---
kind: "range"
citation: "40 C.F.R. §§ 52.41–52.46"
title: "40"
from: "52.41"
to: "52.46"
count: 6
url: "https://uscodex.org/cfr/40/52.41..52.46"
---

# §52.41. What are the requirements of the Federal Implementation Plans (FIPs) relating to ozone season emissions of nitrogen oxides from the Pipeline Transportation of Natural Gas Industry?

- (a) **Definitions.** All terms not defined in this [paragraph (a)](#a) shall have the meaning given to them in the Act and in [subpart A](/cfr/40/subpartA.md) of [40 CFR part 60](/cfr/40/part60.md).

  Affected unit means an engine meeting the applicability criteria of this section.

  Cap means the total amount of NOX emissions, in tons per day on a 30-day rolling average basis, that is collectively allowed from all of the affected units covered by a Facility-Wide Averaging Plan and is calculated as the sum each affected unit's NOX emissions at the emissions limit applicable to such unit under [paragraph (c)](#c) of this section, converted to tons per day in accordance with [paragraph (d)(3)](#d-3) of this section.

  Emergency engine means any stationary reciprocating internal combustion engine (RICE) that meets all of the criteria in paragraphs [(i)](#a-i) and [(ii)](#a-ii) of this definition. All emergency stationary RICE must comply with the requirements specified in [paragraph (b)(1)](#b-1) of this section in order to be considered emergency engines. If the engine does not comply with the requirements specified in [paragraph (b)(1)](#b-1), it is not considered an emergency engine under this section.

  - (i) The stationary engine is operated to provide electrical power or mechanical work during an emergency situation. Examples include stationary RICE used to produce power for critical networks or equipment (including power supplied to portions of a facility) when electric power from the local utility (or the normal power source, if the facility runs on its own power production) is interrupted, or stationary RICE used to pump water in the case of fire or flood, etc.
  - (ii) The stationary RICE is operated under limited circumstances for purposes other than those identified in [paragraph (i)](#a-i) of this definition, as specified in [paragraph (b)(1)](#b-1) of this section.

    Facility means all of the pollutant-emitting activities which belong to the same industrial grouping, are located on one or more contiguous or adjacent properties, and are under the control of the same person (or persons under common control). Pollutant-emitting activities shall be considered as part of the same industrial grouping if they belong to the same “Major Group” (i.e., which have the same first two digit code as described in the Standard Industrial Classification Manual, 1987). For purposes of this section, a facility may not extend beyond the 20 states identified in [§ 52.40(b)(2)](/cfr/40/52.40.md?p=b-2).

    Four stroke means any type of engine which completes the power cycle in two crankshaft revolutions, with intake and compression strokes in the first revolution and power and exhaust strokes in the second revolution.

    ISO conditions means 288 Kelvin (15 °C), 60 percent relative humidity, and 101.3 kilopascals pressure.

    Lean burn means any two-stroke or four-stroke spark ignited reciprocating internal combustion engine that does not meet the definition of a rich burn engine.

    Local Distribution Companies (LDCs) are companies that own or operate distribution pipelines, but not interstate pipelines or intrastate pipelines, that physically deliver natural gas to end users and that are within a single state that are regulated as separate operating companies by State public utility commissions or that operate as independent municipally-owned distribution systems. LDCs do not include pipelines (both interstate and intrastate) delivering natural gas directly to major industrial users and farm taps upstream of the local distribution company inlet.

    Local Distribution Company (LDC) custody transfer station means a metering station where the LDC receives a natural gas supply from an upstream supplier, which may be an interstate transmission pipeline or a local natural gas producer, for delivery to customers through the LDC's intrastate transmission or distribution lines.

    Nameplate rating means the manufacturer's maximum design capacity in horsepower (hp) at the installation site conditions. Starting from the completion of any physical change in the engine resulting in an increase in the maximum output (in hp) that the engine is capable of producing on a steady state basis and during continuous operation, such increased maximum output shall be as specified by the person conducting the physical change.

    Natural gas means a fluid mixture of hydrocarbons (e.g., methane, ethane, or propane) or non-hydrocarbons, composed of at least 70 percent methane by volume or that has a gross calorific value between 35 and 41 megajoules (MJ) per dry standard cubic meter (950 and 1,100 Btu per dry standard cubic foot), that maintains a gaseous state under ISO conditions. Natural gas does not include the following gaseous fuels: Landfill gas, digester gas, refinery gas, sour gas, blast furnace gas, coal-derived gas, producer gas, coke oven gas, or any gaseous fuel produced in a process which might result in highly variable CO2 content or heating value.

    Natural gas-fired means that greater than or equal to 90% of the engine's heat input, excluding recirculated or recuperated exhaust heat, is derived from the combustion of natural gas.

    Natural gas processing plant means any processing site engaged in the extraction of natural gas liquids from field gas, fractionation of mixed natural gas liquids to natural gas products, or both. A Joule-Thompson valve, a dew point depression valve, or an isolated or standalone Joule-Thompson skid is not a natural gas processing plant.

    Natural gas production facility means all equipment at a single stationary source directly associated with one or more natural gas wells upstream of the natural gas processing plant. This equipment includes, but is not limited to, equipment used for storage, separation, treating, dehydration, artificial lift, combustion, compression, pumping, metering, monitoring, and flowline.

    Operating day means a 24-hour period beginning at 12:00 midnight during which any fuel is combusted at any time in the engine.

    Pipeline transportation of natural gas means the movement of natural gas through an interconnected network of compressors and pipeline components, including the compressor and pipeline network used to transport the natural gas from processing plants over a distance (intrastate or interstate) to and from storage facilities, to large natural gas end-users, and prior to delivery to a “local distribution company custody transfer station” (as defined in this section) of an LDC that provides the natural gas to end-users. Pipeline transportation of natural gas does not include natural gas production facilities, natural gas processing plants, or the portion of a compressor and pipeline network that is upstream of a natural gas processing plant.

    Reciprocating internal combustion engine (RICE) means a reciprocating engine in which power, produced by heat and/or pressure that is developed in the engine combustion chambers by the burning of a mixture of air and fuel, is subsequently converted to mechanical work.

    Rich burn means any four-stroke spark ignited reciprocating internal combustion engine where the manufacturer's recommended operating air/fuel ratio divided by the stoichiometric air/fuel ratio at full load conditions is less than or equal to 1.1. Internal combustion engines originally manufactured as rich burn engines but modified with passive emissions control technology for nitrogen oxides (NOX) (such as pre-combustion chambers) will be considered lean burn engines. Existing affected unit where there are no manufacturer's recommendations regarding air/fuel ratio will be considered rich burn engines if the excess oxygen content of the exhaust at full load conditions is less than or equal to 2 percent.

    Spark ignition means a reciprocating internal combustion engine utilizing a spark plug (or other sparking device) to ignite the air/fuel mixture and with operating characteristics significantly similar to the theoretical Otto combustion cycle.

