[Federal Register Volume 79, Number 65 (Friday, April 4, 2014)]
[Rules and Regulations]
[Pages 18951-18972]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-06719]



[[Page 18951]]

Vol. 79

Friday,

No. 65

April 4, 2014

Part II





Environmental Protection Agency





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40 CFR Part 60





Kraft Pulp Mills NSPS Review; Final Rule

Federal Register / Vol. 79 , No. 65 / Friday, April 4, 2014 / Rules 
and Regulations

[[Page 18952]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 60

[EPA-HQ-OAR-2012-0640; FRL-9907-37-OAR]
RIN 2060-AR64


Kraft Pulp Mills NSPS Review

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This action finalizes revisions to the new source performance 
standards for kraft pulp mills. These revised standards include 
particulate matter emission limits for recovery furnaces, smelt 
dissolving tanks and lime kilns, and opacity limits for recovery 
furnaces and lime kilns equipped with electrostatic precipitators. 
These revised standards apply to emission units commencing 
construction, reconstruction or modification after May 23, 2013. This 
final rule removes the General Provisions exemption for periods of 
startup, shutdown and malfunction resulting in a standard that applies 
at all times. This final rule also includes additional testing 
requirements and updated monitoring, recordkeeping and reporting 
requirements for affected sources, including electronic reporting of 
performance test data. These revisions to the testing, monitoring, 
recordkeeping and reporting requirements are expected to ensure that 
control systems are properly maintained over time, ensure continuous 
compliance with standards and improve data accessibility for the 
Environmental Protection Agency (EPA), states, tribal governments and 
communities.

DATES: This final action is effective on April 4, 2014. The 
incorporation by reference of certain publications listed in this rule 
is approved by the Director of the Federal Register as of April 4, 
2014.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID Number EPA-HQ-OAR-2012-0640. All documents in the docket are 
listed in the http://www.regulations.gov index. Although listed in the 
index, some information is not publicly available (e.g., confidential 
business information or other information whose disclosure is 
restricted by statute). Certain other material, such as copyrighted 
material, will be publicly available only in hard copy form. Publicly 
available docket materials are available either electronically in 
http://www.regulations.gov or in hard copy at the EPA Docket Center, 
Public Reading Room, EPA West, Room 3334, 1301 Constitution Ave. NW., 
Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30 
p.m., Monday through Friday, excluding legal holidays. The telephone 
number for the Public Reading Room is (202) 566-1744, and the telephone 
number for the Air Docket is (202) 566-1742.

FOR FURTHER INFORMATION CONTACT: For questions about this final rule 
for kraft pulp mills, contact Dr. Kelley Spence, Natural Resources 
Group, Sector Policies and Programs Division, Office of Air Quality 
Planning and Standards (E143-03), Environmental Protection Agency, 
Research Triangle Park, North Carolina 27711, telephone number (919) 
541-3158; fax number (919) 541-3470; email address: 
spence.kelley@epa.gov.

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

ADTP Air dried ton of pulp
Agency U.S. Environmental Protection Agency
ANSI American National Standards Institute
ASME American Society of Mechanical Engineers
BDT Best demonstrated technology
BLO Black liquor oxidation
BLS Black liquor solids
BSER Best system of emissions reduction
BSW Brown stock washer
CAA Clean Air Act
CBI Confidential business information
CDX Central Data Exchange
CEDRI Compliance and Emissions Data Reporting Interface
CEMS Continuous emission monitoring system
CFR Code of Federal Regulations
Cir. Circuit Court
COMS Continuous opacity monitoring system
Court United States Court of Appeals for the District of Columbia 
Circuit
CWA Clean Water Act
D.C. Cir. United States Court of Appeals for the District of 
Columbia Circuit
dscf Dry standard cubic foot
EPA U.S. Environmental Protection Agency
ERT Electronic Reporting Tool
ESP Electrostatic precipitator
FR Federal Register
gr Grain(s)
H2S Hydrogen sulfide
HAP Hazardous air pollutant(s)
HVLC High-volume, low-concentration
IBR Incorporation by Reference
ICR Information collection request
lb Pound(s)
LVHC Low-volume, high-concentration
N/A Not applicable
NAICS North American Industry Classification System
NESHAP National emission standards for hazardous air pollutants
NSPS New source performance standards
NTTAA National Technology Transfer and Advancement Act of 1995
NW Northwest
O&M Operating and maintenance
O2 Oxygen
OMB Office of Management and Budget
PM Particulate matter
ppm Parts per million
ppmdv Part(s) per million by dry volume
PTC Performance Test Code
RTR Risk and technology review
SDT Smelt dissolving tank
SSM Startup, shutdown and malfunction
TAPPI Technical Association of the Pulp and Paper Industry
TRS Total reduced sulfur
TTN Technology Transfer Network
U.S. United States
U.S.C. United States Code
UMRA Unfunded Mandates Reform Act
v. Versus
VCS Voluntary consensus standard(s)
VOC Volatile organic compound
yr Year(s)
    Background Information Document. On May 23, 2013, the EPA proposed 
revisions to the Kraft Pulp Mills New Source Performance Standards 
(NSPS) based on evaluations performed by the EPA to conduct the NSPS 
review. In this action, we are finalizing revisions to the rule. A 
document summarizing the public comments on the proposal and presenting 
the EPA responses to those comments is available in Docket ID Number 
EPA-HQ-OAR-2012-0640.
    Organization of This Document. The following outline is provided to 
aid in locating information in this preamble.

I. Executive Summary
    A. Purpose of Regulatory Action
    B. Summary of Major Provisions
    C. Summary of Costs and Benefits
II. General Information
    A. Does this action apply to me?
    B. Where can I get a copy of this document?
    C. Judicial Review
III. Background
IV. Summary of the Final NSPS Review
    A. What are the final rule requirements for kraft pulp mills?
    B. What are the requirements during periods of startup, shutdown 
and malfunction?
    C. What are the effective and compliance dates of the standards?
    D. What are the requirements for submission of performance test 
data to the EPA?
V. Summary of Significant Changes Following Proposal
    A. TRS Vent Gas Collection
    B. Startup, Shutdown and Malfunction
    C. Opacity Monitoring
    D. TRS and Oxygen Monitoring
    E. Temperature Monitoring
    F. ESP Parameter Monitoring
    G. Averaging Period for Determining Monitoring Allowances
    H. Other Miscellaneous Changes
VI. Summary of Cost, Environmental, Energy and Economic Impacts
VII. Statutory and Executive Order Reviews

[[Page 18953]]

    A. Executive Order 12866: Regulatory Planning and Review and 
Executive Order 13563: Improving Regulation and Regulatory Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act
    D. Unfunded Mandates Reform Act
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination With 
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children From 
Environmental Health Risks and Safety Risks
    H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution or Use
    I. National Technology Transfer and Advancement Act
    J. Executive Order 12898: Federal Actions To Address 
Environmental Justice in Minority Populations and Low-Income 
Populations
    K. Congressional Review Act

    A red-line version of the regulatory language that incorporates the 
changes in this action is available in the docket for this action 
(Docket ID No. EPA-HQ-OAR-2012-0640).

I. Executive Summary

A. Purpose of Regulatory Action

    Section 111(b)(1)(B) of the Clean Air Act (CAA) requires the EPA to 
review and, if appropriate, revise existing NSPS at least every 8 
years. The NSPS for Kraft Pulp Mills (40 CFR part 60, subpart BB) were 
promulgated in 1978 and last reviewed in 1986. In this review, the EPA 
considers what degree of emission limitation is achievable through the 
application of the best system of emission reductions (BSER), which 
(taking into account the cost of achieving such reduction and any non-
air quality health and environmental impact and energy requirements) 
the Administrator determines has been adequately demonstrated. The EPA 
also considers the emission limitations and reductions that have been 
achieved in practice.
    In addition to conducting the NSPS review, the EPA evaluated the 
startup, shutdown and malfunction (SSM) provisions in this rule in 
light of the District of Columbia Circuit Court of Appeals (D.C. Cir.) 
decision in Sierra Club v. EPA, 551 F.3d 1019 (D.C. Cir. 2008), which 
held that the SSM exemption in the General Provisions in 40 CFR part 63 
violated the CAA's requirement that some standard apply continuously. 
In the Sierra Club case, the D.C. Circuit vacated the SSM exemption 
provisions in the General Provisions of 40 CFR part 63 for non-opacity 
and opacity standards. The Court explained that under section 302(k) of 
the CAA, emission standards or limitations must be continuous in 
nature. The Court then held that the SSM exemption violates the CAA's 
requirement that some section 112 standard apply continuously. In light 
of the Court's reasoning, all rule provisions must be carefully 
examined to determine whether they provide for periods when no emission 
standard applies.
    The EPA believes that even though the Court in Sierra Club v. EPA 
was considering a challenge to a section 112 national emissions 
standard for hazardous air pollutants (NESHAP), the Court's reasoning 
applies equally to CAA section 111 (NSPS) and section 129 rules. The 
EPA's general approach to SSM periods has been used consistently in 
promulgating new NSPS standards under CAA section 111, and in section 
112 and section 129 rulemaking actions, since the DC Circuit's decision 
in Sierra Club. See, e.g., New Source Performance Standards Review for 
Nitric Acid Plants, Final Rule, 77 FR 48433 (August 14, 2012); New 
Source Performance Standards for New Stationary Sources and Emission 
Guidelines for Existing Sources; Commercial and Industrial Solid Waste 
Incineration Units, Final rule, 76 FR 15704, (March 21, 2011); Oil and 
Natural Gas Sector: New Source Performance Standards and National 
Emission Standards for Hazardous Air Pollutants Reviews; Final rules, 
77 FR 49490, (August 16, 2012).
    To address the NSPS review, SSM exemptions and other changes, the 
EPA is promulgating new standards which apply to affected sources at 
kraft pulp mills for which construction, modification or reconstruction 
commences after May 23, 2013. The affected sources under the NSPS are 
new, modified or reconstructed digester systems, brown stock washer 
(BSW) systems, evaporator systems, condensate stripper systems, 
recovery furnaces, smelt dissolving tanks (SDTs) and lime kilns at 
kraft pulp mills. The requirements for these new, modified or 
reconstructed sources are included in a new subpart--40 CFR part 60, 
subpart BBa. The EPA is also promulgating testing, monitoring, 
recordkeeping and reporting requirements for subpart BBa that are in 
some ways different from what is required under 40 CFR part 60, subpart 
BB. Subpart BB continues to apply for affected sources that are 
constructed, modified or reconstructed after September 24, 1976, and on 
or before May 23, 2013, while subpart BBa applies for affected sources 
constructed, modified or reconstructed after May 23, 2013.

B. Summary of Major Provisions

    Based on the results of the NSPS review, and following 
consideration of public comments, the EPA is finalizing the proposed 40 
CFR part 60, subpart BBa standards for filterable particulate matter 
(PM), opacity and total reduced sulfur (TRS) compounds and is 
finalizing the associated proposed monitoring allowances. The final 
rule specifies that TRS emissions from digester systems, BSW systems, 
evaporator systems and condensate stripper systems that are controlled 
by incineration or other means must be collected in a low-volume high-
concentration (LVHC) or a high-volume low-concentration (HVLC) closed-
vent system meeting the requirements of the provisions of 40 CFR 63.450 
of subpart S. Table 1 summarizes the final standards for filterable PM, 
opacity and TRS contained in subpart BBa.

   Table 1--Summary of Subpart BBa Standards for Affected Sources at Kraft Pulp Mills Constructed, Modified or
                                        Reconstructed After May 23, 2013
----------------------------------------------------------------------------------------------------------------
                                      40 CFR 60.282a Filterable
          Affected sources             particulate matter (PM)       40 CFR 60.283a Total reduced sulfur (TRS)
----------------------------------------------------------------------------------------------------------------
Digester system, brown stock washer  None.......................  Meet a limit of 5 ppmdv & 10% oxygen
 system, evaporator system and                                     (O[ihel2]), unless one of the following
 condensate stripper system.                                       conditions is met:
                                                                     1. Collect emissions from affected source
                                                                      in LVHC or HVLC closed-vent system meeting
                                                                      the requirements in 40 CFR part 63,
                                                                      subpart S and combust in one of the
                                                                      following:
                                                                       (a) Lime kiln subject to subpart BB or
                                                                        BBa (8 ppmdv TRS & 10% O[ihel2] limit);
                                                                        or

[[Page 18954]]

 
                                                                       (b) Recovery furnace subject to subpart
                                                                        BB or BBa (5 or 25 ppmdv TRS @ 8%
                                                                        O[ihel2] limit); or
                                                                       (c) Incinerator, recovery furnace or lime
                                                                        kiln not subject to subpart BB or BBa,
                                                                        operated at a minimum temperature of
                                                                        1,200 [deg]F for 0.5 seconds (no ppmdv
                                                                        limit).
                                                                     2. Collect emissions from affected source
                                                                      in LVHC or HVLC closed-vent system meeting
                                                                      the requirements in subpart S and use non-
                                                                      combustion control device with a limit of
                                                                      5 ppmdv, uncorrected for O[ihel2].
                                                                     3. It is technologically or economically
                                                                      infeasible to incinerate BSW system gases.
                                                                     4. Uncontrolled digester gases contain
                                                                      <0.01 pounds of TRS per air dried ton of
                                                                      pulp (lb TRS/ADTP).
Recovery furnace...................  1a. Modified: 0.044 grains   1a. Straight recovery furnace \1\ 5 ppmdv @ 8%
                                      per dry standard cubic       O [ihel2]; and 1% monitoring allowance for
                                      foot (gr/dscf) @ 8%          TRS (restricted to <=30 ppmdv @ 8% O[ihel2]
                                      O[ihel2]; or                 or
                                     1b. New/reconstructed:       1b. Cross recovery furnance \2\ 25 ppmdv @ 8%
                                      0.015 gr/dscf @ 8% O         O [ihel2] and 1% monitoring allownace for TRS
                                      [ihel2] and.                 (restricted to <=50 ppmdv @ 8% O [ihel2]).
                                     2. ESP only: 20% opacity;
                                      and 2% monitoring
                                      allowance for opacity
                                      (provided ESP secondary
                                      voltage/current or power
                                      exceed minimum operating
                                      limits).
Smelt dissolving tank..............  1a. Modified: 0.2 lb/ton     0.033 lb/ton BLS as hydrogen sulfide
                                      black liquor solids (BLS)    (H[ihel2]S).
                                      dry weight; or
                                     1b. New/reconstructed: 0.12
                                      lb/ton BLS dry weight if
                                      associated with a new or
                                      reconstructed recovery
                                      furnace; or
                                     1c. New/reconstructed: 0.2
                                      lb/ton BLS dry weight if
                                      not associated with a new
                                      or reconstructed recovery
                                      furnace.
Lime kiln..........................  1a. Modified: 0.064 gr/dscf  8 ppmdv & 10% O[ihel2]; and 1% monitoring
                                      @ 10% O[ihel2]; or           allowance for TRS (restricted to <=22 ppmdv &
                                                                   10% O[ihel2]).
                                     1b. New/reconstructed:
                                      0.010 gr/dscf @ 10%
                                      O[ihel2]; and
                                     2.a ESP only: 20% opacity;
                                      and 1% monitoring
                                      allowance for opacity
                                      (provided ESP secondary
                                      voltage/current or power
                                      exceed minimum operating
                                      limits).
----------------------------------------------------------------------------------------------------------------
 \1\ A straight recovery furnace is one that only burns kraft pulping liquors.
\2\ A cross recovery furnace is one that burns kraft and neutral sulfite semichemical pulping liquors.

