National Emission Standards for Hazardous Air Pollutants: Lime Manufacturing Plants Technology Review; Correction, 96106-96119 [2024-27874]
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96106
Federal Register / Vol. 89, No. 233 / Wednesday, December 4, 2024 / Rules and Regulations
Air Quality Management District: Rule
472.
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(37) * * *
(i) * * *
(E) Previously approved on June 14,
1978, in paragraph (c)(37)(i)(A) of this
section and now deleted with
replacement in paragraph
(c)(621)(i)(A)(1) of this section for
implementation in the Mojave Desert
Air Quality Management District: Rule
468.
(F) Previously approved on June 14,
1978, in paragraph (c)(37)(i)(A) of this
section and now deleted with
replacement in paragraph
(c)(621)(i)(A)(2) of this section for
implementation in the Mojave Desert
Air Quality Management District: Rule
469.
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(39) * * *
(ii) * * *
(M) Previously approved on
September 8, 1978, in paragraph
(c)(39)(ii)(C) of this section and now
deleted with replacement in paragraph
(c)(620)(i)(A)(1) of this section: Rule
407.
(N) Previously approved on
September 8, 1978, in paragraph
(c)(39)(ii)(C) of this section and now
deleted with replacement in paragraph
(c)(610)(i)(D)(3) of this section: Rule
408.
(O) Previously approved on
September 8, 1978, in paragraph
(c)(39)(ii)(C) of this section and now
deleted with replacement in paragraph
(c)(610)(i)(D)(4) of this section: Rule
409.
(P) Previously approved on September
8, 1978, in paragraph (c)(39)(ii)(C) of
this section and now deleted with
replacement in paragraph
(c)(610)(i)(D)(5) of this section: Rule
443.
(Q) Previously approved on
September 8, 1978, in paragraph
(c)(39)(ii)(C) of this section and now
deleted with replacement in paragraph
(c)(621)(i)(A)(1) of this section: Rule
468.
(R) Previously approved on
September 8, 1978, in paragraph
(c)(39)(ii)(C) of this section and now
deleted with replacement in paragraph
(c)(621)(i)(A)(2) of this section: Rule
469.
(S) Previously approved on September
8, 1978, in paragraph (c)(39)(ii)(C) of
this section and now deleted with
replacement in paragraph
(c)(610)(i)(D)(6) of this section: Rule
472.
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(42) * * *
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(xiii) * * *
(E) Previously approved on December
21, 1978, in paragraph (c)(42)(xiii)(A) of
this section and now deleted with
replacement in paragraph
(c)(610)(i)(D)(1) of this section: Rule
404.
(F) Previously approved on December
21, 1978, in paragraph (c)(42)(xiii)(A) of
this section and now deleted with
replacement in paragraph
(c)(610)(i)(D)(2) of this section: Rule
405.
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(179) * * *
(i) * * *
(B) * * *
(4) Previously approved on November
27, 1990, in paragraph (c)(179)(i)(B)(1)
of this section and now deleted with
replacement in paragraph
(c)(622)(i)(A)(1) of this section: Rule
104, amended on December 19, 1988.
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(610) * * *
(i) * * *
(D) Mojave Desert Air Quality
Management District.
(1) Rule 404, ‘‘Particulate Matter—
Concentration,’’ readopted on July 25,
1977.
(2) Rule 405, ‘‘Solid Particulate
Matter—Weight,’’ readopted on July 25,
1977.
(3) Rule 408, ‘‘Circumvention,’’
readopted on July 25, 1977.
(4) Rule 409, ‘‘Combustion
Contaminants,’’ readopted on July 25,
1977.
(5) Rule 443, ‘‘Labeling of Solvents,’’
readopted on July 25, 1977.
(6) Rule 472, ‘‘Reduction of Animal
Matter,’’ readopted on July 25, 1977.
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(620) The following regulations were
submitted on September 23, 2022, by
the Governor’s designee.
(i) Incorporation by reference. (A)
Mojave Desert Air Quality Management
District.
(1) Rule 407, ‘‘Liquid and Gaseous Air
Contaminants,’’ readopted on July 25,
1977.
(2) [Reserved]
(B) [Reserved]
(ii) [Reserved]
(621) The following regulations were
submitted electronically on November
30, 2022, by the Governor’s designee as
an attachment to a letter dated
November 22, 2022.
(i) Incorporation by reference. (A)
Mojave Desert Air Quality Management
District.
(1) Rule 468, ‘‘Sulfur Recovery Units,’’
readopted on July 25, 1977.
(2) Rule 469, ‘‘Sulfur Acid Units,’’
readopted on July 25, 1977.
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(B) [Reserved]
(ii) [Reserved]
(622) The following regulations were
submitted on October 13, 2023, by the
Governor’s designee.
(i) Incorporation by reference. (A)
Mojave Desert Air Quality Management
District.
(1) Rule 104, ‘‘Reporting of Source
Test Data and Analyses,’’ amended on
December 19, 1988.
(2) [Reserved]
(B) [Reserved]
(ii) [Reserved]
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[FR Doc. 2024–27627 Filed 12–3–24; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 63
[EPA–HQ–OAR–2017–0015; FRL–5948.2–
02–OAR]
RIN 2060–AV59
National Emission Standards for
Hazardous Air Pollutants: Lime
Manufacturing Plants Technology
Review; Correction
Environmental Protection
Agency (EPA).
ACTION: Final rule; technical correction.
AGENCY:
The Environmental Protection
Agency (EPA) is making corrections to
the National Emission Standards for
Hazardous Air Pollutants for Lime
Manufacturing Plants (Lime
Manufacturing NESHAP) technology
review final rule that appeared in the
Federal Register on July 16, 2024.
Following publication of this final rule,
the EPA discovered inadvertent errors
in the regulatory text and is correcting
them in this action.
DATES: The final rule is effective on
December 4, 2024.
ADDRESSES: The EPA has established a
docket for this rulemaking under Docket
ID No. EPA–HQ–OAR–2017–0015. All
documents in the docket are listed on
the https://www.regulations.gov/
website. Although listed, some
information is not publicly available,
e.g., Confidential Business Information
(CBI) or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available electronically through https://
www.regulations.gov/.
FOR FURTHER INFORMATION CONTACT: Mr.
Brian Storey, Mail Drop: D243–04, 109
SUMMARY:
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T.W. Alexander Drive, P.O. Box 12055,
RTP, North Carolina 27711; telephone
number: (919) 541–1103; and email
address: storey.brian@epa.gov.
Preamble acronyms and
abbreviations. Throughout this
document the use of ‘‘we,’’ ‘‘us,’’ or
‘‘our’’ is intended to refer to the EPA.
We use multiple acronyms and terms in
this preamble. While this list may not be
exhaustive, to ease the reading of this
preamble and for reference purposes,
the EPA defines the following terms and
acronyms here:
APA Administrative Procedure Act
BTF beyond the floor
CAA Clean Air Act
96107
CFR Code of Federal Regulations
EPA Environmental Protection Agency
FR Federal Register
HAP hazardous air pollutants
MACT Maximum Achievable Control
Technology
NAICS North American Industry
Classification System
NESHAP National Emission Standards for
Hazardous Air Pollutants
C. Statutory Authority
D. Judicial Review and Administrative
Reconsideration
II. Summary of Final Action
III. Summary of Cost, Environmental, and
Economic Impacts
IV. Rulemaking Procedures
V. Statutory and Executive Order Reviews
Organization of this document. The
information in this preamble is
organized as follows:
I. General Information
I. General Information
A. Does this action apply to me?
B. Where can I get a copy of this document
and other related information?
Regulated entities. Categories and
entities potentially affected by this
action are shown in table 1 of this
preamble.
SUPPLEMENTARY INFORMATION:
A. Does this action apply to me?
TABLE 1—NESHAP AND INDUSTRIAL SOURCE CATEGORIES AFFECTED BY THIS FINAL ACTION
NAICS code 1
Source category and NESHAP
Lime Manufacturing ..................................................................................
1 North
Table 1 of this preamble is not
intended to be exhaustive, but rather to
provide a guide for readers regarding
entities likely to be affected by the final
action for the source category listed. To
determine whether your facility is
affected, you should examine the
applicability criteria in the Lime
Manufacturing NESHAP. If you have
any questions regarding the
applicability of any aspect of this
NESHAP, please contact the appropriate
person listed in the preceding FOR
FURTHER INFORMATION CONTACT section of
this preamble.
B. Where can I get a copy of this
document and other related
information?
In addition to being available in the
docket, an electronic copy of this final
action will also be available on the
internet. Following signature by the
EPA Administrator, the EPA will post a
copy of this final action at: https://
www.epa.gov/stationary-sources-airpollution/lime-manufacturing-plantsnational-emission-standards-hazardous.
Following publication in the Federal
Register (FR), the EPA will post the FR
version and key technical documents at
the same website.
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32741, 33111, 3314.
American Industry Classification System (NAICS).
C. Statutory Authority
For major sources, the Clean Air Act
(CAA) section 112(d)(2) provides that
the technology-based NESHAP must
reflect the maximum degree of emission
reductions of hazardous air pollutants
(HAP) achievable after considering cost,
energy requirements, and non-air
quality health and environmental
impacts. These standards are commonly
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referred to as Maximum Achievable
Control Technology (MACT) standards.
CAA section 112(d)(3) also establishes a
minimum control level for MACT
standards, known as the MACT ‘‘floor.’’
The EPA must also consider control
options that are more stringent than the
floor, commonly referred to as ‘‘beyondthe-floor’’ (BTF) standards. Costs may
not be considered when setting the
MACT floor and may only be
considered when determining whether
BTF standards are appropriate.
D. Judicial Review and Administrative
Reconsideration
Under Clean Air Act (CAA) section
307(b)(1), judicial review of this final
action is available only by filing a
petition for review in the United States
Court of Appeals for the District of
Columbia Circuit by February 3, 2025.
II. Summary of Final Action
The EPA finalized MACT standards
for the lime manufacturing industry
under CAA section 112(d) for 4
previously unregulated pollutants on
July 16, 2024. The 4 pollutants regulated
in the final rule included hydrogen
chloride, mercury, total organic HAP,
and dioxin/furans. Following
publication of this final rule, the EPA
discovered errors in the regulatory text
and is correcting them in this action.
Specifically, the EPA is revising the
Lime Manufacturing NESHAP July 16,
2024, final rule to correctly reference 40
CFR 63.7083(g). In the July 16, 2024,
final rule amendatory text, 40 CFR
63.7083 was revised to include new
compliance dates associated with the
July 16, 2024, final rule. These additions
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were added to the section as paragraphs
(c) and (d). The additions caused 40
CFR 63.7083(e) to be redesignated as
63.7083(g) in the July 16, 2024, final
rule amendatory text. This action
revises all applicable references in the
rule that previously referenced 40 CFR
63.7083(e) to correctly reference 40 CFR
63.7083(g).
Additionally, the EPA is correcting 40
CFR 63.7083(h)(2) to correct the
compliance date of the hydrogen
chloride, mercury, total organic HAP,
and dioxin/furan emissions limitations
for new sources. The July 16, 2024, final
rule inadvertently set the compliance
date for these sources as the date the
final rule was published in the Federal
Register (89 FR 57738, July 16, 2024).
This date is being revised to correctly
identify the compliance date for these
sources as January 5, 2023, or the date
of initial startup, whichever is later.
This date represents the date that these
sources must be in compliance, and is
based on the date the proposed
amendments were published in the
Federal Register (88 FR 805, January 5,
2023).
Lastly, the EPA is correcting 40 CFR
63.7112(o), which inadvertently
referenced ‘‘total hydrocarbons’’ in the
introductory paragraph and equation 5
of paragraph (o) in the July 16, 2024,
final rule. The EPA is correcting these
errors by revising 40 CFR 63.7112(o) to
reference ‘‘total organic HAP’’ instead.
These corrections make the regulatory
text consistent with what the preamble
to the final rule describes. The EPA
finds that there is good cause for
finalizing these technical corrections
without public notice or hearing, as
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explained in greater detail in section IV
of this preamble. Notice and comment
procedures are unnecessary here
because the public is already aware of
this action and its contents. See 5 U.S.C.
553(b)(B).
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III. Summary of Cost, Environmental,
and Economic Impacts
This action will have no cost,
environmental, or economic impacts
beyond the impacts presented in the
July 16, 2024, Lime Manufacturing
NESHAP final rule (89 FR 57738).
IV. Rulemaking Procedures
The EPA’s authority for the
rulemaking procedures followed in this
action is provided by the Administrative
Procedure Act (APA), 5 U.S.C. 553. In
general, an agency issuing a rule must
provide prior notice and an opportunity
for public comment, but APA section
553(b)(B) includes an exemption from
notice-and-comment requirements
‘‘when the agency for good cause finds
(and incorporates the finding and a brief
statement of reasons therefor in the rule
issued) that notice and public procedure
thereon are impracticable, unnecessary,
or contrary to the public interest.’’ This
action is being issued without prior
notice or opportunity for public
comment because the EPA finds that the
APA ‘‘good cause’’ exemption from
notice-and-comment requirements
applies here.
Following notice-and-comment
procedures is unnecessary for this
action. This action corrects technical
errors, correctly referencing 40 CFR
63.7083(g), correctly referencing the
compliance date for new or
reconstructed sources in 40 CFR
63.7083(h)(2) and correcting the
references to ‘‘total hydrocarbons’’ in
the text and in equation 5 of 40 CFR
63.7112(o) in the July 16, 2024, rule. It
is critical to timely correct the identified
error to avoid confusion.
This action is effective immediately
upon publication. The APA typically
requires publication of a final rule to
precede its effective date by at least 30
days unless, as relevant here, the agency
finds good cause to make the rule
effective sooner. APA section 553(b)(B).
Under APA section 553(d), these
technical corrections both necessary and
beneficial to regulated entities in
understanding and complying with the
final rule’s requirements. Further,
because this rule does not impose any
new regulatory requirements, the
regulated community does not need
time to prepare for it to come into effect.
See Omnipoint Corp. v. Fed. Commc’n
Comm’n, 78 F.3d 620, 630 (D.C. Cir.
1996) (in determining whether good
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cause exists to make a rule immediately
effective, an agency should ‘‘balance the
necessity for immediate implementation
against principles of fundamental
fairness which require that all affected
persons be afforded a reasonable
amount of time to prepare for the
effective date of its ruling’’).
Good cause exists for this rule to be
made immediately effective. The EPA
has balanced the necessity for
immediate implementation against the
benefits of delaying implementation.
Because this rule makes technical
corrections to a rule that has already
been promulgated, the public is aware
of the content of the rule. Making the
technical corrections effective
immediately will make the regulatory
text consistent with what the proposed
rule and the preamble to the final rule
have described.
V. Statutory and Executive Order
Reviews
For a complete discussion of all the
statutes, executive orders and
administrative requirements applicable
to this action, see the final rule
published in the Rules and Regulations
section of the Federal Register (89 FR
57738).
List of Subjects in 40 CFR Part 63
Environmental protection,
Administrative practices and
procedures, Air pollution control,
Hazardous substances,
Intergovernmental relations, Reporting
and recordkeeping requirements.
Michael S. Regan,
Administrator.
For the reasons stated in the
preamble, the EPA amends title 40,
chapter I, part 63 of the Code of Federal
Regulations as follows:
PART 63—NATIONAL EMISSION
STANDARDS FOR HAZARDOUS AIR
POLLUTANTS FOR SOURCE
CATEGORIES
1. The authority citation for part 63
continues to read as follows:
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Authority: 42 U.S.C. 7401, et seq.
Subpart AAAAA—National Emission
Standards for Hazardous Air Pollutants
for Lime Manufacturing Plants
2. Amend § 63.7083 by revising
paragraph (h)(2) to read as follows:
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§ 63.7083 When do I have to comply with
this subpart?
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(h) * * *
(2) If your affected source commenced
construction or reconstruction after July
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16, 2024, then the compliance date for
HCl, mercury, total organic HAP, and D/
F emissions limitations is January 5,
2023, or the date of initial startup,
whichever is later.
3. Amend § 63.7090 by revising
paragraph (c) to read as follows:
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§ 63.7090
meet?
What emission limitations must I
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(c) On or after the relevant
compliance date for your source as
specified in § 63.7083(g), you must meet
each startup and shutdown period
emission limit in table 2 to this subpart
that applies to you.
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4. Revise § 63.7100 to read as follows:
§ 63.7100 What are my general
requirements for complying with this
subpart?
(a) Prior to the relevant compliance
date for your source as specified in
§ 63.7083(g), you must be in compliance
with the emission limitations (including
operating limits) in this subpart at all
times, except during periods of startup,
shutdown, and malfunction. On and
after the relevant compliance date for
your source as specified in § 63.7083(g),
you must be in compliance with the
applicable emission limitations
(including operating limits) at all times.