    Stoichiometric means the theoretical air-to-fuel ratio required for complete combustion.

    Two stroke means a type of reciprocating internal combustion engine which completes the power cycle in a single crankshaft revolution by combining the intake and compression operations into one stroke (one-half revolution) and the power and exhaust operations into a second stroke. This system requires auxiliary exhaust scavenging of the combustion products and inherently runs lean (excess of air) of stoichiometry.

- (b) **Applicability.** You are subject to the requirements under this section if you own or operate a new or existing natural gas-fired spark ignition engine, other than an emergency engine, with a nameplate rating of 1,000 hp or greater that is used for pipeline transportation of natural gas and is located within any of the States listed in [§ 52.40(c)(2)](/cfr/40/52.40.md?p=c-2), including Indian country located within the borders of any such State(s).
  - (1) For purposes of this section, the owner or operator of an emergency stationary RICE must operate the RICE according to the requirements in [paragraphs (b)(1)(i) through (iii)](#b-1-i..b-1-iii) of this section to be treated as an emergency stationary RICE. In order for stationary RICE to be treated as an emergency RICE under this subpart, any operation other than emergency operation, maintenance and testing, and operation in non-emergency situations for up to 50 hours per year, as described in [paragraphs (b)(1)(i) through (iii)](#b-1-i..b-1-iii), is prohibited. If you do not operate the RICE according to the requirements in [paragraphs (b)(1)(i) through (iii)](#b-1-i..b-1-iii), the RICE will not be considered an emergency engine under this section and must meet all requirements for affected units in this section.
    - (i) **There is no time limit on the use of emergency stationary RICE in emergency situations.**
    - (ii) The owner or operator may operate your emergency stationary RICE for maintenance checks and readiness testing for a maximum of 100 hours per calendar year, provided that the tests are recommended by a Federal, state, or local government agency, the manufacturer, the vendor, or the insurance company associated with the engine. Any operation for non-emergency situations as allowed by [paragraph (b)(1)(iii)](#b-1-iii) of this section counts as part of the 100 hours per calendar year allowed by [paragraph (b)(1)(ii)](#b-1-ii) of this section. The owner or operator may petition the Administrator for approval of additional hours to be used for maintenance checks and readiness testing, but a petition is not required if the owner or operator maintains records confirming that Federal, state, or local standards require maintenance and testing of emergency RICE beyond 100 hours per calendar year. Any approval of a petition for additional hours granted by the Administrator under [40 CFR part 63](/cfr/40/part63.md), [subpart ZZZZ](/cfr/40/subpartZZZZ.md), shall constitute approval by the Administrator of the same petition under this [paragraph (b)(1)(ii)](#b-1-ii).
    - (iii) Emergency stationary RICE may be operated for up to 50 hours per calendar year in non-emergency situations. The 50 hours of operation in non-emergency situations are counted as part of the 100 hours per calendar year for maintenance and testing provided in [paragraph (b)(1)(ii)](#b-1-ii) of this section.
  - (2) If you own or operate a natural gas-fired two stroke lean burn spark ignition engine manufactured after July 1, 2007 that is meeting the applicable emissions limits in [40 CFR part 60](/cfr/40/part60.md), [subpart JJJJ](/cfr/40/subpartJJJJ.md), table 1, the engine is not an affected unit under this section and you do not have to comply with the requirements of this section.
  - (3) If you own or operate a natural gas-fired four stroke lean or rich burn spark ignition engine manufactured after July 1, 2010, that is meeting the applicable emissions limits in [40 CFR part 60](/cfr/40/part60.md), [subpart JJJJ](/cfr/40/subpartJJJJ.md), table 1, the engine is not an affected unit under this section and you do not have to comply with the requirements of this section.
- (c) **Emissions limitations.** If you are the owner or operator of an affected unit, you must meet the following emissions limitations on a 30-day rolling average basis during the 2026 ozone season and in each ozone season thereafter:
  - (1) **Natural gas-fired four stroke rich burn spark ignition engine—** 1.0 grams per hp-hour (g/hp-hr);
  - (2) **Natural gas-fired four stroke lean burn spark ignition engine—** 1.5 g/hp-hr; and
  - (3) **Natural gas-fired two stroke lean burn spark ignition engine—** 3.0 g/hp-hr.
- (d) **Facility-Wide Averaging Plan.** If you are the owner or operator of a facility containing more than one affected unit, you may submit a request via the CEDRI or analogous electronic submission system provided by the EPA to the Administrator for approval of a proposed Facility-Wide Averaging Plan as an alternative means of compliance with the applicable emissions limits in [paragraph (c)](#c) of this section. Any such request shall be submitted to the Administrator on or before October 1st of the year prior to each emissions averaging year. The Administrator will approve a proposed Facility-Wide Averaging Plan submitted under this [paragraph (d)](#d) if the Administrator determines that the proposed Facility-Wide Averaging Plan meets the requirements of this [paragraph (d)](#d), will provide total emissions reductions equivalent to or greater than those achieved by the applicable emissions limits in [paragraph (c)](#c), and identifies satisfactory means for determining initial and continuous compliance, including appropriate testing, monitoring, recordkeeping, and reporting requirements. You may only include affected units (i.e., engines meeting the applicability criteria in [paragraph (b)](#b) of this section) in a Facility-Wide Averaging Plan. Upon EPA approval of a proposed Facility-Wide Averaging Plan, you cannot withdraw any affected unit listed in such plan, and the terms of the plan may not be changed unless approved in writing by the Administrator.
  - (1) Each request for approval of a proposed Facility-Wide Averaging Plan shall include, but not be limited to:
    - (i) The address of the facility;
    - (ii) A list of all affected units at the facility that will be covered by the plan, identified by unit identification number, the engine manufacturer's name, and model;
    - (iii) For each affected unit, a description of any existing NOX emissions control technology and the date of installation, and a description of any NOX emissions control technology to be installed and the projected date of installation;
    - (iv) Identification of the emissions cap, calculated in accordance with [paragraph (d)(3)](#d-3) of this section, that all affected units covered by the proposed Facility-Wide Averaging Plan will be subject to during the ozone season, together with all assumptions included in such calculation; and
    - (iv) **Adequate provisions for testing, monitoring, recordkeeping, and reporting for each affected unit.**
  - (2) Upon the Administrator's approval of a proposed Facility-Wide Averaging Plan, the owner or operator of the affected units covered by the Facility-Wide Averaging Plan shall comply with the cap identified in the plan in lieu of the emissions limits in [paragraph (c)](#c) of this section. You will be in compliance with the cap if the sum of NOX emissions from all units covered by the Facility-Wide Averaging Plan, in tons per day on a 30-day rolling average basis, is less than or equal to the cap.
  - (3) The owner or operator will calculate the cap according to equation 1 to this [paragraph (d)(3)](#d-3). You will monitor and record daily hours of engine operation for use in calculating the cap on a 30-day rolling average basis. You will base the hours of operation on hour readings from a non-resettable hour meter or an equivalent monitoring device.
    - (i) Any affected unit for which less than two years of operating data are available shall not be included in the Facility-Wide Averaging Plan unless the owner or operator extrapolates the available operating data for the affected unit to two years of operating data, for use in calculating the emissions cap in accordance with [paragraph (d)(3)](#d-3) of this section.
    - (ii) [Reserved]
  - (4) The owner or operator of an affected units covered by an EPA-approved Facility-Wide Averaging Plan will be in violation of the cap if the sum of NOX emissions from all such units, in tons per day on a 30-day rolling average basis, exceeds the cap. Each day of noncompliance by each affected unit covered by the Facility-Wide Averaging Plan shall be a violation of the cap until corrective action is taken to achieve compliance.
- (e) **Testing and monitoring requirements.**
  - (1) If you are the owner or operator of an affected unit subject to a NOX emissions limit under [paragraph (c)](#c) of this section, you must keep a maintenance plan and records of conducted maintenance and must, to the extent practicable, maintain and operate the engine in a manner consistent with good air pollution control practice for minimizing emissions.
  - (2) If you are the owner or operator of an affected unit and are operating a NOX continuous emissions monitoring system (CEMS) that monitors NOX emissions from the affected unit, you may use the CEMS data in lieu of the annual performance tests and parametric monitoring required under this section. You must meet the following requirements for using CEMS to monitor NOX emissions:
    - (i) You shall install, calibrate, maintain, and operate a continuous emissions monitoring system (CEMS) for measuring NOX emissions and either oxygen (O2) or carbon dioxide (CO2).
    - (ii) The CEMS shall be operated and data recorded during all periods of operation during the ozone season of the affected unit except for CEMS breakdowns and repairs. Data shall be recorded during calibration checks and zero and span adjustments.
    - (iii) The 1-hour average NOX emissions rates measured by the CEMS shall be used to calculate the average emissions rates to demonstrate compliance with the applicable emissions limits in this section.
    - (iv) The procedures under [40 CFR 60.13](/cfr/40/60.13.md) shall be followed for installation, evaluation, and operation of the continuous monitoring systems.