    Continuous monitoring of opacity is required for recovery furnaces 
and lime kilns that are not using wet scrubbers or combined 
electrostatic precipitator (ESP)/scrubber systems. Continuous 
monitoring of TRS emissions is required for recovery furnaces, lime 
kilns and other affected sources that comply with the TRS concentration 
limits. Parameter monitoring is required for ESPs, wet scrubbers and 
combined ESP/scrubber systems.
    The emission standards are applicable at all times as specified in 
the monitoring and testing provisions in subpart BBa. The EPA is 
including in this final rule an affirmative defense to civil penalties 
for exceedances of emission limits caused by malfunctions that meet 
certain criteria (i.e., the exceedance must come from an ``unavoidable 
failure''), along with recordkeeping and reporting requirements.
    Initial and repeat performance testing is required once every 5 
years for filterable PM and TRS for new, modified and reconstructed 
affected sources in subpart BBa. The EPA is also requiring initial and 
repeat performance testing for condensable PM to gather emissions data 
that will enable a broader understanding of condensable PM emissions 
from pulp and paper combustion sources. Mills must submit electronic 
copies of their performance test reports using the EPA's Electronic 
Reporting Tool (ERT). The EPA is also making certain technical and 
editorial changes, clarifying the location of applicable test methods 
in the Code of Federal Regulations (CFR), incorporating by reference 
two non-EPA test methods, and adding definitions pertinent to the 
requirements in subpart BBa.

C. Summary of Costs and Benefits

    Table 2 summarizes the total costs for all sources subject to this 
action and the total benefits of this action. See section VI of this 
preamble for further discussion.

[[Page 18955]]



 Table 2--Summary of the Costs and Benefits of Subpart BBa for New, Modified and Reconstructed Affected Sources
                                              at Kraft Pulp Mills.
----------------------------------------------------------------------------------------------------------------
                                                             Capital cost ($   Annual cost ($
                        Requirement                             thousand)         thousand)        Net benefit
----------------------------------------------------------------------------------------------------------------
Repeat emissions testing..................................              $186               $45               N/A
Monitoring................................................               341               129               N/A
Incremental reporting/recordkeeping.......................                50               215               N/A
                                                           -----------------------------------------------------
    Total nationwide......................................               577               390               N/A
----------------------------------------------------------------------------------------------------------------
Note: Totals may not sum exactly due to rounding.

II. General Information

A. Does this action apply to me?

    Categories and entities potentially regulated by this action 
include:

------------------------------------------------------------------------
                                  NAICS \1\     Examples of  regulated
            Category                 Code              entities
------------------------------------------------------------------------
Industry........................       3221  Kraft pulp mills.
Federal government..............  .........  Not affected.
State/local/tribal government...  .........  Not affected.
------------------------------------------------------------------------
\1\ North American Industry Classification System.

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be regulated by this 
action. To determine whether your facility would be regulated by this 
action, you should examine the applicability criteria in 40 CFR 
60.280a. If you have any questions regarding the applicability of this 
action to a particular entity, contact the person in the preceding FOR 
FURTHER INFORMATION CONTACT section.

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

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

C. Judicial Review

    Under section 307(b)(1) of the CAA, judicial review of this final 
action is available only by filing a petition for review in the United 
States Court of Appeals for the District of Columbia Circuit by June 3, 
2014. Under section 307(b)(2) of the CAA, the requirements established 
by these final rules may not be challenged separately in any civil or 
criminal proceedings brought by the EPA to enforce the requirements.
    Section 307(d)(7)(B) of the CAA further provides that ``[o]nly an 
objection to a rule or procedure which was raised with reasonable 
specificity during the period for public comment (including any public 
hearing) may be raised during judicial review.'' This section also 
provides a mechanism for us to convene a proceeding for 
reconsideration, ``[i]f the person raising an objection can demonstrate 
to the EPA that it was impracticable to raise such objection within 
[the period for public comment] or if the grounds for such objection 
arose after the period for public comment (but within the time 
specified for judicial review) and if such objection is of central 
relevance to the outcome of the rule.'' Any person seeking to make such 
a demonstration to us should submit a Petition for Reconsideration to 
the Office of the Administrator, U.S. EPA, Room 3000, William Jefferson 
Clinton Building, 1200 Pennsylvania Ave. NW., Washington, DC 20460, 
with a copy to both the person(s) listed in the preceding FOR FURTHER 
INFORMATION CONTACT section and the Associate General Counsel for the 
Air and Radiation Law Office, Office of General Counsel (Mail Code 
2344A), U.S. EPA, 1200 Pennsylvania Ave. NW., Washington, DC 20460.

III. Background

    New source performance standards implement CAA section 111, which 
requires that each NSPS reflect the degree of emission limitation 
achievable through the application of the BSER which (taking into 
consideration the cost of achieving such emission reductions, any non-
air quality health and environmental impact and energy requirements) 
the Administrator determines has been adequately demonstrated. This 
level of control is referred to as BSER and has been referred to in the 
past as ``best demonstrated technology'' or BDT. In assessing whether a 
standard is achievable, the EPA must account for routine operating 
variability associated with performance of the system on whose 
performance the standard is based. See National Lime Ass'n v. EPA, 627 
F. 2d 416, 431-33 (D.C. Cir. 1980). In addition to new sources, 
existing affected sources that are modified or reconstructed are also 
subject to this final rule.
    Section 111(b)(1)(B) of the CAA requires the EPA to periodically 
review and revise the standards of performance, as necessary, to 
reflect improvements in methods for reducing emissions. The original 
NSPS for Kraft Pulp Mills (40 CFR part 60, subpart BB) were promulgated 
in the Federal Register on February 23, 1978 (43 FR 7572). The first 
review of the kraft pulp mills NSPS was completed on May 20, 1986 (51 
FR 18544). The latest review of the Kraft Pulp Mills NSPS was proposed 
on May 23, 2013, under 40 CFR part 60, subpart BBa for emission units 
commencing construction, reconstruction or

[[Page 18956]]

modification after that date. This action finalizes this latest review, 
conducted pursuant to CAA section 111(b)(1)(B).

IV. Summary of the Final NSPS Review

A. What are the final rule requirements for kraft pulp mills?

1. Emission Limits
    The NSPS for Kraft Pulp Mills (40 CFR 60, subpart BB) applies for 
digester systems, BSW systems, multiple-effect evaporator systems, 
condensate stripper systems, recovery furnaces, SDTs and lime kilns for 
which construction, modification or reconstruction commenced after 
September 24, 1976, and on or before May 23, 2013. Through this final 
NSPS review, the EPA is promulgating a new 40 CFR part 60, subpart BBa 
containing emission limits for affected sources constructed, modified 
or reconstructed after May 23, 2013. In this final rule (40 CFR 60, 
subpart BBa), the EPA is:
     Reducing the NSPS filterable PM limit for new and 
reconstructed recovery furnaces from 0.044 gr/dscf (in subpart BB) to 
0.015 gr/dscf.
     Maintaining the current NSPS filterable PM limit of 0.044 
gr/dscf for modified recovery furnaces.
     Reducing the NSPS opacity limit for recovery furnaces from 
35-percent (in subpart BB) to 20-percent opacity, clarifying that the 
opacity limit does not apply where an ESP is used in combination with a 
wet scrubber, and reducing the monitoring allowance from 6 percent (in 
subpart BB) to 2 percent of the 6-minute opacity averages.
     Reducing the NSPS filterable PM limit for lime kilns from 
0.066 gr/dscf for gas-fired kilns and 0.13 gr/dscf for liquid-fired 
kilns (in subpart BB) to 0.064 gr/dscf for modified lime kilns (all 
fuel types) and 0.010 gr/dscf for new or reconstructed lime kilns (all 
fuel types).
     Adding a 20-percent opacity limit for lime kilns equipped 
with ESPs with a 1-percent monitoring allowance and clarifying that the 
limit does not apply where an ESP is used in combination with a wet 
scrubber.
     Reducing the NSPS filterable PM limit for new and 
reconstructed SDTs associated with new or reconstructed recovery 
furnaces from 0.2 lb/ton BLS (in subpart BB) to 0.12 lb/ton BLS.
     Maintaining the current NSPS filterable PM limit of 0.2 
lb/ton BLS for modified and new and reconstructed SDTs not associated 
with a new or reconstructed recovery furnace.
     Maintaining the current NSPS TRS limit for straight 
recovery furnaces at 5 parts per million by dry volume (ppmdv) and 
restricting the 1-percent monitoring allowance for TRS emissions to 30 
ppmdv or less. Previously, there was no maximum TRS limit for these 
periods in subpart BB.
     Maintaining the current NSPS TRS limit for cross recovery 
furnaces at 25 ppmdv and adding a 1-percent monitoring allowance for 
TRS emissions restricted to 50 ppmdv. Previously, there was no maximum 
TRS limit for these periods in subpart BB.
     Maintaining the current NSPS TRS standards for digester 
systems, BSW systems, evaporator systems and condensate stripper 
systems.
     Specifying that sources which comply with the subpart BBa 
TRS standards for digester systems, BSW systems, evaporator systems and 
condensate stripper systems by venting to a combustion device such as a 
lime kiln, recovery furnace, incinerator, or other device (e.g., a 
boiler) or a non-combustion device must collect gases in an LVHC or 
HVLC closed-vent system meeting the provisions of 40 CFR 63.450 of 
subpart S.
     Maintaining the current NSPS TRS limit for lime kilns at 8 
ppmdv and adding a 1-percent monitoring allowance restricted to 22 
ppmdv.
     Maintaining the current NSPS TRS limit for SDTs at 0.033 
lb/ton BLS.
    The PM concentration emission limits are in terms of filterable PM 
measured by EPA Method 5. The TRS emission limits are in terms of TRS 
(or TRS as H2S for SDTs) measured by EPA Method 16, 16A, 16B 
or 16C. Continuous monitoring of opacity is required for recovery 
furnaces and lime kilns that are not using wet scrubbers. Continuous 
monitoring of TRS emissions is required for recovery furnaces, lime 
kilns and other affected sources that comply with TRS concentration 
limits. This final rule states that the filterable PM and TRS standards 
apply at all times as specified in the monitoring and testing 
provisions in subpart BBa.
2. Parameter Monitoring Requirements
    The EPA reviewed the subpart BB parameter monitoring requirements 
and is making several changes within subpart BBa. First, the EPA is 
promulgating ESP parameter monitoring requirements for recovery 
furnaces and lime kilns equipped with ESPs to enable affected units to 
show continuous compliance with the filterable PM concentration 
standards at all times, including periods when the opacity monitoring 
allowance is used. The EPA is requiring that these sources monitor the 
secondary voltage and secondary current (or, alternatively, total 
secondary power) of each ESP collection field. These ESP parameter 
monitoring requirements are in addition to opacity monitoring for 
recovery furnaces and lime kilns equipped with ESPs alone.
    Second, the EPA is requiring wet scrubber parameter monitoring for 
recovery furnaces, SDTs and lime kilns equipped with wet scrubber 
systems (including combined ESP/scrubber systems). The parameter 
monitors will measure the wet scrubber pressure drop and scrubbing 
liquid flow rate (or scrubbing liquid supply pressure). Scrubber fan 
amperage monitoring is included in this final rule as an alternative to 
scrubber pressure drop monitoring for certain types of scrubbers used 
on SDTs (e.g., dynamic scrubbers that operate near atmospheric 
pressure).
    Third, for recovery furnaces and lime kilns equipped with an ESP in 
combination with a wet scrubber system, the EPA is requiring ESP and 
wet scrubber parameter monitoring in place of opacity monitoring.
    Also, subpart BBa specifies that parameters must be measured and 
recorded at least once every 15 minutes and reduced to 12-hour block 
averages, with two exceptions. When an opacity monitor is also used, 
the ESP parameters must be reduced to a semiannual average for use in 
the opacity monitoring allowance determination. The EPA is specifying a 
5-minute data recording frequency and 3-hour block averaging time for 
incinerator temperature measurements required under subpart BBa.
3. Testing Requirements
    As part of an ongoing effort to improve compliance with federal air 
emission regulations, the EPA reviewed the current filterable PM and 
TRS testing requirements of subpart BB and is including testing 
requirements for subpart BBa that are different from subpart BB in the 
following ways. First, although there is no emission limit for 
condensable PM in subpart BBa, the EPA is adding condensable PM to the 
list of pollutants to test to gather data to develop a broader 
understanding of condensable PM emissions from pulp and paper 
combustion sources. Second, the EPA is requiring repeat air emissions 
performance testing once every 5 years for facilities subject to NSPS 
subpart BBa. This final rule requires repeat air emissions testing for 
filterable PM, condensable PM and TRS once every 5 years for recovery 
furnaces, SDTs and lime kilns. Third, the EPA is including Method 16C 
as another alternative to Method 16 for measuring emissions of TRS from 
sources subject to the TRS standards in subpart BBa. Method 16C was not 
available at the time of the original NSPS and 1986 NSPS review. The 
method was

[[Page 18957]]

promulgated on July 30, 2012 (77 FR 44488). Fourth, the EPA is updating 
the method used to determine whether a kraft recovery furnace is a 
straight or cross recovery furnace to refer to the latest TAPPI Method 
T624 cm-11.
    As in subpart BB, emission testing for subpart BBa is to be 
performed under representative operating conditions. Section 60.8(c) of 
the NSPS General Provisions is replaced in 40 CFR 60.285a(a) with a 
similar paragraph that states that testing is to be conducted under 
representative conditions and not during periods of startup, shutdown 
or malfunction.
4. Reporting and Recordkeeping Requirements
    The existing subpart BB requires mills to keep records of TRS and 
opacity monitoring data along with scrubber and incinerator operating 
parameter data. The reporting requirements in the existing subpart BB 
include semiannual reports of performance tests and excess emissions as 
specified in 40 CFR 60.7(c).
    Reporting and recordkeeping requirements are being included as 
separate sections within subpart BBa. Under this final rule, owners/
operators subject to subpart BBa are required to keep records of all 
TRS and opacity monitoring data; all scrubber, incinerator and ESP 
operating parameter data; excess emissions; and malfunctions. A 
facility is required to report all exceedances of the standard, 
including exceedances that are the result of a malfunction. The 
malfunction recordkeeping requirements will provide pulp and paper 
companies with some of the information required to support the 
assertion of an affirmative defense in the event of a violation due to 
malfunction. In addition to the recordkeeping requirements specified in 
subpart BBa, 40 CFR 60.7(b) of the General Provisions requires records 
of the occurrence and duration of SSM events.
    Under this final rule, owners/operators are required to report all 
performance test results (including electronic copies, as specified in 
section IV.D below) and excess emissions. Sections 60.7(c)(2) and 
60.7(d) of the General Provisions require identification of periods of 
excess emissions that occur during SSM events. The frequency of 
reporting under subpart BBa is semiannually, the same as for subpart 
BB, and consistent with NESHAP requirements. Further, we are including 
a malfunction report to provide information on each type of malfunction 
which occurred during the reporting period and which caused or may have 
caused an exceedance of an emission limit.
5. Other Miscellaneous Differences Between Subpart BBa and Subpart BB
    The following lists additional, minor differences between the 
current subpart BB NSPS and the subpart BBa final rule. This list 
includes rule differences that address editorial and other corrections. 
The EPA:
     Revised 40 CFR 60.17 to incorporate by reference ANSI/ASME 
PTC 19.10-1981 and TAPPI T624 cm-11 for subpart BBa.
     Revised the definitions section in 40 CFR 60.281a to 
alphabetize definitions; remove paragraph numbers; remove the 
definition for black liquor oxidation (BLO) system; add definitions for 
affirmative defense, closed-vent system, condensable PM, filterable PM, 
HVLC closed-vent system, LVHC closed-vent system and monitoring system 
malfunction; and revise the definition for digester system to include 
chip bins using live steam.
     Revised the wording of the PM standard in 40 CFR 60.282a 
and 40 CFR 60.285a to clarify that the PM emission limits in 40 CFR 
60.282a and the Method 5 PM emission test in 40 CFR 60.285a refer to 
filterable PM, to avoid confusion with the inclusion of Method 202 
condensable PM testing.
     Revised the wording of the TRS standard in 40 CFR 
60.283a(a)(1) to clarify that only ``one of'' the conditions in 40 CFR 
60.283a(a)(1)(i) through (vi) needs to be met in lieu of the 5 ppmdv 
TRS limit for digester systems, BSW systems, evaporator systems and 
condensate stripper systems.
     Revised the monitoring provisions in 40 CFR 60.284a(a)(1) 
and (2) to cite Performance Specifications 1, 3 and 5 for opacity, 
O2 and TRS continuous monitoring systems, respectively, to 
conform with 40 CFR 60.284a(f).
     Revised the TRS monitoring provisions in 40 CFR 
60.284a(a)(2) to clarify that the range of the continuous monitoring 
system must encompass all expected concentration values, including the 
zero and span values used for calibration.
     Revised the monitoring provisions in 40 CFR 
60.284a(a)(2)(ii) to specify that the span of O2 monitoring 
systems is 21 percent instead of 25 percent, so that air can be used 
instead of a calibration gas in span checks.
     Revised the monitoring and recordkeeping provisions in 40 
CFR 60.284a(b)(1) and 40 CFR 60.287a(b)(3) to remove reference to BLO 
systems which were excluded from NSPS applicability during the 1986 
NSPS review.
     Revised the O2 correction equation in 40 CFR 
60.284a(c)(1)(iii) for TRS continuous emission monitoring system (CEMS) 
data to clarify that the concentration to be corrected is a ``12-hour 
average of the measured concentrations.''
     Revised the excess emissions and recordkeeping provisions 
in 40 CFR 60.284a(d)(3)(ii) and 40 CFR 60.287a(b)(3) relating to 
combustion temperature measurements to clarify that the provisions 
apply when an incinerator is used as the combustion device.
     Added provisions to 40 CFR 60.284a(d)(3)(iii) specifying 
that periods of excess emissions include all times when gases from 
digester systems, BSW systems, evaporator systems and condensate 
stripper systems are not routed through the closed-vent system.
     Revised the provisions in 40 CFR 60.284a(e)(1) to change 
the period for calculating the monitoring allowance from quarterly to 
semiannual.
     Revised the citations for the EPA test methods in 40 CFR 
60.285a to cite the specific appendices in parts 51 and 60 where the 
methods are located.
     Used ``must'' instead of ``shall'' throughout subpart BBa, 
consistent with plain language guidance.

