[Federal Register Volume 81, Number 142 (Monday, July 25, 2016)]
[Rules and Regulations]
[Pages 48356-48362]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-17293]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-HQ-OAR-2011-0817; FRL-9949-46-OAR]
RIN 2060-AS98


National Emission Standards for Hazardous Air Pollutants for the 
Portland Cement Manufacturing Industry

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action to amend the National Emission Standards for Hazardous Air 
Pollutants for the Portland Cement Manufacturing Industry. This direct 
final rule provides, for a period of 1 year, an additional compliance 
alternative for sources that would otherwise be required to use an HCl 
CEMS to demonstrate compliance with the HCl emissions limit. This 
compliance alternative is needed due to the current unavailability of a 
calibration gas used for quality assurance purposes. This direct final 
rule also restores regulatory text requiring the reporting of clinker 
production and kiln feed rates that was deleted inadvertently.

DATES: This rule is effective on September 8, 2016 without further 
notice, unless the EPA receives significant adverse comment by August 
24, 2016. If the EPA receives significant adverse comment, we will 
publish a timely withdrawal in the Federal Register informing the 
public that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2011-0817, to the Federal eRulemaking Portal: http://www.regulations.gov. Follow the online instructions for submitting 
comments. Once submitted, comments cannot be edited or withdrawn. The 
EPA may publish any comment received to its public docket. Do not 
submit electronically any information you consider to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Multimedia submissions (audio, video, etc.) must 
be accompanied by a written comment. The written comment is considered 
the official comment and should include discussion of all points you 
wish to make. The EPA will generally not consider comments or comment 
contents located outside of the primary submission (i.e., on the Web, 
Cloud, or other file sharing system). For additional submission 
methods, the full EPA public comment policy, information about CBI or 
multimedia submissions, and general guidance on making effective 
comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Ms. Sharon Nizich, Sector Policies and 
Programs Division (D243-02), Office of Air Quality Planning and 
Standards, U.S. Environmental Protection Agency, Research Triangle 
Park, North Carolina, 27711; telephone number: (919) 541-2825; fax 
number: (919) 541-5450; and email address: [email protected].

SUPPLEMENTARY INFORMATION: 
    Organization of This Document. The information in this preamble is 
organized as follows:

I. General Information
    A. Why is the EPA using a direct final rule?
    B. Does this direct final rule apply to me?
    C. What should I consider as I prepare my comments for the EPA?
II. What are the amendments made by this direct final rule?
III. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review and 
Executive Order 13563: Improving Regulation and Regulatory Review
    B. Paperwork Reduction Act (PRA)
    C. Regulatory Flexibility Act (RFA)
    D. Unfunded Mandates Reform Act (UMRA)
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination With 
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children From 
Environmental Health Risks and Safety Risks
    H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act (NTTAA)
    J. Executive Order 12898: Federal Actions To Address 
Environmental Justice in Minority Populations and Low-Income 
Populations
    K. Congressional Review Act (CRA)

I. General Information

A. Why is the EPA using a direct final rule?

    The EPA is publishing this direct final rule without a prior 
proposed rule because we view this as a noncontroversial action and do 
not anticipate significant adverse comment. However, in the ``Proposed 
Rules'' section of this Federal Register, we are publishing a separate 
document that will serve as the proposed rule to amend the National 
Emission Standards for Hazardous Air Pollutants for the Portland Cement 
Manufacturing Industry, if EPA receives significant adverse comments on 
this direct final rule. We will not institute a second comment period 
on this action. Any parties interested in commenting must do so at this 
time. For further information about commenting on this rule, see the 
ADDRESSES section of this document.
    If the EPA receives significant adverse comment on all or a 
distinct portion of this direct final rule, we will publish a timely 
withdrawal in the Federal Register informing the public that some or 
all of this direct final rule will not take effect. We would address 
all public comments in any subsequent final rule based on the proposed 
rule.

B. Does this direct final rule apply to me?

    Categories and entities potentially regulated by this direct final 
rule include:

------------------------------------------------------------------------
                        Category                          NAICS Code \1\
------------------------------------------------------------------------
Portland cement manufacturing facilities...............          327310
------------------------------------------------------------------------
\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 
direct final rule. To determine whether your facility is affected, you 
should examine the applicability criteria in 40 CFR 63.1340. If you 
have questions regarding the applicability of any aspect of this action

[[Page 48357]]

to a particular entity, consult either the air permitting authority for 
the entity or your EPA Regional representative as listed in 40 CFR 
63.13.