    - (v) When NOX emissions data are not obtained because of CEMS breakdowns, repairs, calibration checks, and zero and span adjustments, emissions data will be obtained by using standby monitoring systems, Method 7 of [40 CFR part 60](/cfr/40/part60.md), appendix A-4, Method 7A of [40 CFR part 60](/cfr/40/part60.md), appendix A-4, or other approved reference methods to provide emissions data for a minimum of 75 percent of the operating hours in each affected unit operating day, in at least 22 out of 30 successive operating days.
  - (3)
    - (i) If you are the owner or operator of a new affected unit, you must conduct an initial performance test within six months of engine startup and conduct subsequent performance tests every twelve months thereafter to demonstrate compliance. If pollution control equipment is installed to comply with a NOX emissions limit in [paragraph (c)](#c) of this section, however, the initial performance test shall be conducted within 90 days of such installation.
    - (ii) If you are the owner or operator of an existing affected unit, you must conduct an initial performance test within six months of becoming subject to an emissions limit under [paragraph (c)](#c) of this section and conduct subsequent performance tests every twelve months thereafter to demonstrate compliance. If pollution control equipment is installed to comply with a NOX emissions limit in [paragraph (c)](#c) of this section, however, the initial performance test shall be conducted within 90 days of such installation.
    - (iii) If you are the owner or operator of a new or existing affected unit that is only operated during peak demand periods outside of the ozone season and the engine's hours of operation during the ozone season are 50 hours or less, the affected unit is not subject to the testing and monitoring requirements of this [paragraph (e)(3)(iii)](#e-3-iii) as long as you record and report your hours of operation during the ozone season in accordance with paragraphs [(f)](#f) and [(g)](#g) of this section.
    - (iv) If you are the owner or operator of an affected unit, you must conduct all performance tests consistent with the requirements of [40 CFR 60.4244](/cfr/40/60.4244.md) in accordance with the applicable reference test methods identified in table 2 to [subpart JJJJ](/cfr/40/subpartJJJJ.md) of [40 CFR part 60](/cfr/40/part60.md), any alternative test method approved by the EPA as of June 5, 2023, under 40 CFR [59.104(f)](/cfr/40/59.104.md?p=f), [60.8(b)(3)](/cfr/40/60.8.md?p=b-3), [61.13(h)(1)(ii)](/cfr/40/61.13.md?p=h-1-ii), [63.7(e)(2)(ii)](/cfr/40/63.7.md?p=e-2-ii), or [65.158(a)(2)](/cfr/40/65.158.md?p=a-2) and available at the EPA's website (https://www.epa.gov/emc/broadly-applicable-approved-alternative-test-methods), or other methods and procedures approved by the EPA through notice-and-comment rulemaking. To determine compliance with the NOX emissions limit in [paragraph (c)](#c) of this section, the emissions rate shall be calculated in accordance with the requirements of [40 CFR 60.4244(d)](/cfr/40/60.4244.md?p=d).
  - (4) If you are the owner or operator of an affected unit that has a non-selective catalytic reduction (NSCR) control device to reduce emissions, you must:
    - (i) Monitor the inlet temperature to the catalyst daily and conduct maintenance if the temperature is not within the observed inlet temperature range from the most recent performance test or the temperatures specified by the manufacturer if no performance test was required by this section; and
    - (ii) Measure the pressure drop across the catalyst monthly and conduct maintenance if the pressure drop across the catalyst changes by more than 2 inches of water at 100 percent load plus or minus 10 percent from the pressure drop across the catalyst measured during the most recent performance test.
  - (5) If you are the owner of operator of an affected unit not using an NSCR control device to reduce emissions, you are required to conduct continuous parametric monitoring to assure compliance with the applicable emissions limits according to the requirements in [paragraphs (e)(5)(i) through (vi)](#e-5-i..e-5-vi) of this section.
    - (i) You must prepare a site-specific monitoring plan that includes all of the following monitoring system design, data collection, and quality assurance and quality control elements:
      - (A) The performance criteria and design specifications for the monitoring system equipment, including the sample interface, detector signal analyzer, and data acquisition and calculations.
      - (B) Sampling interface (e.g., thermocouple) location such that the monitoring system will provide representative measurements.
      - (C) **Equipment performance evaluations, system accuracy audits, or other audit procedures.**
      - (D) Ongoing operation and maintenance procedures in accordance with the requirements of [paragraph (e)(1)](#e-1) of this section.
      - (E) Ongoing recordkeeping and reporting procedures in accordance with the requirements of paragraphs [(f)](#f) and [(g)](#g) of this section.
    - (ii) You must continuously monitor the selected operating parameters according to the procedures in your site-specific monitoring plan.
    - (iii) You must collect parametric monitoring data at least once every 15 minutes.
    - (iv) When measuring temperature range, the temperature sensor must have a minimum tolerance of 2.8 degrees Celsius (5 degrees Fahrenheit) or 1 percent of the measurement range, whichever is larger.
    - (v) You must conduct performance evaluations, system accuracy audits, or other audit procedures specified in your site-specific monitoring plan at least annually.
    - (vi) You must conduct a performance evaluation of each parametric monitoring device in accordance with your site-specific monitoring plan.
  - (6) If you are the owner or operator of an affected unit that is only operated during peak periods outside of the ozone season and your hours of operation during the ozone season are 0, you are not subject to the testing and monitoring requirements of this [paragraph (e)(6)](#e-6) so long as you record and report your hours of operation during the ozone season in accordance with paragraphs [(f)](#f) and [(g)](#g) of this section.
- (f) **Recordkeeping requirements.** If you are the owner or operator of an affected unit, you must keep records of:
  - (1) Performance tests conducted pursuant to [paragraph (e)(2)](#e-2) of this section, including the date, engine settings on the date of the test, and documentation of the methods and results of the testing.
  - (2) Catalyst monitoring required by [paragraph (e)(3)](#e-3) of this section, if applicable, and any actions taken to address monitored values outside the temperature or pressure drop parameters, including the date and a description of actions taken.
  - (3) **Parameters monitored pursuant to the facility's site-specific parametric monitoring plan.**
  - (4) **Hours of operation on a daily basis.**
  - (5) **Tuning, adjustments, or other combustion process adjustments and the date of the adjustment(s).**
  - (6) For any Facility-Wide Averaging Plan approved by the Administrator under [paragraph (d)](#d) of this section, daily calculations of total NOX emissions to demonstrate compliance with the cap during the ozone season. You must use the equation in this [paragraph (f)(6)](#f-6) to calculate total NOX emissions from all affected units covered by the Facility-Wide Averaging Plan, in tons per day on a 30-day rolling average basis, for purposes of determining compliance with the cap during the ozone season. A new 30-day rolling average emissions rate in tpd is calculated for each operating day during the ozone season, using the 30-day rolling average daily operating hours for the preceding 30 operating days.
- (g) **Reporting requirements.**
  - (1) If you are the owner or operator of an affected unit, you must submit the results of the performance test or performance evaluation of the CEMS following the procedures specified in [§ 52.40(g)](/cfr/40/52.40.md?p=g) within 60 days after completing each performance test required by this section.
  - (2) If you are the owner or operator of an affected unit, you are required to submit excess emissions reports for any excess emissions that occurred during the reporting period. Excess emissions are defined as any calculated 30-day rolling average NOX emissions rate that exceeds the applicable emissions limit in [paragraph (c)](#c) of this section. Excess emissions reports must be submitted in PDF format to the EPA via CEDRI or analogous electronic reporting approach provided by the EPA to report data required by this section following the procedures specified in [§ 52.40(g)](/cfr/40/52.40.md?p=g).
  - (3) If you are the owner or operator of an affected unit, you must submit an annual report in PDF format to the EPA by January 30th of each year via CEDRI or analogous electronic reporting approach provided by the EPA to report data required by this section. Annual reports shall be submitted following the procedures in [paragraph (g)](#g) of this section. The report shall contain the following information:
    - (i) The name and address of the owner and operator;
    - (ii) The address of the subject engine;
    - (iii) Longitude and latitude coordinates of the subject engine;
    - (iv) Identification of the subject engine;
    - (v) Statement of compliance with the applicable emissions limit under [paragraph (c)](#c) of this section or a Facility-Wide Averaging Plan under [paragraph (d)](#d) of this section;
    - (vi) Statement of compliance regarding the conduct of maintenance and operations in a manner consistent with good air pollution control practices for minimizing emissions;
    - (vii) The date and results of the performance test conducted pursuant to [paragraph (e)](#e) of this section;
    - (viii) Any records required by [paragraph (f)](#f) of this section, including records of parametric monitoring data, to demonstrate compliance with the applicable emissions limit under [paragraph (c)](#c) of this section or a Facility-Wide Averaging Plan under [paragraph (d)](#d) of this section, if applicable;
    - (ix) If applicable, a statement documenting any change in the operating characteristics of the subject engine; and
    - (x) **A statement certifying that the information included in the annual report is complete and accurate.**