B. What are the requirements during periods of startup, shutdown and 
malfunction?

1. Periods of Startup or Shutdown
    In reviewing the standards in subpart BB, and in establishing the 
standards in the new subpart BBa, the EPA has taken into account 
startup and shutdown periods and, for the reasons explained below, has 
not established alternate standards for those periods. Instead, the EPA 
is promulgating standards that apply at all times, including startup 
and shutdown periods. We analyzed continuous monitoring data and 
parametric methods for demonstrating continuous compliance and 
developed rule provisions pertaining to continuous monitoring that 
encompass or address startup and shutdown periods. These provisions 
include:
     Monitoring allowances that specify a certain number of 
exceedances that will not be considered as violations. These allowances 
were developed through review of TRS CEMS and continuous opacity 
monitoring system (COMS) datasets that included SSM periods, and are 
used in conjunction with ESP parameter monitoring (for opacity) and 
upper limits (for TRS) to ensure the emission standards are continuous. 
The PM standard is a

[[Page 18958]]

continuous standard that applies at all times.
     A provision for enforcement authorities to consider the 
uncorrected TRS concentration during periods of startup and shutdown if 
O2 levels in the stack approach ambient conditions where the 
O2 correction equation could cause an otherwise-compliant 
TRS measurement to exceed the applicable emission limit.
     For ESP parameter monitors, provisions that define excess 
emissions as ESP parameter measurements below the minimum requirements 
during times when BLS or lime mud is fired (as applicable).
     For ESP parameter monitors used on combined ESP/scrubber 
systems, language that allows facilities to use only secondary voltage 
(and not secondary current or total secondary power) to demonstrate 
compliance during periods of startup and shutdown because secondary 
current or the total secondary power calculated using secondary current 
may not meet the operating limit established during the performance 
test as BLS or lime mud is fired initially.
     For wet scrubber parameter monitors, language that allows 
facilities to use wet scrubber liquid flow rate (or liquid supply 
pressure) to demonstrate compliance during periods of startup and 
shutdown because pressure drop is difficult to achieve during these 
periods.
     For temperature monitors, a lengthened 3-hour block 
averaging time, and provisions that acknowledge that the minimum 
temperature of 1,200 [deg]F is not a requirement during periods when an 
incinerator is not burning TRS (e.g., during incinerator warm-up and 
cool-down or when an alternative control device is used).
    With the above monitoring provisions that address periods of 
startup and shutdown, the EPA concluded that alternative standards 
(e.g., work practices) during startup and shutdown are unnecessary. Two 
technical memoranda available in the docket for this action (EPA-HQ-
OAR-2012-0640) provide our analysis of monitoring systems during 
startup and shutdown for pulp and paper processes subject to subpart 
BBa.1 2 Additional clarifications relative to the final rule 
requirements during periods of startup and shutdown are provided in 
section V.C of this preamble.
---------------------------------------------------------------------------

    \1\ Updated Review of the Continuous Emission Monitoring and 
Continuous Opacity Monitoring Data from the Pulp and Paper ICR 
Responses for NSPS Sources.
    \2\ Review of Pulp and Paper Information Collection Request 
(ICR) Responses Pertaining to Startup and Shutdown of Subpart BB 
Equipment (March 22, 2013) (EPA-HQ-OAR-2012-0640-039 thru 045).
---------------------------------------------------------------------------

2. Periods of Malfunction
    Periods of startup, normal operations and shutdown are all 
predictable and routine aspects of a source's operation. However, by 
contrast, malfunction is defined as ``any sudden, infrequent, and not 
reasonably preventable failure of air pollution control equipment, 
process equipment, or a process to operate in a normal or usual manner. 
Failures that are caused in part by poor maintenance or careless 
operation are not malfunctions.'' (40 CFR 60.2) The EPA has determined 
that section 111 does not require that emissions occurring during 
periods of malfunction be factored into development of CAA section 111 
standards. Nothing in CAA section 111 or in case law requires that the 
EPA anticipate and account for the innumerable types of potential 
malfunction events in setting emission standards. CAA section 111 
provides that the EPA set standards of performance which reflect the 
degree of emission limitation achievable through ``the application of 
the best system of emission reduction'' that the EPA determines is 
adequately demonstrated. Applying the concept of ``the application of 
the best system of emission reduction'' to periods during which a 
source is malfunctioning presents difficulties. The ``application of 
the best system of emission reduction'' is more appropriately 
understood to include operating units in such a way as to avoid 
malfunctions.
    Further, accounting for malfunctions would be difficult, if not 
impossible, given the myriad different types of malfunctions that can 
occur across all sources in the category and given the difficulties 
associated with predicting or accounting for the frequency, degree and 
duration of various malfunctions that might occur. As such, the 
performance of units that are malfunctioning is not ``reasonably'' 
foreseeable. See, e.g., Sierra Club v. EPA, 167 F. 3d 658, 662 (D.C. 
Cir. 1999) (the EPA typically has wide latitude in determining the 
extent of data-gathering necessary to solve a problem. We generally 
defer to an agency's decision to proceed on the basis of imperfect 
scientific information, rather than to ``invest the resources to 
conduct the perfect study.''). See also, Weyerhaeuser v. Costle, 590 
F.2d 1011, 1058 (D.C. Cir. 1978) (``In the nature of things, no general 
limit, individual permit, or even any upset provision can anticipate 
all upset situations. After a certain point, the transgression of 
regulatory limits caused by `uncontrollable acts of third parties,' 
such as strikes, sabotage, operator intoxication or insanity, and a 
variety of other eventualities, must be a matter for the administrative 
exercise of case-by-case enforcement discretion, not for specification 
in advance by regulation.''). In addition, the goal of a ``source that 
uses the best system of emission reduction'' is to operate in such a 
way as to avoid malfunctions of the source, and accounting for 
malfunctions could lead to standards that are significantly less 
stringent than levels that are achieved by a well-performing non-
malfunctioning source. The EPA's approach to malfunctions is consistent 
with section 111 and is a reasonable interpretation of the statute.
    In the event that a source fails to comply with the applicable CAA 
section 111 standards as a result of a malfunction event, the EPA would 
determine an appropriate response based on, among other things, the 
good faith efforts of the source to minimize emissions during 
malfunction periods, including preventative and corrective actions, as 
well as root cause analyses to ascertain and rectify excess emissions. 
The EPA would also consider whether the source's failure to comply with 
the CAA section 111 standard was, in fact, ``sudden, infrequent, not 
reasonably preventable'' and was not instead ``caused in part by poor 
maintenance or careless operation.'' See 40 CFR 60.2 (definition of 
malfunction).
    Finally, the EPA recognizes that even equipment that is properly 
designed and maintained can sometimes fail and that such failure can 
sometimes cause an exceedance of the relevant emission standard. See, 
e.g., State Implementation Plans: Response to Petition for Rulemaking; 
Findings of Excess Emissions During Periods of Startup, Shutdown, and 
Malfunction; Proposed rule, 78 FR 12460 (Feb. 22, 2013); State 
Implementation Plans: Policy Regarding Excessive Emissions During 
Malfunctions, Startup, and Shutdown (Sept. 20, 1999); Policy on Excess 
Emissions During Startup, Shutdown, Maintenance, and Malfunctions (Feb. 
15, 1983). The EPA is, therefore, adding to the final rule an 
affirmative defense to civil penalties for violations of emission 
standards in this rule that are caused by malfunctions. (See 40 CFR 
60.281a defining ``affirmative defense'' to mean, in the context of an 
enforcement proceeding, a response or defense put forward by a 
defendant, regarding which the defendant has the burden of proof, and 
the merits of which are independently and objectively evaluated in a 
judicial or administrative proceeding.) We also

[[Page 18959]]

have added other regulatory provisions to specify the elements that are 
necessary to establish this affirmative defense; the source must prove 
by a preponderance of the evidence that it has met all of the elements 
set forth in 40 CFR 60.285a. (See 40 CFR 22.24.) The added criteria are 
designed in part to ensure that the affirmative defense is available 
only where the event that causes a violation of the emission standard 
meets the narrow definition of malfunction in 40 CFR 60.2 (sudden, 
infrequent, not reasonably preventable and not caused by poor 
maintenance or careless operation). For example, to successfully assert 
the added affirmative defense, the source must prove by a preponderance 
of the evidence that violation ``[w]as caused by a sudden, infrequent, 
and unavoidable failure of air pollution control, process equipment, or 
a process to operate in a normal or usual manner . . .'' The added 
criteria also are designed to ensure that steps are taken to correct 
the malfunction, to minimize emissions in accordance with 40 CFR 
60.11(d) and to prevent future malfunctions. For example, under the 
added criteria, the source must prove by a preponderance of the 
evidence that ``[r]epairs were made as expeditiously as possible when a 
violation occurred . . .'' and that ``[a]ll possible steps were taken 
to minimize the impact of the violation on ambient air quality, the 
environment and human health . . . .'' In any judicial or 
administrative proceeding, the Administrator may challenge the 
assertion of the affirmative defense and, if the respondent has not met 
its burden of proving all of the requirements in the affirmative 
defense, appropriate penalties may be assessed in accordance with 
section 113 of the CAA (see also 40 CFR 22.77).
    The EPA included in the final rule an affirmative defense in an 
attempt to balance a tension, inherent in many types of air regulation, 
to ensure adequate compliance while simultaneously recognizing that 
despite the most diligent of efforts, emission standards may be 
violated under circumstances beyond the control of the source. The EPA 
must establish emission standards that ``limit the quantity, rate, or 
concentration of emissions of air pollutants on a continuous basis.'' 
42 U.S.C. 7602(k) (defining ``emission limitation'' and ``emission 
standard''). See generally, Sierra Club v. EPA, 551 F.3d 1019, 1021 
(D.C. Cir. 2008). Thus, the EPA is required to ensure that emission 
standards are continuous. The affirmative defense for malfunction 
events meets this requirement by ensuring that even where there is a 
malfunction, the emission standard is still enforceable through 
injunctive relief. The United States Court of Appeals for the Fifth 
Circuit recently upheld the EPA's view that an affirmative defense 
provision is consistent with section 113(e) of the CAA. Luminant 
Generation Co. LLC v. United States EPA, 714 F.3d 841 (5th Cir. Mar. 
25, 2013) (upholding the EPA's approval of affirmative defense 
provisions in a CAA State Implementation Plan). While ``continuous'' 
standards are required, there is also case law indicating that in many 
situations it is appropriate for the EPA to account for the practical 
realities of technology. For example, in Essex Chemical v. Ruckelshaus, 
486 F.2d 427, 433 (D.C. Cir. 1973), the DC Circuit acknowledged that in 
setting standards under CAA section 111, ``variant provisions'' such as 
provisions allowing for upsets during startup, shutdown and equipment 
malfunction ``appear necessary to preserve the reasonableness of the 
standards as a whole and that the record does not support the `never to 
be exceeded' standard currently in force.'' See also, Portland Cement 
Association v. Ruckelshaus, 486 F.2d 375 (D.C. Cir. 1973). Though these 
earlier cases may no longer represent binding precedent in light of the 
CAA 1977 amendments and intervening case law such as Sierra Club v. 
EPA, they nevertheless support the EPA's view that a system that 
incorporates some level of flexibility is reasonable and appropriate. 
The affirmative defense simply provides for a defense to civil 
penalties for violations that are proven to be beyond the control of 
the source. Through the incorporation of an affirmative defense, the 
EPA has formalized its approach to malfunctions. In a Clean Water Act 
(CWA) setting, the Ninth Circuit required this type of formalized 
approach when regulating ``upsets beyond the control of the permit 
holder.'' Marathon Oil Co. v. EPA, 564 F.2d 1253, 1272-73 (9th Cir. 
1977). See also, Mont. Sulphur & Chem. Co. v. United States EPA, 666 
F.3d. 1174 (9th Cir. 2012) (rejecting industry argument that reliance 
on the affirmative defense was not adequate). But see, Weyerhaeuser Co. 
v. Costle, 590 F.2d 1011, 1057-58 (D.C. Cir. 1978) (holding that an 
informal approach is adequate). The final affirmative defense 
provisions give the EPA the flexibility to both ensure that its 
emission standards are ``continuous'' as required by 42 U.S.C. 7602(k), 
and account for unplanned upsets and thus support the reasonableness of 
the standard as a whole. The EPA is promulgating the affirmative 
defense applicable to malfunctions under the delegation of general 
regulatory authority set out in section 301(a)(1) of the CAA, 42 U.S.C. 
7601(a)(1), in order to balance this tension between provisions of the 
Act and the practical reality, as case law recognizes, that technology 
sometimes fails. See generally, Citizens to Save Spencer County v. U.S. 
Environmental Protection Agency, 600 F.2d 844, 873 (D.C. Cir. 1979) 
(using section 301(a) authority to harmonize inconsistent guidelines 
related to the implementation of federal preconstruction review 
requirements).

C. What are the effective and compliance dates of the standards?

    The provisions of subpart BBa being promulgated in this action are 
effective on April 4, 2014. Emission units that commence construction, 
reconstruction or modification after May 23, 2013, must comply with the 
provisions of subpart BBa by April 4, 2014 or upon startup, whichever 
is later.
    The initial performance test must be conducted within 60 days after 
achieving the maximum production rate at which the affected facility 
will be operated, but no later than 180 days after initial startup per 
40 CFR 60.8(a). The first of the 5-year repeat tests must be conducted 
no later than 5 years following the initial performance test, and 
thereafter within 5 years from the date of the previous performance 
test. The date to submit performance test data through ERT is within 60 
days after the date of completing each performance test.