C. What should I consider as I prepare my comments for the EPA?

    Do not submit information containing CBI to the EPA through http://www.regulations.gov or email. Clearly mark the part or all of the 
information that you claim to be CBI. For CBI information on a disk or 
CD-ROM that you mail to the EPA, mark the outside of the disk or CD-ROM 
as CBI and then identify electronically within the disk or CD-ROM the 
specific information that is claimed as CBI. In addition to one 
complete version of the comments that includes information claimed as 
CBI, a copy of the comments that does not contain the information 
claimed as CBI must be submitted for inclusion in the public docket. 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2. Send or deliver information 
identified as CBI only to the following address: OAQPS Document Control 
Officer (C404-02), U.S. Environmental Protection Agency, Research 
Triangle Park, North Carolina 27711, Attention Docket ID No. EPA-HQ-
OAR-2011-0817.

II. What are the amendments made by this direct final rule?

    In response to a concern raised by a stakeholder regarding the 
availability of calibration gases for HCl continuous monitoring 
compliance, this direct final rule amends 40 CFR 63.1349(b)(6) of the 
performance testing requirements for HCl by adding an alternative 
method for performance testing. Under the current rule, the owner or 
operator of a kiln subject to the emission limits for HCl in 40 CFR 
63.1343 may demonstrate compliance by one of the following methods:
     An owner or operator of a kiln may demonstrate compliance 
by operating a continuous emissions monitoring system (CEMS) meeting 
the requirements of performance specification 15 (PS-15), PS-18, or any 
other PS for HCl CEMS in appendix B to part 60, with compliance based 
on a 30-kiln operating day rolling average.
     If the kiln is controlled using a wet scrubber, tray 
tower, or dry scrubber, the owner or operator, as an alternative to 
using a CEMS, may demonstrate compliance with the HCl limit using one 
of two options, described below.
    Under both options, a performance test must be conducted by the 
owner or operator using Method 321. Under the first option, while 
conducting the Method 321 performance test (note Method 321 is the HCl 
stack testing performance method required by this rule), the owner or 
operator simultaneously measures a control device parameter and 
establishes a site-specific parameter limit that will be continuously 
monitored to determine compliance. If the kiln is controlled using a 
wet scrubber or tray tower, the owner or operator would monitor the 
pressure drop across the scrubber and/or liquid flow rate and pH during 
the HCl performance test. If the kiln is controlled using a dry 
scrubber, the sorbent injection rate would be monitored during the 
performance test. Under the second option, the owner or operator may 
establish sulfur dioxide (SO2) as the operating parameter by 
measuring SO2 emissions using a CEMS simultaneously with the 
Method 321 test and establishing the site-specific SO2 limit 
that will be continuously monitored to determine compliance with the 
HCl limit.
    The current rule requires that if a source chooses to monitor HCl 
emissions using a CEMS, they must do so in accordance with PS-15, PS-
18, or any other PS for HCl CEMS in appendix B to part 60 of this 
chapter. (See 40 CFR part 60 appendix B.) Quality assurance procedures 
for HCl CEMS require that they be capable of reading HCl concentrations 
that span a range of possible emission levels below as well as above 
expected HCl emission concentrations. These quality assurance 
procedures require the use of National Institute of Standards and 
Technology (NIST)-traceable calibration gases for HCl.
    Following our decision to create PS-18 and Procedure 6 for HCl 
continuous monitoring in 2012, the EPA worked with NIST and commercial 
gas vendors on development of NIST-traceable HCl gas standards to 
support the PS-18 and Portland Cement Maximum Achievable Control 
Technology (MACT) rulemaking. While some of the low HCl concentration 
(<10 parts per million, or ppm) NIST-traceable gases have been 
available on a limited basis since 2013, the full range of HCl 
concentrations required to support all HCl emissions monitoring 
technologies (including integrated path that requires concentrations 
100 times higher) are not widely available at this time.
    The approach used by NIST in 2013 was to certify the Research Gas 
Material (RGM) cylinders as primary gas standards. These cylinders 
contain HCl gas and are provided to NIST by vendors for NIST 
certification, and subsequently used by the vendors as transfer 
standards to prepare the Gas Manufacturer Intermediate Standards 
(GMIS). The GMIS cylinders are then used to produce NIST-traceable gas 
cylinders that are sold commercially.\1\ The initial approach used by 
NIST to certify the RGM cylinders was not viable in the long term as 
the instrumentation used by NIST largely depleted the HCl RGM gas 
volume, leaving little gas in the cylinder for the vendors to use in 
preparing GMIS materials. Because of this concern, NIST initiated 
development of an improved RGM certification procedure. The development 
of both the initial and more recently improved approach has been 
hampered by the challenges presented in handling HCl gas. HCl gas is 
extremely reactive and difficult to handle in both gas cylinders and 
analytically. As such, it has taken considerable time for NIST to 
optimize the new analytical equipment and approach to achieve the 
necessary uncertainty requirements (e.g., <1 percent uncertainty).
---------------------------------------------------------------------------

