup and shutdown 
following the manufacturer's recommended procedures, if available. If 
manufacturer's recommended procedures are not available, sources must 
follow recommended procedures for a unit of similar design for which 
manufacturer's recommended procedures are available.
    Periods of startup, normal operations, and shutdown are all 
predictable and routine aspects of a source's operations. However, by 
contrast, malfunction is defined as a ``sudden, infrequent, and not 
reasonably preventable failure of air pollution control and monitoring 
equipment, process equipment or a process to operate in a normal or 
usual manner * * *'' (40 CFR 63.2). EPA has determined that 
malfunctions should not be viewed as a distinct operating mode and, 
therefore, any emissions that occur at such times do not need to be 
factored into development of CAA section 112(d) standards, which, once 
promulgated, apply at all times. In Mossville Environmental Action Now 
v. EPA, 370 F.3d 1232, 1242 (DC Cir. 2004), the court upheld as 
reasonable standards that had factored in variability of emissions 
under all operating conditions. However, nothing in section 112(d) or 
in case law requires that EPA anticipate and account for the 
innumerable types of potential malfunction events in setting emission 
standards. See, Weyerhaeuser v. Costle, 590 F.2d 1011, 1058 (DC Cir. 
1978) (``In the nature of things, no general limit, individual permit, 
or even any upset provision can anticipate all upset situations. After 
a certain point, the transgression of regulatory limits caused by 
`uncontrollable acts of third parties,' such as strikes, sabotage, 
operator intoxication or insanity, and a variety of other 
eventualities, must be a matter for the administrative exercise of 
case-by-case enforcement discretion, not for specification in advance 
by regulation.'').
    Further, it is reasonable to interpret CAA section 112(d) as not 
requiring EPA to account for malfunctions in setting emissions 
standards. For example, we note that CAA section 112 uses the concept 
of ``best performing'' sources in defining MACT, the level of

[[Page 15561]]

stringency that major source standards must meet. Applying the concept 
of ``best performing'' to a source that is malfunctioning presents 
significant difficulties. The goal of best performing sources is to 
operate in such a way as to avoid malfunctions of their units. 
Similarly, although standards for area sources are generally not 
required to be set based on ``best performers,'' we believe that what 
is ``generally available'' should not be based on periods in which 
there is a ``failure to operate.''
    Moreover, even if malfunctions were considered a distinct operating 
mode, we believe it would be impracticable to take malfunctions into 
account in setting CAA section 112(d) standards for area source 
boilers. As noted above, by definition, malfunctions are sudden and 
unexpected events and it would be difficult to set a standard that 
takes into account the myriad different types of malfunctions that can 
occur across all sources in the category. Moreover, malfunctions can 
vary in frequency, degree, and duration, further complicating standard 
setting.
    In the event that a source fails to comply with the applicable CAA 
section 112(d) standards as a result of a malfunction event (see 40 CFR 
63.2 (definition of malfunction), EPA must determine an appropriate 
response based on, among other things, the good faith efforts of the 
source to minimize emissions during malfunction periods, including 
preventative and corrective actions, as well as root cause analyses to 
ascertain and rectify excess emissions. EPA would also consider whether 
the source's failure to comply with the CAA section 112(d) standard 
was, in fact, ``sudden, infrequent, not reasonably preventable'' and 
was not instead ``caused in part by poor maintenance or careless 
operation.'' (See 40 CFR 63.2 (definition of malfunction).)
    Finally, EPA recognizes that even equipment that is properly 
designed and maintained can sometimes fail and that such failure can 
sometimes cause an exceedance of the relevant emission standard. (See, 
e.g., State Implementation Plans: Policy Regarding Excessive Emissions 
During Malfunctions, Startup, and Shutdown (September 20, 1999); Policy 
on Excess Emissions During Startup, Shutdown, Maintenance, and 
Malfunctions (February 15, 1983)). EPA is therefore adding to this 
final rule an affirmative defense to civil penalties for exceedances of 
emission limits that are caused by malfunctions. (See 40 CFR 63.11226 
(defining ``affirmative defense'' to mean, in the context of an 
enforcement proceeding, a response or defense put forward by a 
defendant, regarding which the defendant has the burden of proof, and 
the merits of which are independently and objectively evaluated in a 
judicial or administrative proceeding).) We also have added other 
regulatory provisions to specify the elements that are necessary to 
establish this affirmative defense; the source must prove by a 
preponderance of the evidence that it has met all of the elements set 
forth in 63.11226. (See 40 CFR 22.24.) The criteria ensure that the 
affirmative defense is available only where the event that causes an 
exceedance of the emission limit meets the narrow definition of 
malfunction in 40 CFR 63.2 (sudden, infrequent, not reasonable 
preventable and not caused by poor maintenance and or careless 
operation). For example, to successfully assert the affirmative 
defense, the source must prove by a preponderance of the evidence that 
excess emissions ``[w]ere caused by a sudden, infrequent, and 
unavoidable failure of air pollution control and monitoring equipment, 
process equipment, or a process to operate in a normal or usual manner 
* * *.'' The criteria also are designed to ensure that steps are taken 
to correct the malfunction, to minimize emissions in accordance with 40 
CFR 63.11205(a), and to prevent future malfunctions. For example, the 
source must prove by a preponderance of the evidence that ``[r]epairs 
were made as expeditiously as possible when the applicable emission 
limitations were being exceeded * * *'' and that ``[a]ll possible steps 
were taken to minimize the impact of the excess emissions on ambient 
air quality, the environment and human health * * *.'' In any judicial 
or administrative proceeding, the Administrator may challenge the 
assertion of the affirmative defense and, if the respondent has not met 
its burden of proving all of the requirements in the affirmative 
defense, appropriate penalties may be assessed in accordance with CAA 
section 113 of the CAA (see also 40 CFR 22.77).