You may operate outside of the
established operating parameter limit(s)
during performance tests in order to
establish new operating limits.
(b) Prior to the relevant compliance
date for your source as specified in
§ 63.7083(g), you must be in compliance
with the opacity and visible emission
(VE) limits in this subpart at all times,
except during periods of startup,
shutdown, and malfunction. On and
after the relevant compliance date for
your source as specified in § 63.7083(g),
you must be in compliance with the
applicable opacity and VE limits at all
times.
(c) Prior to the relevant compliance
date for your source as specified in
§ 63.7083(g), you must always operate
and maintain your affected source,
including air pollution control and
monitoring equipment, according to the
provisions in § 63.6(e)(1)(i). On and after
the relevant compliance date for your
source as specified in § 63.7083(g), you
must always operate and maintain any
affected source, including associated air
pollution control equipment and
monitoring equipment, in a manner
consistent with safety and good air
pollution control practices for
minimizing emissions. The general duty
to minimize emissions does not require
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parametric signal analyzer, and the data
collection and reduction systems;
(iii) Prior to the relevant compliance
date for your source as specified in
§ 63.7083(g), ongoing operation and
maintenance procedures in accordance
with the general requirements of
§ 63.8(c)(1)(i) and (ii), (c)(3), and
(c)(4)(ii). On and after the relevant
compliance date for your source as
specified in § 63.7083(g), ongoing
operation and maintenance procedures
in accordance with the general
requirements of paragraph (c) of this
section and §§ 63.8(c)(1)(ii), (c)(3), and
(c)(4)(ii); and
(iv) Ongoing data quality assurance
procedures in accordance with the
general requirements of § 63.8(d).
(5) Procedures for monitoring process
and control device parameters.
(6) Corrective actions to be taken
when process or operating parameters or
add-on control device parameters
deviate from the operating limits
specified in table 3 to this subpart,
including:
(i) Procedures to determine and
record the cause of a deviation or
excursion, and the time the deviation or
excursion began and ended; and
(ii) Procedures for recording the
corrective action taken, the time
corrective action was initiated, and the
time and date the corrective action was
completed.
(7) A maintenance schedule for each
emission unit and control device that is
consistent with the manufacturer’s
instructions and recommendations for
routine and long-term maintenance.
(e) Prior to the relevant compliance
date for your source as specified in
§ 63.7083(g), you must develop a written
startup, shutdown, and malfunction
plan (SSMP) according to the provisions
in § 63.6(e)(3).
■ 5. Amend § 63.7112 by revising
paragraphs (b), (c), (m), and (o) to read
as follows:
§ 63.7112 What performance tests, design
evaluations, and other procedures must I
use?
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(b) Prior to the relevant compliance
date for your source as specified in
§ 63.7083(g), each performance test must
be conducted according to the
requirements in § 63.7(e)(1) and under
the specific conditions specified in table
5 to this subpart. Beginning July 16,
2024, each performance test must
include the methods specified in rows
19–24 of table 5 to this subpart. On and
after the relevant compliance date for
your source as specified in § 63.7083(g),
each performance test must be
conducted based on representative
performance (i.e., performance based on
normal operating conditions) of the
affected source and under the specific
conditions in table 5 to this subpart.
Representative conditions exclude
periods of startup and shutdown. The
owner or operator may not conduct
performance tests during periods of
malfunction. The owner or operator
must record the process information
that is necessary to document operating
conditions during the test and include
in such record an explanation to
support that such conditions represent
normal operation. Upon request, the
owner or operator shall make available
to the Administrator such records as
may be necessary to determine the
conditions of performance tests.
(c) Prior to the relevant compliance
date for your source as specified in
§ 63.7083(g), you may not conduct
performance tests during periods of
startup, shutdown, or malfunction, as
specified in § 63.7(e)(1). On and after
the relevant compliance date for your
source as specified in § 63.7083(g), you
may not conduct performance tests
during periods of startup, shutdown, or
malfunction, as specified in
§ 63.7112(b).
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(m) On and after the relevant
compliance date for your source as
specified in § 63.7083(g), during startup,
kilns must be tested hourly to determine
when lime product meets the definition
of on-specification lime product.
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(o) The concentration of total organic
HAP and dioxins/furans shall be
corrected to 7 percent oxygen using
equation 5 to this paragraph (o):
Equation 5 to Paragraph (o)
13.9
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(Eq. 5)
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the owner or operator to make any
further efforts to reduce emissions if
levels required by the applicable
standard have been achieved.
Determination of whether such
operation and maintenance procedures
are being used will be based on
information available to the
Administrator which may include, but
is not limited to, monitoring results,
review of operation and maintenance
procedures, review of operation and
maintenance records, and inspection of
the source.
(d) You must prepare and implement
for each LMP, a written operations,
maintenance, and monitoring (OM&M)
plan. You must submit the plan to the
applicable permitting authority for
review and approval as part of the
application for a 40 CFR part 70 or 40
CFR part 71 permit. Any subsequent
changes to the plan must be submitted
to the applicable permitting authority
for review and approval. Pending
approval by the applicable permitting
authority of an initial or amended plan,
you must comply with the provisions of
the submitted plan. Each plan must
contain the following information:
(1) Process and control device
parameters to be monitored to
determine compliance, along with
established operating limits or ranges, as
applicable, for each emission unit.
(2) A monitoring schedule for each
emission unit.
(3) Procedures for the proper
operation and maintenance of each
emission unit and each air pollution
control device used to meet the
applicable emission limitations and
operating limits in tables 1, 2, and 3 to
this subpart, respectively. On and after
the relevant compliance date for your
source as specified in § 63.7083(g), your
OM&M plan must address periods of
startup and shutdown.
(4) Procedures for the proper
installation, operation, and maintenance
of monitoring devices or systems used
to determine compliance, including:
(i) Calibration and certification of
accuracy of each monitoring device;
(ii) Performance and equipment
specifications for the sample interface,
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Where:
C7% = concentration of total organic HAP,
ppmv on a dry basis or dioxins/furans in
ng/dscm corrected to 7 percent oxygen.
Cunc = uncorrected total organic HAP, ppmv
on a dry basis or dioxins/furans in ng/
dscm.
CO2 = concentration of oxygen (percent).
6. Amend § 63.7121 by revising
paragraph (d) to read as follows:
■
§ 63.7121 How do I demonstrate
continuous compliance with the emission
limitations standard?
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(d) Prior to the relevant compliance
date for your source as specified in
§ 63.7083(g), consistent with §§ 63.6(e)
and 63.7(e)(1), deviations that occur
during a period of startup, shutdown, or
malfunction are not violations if you
demonstrate to the Administrator’s
satisfaction that you were operating in
accordance with § 63.6(e)(1). The
Administrator will determine whether
deviations that occur during a period of
startup, shutdown, or malfunction are
violations, according to the provisions
in § 63.6(e).
*
*
*
*
*
■ 7. Amend § 63.7130 by revising
paragraph (e) introductory text to read
as follows:
§ 63.7130 What notifications must I submit
and when?
*
*
*
*
*
(e) If you are required to conduct a
performance test, design evaluation,
opacity observation, VE observation, or
other initial compliance demonstration
as specified in table 4 or 5 to this
subpart, you must submit a Notification
of Compliance Status according to
§ 63.9(h)(2)(ii). Beginning on the
relevant compliance date for your
source as specified in § 63.7083(g),
submit all subsequent Notification of
Compliance Status following the
procedure specified in § 63.7131(h).
*
*
*
*
*
■ 8. Amend § 63.7131 by revising
paragraphs (b)(6), (c)(4) through (6), (d)
introductory text, and (e) introductory
text to read as follows:
§ 63.7131
when?
ddrumheller on DSK120RN23PROD with RULES1
*
What reports must I submit and
*
*
(b) * * *
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*
*
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(6) Beginning on the relevant
compliance date for your source as
specified in § 63.7083(g), submit all
subsequent compliance reports
following the procedure specified in
paragraph (h) of this section.
(c) * * *
(4) Prior to the relevant compliance
date for your source as specified in
§ 63.7083(g), if you had a startup,
shutdown or malfunction during the
reporting period and you took actions
consistent with your SSMP, the
compliance report must include the
information in § 63.10(d)(5)(i).
(5) If there were no deviations from
any emission limitations (emission
limit, operating limit, opacity limit, and
VE limit) that apply to you, the
compliance report must include a
statement that there were no deviations
from the emission limitations during the
reporting period.
(6) If there were no periods during
which the continuous monitoring
systems (CMS) were out-of-control as
specified in § 63.8(c)(7), a statement that
there were no periods during which the
CMS were out-of-control during the
reporting period.
*
*
*
*
*
(d) For each deviation from an
emission limitation (emission limit,
operating limit, opacity limit, and VE
limit) that occurs at an affected source
where you are not using a CMS to
comply with the emission limitations in
this subpart, the compliance report must
contain the information specified in
paragraphs (c)(1) through (4) and (d)(1)
and (2) of this section. The deviations
must be reported in accordance with the
requirements in § 63.10(d) prior to the
relevant compliance date for your
source as specified in § 63.7083(g) and
the requirements in § 63.10(d)(1)
through (4) beginning on the relevant
compliance date for your source as
specified in § 63.7083(g).
*
*
*
*
*
(e) For each deviation from an
emission limitation (emission limit,
operating limit, opacity limit, and VE
limit) occurring at an affected source
where you are using a CMS to comply
with the emission limitation in this
subpart, you must include the
information specified in paragraphs
(c)(1) through (4) and (e)(1) through (11)
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of this section, except that beginning on
the relevant compliance date for your
source as specified in § 63.7083(g), the
semiannual compliance report must also
include the information included in
paragraph (e)(12) of this section. This
includes periods of startup, shutdown,
and malfunction.
*
*
*
*
*
9. Amend § 63.7132 by revising
paragraph (a)(2) introductory text to
read as follows:
■
§ 63.7132
What records must I keep?
(a) * * *
(2) Prior to the relevant compliance
date for your source as specified in
§ 63.7083(g), the records in
§ 63.6(e)(3)(iii) through (v) related to
startup, shutdown, and malfunction. On
and after the relevant compliance date
for your source as specified in
§ 63.7083(g), the records in paragraphs
(a)(2)(i) and (ii) of this section.
*
*
*
*
*
10. Amend § 63.7143 by revising the
definition of ‘‘deviation’’ to read as
follows:
■
§ 63.7143
subpart?
What definitions apply to this
*
*
*
*
*
Deviation means any instance in
which an affected source, subject to this
subpart, or an owner or operator of such
a source:
(1) Fails to meet any requirement or
obligation established by this subpart,
including but not limited to any
emission limitation (including any
operating limit);
(2) Fails to meet any term or condition
that is adopted to implement an
applicable requirement in this subpart
and that is included in the operating
permit for any affected source required
to obtain such a permit; or
(3) Prior to the relevant compliance
date for your source as specified in
§ 63.7083(g), fails to meet any emission
limitation (including any operating
limit) in this subpart during startup,
shutdown, or malfunction, regardless of
whether or not such failure is allowed
by this subpart.
11. Revise table 2 to subpart AAAAA
to read as follows:
■
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96111
TABLE 2 TO SUBPART AAAAA OF PART 63—STARTUP AND SHUTDOWN EMISSION LIMITS FOR KILNS AND COOLERS
[As required in § 63.7090(b), on and after the relevant compliance date for your source as specified in § 63.7083(g), you must meet each
emission limit in the following table that applies to you.]
For . . .
You must meet the following emission limit
You have demonstrated compliance, if after following
the requirements in § 63.7112 . . .
1. All new and existing lime
kilns and their associated
coolers equipped with an
FF or an ESP during each
startup.
Emissions must not exceed 15 percent opacity (based
on startup period block average).
2. All existing lime kilns and
their associated coolers
that have a wet scrubber
during each startup.
3. All new and existing lime
kilns and their associated
coolers equipped with an
FF or an ESP during shutdown.
See item 2.b of table 3 of subpart AAAAA for emission
limit.
i. Installed, maintained, calibrated and operated a
COMS as required by 40 CFR part 63, subpart A,
General Provisions and according to PS–1 of appendix B to part 60 of this chapter, except as specified in
§ 63.7113(g)(2);
ii. Collected the COMS data at a frequency of at least
once every 15 seconds, determining block averages
for each startup period and demonstrating for each
startup block period the average opacity does not exceed 15 percent.
See item 1 of table 6 of subpart AAAAA for requirements for demonstrating compliance.
4. All existing lime kilns and
their associated coolers
that have a wet scrubber
during shutdown.
See item 2.b of table 3 of subpart AAAAA for emission
limit.
Emissions must not exceed 15 percent opacity (based
on 6-minute average opacity for any 6-minute block
period does not exceed 15 percent).
i. Installed, maintained, calibrated and operated a
COMS as required by 40 CFR part 63, subpart A,
General Provisions and according to PS–1 of appendix B to part 60 of this chapter, except as specified in
§ 63.7113(g)(2);
ii. Collecting the COMS data at a frequency of at least
once every 15 seconds, determining block averages
for each 6-minute period and demonstrating for each
6-minute block period the average opacity does not
exceed 15 percent.
See item 1 of table 6 of subpart AAAAA for requirements for demonstrating compliance.
12. Revise tables 5 and 6 to subpart
AAAAA to read as follows:
■
ddrumheller on DSK120RN23PROD with RULES1
TABLE 5 TO SUBPART AAAAA OF PART 63—REQUIREMENTS FOR PERFORMANCE TESTS
[As required in § 63.7112, you must conduct each performance test in the following table that applies to you.]
For . . .
You must . . .
Using . . .
According to the following requirements . . .
1. Each lime kiln and each associated lime cooler, if there
is a separate exhaust to the
atmosphere from the associated lime cooler.
2. Each lime kiln and each associated lime cooler, if there
is a separate exhaust to the
atmosphere from the associated lime cooler.
3. Each lime kiln and each associated lime cooler, if there
is a separate exhaust to the
atmosphere from the associated lime cooler.
4. Each lime kiln and each associated lime cooler, if there
is a separate exhaust to the
atmosphere from the associated lime cooler.
5. Each lime kiln and each associated lime cooler, if there
is a separate exhaust to the
atmosphere from the associated lime cooler, and which
uses a negative pressure PM
control device.
Select the location of the sampling ports and the number
of traverse points.
Method 1 or 1A of appendix A
to part 60 of this chapter;
and § 63.6(d)(1)(i).
Sampling sites must be located at the outlet of the control device(s) and prior to any releases to the atmosphere.
Determine velocity and volumetric flow rate.
Method 2, 2A, 2C, 2D, 2F, or
2G in appendix A to part 60
of this chapter.
Not applicable.
Conduct gas molecular weight
analysis.
Method 3, 3A, or 3B in appendix A to part 60 of this chapter.
You may use manual procedures (but not instrumental procedures) of ASME PTC 19.10–1981—Part 10 (available for
purchase from Three Park Avenue, New York, NY 10016–
5990) as an alternative to using Method 3B.
Measure moisture content of
the stack gas.
Method 4 in appendix A to part
60 of this chapter.
Not applicable.
Measure PM emissions ............
Method 5 in appendix A to part
60 of this chapter.
Conduct the test(s) when the source is operating at representative operating conditions in accordance with § 63.7(e) before the relevant compliance date for your source as specified in § 63.7083(g) and § 63.7112(b) on and after the relevant compliance date for your source as specified in
§ 63.7083(g); the minimum sampling volume must be 0.85
dry standard cubic meter (dscm) (30 dry standard cubic foot
(dscf)); if there is a separate lime cooler exhaust to the atmosphere, you must conduct the Method 5 test of the cooler
exhaust concurrently with the kiln exhaust test.
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TABLE 5 TO SUBPART AAAAA OF PART 63—REQUIREMENTS FOR PERFORMANCE TESTS—Continued
[As required in § 63.7112, you must conduct each performance test in the following table that applies to you.]
For . . .
You must . . .
Using . . .
According to the following requirements . . .
6. Each lime kiln and each associated lime cooler, if there
is a separate exhaust to the
atmosphere from the associated lime cooler, and which
uses a positive pressure FF
or ESP.
Measure PM emissions ............
Method 5D in appendix A to
part 60 of this chapter.
7. Each lime kiln ........................
Determine the mass rate of
stone feed to the kiln during
the kiln performance test.
Any suitable device ..................
8. Each lime kiln equipped with
a wet scrubber.
Establish the operating limit for
the average gas stream
pressure drop across the wet
scrubber during the PM and
HCl performance test(s).
Establish the operating limit for
the average liquid flow rate
to the scrubber during the
PM and HCl performance
test(s).
Have installed and have operating the BLDS or PM detector prior to the PM performance test.
Have installed and have operating the COMS prior to the
performance test.
Data for the gas stream pressure drop measurement device during the kiln performance test.