    \1\ EPA Traceability Protocol for Assay and Certification of 
Gaseous Calibration Standards, U.S. Environmental Protection Agency 
Office of Research and Development, EPA/600/R-12/531, May 2012.
---------------------------------------------------------------------------

    In addition, the commercial establishment of NIST-traceable gases 
is dependent on collaboration between NIST and the specialty gas 
vendors. There are a limited number of vendors providing the stable, 
accurate, low and high concentration cylinder gases to NIST to certify 
as RGMs. NIST is now receiving a regular supply of candidate RGM 
cylinders from these vendors and is beginning work on higher 
concentration HCl gas standards needed to support integrated path HCl 
monitors (IP-CEMS). Once the RGMs are available, the specialty gas 
vendors must complete a series of procedures to establish the certainty 
of their products which adds to the time to achieve wide commercial 
availability.
    As a result, the EPA is providing, for a period of 1 year, an 
additional compliance alternative for sources that would otherwise be 
required to use an HCl CEMS. In this alternative, the HCl CEMS is still 
required to be installed and operated, but actual compliance with the 
HCl emissions limit is determined by a three run stack test. The HCl 
CEMS will still provide a continuous readout of HCl emissions, but 
because the CEMS will not be calibrated with the required NIST-
traceable calibration gases, the HCl measurement is not considered to 
be sufficiently accurate on an absolute basis for compliance, but would 
be sufficient to indicate any relative change in HCl emissions 
occurring subsequent

[[Page 48358]]

to the compliance test. Therefore, the HCl CEMS under this alternative 
would function as a continuous parameter monitor system (CPMS) as in 
the case of the particulate matter (PM) CPMS requirement (see 78 FR 
10014-10015, 10019-10020, February 12, 2013). Based on conversations 
with gas vendors and NIST, we anticipate that NIST-traceable 
calibration gases for HCl will be available in sufficient quantities 
within one year of this notice (see J. Ryan, memo to S. Johnson, Docket 
ID No. EPA-HQ-OAR-2011-0817, Status of NIST-Traceable Hydrogen Chloride 
(HCl) Calibration Gases for Use With HCl Continuous Emissions 
Monitoring Systems (CEMS) Under 40 CFR part 63, subpart LLL, June 22, 
2016). Thus, this alternative will expire on July 25, 2017 and owner/
operators must have in place one of the original HCl compliance 
demonstration alternatives (we anticipate HCl CEMS operated monitoring 
equipment according to 40 CFR 63.1350(l)) by this date.
    Under this new, temporary alternative, the owner or operator would 
demonstrate initial compliance by conducting a performance test using 
Method 321 and would monitor compliance with an operating parameter 
limit through use of an HCl CPMS. For the HCl CPMS, the owner operator 
would use the average HCl CPMS indicated output, typically displayed as 
parts per million volume, wet basis HCl recorded at in-stack oxygen 
concentration during the HCl performance test to establish the 
operating limit. To determine continuous compliance with the operating 
limit, the owner or operator would record the indicated HCl CPMS output 
data for all periods when the process is operating and use all the HCl 
CPMS data, except data obtained during times of monitor malfunctions. 
Thus, continuous compliance with the operating limit would be 
demonstrated by using all valid hourly average data collected by the 
HCl CPMS for all operating hours to calculate the arithmetic average 
operating parameter in units of the operating limit (indicated ppm) on 
a 30-kiln operating day rolling average basis, updated at the end of 
each new kiln operating day. An exceedance of the kiln 30-day operating 
limit would trigger evaluation of the control system operation and 
resetting the operating limit based on a new correlation with 
performance testing. For kilns with inline raw mills, performance 
testing and monitoring HCl to establish the site specific operating 
limit must be conducted during both raw mill on and raw mill off 
conditions.
    As is the case for the PM CPMS requirements (see 40 CFR 
63.1349(b)(1)(i)), this alternative includes a scaling factor of 75 
percent of the emission standard as a benchmark (2.25 parts per million 
volume, dry basis @ 7-percent oxygen). Sources that choose this option 
will conduct a Method 321 test to determine compliance with the HCl 
emissions standard and during this testing will also monitor their HCl 
CPMS output in indicated ppm to determine where their HCl CPMS output 
would intersect 75 percent of their allowed HCl emissions, and set 
their operating level at that ppm output. This scaling procedure 
alleviates re-testing concerns for sources that operate well below the 
emission limit and provides greater operational flexibility while 
assuring continuous compliance with the HCl emission standard. For 
sources whose Method 321 compliance tests place them at or above 75 
percent of the emission standard, their operating limit is determined 
by the average of three Method 321 test runs (for sources with no 
inline raw mill) or the time weighted average of six Method 321 test 
runs (for kilns with inline raw mills). We believe that by adopting a 
scaling factor as well as the use of 30 days of averaged HCl CPMS 
measurements, the parametric limit in no way imposes a stringency level 
higher than the level of the HCl emissions standard and will avoid 
triggering unnecessary retests for many facilities, especially for the 
lower-emitting sources.
    In addition to adding the interim testing and monitoring provisions 
for HCl, we are restoring a recordkeeping regulatory provision that was 
deleted inadvertently during one of the recent rule revisions. The 
provision in question is the former 40 CFR 63.1355(e). This provision 
relates to the recordkeeping requirements for clinker production and 
kiln feed rates. This requirement was added in the 2010 final 
amendments and was not removed or revised in subsequent amendments to 
the rule. This rulemaking restores this provision in the regulatory 
text to ensure that the regulated community has a clear understanding 
of the applicable compliance requirements.

III. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders 
can be found at http://www2.epa.gov/laws-regulations/laws-and-executive-orders.

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

    This action is not a significant regulatory action and was, 
therefore, not submitted to the Office of Management and Budget (OMB) 
for review.

B. Paperwork Reduction Act (PRA)

    This action does not impose any new information collection burden 
under the PRA. OMB has previously approved the information collection 
activities contained in the existing regulation (40 CFR part 63, 
subpart RRR) and has assigned OMB control number 2060-0416. This action 
does not change the information collection requirements.

C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic 
impact on a substantial number of small entities under the RFA. This 
action will not impose any requirements on small entities. This action 
does not create any new requirements or burdens and no costs are 
associated with this direct final action.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain an unfunded mandate as described in 
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect 
small governments. The action imposes no enforceable duty on any state, 
local, or tribal governments or the private sector.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have 
substantial direct effects on the states, on the relationship between 
the national government and the states, or on the distribution of power 
and responsibilities among the various levels of government.

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

    This action does not have tribal implications, as specified in 
Executive Order 13175. It will neither impose substantial direct 
compliance costs on federally recognized tribal governments, nor 
preempt tribal law. The EPA is aware of one tribally owned Portland 
cement facility currently subject to 40 CFR part 63, subpart LLL that 
will be subject to this direct final rule. However, the provisions of 
this direct final rule are not expected to impose new or substantial 
direct compliance costs on Tribal governments since the provisions in 
this direct final rule are

[[Page 48359]]

adding an alternative to the HCl monitoring provisions, adding an 
option which provides operational flexibility. 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 as applying to those 
regulatory actions that concern environmental health or safety risks 
that the EPA has reason to believe may disproportionately affect 
children, per the definition of ``covered regulatory action'' in 
section 2-202 of the Executive Order. This action is not subject to 
Executive Order 13045 because it does not concern an environmental 
health risk or safety risk.

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

    This action is not subject to Executive Order 13211 because it is 
not a significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act (NTTAA)

    This rulemaking does not involve technical standards.

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

    The EPA believes that this action does not have disproportionately 
high and adverse human health or environmental effects on minority 
populations, low-income populations, or indigenous peoples, as 
specified in Executive Order 12898 (59 FR 7629, February 16, 1994). 
This action does not affect the level of protection provided to human 
health or the environment.