# §52.42. What are the requirements of the Federal Implementation Plans (FIPs) relating to ozone season emissions of nitrogen oxides from the Cement and Concrete Product Manufacturing Industry?

- (a) **Definitions.** All terms not defined in this [paragraph (a)](#a) shall have the meaning given to them in the Act and in [subpart A](/cfr/40/subpartA.md) of [40 CFR part 60](/cfr/40/part60.md).

  Affected unit means a cement kiln meeting the applicability criteria of this section.

  Cement kiln means an installation, including any associated pre-heater or pre-calciner devices, that produces clinker by heating limestone and other materials to produce Portland cement.

  Cement plant means any facility manufacturing cement by either the wet or dry process.

  Clinker means the product of a cement kiln from which finished cement is manufactured by milling and grinding.

  Operating day means a 24-hour period beginning at 12:00 midnight during which the kiln produces clinker at any time.

- (b) **Applicability.** You are subject to the requirements of this section if you own or operate a new or existing cement kiln that emits or has the potential to emit 100 tons per year or more of NOX on or after August 4, 2023, and is located within any of the States listed in [§ 52.40(c)(2)](/cfr/40/52.40.md?p=c-2), including Indian country located within the borders of any such State(s). Any existing cement kiln with a potential to emit of 100 tons per year or more of NOX on August 4, 2023, will continue to be subject to the requirements of this section even if that unit later becomes subject to a physical or operational limitation that lowers its potential to emit below 100 tons per year of NOX.
- (c) **Emissions limitations.** If you are the owner or operator of an affected unit, you must meet the following emissions limitations on a 30-day rolling average basis during the 2026 ozone season and in each ozone season thereafter:
  - (1) **Long wet kilns—** 4.0 lb/ton of clinker;
  - (2) **Long dry kilns—** 3.0 lb/ton of clinker;
  - (3) **Preheater kilns—** 3.8 lb/ton of clinker;
  - (4) **Precalciner kilns—** 2.3 lb/ton of clinker; and
  - (5) **Preheater/Precalciner kilns—** 2.8 lb/ton of clinker.
- (d) **Testing and monitoring requirements.**
  - (1) If you are the owner or operator of an affected unit you must conduct performance tests, on an annual basis, in accordance with the applicable reference test methods of [40 CFR part 60](/cfr/40/part60.md), appendix A-4, any alternative test method approved by the EPA as of June 5, 2023, under 40 CFR [59.104(f)](/cfr/40/59.104.md?p=f), [60.8(b)(3)](/cfr/40/60.8.md?p=b-3), [61.13(h)(1)(ii)](/cfr/40/61.13.md?p=h-1-ii), [63.7(e)(2)(ii)](/cfr/40/63.7.md?p=e-2-ii), or [65.158(a)(2)](/cfr/40/65.158.md?p=a-2) and available at the EPA's website (https://www.epa.gov/emc/broadly-applicable-approved-alternative-test-methods), or other methods and procedures approved by the EPA through notice-and-comment rulemaking. The annual performance test does not have to be performed during the ozone season. You must calculate and record the 30-operating day rolling average emissions rate of NOX as the total of all hourly emissions data for a cement kiln in the preceding 30 days, divided by the total tons of clinker produced in that kiln during the same 30-operating day period, using equation 1 to this [paragraph (d)(1)](#d-1):
  - (2) If you are the owner or operator of an affected unit and are operating a NOX continuous emissions monitoring system (CEMS) that monitors NOX emissions from the affected unit, you may use the CEMS data in lieu of the annual performance tests and parametric monitoring required under this section. You must meet the following requirements for using CEMS to monitor NOX emissions:
    - (i) You shall install, calibrate, maintain, and operate a continuous emissions monitoring system (CEMS) for measuring NOX emissions and either oxygen (O2) or carbon dioxide (CO2).
    - (ii) The CEMS shall be operated and data recorded during all periods of operation during the ozone season of the affected unit except for CEMS breakdowns and repairs. Data shall be recorded during calibration checks and zero and span adjustments.
    - (iii) The 1-hour average NOX emissions rates measured by the CEMS shall be expressed in terms of lbs/ton of clinker and shall be used to calculate the average emissions rates to demonstrate compliance with the applicable emissions limits in this section.
    - (iv) The procedures under [40 CFR 60.13](/cfr/40/60.13.md) shall be followed for installation, evaluation, and operation of the continuous monitoring systems.
    - (v) When NOX emissions data are not obtained because of CEMS breakdowns, repairs, calibration checks and zero and span adjustments, emissions data will be obtained by using standby monitoring systems, Method 7 of [40 CFR part 60](/cfr/40/part60.md), appendix A-4, Method 7A of [40 CFR part 60](/cfr/40/part60.md), appendix A-4, or other approved reference methods to provide emissions data for a minimum of 75 percent of the operating hours in each affected unit operating day, in at least 22 out of 30 successive operating days.
  - (3) If you are the owner or operator of an affected unit not operating NOX CEMS, you must conduct an initial performance test before the 2026 ozone season to establish appropriate indicator ranges for operating parameters and continuously monitor those operator parameters consistent with the requirements of [paragraphs (d)(3)(i) through (v)](#d-3-i..d-3-v) of this section.
    - (i) You must monitor and record kiln stack exhaust gas flow rate, hourly clinker production rate or kiln feed rate, and kiln stack exhaust temperature during the initial performance test and subsequent annual performance tests to demonstrate continuous compliance with your NOX emissions limits.
    - (ii) You must determine hourly clinker production by one of two methods:
      - (A) Install, calibrate, maintain, and operate a permanent weigh scale system to record weight rates of the amount of clinker produced in tons of mass per hour. The system of measuring hourly clinker production must be maintained within ±5 percent accuracy; or
      - (B) Install, calibrate, maintain, and operate a permanent weigh scale system to measure and record weight rates of the amount of feed to the kiln in tons of mass per hour. The system of measuring feed must be maintained within ±5 percent accuracy. Calculate your hourly clinker production rate using a kiln specific feed-to-clinker ratio based on reconciled clinker production rates determined for accounting purposes and recorded feed rates. This ratio should be updated monthly. Note that if this ratio changes at clinker reconciliation, you must use the new ratio going forward, but you do not have to retroactively change clinker production rates previously estimated.
      - (C) For each kiln operating hour for which you do not have data on clinker production or the amount of feed to the kiln, use the value from the most recent previous hour for which valid data are available.
      - (D) If you measure clinker production directly, record the daily clinker production rates; if you measure the kiln feed rates and calculate clinker production, record the daily kiln feed and clinker production rates.
    - (iii) You must use the kiln stack exhaust gas flow rate, hourly kiln production rate or kiln feed rate, and kiln stack exhaust temperature during the initial performance test and subsequent annual performance tests as indicators of NOX operating parameters to demonstrate continuous compliance and establish site-specific indicator ranges for these operating parameters.
    - (iv) You must repeat the performance test annually to reassess and adjust the site-specific operating parameter indicator ranges in accordance with the results of the performance test.
    - (v) You must report and include your ongoing site-specific operating parameter data in the annual reports required under [paragraph (e)](#e) of this section and semi-annual title V monitoring reports to the relevant permitting authority.
- (e) **Recordkeeping requirements.** If you are the owner or operator of an affected unit, you shall maintain records of the following information for each day the affected unit operates:
  - (1) Calendar date;
  - (2) The average hourly NOX emissions rates measured or predicted;
  - (3) The 30-day average NOX emissions rates calculated at the end of each affected unit operating day from the measured or predicted hourly NOX emissions rates for the preceding 30 operating days;
  - (4) Identification of the affected unit operating days when the calculated 30-day average NOX emissions rates are in excess of the applicable site-specific NOX emissions limit with the reasons for such excess emissions as well as a description of corrective actions taken;
  - (5) Identification of the affected unit operating days for which pollutant data have not been obtained, including reasons for not obtaining sufficient data and a description of corrective actions taken;
  - (6) Identification of the times when emissions data have been excluded from the calculation of average emissions rates and the reasons for excluding data;
  - (7) If a CEMS is used to verify compliance:
    - (i) Identification of the times when the pollutant concentration exceeded full span of the CEMS;
    - (ii) Description of any modifications to the CEMS that could affect the ability of the CEMS to comply with Performance Specification 2 or 3 in appendix B to [40 CFR part 60](/cfr/40/part60.md); and
    - (iii) Results of daily CEMS drift tests and quarterly accuracy assessments as required under Procedure 1 of [40 CFR part 60](/cfr/40/part60.md), appendix F;
  - (8) Operating parameters required under [paragraph (d)](#d) of this section to demonstrate compliance during the ozone season;
  - (9) Each fuel type, usage, and heat content; and
  - (10) **Clinker production rates.**
- (f) **Reporting requirements.**
  - (1) If you are the owner or operator of an affected unit, you shall submit the results of the performance test or performance evaluation of the CEMS following the procedures specified in [§ 52.40(g)](/cfr/40/52.40.md?p=g) within 60 days after the date of completing each performance test required by this section.
  - (2) If you are the owner or operator of an affected unit, you are required to submit excess emissions reports for any excess emissions that occurred during the reporting period. Excess emissions are defined as any calculated 30-day rolling average NOX emissions rate that exceeds the applicable emissions limit established under [paragraph (c)](#c) of this section. Excess emissions reports must be submitted in PDF format to the EPA via CEDRI or analogous electronic reporting approach provided by the EPA to report data required by this section following the procedures specified in [§ 52.40(g)](/cfr/40/52.40.md?p=g).
  - (3) If you are the owner or operator of an affected unit, you shall submit an annual report in PDF format to the EPA by January 30th of each year via CEDRI or analogous electronic reporting approach provided by the EPA to report data required by this section. Annual reports shall be submitted following the procedures in [§ 52.40(g)](/cfr/40/52.40.md?p=g). The report shall include records all records required by [paragraph (d)](#d) of this section, including record of CEMS data or operating parameters required by [paragraph (d)](#d) to demonstrate continuous compliance the applicable emissions limits under [paragraph (c)](#c) of this section.
- (g) **Initial notification requirements for existing affected units.**
  - (1) **The requirements of this paragraph (g) apply to the owner or operator of an existing affected unit.**
  - (2) The owner or operator of an existing affected unit that emits or has a potential to emit 100 tons per year or greater as of August 4, 2023, shall notify the Administrator via the CEDRI or analogous electronic submission system provided by the EPA that the unit is subject to this section. The notification, which shall be submitted not later than December 4, 2023, shall be submitted in PDF format to the EPA via CEDRI, which can be accessed through the EPA's CDX (https://cdx.epa.gov/). The notification shall provide the following information:
    - (i) The name and address of the owner or operator;
    - (ii) The address (i.e., physical location) of the affected unit;
    - (iii) An identification of the relevant standard, or other requirement, that is the basis for the notification and the unit's compliance date; and
    - (iv) A brief description of the nature, size, design, and method of operation of the facility and an identification of the types of emissions points (units) within the facility subject to the relevant standard.