Conduct the test(s) when the source is operating at representative operating conditions in accordance with § 63.7(e) before the relevant compliance date for your source as specified in § 63.7083(g) and § 63.7112(b) on and after the relevant compliance date for your source as specified in
§ 63.7083(g); If there is a separate lime cooler exhaust to
the atmosphere, you must conduct the Method 5 or 5D test
of the separate cooler exhaust concurrently with the kiln exhaust test. Refer to item 5 of this table for sampling time and
volume requirements.
Calibrate and maintain the device according to manufacturer’s
instructions; the measuring device used must be accurate to
within ±5 percent of the mass rate of stone feed over its operating range.
The continuous pressure drop measurement device must be
accurate within plus or minus 1 percent; you must collect the
pressure drop data during the period of the performance test
and determine the operating limit according to § 63.7112(j).
9. Each lime kiln equipped with
a wet scrubber.
10. Each lime kiln equipped with
a FF or ESP that is monitored
with a PM detector.
ddrumheller on DSK120RN23PROD with RULES1
11. Each lime kiln equipped with
a FF or ESP that is monitored
with a COMS.
Data from the liquid flow rate
measurement device during
the kiln performance test.
Standard operating procedures
incorporated into the OM&M
plan.
Standard operating procedures
incorporated into the OM&M
plan and as required by 40
CFR part 63, subpart A,
General Provisions and according to PS–1 of appendix
B to part 60 of this chapter,
except as specified in
§ 63.7113(g)(2).
Method 5 or Method 17 in appendix A to part 60 of this
chapter.
The continuous scrubbing liquid flow rate measuring device
must be accurate within plus or minus 1 percent; you must
collect the flow rate data during the period of the performance test and determine the operating limit according to
§ 63.7112(j).
According to the requirements in § 63.7113(d) or (e), respectively.
According to the requirements in § 63.7113(g).
12. Each stack emission from a
PSH operation, vent from a
building enclosing a PSH operation, or set of multiple storage bins with combined stack
emissions, which is subject to
a PM emission limit.
Measure PM emissions ............
13. Each stack emission from a
PSH operation, vent from a
building enclosing a PSH operation, or set of multiple storage bins with combined stack
emissions, which is subject to
an opacity limit.
14. Each stack emissions
source from a PSH operation
subject to a PM or opacity
limit, which uses a wet scrubber.
15. Each stack emissions
source from a PSH operation
subject to a PM or opacity
limit, which uses a wet scrubber.
16. Each FF that controls emissions from only an individual,
enclosed, new or existing
storage bin.
17. Fugitive emissions from any
PSH operation subject to an
opacity limit.
Conduct opacity observations ..
Method 9 in appendix A to part
60 of this chapter.
The sample volume must be at least 1.70 dscm (60 dscf); for
Method 5, if the gas stream being sampled is at ambient
temperature, the sampling probe and filter may be operated
without heaters; and if the gas stream is above ambient temperature, the sampling probe and filter may be operated at a
temperature high enough, but no higher than 121 °C (250
°F), to prevent water condensation on the filter (Method 17
may be used only with exhaust gas temperatures of not
more than 250 °F).
The test duration must be for at least 3 hours and you must
obtain at least thirty, 6-minute averages.
Establish the average gas
stream pressure drop across
the wet scrubber during the
PM and HCl performance
test(s).
Establish the operating limit for
the average liquid flow rate
to the scrubber during the
PM and HCl performance
test(s).
Conduct opacity observations ..
Data for the gas stream pressure drop measurement device during the PSH operation stack performance test.
The pressure drop measurement device must be accurate
within plus or minus 1 percent; you must collect the pressure
drop data during the period of the performance test and determine the operating limit according to § 63.7112(j).
Data from the liquid flow rate
measurement device during
the PSH operation stack performance test.
The continuous scrubbing liquid flow rate measuring device
must be accurate within plus or minus 1 percent; you must
collect the flow rate data during the period of the performance test and determine the operating limit according to
§ 63.7112(j).
The test duration must be for at least 1 hour and you must obtain ten 6-minute averages.
Conduct opacity observations ..
Method 9 in appendix A to part
60 of this chapter.
18. Each building enclosing any
PSH operation, that is subject
to a VE limit.
Conduct VE check ...................
The specifications in
§ 63.7112(k).
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Method 9 in appendix A to part
60 of this chapter.
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The test duration must be for at least 3 hours, but the 3-hour
test may be reduced to 1 hour if, during the first 1-hour period, there are no individual readings greater than 10 percent
opacity and there are no more than three readings of 10
percent during the first 1-hour period.
The performance test must be conducted while all affected
PSH operations within the building are operating; the performance test for each affected building must be at least 75
minutes, with each side of the building and roof being observed for at least 15 minutes.
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96113
TABLE 5 TO SUBPART AAAAA OF PART 63—REQUIREMENTS FOR PERFORMANCE TESTS—Continued
[As required in § 63.7112, you must conduct each performance test in the following table that applies to you.]
For . . .
You must . . .
Using . . .
According to the following requirements . . .
19. Each lime kiln ......................
Measure hydrogen chloride .....
Method 320 or 321 of appendix
A of this part or ASTM 6348–
12e1 (Note 1).
20. Each lime kiln ......................
Measure mercury .....................
Method 29 or 30B Appendix A
to part 60 of this chapter or
ASTM D6784–16.
21. Each lime kiln ......................
Measure total organic HAP 2 ....
Method 18 and/or 320 in appendix A to part 60 of this
chapter and/or ASTM
D6348–12e1 1.
22. Each lime kiln ......................
Measure dioxins/furans ............
Method 23 in Appendix A to
part 60 of this chapter.
23. Each lime kiln equipped with
dry sorbent injection.
Establish the operating limit for
the dry sorbent flow rate during the HCl performance test.
Data for the dry sorbent flow
rate device during the HCl
performance test.
24. Each lime kiln equipped with
a thermal oxidizer.
Establish the operating limit for
the combustion chamber
temperature during the total
organic HAP and D/F performance test(s).
Establish the operating limit for
the combustion chamber
temperature during the total
organic HAP, D/F, and mercury performance test(s).
Data for the temperature device during the total organic
HAP and dioxin/furan performance test(s).
The test duration must be at least one hour. HCl must be used
for the analyte spiking. For a positive pressure FF or ESP,
determine the number of sampling points per the stratification check procedures of section 8.1.2 of Method 7E using
the sample points determined using the procedures of Section 8 of EPA Method 5D.
For Method 29 and ASTM D6784–16 the test duration must be
at least two hours and the sample volume must be at least
1.70 dscm (60 dscf). For Method 30B, the test duration must
be at least one hour and the sample volume at least 100 liters. For a positive pressure FF or ESP, use the procedures
of Section 8 of EPA Method 5D for sampling points.
The test duration must be at least 1 hour. For EPA Method
320 and ASTM D6348–12e1, for a positive pressure FF or
ESP, determine the number of sampling points per the stratification check procedures of section 8.1.2 of Method 7E
using the sample points determined using the procedures of
Section 8 of EPA Method 5D.
The test duration must be at least 3 hours and the must be at
least 3 dscm (106 dscf). For a positive pressure FF or ESP,
use the procedures of Section 8 of EPA Method 5D for sampling points. When calculating TEQ, zero may be used for
congeners that are below the EDL.
The flow monitor must meet the criteria in § 63.7113(h); you
must collect the dry sorbent flow rate data during the period
of the HCl performance test and determine the operating
limit according to § 63.7112(j).
The temperature device must meet the criteria in § 63.7113(i);
you must collect the temperature data during the period of
the total organic HAP and D/F performance test(s) and determine the operating limit according to § 63.7112(j).
Data for the activated carbon
flow rate device during the
total organic HAP, dioxin/
furan, and mercury performance test(s).
The flow monitor must meet the criteria in § 63.7113(h); you
must collect the activated carbon flow rate data during the
period of the total organic HAP, D/F, and mercury performance test(s)and determine the operating limit according to
§ 63.7112(j).
25. Each lime kiln equipped with
activated carbon injection.
1 When using ASTM D6348–12e1 (1) the test plan preparation and implementation in the Annexes to ASTM D6348–12e1, sections A1 through A8 are mandatory,
(2) In ASTM D6348–12e1 Annex A5 (Analyte Spiking Technique), the percent (%) R must be determined for each target analyte (Equation A5.5). In order for the test
data to be acceptable for a compound, %R must be 70% ≥ R ≤ 130%. If the %R value does not meet this criterion for a target compound, the test data is not acceptable for that compound and the test must be repeated for that analyte (i.e., the sampling and/or analytical procedure should be adjusted before a retest). The %R
value for each compound must be reported in the test report, and all field measurements must be corrected with the calculated %R value for that compound according to: Reported Results = ((Measured Concentration in Stack))/(%R) × 100.
2 Total Organic HAP is the sum of the concentrations of compounds of formaldehyde, acetaldehyde, toluene, benzene, m-xylene, p-xylene, o-xylene, styrene, ethyl
benzene, and naphthalene.
ddrumheller on DSK120RN23PROD with RULES1
TABLE 6 TO SUBPART AAAAA OF PART 63—CONTINUOUS COMPLIANCE WITH OPERATING LIMITS
[As required in § 63.7121, you must demonstrate continuous compliance with each operating limit listed in table 3 to subpart AAAAA that applies
to you, according to the following table.]
For . . .
For the following operating limit . . .
You must demonstrate continuous compliance by . . .
1. Each lime kiln controlled by a
wet scrubber.
Maintain the 3-hour block average exhaust
gas stream pressure drop across the wet
scrubber greater than or equal to the pressure drop operating limit established during
the performance test; and maintain the 3hour block average scrubbing liquid flow
rate greater than or equal to the flow rate
operating limit established during the performance test.
Collecting the wet scrubber operating data according to all
applicable requirements in § 63.7113 and reducing the data
according to § 63.7113(a); maintaining the 3-hour block average exhaust gas stream pressure drop across the wet
scrubber greater than or equal to the pressure drop operating limit established during the performance test; and
maintaining the 3-hour block average scrubbing liquid flow
rate greater than or equal to the flow rate operating limit
established during the performance test (the continuous
scrubbing liquid flow rate measuring device must be accurate within ±1% and the continuous pressure drop measurement device must be accurate within ±1%).
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Federal Register / Vol. 89, No. 233 / Wednesday, December 4, 2024 / Rules and Regulations
TABLE 6 TO SUBPART AAAAA OF PART 63—CONTINUOUS COMPLIANCE WITH OPERATING LIMITS—Continued
[As required in § 63.7121, you must demonstrate continuous compliance with each operating limit listed in table 3 to subpart AAAAA that applies
to you, according to the following table.]
For . . .
For the following operating limit . . .
You must demonstrate continuous compliance by . . .
2. Each lime kiln or lime cooler
equipped with a FF and using
a BLDS, and each lime kiln
equipped with an ESP or FF
using a PM detector.
a. Maintain and operate the FF or ESP such
that the bag leak or PM detector alarm, is
not activated and alarm condition does not
exist for more than 5 percent of the total
operating time in each 6-month period.
3. Each stack emissions source
from a PSH operation subject
to an opacity limit, which is
controlled by a wet scrubber.
Maintain the 3-hour block average exhaust
gas stream pressure drop across the wet
scrubber greater than or equal to the pressure drop operating limit established during
the performance test; and maintain the 3hour block average scrubbing liquid flow
rate greater than or equal to the flow rate
operating limit established during the performance test.
4. For each lime kiln or lime
cooler equipped with a FF or
an ESP that uses a COMS
as the monitoring device.
a. Maintain and operate the FF or ESP such
that the average opacity for any 6-minute
block period does not exceed 15 percent.
5. Each lime kiln equipped with
dry sorbent injection.
Maintain the 3-hour block dry sorbent and/or
activated carbon flow rate greater than or
equal to the injection flow rate operating
limit established during the most recent performance test..
6. Each lime kiln equipped with
a thermal oxidizer.
Maintain the 3-hour block average combustion
chamber temperature greater or equal to
the combustion chamber operating limit established in the most recent performance
test.
(i) Operating the FF or ESP so that the alarm on the bag leak
or PM detection system is not activated and an alarm condition does not exist for more than 5 percent of the total
operating time in each 6-month reporting period; and continuously recording the output from the BLD or PM detection system; and
(ii) Each time the alarm sounds and the owner or operator initiates corrective actions within 1 hour of the alarm, 1 hour
of alarm time will be counted (if the owner or operator
takes longer than 1 hour to initiate corrective actions, alarm
time will be counted as the actual amount of time taken by
the owner or operator to initiate corrective actions); if inspection of the FF or ESP system demonstrates that no
corrective actions are necessary, no alarm time will be
counted.
Collecting the wet scrubber operating data according to all
applicable requirements in § 63.7113 and reducing the data
according to § 63.7113(a); maintaining the 3-hour block average exhaust gas stream pressure drop across the wet
scrubber greater than or equal to the pressure drop operating limit established during the performance test; and
maintaining the 3-hour block average scrubbing liquid flow
rate greater than or equal to the flow rate operating limit
established during the performance test (the continuous
scrubbing liquid flow rate measuring device must be accurate within ±1% and the continuous pressure drop measurement device must be accurate within ±1%).
i. Installing, maintaining, calibrating and operating a COMS as
required by 40 CFR part 63, subpart A, General Provisions
and according to PS–1 of appendix B to part 60 of this
chapter, except as specified in § 63.7113(g)(2); and
ii. Collecting the COMS data at a frequency of at least once
every 15 seconds, determining block averages for each 6minute period and demonstrating for each 6-minute block
period the average opacity does not exceed 15 percent.
Collecting the dry sorbent and/or activated carbon injection
operating data according to all applicable requirements in
§ 63.7113 and reducing the data according to § 63.7113(a);
maintaining the 3-hour block average injection flow rate
greater than or equal to the injection flow rate operating
limit established during the performance test
Collecting the thermal oxidizer operating data according to all
applicable requirements in § 63.7113 and reducing the data
according to § 63.7113(a); maintaining the 3-hour block average combustion chamber temperature greater than or
equal to the combustion chamber operating limit established during the performance test.
13. Revise table 8 to subpart AAAAA
to read as follows:
TABLE 8 TO SUBPART AAAAA OF PART 63—REQUIREMENTS FOR REPORTS
ddrumheller on DSK120RN23PROD with RULES1
[As required in § 63.7131, you must submit each report in this table that applies to you.]
You must submit a . . .
The report must contain . . .
You must submit the report . . .
1. Compliance report ..........................................
a. If there are no deviations from any emission limitations (emission limit, operating
limit, opacity limit, and VE limit) that applies
to you, a statement that there were no deviations from the emission limitations during
the reporting period;.
Semiannually according to the requirements
in § 63.7131(b).
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TABLE 8 TO SUBPART AAAAA OF PART 63—REQUIREMENTS FOR REPORTS—Continued
[As required in § 63.7131, you must submit each report in this table that applies to you.]
You must submit a . . .
2. Before the relevant compliance date for your
source as specified in § 63.7083(g), an immediate startup, shutdown, and malfunction report if you had a startup, shutdown, or malfunction during the reporting period that is not
consistent with your SSMP.
3. Before the relevant compliance date for your
source as specified in § 63.7083(g), an immediate startup, shutdown, and malfunction report if you had a startup, shutdown, or malfunction during the reporting period that is not
consistent with your SSMP.
4. Performance Test Report ...............................
The report must contain . . .
You must submit the report . . .
b. If there were no periods during which the
CMS, including any operating parameter
monitoring system, was out-of-control as
specified in § 63.8(c)(7), a statement that
there were no periods during which the
CMS was out-of-control during the reporting
period;.
c. If you have a deviation from any emission
limitation (emission limit, operating limit,
opacity limit, and VE limit) during the reporting period, the report must contain the information in § 63.7131(d);.
d. If there were periods during which the
CMS, including any operating parameter
monitoring system, was out-of-control, as
specified in § 63.8(c)(7), the report must
contain the information in § 63.7131(e); and.
e. Before the relevant compliance date for
your source as specified in § 63.7083(g), if
you had a startup, shutdown or malfunction
during the reporting period and you took actions consistent with your SSMP, the compliance report must include the information
in § 63.10(d)(5)(i). On and after the relevant
compliance date for your source as specified in § 63.7083(g), if you had a startup,
shutdown or malfunction during the reporting period and you failed to meet an applicable standard, the compliance report must
include the information in § 63.7131(c)(3)..
Actions taken for the event ..............................
Semiannually according to the requirements
in § 63.7131(b).
The information in § 63.10(d)(5)(ii) ..................
By letter within 7 working days after the end
of the event unless you have made alternative arrangements with the permitting authority. See § 63.10(d)(5)(ii).
The information required in § 63.7(g) and
§ 63.7112(h).