K. Congressional Review Act (CRA)

    This action is subject to the CRA, and the EPA will submit a rule 
report to each House of the Congress and to the Comptroller General of 
the United States. This action is not a ``major rule'' as defined by 5 
U.S.C. 804(2).

List of Subjects in 40 CFR Part 63

    Environmental protection, Administrative practice and procedures, 
Air pollution control, Hazardous substances, Intergovernmental 
relations, Reporting and recordkeeping requirements.

    Dated: July 14, 2016.
Gina McCarthy,
Administrator.
    For the reasons stated in the preamble, the Environmental 
Protection Agency is amending title 40, chapter I, part 63 of the Code 
of Federal Regulations (CFR) as follows:

PART 63--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS 
FOR SOURCE CATEGORIES

0
1. The authority citation for part 63 continues to read as follows:

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

Subpart LLL--National Emission Standards for Hazardous Air 
Pollutants for the Portland Cement Manufacturing Industry

0
2. Section 63.1349 is amended by adding paragraph (b)(6)(v) to read as 
follows:


Sec.  63.1349  Performance testing requirements.

* * * * *
    (b) * * *
    (6) * * *
    (v) As an alternative to paragraph (b)(6)(ii) of this section, the 
owner or operator may demonstrate initial compliance by conducting a 
performance test using Method 321 of appendix A to this part. You must 
also monitor continuous performance through use of an HCl CPMS 
according to paragraphs (b)(6)(v)(A) through (H) of this section. For 
kilns with inline raw mills, compliance testing and monitoring HCl to 
establish the site specific operating limit must be conducted during 
both raw mill on and raw mill off conditions.
    (A) For your HCl CPMS, you must establish a 30 kiln operating day 
site-specific operating limit. If your HCl performance test 
demonstrates your HCl emission levels to be less than 75 percent of 
your emission limit (2.25 ppmvd @7% O2), you must use the 
time weighted average HCl CPMS indicated value recorded during the HCl 
compliance test (typically measured as ppmvw HCl at stack O2 
concentration, but a dry, oxygen corrected value would also suffice), 
your HCl instrument zero output value, and the time weighted average 
HCl result of your compliance test to establish your operating limit. 
If your HCl compliance test demonstrates your HCl emission levels to be 
at or above 75 percent of your emission limit (2.25 ppmvd @7% 
O2), you must use the time weighted average HCl CPMS 
indicated value recorded during the HCl compliance test as your 
operating limit. You must use the HCl CPMS indicated signal data to 
demonstrate continuous compliance with your operating limit.
    (1) Your HCl CPMS must provide a ppm HCl concentration output and 
the establishment of its relationship to manual reference method 
measurements must be determined in units of indicated ppm. The 
instrument signal may be in ppmvw or ppmvd and the signal may be a 
measurement of HCl at in-stack concentration or a corrected oxygen 
concentration. Once the relationship between the indicated output of 
the HCl CPMS and the reference method test results is established, the 
HCl CPMS instrument measurement basis (ppmvw or ppmvd, or oxygen 
correction basis) must not be altered. Likewise, any setting that 
impacts the HCl CPMS indicated HCl response must remain fixed after the 
site-specific operating limit is set.
    (2) Your HCl CPMS operating range must be capable of reading HCl 
concentrations from zero to a level equivalent to 125 percent of the 
highest expected value during mill off operation. If your HCl CPMS is 
an auto-ranging instrument capable of multiple scales, the primary 
range of the instrument must be capable of reading an indicated HCl 
concentration from zero to 10 ppm.
    (3) During the initial performance test of a kiln with an inline 
raw mill, or any such subsequent performance test that demonstrates 
compliance with the HCl limit, record and average the indicated ppm HCl 
output values from the HCl CPMS for each of the six periods 
corresponding to the compliance test runs (e.g., average each of your 
HCl CPMS output values for six corresponding Method 321 test runs). 
With the average values of the six test runs, calculate the average of 
the three mill on test runs and the average of the three mill off test 
runs. Calculate the time weighted result using the average of the three 
mill on tests and the average of the three mill off tests and the 
previous annual ratio of mill on/mill off operations. Kilns without an 
inline raw mill will conduct three compliance tests and calculate the 
average monitor output values corresponding to these three test runs 
and not use time weighted values to determine their site specific 
operating limit.
    (B) Determine your operating limit as specified in paragraphs 
(b)(6)(i) or (iii) of this section. If your HCl performance test 
demonstrates your HCl emission levels to be below 75 percent of your 
emission limit, kilns with inline raw mills will use the time weighted 
average indicated HCl ppm concentration CPMS