D. What are the requirements for submission of performance test data to 
the EPA?

    For the reasons provided in the proposed rule preamble, in subpart 
BBa the EPA is requiring owners and operators of kraft pulp mills to 
submit electronic copies of required performance test and performance 
evaluation reports to the EPA's WebFIRE database. Data will be entered 
through an electronic emissions test report structure called the ERT. 
The ERT will generate an electronic report which will be submitted 
using the Compliance and Emissions Data Reporting Interface (CEDRI). 
The submitted report will be stored in both EPA's Central Data Exchange 
(CDX) archive (the official copy of record) and in the WebFIRE 
database, making access to data very straightforward and easy. A 
description and instructions for use of the ERT can be found at http://www.epa.gov/ttn/chief/ert/index.html,

[[Page 18960]]

and CEDRI can be accessed through the CDX Web site (www.epa.gov/cdx). A 
description of the WebFIRE database is available at: http://cfpub.epa.gov/oarweb/index.cfm?action=fire.main.
    The requirement to submit performance test data electronically to 
the EPA applies only to those performance tests conducted using test 
methods that are supported by the ERT.\3\ The ERT supports most of the 
commonly used EPA reference methods. A listing of the pollutants and 
test methods supported by the ERT is available at: http://www.epa.gov/ttn/chief/ert/index.html.
---------------------------------------------------------------------------

    \3\ As of March 2014, Methods 5, 17 and 202 are the test methods 
referenced in subpart BBa that are included in ERT. Methods 16, 16A, 
16B, and 16C for TRS measurement are not yet supported by ERT. 
However, Method 16 (and variant) testing conducted after Methods 16, 
16A, 16B, 16C are programmed into the ERT will be required to be 
reported electronically.
---------------------------------------------------------------------------

    As explained in the proposal preamble, in addition to supporting 
regulation development, control strategy development and other air 
pollution control activities, having an electronic database populated 
with performance test data will save industry, state, local, tribal 
agencies and the EPA significant time, money and effort while also 
improving the quality of emission inventories and air quality 
regulations.

V. Summary of Significant Changes Following Proposal

    The following sections summarize the significant changes made to 
subpart BBa for this final rule to respond to public comments and to 
correct technical inconsistencies or editorial errors in the proposal. 
A detailed discussion of these and other public comments can be found 
in the response-to-comments document, available in Docket ID Number 
EPA-HQ-OAR-2012-0640.\4\
---------------------------------------------------------------------------

    \4\ See the memorandum in the docket titled, Kraft Pulp Mills 
New Source Performance Review (40 CFR Part 60, Subpart BBa), Final 
Amendments: Response to Public Comments on May 23, 2013 Proposal.
---------------------------------------------------------------------------

A. TRS Vent Gas Collection

    The final subpart BBa rule, as proposed, allows sources to comply 
with the TRS standards for digester systems, BSW systems, evaporator 
systems and condensate stripper systems by venting emissions to a 
combustion device such as a lime kiln, recovery furnace, incinerator or 
other device (e.g., a boiler) or a non-combustion device. Industry 
commenters expressed concern that the proposed provisions were not 
consistent with the corresponding hazardous air pollutant (HAP) 
reduction provisions in subpart S which specify requirements for 
closed-vent collection systems. Separately, another commenter expressed 
concern that the use of contaminated flash steam during chip steaming 
can lead to the release of TRS compounds, volatile organic compounds 
(VOC) and HAPs and urged the EPA to ensure standards are in place to 
prevent release of emissions.
    In response to these concerns and to promote consistency with the 
subpart S requirements for closed-vent collection systems, we added 
provisions to this final rule requiring that sources collect and 
transport the vent gases through HVLC or LVHC closed-vent systems to 
incineration or other control devices, to match what is required under 
subpart S. We added definitions for ``closed-vent system,'' ``high-
volume, low-concentration (HVLC) closed-vent system,'' and ``low-
volume, high-concentration (LVHC) closed-vent system'' to this final 
rule to eliminate any conflicts with the subpart S excess emission 
allowances for closed-vent systems. We defined excess emissions as all 
times when gases are not routed through the closed-vent system. We also 
revised the definition for ``digester system'' to specifically include 
chip bins using live steam (flash steam) to clarify that these units 
are subject to regulation under subpart BBa as part of the digester 
system.
    Further, an industry commenter made the specific comment that, with 
the removal of the SSM exemption, there are no provisions in subpart 
BBa specifically addressing short periods of safety-related venting of 
gases from digester systems, brown stock washer systems, multiple-
effect evaporator systems or condensate stripper systems. According to 
the commenter, best available technology includes unavoidable periods 
when vent gases cannot be routed to the control device for safety 
reasons or when the control device is inoperable or necessarily 
operating at a reduced rate due to a malfunction. The subpart S excess 
emission allowances (see 40 CFR 63.443(e)(1)-(3)), currently address 
these types of excess emissions. The SSM exemption was previously 
removed from subpart S (77 FR 55698). The commenter noted that they 
provided more detail in previously submitted comments on subpart S 
which they attached for consideration. The commenter recommended that 
the EPA adopt the excess emission provisions in subpart S for digester, 
brown stock washer, evaporator and stripper systems covered by subpart 
BBa. We did not intend to propose a standard that removed the use of 
these allowances for NSPS units, creating a standard more stringent 
than the NESHAP. Therefore, we have added language in this final rule 
that recognizes the current subpart S excess emission provisions for 
closed-vent systems. (Further discussion of the EPA's anticipated 
review of the subpart S excess emission provisions is provided below.) 
These provisions define excess emissions as all times when gases are 
not routed through the closed-vent system. (See 40 CFR 60.284a(d).) We 
also addressed short periods of safety-related venting in 40 CFR 
60.284a(e), which provides limited allowances of 1 percent of 
semiannual operating time for LVHC systems, or 4 percent of semiannual 
operating time for HVLC or combined LVHC/HVLC systems. As long as these 
time periods are not exceeded, excess emissions associated with short 
periods of safety-related venting will not be considered in violation 
of the closed-vent system requirements added to 40 CFR 60.283a(a)(1)(i) 
through (iii) and (v). Affected facilities are required to maintain and 
operate with good air pollution control practice for minimizing 
emissions during periods of excess emissions (including during safety-
related venting), as specified in 40 CFR 60.284a(e)(2) of subpart BBa.
    We acknowledge that representatives of the pulp and paper industry 
have submitted a petition for reconsideration of the final 40 CFR part 
63, subpart S risk and technology (RTR) rule relating to safety-related 
venting of pulp mill vent gases.\5\ Additionally, in the subpart S RTR 
action (77 FR 55698) we deferred action on the review of the 40 CFR 
63.443(e) excess emission allowances. We have acted at this time to 
create consistency between subpart BBa and subpart S in how these 
episodes are handled. However, we note that, when the EPA reviews the 
subpart S excess emission allowances, we will consider whether actions 
that we take after conducting that subpart S review should result in 
revisions to the NSPS for kraft pulp mills. It should also be noted 
that the standards in subpart S apply to HAP emissions from a broad 
range of pulp mill sources and will be applicable to existing sources, 
while the subpart BBa TRS standards will apply only for the small 
subset of subpart S sources that are constructed, modified or 
reconstructed after May 23, 2013. Consequently, if the subpart S 
standards are amended to become more stringent

[[Page 18961]]

with respect to pulp mill safety-related venting, then those amended 
subpart S standards will apply equally to subpart BBa sources, because 
all subpart BBa sources (as well as all subpart BB sources and any 
sources subject to future revisions to the Kraft Pulp Mill NSPS) will 
also be subject to subpart S (including any revisions made to it in the 
future), regardless of when the next NSPS review to update subpart BBa 
is performed.
---------------------------------------------------------------------------

    \5\ Letter from P. Noe, AF&PA, to Lisa Jackson. Petition for 
Reconsideration of National Emission Standards for Hazardous Air 
Pollutants From the Pulp and Paper Industry; Final Rule, 77 FR 55698 
(Sept. 11, 2012).
---------------------------------------------------------------------------

B. Startup, Shutdown and Malfunction

    One commenter supported and multiple commenters objected to our 
proposal to remove the SSM exemption from the subpart BBa standards. 
The rationale for our removal of the SSM exemption was provided in the 
preamble to the proposed rule, is provided in section IV.B of this 
preamble, and is also discussed in the response-to-comments document 
\6\ along with a description of the revisions to the NSPS monitoring 
requirements made to ensure that the NSPS provisions remain achievable 
following removal of the SSM exemption.
---------------------------------------------------------------------------

    \6\ See the memorandum in the docket titled, Kraft Pulp Mills 
New Source Performance Review (40 CFR Part 60, Subpart BBa), Final 
Amendments: Response to Public Comments on May 23, 2013 Proposal.
---------------------------------------------------------------------------

    Multiple commenters expressed confusion regarding the provisions in 
the proposed rule briefly stating that the PM and TRS standards apply 
at all times (40 CFR 60.282a(b) and 40 CFR 60.283a(b), respectively). 
The comments revealed confusion regarding which paragraphs of the NSPS 
General Provisions relating to SSM are superseded by subpart BBa or 
remain applicable. In response to these comments, we revised 40 CFR 
60.282a(b) and 40 CFR 60.283a(b) to clarify that the standards apply at 
all times as specified in the monitoring and testing provisions of the 
rule (40 CFR 60.284a and 40 CFR 60.285a) and to clarify the 
relationship between the continuous standards and provisions for 
testing, monitoring and the monitoring allowances in subpart BBa. We 
also offer the following clarifications relative to the relationship 
between the General Provisions and subpart BBa:
     The definitions of SSM in 40 CFR 60.2 apply to subpart 
BBa.
     The requirement to maintain records of SSM periods and 
periods when continuous monitoring systems are inoperative under 40 CFR 
60.7(b) applies to subpart BBa.
     The requirements under 40 CFR 60.7(c)(2) to identify in 
the excess emissions report each period of excess emissions that occurs 
during SSM and the nature of any malfunction apply to subpart BBa.
     Inclusion of startup and shutdown in the summary report 
format provided in 40 CFR 60.7(d) applies for subpart BBa.
     The 40 CFR 60.11(c) exemption from the opacity standards 
during SSM is superseded for subpart BBa by 40 CFR 60.282a(c).
     The 40 CFR 60.11(d) requirement to use good air pollution 
control practices at all times including SSM applies to subpart BBa.
    Furthermore, we added a clarifying statement to 40 CFR 60.285a(a) 
to repeat only the portion of 40 CFR 60.8(c) that applies under subpart 
BBa (i.e., the requirement that performance tests be conducted under 
representative conditions applies). The SSM exemption phrase ``nor 
shall emissions in excess of the level of the applicable emission limit 
during periods of startup, shutdown and malfunction be considered a 
violation of the applicable emission limit unless otherwise specified 
in the applicable standard'' was eliminated from the revised wording of 
40 CFR 60.8(c) incorporated into subpart BBa in light of the DC 
Circuit's decision in Sierra Club v. EPA vacating the 40 CFR part 63 
SSM exemption provisions. The revised wording in 40 CFR 60.285a(a) of 
subpart BBa supersedes 40 CFR 60.8(c).

C. Opacity Monitoring

    One commenter questioned whether a source controlled by an ESP/
scrubber combination would be relieved from meeting the opacity 
requirements in this final rule. In response to this comment, we 
revised the opacity standards for recovery furnaces and lime kilns to 
clarify that units equipped with a combination ESP and wet scrubber 
system are not subject to the opacity standards, because opacity 
monitoring is not appropriate for these units. This does not create an 
exemption or a standard that does not apply at all times because 
continuous compliance with the filterable PM standards is demonstrated 
through ESP and wet scrubber parameter monitoring for combined ESP/
scrubber systems.

D. TRS and Oxygen Monitoring

    Measurements exceeding instrument span. Three commenters requested 
that the EPA clarify the procedure for reporting and treatment of 
uncorrected TRS concentrations that exceed the span value (30 ppmdv) 
for the TRS CEMS instrument. In response to these comments, we note 
that data above the instrument span have value and are required to be 
included in any CEMS hourly average or other long-term rolling average 
calculation; otherwise, facilities could inappropriately dismiss 
noncompliant values as invalid data. Consequently, we added language to 
the final rule to clarify that the range of the continuous monitoring 
system must encompass all expected concentration values, including the 
zero and span values used for calibration.
    Recovery furnace upper limit. One commenter argued that it was 
inappropriate for the EPA to use data from straight recovery furnaces 
to establish the TRS monitoring allowance upper limit for cross 
recovery furnaces. In response to this comment, we revised this final 
rule to clarify that the 1-percent allowance, restricted to 30 ppmdv, 
applies to TRS emissions from straight recovery furnaces. The cross 
recovery furnace TRS emission limit is higher than the straight 
recovery TRS limit for three technical reasons. First, the sulfur 
content of the semichemical liquor is higher than traditional kraft 
liquor. Second, the heat content of the liquor is lower because it 
contains less organic material than kraft liquor due to higher pulping 
yields. Third, the heavier sulfur loading and the lower operating 
temperature puts a restriction on the amount of excess O2 
available to oxidize the sulfur compounds. Because we do not have 
continuous monitoring data for cross recovery furnaces to analyze (with 
no known cross recovery furnaces subject to NSPS at this time), we are 
setting the upper TRS limit for cross recovery furnaces at the 
instrument span of 50 ppmdv for these units. This upper limit can be 
reevaluated during the next NSPS review should data become available 
for cross recovery furnaces subject to NSPS in the future.

E. Temperature Monitoring

    One commenter recommended that the temperature monitoring 
requirement should only apply when TRS control is achieved in a stand-
alone incinerator and requested that the EPA make this clarification in 
this final rule. The commenter noted that temperature monitoring is not 
required in subpart S for boilers, lime kilns and recovery furnaces 
that combust pulping vent gases because these units normally operate at 
temperatures higher than 1,200[emsp14][deg]F. We revised the relevant 
provisions of subpart BBa to clarify that combustion temperature 
monitoring is required only when an incinerator is used as the 
combustion device in response to this comment.

[[Page 18962]]

F. ESP Parameter Monitoring

    Two commenters requested that the EPA add total secondary power as 
an alternative to monitoring ESP secondary voltage and secondary 
current for recovery furnace ESPs to be consistent with the monitoring 
alternative provided in the proposed rule for lime kiln ESPs. We made 
the conforming edits requested to clarify our intent, as proposed, that 
monitoring of total secondary power is an alternative for recovery 
furnace ESPs.
    Another commenter requested that the EPA use only ESP secondary 
voltage monitoring to determine compliance during periods of startup 
and shutdown for combined ESP/scrubber control systems. The commenter 
explained that the first 12-hour block average ESP secondary current 
(or total secondary power) may not be within the range achieved during 
the last performance test, as firing of BLS or lime mud increases or 
decreases during startup or shutdown, but the ESP would still be 
operating optimally using its automated power management system. The 
commenter requested that the EPA exclude from the definition of excess 
emissions all 12-hour average measurements of secondary current (or 
total secondary power) during startup and shutdown that are less than 
the site-specific operating parameter limits, as it has done for 
scrubber pressure drop. We agree with the commenter that secondary 
current (or total secondary power) can vary during startup and 
shutdown. We changed the definition of ESP-related excess emissions for 
combined ESP/scrubber controls in 40 CFR 60.284a(d)(5) in response to 
this comment to include all 12-hour block averages of ESP secondary 
voltage below the minimum operating limit at all times (including 
startup and shutdown), and 12-hour block averages of secondary current 
(or total secondary power) below the minimum operating limit at all 
times except during startup and shutdown. The rule changes make the 
startup/shutdown accommodations for ESPs comparable to the parameter 
monitoring requirements for wet scrubbers during startup and shutdown. 
This definitional change does not apply for ESP systems that have 
longer averaging periods in conjunction with an opacity limit. For 
further discussion, see the response-to-comments document found in the 
docket.

G. Averaging Period for Determining Monitoring Allowances

    In response to our request for comment on whether a quarterly or 
semiannual period would be more appropriate for calculation of the 
monitoring allowances in 40 CFR 60.284a(e), multiple commenters 
supported a semiannual period. One state agency commenter specifically 
supported changing the ESP parameter averaging period from quarterly to 
semiannually when an opacity monitor is also used on the ESP. The 
commenter also supported using a semiannual instead of a quarterly 
basis for determining the TRS and opacity monitoring allowances. In 
response to these comments and consistent with the semiannual reporting 
frequency for subpart BBa, we revised the period for calculating the 
opacity and TRS monitoring allowances from quarterly to semiannually. 
We made a corresponding change to a semiannual basis for the ESP 
parameter averaging period for ESPs that also monitor opacity.