According to the requirements of § 63.7131.
Semiannually according to the requirements
in § 63.7131(b).
Semiannually according to the requirements
in § 63.7131(b).
Semiannually according to the requirements
in § 63.7131(b).
By fax or telephone within 2 working days
after starting actions inconsistent with the
SSMP.
14. Revise table 10 to subpart AAAAA
to read as follows:
■
TABLE 10 TO SUBPART AAAAA OF PART 63—APPLICABILITY OF GENERAL PROVISIONS TO SUBPART AAAAA
ddrumheller on DSK120RN23PROD with RULES1
[As required in § 63.7140, you must comply with the applicable General Provisions requirements according to the following table.]
Citation
Summary of requirement
Am I subject to this requirement?
§ 63.1(a)(1)–(4) ..............................
§ 63.1(a)(5) .....................................
§ 63.1(a)(6) .....................................
§ 63.1(a)(7)–(a)(9) ..........................
§ 63.1(a)(10)–(a)(14) ......................
§ 63.1(b)(1) .....................................
Applicability ...................................
Yes ................................................
No .................................................
Yes ................................................
No .................................................
Yes ................................................
Yes ................................................
§ 63.1(b)(2) .....................................
§ 63.1(b)(3) .....................................
§ 63.1(c)(1) .....................................
VerDate Sep<11>2014
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Applicability ...................................
Applicability ...................................
Initial Applicability Determination ..
Initial Applicability Determination ..
Applicability After Standard Established.
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Explanations
§§ 63.7081 and 63.7142 specify
additional applicability determination requirements.
No .................................................
Yes ................................................
Yes ................................................
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04DER1
96116
Federal Register / Vol. 89, No. 233 / Wednesday, December 4, 2024 / Rules and Regulations
TABLE 10 TO SUBPART AAAAA OF PART 63—APPLICABILITY OF GENERAL PROVISIONS TO SUBPART AAAAA—Continued
[As required in § 63.7140, you must comply with the applicable General Provisions requirements according to the following table.]
Citation
Summary of requirement
Am I subject to this requirement?
Explanations
§ 63.1(c)(2) .....................................
Permit Requirements ....................
No .................................................
Area sources not subject to subpart AAAAA, except all sources
must make initial applicability
determination.
§ 63.1(c)(3)–(4) ..............................
§ 63.1(c)(5) .....................................
§ 63.1(c)(6) .....................................
§ 63.1(d) .........................................
§ 63.1(e) .........................................
§ 63.2 .............................................
§ 63.3(a)–(c) ...................................
§ 63.4(a)(1)–(a)(2) ..........................
§ 63.4(a)(3)–(a)(5) ..........................
§ 63.4(b)–(c) ...................................
§ 63.5(a)(1)–(2) ..............................
§ 63.5(b)(1) .....................................
§ 63.5(b)(2) .....................................
§ 63.5(b)(3)–(4) ..............................
§ 63.5(b)(5) .....................................
§ 63.5(b)(6) .....................................
§ 63.5(c) .........................................
§ 63.5(d)(1)–(4) ..............................
§ 63.5(e) .........................................
§ 63.5(f)(1)–(2) ...............................
§ 63.6(a) .........................................
§ 63.6(b)(1)–(5) ..............................
§ 63.6(b)(6) .....................................
§ 63.6(b)(7) .....................................
§ 63.6(c)(1)–(2) ..............................
§ 63.6(c)(3)–(c)(4) ..........................
§ 63.6(c)(5) .....................................
§ 63.6(d) .........................................
§ 63.6(e)(1)(i) .................................
Applicability of Permit Program ....
Definitions .....................................
Units and Abbreviations ...............
Prohibited Activities ......................
Circumvention, Severability ..........
Construction/Reconstruction .........
Compliance Dates ........................
Construction Approval, Applicability.
Applicability ...................................
Approval of Construction/Reconstruction.
Approval of Construction/Reconstruction.
Approval of Construction/Reconstruction.
Compliance for Standards and
Maintenance.
Compliance Dates ........................
Compliance Dates ........................
Compliance Dates ........................
Compliance Dates ........................
General Duty to Minimize Emissions.
§ 63.6(e)(1)(ii) .................................
Requirement to Correct Malfunctions ASAP.
§ 63.6(e)(1)(iii) ................................
Operation and Maintenance Requirements.
§ 63.6(e)(2) .....................................
§ 63.6(e)(3) .....................................
ddrumheller on DSK120RN23PROD with RULES1
Area Source Becomes Major .......
Reclassification .............................
Startup, Shutdown Malfunction
Plan.
No .................................................
Yes ................................................
Yes ................................................
No .................................................
Yes ................................................
Yes ................................................
Yes ................................................
Yes ................................................
No .................................................
Yes ................................................
Yes ................................................
Yes ................................................
No .................................................
Yes ................................................
No .................................................
Yes ................................................
No .................................................
Yes ................................................
Yes ................................................
Yes ................................................
Yes ................................................
Yes ................................................
No .................................................
Yes ................................................
Yes ................................................
No .................................................
Yes ................................................
No .................................................
Yes before the relevant compliance date for your source as
specified in § 63.7083(g).
No on and after the relevant compliance date for your source as
specified in § 63.7083(g).
Yes before the relevant compliance date for your source as
specified in § 63.7083(g).
No on and after the relevant compliance date for your source as
specified in § 63.7083(g).
Yes ................................................
No .................................................
Yes before the relevant compliance date for your source as
specified in § 63.7083(g).
No on and after the relevant compliance date for your source as
specified in § 63.7083(e).
No .................................................
§ 63.6(f)(1) ......................................
SSM exemption ............................
§ 63.6(f)(2)–(3) ...............................
Methods for Determining Compliance.
Alternative Standard .....................
SSM exemption ............................
Yes ................................................
Methods for Determining Compliance.
Yes ................................................
§ 63.6(g)(1)–(g)(3) ..........................
§ 63.6(h)(1) .....................................
§ 63.6(h)(2) .....................................
§ 63.6(h)(3) .....................................
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Additional definitions in § 63.7143.
Yes ................................................
No .................................................
On and after the relevant compliance date for your source as
specified in § 63.7083(g), see
§ 63.7100 for general duty requirement.
[Reserved]
On and after the relevant compliance date for your source as
specified in § 63.7083(g), the
OM&M plan must address periods of startup and shutdown.
See § 63.7100(d).
See § 63.7100. For periods of
startup and shutdown, see
§ 63.7090(c).
See § 63.7100. For periods of
startup and shutdown, see
§ 63.7090(c).
No .................................................
PO 00000
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Federal Register / Vol. 89, No. 233 / Wednesday, December 4, 2024 / Rules and Regulations
96117
TABLE 10 TO SUBPART AAAAA OF PART 63—APPLICABILITY OF GENERAL PROVISIONS TO SUBPART AAAAA—Continued
ddrumheller on DSK120RN23PROD with RULES1
[As required in § 63.7140, you must comply with the applicable General Provisions requirements according to the following table.]
Citation
Summary of requirement
Am I subject to this requirement?
§ 63.6(h)(4)–(h)(5)(i) .......................
Opacity/VE Standards ..................
Yes ................................................
§ 63.6(h)(5) (ii)–(iii) .........................
Opacity/VE Standards ..................
No .................................................
§ 63.6(h)(5)(iv) ................................
§ 63.6(h)(5)(v) ................................
§ 63.6(h)(6) .....................................
§ 63.6(h)(7) .....................................
§ 63.6(h)(8) .....................................
§ 63.6(h)(9) .....................................
§ 63.6(i)(1)–(i)(14) ..........................
§ 63.6(i)(15) ....................................
§ 63.6(i)(16) ....................................
§ 63.6(j) ..........................................
§ 63.7(a)(1)–(a)(3) ..........................
Opacity/VE Standards ..................
Opacity/VE Standards ..................
Opacity/VE Standards ..................
COM Use ......................................
Compliance with Opacity and VE
Adjustment of Opacity Limit .........
Extension of Compliance ..............
No .................................................
Yes ................................................
Yes ................................................
Yes ................................................
Yes ................................................
Yes ................................................
Yes ................................................
No .................................................
Yes ................................................
Yes ................................................
Yes ................................................
§ 63.7(b) .........................................
§ 63.7(c) .........................................
§ 63.7(d) .........................................
§ 63.7(e)(1) .....................................
Notification ....................................
Quality Assurance/Test Plan ........
Testing Facilities ...........................
Conduct of Tests ..........................
§ 63.7(e)(2)–(4) ..............................
§ 63.7(f) ..........................................
§ 63.7(g) .........................................
§ 63.7(h) .........................................
§ 63.8(a)(1) .....................................
§ 63.8(a)(2) .....................................
§ 63.8(a)(3) .....................................
§ 63.8(a)(4) .....................................
§ 63.8(b)(1)–(3) ..............................
§ 63.8(c)(1)(i) ..................................
Conduct of Tests ..........................
Alternative Test Method ...............
Data Analysis ................................
Waiver of Tests ............................
Monitoring Requirements .............
Monitoring .....................................
§ 63.8(c)(1)(ii) .................................
§ 63.8(c)(1)(iii) ................................
CMS Spare Parts .........................
Requirement to Develop SSM
Plan for CMS.
§ 63.8(c)(2)–(3) ..............................
§ 63.8(c)(4) .....................................
§ 63.8(c)(4)(i)–(ii) ............................
CMS Operation/Maintenance .......
CMS Requirements ......................
Cycle Time for COM and CEMS ..
§ 63.8(c)(5) .....................................
§ 63.8(c)(6) .....................................
§ 63.8(c)(7)–(8) ..............................
§ 63.8(d)(1)–(2) ..............................
§ 63.8(d)(3) .....................................
Minimum COM procedures ..........
CMS Requirements ......................
CMS Requirements ......................
Quality Control ..............................
Quality Control ..............................
§ 63.8(e) .........................................
§ 63.8(f)(1)–(f)(5) ............................
§ 63.8(f)(6) ......................................
Performance Evaluation for CMS
Alternative Monitoring Method ......
Alternative to Relative Accuracy
Test for CEMS.
VerDate Sep<11>2014
15:51 Dec 03, 2024
Extension of Compliance ..............
Exemption from Compliance ........
Performance Testing Requirements.
Monitoring .....................................
Conduct of Monitoring ..................
CMS Operation/Maintenance .......
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Frm 00029
Fmt 4700
Yes ................................................
Yes ................................................
Yes ................................................
Yes before the relevant compliance date for your source as
specified in § 63.7083(g).
No on and after the relevant compliance date for your source as
specified in § 63.7083(g).
Yes ................................................
Yes ................................................
Yes ................................................
Yes ................................................
Yes ................................................
Yes ................................................
No .................................................
No .................................................
Yes ................................................
Yes before the relevant compliance date for your source as
specified in § 63.7083(g).
No on and after the relevant compliance date for your source as
specified in § 63.7083(e).
Yes ................................................
Yes before the relevant compliance date for your source as
specified in § 63.7083(g).
No on and after the relevant compliance date for your source as
specified in § 63.7083(g).
Yes ................................................
No .................................................
Yes ................................................
Yes ................................................
No .................................................
Yes ................................................
Yes ................................................
Yes before the relevant compliance date for your source as
specified in § 63.7083(g).
No on and after the relevant compliance date for your source as
specified in § 63.7083(g).
Yes ................................................
Yes ................................................
No .................................................
Sfmt 4700
E:\FR\FM\04DER1.SGM
Explanations
This requirement only applies to
opacity and VE performance
checks required in table 5 to
subpart AAAAA.
Test durations are specified in
subpart AAAAA; subpart
AAAAA takes precedence.
§ 63.7110 specifies deadlines;
§ 63.7112 has additional specific requirements.
On and after the relevant compliance date for your source as
specified in § 63.7083(g), see
§ 63.7112(b).
See § 63.7113.
Flares not applicable.
On and after the relevant compliance date for your source as
specified in § 63.7083(g), see
§ 63.7100 for OM&M requirements.
On and after the relevant compliance date for your source as
specified in § 63.7083(g), no
longer required.
See § 63.7121.
No CEMS are required under
subpart AAAAA; see § 63.7113
for CPMS requirements.
COM not required.
See § 63.7113.
See also § 63.7113.
See also § 63.7113
No CEMS required in subpart
AAAAA.
04DER1
96118
Federal Register / Vol. 89, No. 233 / Wednesday, December 4, 2024 / Rules and Regulations
TABLE 10 TO SUBPART AAAAA OF PART 63—APPLICABILITY OF GENERAL PROVISIONS TO SUBPART AAAAA—Continued
[As required in § 63.7140, you must comply with the applicable General Provisions requirements according to the following table.]
Citation
Summary of requirement
Am I subject to this requirement?
§ 63.8(g)(1)–(g)(5) ..........................
No .................................................
§ 63.9(e) .........................................
§ 63.9(f) ..........................................
Data Reduction; Data That Cannot Be Used.
Notification Requirements ............
Initial Notifications .........................
Request for Compliance Extension.
New Source Notification for Special Compliance Requirements.
Notification of Performance Test ..
Notification of VE/Opacity Test ....
§ 63.9(g) .........................................
Additional CMS Notifications ........
No .................................................
§ 63.9(h)(1)–(h)(3) ..........................
§ 63.9(h)(4) .....................................
§ 63.9(h)(5)–(h)(6) ..........................
§ 63.9(i) ..........................................
§ 63.9(j) ..........................................
§ 63.9(k) .........................................
§ 63.10(a) .......................................
Notification of Compliance Status
Yes ................................................
No .................................................
Yes ................................................
Yes ................................................
Yes ................................................
Yes ................................................
Yes ................................................
§ 63.9(a) .........................................
§ 63.9(b) .........................................
§ 63.9(c) .........................................
§ 63.9(d) .........................................
ddrumheller on DSK120RN23PROD with RULES1
§ 63.10(b)(1) ...................................
§ 63.10(b)(2)(i) ...............................
Notification of Compliance Status
Adjustment of Deadlines ..............
Change in Previous Information ...
Electronic reporting procedures ...
Recordkeeping/Reporting General
Requirements.
Records ........................................
Recordkeeping of Occurrence and
Duration of Startups and Shutdowns.
§ 63.10(b)(2)(ii) ...............................
Recordkeeping of Failures to
Meet a Standard.
§ 63.10(b)(2)(iii) ..............................
§ 63.10(b)(2)(iv)–(v) .......................
Maintenance Records ...................
Actions Taken to Minimize Emissions During SSM.
§ 63.10(b)(2)(vi)–(xii) ......................
§ 63.10(b)(2)(xiii) ............................
§ 63.10(b)(2)(xiv) ............................
§ 63.10(b)(3) ...................................
§ 63.10(c) .......................................
§ 63.10(d)(1) ...................................
§ 63.10(d)(2) ...................................
§ 63.10(d)(3) ...................................
Recordkeeping for CMS ...............
Records for Relative Accuracy
Test.
Records for Notification ................
Applicability Determinations .........
Additional CMS Recordkeeping ...
General Reporting Requirements
Performance Test Results ............
Opacity or VE Observations .........
§ 63.10(d)(4) ...................................
Progress Reports ..........................
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15:51 Dec 03, 2024
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Frm 00030
Fmt 4700
Yes ................................................
Yes ................................................
Yes ................................................
Explanations
See data reduction requirements
in §§ 63.7120 and 63.7121.
See § 63.7130.
Yes ................................................
Yes ................................................
Yes ................................................
Yes ................................................
Yes before the relevant compliance date for your source as
specified in § 63.7083(g).
No on and after the relevant compliance date for your source as
specified in § 63.7083(g).
Yes before the relevant compliance date for your source as
specified in § 63.7083(g).
No on and after the relevant compliance date for your source as
specified in § 63.7083(g).
Yes ................................................
Yes before the relevant compliance date for your source as
specified in § 63.7083(g).
No on and after the relevant compliance date for your source as
specified in § 63.7083(e).
Yes ................................................
No .................................................
Yes ................................................
Yes ................................................
No .................................................
Yes ................................................
Yes ................................................
Yes ................................................
This requirement only applies to
opacity and VE performance
tests required in table 5 to subpart AAAAA. Notification not required for VE/opacity test under
table 7 to subpart AAAAA.
Not required for operating parameter monitoring.
Only as specified in § 63.9(j)
See §§ 63.7131 through 63.7133.
On and after the relevant compliance date for your source as
specified in § 63.7083(g), see
§ 63.7132 for recordkeeping of
(1) date, time and duration; (2)
listing of affected source or
equipment, and an estimate of
the quantity of each regulated
pollutant emitted over the
standard; and (3) actions to
minimize emissions and correct
the failure.
On and after the relevant compliance date for your source as
specified in § 63.7083(g), see
§ 63.7100 for OM&M requirements.
See § 63.7132.