[[Page 48360]]

value recorded during the HCl compliance test, the zero value output 
from your HCl CPMS, and the time weighted average HCl result of your 
compliance test to establish your operating limit. Kilns without inline 
raw mills will not use a time weighted average value to establish their 
operating limit. If your time weighted HCl compliance test demonstrates 
your HCl emission levels to be at or above 75 percent of your emission 
limit, you will use the time weighted HCl CPMS indicated ppm value 
recorded during the HCl compliance test to establish your operating 
limit. Kilns without inline raw mills will not use time weighted 
compliance test results to make this determination. You must verify an 
existing operating limit or establish a new operating limit for each 
kiln, after each repeated performance test.
    (C) If the average of your three Method 321 compliance test runs 
(for kilns without an inline raw mill) or the time weighted average of 
your six Method 321 compliance test runs (for an kiln with an inline 
raw mill) is below 75 percent of your HCl emission limit, you must 
calculate an operating limit by establishing a relationship of the 
average HCl CPMS indicated ppm to the Method 321 test average HCl 
concentration using the HCl CPMS instrument zero, the average HCl CPMS 
indicated values corresponding to the three (for kilns without inline 
raw mills) or time weighted HCl CPMS indicated values corresponding to 
the six (for kilns with inline raw mills) compliance test runs, and the 
average HCl concentration (for kilns without raw mills) or average time 
weighted HCl concentration (for kilns with inline raw mills) from the 
Method 321 compliance test with the procedures in paragraphs 
(b)(6)(v)(C)(1) through (5) of this section.
    (1) Determine your HCl CPMS instrument zero output with one of the 
following procedures:
    (i) Zero point data for in situ instruments should be obtained by 
removing the instrument from the stack and monitoring ambient air on a 
test bench.
    (ii) If neither of the steps in paragraphs (b)(6)(v)(C)(1)(i) 
through (ii) of this section are possible, you must use a zero output 
value provided by the manufacturer.
    (2) If your facility does not have an inline raw mill you will 
determine your HCl CPMS indicated average in HCl ppm, and the average 
of your corresponding three HCl compliance test runs, using equation 
11a.
[GRAPHIC] [TIFF OMITTED] TR25JY16.018


Where:

Xi = The HCl CPMS data points for the three (or six) runs 
constituting the performance test;
Yi = The HCl concentration value for the three (or six) 
runs constituting the performance test; and
n = The number of data points.

    (3) You will determine your HCl CPMS indicated average in HCl ppm, 
and the average of your corresponding HCl compliance test runs, using 
equation 11b. If you have an inline raw mill, use this same equation to 
calculate a second three-test average for your mill off CPMS and 
compliance test data.
[GRAPHIC] [TIFF OMITTED] TR25JY16.019


Where:

Xi = The HCl CPMS data points for the three runs 
constituting the mill on OR mill off performance test;
Yi = The HCl concentration value for the three runs 
constituting the mill on OR mill off performance test; and
n = The number of data points.

    (4) With your instrument zero expressed in ppm, your average HCl 
CPMS ppm value, and your HCl compliance test average, determine a 
relationship of performance test HCl (as ppmvd @7% O2) 
concentration per HCl CPMS indicated ppm with Equation 11c.
[GRAPHIC] [TIFF OMITTED] TR25JY16.020


Where:

R = The relative performance test concentration per indicated ppm 
for your HCl CPMS;
Y1 = The average HCl concentration as ppmvd @7% 
O2 during the performance test;
X1 = The average indicated ppm output from your HCl CPMS; 
and
z = The ppm of your instrument zero determined from paragraph 
(b)(6)(v)(C)(1) of this section.

    (5) Determine your source specific 30 kiln operating day operating 
limit using HC1 CPMS indicated value from Equation 11c in Equation 11d, 
below. This sets your operating limit at the HC1 CPMS output value 
corresponding to 75 percent of your emission limit.

[[Page 48361]]

[GRAPHIC] [TIFF OMITTED] TR25JY16.021


Where:

Ol = The operating limit for your HCl CPMS on a 30 kiln 
operating day average, as indicated ppm;
L = 3 ppmvd @7% O2;
z = Your instrument zero, determined from paragraph (b)(6)(v)(C)(1) 
of this section ; and
R = The relative performance test concentration per indicated ppm 
for your HCl CPMS, from Equation 11c.