H. Other Miscellaneous Changes

    A few additional changes were made to the proposed rule either as a 
result of public comments, to correct references or to ensure 
conformity among the various rule sections. These changes are described 
below.
    BLO systems. One commenter asked that the EPA remove outdated 
references to BLO systems from the rule because subpart BBa does not 
contain any specific requirements for these systems. We agree with this 
editorial change and removed the definition of ``black liquor oxidation 
system'' and other inadvertently remaining references to BLO systems 
from this final rule. The 1986 review of the kraft pulp mills NSPS 
removed the BLO system from the list of regulated emission units.
    Testing frequency. One commenter requested that the EPA revise the 
repeat testing frequency from once every 60 months to once every 5 
years to provide maximum operational flexibility. In particular, the 
requested change would make clear that the repeat testing could be done 
at any point during the fifth calendar year (which is consistent with 
the requirements for CAA title V permitting) as opposed to requiring 
testing to be done during the 60th month. We agree with the commenter 
and revised the testing provisions of this final rule accordingly.
    Performance specifications. In the proposed rule, we specified that 
sources must install, certify and operate their opacity and TRS 
continuous monitoring systems in accordance with Performance 
Specifications 1 and 5, respectively, in Appendix B to 40 CFR part 60. 
To correct an oversight, we added a citation to this final rule for 
Performance Specification 3 for the O2 continuous monitoring 
system used to correct the TRS CEMS data for O2 
concentration.
    Incorporation by reference. In reviewing the testing provisions in 
subpart BBa for the final rule, we noted that the test method for 
determining whether a kraft recovery furnace is a straight or cross 
recovery furnace, which is cited in this final rule and incorporated by 
reference in 40 CFR 60.17 as TAPPI T624 os-68, is out-of-date, as is 
the address for obtaining a copy of the method. We updated the testing 
provisions in this final rule and the IBR provisions in 40 CFR 60.17 to 
cite the latest version of the method-- TAPPI T624 cm-11. We also 
updated 40 CFR 60.17 to cite the current address for obtaining a copy 
of the method.

VI. Summary of Cost, Environmental, Energy and Economic Impacts

    In setting standards, the CAA requires us to consider alternative 
emission control approaches, taking into account the estimated costs as 
well as impacts on energy, solid waste and other effects.
    The EPA presented estimates of the impacts for subpart BBa, which 
revises the performance standards for new, modified or reconstructed 
emission units at kraft pulp mills, in the preamble to the proposed 
rule and in the docket for this rulemaking. (See 78 FR 31331-31332, and 
the memorandum, Emissions Inventory for Kraft Pulp Mills and Costs/
Impacts of the Section 111(b) Review of the Kraft Pulp Mills NSPS.) 
These impact estimates have not changed since proposal because we have 
not changed any rule requirements in a way that would alter the 
projected number of affected facilities or costs of compliance. While 
we added language to subpart BBa to clarify that TRS emissions from 
new, modified or reconstructed pulping emission sources must be 
delivered to incineration or other controls through a closed-vent 
collection system as required under 40 CFR 63.450 of subpart S, there 
is no incremental cost associated with this requirement in subpart BBa 
because the closed-vent collection system standards are already 
required for new and existing sources under subpart S.
    The EPA estimates that the total increase in nationwide annual cost 
associated with this final rule is $389,900 for all of the emission 
units projected to be constructed, modified or reconstructed between 
2013 and 2018. Costs are based on the third quarter of 2012. The 
impacts are expressed as incremental differences between the impacts of 
emission units complying with subpart BBa and the baseline (e.g.,

[[Page 18963]]

NSPS subpart BB or NESHAP subpart MM) requirements for these sources. 
The impacts represent emission units at kraft pulp mills projected to 
commence construction, reconstruction or modification over the 5 years 
following May 23, 2013. No additional control devices or other 
equipment are expected to be needed to meet the NSPS requirements 
beyond those that would already be installed to meet the baseline 
requirements for these emission units. Thus, no emission reductions, 
energy impacts or secondary air emission impacts are expected to result 
from this final rule.
    This final action is not expected to induce measurable changes in 
the average national price and production of pulp and paper products. 
Hence, the overall economic impact of this NSPS should be minimal on 
the affected industries and their consumers. For more information, 
please refer to the memorandum, Economic Impact Analysis for the 
Section 111(b) Review of the Kraft Pulp Mills New Source Performance 
Standards Subpart BB, in the docket for this rulemaking.

VII. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is not a ``significant regulatory action'' under the 
terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is, 
therefore, not subject to review under Executive Orders 12866 and 13563 
(76 FR 3821, January 21, 2011).
    The EPA prepared an analysis of the potential costs and benefits 
associated with this action. This analysis is contained in the 
memorandum, Economic Impact Analysis for the Section 111(b) Review of 
the Kraft Pulp Mills New Source Performance Standards Subpart BB. A 
copy of the analysis is available in the docket for this action.

B. Paperwork Reduction Act

    The information collection requirements in this final rule have 
been submitted for approval to the Office of Management and Budget 
(OMB) under the Paperwork Reduction Act, 44 U.S.C. 3501, et seq. The 
information collection requirements are not enforceable until OMB 
approves them.
    These revisions to the NSPS for Kraft Pulp Mills for future 
affected sources include different emission limits and continuous 
monitoring requirements and additional performance testing from what is 
in subpart BB. The additional performance testing requirements for 
recovery furnaces, SDTs and lime kilns include initial testing for 
condensable PM and 5-year repeat testing for filterable PM, condensable 
PM and TRS. The monitoring requirements include a different opacity 
limit and monitoring allowance for recovery furnaces, restriction of 
the monitoring allowances for TRS to an upper concentration limit, 
continuous opacity monitoring for lime kilns equipped with ESPs and 
continuous ESP parameter monitoring for recovery furnaces and lime 
kilns equipped with ESPs. These testing and monitoring requirements are 
in addition to the initial performance testing and continuous 
monitoring requirements described in section IV.A of this preamble, 
which are required under the current subpart BB.
    The recordkeeping and reporting requirements associated with these 
testing and monitoring provisions are specifically authorized by CAA 
section 114 (42 U.S.C. 7414). All information submitted to the EPA 
pursuant to the recordkeeping and reporting requirements for which a 
claim of confidentiality is made is safeguarded according to the EPA 
policies set forth in 40 CFR part 2, subpart B.
    When a malfunction occurs, sources must report it according to the 
applicable reporting requirements of 40 CFR part 60, subpart BBa. An 
affirmative defense to civil penalties for violations of emission 
standards that are caused by malfunctions is available to a source if 
it can demonstrate that certain criteria and requirements are 
satisfied. In addition, the source must meet certain notification and 
reporting requirements. For example, the source must prepare a written 
root cause analysis and submit a written report to the Administrator 
documenting that it has met the conditions and requirements for 
assertion of the affirmative defense.
    For this final rule, the EPA is considering the affirmative defense 
in its estimate of burden in the information collection request (ICR). 
To provide the public with an estimate of the relative magnitude of the 
burden associated with an assertion of the affirmative defense position 
adopted by a source, the EPA has provided administrative adjustments to 
the ICR that shows what the notification, recordkeeping and reporting 
requirements associated with the assertion of the affirmative defense 
might entail. The EPA's estimate for the required notification, reports 
and records, including the root cause analysis associated with a single 
incident totals approximately $3,375, and is based on the time and 
effort required of a source to review relevant data, interview plant 
employees and document the events surrounding a malfunction that has 
caused a violation of an emission limit. The estimate also includes 
time to produce and retain the records and reports for submission to 
the EPA.
    The EPA provides this illustrative estimate of this burden because 
these costs are only incurred if there has been a violation and a 
source chooses to take advantage of the affirmative defense. Given the 
variety of circumstances under which malfunctions could occur, as well 
as differences among sources' operation and maintenance practices, the 
EPA cannot reliably predict the severity and frequency of malfunction-
related excess emission events for a particular source. It is important 
to note that the EPA has no basis currently for estimating the number 
of malfunctions that would qualify for an affirmative defense. Current 
historical records would be an inappropriate basis, as source owners or 
operators previously operated their facilities in recognition that they 
were exempt from the requirement to comply with emission standards 
during malfunctions. Of the number of violation events reported by 
source operators, only a small number would be expected to result from 
a malfunction (based on the definition of a malfunction in 40 CFR 
60.2), and only a subset of violations caused by malfunctions would 
result in the source choosing to assert the affirmative defense. Thus, 
the EPA believes the number of instances in which source operators 
might be expected to avail themselves of the affirmative defense will 
be extremely small.
    For this reason, the EPA estimates no more than two such 
occurrences for all sources subject to 40 CFR part 60, subpart BBa over 
the 3-year period covered by the ICR. The EPA expects to gather 
information on such events in the future and will revise this estimate 
as better information becomes available.
    The annual burden for this information collection averaged over the 
first 3 years of this ICR is estimated to total 1,905 labor-hours per 
year at a cost of $186,324/yr. The annualized capital costs are 
estimated at $411,300/yr. The annual operating and maintenance (O&M) 
costs are $155,880/yr. The total annualized capital and O&M costs are 
$567,180/yr. Burden is defined in 5 CFR 1320.3(b).
    An agency may not conduct or sponsor, and a person is not required 
to respond to, a collection of information unless it displays a 
currently valid OMB control number. The OMB control

[[Page 18964]]

numbers for the EPA's regulations in 40 CFR are listed in 40 CFR part 
9. When this ICR is approved by OMB, the agency will publish a 
technical amendment to 40 CFR part 9 in the Federal Register to display 
the OMB control number for the approved information collection 
requirements contained in this final rule.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act generally requires an agency to 
prepare a regulatory flexibility analysis of any rule subject to 
notice-and-comment rulemaking requirements under the Administrative 
Procedure Act or any other statute unless the agency certifies that 
this rule will not have a significant economic impact on a substantial 
number of small entities. Small entities include small businesses, 
small organizations and small governmental jurisdictions.
    For purposes of assessing the impacts of this final rule on small 
entities, small entity is defined as: (1) A small business as defined 
by the Small Business Administration's regulations at 13 CFR 121.201; 
(2) a small governmental jurisdiction that is a government of a city, 
county, town, school district or special district with a population of 
less than 50,000; and (3) a small organization that is any not-for-
profit enterprise which is independently owned and operated and is not 
dominant in its field.
    After considering the economic impacts of this final rule on small 
entities, I certify that this action will not have a significant 
economic impact on a substantial number of small entities. This 
certification is based on the economic impact of this action to all 
affected small entities. Only two small entities may be impacted by 
this final rule. The EPA estimates that all affected small entities 
will have annualized costs of less than 0.1 percent of their sales. 
Thus, the EPA concludes that this final rule will not have a 
significant economic impact on a substantial number of small entities.
    For more information on the small entity impacts associated with 
this rule, please refer to the memorandum, Economic Impact Analysis for 
the Section 111(b) Review of the Kraft Pulp Mills New Source 
Performance Standards Subpart BB, in the public docket. Although this 
final rule will not have a significant economic impact on a substantial 
number of small entities, the EPA nonetheless tried to reduce the 
impact of this final rule on small entities. When developing these 
standards, the EPA took special steps to ensure that the burdens 
imposed on small entities were minimal. The EPA conducted several 
meetings with the industry trade association to discuss regulatory 
options and the corresponding burden on industry, such as recordkeeping 
and reporting and impacts on existing sources that are modified.

D. Unfunded Mandates Reform Act

    This final rule does not contain a federal mandate that may result 
in expenditures of $100 million or more for state, local and tribal 
governments, in the aggregate, or to the private sector in any one 
year. This final rule is not expected to impact state, local or tribal 
governments. The nationwide annualized cost of this final rule for 
affected industrial sources is estimated to be $389,900/yr. Thus, this 
final rule is not subject to the requirements of sections 202 and 205 
of the Unfunded Mandates Reform Act (UMRA).
    This final rule is also not subject to the requirements of section 
203 of UMRA because it contains no regulatory requirements that might 
significantly or uniquely affect small governments. This final rule 
will not apply to such governments and will not impose any obligations 
upon them.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have 
substantial direct effects on the states, on the relationship between 
the national government and the states or on the distribution of power 
and responsibilities among the various levels of government, as 
specified in Executive Order 13132. None of the facilities subject to 
this action are owned or operated by state governments, and nothing in 
this final rule will supersede state regulations. Thus, Executive Order 
13132 does not apply to this rule.

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

    This action does not have tribal implications, as specified in 
Executive Order 13175 (65 FR 67249, November 9, 2000). It will not have 
substantial direct effects on tribal governments, on the relationship 
between the federal government and Indian tribes or on the distribution 
of power and responsibilities between the federal government and Indian 
tribes, as specified in Executive Order 13175. This final rule imposes 
requirements on owners and operators of kraft pulp mills and not tribal 
governments. The EPA does not know of any kraft pulp mills owned or 
operated by Indian tribal governments. However, if there are any, the 
effect of this rule on communities of tribal governments would not be 
unique or disproportionate to the effect on other communities. Thus, 
Executive Order 13175 does not apply to this action.

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

    The EPA interprets Executive Order 13045 (62 FR 19885, April 22, 
1997) as applying to those regulatory actions that concern health or 
safety risks, such that the analysis required under section 5-501 of 
the Executive Order has the potential to influence the regulation. This 
action is not subject to Executive Order 13045 because it is based 
solely on an analysis of the degree of emission reduction that is 
achievable through the application of the best system of emissions 
reduction, as provided in CAA section 111.

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

    This action is not subject to Executive Order 13211 (66 FR 28355, 
May 22, 2001), because it is not a significant regulatory action under 
Executive Order 12866.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act (NTTAA) of 1995, Public Law 104-113 (15 U.S.C. 272 note), directs 
the EPA to use voluntary consensus standards (VCS) in its regulatory 
activities unless to do so would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., materials specifications, test methods, sampling 
procedures, business practices) that are developed or adopted by VCS 
bodies. The NTTAA directs the EPA to provide Congress, through OMB, 
explanations when the agency decides not to use available and 
applicable VCS.
    This rulemaking involves technical standards. The EPA has decided 
to use one VCS in this rulemaking. The VCS, ASME PTC 19.10-1981, ``Flue 
and Exhaust Gas Analyses,'' is cited in this rule for its manual method 
of measuring the content of the exhaust gas as an acceptable 
alternative to EPA Method 3B of 40 CFR part 60, appendix A-2. This 
standard is available at http://www.asme.org or by mail at the American 
Society of Mechanical Engineers (ASME), Two Park Avenue, New York, NY 
10016-5990.

[[Page 18965]]

    The EPA has identified two other VCS as being potentially 
applicable to this final rule. The first, ASTM D7520-09, is an 
alternative to Method 9 (see part 60, appendix A-4 for a description of 
Method 9). This final rule currently provides the use of COMS as an 
alternative to Method 9; therefore, the EPA has decided not to use ASTM 
D7520-09 in this rulemaking. The second, ANSI/ASME PTC 19-10-1981-Part 
10, is an alternative to Method 16A (see part 60, appendix A-6 for a 
description of Method 16A). The EPA is incorporating this VCS as an 
alternative to Method 3B above, but is not incorporating it as an 
alternative to Method 16A because it is an alternative for only the 
manual portion and not the instrumental portion of Method 16A, and 
sources are already allowed four EPA methods for measuring TRS (Methods 
16, 16A, 16B and 16C). See the docket for this rule for the reasons for 
these determinations.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    Executive Order 12898 (59 FR 7629, February 16, 1994) establishes 
federal executive policy on environmental justice. Its main provision 
directs federal agencies, to the greatest extent practicable and 
permitted by law, to make environmental justice part of their mission 
by identifying and addressing, as appropriate, disproportionately high 
and adverse human health or environmental effects of their programs, 
policies and activities on minority populations and low-income 
populations in the United States.
    The EPA has concluded that it is not practicable to determine 
whether there would be disproportionately high and adverse human health 
or environmental effects on minority, low income or indigenous 
populations from this final rule as it is unknown where new facilities 
will be located and the EPA does not expect new facilities to be built. 
However, the agency has reviewed the areas surrounding all existing 
kraft pulp mills to determine if there is an overrepresentation of 
minority, low income or indigenous populations near the sources, such 
that they may currently face disproportionate risks from pollutants.
    To gain a better understanding of the source category and near 
source populations, the EPA conducted a demographic analysis on the 
source category for this rulemaking. This analysis only gives some 
indication of the prevalence of subpopulations that may be exposed to 
air pollution from the sources and, therefore, would be those 
populations that may be expected to benefit most from this regulation; 
it does not identify the demographic characteristics of the most highly 
affected individuals or communities, nor does it quantify the level of 
risk faced by those individuals or communities. The data show that most 
demographic categories were below or within 20 percent of their 
corresponding national averages except for the African American 
population percentage within three miles of any source potentially 
affected by this rulemaking. This segment of the population exceeds the 
national average by 5 percentage points (18 percent v. 13 percent), or 
plus 38 percent. There is no indication that this segment of the 
population faces an unacceptable risk from emissions from these 
sources. However, the additional information that will be collected 
from the increase in testing requirements with this rule is expected to 
better inform the agency of the emissions associated with this source 
category. This will ensure better compliance with this final rule and 
will result in this rule being more protective of human health. The 
demographic analysis results and the details concerning their 
development are presented in the September 18, 2012, memorandum titled, 
Environmental Justice Review: Kraft Pulp Mills NSPS, a copy of which is 
available in the docket for this action (EPA-HQ-OAR-2012-0640).

K. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801, et seq., as added by 
the Small Business Regulatory Enforcement Fairness Act of 1996, 
generally provides that, before a rule may take effect, the agency 
promulgating the rule must submit a rule report, which includes a copy 
of the rule, to each House of the Congress and to the Comptroller 
General of the United States. The EPA will submit a report containing 
this final rule and other required information to the U.S. Senate, the 
U.S. House of Representatives and the Comptroller General of the United 
States prior to publication of this final rule in the Federal Register. 
A major rule cannot take effect until 60 days after it is published in 
the Federal Register. This action is not a ``major rule'' as defined by 
5 U.S.C. 804(2). This final rule will be effective on April 4, 2014.

List of Subjects in 40 CFR Part 60

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

    Dated: March 14, 2014.
Gina McCarthy,
Administrator.
    As described in the preamble above, the EPA amends 40 CFR part 60 
as follows:

PART 60--STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES

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

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

Subpart A--[Amended]

0
2. Section 60.17 is amended by:
0
a. Revising paragraph (f) introductory text,
0
b. Revising paragraph (f)(14),
0
c. Revising paragraph (o) introductory text, and
0
d. Revising paragraph (o)(1).
    The amendments read as follows:


Sec.  60.17  Incorporations by reference.

* * * * *
    (f) The following material is available for purchase from the 
American Society of Mechanical Engineers (ASME), Two Park Avenue, New 
York, NY 10016-5990, Telephone (800) 843-2763, and is also available at 
the following Web site: http://www.asme.org. * * * * *
    (14) ASME/ANSI PTC 19.10-1981, Flue and Exhaust Gas Analyses [Part 
10, Instruments and Apparatus], (Issued August 31, 1981), IBR approved 
for Sec. Sec.  60.56c(b), 60.63(f), 60.106(e), 60.104a(d), (h), (i), 
and (j), 60.105a(d), (f), and (g), Sec.  60.106a(a), Sec.  60.107a(a), 
(c), and (d), tables 1 and 3 to subpart EEEE, tables 2 and 4 to subpart 
FFFF, table 2 to subpart JJJJ, Sec.  60.285a(f), Sec. Sec.  60.4415(a), 
60.2145(s) and (t), 60.2710(s) (t), and (w), 60.2730(q), 60.4900(b), 
60.5220(b), tables 1 and 2 to subpart LLLL, tables 2 and 3 to subpart 
MMMM, Sec. Sec.  60.5406(c) and 60.5413(b).
* * * * *
    (o) The following material is available for purchase from the 
Technical Association of the Pulp and Paper Industry (TAPPI), 15 
Technology Parkway South, Suite 115, Peachtree Corners, GA 30092, 
Telephone (800) 332-8686, and is also available at the following Web 
site: http://www.tappi.org.
    (1) TAPPI Method T 624 cm-11, (Copyright 2011), IBR approved, for 
Sec. Sec.  60.285(d) and 60.285a(d).
* * * * *

0
3. Section 60.280 is amended by revising paragraph (b) to read as 
follows:

[[Page 18966]]

Sec.  60.280  Applicability and designation of affected facility.

* * * * *
    (b) Except as noted in Sec.  60.283(a)(1)(iv), any facility under 
paragraph (a) of this section that commences construction, 
reconstruction, or modification after September 24, 1976, and on or 
before May 23, 2013 is subject to the requirements of this subpart. Any 
facility under paragraph (a) of this section that commences 
construction, reconstruction, or modification after May 23, 2013 is 
subject to the requirements of subpart BBa of this part.

0
4. Add subpart BBa to read as follows:
Subpart BBa--Standards of Performance for Kraft Pulp Mill Affected 
Sources for Which Construction, Reconstruction, or Modification 
Commenced After May 23, 2013
Sec.
60.280a Applicability and designation of affected facility.
60.281a Definitions.
60.282a Standard for filterable particulate matter.
60.283a Standard for total reduced sulfur (TRS).
60.284a Monitoring of emissions and operations.
60.285a Test methods and procedures.
60.286a Affirmative defense for violations of emission standards 
during malfunction.
60.287a Recordkeeping.
60.288a Reporting.

Subpart BBa--Standards of Performance for Kraft Pulp Mill Affected 
Sources for Which Construction, Reconstruction, or Modification 
Commenced After May 23, 2013


Sec.  60.280a  Applicability and designation of affected facility.

    (a) The provisions of this subpart are applicable to the following 
affected facilities in kraft pulp mills: digester system, brown stock 
washer system, multiple-effect evaporator system, recovery furnace, 
smelt dissolving tank, lime kiln and condensate stripper system. In 
pulp mills where kraft pulping is combined with neutral sulfite 
semichemical pulping, the provisions of this subpart are applicable 
when any portion of the material charged to an affected facility is 
produced by the kraft pulping operation.
    (b) Except as noted in Sec.  60.283a(a)(1)(iv), any facility under 
paragraph (a) of this section that commences construction, 
reconstruction or modification after May 23, 2013, is subject to the 
requirements of this subpart. Any facility under paragraph (a) of this 
section that commenced construction, reconstruction, or modification 
after September 24, 1976, and on or before May 23, 2013 is subject to 
the requirements of subpart BB of this part.


Sec.  60.281a  Definitions.

    As used in this subpart, all terms not defined herein must have the 
same meaning given them in the Act and in subpart A.
    Affirmative defense means, in the context of an enforcement 
proceeding, a response or defense put forward by a defendant, regarding 
which the defendant has the burden of proof, and the merits of which 
are independently and objectively evaluated in a judicial or 
administrative proceeding.
    Black liquor solids (BLS) means the dry weight of the solids which 
enter the recovery furnace in the black liquor.
    Brown stock washer system means brown stock washers and associated 
knotters, vacuum pumps, and filtrate tanks used to wash the pulp 
following the digester system. Diffusion washers are excluded from this 
definition.
    Closed-vent system means a system that is not open to the 
atmosphere and is composed of piping, ductwork, connections, and, if 
necessary, flow-inducing devices that transport gas or vapor from an 
emission point to a control device.
    Condensable particulate matter, for purposes of this subpart, means 
particulate matter (PM) measured by EPA Method 202 of Appendix M of 40 
CFR part 51 that is vapor phase at stack conditions, but condenses and/
or reacts upon cooling and dilution in the ambient air to form solid or 
liquid PM immediately after discharge from the stack.
    Condensate stripper system means a column, and associated 
condensers, used to strip, with air or steam, total reduced sulfur 
(TRS) compounds from condensate streams from various processes within a 
kraft pulp mill.
    Cross recovery furnace means a furnace used to recover chemicals 
consisting primarily of sodium and sulfur compounds by burning black 
liquor which on a quarterly basis contains more than 7 weight percent 
of the total pulp solids from the neutral sulfite semichemical process 
and has a green liquor sulfidity of more than 28 percent.
    Digester system means each continuous digester or each batch 
digester used for the cooking of wood in white liquor, and associated 
flash tank(s), blow tank(s), chip steamer(s) including chip bins using 
live steam, and condenser(s).
    Filterable particulate matter, for purposes of this subpart, means 
particulate matter measured by EPA Method 5 of Appendix A-3 of this 
part.
    Green liquor sulfidity means the sulfidity of the liquor which 
leaves the smelt dissolving tank.
    High volume, low concentration (HVLC) closed-vent system means the 
gas collection and transport system used to convey gases from the brown 
stock washer system to a control device.
    Kraft pulp mill means any stationary source which produces pulp 
from wood by cooking (digesting) wood chips in a water solution of 
sodium hydroxide and sodium sulfide (white liquor) at high temperature 
and pressure. Regeneration of the cooking chemicals through a recovery 
process is also considered part of the kraft pulp mill.
    Lime kiln means a unit used to calcine lime mud, which consists 
primarily of calcium carbonate, into quicklime, which is calcium oxide.
    Low volume, high concentration (LVHC) closed-vent system means the 
gas collection and transport system used to convey gases from the 
digester system, condensate stripper system, and multiple-effect 
evaporator system to a control device.
    Monitoring system malfunction means a sudden, infrequent, not 
reasonably preventable failure of the monitoring system to provide 
valid data. Monitoring system failures that are caused in part by poor 
maintenance or careless operation are not malfunctions. The owner or 
operator is required to implement monitoring system repairs in response 
to monitoring system malfunctions or out-of-control periods, and to 
return the monitoring system to operation as expeditiously as 
practicable.
    Multiple-effect evaporator system means the multiple-effect 
evaporators and associated condenser(s) and hotwell(s) used to 
concentrate the spent cooking liquid that is separated from the pulp 
(black liquor).
    Neutral sulfite semichemical pulping operation means any operation 
in which pulp is produced from wood by cooking (digesting) wood chips 
in a solution of sodium sulfite and sodium bicarbonate, followed by 
mechanical defibrating (grinding).
    Recovery furnace means either a straight kraft recovery furnace or 
a cross recovery furnace, and includes the direct-contact evaporator 
for a direct-contact furnace.
    Smelt dissolving tank means a vessel used for dissolving the smelt 
collected from the recovery furnace.
    Straight kraft recovery furnace means a furnace used to recover 
chemicals

[[Page 18967]]

consisting primarily of sodium and sulfur compounds by burning black 
liquor which on a quarterly basis contains 7 weight percent or less of 
the total pulp solids from the neutral sulfite semichemical process or 
has green liquor sulfidity of 28 percent or less.
    Total reduced sulfur (TRS) means the sum of the sulfur compounds 
hydrogen sulfide, methyl mercaptan, dimethyl sulfide, and dimethyl 
disulfide that are released during the kraft pulping operation and 
measured by Method 16 of Appendix A-6 of this part.


Sec.  60.282a  Standard for filterable particulate matter.

    (a) On and after the date on which the performance test required to 
be conducted by Sec.  60.8 is completed, no owner or operator subject 
to the provisions of this subpart shall cause to be discharged into the 
atmosphere:
    (1) From any modified recovery furnace any gases which:
    (i) Contain filterable particulate matter in excess of 0.10 gram 
per dry standard cubic meter (g/dscm) (0.044 grain per dry standard 
cubic foot (gr/dscf)) corrected to 8-percent oxygen.
    (ii) Exhibit 20-percent opacity or greater, where an electrostatic 
precipitator (ESP) emission control device is used, except where it is 
used in combination with a wet scrubber.
    (2) From any new or reconstructed recovery furnace any gases which:
    (i) Contain filterable particulate matter in excess of 0.034 g/dscm 
(0.015 gr/dscf) corrected to 8-percent oxygen.
    (ii) Exhibit 20-percent opacity or greater, where an ESP emission 
control device is used, except where it is used in combination with a 
wet scrubber.
    (3) From any modified or reconstructed smelt dissolving tank, or 
from any new smelt dissolving tank that is not associated with a new or 
reconstructed recovery furnace subject to the provisions of paragraph 
(a)(2) of this section, any gases which contain filterable particulate 
matter in excess of 0.1 gram per kilogram (g/kg) (0.2 pound per ton 
(lb/ton)) of black liquor solids (dry weight).
    (4) From any new smelt dissolving tank associated with a new or 
reconstructed recovery furnace subject to the provisions of paragraph 
(a)(2) of this section, any gases which contain filterable particulate 
matter in excess of 0.060 g/kg (0.12 lb/ton) black liquor solids (dry 
weight).
    (5) From any modified lime kiln any gases which:
    (i) Contain filterable particulate matter in excess of 0.15 g/dscm 
(0.064 gr/dscf) corrected to 10-percent oxygen.
    (ii) Exhibit 20-percent opacity or greater, where an ESP emission 
control device is used, except where it is used in combination with a 
wet scrubber.
    (6) From any new or reconstructed lime kiln any gases which:
    (i) Contain filterable particulate matter in excess of 0.023 g/dscm 
(0.010 gr/dscf) corrected to 10-percent oxygen.
    (ii) Exhibit 20-percent opacity or greater, where an ESP emission 
control device is used, except where it is used in combination with a 
wet scrubber.
    (b) These standards apply at all times as specified in Sec. Sec.  
60.284a and 60.285a.
    (c) The exemptions to opacity standards under 40 CFR 60.11(c) do 
not apply to subpart BBa.


Sec.  60.283a  Standard for total reduced sulfur (TRS).

    (a) On and after the date on which the performance test required to 
be conducted by Sec.  60.8 is completed, no owner or operator subject 
to the provisions of this subpart must cause to be discharged into the 
atmosphere:
    (1) From any digester system, brown stock washer system, multiple-
effect evaporator system, or condensate stripper system any gases which 
contain TRS in excess of 5 parts per million (ppm) by volume on a dry 
basis, corrected to 10-percent oxygen, unless one of the following 
conditions are met:
    (i) The gases are collected in an LVHC or HVLC closed-vent system 
meeting the requirements of Sec.  63.450 and combusted in a lime kiln 
subject to the provisions of either paragraph (a)(5) of this section or 
Sec.  60.283(a)(5); or
    (ii) The gases are collected in an LVHC or HVLC closed-vent system 
meeting the requirements of Sec.  63.450 and combusted in a recovery 
furnace subject to the provisions of either paragraphs (a)(2) or (3) of 
this section or Sec.  60.283(a)(2) or (3); or
    (iii) The gases are collected in an LVHC or HVLC closed-vent system 
meeting the requirements of Sec.  63.450 and combusted with other waste 
gases in an incinerator or other device, or combusted in a lime kiln or 
recovery furnace not subject to the provisions of this subpart (or 
subpart BB of this part), and are subjected to a minimum temperature of 
650 [deg]C (1200[emsp14][deg]F) for at least 0.5 second; or
    (iv) It has been demonstrated to the Administrator's satisfaction 
by the owner or operator that incinerating the exhaust gases from a 
new, modified, or reconstructed brown stock washer system is 
technologically or economically unfeasible. Any exempt system will 
become subject to the provisions of this subpart if the facility is 
changed so that the gases can be incinerated.
    (v) The gases from the digester system, brown stock washer system, 
or condensate stripper system are collected in an LVHC or HVLC closed-
vent system meeting the requirements of Sec.  63.450 and controlled by 
a means other than combustion. In this case, this system must not 
discharge any gases to the atmosphere which contain TRS in excess of 5 
ppm by volume on a dry basis, uncorrected for oxygen content.
    (vi) The uncontrolled exhaust gases from a new, modified, or 
reconstructed digester system contain TRS less than 0.005 g/kg (0.01 
lb/ton) air dried pulp (ADP).
    (2) From any straight kraft recovery furnace any gases which 
contain TRS in excess of 5 ppm by volume on a dry basis, corrected to 
8-percent oxygen.
    (3) From any cross recovery furnace any gases which contain TRS in 
excess of 25 ppm by volume on a dry basis, corrected to 8-percent 
oxygen.
    (4) From any smelt dissolving tank any gases which contain TRS in 
excess of 0.016 g/kg (0.033 lb/ton) of black liquor solids as hydrogen 
sulfide (H2S).
    (5) From any lime kiln any gases which contain TRS in excess of 8 
ppm by volume on a dry basis, corrected to 10-percent oxygen.
    (b) These standards apply at all times as specified in Sec. Sec.  
60.284a and 60.285a.


