August
4,
2004
MEMORANDUM
SUBJECT:
Inadvertent
Errors
in
the
Final
NESHAP
for
Industrial,
Commercial,
and
Institutional
Boilers
and
Process
Heaters
FROM:
Jeffrey
R.
Holmstead
(
6101A)
Assistant
Administrator
Lisa
K.
Friedman
(
2344A)
Associate
General
Counsel
Air
and
Radiation
Law
Office
TO:
The
Administrator
(
1101A)

A
number
of
inadvertent
errors
were
made
in
the
process
of
preparing
the
signature
package
for
the
final
national
emission
standards
for
hazardous
air
pollutants
(
NESHAP)
for
industrial,
commercial,
and
institutional
boilers
and
process
heaters
that
was
signed
on
February
26,
2004.
All
of
the
significant
corrections
are
listed
below.

Preamble:

°
Page
2,
the
EFFECTIVE
DATE
section
was
revised
to
add
the
sentence
"
The
incorporation
by
reference
of
certain
publications
listed
in
the
final
rule
is
approved
by
the
Director
of
the
Federal
Register
as
of
[
INSERT
DATE
OF
PUBLICATION
OF
THE
FINAL
RULE
IN
THE
FEDERAL
REGISTER]."

°
Page
4,
the
Docket
ID
Number
was
corrected
to
OAR­
2002­
0058.

°
Page
29,
section
D,
"
this
preamble"
was
removed
and
replaced
with
"
the
final
rule."

°
Page
37,
last
sentence
of
paragraph
1,
"
If
you
can
demonstrate
compliance
with
the
PM,
mercury,
or
metals
limits
but
cannot
demonstrate
compliance
with
the
opacity
operating
limit,
then
you
can
establish
a
site­
specific
maximum
opacity
operating
limit
using
data
from
a
continuous
opacity
monitoring
system
and
calculated
from
the
average
opacity
for
each
individual
test
run."
was
removed.
The
corresponding
language
in
the
rule
was
removed
prior
to
signature.
2
°
Page
57,
section
E,
1st
sentence,
"
new
small
gaseous
fuel
subcategory"
was
moved
to
2nd
sentence
to
be
consistent
with
rule
text.

°
Page
131,
1st
full
paragraph,
3rd
sentence,
"
Furthermore,
EPA
has
no
intentions
of
reopening
previously
promulgated
NESHAP
in
light
of
decisions
made
specific
to
the
Boilers
source
category"
was
removed.
The
Office
of
Management
and
Budget
(
OMB)
requested
on
the
evening
before
signature
that
this
sentence
be
deleted.
We
agreed
to
this
deletion,
but
failed
to
remove
this
statement.

°
Page
151,
2nd
full
paragraph,
the
title
of
the
memorandum
"
Methodology
and
Results
of
Estimating
the
Cost
of
Complying
with
the
Industrial,
Commercial,
and
Institutional
Boiler
and
Process
Heater
NESHAP"
was
removed
and
replaced
with
"
Methodology
for
Estimating
Control
Cost
for
the
Industrial,
Commercial,
and
Institutional
Boilers
and
Process
Heaters
National
Emission
Standards
for
Hazardous
Air
Pollutants."

°
Page
189,
last
sentence
of
top
paragraph,
"
and
10"
was
inserted
between
"
Method
3A"
and
"
for
identifying
carbon
monoxide."

°
Page
192,
"
Incorporation
by
reference"
is
added
to
the
List
of
Subjects
in
40
CFR
Part
63.

Regulatory
Text:

°
Pages
193
to
196,
under
§
63.14
Incorporation
by
Reference
all
the
subparagraphs
were
renumbered
and
revised
as
requested
by
the
Office
of
the
Federal
Register.

°
Page
200,
under
§
63.7491(
a),
"
subpart
Eb"
was
inserted.

°
Pages
202,
212,
213,
255,
and
256,
"
60
DAYS
AFTER
DATE"
was
inserted
in
the
statement
"[
INSERT
THE
DATE
OF
PUBLICATION
OF
THE
FINAL
RULE
IN
THE
FEDERAL
REGISTER]."
As
stated
correctly
in
the
preamble,
the
effective
date
of
the
final
rule
is
60
days
after
publication
and
not
the
date
of
publication.

°
Page
204,
§
63.7499(
b)
was
removed.
The
paragraph
"
If
you
change
an
existing
boiler
or
process
heater
in
the
large
solid
fuel
subcategory
such
that
its
applicable
subcategory
also
changes,
and
the
change
does
not
meet
the
definition
of
reconstruction
as
defined
in
subpart
A
of
this
part,
you
may
choose
to
meet
the
applicable
emission
limits
for
the
original
large
solid
fuel
subcategory."
was
originally
included
to
address
provisions
in
the
emission
averaging
compliance
alternative.
When
we
removed
the
provisions
in
emission
averaging
which
allowed
averaging
between
subcategories,
we
failed
to
remove
this
paragraph
in
§
63.7499.
This
provision
serves
no
purpose
other
than
to
facilitate
averaging
between
subcategories.
Since
we
clearly
intended
to
change
the
rule
language
so
as
to
preclude
averaging
between
subcategories,
the
failure
to
remove
this
provision
was
indeed
3
an
inadvertent
error.