# §52.43. What are the requirements of the Federal Implementation Plans (FIPs) relating to ozone season emissions of nitrogen oxides from the Iron and Steel Mills and Ferroalloy Manufacturing Industry?

- (a) **Definitions.** All terms not defined in this [paragraph (a)](#a) shall have the meaning given to them in the Act and in [subpart A](/cfr/40/subpartA.md) of [40 CFR part 60](/cfr/40/part60.md).

  Affected unit means any reheat furnace meeting the applicability criteria of this section.

  Day means a calendar day unless expressly stated to be a business day. In computing any period of time for recordkeeping and reporting purposes where the last day would fall on a Saturday, Sunday, or Federal holiday, the period shall run until the close of business of the next business day.

  Low NOX burner means a burner designed to reduce flame turbulence by the mixing of fuel and air and by establishing fuel-rich zones for initial combustion, thereby reducing the formation of NOX.

  Low-NOX technology means any post-combustion NOX control technology capable of reducing NOX emissions by 40% from baseline emission levels as measured during pre-installation testing.

  Operating day means a 24-hour period beginning at 12:00 midnight during which any fuel is combusted at any time in the reheat furnace.

  Reheat furnace means a furnace used to heat steel product—including metal ingots, billets, slabs, beams, blooms and other similar products—for the purpose of deformation and rolling.