Sec.  60.284a  Monitoring of emissions and operations.

    (a) Any owner or operator subject to the provisions of this subpart 
must install, calibrate, maintain, and operate the continuous 
monitoring systems specified in paragraphs (a)(1) and (2) of this 
section:
    (1) A continuous monitoring system to monitor and record the 
opacity of the gases discharged into the atmosphere from any recovery 
furnace or lime kiln using an ESP emission control device, except as 
specified in paragraph (b)(4) of this section. The span of this system 
must be set at 70-percent opacity. You must install, certify, and 
operate the continuous opacity monitoring system in accordance with 
Performance Specification (PS) 1 in Appendix B to 40 CFR part 60.
    (2) Continuous monitoring systems to monitor and record the 
concentration of TRS emissions on a dry basis and the percent of oxygen 
by volume on a dry basis in the gases discharged into the atmosphere 
from any lime kiln, recovery furnace, digester system, brown stock 
washer system, multiple-effect evaporator system, or condensate 
stripper system, except where the provisions of Sec.  
60.283a(a)(1)(iii) or (iv) apply. You must install, certify, and 
operate the continuous TRS monitoring system in accordance with 
Performance Specification (PS) 5 in Appendix B to 40

[[Page 18968]]

CFR part 60. You must install, certify, and operate the continuous 
oxygen monitoring system in accordance with Performance Specification 
(PS) 3 in Appendix B to 40 CFR part 60. These systems must be located 
downstream of the control device(s). The range of the continuous 
monitoring system must encompass all expected concentration values, 
including the zero and span values used for calibration. The spans of 
these continuous monitoring system(s) must be set:
    (i) At a TRS concentration of 30 ppm for the TRS continuous 
monitoring system, except that for any cross recovery furnace the span 
must be set at 50 ppm.
    (ii) At 21-percent oxygen for the continuous oxygen monitoring 
system.
    (b) Any owner or operator subject to the provisions of this subpart 
must install, calibrate, maintain, and operate the following continuous 
parameter monitoring devices specified in paragraphs (b)(1) through (4) 
of this section.
    (1) For any incinerator, a monitoring device for the continuous 
measurement of the combustion temperature at the point of incineration 
of effluent gases which are emitted from any digester system, brown 
stock washer system, multiple effect evaporator system, or condensate 
stripper system where the provisions of Sec.  60.283a(a)(1)(iii) apply. 
The monitoring device is to be certified by the manufacturer to be 
accurate within 1 percent of the temperature being 
measured.
    (2) For any recovery furnace, lime kiln, or smelt dissolving tank 
using a wet scrubber emission control device:
    (i) A monitoring device for the continuous measurement of the 
pressure drop of the gas stream through the control equipment. The 
monitoring device is to be certified by the manufacturer to be accurate 
to within a gage pressure of 500 Pascals (2 
inches water gage pressure).
    (ii) A monitoring device for the continuous measurement of the 
scrubbing liquid flow rate. The monitoring device used for continuous 
measurement of the scrubbing liquid flow rate must be certified by the 
manufacturer to be accurate within 5 percent of the design 
scrubbing liquid flow rate.
    (iii) As an alternative to pressure drop measurement under 
paragraph (b)(2)(i) of this section, a monitoring device for 
measurement of fan amperage may be used for smelt dissolving tank 
dynamic scrubbers that operate at ambient pressure or for low-energy 
entrainment scrubbers where the fan speed does not vary.
    (iv) As an alternative to scrubbing liquid flow rate measurement 
under paragraph (b)(2)(ii) of this section, a monitoring device for 
measurement of scrubbing liquid supply pressure may be used. The 
monitoring device is to be certified by the manufacturer to be accurate 
within 15 percent of design scrubbing liquid supply 
pressure. The pressure sensor or tap is to be located close to the 
scrubber liquid discharge point. The Administrator may be consulted for 
approval of alternative locations.
    (3) For any recovery furnace or lime kiln using an ESP emission 
control device, the owner or operator must use the continuous parameter 
monitoring devices specified in paragraphs (b)(3)(i) and (ii) of this 
section.
    (i) A monitoring device for the continuous measurement of the 
secondary voltage of each ESP collection field.
    (ii) A monitoring device for the continuous measurement of the 
secondary current of each ESP collection field.
    (iii) Total secondary power may be calculated as the product of the 
secondary voltage and secondary current measurements for each ESP 
collection field and used to demonstrate compliance as an alternative 
to the secondary voltage and secondary current measurements.
    (4) For any recovery furnace or lime kiln using an ESP followed by 
a wet scrubber, the owner or operator must use the continuous parameter 
monitoring devices specified in paragraphs (b)(2) and (3) of this 
section. The opacity monitoring system specified in paragraph (a)(1) of 
this section is not required for combination ESP/wet scrubber control 
device systems.
    (c) Monitor operation and calculations. Any owner or operator 
subject to the provisions of this subpart must follow the procedures 
for collecting and reducing monitoring data and setting operating 
limits in paragraphs (c)(1) through (6) of this section. Subpart A of 
this part specifies methods for reducing continuous opacity monitoring 
system data.
    (1) Any owner or operator subject to the provisions of this subpart 
must, except where the provisions of Sec.  60.283a(a)(1)(iii) or (iv) 
apply, perform the following:
    (i) Calculate and record on a daily basis 12-hour average TRS 
concentrations for the two consecutive periods of each operating day. 
Each 12-hour average must be determined as the arithmetic mean of the 
appropriate 12 contiguous 1-hour average TRS concentrations provided by 
each continuous monitoring system installed under paragraph (a)(2) of 
this section.
    (ii) Calculate and record on a daily basis 12-hour average oxygen 
concentrations for the two consecutive periods of each operating day 
for the recovery furnace and lime kiln. These 12- hour averages must 
correspond to the 12-hour average TRS concentrations under paragraph 
(c)(1)(i) of this section and must be determined as an arithmetic mean 
of the appropriate 12 contiguous 1-hour average oxygen concentrations 
provided by each continuous monitoring system installed under paragraph 
(a)(2) of this section.
    (iii) Using the following equation, correct all 12-hour average TRS 
concentrations to 10 volume percent oxygen, except that all 12-hour 
average TRS concentrations from a recovery furnace must be corrected to 
8 volume percent oxygen instead of 10 percent, and all 12-hour average 
TRS concentrations from a facility to which the provisions of Sec.  
60.283a(a)(1)(v) apply must not be corrected for oxygen content:

    Ccorr = Cmeas x (21-X/21-Y)


Where:
Ccorr = the concentration corrected for oxygen.
Cmeas = the 12-hour average of the measured 
concentrations uncorrected for oxygen.
X = the volumetric oxygen concentration in percentage to be 
corrected to (8 percent for recovery furnaces and 10 percent for 
lime kilns, incinerators, or other devices).
Y = the 12-hour average of the measured volumetric oxygen 
concentration.

    (2) Record at least once each successive 5-minute period all 
measurements obtained from the continuous monitoring devices installed 
under paragraph (b)(1) of this section. Calculate 3-hour block averages 
from the recorded measurements of incinerator temperature. Temperature 
measurements recorded when no TRS emissions are fired in the 
incinerator (e.g., during incinerator warm-up and cool-down periods 
when no TRS emissions are generated or an alternative control device is 
used) may be omitted from the block average calculation.
    (3) Record at least once each successive 15-minute period all 
measurements obtained from the continuous monitoring devices installed 
under paragraph (b)(2) through (4) of this section and reduce the data 
as follows:
    (i) Calculate 12-hour block averages from the recorded measurements 
of wet scrubber pressure drop (or smelt dissolving tank scrubber fan 
amperage)

[[Page 18969]]

and liquid flow rate (or liquid supply pressure), as applicable.
    (ii) Calculate semiannual averages from the recorded measurements 
of ESP parameters (secondary voltage and secondary current, or total 
secondary power) for ESP-controlled recovery furnaces or lime kilns 
that measure opacity in addition to ESP parameters.
    (iii) Calculate 12-hour block averages from the recorded 
measurements of ESP parameters (secondary voltage and secondary 
current, or total secondary power) for recovery furnaces or lime kilns 
with combination ESP/wet scrubber controls.
    (4) During the initial performance test required in Sec.  60.285a, 
the owner or operator must establish site-specific operating limits for 
the monitoring parameters in paragraphs (b)(2) through (4) of this 
section by continuously monitoring the parameters and determining the 
arithmetic average value of each parameter during the performance test. 
The arithmetic average of the measured values for the three test runs 
establishes your minimum site-specific operating limit for each wet 
scrubber or ESP parameter. Multiple performance tests may be conducted 
to establish a range of parameter values. The owner or operator may 
establish replacement operating limits for the monitoring parameters 
during subsequent performance tests using the test methods in Sec.  
60.285a.
    (5) You must operate the continuous monitoring systems required in 
paragraphs (a) and (b) of this section to collect data at all required 
intervals at all times the affected facility is operating except for 
periods of monitoring system malfunctions or out-of-control periods, 
repairs associated with monitoring system malfunctions or out-of-
control periods, and required monitoring system quality assurance or 
quality control activities including, as applicable, calibration checks 
and required zero and span adjustments.
    (6) You may not use data recorded during monitoring system 
malfunctions or out-of-control periods, repairs associated with 
monitoring system malfunctions or out-of-control periods, or required 
monitoring system quality assurance or control activities in 
calculations used to report emissions or operating limits. You must use 
all the data collected during all other periods in assessing the 
operation of the control device and associated control system.
    (7) Except for periods of monitoring system malfunctions, repairs 
associated with monitoring system malfunctions, and required quality 
monitoring system quality assurance or quality control activities 
(including, as applicable, system accuracy audits and required zero and 
span adjustments), failure to collect required data is a deviation of 
the monitoring requirements.
    (d) Excess emissions are defined for this subpart as follows:
    (1) For emissions from any recovery furnace, periods of excess 
emissions are:
    (i) All 12-hour averages of TRS concentrations above 5 ppm by 
volume at 8-percent oxygen for straight kraft recovery furnaces and 
above 25 ppm by volume at 8-percent oxygen for cross recovery furnaces 
during times when BLS is fired.
    (ii) All 6-minute average opacities that exceed 20 percent during 
times when BLS is fired.
    (2) For emissions from any lime kiln, periods of excess emissions 
are:
    (i) All 12-hour average TRS concentrations above 8 ppm by volume at 
10-percent oxygen during times when lime mud is fired.
    (ii) All 6-minute average opacities that exceed 20 percent during 
times when lime mud is fired.
    (3) For emissions from any digester system, brown stock washer 
system, multiple-effect evaporator system, or condensate stripper 
system, periods of excess emissions are:
    (i) All 12-hour average TRS concentrations above 5 ppm by volume at 
10-percent oxygen unless the provisions of Sec.  60.283a(a)(1)(i), 
(ii), or (iv) apply; or
    (ii) All 3-hour block averages during which the combustion 
temperature at the point of incineration is less than 650 [deg]C 
(1200[emsp14][deg]F), where the provisions of Sec.  60.283a(a)(1)(iii) 
apply and an incinerator is used as the combustion device.
    (iii) All times when gases are not routed through the closed-vent 
system to one of the control devices specified in Sec.  
60.283a(a)(1)(i) through (iii) and (v).
    (4) For any recovery furnace, lime kiln, or smelt dissolving tank 
controlled with a wet scrubber emission control device that complies 
with the parameter monitoring requirements specified in Sec.  
60.284a(b)(2), periods of excess emissions are:
    (i) All 12-hour block average scrubbing liquid flow rate (or 
scrubbing liquid supply pressure) measurements below the minimum site-
specific limit established during performance testing during times when 
BLS or lime mud is fired (as applicable), and
    (ii) All 12-hour block average scrubber pressure drop (or fan 
amperage, if used as an alternative under paragraph (b)(2)(iii) of this 
section) measurements below the minimum site-specific limit established 
during performance testing during times when BLS or lime mud is fired 
(as applicable), except during startup and shutdown.
    (5) For any recovery furnace or lime kiln controlled with an ESP 
followed by a wet scrubber that complies with the parameter monitoring 
requirements specified in Sec.  60.284a(b)(4), periods of excess 
emissions are:
    (i) All 12-hour block average scrubbing liquid flow rate (or 
scrubbing liquid supply pressure) measurements below the minimum site-
specific limit established during performance testing during times when 
BLS or lime mud is fired (as applicable), and
    (ii) All 12-hour block average scrubber pressure drop measurements 
below the minimum site-specific limit established during performance 
testing during times when BLS or lime mud is fired (as applicable) 
except during startup and shutdown,
    (iii) All 12-hour block average ESP secondary voltage measurements 
below the minimum site-specific limit established during performance 
testing during times when BLS or lime mud is fired (as applicable) 
including startup and shutdown.
    (iv) All 12-hour block average ESP secondary current measurements 
(or total secondary power values) below the minimum site-specific limit 
established during performance testing during times when BLS or lime 
mud is fired (as applicable) except during startup and shutdown.
    (e) The Administrator will not consider periods of excess emissions 
reported under Sec.  60.288a(a) to be indicative of a violation of the 
standards provided the criteria in paragraphs (e)(1) and (2) of this 
section are met.
    (1) The percent of the total number of possible contiguous periods 
of excess emissions in the semiannual reporting period does not exceed:
    (i) One percent for TRS emissions from straight recovery furnaces, 
provided that the 12-hour average TRS concentration does not exceed 30 
ppm corrected to 8-percent oxygen.
    (ii) Two percent for average opacities from recovery furnaces, 
provided that the ESP secondary voltage and secondary current (or total 
secondary power) averaged over the semiannual period remained above the 
minimum operating limits established during the performance test.
    (iii) One percent for TRS emissions from lime kilns, provided that 
the 12-hour average TRS concentration does not exceed 22 ppm corrected 
to 10-percent oxygen.
    (iv) One percent for average opacities from lime kilns, provided 
that the ESP secondary voltage and secondary current (or total 
secondary power)

[[Page 18970]]

averaged over the semiannual period remained above the minimum 
operating limits established during the performance test.
    (v) One percent for TRS emissions from cross recovery furnaces, 
provided that the 12-hour average TRS concentration does not exceed 50 
ppm corrected to 8-percent oxygen.
    (vi) For closed-vent systems delivering gases to one of the control 
devices specified in Sec.  60.283a(a)(1)(i) through (iii) and (v), the 
time of excess emissions divided by the total process operating time in 
the semiannual reporting period does not exceed:
    (A) One percent for LVHC closed-vent systems; or
    (B) Four percent for HVLC closed-vent systems or for HVLC and LVHC 
closed-vent systems combined.
    (2) The Administrator determines that the affected facility, 
including air pollution control equipment, is maintained and operated 
in a manner which is consistent with good air pollution control 
practice for minimizing emissions during periods of excess emissions.
    (3) The 12-hour average TRS concentration uncorrected for oxygen 
may be considered when determining compliance with the excess emission 
provisions in paragraphs (e)(1)(i) and (iii) of this section during 
periods of startup or shutdown when the 12-hour average stack oxygen 
percentage approaches ambient conditions. If the 12-hour average TRS 
concentration uncorrected for oxygen is less than the applicable limit 
(5 ppm for recovery furnaces or 8 ppm for lime kilns) during periods of 
startup or shutdown when the 12-hour average stack oxygen concentration 
is 15 percent or greater, then the Administrator will consider the TRS 
average to be in compliance. This provision only applies during periods 
of affected facility startup and shutdown.
    (f) The procedures under Sec.  60.13 must be followed for 
installation, evaluation, and operation of the continuous monitoring 
systems required under this section. All continuous monitoring systems 
must be operated in accordance with the applicable procedures under 
Performance Specifications 1, 3, and 5 of appendix B of this part.


Sec.  60.285a  Test methods and procedures.