For the periodic monitoring requirements in table 7 to subpart
AAAAA, report according to
§ 63.10(d)(3) only if VE observed and subsequent visual
opacity test is required.
Yes ................................................
Sfmt 4700
E:\FR\FM\04DER1.SGM
04DER1
Federal Register / Vol. 89, No. 233 / Wednesday, December 4, 2024 / Rules and Regulations
96119
TABLE 10 TO SUBPART AAAAA OF PART 63—APPLICABILITY OF GENERAL PROVISIONS TO SUBPART AAAAA—Continued
[As required in § 63.7140, you must comply with the applicable General Provisions requirements according to the following table.]
Citation
Summary of requirement
§ 63.10(d)(5)(i) ...............................
Periodic Startup, Shutdown, Malfunction Reports.
§ 63.10(d)(5)(ii) ...............................
Immediate Startup, Shutdown,
Malfunction Reports.
§ 63.10(e) .......................................
Additional CMS Reports ...............
§ 63.10(f) ........................................
Waiver for Recordkeeping/Reporting.
Control Device and Work Practice
Requirements.
State Authority and Delegations ...
State/Regional Addresses ............
Incorporation by Reference ..........
Availability of Information and
Confidentiality.
Performance Track Provisions .....
§ 63.11(a)–(b) .................................
§ 63.12(a)–(c)
§ 63.13(a)–(c)
§ 63.14(a)–(b)
§ 63.15(a)–(b)
.................................
.................................
.................................
.................................
§ 63.16 ...........................................
BILLING CODE 6560–50–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
42 CFR Part 52i
[Docket No. NIH–2022–0001]
RIN 0925–AA70
National Institute on Minority Health
and Health Disparities Research
Endowment Programs
National Institutes of Health,
HHS.
ACTION:
Final rule.
The Department of Health and
Human Services (HHS or Department),
through the National Institutes of Health
(NIH), is amending the regulation
governing the National Institute on
Minority Health and Health Disparities
(NIMHD) Research Endowment
Programs (REP) to update the heading of
the regulation to reflect the new name
of the program, the eligibility
requirements for the program to indicate
the new expanded eligibility for
research endowment awards that is
mandated by statute, the heading of one
section of the regulation, and certain
references to regulations and policies
cited in the regulation that apply to
program grant awards.
DATES: This final rule is effective
January 3, 2025.
ddrumheller on DSK120RN23PROD with RULES1
SUMMARY:
VerDate Sep<11>2014
15:51 Dec 03, 2024
Jkt 265001
Explanations
Yes before the relevant compliance date for your source as
specified in § 63.7083(g).
No on and after the relevant compliance date for your source as
specified in § 63.7083(g).
Yes before the relevant compliance date for your source as
specified in § 63.7083(g).
No on and after the relevant compliance date for your source as
specified in § 63.7083(g).
No .................................................
On and after the relevant compliance date for your source as
specified in § 63.7083(g), see
§ 63.7131 for malfunction reporting requirements.
No .................................................
Yes ................................................
SUPPLEMENTARY INFORMATION:
I. Background and Statutory Mandate
On March 18, 2022, the President
signed into law the John Lewis NIMHD
Research Endowment Revitalization Act
of 2021, Public Law (Pub. L.) 117–104.
Section 2 of this law amended section
464z–3(h) of the Public Health Service
(PHS) Act, as amended (42 U.S.C.
285t(h)) by revising program eligibility
requirements to include eligible current
or former Health Resources and Services
Administration (HRSA) centers of
excellence under section 736 of the PHS
Act and eligible current or former
NIMHD centers of excellence under
section 464z–4 of the PHS Act.
Frm 00031
Fmt 4700
Flares not applicable.
Yes ................................................
Yes ................................................
No .................................................
Yes ................................................
Daniel Hernandez, NIH Regulations
Officer, Office of Management
Assessment, NIH, Rockledge 1, 6705
Rockledge Drive, Suite 601, Room 601–
T, Bethesda, MD 20817, MSC 7901, by
email at dhernandez@mail.nih.gov, or
by telephone at 301–435–3343 (not a
toll-free number). For program
information contact: Dr. Nathan Stinson,
Director, Division of Community Health
and Population Sciences, NIMHD, by
email stinsonn@nih.gov, or telephone
301–594–8704. Information concerning
the requirements, application deadline
dates, and an on-line application for
NIMHD REP awards may be obtained
from the NIMHD via https://
www.nimhd.nih.gov/programs/
extramural/research-endowment.html.
PO 00000
See specific requirements in subpart AAAAA, see § 63.7131.
Yes ................................................
FOR FURTHER INFORMATION CONTACT:
[FR Doc. 2024–27874 Filed 12–3–24; 8:45 am]
AGENCY:
Am I subject to this requirement?
Sfmt 4700
The program was originally
authorized under the Minority Health
and Health Disparities Research and
Education Act of 2000 (Pub. L. 106–
525). The law provided annual funding
for up to five years to the endowments
of active eligible HRSA centers of
excellence. In 2010, the Patient
Protection and Affordable Care Act
(Pub. L. 111–148) expanded eligibility
to include active eligible NIMHD
centers of excellence. Public Law 117–
104, enacted in 2022, expanded the
eligibility for NIMHD Research
Endowment Program awards to eligible
current or former HRSA and NIMHD
centers of excellence. Endowment funds
must be invested and maintained for at
least 20 years after the award period
ends.
The objective of the program and its
awards is to build research and training
capacity and infrastructure at eligible
HRSA or NIMHD centers of excellence
to facilitate minority health and other
health disparities research and to close
the disparity gap in the burden of illness
and death experienced by racial and
ethnic minority Americans and other
health disparity populations. Program
activities may include strengthening the
research infrastructure through the
renovation of facilities, purchasing of
state-of-the-art instruments and
equipment, and enhancing information
technology; enhancing the academic
environment by recruiting faculty and
creating relevant training courses
focused on minority health and health
E:\FR\FM\04DER1.SGM
04DER1
Agencies
[Federal Register Volume 89, Number 233 (Wednesday, December 4, 2024)]
[Rules and Regulations]
[Pages 96106-96119]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-27874]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[EPA-HQ-OAR-2017-0015; FRL-5948.2-02-OAR]
RIN 2060-AV59
National Emission Standards for Hazardous Air Pollutants: Lime
Manufacturing Plants Technology Review; Correction
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; technical correction.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is making
corrections to the National Emission Standards for Hazardous Air
Pollutants for Lime Manufacturing Plants (Lime Manufacturing NESHAP)
technology review final rule that appeared in the Federal Register on
July 16, 2024. Following publication of this final rule, the EPA
discovered inadvertent errors in the regulatory text and is correcting
them in this action.
DATES: The final rule is effective on December 4, 2024.
ADDRESSES: The EPA has established a docket for this rulemaking under
Docket ID No. EPA-HQ-OAR-2017-0015. All documents in the docket are
listed on the https://www.regulations.gov/ website. Although listed,
some information is not publicly available, e.g., Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the internet and will be publicly available only in hard
copy form. Publicly available docket materials are available
electronically through https://www.regulations.gov/.
FOR FURTHER INFORMATION CONTACT: Mr. Brian Storey, Mail Drop: D243-04,
109
[[Page 96107]]
T.W. Alexander Drive, P.O. Box 12055, RTP, North Carolina 27711;
telephone number: (919) 541-1103; and email address:
[email protected].
Preamble acronyms and abbreviations. Throughout this document the
use of ``we,'' ``us,'' or ``our'' is intended to refer to the EPA. We
use multiple acronyms and terms in this preamble. While this list may
not be exhaustive, to ease the reading of this preamble and for
reference purposes, the EPA defines the following terms and acronyms
here:
APA Administrative Procedure Act
BTF beyond the floor
CAA Clean Air Act
CFR Code of Federal Regulations
EPA Environmental Protection Agency
FR Federal Register
HAP hazardous air pollutants
MACT Maximum Achievable Control Technology
NAICS North American Industry Classification System
NESHAP National Emission Standards for Hazardous Air Pollutants
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 and other related
information?
C. Statutory Authority
D. Judicial Review and Administrative Reconsideration
II. Summary of Final Action
III. Summary of Cost, Environmental, and Economic Impacts
IV. Rulemaking Procedures
V. Statutory and Executive Order Reviews
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
Regulated entities. Categories and entities potentially affected by
this action are shown in table 1 of this preamble.
Table 1--NESHAP and Industrial Source Categories Affected by This Final
Action
------------------------------------------------------------------------
Source category and NESHAP NAICS code \1\
------------------------------------------------------------------------
Lime Manufacturing..................... 32741, 33111, 3314.
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\1\ North American Industry Classification System (NAICS).
Table 1 of this preamble is not intended to be exhaustive, but
rather to provide a guide for readers regarding entities likely to be
affected by the final action for the source category listed. To
determine whether your facility is affected, you should examine the
applicability criteria in the Lime Manufacturing NESHAP. If you have
any questions regarding the applicability of any aspect of this NESHAP,
please contact the appropriate person listed in the preceding FOR
FURTHER INFORMATION CONTACT section of this preamble.
B. Where can I get a copy of this document and other related
information?
In addition to being available in the docket, an electronic copy of
this final action will also be available on the internet. Following
signature by the EPA Administrator, the EPA will post a copy of this
final action at: https://www.epa.gov/stationary-sources-air-pollution/lime-manufacturing-plants-national-emission-standards-hazardous.
Following publication in the Federal Register (FR), the EPA will post
the FR version and key technical documents at the same website.
C. Statutory Authority
For major sources, the Clean Air Act (CAA) section 112(d)(2)
provides that the technology-based NESHAP must reflect the maximum
degree of emission reductions of hazardous air pollutants (HAP)
achievable after considering cost, energy requirements, and non-air
quality health and environmental impacts. These standards are commonly
referred to as Maximum Achievable Control Technology (MACT) standards.
CAA section 112(d)(3) also establishes a minimum control level for MACT
standards, known as the MACT ``floor.'' The EPA must also consider
control options that are more stringent than the floor, commonly
referred to as ``beyond-the-floor'' (BTF) standards. Costs may not be
considered when setting the MACT floor and may only be considered when
determining whether BTF standards are appropriate.
D. Judicial Review and Administrative Reconsideration
Under Clean Air Act (CAA) section 307(b)(1), judicial review of
this final action is available only by filing a petition for review in
the United States Court of Appeals for the District of Columbia Circuit
by February 3, 2025.
II. Summary of Final Action
The EPA finalized MACT standards for the lime manufacturing
industry under CAA section 112(d) for 4 previously unregulated
pollutants on July 16, 2024. The 4 pollutants regulated in the final
rule included hydrogen chloride, mercury, total organic HAP, and
dioxin/furans. Following publication of this final rule, the EPA
discovered errors in the regulatory text and is correcting them in this
action.
Specifically, the EPA is revising the Lime Manufacturing NESHAP
July 16, 2024, final rule to correctly reference 40 CFR 63.7083(g). In
the July 16, 2024, final rule amendatory text, 40 CFR 63.7083 was
revised to include new compliance dates associated with the July 16,
2024, final rule. These additions were added to the section as
paragraphs (c) and (d). The additions caused 40 CFR 63.7083(e) to be
redesignated as 63.7083(g) in the July 16, 2024, final rule amendatory
text. This action revises all applicable references in the rule that
previously referenced 40 CFR 63.7083(e) to correctly reference 40 CFR
63.7083(g).
Additionally, the EPA is correcting 40 CFR 63.7083(h)(2) to correct
the compliance date of the hydrogen chloride, mercury, total organic
HAP, and dioxin/furan emissions limitations for new sources. The July
16, 2024, final rule inadvertently set the compliance date for these
sources as the date the final rule was published in the Federal
Register (89 FR 57738, July 16, 2024). This date is being revised to
correctly identify the compliance date for these sources as January 5,
2023, or the date of initial startup, whichever is later. This date
represents the date that these sources must be in compliance, and is
based on the date the proposed amendments were published in the Federal
Register (88 FR 805, January 5, 2023).
Lastly, the EPA is correcting 40 CFR 63.7112(o), which
inadvertently referenced ``total hydrocarbons'' in the introductory
paragraph and equation 5 of paragraph (o) in the July 16, 2024, final
rule. The EPA is correcting these errors by revising 40 CFR 63.7112(o)
to reference ``total organic HAP'' instead.
These corrections make the regulatory text consistent with what the
preamble to the final rule describes. The EPA finds that there is good
cause for finalizing these technical corrections without public notice
or hearing, as
[[Page 96108]]
explained in greater detail in section IV of this preamble. Notice and
comment procedures are unnecessary here because the public is already
aware of this action and its contents. See 5 U.S.C. 553(b)(B).
III. Summary of Cost, Environmental, and Economic Impacts
This action will have no cost, environmental, or economic impacts
beyond the impacts presented in the July 16, 2024, Lime Manufacturing
NESHAP final rule (89 FR 57738).
IV. Rulemaking Procedures
The EPA's authority for the rulemaking procedures followed in this
action is provided by the Administrative Procedure Act (APA), 5 U.S.C.
553. In general, an agency issuing a rule must provide prior notice and
an opportunity for public comment, but APA section 553(b)(B) includes
an exemption from notice-and-comment requirements ``when the agency for
good cause finds (and incorporates the finding and a brief statement of
reasons therefor in the rule issued) that notice and public procedure
thereon are impracticable, unnecessary, or contrary to the public
interest.'' This action is being issued without prior notice or
opportunity for public comment because the EPA finds that the APA
``good cause'' exemption from notice-and-comment requirements applies
here.
Following notice-and-comment procedures is unnecessary for this
action. This action corrects technical errors, correctly referencing 40
CFR 63.7083(g), correctly referencing the compliance date for new or
reconstructed sources in 40 CFR 63.7083(h)(2) and correcting the
references to ``total hydrocarbons'' in the text and in equation 5 of
40 CFR 63.7112(o) in the July 16, 2024, rule. It is critical to timely
correct the identified error to avoid confusion.
This action is effective immediately upon publication. The APA
typically requires publication of a final rule to precede its effective
date by at least 30 days unless, as relevant here, the agency finds
good cause to make the rule effective sooner. APA section 553(b)(B).
Under APA section 553(d), these technical corrections both necessary
and beneficial to regulated entities in understanding and complying
with the final rule's requirements. Further, because this rule does not
impose any new regulatory requirements, the regulated community does
not need time to prepare for it to come into effect. See Omnipoint
Corp. v. Fed. Commc'n Comm'n, 78 F.3d 620, 630 (D.C. Cir. 1996) (in
determining whether good cause exists to make a rule immediately
effective, an agency should ``balance the necessity for immediate
implementation against principles of fundamental fairness which require
that all affected persons be afforded a reasonable amount of time to
prepare for the effective date of its ruling'').
Good cause exists for this rule to be made immediately effective.
The EPA has balanced the necessity for immediate implementation against
the benefits of delaying implementation. Because this rule makes
technical corrections to a rule that has already been promulgated, the
public is aware of the content of the rule. Making the technical
corrections effective immediately will make the regulatory text
consistent with what the proposed rule and the preamble to the final
rule have described.
V. Statutory and Executive Order Reviews
For a complete discussion of all the statutes, executive orders and
administrative requirements applicable to this action, see the final
rule published in the Rules and Regulations section of the Federal
Register (89 FR 57738).
List of Subjects in 40 CFR Part 63
Environmental protection, Administrative practices and procedures,
Air pollution control, Hazardous substances, Intergovernmental
relations, Reporting and recordkeeping requirements.
Michael S. Regan,
Administrator.
For the reasons stated in the preamble, the EPA amends title 40,
chapter I, part 63 of the Code of Federal Regulations as follows:
PART 63--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS
FOR SOURCE CATEGORIES
0
1. The authority citation for part 63 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
Subpart AAAAA--National Emission Standards for Hazardous Air
Pollutants for Lime Manufacturing Plants
0
2. Amend Sec. 63.7083 by revising paragraph (h)(2) to read as follows:
Sec. 63.7083 When do I have to comply with this subpart?
* * * * *
(h) * * *
(2) If your affected source commenced construction or
reconstruction after July 16, 2024, then the compliance date for HCl,
mercury, total organic HAP, and D/F emissions limitations is January 5,
2023, or the date of initial startup, whichever is later.
0
3. Amend Sec. 63.7090 by revising paragraph (c) to read as follows:
Sec. 63.7090 What emission limitations must I meet?
* * * * *
(c) On or after the relevant compliance date for your source as
specified in Sec. 63.7083(g), you must meet each startup and shutdown
period emission limit in table 2 to this subpart that applies to you.
* * * * *
0
4. Revise Sec. 63.7100 to read as follows:
Sec. 63.7100 What are my general requirements for complying with this
subpart?
(a) Prior to the relevant compliance date for your source as
specified in Sec. 63.7083(g), you must be in compliance with the
emission limitations (including operating limits) in this subpart at
all times, except during periods of startup, shutdown, and malfunction.