    (D) If the average of your HCl compliance test runs is at or above 
75 percent of your HCl emission limit (2.25 [email protected]% O2) you 
must determine your operating limit by averaging the HCl CPMS output 
corresponding to your HCl performance test runs that demonstrate 
compliance with the emission limit using Equation 11e.
[GRAPHIC] [TIFF OMITTED] TR25JY16.022


Where:

Oh = Your site specific HCl CPMS operating limit, in 
indicated ppm.
Xi = The HCl CPMS data points for all runs i.
n = The number of data points.

    (E) To determine continuous compliance with the operating limit, 
you must record the HCl CPMS indicated output data for all periods when 
the process is operating and use all the HCl CPMS data for calculations 
when the source is not out of control. You must demonstrate continuous 
compliance with the operating limit by using all quality-assured hourly 
average data collected by the HCl CPMS for all operating hours to 
calculate the arithmetic average operating parameter in units of the 
operating limit (ppmvw) on a 30 kiln operating day rolling average 
basis, updated at the end of each new kiln operating day. Use Equation 
11f to determine the 30 kiln operating day average.
[GRAPHIC] [TIFF OMITTED] TR25JY16.023


Where:

30 kiln operating day parameter average = The average indicated 
value for the CPMS parameter over the previous 30 days of kiln 
operation;
Hpvi = The hourly parameter value for hour i; and
n = The number of valid hourly parameter values collected over 30 
kiln operating days.

    (F) If you exceed the 30 kiln operating day operating limit, you 
must evaluate the control system operation and re-set the operating 
limit.
    (G) The owner or operator of a kiln with an inline raw mill and 
subject to limitations on HCl emissions must demonstrate initial 
compliance by conducting separate performance tests while the raw mill 
is on and while the raw mill is off. Using the fraction of time the raw 
mill is on calculate your HCl CPMS limit as a weighted average of the 
HCl CPMS indicated values measured during raw mill on and raw mill off 
compliance testing using Equation 11g.
[GRAPHIC] [TIFF OMITTED] TR25JY16.024


Where:

R = HCl CPMS operating limit;
b = Average indicated HCl CPMS value during mill on operations, ppm;
t = Fraction of operating time with mill on;
a = Average indicated HCl CPMS value during mill off operations ppm; 
and
(1-t) = Fraction of operating time with mill off.

(H) Paragraph (b)(6)(v) of this section expires on July 25, 2017 at 
which time the owner or operator must demonstrate compliance with 
paragraphs (b)(6)(i), (ii), or (iii).
* * * * *

0
3. Section 63.1350 is amended by adding paragraph (l)(4) to read as 
follows:


Sec.  63.1350  Monitoring requirements.

* * * * *
    (l) * * *
    (4) If you monitor continuous performance through the use of an HCl 
CPMS according to paragraphs (b)(6)(v)(A) through (H) of Sec.  63.1349, 
for any exceedance of the 30 kiln operating day HCl CPMS average value 
from the established operating limit, you must:
    (i) Within 48 hours of the exceedance, visually inspect the APCD;
    (ii) If inspection of the APCD identifies the cause of the 
exceedance, take corrective action as soon as possible and return the 
HCl CPMS measurement to within the established value; and
    (iii) Within 30 days of the exceedance or at the time of the annual 
compliance test, whichever comes first, conduct an HCl emissions 
compliance test to determine compliance with the HCl emissions limit 
and to verify or reestablish the HCl CPMS operating

[[Page 48362]]

limit within 45 days. You are not required to conduct additional 
testing for any exceedances that occur between the time of the original 
exceedance and the HCl emissions compliance test required under this 
paragraph.
    (iv) HCl CPMS exceedances leading to more than four required 
performance tests in a 12-month process operating period (rolling 
monthly) constitute a presumptive violation of this subpart.
* * * * *

0
4. Section 63.1355 is amended by adding paragraph (e) to read as 
follows:


Sec.  63.1355  Recordkeeping requirements.

* * * * *
    (e) You must keep records of the daily clinker production rates and 
kiln feed rates.
* * * * *
[FR Doc. 2016-17293 Filed 7-22-16; 8:45 am]
 BILLING CODE 6560-50-P