F. What are the initial compliance requirements?

    For new and existing area source boilers with applicable emission 
limits, you must conduct initial performance tests to determine 
compliance with the PM, mercury, and CO emission limits. The 
performance tests to demonstrate compliance with the mercury emission 
limit can be either a stack test, which also requires a fuel analysis, 
or only a fuel analysis.
    As part of the initial compliance demonstration, you must monitor 
specified operating parameters during the initial performance tests 
that demonstrate compliance with the PM, mercury, and CO emission 
limits for area source boilers. The test average establishes your site-
specific operating levels.
    For owners or operators of existing and new coal-fired area source 
boilers having a heat input capacity of less than 10 MMBtu/h and all 
existing and new biomass-fired and oil-fired area source boilers, you 
must submit to the delegated authority or EPA, as appropriate, 
documentation that a tune-up was conducted.
    For owners or operators of existing area source facilities having a 
boiler with a heat input capacity of 10 MMBtu/h or greater and subject 
to this rule, you must submit to the delegated authority or EPA, as 
appropriate, documentation that the energy assessment was performed and 
the cost-effective energy conservation measures identified.

G. What are the continuous compliance requirements?

    If you demonstrate initial compliance with the emission limits by 
performance (stack) tests, then you must conduct stack tests every 3 
years. Furthermore, to demonstrate continuous compliance with the PM, 
CO, and mercury emission limits, you must monitor and comply with the 
applicable site-specific operating limits.
    For area source boilers that must comply with the PM and mercury 
emission limits, you must continuously monitor opacity and maintain the 
opacity at or below 10 percent (daily block average) or:
    1. If the boiler is controlled with a fabric filter, the fabric 
filter may be continuously operated such that the alarm on the bag leak 
detection system does not sound more than 5 percent of the operating 
time during any 6-month period.
    2. If the boiler is controlled with an electrostatic precipitator 
(ESP), you must maintain the minimum voltage and secondary amperage (or 
total power input) of the ESP at or above the minimum operating limits 
established during the performance test.
    3. If the boiler is controlled with a wet scrubber, you must 
monitor pressure drop and liquid flow rate of the scrubber and maintain 
the daily block averages at or above the minimum operating limits 
established during the performance test.
    4. For boilers with sorbent or carbon injection systems which must 
comply with an applicable mercury emission limit, you must maintain the 
daily block averages at or above the minimum sorbent flow rate, as 
calculated according to 40 CFR 63.11221(a)(5).