On and after the relevant compliance date for your source as specified
in Sec. 63.7083(g), you must be in compliance with the applicable
emission limitations (including operating limits) at all times. You may
operate outside of the established operating parameter limit(s) during
performance tests in order to establish new operating limits.
(b) Prior to the relevant compliance date for your source as
specified in Sec. 63.7083(g), you must be in compliance with the
opacity and visible emission (VE) limits in this subpart at all times,
except during periods of startup, shutdown, and malfunction. On and
after the relevant compliance date for your source as specified in
Sec. 63.7083(g), you must be in compliance with the applicable opacity
and VE limits at all times.
(c) Prior to the relevant compliance date for your source as
specified in Sec. 63.7083(g), you must always operate and maintain
your affected source, including air pollution control and monitoring
equipment, according to the provisions in Sec. 63.6(e)(1)(i). On and
after the relevant compliance date for your source as specified in
Sec. 63.7083(g), you must always operate and maintain any affected
source, including associated air pollution control equipment and
monitoring equipment, in a manner consistent with safety and good air
pollution control practices for minimizing emissions. The general duty
to minimize emissions does not require
[[Page 96109]]
the owner or operator to make any further efforts to reduce emissions
if levels required by the applicable standard have been achieved.
Determination of whether such operation and maintenance procedures are
being used will be based on information available to the Administrator
which may include, but is not limited to, monitoring results, review of
operation and maintenance procedures, review of operation and
maintenance records, and inspection of the source.
(d) You must prepare and implement for each LMP, a written
operations, maintenance, and monitoring (OM&M) plan. You must submit
the plan to the applicable permitting authority for review and approval
as part of the application for a 40 CFR part 70 or 40 CFR part 71
permit. Any subsequent changes to the plan must be submitted to the
applicable permitting authority for review and approval. Pending
approval by the applicable permitting authority of an initial or
amended plan, you must comply with the provisions of the submitted
plan. Each plan must contain the following information:
(1) Process and control device parameters to be monitored to
determine compliance, along with established operating limits or
ranges, as applicable, for each emission unit.
(2) A monitoring schedule for each emission unit.
(3) Procedures for the proper operation and maintenance of each
emission unit and each air pollution control device used to meet the
applicable emission limitations and operating limits in tables 1, 2,
and 3 to this subpart, respectively. On and after the relevant
compliance date for your source as specified in Sec. 63.7083(g), your
OM&M plan must address periods of startup and shutdown.
(4) Procedures for the proper installation, operation, and
maintenance of monitoring devices or systems used to determine
compliance, including:
(i) Calibration and certification of accuracy of each monitoring
device;
(ii) Performance and equipment specifications for the sample
interface, parametric signal analyzer, and the data collection and
reduction systems;
(iii) Prior to the relevant compliance date for your source as
specified in Sec. 63.7083(g), ongoing operation and maintenance
procedures in accordance with the general requirements of Sec.
63.8(c)(1)(i) and (ii), (c)(3), and (c)(4)(ii). On and after the
relevant compliance date for your source as specified in Sec.
63.7083(g), ongoing operation and maintenance procedures in accordance
with the general requirements of paragraph (c) of this section and
Sec. Sec. 63.8(c)(1)(ii), (c)(3), and (c)(4)(ii); and
(iv) Ongoing data quality assurance procedures in accordance with
the general requirements of Sec. 63.8(d).
(5) Procedures for monitoring process and control device
parameters.
(6) Corrective actions to be taken when process or operating
parameters or add-on control device parameters deviate from the
operating limits specified in table 3 to this subpart, including:
(i) Procedures to determine and record the cause of a deviation or
excursion, and the time the deviation or excursion began and ended; and
(ii) Procedures for recording the corrective action taken, the time
corrective action was initiated, and the time and date the corrective
action was completed.
(7) A maintenance schedule for each emission unit and control
device that is consistent with the manufacturer's instructions and
recommendations for routine and long-term maintenance.
(e) Prior to the relevant compliance date for your source as
specified in Sec. 63.7083(g), you must develop a written startup,
shutdown, and malfunction plan (SSMP) according to the provisions in
Sec. 63.6(e)(3).
0
5. Amend Sec. 63.7112 by revising paragraphs (b), (c), (m), and (o) to
read as follows:
Sec. 63.7112 What performance tests, design evaluations, and other
procedures must I use?
* * * * *
(b) Prior to the relevant compliance date for your source as
specified in Sec. 63.7083(g), each performance test must be conducted
according to the requirements in Sec. 63.7(e)(1) and under the
specific conditions specified in table 5 to this subpart. Beginning
July 16, 2024, each performance test must include the methods specified
in rows 19-24 of table 5 to this subpart. On and after the relevant
compliance date for your source as specified in Sec. 63.7083(g), each
performance test must be conducted based on representative performance
(i.e., performance based on normal operating conditions) of the
affected source and under the specific conditions in table 5 to this
subpart. Representative conditions exclude periods of startup and
shutdown. The owner or operator may not conduct performance tests
during periods of malfunction. The owner or operator must record the
process information that is necessary to document operating conditions
during the test and include in such record an explanation to support
that such conditions represent normal operation. Upon request, the
owner or operator shall make available to the Administrator such
records as may be necessary to determine the conditions of performance
tests.
(c) Prior to the relevant compliance date for your source as
specified in Sec. 63.7083(g), you may not conduct performance tests
during periods of startup, shutdown, or malfunction, as specified in
Sec. 63.7(e)(1). On and after the relevant compliance date for your
source as specified in Sec. 63.7083(g), you may not conduct
performance tests during periods of startup, shutdown, or malfunction,
as specified in Sec. 63.7112(b).
* * * * *
(m) On and after the relevant compliance date for your source as
specified in Sec. 63.7083(g), during startup, kilns must be tested
hourly to determine when lime product meets the definition of on-
specification lime product.
* * * * *
(o) The concentration of total organic HAP and dioxins/furans shall
be corrected to 7 percent oxygen using equation 5 to this paragraph
(o):
Equation 5 to Paragraph (o)
[GRAPHIC] [TIFF OMITTED] TR04DE24.037
[[Page 96110]]
Where:
C7 = concentration of total organic HAP, ppmv on
a dry basis or dioxins/furans in ng/dscm corrected to 7 percent
oxygen.
Cunc = uncorrected total organic HAP, ppmv on a dry basis
or dioxins/furans in ng/dscm.
CO2 = concentration of oxygen (percent).
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6. Amend Sec. 63.7121 by revising paragraph (d) to read as follows:
Sec. 63.7121 How do I demonstrate continuous compliance with the
emission limitations standard?
* * * * *
(d) Prior to the relevant compliance date for your source as
specified in Sec. 63.7083(g), consistent with Sec. Sec. 63.6(e) and
63.7(e)(1), deviations that occur during a period of startup, shutdown,
or malfunction are not violations if you demonstrate to the
Administrator's satisfaction that you were operating in accordance with
Sec. 63.6(e)(1). The Administrator will determine whether deviations
that occur during a period of startup, shutdown, or malfunction are
violations, according to the provisions in Sec. 63.6(e).
* * * * *
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7. Amend Sec. 63.7130 by revising paragraph (e) introductory text to
read as follows:
Sec. 63.7130 What notifications must I submit and when?
* * * * *
(e) If you are required to conduct a performance test, design
evaluation, opacity observation, VE observation, or other initial
compliance demonstration as specified in table 4 or 5 to this subpart,
you must submit a Notification of Compliance Status according to Sec.
63.9(h)(2)(ii). Beginning on the relevant compliance date for your
source as specified in Sec. 63.7083(g), submit all subsequent
Notification of Compliance Status following the procedure specified in
Sec. 63.7131(h).
* * * * *
0
8. Amend Sec. 63.7131 by revising paragraphs (b)(6), (c)(4) through
(6), (d) introductory text, and (e) introductory text to read as
follows:
Sec. 63.7131 What reports must I submit and when?
* * * * *
(b) * * *
(6) Beginning on the relevant compliance date for your source as
specified in Sec. 63.7083(g), submit all subsequent compliance reports
following the procedure specified in paragraph (h) of this section.
(c) * * *
(4) Prior to the relevant compliance date for your source as
specified in Sec. 63.7083(g), if you had a startup, shutdown or
malfunction during the reporting period and you took actions consistent
with your SSMP, the compliance report must include the information in
Sec. 63.10(d)(5)(i).
(5) If there were no deviations from any emission limitations
(emission limit, operating limit, opacity limit, and VE limit) that
apply to you, the compliance report must include a statement that there
were no deviations from the emission limitations during the reporting
period.
(6) If there were no periods during which the continuous monitoring
systems (CMS) were out-of-control as specified in Sec. 63.8(c)(7), a
statement that there were no periods during which the CMS were out-of-
control during the reporting period.
* * * * *
(d) For each deviation from an emission limitation (emission limit,
operating limit, opacity limit, and VE limit) that occurs at an
affected source where you are not using a CMS to comply with the
emission limitations in this subpart, the compliance report must
contain the information specified in paragraphs (c)(1) through (4) and
(d)(1) and (2) of this section. The deviations must be reported in
accordance with the requirements in Sec. 63.10(d) prior to the
relevant compliance date for your source as specified in Sec.
63.7083(g) and the requirements in Sec. 63.10(d)(1) through (4)
beginning on the relevant compliance date for your source as specified
in Sec. 63.7083(g).
* * * * *
(e) For each deviation from an emission limitation (emission limit,
operating limit, opacity limit, and VE limit) occurring at an affected
source where you are using a CMS to comply with the emission limitation
in this subpart, you must include the information specified in
paragraphs (c)(1) through (4) and (e)(1) through (11) of this section,
except that beginning on the relevant compliance date for your source
as specified in Sec. 63.7083(g), the semiannual compliance report must
also include the information included in paragraph (e)(12) of this
section. This includes periods of startup, shutdown, and malfunction.
* * * * *
0
9. Amend Sec. 63.7132 by revising paragraph (a)(2) introductory text
to read as follows:
Sec. 63.7132 What records must I keep?
(a) * * *
(2) Prior to the relevant compliance date for your source as
specified in Sec. 63.7083(g), the records in Sec. 63.6(e)(3)(iii)
through (v) related to startup, shutdown, and malfunction. On and after
the relevant compliance date for your source as specified in Sec.
63.7083(g), the records in paragraphs (a)(2)(i) and (ii) of this
section.
* * * * *
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10. Amend Sec. 63.7143 by revising the definition of ``deviation'' to
read as follows:
Sec. 63.7143 What definitions apply to this subpart?
* * * * *
Deviation means any instance in which an affected source, subject
to this subpart, or an owner or operator of such a source:
(1) Fails to meet any requirement or obligation established by this
subpart, including but not limited to any emission limitation
(including any operating limit);
(2) Fails to meet any term or condition that is adopted to
implement an applicable requirement in this subpart and that is
included in the operating permit for any affected source required to
obtain such a permit; or
(3) Prior to the relevant compliance date for your source as
specified in Sec. 63.7083(g), fails to meet any emission limitation
(including any operating limit) in this subpart during startup,
shutdown, or malfunction, regardless of whether or not such failure is
allowed by this subpart.
0
11. Revise table 2 to subpart AAAAA to read as follows:
[[Page 96111]]
Table 2 to Subpart AAAAA of Part 63--Startup and Shutdown Emission
Limits for Kilns and Coolers
[As required in Sec. 63.7090(b), on and after the relevant compliance
date for your source as specified in Sec. 63.7083(g), you must meet
each emission limit in the following table that applies to you.]
------------------------------------------------------------------------
You have
demonstrated
You must meet the compliance, if after
For . . . following emission following the
limit requirements in Sec.
63.7112 . . .
------------------------------------------------------------------------
1. All new and existing lime Emissions must not i. Installed,
kilns and their associated exceed 15 percent maintained,
coolers equipped with an FF opacity (based on calibrated and
or an ESP during each startup period operated a COMS as
startup. block average). required by 40 CFR
part 63, subpart A,
General Provisions
and according to PS-
1 of appendix B to
part 60 of this
chapter, except as
specified in Sec.
63.7113(g)(2);
ii. Collected the
COMS data at a
frequency of at
least once every 15
seconds,
determining block
averages for each
startup period and
demonstrating for
each startup block
period the average
opacity does not
exceed 15 percent.
2. All existing lime kilns See item 2.b of See item 1 of table
and their associated table 3 of subpart 6 of subpart AAAAA
coolers that have a wet AAAAA for emission for requirements
scrubber during each limit. for demonstrating
startup. compliance.
3. All new and existing lime Emissions must not i. Installed,
kilns and their associated exceed 15 percent maintained,
coolers equipped with an FF opacity (based on 6- calibrated and
or an ESP during shutdown. minute average operated a COMS as
opacity for any 6- required by 40 CFR
minute block period part 63, subpart A,
does not exceed 15 General Provisions
percent). and according to PS-
1 of appendix B to
part 60 of this
chapter, except as
specified in Sec.
63.7113(g)(2);
ii. Collecting the
COMS data at a
frequency of at
least once every 15
seconds,
determining block
averages for each 6-
minute period and
demonstrating for
each 6-minute block
period the average
opacity does not
exceed 15 percent.
4. All existing lime kilns See item 2.b of See item 1 of table
and their associated table 3 of subpart 6 of subpart AAAAA
coolers that have a wet AAAAA for emission for requirements
scrubber during shutdown. limit. for demonstrating
compliance.
------------------------------------------------------------------------
0
12. Revise tables 5 and 6 to subpart AAAAA to read as follows:
Table 5 to Subpart AAAAA of Part 63--Requirements for Performance Tests
[As required in Sec. 63.7112, you must conduct each performance test in the following table that applies to
you.]
----------------------------------------------------------------------------------------------------------------
According to the following
For . . . You must . . . Using . . . requirements . . .
----------------------------------------------------------------------------------------------------------------
1. Each lime kiln and each Select the location of Method 1 or 1A of Sampling sites must be
associated lime cooler, if there the sampling ports appendix A to part 60 located at the outlet of
is a separate exhaust to the and the number of of this chapter; and the control device(s) and
atmosphere from the associated traverse points. Sec. 63.6(d)(1)(i). prior to any releases to
lime cooler. the atmosphere.
2. Each lime kiln and each Determine velocity and Method 2, 2A, 2C, 2D, Not applicable.
associated lime cooler, if there volumetric flow rate. 2F, or 2G in appendix
is a separate exhaust to the A to part 60 of this
atmosphere from the associated chapter.
lime cooler.
3. Each lime kiln and each Conduct gas molecular Method 3, 3A, or 3B in You may use manual
associated lime cooler, if there weight analysis. appendix A to part 60 procedures (but not
is a separate exhaust to the of this chapter. instrumental procedures)
atmosphere from the associated of ASME PTC 19.10-1981--
lime cooler. Part 10 (available for
purchase from Three Park
Avenue, New York, NY 10016-
5990) as an alternative to
using Method 3B.
4. Each lime kiln and each Measure moisture Method 4 in appendix A Not applicable.
associated lime cooler, if there content of the stack to part 60 of this
is a separate exhaust to the gas. chapter.
atmosphere from the associated
lime cooler.
5. Each lime kiln and each Measure PM emissions.. Method 5 in appendix A Conduct the test(s) when
associated lime cooler, if there to part 60 of this the source is operating at
is a separate exhaust to the chapter. representative operating
atmosphere from the associated conditions in accordance
lime cooler, and which uses a with Sec. 63.7(e) before
negative pressure PM control the relevant compliance
device. date for your source as
specified in Sec.
63.7083(g) and Sec.
63.7112(b) on and after
the relevant compliance
date for your source as
specified in Sec.
63.7083(g); the minimum
sampling volume must be
0.85 dry standard cubic
meter (dscm) (30 dry
standard cubic foot
(dscf)); if there is a
separate lime cooler
exhaust to the atmosphere,
you must conduct the
Method 5 test of the
cooler exhaust
concurrently with the kiln
exhaust test.
[[Page 96112]]
6. Each lime kiln and each Measure PM emissions.. Method 5D in appendix Conduct the test(s) when
associated lime cooler, if there A to part 60 of this the source is operating at
is a separate exhaust to the chapter. representative operating
atmosphere from the associated conditions in accordance
lime cooler, and which uses a with Sec. 63.7(e) before
positive pressure FF or ESP. the relevant compliance
date for your source as
specified in Sec.
63.7083(g) and Sec.
63.7112(b) on and after
the relevant compliance
date for your source as
specified in Sec.
63.7083(g); If there is a
separate lime cooler
exhaust to the atmosphere,
you must conduct the
Method 5 or 5D test of the
separate cooler exhaust
concurrently with the kiln
exhaust test. Refer to
item 5 of this table for
sampling time and volume
requirements.