- (b) **Applicability.** The requirements of this section apply to each new or existing reheat furnace at an iron and steel mill or ferroalloy manufacturing facility that directly emits or has the potential to emit 100 tons per year or more of NOX on or after August 4, 2023, does not have low-NOX burners installed, and is located within any of the States listed in [§ 52.40(c)(2)](/cfr/40/52.40.md?p=c-2), including Indian country located within the borders of any such State(s). Any existing reheat furnace with a potential to emit of 100 tons per year or more of NOX on August 4, 2023, will continue to be subject to the requirements of this section even if that unit later becomes subject to a physical or operational limitation that lowers its potential to emit below 100 tons per year of NOX.
- (c) **Emissions control requirements.** If you are the owner or operator of an affected unit without low-NOX burners already installed, you must install and operate low-NOX burners or equivalent alternative low-NOX technology designed to achieve at least a 40% reduction from baseline NOX emissions in accordance with the work plan established pursuant to [paragraph (d)](#d) of this section. You must meet the emissions limit established under [paragraph (d)](#d) on a 30-day rolling average basis.
- (d) **Work plan requirements.**
  - (1) The owner or operator of each affected unit must submit a work plan for each affected unit by August 5, 2024. The work plan must be submitted via CEDRI or analogous electronic reporting approach provided by the EPA to report data required by this section following the procedures specified in [§ 52.40(g)](/cfr/40/52.40.md?p=g). Each work plan must include a description of the affected unit and rated production and energy capacities, identification of the low-NOX burner or alternative low NOX technology selected, and the phased construction timeframe by which you will design, install, and consistently operate the device. Each work plan shall also include, where applicable, performance test results obtained no more than five years before August 4, 2023, to be used as baseline emissions testing data providing the basis for required emissions reductions. If no such data exist, then the owner or operator must perform pre-installation testing as described in [paragraph (e)(3)](#e-3) of this section.
  - (2) The owner or operator of an affected unit shall design each low-NOX burner or alternative low-NOX technology identified in the work plan to achieve NOX emission reductions by a minimum of 40% from baseline emission levels measured during performance testing that meets the criteria set forth in [paragraph (e)(1)](#e-1) of this section, or during pre-installation testing as described in [paragraph (e)(3)](#e-3) of this section. Each low-NOX burner or alternative low-NOX technology shall be continuously operated during all production periods according to [paragraph (c)](#c) of this section.
  - (3) The owner or operator of an affected unit shall establish an emissions limit in the work plan that the affected unit must comply with in accordance with [paragraph (c)](#c) of this section.
  - (4) **The EPA's action on work plans—**
    - (i) The Administrator will provide via the CEDRI or analogous electronic submission system provided by the EPA notification to the owner or operator of an affected unit if the submitted work plan is complete, that is, whether the request contains sufficient information to make a determination, within 60 calendar days after receipt of the original work plan and within 60 calendar days after receipt of any supplementary information.
    - (ii) The Administrator will provide notification via the CEDRI or analogous electronic submission system provided by the EPA, which shall be publicly available, to the owner or operator of a decision to approve or intention to disapprove the work plan within 60 calendar days after providing written notification pursuant to [paragraph (d)(4)(i)](#d-4-i) of this section that the submitted work plan is complete.
    - (iii) Before disapproving a work plan, the Administrator will notify the owner or operator via the CEDRI or analogous electronic submission system provided by the EPA of the Administrator's intention to issue the disapproval, together with:
      - (A) Notice of the information and findings on which the intended disapproval is based; and
      - (B) Notice of opportunity for the owner or operator to present in writing, within 15 calendar days after he/she is notified of the intended disapproval, additional information or arguments to the Administrator before further action on the work plan.
    - (iv) The Administrator's final decision to disapprove a work plan will be via the CEDRI or analogous electronic submission system provided by the EPA and publicly available, and will set forth the specific grounds on which the disapproval is based. The final decision will be made within 60 calendar days after presentation of additional information or argument (if the submitted work plan is complete), or within 60 calendar days after the deadline for the submission of additional information or argument under paragraph (d)(5)(iii)(B) of this section, if no such submission is made.
    - (v) If the Administrator disapproves the submitted work plan for failure to satisfy the requirements of paragraphs (c) and [(d)(1) through (3)](#d-1..d-3) of this section, or if the owner or operator of an affected unit fails to submit a work plan by August 5, 2024, the owner or operator will be in violation of this section. Each day that the affected unit operates following such disapproval or failure to submit shall constitute a violation.
- (e) **Testing and monitoring requirements.**
  - (1) If you are the owner or operator of an affected unit you must conduct performance tests, on an annual basis, in accordance with the applicable reference test methods of [40 CFR part 60](/cfr/40/part60.md), appendix A-4, any alternative test method approved by the EPA as of June 5, 2023, under 40 CFR [59.104(f)](/cfr/40/59.104.md?p=f), [60.8(b)(3)](/cfr/40/60.8.md?p=b-3), [61.13(h)(1)(ii)](/cfr/40/61.13.md?p=h-1-ii), [63.7(e)(2)(ii)](/cfr/40/63.7.md?p=e-2-ii), or [65.158(a)(2)](/cfr/40/65.158.md?p=a-2) and available at the EPA's website (https://www.epa.gov/emc/broadly-applicable-approved-alternative-test-methods), or other methods and procedures approved by the EPA through notice-and-comment rulemaking. The annual performance test does not have to be performed during the ozone season.
  - (2) If you are the owner or operator of an affected unit and are operating a NOX continuous emissions monitoring system (CEMS) that monitors NOX emissions from the affected unit, you may use the CEMS data in lieu of the annual performance tests and parametric monitoring required under this section. You must meet the following requirements for using CEMS to monitor NOX emissions:
    - (i) You shall install, calibrate, maintain, and operate a continuous emissions monitoring system (CEMS) for measuring NOX emissions and either oxygen (O2) or carbon dioxide (CO2).
    - (ii) The CEMS shall be operated and data recorded during all periods of operation during the ozone season of the affected unit except for CEMS breakdowns and repairs. Data shall be recorded during calibration checks and zero and span adjustments.