°
Page
207,
1st
sentence
in
§
63.7506(
a),
"
one
of
the
liquid
fuel
subcategories"
and
"
the
small
liquid
fuel
subcategory"
were
removed.

°
Page
208,
last
sentence
in
§
63.7506(
a),
"
and
meet
the
CO
work
practice
standard
in
Table
1"
is
inserted
to
clarify
that
these
units
still
must
comply
with
the
CO
limit.

°
Page
209,
both
sentences
in
§
63.7506(
b)(
3),
"
or
reconstructed"
is
inserted
between
"
New"
and
"
small
liquid
fuel
units."

°
Page
210,
§
63.7506(
c)(
4),
"
and
reconstructed"
is
inserted
between
"
New"
and
"
small."

°
Page
212,
§
63.7510(
e),
"
180"
was
removed
and
replaced
with
"
60"
to
be
consistent
with
the
effective
date
of
the
rule.

°
Page
217,
§
63.7521(
b)(
1),
"
180"
was
removed
and
replaced
with
"
60"
to
be
consistent
with
§
63.7(
c)(
iv)
of
the
General
Provisions
regarding
submittal
of
site­
specific
test
plan.

°
Page
226,
§
63.7522(
g),
"
paragraphs
(
f)(
1)"
is
revised
to
"
paragraphs
(
g)(
1)."

°
Page
236,
§
63.7530(
a),
"
8"
was
removed
to
read
as
"
Tables
5
and
7."

°
Pages
248
to
263,
the
equation
numbers
cited
in
various
paragraphs
of
§
63.7540
and
§
63.7550
were
increased
by
4.

°
Pages
256
and
257,
§
63.7545(
c),
"(
3)"
was
removed
and
replaced
with
"(
4)
and
(
5),"
"
120
"
was
removed
and
replaced
with
"
15,"
and
"
you
become
subject
to
this
subpart"
was
removed
and
replaced
with
"
the
actual
date
of
startup
of
the
affected
source."
Changes
were
needed
to
be
consistent
with
the
revised
General
Provisions.
Subparagraphs
(
c)(
1)
and
(
c)(
2)
and
the
last
sentence
of
paragraph
(
c)
were
removed
because
they
were
redundant
with
§
63.7545(
b).

°
Page
257,
§
63.7545(
d),
"
as
required
in
§
63.7(
b)(
1)"
was
removed
to
be
consistent
with
the
rule.

°
Page
274,
§
63.7570(
b)(
1),
"
through
(
c)"
was
removed
and
replaced
with
"
and
(
b)."

°
Pages
276,
278,
and
285,
"(
incorporated
by
reference,
see
§
63.14)"
was
added
into
the
definitions
of
coal,
distillate
oil,
and
residual
oil,
as
requested
by
the
Office
of
the
Federal
Register.

°
Page
288,
Table
1,
"
and
work
practice
standards"
was
inserted
after
"
applicable
emission
4
limits."

°
Pages
289
and
291,
paragraphs
1,
2,
3,
9,
and
10,
"/
hr"
was
removed
from
the
unit
of
the
emission
limit
for
Total
Selected
Metals.

°
Pages
298
to
305,
Tables
5
and
6,
"(
IBR,
see
§
63.14(
b))"
was
added,
as
appropriate
to
the
cited
ASTM
test
methods,
as
requested
by
the
Office
of
the
Federal
Register.

°
Page
302,
paragraph
5
of
Table
5,
subparagraphs
(
b)
and
(
f)
were
removed,
and
remaining
subparagraphs
renumbered,
and
"
or
ASTM
D6522­
00
when
the
fuel
is
natural
gas"
was
added
to
be
consistent
with
the
intent
of
the
rule.

°
Page
307,
paragraph
1.
c
was
removed.
The
rule
text
that
1.
c
refers
to
was
removed
prior
to
signature.

°
Page
314,
Table
9,
paragraph
2,
"
and
the
source
exceeds
any
applicable
emission
limitation
in
the
relevant
emission
standard"
was
added
to
be
consistent
with
the
revised
General
Provisions.

°
Page
322,
§
63.7(
b)(
1)
of
Table
10,
"
Yes"
was
removed
and
replaced
with
"
No"
to
be
consistent
with
the
rule.

°
Page
329,
§
63.9(
e)
of
Table
10,
"
Yes"
was
removed
and
replaced
with
"
No"
to
be
consistent
with
the
rule.

°
Page
337,
1st
paragraph
of
section
3,
"
that
emits
either
HCl
or
Cl2"
was
added
to
be
consistent
with
the
intent
of
Appendix
A
that
only
sources
emitting
HCl
or
Cl2
be
included.

°
Page
337,
2nd
paragraph
of
section
3,
"
that
emits
manganese"
was
added
to
be
consistent
with
the
intent
of
Appendix
A
that
only
sources
emitting
manganese
be
included.