7. Each lime kiln.................. Determine the mass Any suitable device... Calibrate and maintain the
rate of stone feed to device according to
the kiln during the manufacturer's
kiln performance test. instructions; the
measuring device used must
be accurate to within
5 percent of
the mass rate of stone
feed over its operating
range.
8. Each lime kiln equipped with a Establish the Data for the gas The continuous pressure
wet scrubber. operating limit for stream pressure drop drop measurement device
the average gas measurement device must be accurate within
stream pressure drop during the kiln plus or minus 1 percent;
across the wet performance test. you must collect the
scrubber during the pressure drop data during
PM and HCl the period of the
performance test(s). performance test and
determine the operating
limit according to Sec.
63.7112(j).
9. Each lime kiln equipped with a Establish the Data from the liquid The continuous scrubbing
wet scrubber. operating limit for flow rate measurement liquid flow rate measuring
the average liquid device during the device must be accurate
flow rate to the kiln performance test. within plus or minus 1
scrubber during the percent; you must collect
PM and HCl the flow rate data during
performance test(s). the period of the
performance test and
determine the operating
limit according to Sec.
63.7112(j).
10. Each lime kiln equipped with a Have installed and Standard operating According to the
FF or ESP that is monitored with a have operating the procedures requirements in Sec.
PM detector. BLDS or PM detector incorporated into the 63.7113(d) or (e),
prior to the PM OM&M plan. respectively.
performance test.
11. Each lime kiln equipped with a Have installed and Standard operating According to the
FF or ESP that is monitored with a have operating the procedures requirements in Sec.
COMS. COMS prior to the incorporated into the 63.7113(g).
performance test. OM&M plan and as
required by 40 CFR
part 63, subpart A,
General Provisions
and according to PS-1
of appendix B to part
60 of this chapter,
except as specified
in Sec.
63.7113(g)(2).
12. Each stack emission from a PSH Measure PM emissions.. Method 5 or Method 17 The sample volume must be
operation, vent from a building in appendix A to part at least 1.70 dscm (60
enclosing a PSH operation, or set 60 of this chapter. dscf); for Method 5, if
of multiple storage bins with the gas stream being
combined stack emissions, which is sampled is at ambient
subject to a PM emission limit. temperature, the sampling
probe and filter may be
operated without heaters;
and if the gas stream is
above ambient temperature,
the sampling probe and
filter may be operated at
a temperature high enough,
but no higher than 121
[deg]C (250 [deg]F), to
prevent water condensation
on the filter (Method 17
may be used only with
exhaust gas temperatures
of not more than 250
[deg]F).
13. Each stack emission from a PSH Conduct opacity Method 9 in appendix A The test duration must be
operation, vent from a building observations. to part 60 of this for at least 3 hours and
enclosing a PSH operation, or set chapter. you must obtain at least
of multiple storage bins with thirty, 6-minute averages.
combined stack emissions, which is
subject to an opacity limit.
14. Each stack emissions source Establish the average Data for the gas The pressure drop
from a PSH operation subject to a gas stream pressure stream pressure drop measurement device must be
PM or opacity limit, which uses a drop across the wet measurement device accurate within plus or
wet scrubber. scrubber during the during the PSH minus 1 percent; you must
PM and HCl operation stack collect the pressure drop
performance test(s). performance test. data during the period of
the performance test and
determine the operating
limit according to Sec.
63.7112(j).
15. Each stack emissions source Establish the Data from the liquid The continuous scrubbing
from a PSH operation subject to a operating limit for flow rate measurement liquid flow rate measuring
PM or opacity limit, which uses a the average liquid device during the PSH device must be accurate
wet scrubber. flow rate to the operation stack within plus or minus 1
scrubber during the performance test. percent; you must collect
PM and HCl the flow rate data during
performance test(s). the period of the
performance test and
determine the operating
limit according to Sec.
63.7112(j).
16. Each FF that controls emissions Conduct opacity Method 9 in appendix A The test duration must be
from only an individual, enclosed, observations. to part 60 of this for at least 1 hour and
new or existing storage bin. chapter. you must obtain ten 6-
minute averages.
17. Fugitive emissions from any PSH Conduct opacity Method 9 in appendix A The test duration must be
operation subject to an opacity observations. to part 60 of this for at least 3 hours, but
limit. chapter. the 3-hour test may be
reduced to 1 hour if,
during the first 1-hour
period, there are no
individual readings
greater than 10 percent
opacity and there are no
more than three readings
of 10 percent during the
first 1-hour period.
18. Each building enclosing any PSH Conduct VE check...... The specifications in The performance test must
operation, that is subject to a VE Sec. 63.7112(k). be conducted while all
limit. affected PSH operations
within the building are
operating; the performance
test for each affected
building must be at least
75 minutes, with each side
of the building and roof
being observed for at
least 15 minutes.
[[Page 96113]]
19. Each lime kiln................. Measure hydrogen Method 320 or 321 of The test duration must be
chloride. appendix A of this at least one hour. HCl
part or ASTM 6348- must be used for the
12e1 (Note 1). analyte spiking. For a
positive pressure FF or
ESP, determine the number
of sampling points per the
stratification check
procedures of section
8.1.2 of Method 7E using
the sample points
determined using the
procedures of Section 8 of
EPA Method 5D.
20. Each lime kiln................. Measure mercury....... Method 29 or 30B For Method 29 and ASTM
Appendix A to part 60 D6784-16 the test duration
of this chapter or must be at least two hours
ASTM D6784-16. and the sample volume must
be at least 1.70 dscm (60
dscf). For Method 30B, the
test duration must be at
least one hour and the
sample volume at least 100
liters. For a positive
pressure FF or ESP, use
the procedures of Section
8 of EPA Method 5D for
sampling points.
21. Each lime kiln................. Measure total organic Method 18 and/or 320 The test duration must be
HAP \2\. in appendix A to part at least 1 hour. For EPA
60 of this chapter Method 320 and ASTM D6348-
and/or ASTM D6348- 12e1, for a positive
12e1 \1\. pressure FF or ESP,
determine the number of
sampling points per the
stratification check
procedures of section
8.1.2 of Method 7E using
the sample points
determined using the
procedures of Section 8 of
EPA Method 5D.
22. Each lime kiln................. Measure dioxins/furans Method 23 in Appendix The test duration must be
A to part 60 of this at least 3 hours and the
chapter. must be at least 3 dscm
(106 dscf). For a positive
pressure FF or ESP, use
the procedures of Section
8 of EPA Method 5D for
sampling points. When
calculating TEQ, zero may
be used for congeners that
are below the EDL.
23. Each lime kiln equipped with Establish the Data for the dry The flow monitor must meet
dry sorbent injection. operating limit for sorbent flow rate the criteria in Sec.
the dry sorbent flow device during the HCl 63.7113(h); you must
rate during the HCl performance test. collect the dry sorbent
performance test. flow rate data during the
period of the HCl
performance test and
determine the operating
limit according to Sec.
63.7112(j).
24. Each lime kiln equipped with a Establish the Data for the The temperature device must
thermal oxidizer. operating limit for temperature device meet the criteria in Sec.
the combustion during the total 63.7113(i); you must
chamber temperature organic HAP and collect the temperature
during the total dioxin/furan data during the period of
organic HAP and D/F performance test(s). the total organic HAP and
performance test(s). D/F performance test(s)
and determine the
operating limit according
to Sec. 63.7112(j).
25. Each lime kiln equipped with Establish the Data for the activated The flow monitor must meet
activated carbon injection. operating limit for carbon flow rate the criteria in Sec.
the combustion device during the 63.7113(h); you must
chamber temperature total organic HAP, collect the activated
during the total dioxin/furan, and carbon flow rate data
organic HAP, D/F, and mercury performance during the period of the
mercury performance test(s). total organic HAP, D/F,
test(s). and mercury performance
test(s)and determine the
operating limit according
to Sec. 63.7112(j).
----------------------------------------------------------------------------------------------------------------
\1\ When using ASTM D6348-12e1 (1) the test plan preparation and implementation in the Annexes to ASTM D6348-
12e1, sections A1 through A8 are mandatory, (2) In ASTM D6348-12e1 Annex A5 (Analyte Spiking Technique), the
percent (%) R must be determined for each target analyte (Equation A5.5). In order for the test data to be
acceptable for a compound, %R must be 70% >= R <= 130%. If the %R value does not meet this criterion for a
target compound, the test data is not acceptable for that compound and the test must be repeated for that
analyte (i.e., the sampling and/or analytical procedure should be adjusted before a retest). The %R value for
each compound must be reported in the test report, and all field measurements must be corrected with the
calculated %R value for that compound according to: Reported Results = ((Measured Concentration in Stack))/
(%R) x 100.
\2\ Total Organic HAP is the sum of the concentrations of compounds of formaldehyde, acetaldehyde, toluene,
benzene, m-xylene, p-xylene, o-xylene, styrene, ethyl benzene, and naphthalene.
Table 6 to Subpart AAAAA of Part 63--Continuous Compliance With
Operating Limits
[As required in Sec. 63.7121, you must demonstrate continuous
compliance with each operating limit listed in table 3 to subpart AAAAA
that applies to you, according to the following table.]
------------------------------------------------------------------------
For the following
operating limit . You must demonstrate
For . . . . . continuous compliance
by . . .
------------------------------------------------------------------------
1. Each lime kiln controlled Maintain the 3- Collecting the wet
by a wet scrubber. hour block scrubber operating
average exhaust data according to
gas stream all applicable
pressure drop requirements in Sec.
across the wet 63.7113 and
scrubber greater reducing the data
than or equal to according to Sec.
the pressure 63.7113(a);
drop operating maintaining the 3-
limit hour block average
established exhaust gas stream
during the pressure drop across
performance the wet scrubber
test; and greater than or
maintain the 3- equal to the
hour block pressure drop
average operating limit
scrubbing liquid established during
flow rate the performance
greater than or test; and
equal to the maintaining the 3-
flow rate hour block average
operating limit scrubbing liquid
established flow rate greater
during the than or equal to the
performance test. flow rate operating
limit established
during the
performance test
(the continuous
scrubbing liquid
flow rate measuring
device must be
accurate within
1% and
the continuous
pressure drop
measurement device
must be accurate
within 1%).
[[Page 96114]]
2. Each lime kiln or lime a. Maintain and (i) Operating the FF
cooler equipped with a FF and operate the FF or ESP so that the
using a BLDS, and each lime or ESP such that alarm on the bag
kiln equipped with an ESP or the bag leak or leak or PM detection
FF using a PM detector. PM detector system is not
alarm, is not activated and an
activated and alarm condition does
alarm condition not exist for more
does not exist than 5 percent of
for more than 5 the total operating
percent of the time in each 6-month
total operating reporting period;
time in each 6- and continuously
month period. recording the output
from the BLD or PM
detection system;
and
(ii) Each time the
alarm sounds and the
owner or operator
initiates corrective
actions within 1
hour of the alarm, 1
hour of alarm time
will be counted (if
the owner or
operator takes
longer than 1 hour
to initiate
corrective actions,
alarm time will be
counted as the
actual amount of
time taken by the
owner or operator to
initiate corrective
actions); if
inspection of the FF
or ESP system
demonstrates that no
corrective actions
are necessary, no
alarm time will be
counted.
3. Each stack emissions source Maintain the 3- Collecting the wet
from a PSH operation subject hour block scrubber operating
to an opacity limit, which is average exhaust data according to
controlled by a wet scrubber. gas stream all applicable
pressure drop requirements in Sec.
across the wet 63.7113 and
scrubber greater reducing the data
than or equal to according to Sec.
the pressure 63.7113(a);
drop operating maintaining the 3-
limit hour block average
established exhaust gas stream
during the pressure drop across
performance the wet scrubber
test; and greater than or
maintain the 3- equal to the
hour block pressure drop
average operating limit
scrubbing liquid established during
flow rate the performance
greater than or test; and
equal to the maintaining the 3-
flow rate hour block average
operating limit scrubbing liquid
established flow rate greater
during the than or equal to the
performance test. flow rate operating
limit established
during the
performance test
(the continuous
scrubbing liquid
flow rate measuring
device must be
accurate within
1% and
the continuous
pressure drop
measurement device
must be accurate
within 1%).
4. For each lime kiln or lime a. Maintain and i. Installing,
cooler equipped with a FF or operate the FF maintaining,
an ESP that uses a COMS as or ESP such that calibrating and
the monitoring device. the average operating a COMS as
opacity for any required by 40 CFR
6-minute block part 63, subpart A,
period does not General Provisions
exceed 15 and according to PS-
percent. 1 of appendix B to
part 60 of this
chapter, except as
specified in Sec.
63.7113(g)(2); and
ii. Collecting the
COMS data at a
frequency of at
least once every 15
seconds, determining
block averages for
each 6-minute period
and demonstrating
for each 6-minute
block period the
average opacity does
not exceed 15
percent.
5. Each lime kiln equipped Maintain the 3- Collecting the dry
with dry sorbent injection. hour block dry sorbent and/or
sorbent and/or activated carbon
activated carbon injection operating
flow rate data according to
greater than or all applicable
equal to the requirements in Sec.
injection flow 63.7113 and
rate operating reducing the data
limit according to Sec.
established 63.7113(a);
during the most maintaining the 3-
recent hour block average
performance injection flow rate
test.. greater than or
equal to the
injection flow rate
operating limit
established during
the performance test
6. Each lime kiln equipped Maintain the 3- Collecting the
with a thermal oxidizer. hour block thermal oxidizer
average operating data
combustion according to all
chamber applicable
temperature requirements in Sec.
greater or equal 63.7113 and
to the reducing the data
combustion according to Sec.
chamber 63.7113(a);
operating limit maintaining the 3-
established in hour block average
the most recent combustion chamber
performance test. temperature greater
than or equal to the
combustion chamber
operating limit
established during
the performance
test.
------------------------------------------------------------------------
13. Revise table 8 to subpart AAAAA to read as follows:
Table 8 to Subpart AAAAA of Part 63--Requirements for Reports
[As required in Sec. 63.7131, you must submit each report in this
table that applies to you.]
------------------------------------------------------------------------
The report must You must submit the
You must submit a . . . contain . . . report . . .
------------------------------------------------------------------------
1. Compliance report........ a. If there are no Semiannually
deviations from any according to the
emission requirements in
limitations Sec. 63.7131(b).
(emission limit,
operating limit,
opacity limit, and
VE limit) that
applies to you, a
statement that
there were no
deviations from the
emission
limitations during
the reporting
period;.
[[Page 96115]]
b. If there were no Semiannually
periods during according to the
which the CMS, requirements in
including any Sec. 63.7131(b).
operating parameter
monitoring system,
was out-of-control
as specified in
Sec. 63.8(c)(7),
a statement that
there were no
periods during
which the CMS was
out-of-control
during the
reporting period;.
c. If you have a Semiannually
deviation from any according to the
emission limitation requirements in
(emission limit, Sec. 63.7131(b).
operating limit,
opacity limit, and
VE limit) during
the reporting
period, the report
must contain the
information in Sec.
63.7131(d);.
d. If there were Semiannually
periods during according to the
which the CMS, requirements in
including any Sec. 63.7131(b).
operating parameter
monitoring system,
was out-of-control,
as specified in
Sec. 63.8(c)(7),
the report must
contain the
information in Sec.
63.7131(e); and.
e. Before the Semiannually
relevant compliance according to the
date for your requirements in
source as specified Sec. 63.7131(b).
in Sec.
63.7083(g), if you
had a startup,
shutdown or
malfunction during
the reporting
period and you took
actions consistent
with your SSMP, the
compliance report
must include the
information in Sec.
63.10(d)(5)(i).
On and after the
relevant compliance
date for your
source as specified
in Sec.
63.7083(g), if you
had a startup,
shutdown or
malfunction during
the reporting
period and you
failed to meet an
applicable
standard, the
compliance report
must include the
information in Sec.
63.7131(c)(3)..
2. Before the relevant Actions taken for By fax or telephone
compliance date for your the event. within 2 working
source as specified in Sec. days after starting
63.7083(g), an immediate actions
startup, shutdown, and inconsistent with
malfunction report if you the SSMP.
had a startup, shutdown, or
malfunction during the
reporting period that is
not consistent with your
SSMP.
3. Before the relevant The information in By letter within 7
compliance date for your Sec. working days after
source as specified in Sec. 63.10(d)(5)(ii). the end of the
63.7083(g), an immediate event unless you
startup, shutdown, and have made
malfunction report if you alternative
had a startup, shutdown, or arrangements with
malfunction during the the permitting
reporting period that is authority. See Sec.
not consistent with your 63.10(d)(5)(ii).
SSMP.
4. Performance Test Report.. The information According to the
required in Sec. requirements of
63.7(g) and Sec. Sec. 63.7131.
63.7112(h).