    - (iii) The 1-hour average NOX emissions rates measured by the CEMS shall be expressed in form of the emissions limit established in the work plan and shall be used to calculate the average emissions rates to demonstrate compliance with the applicable emissions limits established in the work plan.
    - (iv) The procedures under [40 CFR 60.13](/cfr/40/60.13.md) shall be followed for installation, evaluation, and operation of the continuous monitoring systems.
    - (v) When NOX emissions data are not obtained because of CEMS breakdowns, repairs, calibration checks and zero and span adjustments, emissions data will be obtained by using standby monitoring systems, Method 7 of [40 CFR part 60](/cfr/40/part60.md), appendix A-4, Method 7A of [40 CFR part 60](/cfr/40/part60.md), appendix A-4, or other approved reference methods to provide emissions data for a minimum of 75 percent of the operating hours in each affected unit operating day, in at least 22 out of 30 successive operating days.
  - (3) If you are the owner or operator of an affected unit not operating NOX CEMS, you must conduct an initial performance test before the 2026 ozone season to establish appropriate indicator ranges for operating parameters and continuously monitor those operator parameters consistent with the requirements of [paragraphs (e)(3)(i) through (iv)](#e-3-i..e-3-iv) of this section.
    - (i) You must monitor and record stack exhaust gas flow rate and temperature during the initial performance test and subsequent annual performance tests to demonstrate continuous compliance with your NOX emissions limits.
    - (ii) You must use the stack exhaust gas flow rate and temperature during the initial performance test and subsequent annual performance tests to establish a site-specific indicator for these operating parameters.
    - (iii) You must repeat the performance test annually to reassess and adjust the site-specific operating parameter indicator ranges in accordance with the results of the performance test.
    - (iv) You must report and include your ongoing site-specific operating parameter data in the annual reports required under [paragraph (f)](#f) of this section and semi-annual title V monitoring reports to the relevant permitting authority.
- (f) **Recordkeeping requirements.** If you are the owner or operator of an affected unit, you shall maintain records of the following information for each day the affected unit operates:
  - (1) Calendar date;
  - (2) The average hourly NOX emissions rates measured or predicted;
  - (3) The 30-day average NOX emissions rates calculated at the end of each affected unit operating day from the measured or predicted hourly NOX emissions rates for the preceding 30 operating days;
  - (4) Identification of the affected unit operating days when the calculated 30-day average NOX emissions rates are in excess of the applicable site-specific NOX emissions limit with the reasons for such excess emissions as well as a description of corrective actions taken;
  - (5) Identification of the affected unit operating days for which pollutant data have not been obtained, including reasons for not obtaining sufficient data and a description of corrective actions taken;
  - (6) Identification of the times when emissions data have been excluded from the calculation of average emissions rates and the reasons for excluding data;
  - (7) If a CEMS is used to verify compliance:
    - (i) Identification of the times when the pollutant concentration exceeded full span of the CEMS;
    - (ii) Description of any modifications to the CEMS that could affect the ability of the CEMS to comply with Performance Specification 2 or 3 in appendix B to [40 CFR part 60](/cfr/40/part60.md); and
    - (iii) Results of daily CEMS drift tests and quarterly accuracy assessments as required under Procedure 1 of [40 CFR part 60](/cfr/40/part60.md), appendix F;
  - (8) Operating parameters required under [paragraph (d)](#d) of this section to demonstrate compliance during the ozone season; and
  - (9) **Each fuel type, usage, and heat content.**
- (g) **Reporting requirements.**
  - (1) If you are the owner or operator of an affected unit, you shall submit a final report via the CEDRI or analogous electronic submission system provided by the EPA, by no later than March 30, 2026, certifying that installation of each selected control device has been completed. You shall include in the report the dates of final construction and relevant performance testing, where applicable, demonstrating compliance with the selected emission limits pursuant to paragraphs [(c)](#c) and [(d)](#d) of this section.
  - (2) If you are the owner or operator of an affected unit, you must submit the results of the performance test or performance evaluation of the CEMS following the procedures specified in [§ 52.40(g)](/cfr/40/52.40.md?p=g) within 60 days after the date of completing each performance test required by this section.
  - (3) If you are the owner or operator of an affected unit, you are required to submit excess emissions reports for any excess emissions that occurred during the reporting period. Excess emissions are defined as any calculated 30-day rolling average NOX emissions rate that exceeds the applicable emissions limit established under paragraphs [(c)](#c) and [(d)](#d) of this section. Excess emissions reports must be submitted in PDF format to the EPA via CEDRI or analogous electronic reporting approach provided by the EPA to report data required by this section following the procedures specified in [§ 52.40(g)](/cfr/40/52.40.md?p=g).
  - (4) If you are the owner or operator of an affected unit, you shall submit an annual report in PDF format to the EPA by January 30th of each year via CEDRI or analogous electronic reporting approach provided by the EPA to report data required by this section. Annual reports shall be submitted following the procedures in [§ 52.40(g)](/cfr/40/52.40.md?p=g). The report shall include records all records required by paragraphs [(e)](#e) and [(f)](#f) of this section, including record of CEMS data or operating parameters required by [paragraph (e)](#e) to demonstrate compliance the applicable emissions limits established under paragraphs [(c)](#c) and [(d)](#d) of this section.
- (h) **Initial notification requirements for existing affected units.**
  - (1) **The requirements of this paragraph (h) apply to the owner or operator of an existing affected unit.**
  - (2) The owner or operator of an existing affected unit that emits or has a potential to emit 100 tons per year or more of NOX as of August 4, 2023, shall notify the Administrator via the CEDRI or analogous electronic submission system provided by the EPA that the unit is subject to this section. The notification, which shall be submitted not later than December 4, 2023, shall be submitted in PDF format to the EPA via CEDRI, which can be accessed through the EPA's CDX (https://cdx.epa.gov/). The notification shall provide the following information:
    - (i) The name and address of the owner or operator;
    - (ii) The address (i.e., physical location) of the affected unit;
    - (iii) An identification of the relevant standard, or other requirement, that is the basis for the notification and the unit's compliance date; and
    - (iv) A brief description of the nature, size, design, and method of operation of the facility and an identification of the types of emissions points (units) within the facility subject to the relevant standard.