°
Page
337,
section
4(
a),
"
or
fuel
analysis"
was
added
after
"
HAP
emissions
tests"
to
be
consistent
with
the
rule
which
allows
the
use
of
fuel
analyses
to
demonstrate
compliance.

°
Page
337,
2nd
paragraph
of
section
4(
a),
the
sentence
"
When
conducting
fuel
analysis,
you
must
assume
any
chlorine
detected
will
be
emitted
as
Cl2"
was
inserted
to
clarify
the
worst­
case
condition
for
the
fuel
analysis
results.

°
Page
338,
equation
1,
"
AveWeightedEmissions"
was
removed
and
replaced
with
"
MaxHourlyEmissions"
and
the
denominator
"
Hm"
was
removed.

°
Page
338,
equation
1,
"
or
the
pollutant
concentration
in
the
fuel
samples
analyzed
5
according
to
§
63.7521"
was
added
to
the
term
"
Er"
to
be
consistent
with
the
rule.

°
Page
340,
section
6(
a),
"
a
subpart
DDDDD
average
value"
is
removed
and
replaced
with
"
an
average
value
for
the
appropriate
subpart
DDDDD
emission
points"
and
"
appropriate"
is
inserted
between
"
minimum
distance
between
any"
and
"
subpart
DDDDD
stack"
to
clarify
our
intent
that
only
sources
emitting
the
specific
HAP
be
included.
Also
the
sentence
"
Appropriate
emission
points
and
stacks
are
those
that
emit
HCl
and/
or
CL2"
is
added.

°
Page
340,
section
6(
b),
"
a
subpart
DDDDD
average
value"
is
removed
and
replaced
with
"
an
average
value
for
the
appropriate
subpart
DDDDD
emission
points"
and
"
appropriate"
is
inserted
between
"
minimum
distance
between
any"
and
"
subpart
DDDDD
stack"
to
clarify
our
intent
that
only
sources
emitting
the
specific
HAP
be
included.
Also
the
sentence
"
Appropriate
emission
points
and
stacks
are
those
that
emit
manganese"
is
added.

°
Page
341,
paragraph
7(
a)
,
added
"
or
equal
to,"
so
that
it
reads
as
follows:
"
Your
facility
is
eligible
for
the
HCl
alternative
compliance
option
if
your
site­
specific
compliance
demonstration
shows
that
the
maximum
HI
for
HC1
and
Cl2
from
your
subpart
DDDDD
sources
is
less
than
or
equal
to
1.0."

°
Page
341,
paragraph
7(
b)
,
added
"
or
equal
to,"
so
that
it
reads
as
follows:
"
Your
facility
is
eligible
for
the
TSM
alternative
compliance
option
if
your
site­
specific
compliance
demonstration
shows
that
the
maximum
HQ
for
manganese
from
your
subpart
DDDDD
sources
is
less
than
or
equal
to
1.0."

°
Page
343,
2nd
sentence
of
paragraph
8(
a)(
3),
"
For
those
emissions
which
are
not
measured
but
are
included
in
the
assessment,
the
calculation
method
used,
the
inputs
and
outputs
of
any
estimation
developed,
and
any
supporting
references
should
be
included
in
the
documentation."
was
removed.
Also,
the
sentence,
"
Fuel
analyses
for
each
fuel
and
emission
point
which
has
been
conducted
including
collection
and
analytical
methods
used"
is
added.

°
Page
343,
paragraphs
(
b)(
1)
and
(
b)(
2),
"
that
emit
either
manganese
or
HCl
and
Cl2"
was
added
to
end
of
the
sentence.

°
Page
344,
last
sentence
of
paragraph
9(
a),
"
electronic
mail
address
REAG@
epa.
gov"
was
added
at
the
end
of
the
sentence.

°
Page
345,
1st
sentence
of
paragraph
(
9)(
c)(
2),
"
or
fuel
analysis"
is
inserted
between
"
emission
tests"
and
"
specified."

°
Page
345,
1st
sentence
of
section
10
and
paragraph
11(
a),
"
fuel
mix
(
annual
average)"
is
6
inserted
under
the
listed
parameters.

°
Page
345,
1st
sentence
of
section
10,
"
submitted
for
incorporation"
is
added
before
"
as
Federally
enforceable"
to
clarify
our
intent
that
the
parameters
defining
the
affected
source
must
be
submitted
for
incorporation
into
the
permit
by
the
due
date
for
the
eligibility
demonstration.

°
Page
346,
1st
sentence
of
paragraph
11(
b),
"
or
fuel
analysis"
is
inserted
between
"
emission
testing"
and
"
according."
°
°
Tables
2
and
3
in
Appendix
A,
some
of
the
values
were
revised
slightly.

We
recommend
that
you
correct
these
inadvertent
errors
and
approve
these
changes
by
signing
and
dating
below.

______________________________________
__________________
Michael
O.
Leavitt
Date
OAQPS/
ESD/
CG:
JEDDINGER/
x5426/
dkh/
C451L/
C439­
01/
07/
28/
04