[[Page 15562]]

    If you elected to demonstrate initial compliance with the mercury 
emission limit by fuel analysis, as determined according to 40 CFR 
63.11211(b), you must conduct a monthly fuel analysis and maintain the 
annual average at or below the limit indicated in Table 1 of this 
preamble.
    For boilers that demonstrate compliance with the PM and mercury 
emission limits by performance (stack) tests, you must maintain monthly 
fuel records that demonstrate that you burned no new fuel type or new 
mixture (monthly average) as set during the performance test. If you 
plan to burn a new fuel type or new mixture that is different from what 
was burned during the initial performance test, then you must conduct a 
new performance test to demonstrate continuous compliance with the PM 
emission limit and mercury emission limit.
    For boilers that must comply with the CO emission limits, you must 
continually monitor oxygen and maintain an oxygen concentration level, 
on a 30-day rolling average basis, at no less than 90 percent of the 
average oxygen concentration measured during the most recent 
performance test.
    Biomass and oil-fired boilers must meet the management practice 
standards defined in Table 2 to 40 CFR part 63, subpart JJJJJJ.

H. What are the notification, recordkeeping and reporting requirements?

    All new and existing sources will be required to comply with some 
requirements of the General Provisions (40 CFR part 63, subpart A), 
which are identified in Table 6 to subpart JJJJJJ. The General 
Provisions include specific requirements for notifications, 
recordkeeping, and reporting. If performance tests are required under 
subpart JJJJJJ, then the notification and reporting requirements for 
performance tests in the General Provisions also apply.
    Each owner or operator is required to submit a notification of 
compliance status report, as required by 40 CFR 63.9(h) of the General 
Provisions. Subpart JJJJJJ rule requires the owner or operator to 
include in the notification of compliance status report certifications 
of compliance with rule requirements.
    If your unit is subject to an emission limit, then you must 
prepare, by March 1 of each year, an annual compliance certification 
report for the previous calendar year certifying the truth, accuracy 
and completeness of the notification and a statement of whether the 
source has complied with all the relevant standards and other 
requirements of this subpart.
    This rule requires records to demonstrate compliance with each 
emission limit, work practice standard, and management practice. These 
recordkeeping requirements are specified directly in the General 
Provisions to 40 CFR part 63.
    Records for applicable management practices must be maintained. 
Specifically, the owner or operator must keep records of the dates and 
the results of each boiler tune-up.
    Records are required for either continuously monitored parameter 
data for a control device, if a device is used to control the 
emissions, or continuous opacity monitoring system (COMS) data.
    Each owner and operator is required to keep the following records:
    (1) All reports and notifications submitted to comply with this 
final rule;
    (2) Continuous monitoring data as required in this final rule;
    (3) Each instance in which you did not meet each emission limit, 
work/management practice, and operating limit (i.e., deviations from 
this final rule);
    (4) Monthly fuel use by each boiler including a description of the 
type(s) of fuel(s) burned, amount of each fuel type burned, and units 
of measure;
    (5) A copy of the results of all performance tests, energy 
assessments, opacity observations, performance evaluations, or other 
compliance demonstrations conducted to demonstrate initial or 
continuous compliance with this final rule; and
    (6) A copy of your site-specific monitoring plan developed for this 
final rule, if applicable.
    Records must be retained for at least 5 years. In addition, 
monitoring plans, operating and maintenance plans, and other plans must 
be updated as necessary and kept for as long as they are still current.