------------------------------------------------------------------------
0
14. Revise table 10 to subpart AAAAA to read as follows:
Table 10 to Subpart AAAAA of Part 63--Applicability of General Provisions to Subpart AAAAA
[As required in Sec. 63.7140, you must comply with the applicable General Provisions requirements according to
the following table.]
----------------------------------------------------------------------------------------------------------------
Am I subject to this
Citation Summary of requirement requirement? Explanations
----------------------------------------------------------------------------------------------------------------
Sec. 63.1(a)(1)-(4)................ Applicability.......... Yes.................... .......................
Sec. 63.1(a)(5).................... No..................... .......................
Sec. 63.1(a)(6).................... Applicability.......... Yes.................... .......................
Sec. 63.1(a)(7)-(a)(9)............. No..................... .......................
Sec. 63.1(a)(10)-(a)(14)........... Applicability.......... Yes.................... .......................
Sec. 63.1(b)(1).................... Initial Applicability Yes.................... Sec. Sec. 63.7081
Determination. and 63.7142 specify
additional
applicability
determination
requirements.
Sec. 63.1(b)(2).................... No..................... .......................
Sec. 63.1(b)(3).................... Initial Applicability Yes.................... .......................
Determination.
Sec. 63.1(c)(1).................... Applicability After Yes.................... .......................
Standard Established.
[[Page 96116]]
Sec. 63.1(c)(2).................... Permit Requirements.... No..................... Area sources not
subject to subpart
AAAAA, except all
sources must make
initial applicability
determination.
Sec. 63.1(c)(3)-(4)................ No..................... .......................
Sec. 63.1(c)(5).................... Area Source Becomes Yes.................... .......................
Major.
Sec. 63.1(c)(6).................... Reclassification....... Yes.................... .......................
Sec. 63.1(d)....................... No..................... .......................
Sec. 63.1(e)....................... Applicability of Permit Yes.................... .......................
Program.
Sec. 63.2.......................... Definitions............ Yes.................... Additional definitions
in Sec. 63.7143.
Sec. 63.3(a)-(c)................... Units and Abbreviations Yes.................... .......................
Sec. 63.4(a)(1)-(a)(2)............. Prohibited Activities.. Yes.................... .......................
Sec. 63.4(a)(3)-(a)(5)............. No..................... .......................
Sec. 63.4(b)-(c)................... Circumvention, Yes.................... .......................
Severability.
Sec. 63.5(a)(1)-(2)................ Construction/ Yes.................... .......................
Reconstruction.
Sec. 63.5(b)(1).................... Compliance Dates....... Yes.................... .......................
Sec. 63.5(b)(2).................... No..................... .......................
Sec. 63.5(b)(3)-(4)................ Construction Approval, Yes.................... .......................
Applicability.
Sec. 63.5(b)(5).................... No..................... .......................
Sec. 63.5(b)(6).................... Applicability.......... Yes.................... .......................
Sec. 63.5(c)....................... No..................... .......................
Sec. 63.5(d)(1)-(4)................ Approval of Yes.................... .......................
Construction/
Reconstruction.
Sec. 63.5(e)....................... Approval of Yes.................... .......................
Construction/
Reconstruction.
Sec. 63.5(f)(1)-(2)................ Approval of Yes.................... .......................
Construction/
Reconstruction.
Sec. 63.6(a)....................... Compliance for Yes.................... .......................
Standards and
Maintenance.
Sec. 63.6(b)(1)-(5)................ Compliance Dates....... Yes.................... .......................
Sec. 63.6(b)(6).................... No..................... .......................
Sec. 63.6(b)(7).................... Compliance Dates....... Yes.................... .......................
Sec. 63.6(c)(1)-(2)................ Compliance Dates....... Yes.................... .......................
Sec. 63.6(c)(3)-(c)(4)............. No..................... .......................
Sec. 63.6(c)(5).................... Compliance Dates....... Yes.................... .......................
Sec. 63.6(d)....................... No..................... .......................
Sec. 63.6(e)(1)(i)................. General Duty to Yes before the relevant On and after the
Minimize Emissions. compliance date for relevant compliance
your source as date for your source
specified in Sec. as specified in Sec.
63.7083(g). 63.7083(g), see Sec.
No on and after the 63.7100 for general
relevant compliance duty requirement.
date for your source
as specified in Sec.
63.7083(g).
Sec. 63.6(e)(1)(ii)................ Requirement to Correct Yes before the relevant .......................
Malfunctions ASAP. compliance date for
your source as
specified in Sec.
63.7083(g).
No on and after the
relevant compliance
date for your source
as specified in Sec.
63.7083(g).
Sec. 63.6(e)(1)(iii)............... Operation and Yes.................... .......................
Maintenance
Requirements.
Sec. 63.6(e)(2).................... No..................... [Reserved]
Sec. 63.6(e)(3).................... Startup, Shutdown Yes before the relevant On and after the
Malfunction Plan. compliance date for relevant compliance
your source as date for your source
specified in Sec. as specified in Sec.
63.7083(g). 63.7083(g), the OM&M
No on and after the plan must address
relevant compliance periods of startup and
date for your source shutdown. See Sec.
as specified in Sec. 63.7100(d).
63.7083(e).
Sec. 63.6(f)(1).................... SSM exemption.......... No..................... See Sec. 63.7100. For
periods of startup and
shutdown, see Sec.
63.7090(c).
Sec. 63.6(f)(2)-(3)................ Methods for Determining Yes.................... .......................
Compliance.
Sec. 63.6(g)(1)-(g)(3)............. Alternative Standard... Yes.................... .......................
Sec. 63.6(h)(1).................... SSM exemption.......... No..................... See Sec. 63.7100. For
periods of startup and
shutdown, see Sec.
63.7090(c).
Sec. 63.6(h)(2).................... Methods for Determining Yes.................... .......................
Compliance.
Sec. 63.6(h)(3).................... No..................... .......................
[[Page 96117]]
Sec. 63.6(h)(4)-(h)(5)(i).......... Opacity/VE Standards... Yes.................... This requirement only
applies to opacity and
VE performance checks
required in table 5 to
subpart AAAAA.
Sec. 63.6(h)(5) (ii)-(iii)......... Opacity/VE Standards... No..................... Test durations are
specified in subpart
AAAAA; subpart AAAAA
takes precedence.
Sec. 63.6(h)(5)(iv)................ Opacity/VE Standards... No..................... .......................
Sec. 63.6(h)(5)(v)................. Opacity/VE Standards... Yes.................... .......................
Sec. 63.6(h)(6).................... Opacity/VE Standards... Yes.................... .......................
Sec. 63.6(h)(7).................... COM Use................ Yes.................... .......................
Sec. 63.6(h)(8).................... Compliance with Opacity Yes.................... .......................
and VE.
Sec. 63.6(h)(9).................... Adjustment of Opacity Yes.................... .......................
Limit.
Sec. 63.6(i)(1)-(i)(14)............ Extension of Compliance Yes.................... .......................
Sec. 63.6(i)(15)................... No..................... .......................
Sec. 63.6(i)(16)................... Extension of Compliance Yes.................... .......................
Sec. 63.6(j)....................... Exemption from Yes.................... .......................
Compliance.
Sec. 63.7(a)(1)-(a)(3)............. Performance Testing Yes.................... Sec. 63.7110
Requirements. specifies deadlines;
Sec. 63.7112 has
additional specific
requirements.
Sec. 63.7(b)....................... Notification........... Yes.................... .......................
Sec. 63.7(c)....................... Quality Assurance/Test Yes.................... .......................
Plan.
Sec. 63.7(d)....................... Testing Facilities..... Yes.................... .......................
Sec. 63.7(e)(1).................... Conduct of Tests....... Yes before the relevant On and after the
compliance date for relevant compliance
your source as date for your source
specified in Sec. as specified in Sec.
63.7083(g). 63.7083(g), see Sec.
No on and after the 63.7112(b).
relevant compliance
date for your source
as specified in Sec.
63.7083(g).
Sec. 63.7(e)(2)-(4)................ Conduct of Tests....... Yes.................... .......................
Sec. 63.7(f)....................... Alternative Test Method Yes.................... .......................
Sec. 63.7(g)....................... Data Analysis.......... Yes.................... .......................
Sec. 63.7(h)....................... Waiver of Tests........ Yes.................... .......................
Sec. 63.8(a)(1).................... Monitoring Requirements Yes.................... See Sec. 63.7113.
Sec. 63.8(a)(2).................... Monitoring............. Yes.................... .......................
Sec. 63.8(a)(3).................... No..................... .......................
Sec. 63.8(a)(4).................... Monitoring............. No..................... Flares not applicable.
Sec. 63.8(b)(1)-(3)................ Conduct of Monitoring.. Yes.................... .......................
Sec. 63.8(c)(1)(i)................. CMS Operation/ Yes before the relevant On and after the
Maintenance. compliance date for relevant compliance
your source as date for your source
specified in Sec. as specified in Sec.
63.7083(g). 63.7083(g), see Sec.
No on and after the 63.7100 for OM&M
relevant compliance requirements.
date for your source
as specified in Sec.
63.7083(e).
Sec. 63.8(c)(1)(ii)................ CMS Spare Parts........ Yes.................... .......................
Sec. 63.8(c)(1)(iii)............... Requirement to Develop Yes before the relevant On and after the
SSM Plan for CMS. compliance date for relevant compliance
your source as date for your source
specified in Sec. as specified in Sec.
63.7083(g). 63.7083(g), no longer
No on and after the required.
relevant compliance
date for your source
as specified in Sec.
63.7083(g).
Sec. 63.8(c)(2)-(3)................ CMS Operation/ Yes.................... .......................
Maintenance.
Sec. 63.8(c)(4).................... CMS Requirements....... No..................... See Sec. 63.7121.
Sec. 63.8(c)(4)(i)-(ii)............ Cycle Time for COM and Yes.................... No CEMS are required
CEMS. under subpart AAAAA;
see Sec. 63.7113 for
CPMS requirements.
Sec. 63.8(c)(5).................... Minimum COM procedures. Yes.................... COM not required.
Sec. 63.8(c)(6).................... CMS Requirements....... No..................... See Sec. 63.7113.
Sec. 63.8(c)(7)-(8)................ CMS Requirements....... Yes.................... .......................
Sec. 63.8(d)(1)-(2)................ Quality Control........ Yes.................... See also Sec.
63.7113.
Sec. 63.8(d)(3).................... Quality Control........ Yes before the relevant .......................
compliance date for
your source as
specified in Sec.
63.7083(g).
No on and after the
relevant compliance
date for your source
as specified in Sec.
63.7083(g).
Sec. 63.8(e)....................... Performance Evaluation Yes.................... See also Sec. 63.7113
for CMS.
Sec. 63.8(f)(1)-(f)(5)............. Alternative Monitoring Yes.................... .......................
Method.
Sec. 63.8(f)(6).................... Alternative to Relative No..................... No CEMS required in
Accuracy Test for CEMS. subpart AAAAA.
[[Page 96118]]
Sec. 63.8(g)(1)-(g)(5)............. Data Reduction; Data No..................... See data reduction
That Cannot Be Used. requirements in Sec.
Sec. 63.7120 and
63.7121.
Sec. 63.9(a)....................... Notification Yes.................... See Sec. 63.7130.
Requirements.
Sec. 63.9(b)....................... Initial Notifications.. Yes.................... .......................
Sec. 63.9(c)....................... Request for Compliance Yes.................... .......................
Extension.
Sec. 63.9(d)....................... New Source Notification Yes.................... .......................
for Special Compliance
Requirements.
Sec. 63.9(e)....................... Notification of Yes.................... .......................
Performance Test.
Sec. 63.9(f)....................... Notification of VE/ Yes.................... This requirement only
Opacity Test. applies to opacity and
VE performance tests
required in table 5 to
subpart AAAAA.
Notification not
required for VE/
opacity test under
table 7 to subpart
AAAAA.
Sec. 63.9(g)....................... Additional CMS No..................... Not required for
Notifications. operating parameter
monitoring.
Sec. 63.9(h)(1)-(h)(3)............. Notification of Yes.................... .......................
Compliance Status.
Sec. 63.9(h)(4).................... No..................... .......................
Sec. 63.9(h)(5)-(h)(6)............. Notification of Yes.................... .......................
Compliance Status.
Sec. 63.9(i)....................... Adjustment of Deadlines Yes.................... .......................
Sec. 63.9(j)....................... Change in Previous Yes.................... .......................
Information.
Sec. 63.9(k)....................... Electronic reporting Yes.................... Only as specified in
procedures. Sec. 63.9(j)
Sec. 63.10(a)...................... Recordkeeping/Reporting Yes.................... See Sec. Sec.
General Requirements. 63.7131 through
63.7133.
Sec. 63.10(b)(1)................... Records................ Yes.................... .......................
Sec. 63.10(b)(2)(i)................ Recordkeeping of Yes before the relevant .......................
Occurrence and compliance date for
Duration of Startups your source as
and Shutdowns. specified in Sec.
63.7083(g).
No on and after the
relevant compliance
date for your source
as specified in Sec.
63.7083(g).
Sec. 63.10(b)(2)(ii)............... Recordkeeping of Yes before the relevant On and after the
Failures to Meet a compliance date for relevant compliance
Standard. your source as date for your source
specified in Sec. as specified in Sec.
63.7083(g). 63.7083(g), see Sec.
No on and after the 63.7132 for
relevant compliance recordkeeping of (1)
date for your source date, time and
as specified in Sec. duration; (2) listing
63.7083(g). of affected source or
equipment, and an
estimate of the
quantity of each
regulated pollutant
emitted over the
standard; and (3)
actions to minimize
emissions and correct
the failure.
Sec. 63.10(b)(2)(iii).............. Maintenance Records.... Yes.................... .......................
Sec. 63.10(b)(2)(iv)-(v)........... Actions Taken to Yes before the relevant On and after the
Minimize Emissions compliance date for relevant compliance
During SSM. your source as date for your source
specified in Sec. as specified in Sec.
63.7083(g). 63.7083(g), see Sec.
No on and after the 63.7100 for OM&M
relevant compliance requirements.
date for your source
as specified in Sec.
63.7083(e).
Sec. 63.10(b)(2)(vi)-(xii)......... Recordkeeping for CMS.. Yes.................... .......................
Sec. 63.10(b)(2)(xiii)............. Records for Relative No..................... .......................
Accuracy Test.
Sec. 63.10(b)(2)(xiv).............. Records for Yes.................... .......................
Notification.
Sec. 63.10(b)(3)................... Applicability Yes.................... .......................
Determinations.
Sec. 63.10(c)...................... Additional CMS No..................... See Sec. 63.7132.
Recordkeeping.
Sec. 63.10(d)(1)................... General Reporting Yes.................... .......................
Requirements.
Sec. 63.10(d)(2)................... Performance Test Yes.................... .......................
Results.
Sec. 63.10(d)(3)................... Opacity or VE Yes.................... For the periodic
Observations. monitoring
requirements in table
7 to subpart AAAAA,
report according to
Sec. 63.10(d)(3)
only if VE observed
and subsequent visual
opacity test is
required.
Sec. 63.10(d)(4)................... Progress Reports....... Yes.................... .......................
[[Page 96119]]
Sec. 63.10(d)(5)(i)................ Periodic Startup, Yes before the relevant On and after the
Shutdown, Malfunction compliance date for relevant compliance
Reports. your source as date for your source
specified in Sec. as specified in Sec.
63.7083(g). 63.7083(g), see Sec.
No on and after the 63.7131 for
relevant compliance malfunction reporting
date for your source requirements.
as specified in Sec.
63.7083(g).
Sec. 63.10(d)(5)(ii)............... Immediate Startup, Yes before the relevant .......................
Shutdown, Malfunction compliance date for
Reports. your source as
specified in Sec.
63.7083(g).
No on and after the
relevant compliance
date for your source
as specified in Sec.
63.7083(g).
Sec. 63.10(e)...................... Additional CMS Reports. No..................... See specific
requirements in
subpart AAAAA, see
Sec. 63.7131.
Sec. 63.10(f)...................... Waiver for Yes.................... .......................
Recordkeeping/
Reporting.
Sec. 63.11(a)-(b).................. Control Device and Work No..................... Flares not applicable.
Practice Requirements.
Sec. 63.12(a)-(c).................. State Authority and Yes.................... .......................
Delegations.
Sec. 63.13(a)-(c).................. State/Regional Yes.................... .......................
Addresses.
Sec. 63.14(a)-(b).................. Incorporation by No..................... .......................
Reference.
Sec. 63.15(a)-(b).................. Availability of Yes.................... .......................
Information and
Confidentiality.
Sec. 63.16......................... Performance Track Yes.................... .......................
Provisions.
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[FR Doc. 2024-27874 Filed 12-3-24; 8:45 am]
BILLING CODE 6560-50-P