    (a) In conducting the performance tests required by this subpart 
and Sec.  60.8, the owner or operator must use as reference methods and 
procedures the test methods in appendix A of this part or other methods 
and procedures in this section, except as provided in Sec.  60.8(b). 
Acceptable alternative methods and procedures are given in paragraph 
(f) of this section. Section 60.8(c) must be read as follows for 
purposes of this subpart: Performance tests shall be conducted under 
such conditions as the Administrator shall specify to the plant 
operator based on representative performance of the affected facility. 
The owner or operator shall make available to the Administrator such 
records as may be necessary to determine the conditions of the 
performance tests. Operations during periods of startup, shutdown and 
malfunction shall not constitute representative conditions for the 
purpose of a performance test.
    (b) The owner or operator must determine compliance with the 
filterable particulate matter standards in Sec.  60.282a(a)(1), (2), 
(5) and (6) as follows:
    (1) Method 5 of Appendix A-3 of this part must be used to determine 
the filterable particulate matter concentration. The sampling time and 
sample volume for each run must be at least 60 minutes and 0.90 dscm 
(31.8 dscf). Water must be used as the cleanup solvent instead of 
acetone in the sample recovery procedure. The particulate concentration 
must be corrected to the appropriate oxygen concentration according to 
Sec.  60.284a(c)(3).
    (2) The emission rate correction factor, integrated sampling and 
analysis procedure of Method 3B of Appendix A-2 of this part must be 
used to determine the oxygen concentration. The gas sample must be 
taken at the same time and at the same traverse points as the 
particulate sample.
    (3) Method 9 of Appendix A-4 of this part and the procedures in 
Sec.  60.11 must be used to determine opacity. Opacity measurement is 
not required for recovery furnaces or lime kilns operating with a wet 
scrubber alone or a wet scrubber in combination with an ESP.
    (4) In addition to the initial performance test required by this 
subpart and Sec.  60.8(a), you must conduct repeat performance tests 
for filterable particulate matter at intervals no longer than 5 years 
following the previous performance test using the procedures in 
paragraphs (b)(1) and (2) of this section.
    (5) When the initial and repeat performance tests are conducted for 
filterable particulate matter, the owner or operator must also measure 
condensable particulate matter using Method 202 of Appendix M of 40 CFR 
part 51.
    (c) The owner or operator must determine compliance with the 
filterable particular matter standards in Sec.  60.282a(a)(3) and (4) 
as follows:
    (1) The emission rate (E) of filterable particulate matter must be 
computed for each run using the following equation:

    E = csQsd/BLS


Where:

E = emission rate of filterable particulate matter, g/kg (lb/ton) of 
BLS.
cs = Concentration of filterable particulate matter, g/
dscm (lb/dscf).
Qsd = volumetric flow rate of effluent gas, dry standard 
cubic meter per hour (dscm/hr) (dry standard cubic feet per hour 
(dscf/hr)).
BLS = black liquor solids (dry weight) feed rate, kg/hr (ton/hr).

    (2) Method 5 of Appendix A-3 of this part must be used to determine 
the filterable particulate matter concentration (cs) and the 
volumetric flow rate (Qsd) of the effluent gas. The sampling 
time and sample volume must be at least 60 minutes and 0.90 dscm (31.8 
dscf). Water must be used instead of acetone in the sample recovery.
    (3) Process data must be used to determine the black liquor solids 
(BLS) feed rate on a dry weight basis.
    (4) In addition to the initial performance test required by this 
subpart and Sec.  60.8(a), you must conduct repeat performance tests 
for filterable particulate matter at intervals no longer than 5 years 
following the previous performance test using the procedures in 
paragraphs (c)(1) through (3) of this section.
    (5) When the initial and repeat performance tests are conducted for 
filterable particulate matter, the owner or operator must also measure 
condensable particulate matter using Method 202 of Appendix M of 40 CFR 
part 51.
    (d) The owner or operator must determine compliance with the TRS 
standards in Sec.  60.283a, except Sec.  60.283a(a)(1)(vi) and (4), as 
follows:
    (1) Method 16 of Appendix A-6 of this part must be used to 
determine the TRS concentration. The TRS concentration must be 
corrected to the appropriate oxygen concentration using the procedure 
in Sec.  60.284a(c)(3). The sampling time must be at least 3 hours, but 
no longer than 6 hours.
    (2) The emission rate correction factor, integrated sampling and 
analysis procedure of Method 3B of Appendix A-2 of this part must be 
used to determine the oxygen concentration. The sample must be taken 
over the same time period as the TRS samples.
    (3) When determining whether a furnace is a straight kraft recovery 
furnace or a cross recovery furnace, TAPPI Method T 624 (incorporated 
by reference--see Sec.  60.17) must be used to determine sodium 
sulfide, sodium

[[Page 18971]]

hydroxide, and sodium carbonate. These determinations must be made 3 
times daily from the green liquor, and the daily average values must be 
converted to sodium oxide (Na20) and substituted into the 
following equation to determine the green liquor sulfidity:

    GLS=100CNa2S/
(CNa2SCNaOHCNa2CO
3)


Where:

GLS = green liquor sulfidity, percent.
CNa2S = concentration of Na2S as 
Na2O, milligrams per liter (mg/L) (grains per gallon (gr/
gal)).
CNaOH = concentration of NaOH as Na2O, mg/L 
(gr/gal).
CNa2CO3 = concentration of 
Na2CO3 as Na2O, mg/L (gr/gal).

    (4) For recovery furnaces and lime kilns, in addition to the 
initial performance test required in this subpart and Sec.  60.8(a), 
you must conduct repeat TRS performance tests at intervals no longer 
than 5 years following the previous performance test using the 
procedures in paragraphs (d)(1) and (2) of this section.
    (e) The owner or operator must determine compliance with the TRS 
standards in Sec.  60.283a(a)(1)(vi) and (4) as follows:
    (1) The emission rate (E) of TRS must be computed for each run 
using the following equation:

E=CTRS F Qsd/P

Where:

E = emission rate of TRS, g/kg (lb/ton) of BLS or ADP.
CTRS = average combined concentration of TRS, ppm.
F = conversion factor, 0.001417 g H2S/cubic meter (m\3\)-
ppm (8.846 x 10\-8\ lb H2S/cubic foot (ft\3\)-ppm).
Qsd = volumetric flow rate of stack gas, dscm/hr (dscf/
hr).
P = black liquor solids feed or pulp production rate, kg/hr (ton/
hr).

    (2) Method 16 of Appendix A-6 of this part must be used to 
determine the TRS concentration (CTRS).
    (3) Method 2 of Appendix A-1 of this part must be used to determine 
the volumetric flow rate (Qsd) of the effluent gas.
    (4) Process data must be used to determine the black liquor feed 
rate or the pulp production rate (P).
    (5) For smelt dissolving tanks, in addition to the initial 
performance test required in this subpart and Sec.  60.8(a), you must 
conduct repeat TRS performance tests at intervals no longer than 5 
years following the previous performance test using the procedures in 
paragraphs (e)(1) through (4) of this section.
    (f) The owner or operator may use the following as alternatives to 
the reference methods and procedures specified in this section:
    (1) In place of Method 5 of Appendix A-3 of this part, Method 17 of 
Appendix A-6 of this part may be used if a constant value of 0.009 g/
dscm (0.004 gr/dscf) is added to the results of Method 17 and the stack 
temperature is no greater than 204[deg]C (400[emsp14][deg]F).
    (2) In place of Method 16 of Appendix A-6 of this part, Method 16A, 
16B, or 16C of Appendix A-6 of this part may be used.
    (3) In place of Method 3B of Appendix A-2 of this part, ASME PTC 
19.10-1981 (incorporated by reference--see Sec.  60.17) may be used.


Sec.  60.286a  Affirmative Defense for Violations of Emission Standards 
During Malfunction.

    In response to an action to enforce the standards set forth in 
Sec. Sec.  60.282a and 60.283a, you may assert an affirmative defense 
to a claim for civil penalties for violations of such standards that 
are caused by malfunction, as defined at Sec.  60.2. Appropriate 
penalties may be assessed if you fail to meet your burden of proving 
all of the requirements in the affirmative defense. The affirmative 
defense must not be available for claims for injunctive relief.
    (a) Assertion of affirmative defense. To establish the affirmative 
defense in any action to enforce such a standard, you must timely meet 
the reporting requirements in paragraph (b) of this section, and must 
prove by a preponderance of evidence that:
    (1) The violation:
    (i) Was caused by a sudden, infrequent, and unavoidable failure of 
air pollution control equipment, process equipment, or a process to 
operate in a normal or usual manner; and
    (ii) Could not have been prevented through careful planning, proper 
design or better operation and maintenance practices; and
    (iii) Did not stem from any activity or event that could have been 
foreseen and avoided, or planned for; and
    (iv) Was not part of a recurring pattern indicative of inadequate 
design, operation, or maintenance; and
    (2) Repairs were made as expeditiously as possible when a violation 
occurred; and
    (3) The frequency, amount, and duration of the violation (including 
any bypass) were minimized to the maximum extent practicable; and
    (4) If the violation resulted from a bypass of control equipment or 
a process, then the bypass was unavoidable to prevent loss of life, 
personal injury, or severe property damage; and
    (5) All possible steps were taken to minimize the impact of the 
violation on ambient air quality, the environment, and human health; 
and
    (6) All emission monitoring and control systems were kept in 
operation if at all possible, consistent with safety and good air 
pollution control practices; and
    (7) All of the actions in response to the violation were documented 
by properly signed, contemporaneous operating logs; and
    (8) At all times, the affected source was operated in a manner 
consistent with good practices for minimizing emissions; and
    (9) A written root cause analysis has been prepared, the purpose of 
which is to determine, correct, and eliminate the primary causes of the 
malfunction and the violation resulting from the malfunction event at 
issue. The analysis must also specify, using best monitoring methods 
and engineering judgment, the amount of any emissions that were the 
result of the malfunction.
    (b) Report. The owner or operator seeking to assert an affirmative 
defense must submit a written report to the Administrator with all 
necessary supporting documentation that explains how it has met the 
requirements set forth in paragraph (a) of this section. This 
affirmative defense report must be included in the first periodic 
compliance, deviation report or excess emission report otherwise 
required after the initial occurrence of the violation of the relevant 
standard (which may be the end of any applicable averaging period). If 
such compliance, deviation report or excess emission report is due less 
than 45 days after the initial occurrence of the violation, the 
affirmative defense report may be included in the second compliance, 
deviation report or excess emission report due after the initial 
occurrence of the violation of the relevant standard.


Sec.  60.287a  Recordkeeping.

    (a) The owner or operator must maintain records of the performance 
evaluations of the continuous monitoring systems.
    (b) For each continuous monitoring system, the owner or operator 
must maintain records of the following information, as applicable:
    (1) Records of the opacity of the gases discharged into the 
atmosphere from any recovery furnace or lime kiln using an ESP emission 
control device, except as specified in paragraph (b)(6) of this 
section, and records of the ESP secondary voltage and secondary current 
(or total secondary power) averaged over the reporting period for the 
opacity allowances specified in Sec.  60.284a(e)(1)(ii) and (iv).

[[Page 18972]]

    (2) Records of the concentration of TRS emissions on a dry basis 
and the percent of oxygen by volume on a dry basis in the gases 
discharged into the atmosphere from any lime kiln, recovery furnace, 
digester system, brown stock washer system, multiple-effect evaporator 
system, or condensate stripper system, except where the provisions of 
Sec.  60.283a(a)(1)(iii) or (iv) apply.
    (3) Records of the incinerator combustion temperature at the point 
of incineration of effluent gases which are emitted from any digester 
system, brown stock washer system, multiple effect evaporator system, 
or condensate stripper system where the provisions of Sec.  
60.283a(a)(1)(iii) apply and an incinerator is used as the combustion 
device.
    (4) For any recovery furnace, lime kiln, or smelt dissolving tank 
using a wet scrubber emission control device:
    (i) Records of the pressure drop of the gas stream through the 
control equipment (or smelt dissolving tank scrubber fan amperage), and
    (ii) Records of the scrubbing liquid flow rate (or scrubbing liquid 
supply pressure).
    (5) For any recovery furnace or lime kiln using an ESP control 
device:
    (i) Records of the secondary voltage of each ESP collection field, 
and
    (ii) Records of the secondary current of each ESP collection field, 
and
    (iii) If used as an alternative to secondary voltage and current, 
records of the total secondary power of each ESP collection field.
    (6) For any recovery furnace or lime kiln using an ESP followed by 
a wet scrubber, the records specified under paragraphs (b)(4) and (5) 
of this section.
    (7) Records of excess emissions as defined in Sec.  60.284a(d).
    (c) For each malfunction, the owner or operator must maintain 
records of the following information:
    (1) Records of the occurrence and duration of each malfunction of 
operation (i.e., process equipment) or the air pollution control and 
monitoring equipment.
    (2) Records of actions taken during periods of malfunction to 
minimize emissions in accordance with Sec.  60.11(d), including 
corrective actions to restore malfunctioning process and air pollution 
control and monitoring equipment to its normal or usual manner of 
operation.


Sec.  60.288a  Reporting.

    (a) For the purpose of reports required under Sec.  60.7(c), any 
owner or operator subject to the provisions of this subpart must report 
semiannually periods of excess emissions defined in Sec.  60.284a(d).
    (b) Within 60 days after the date of completing each performance 
test (defined in Sec.  60.8) as required by this subpart you must 
submit the results of the performance tests, including any associated 
fuel analyses, required by this subpart to the EPA as follows. You must 
use the latest version of the EPA's Electronic Reporting Tool (ERT) 
(see http://www.epa.gov/ttn/chief/ert/index.html) existing at the time 
of the performance test to generate a submission package file, which 
documents performance test data. You must then submit the file 
generated by the ERT through the EPA's Compliance and Emissions Data 
Reporting Interface (CEDRI), which can be accessed by logging in to the 
EPA's Central Data Exchange (CDX) (https://cdx.epa.gov/). Only data 
collected using test methods supported by the ERT as listed on the ERT 
Web site are subject to the requirement to submit the performance test 
data electronically. Owners or operators who claim that some of the 
information being submitted for performance tests is confidential 
business information (CBI) must submit a complete ERT file including 
information claimed to be CBI on a compact disk, flash drive, or other 
commonly used electronic storage media to the EPA. The electronic media 
must be clearly marked as CBI and mailed to U.S. EPA/OAPQS/CORE CBI 
Office, Attention: WebFIRE Administrator, MD C404-02, 4930 Old Page 
Rd., Durham, NC 27703. The same ERT file with the CBI omitted must be 
submitted to the EPA via CDX as described earlier in this paragraph 
(b). At the discretion of the delegated authority, you must also submit 
these reports, including the CBI, to the delegated authority in the 
format specified by the delegated authority. For any performance test 
conducted using test methods that are not listed on the ERT Web site, 
the owner or operator must submit the results of the performance test 
to the Administrator at the appropriate address listed in Sec.  60.4.
    (c) Within 60 days after the date of completing each CEMS 
performance evaluation test as defined in Sec.  60.13, you must submit 
relative accuracy test audit (RATA) data to the EPA's Central Data 
Exchange (CDX) by using CEDRI in accordance with paragraph (b) of this 
section. Only RATA pollutants that can be documented with the ERT (as 
listed on the ERT Web site) are subject to this requirement. For any 
performance evaluations with no corresponding RATA pollutants listed on 
the ERT Web site, the owner or operator must submit the results of the 
performance evaluation to the Administrator at the appropriate address 
listed in Sec.  60.4.
    (d) If a malfunction occurred during the reporting period, you must 
submit a report that contains the following:
    (1) The number, duration, and a brief description for each type of 
malfunction which occurred during the reporting period and which caused 
or may have caused any applicable emission limitation to be exceeded.
    (2) A description of actions taken by an owner or operator during a 
malfunction of an affected facility to minimize emissions in accordance 
with Sec.  60.11(d), including actions taken to correct a malfunction.

[FR Doc. 2014-06719 Filed 4-3-14; 8:45 am]
BILLING CODE 6560-50-P