I. Submission of Emissions Test Results to EPA

    Compliance test data are necessary for many purposes including 
compliance determinations, development of emission factors, and 
determining annual emission rates. EPA has found it burdensome and time 
consuming to collect emission test data because of varied locations for 
data storage and varied data storage methods.
    One improvement that has occurred in recent years is the 
availability of stack test reports in electronic format as a 
replacement for bulky paper copies.
    In this action, we are taking a step to improve data accessibility 
for stack tests (and in the future continuous monitoring data). Boiler 
area sources are required to submit to WebFIRE (an EPA electronic data 
base) an electronic copy of stack test reports as well as process data. 
Data entry requires only access to the Internet and is expected to be 
completed by the stack testing company as part of the work that it is 
contracted to perform.
    Please note that the requirement to submit source test data 
electronically to EPA does not require any additional performance 
testing. In addition, when a facility submits performance test data to 
WebFIRE, there are no additional requirements for data compilation; 
instead, we believe industry will greatly benefit from improved 
emissions factors, fewer information requests, and better regulation 
development as discussed below. Because the information that is being 
reported is already required in the existing test methods and is 
necessary to evaluate the conformance to the test methods, facilities 
are already collecting and compiling these data. The Electronic 
Reporting Tool (ERT) was developed with input from stack testing 
companies, who already collect and compile performance test data 
electronically. One major advantage of submitting source test data 
through ERT is that it provides a standardized method to compile and 
store all the documentation required by subpart JJJJJJ. Another 
important benefit of submitting these data to EPA at the time the 
source test is conducted is that these data should reduce the effort 
involved in data collection activities in the future for these source 
categories. This results in a reduced burden on both affected 
facilities (in terms of reduced manpower to respond to data collection 
requests) and EPA (in terms of preparing and distributing data 
collection requests). Finally, another benefit of submitting these data 
to WebFIRE electronically is that these data will greatly improve the 
overall quality of the existing and new emissions factors by 
supplementing the pool of emissions test data upon which emissions 
factors are based and by ensuring that data are more representative of 
current industry operational procedures. A common complaint we hear 
from industry and regulators is that emissions factors are out-dated or 
not representative of a particular source category. Receiving recent 
performance test results would ensure that emissions factors are 
updated and more accurate. In summary, receiving these test data 
already collected for other purposes and using them in the emissions 
factors development program will save

[[Page 15563]]

industry, state/local/tribal agencies, and EPA time and money.
    As mentioned earlier, the electronic data-base that will be used is 
EPA's WebFIRE, which is a Web site accessible through EPA's TTN 
(technology transfer network). The WebFIRE Web site was constructed to 
store emissions test data for use in developing emission factors. A 
description of the WebFIRE data-base can be found at https://cfpub.epa.gov/oarweb/index.cfm?action=fire.main. The ERT will be able 
to transmit the electronic report through EPA's Central Data Exchange 
(CDX) network for storage in the WebFIRE data base. Although ERT is not 
the only electronic interface that can be used to submit source test 
data to the CDX for entry into WebFIRE, it makes submittal of data very 
straightforward and easy. A description of the ERT can be found at 
https://www.epa.gov/ttn/chief/ert/ert_tool.html.
    The ERT can be used to document the conduct of stack tests for 
various pollutants including PM, mercury, dioxin/furan, and HCl. 
Presently, the ERT does not accept opacity data or CEMS data.

IV. Summary of Significant Changes Following Proposal

A. Changes to Subcategories

    We have redefined the coal, biomass and oil subcategories for area 
source boilers to clarify the fuel-type inputs that would define each 
subcategory. The proposed rule defined the biomass subcategory to 
include any boiler that burns any amount of biomass, either alone or in 
combination with a liquid or gaseous fuel. This definition excluded 
boilers that burned biomass with coal; boilers burning greater than 10 
percent coal on an annual fuel heat input basis were defined under the 
coal-fired subc