# §52.44. What are the requirements of the Federal Implementation Plans (FIPs) relating to ozone season emissions of nitrogen oxides from the Glass and Glass Product Manufacturing Industry?

- (a) **Definitions.** All terms not defined in this [paragraph (a)](#a) shall have the meaning given to them in the Act and in [subpart A](/cfr/40/subpartA.md) of [40 CFR part 60](/cfr/40/part60.md).

  Affected units means a glass manufacturing furnace meeting the applicability criteria of this section.

  Borosilicate recipe means glass product composition of the following approximate ranges of weight proportions: 60 to 80 percent silicon dioxide, 4 to 10 percent total R2O (e.g., Na2O and K2O), 5 to 35 percent boric oxides, and 0 to 13 percent other oxides.

  Container glass means glass made of soda-lime recipe, clear or colored, which is pressed and/or blown into bottles, jars, ampoules, and other products listed in Standard Industrial Classification (SIC) 3221 (SIC 3221).

  Flat glass means glass made of soda-lime recipe and produced into continuous flat sheets and other products listed in SIC 3211.

  Glass melting furnace means a unit comprising a refractory vessel in which raw materials are charged, melted at high temperature, refined, and conditioned to produce molten glass. The unit includes foundations, superstructure and retaining walls, raw material charger systems, heat exchangers, melter cooling system, exhaust system, refractory brick work, fuel supply and electrical boosting equipment, integral control systems and instrumentation, and appendages for conditioning and distributing molten glass to forming apparatuses. The forming apparatuses, including the float bath used in flat glass manufacturing and flow channels in wool fiberglass and textile fiberglass manufacturing, are not considered part of the glass melting furnace.

  Glass produced means the weight of the glass pulled from the glass melting furnace.

  Idling means the operation of a glass melting furnace at less than 25% of the permitted production capacity or fuel use capacity as stated in the operating permit.

  Lead recipe means glass product composition of the following ranges of weight proportions: 50 to 60 percent silicon dioxide, 18 to 35 percent lead oxides, 5 to 20 percent total R2O (e.g., Na2O and K2O), 0 to 8 percent total R2O3 (e.g., Al2O3), 0 to 15 percent total RO (e.g., CaO, MgO), other than lead oxide, and 5 to 10 percent other oxides.

  Operating day means a 24-hr period beginning at 12:00 midnight during which the furnace combusts fuel at any time but excludes any period of startup, shutdown, or idling during which the affected unit complies with the requirements in [paragraphs (d) through (f)](#d..f) of this section, as applicable.

  Pressed and blown glass means glass which is pressed, blown, or both, including textile fiberglass, noncontinuous flat glass, noncontainer glass, and other products listed in SIC 3229. It is separated into: Glass of borosilicate recipe, Glass of soda-lime and lead recipes, and Glass of opal, fluoride, and other recipes.

  Raw material means minerals, such as silica sand, limestone, and dolomite; inorganic chemical compounds, such as soda ash (sodium carbonate), salt cake (sodium sulfate), and potash (potassium carbonate); metal oxides and other metal-based compounds, such as lead oxide, chromium oxide, and sodium antimonate; metal ores, such as chromite and pyrolusite; and other substances that are intentionally added to a glass manufacturing batch and melted in a glass melting furnace to produce glass. Metals that are naturally-occurring trace constituents or contaminants of other substances are not considered to be raw materials.

  Shutdown means the period of time during which a glass melting furnace is taken from an operational to a non-operational status by allowing it to cool down from its operating temperature to a cold or ambient temperature as the fuel supply is turned off.

  Soda-lime recipe means glass product composition of the following ranges of weight proportions: 60 to 75 percent silicon dioxide, 10 to 17 percent total R2O (e.g., Na2O and K2O), 8 to 20 percent total RO but not to include any PbO (e.g., CaO, and MgO), 0 to 8 percent total R2O3 (e.g., Al2O3), and 1 to 5 percent other oxides.

  Startup means the period of time, after initial construction or a furnace rebuild, during which a glass melting furnace is heated to operating temperatures by the primary furnace combustion system, and systems and instrumentation are brought to stabilization.

  Textile fiberglass means fibrous glass in the form of continuous strands having uniform thickness.

  Wool fiberglass means fibrous glass of random texture, including accoustical board and tile (mineral wool), fiberglass insulation, glass wool, insulation (rock wool, fiberglass, slag, and silicia minerals), and mineral wool roofing mats.

- (b) **Applicability.** You are subject to the requirements under this section if you own or operate a new or existing glass manufacturing furnace that directly emits or has the potential to emit 100 tons per year or more of NOX on or after August 4, 2023, and is located within any of the States listed in [§ 52.40(c)(2)](/cfr/40/52.40.md?p=c-2), including Indian country located within the borders of any such State(s). Any existing glass manufacturing furnace with a potential to emit of 100 tons per year or more of NOX on August 4, 2023, will continue to be subject to the requirements of this section even if that unit later becomes subject to a physical or operational limitation that lowers its potential to emit below 100 tons per year of NOX.
- (c) **Emissions limitations.** If you are the owner or operator of an affected unit, you must meet the emissions limitations in paragraphs [(c)(1)](#c-1) and [(2)](#c-2) of this section on a 30-day rolling average basis during the 2026 ozone season and in each ozone season thereafter. For the 2026 ozone season, the emissions limitations in paragraphs [(c)(1)](#c-1) and [(2)](#c-2) do not apply during shutdown and idling if the affected unit complies with the requirements in paragraphs [(e)](#e) and [(f)](#f) of this section, as applicable. For the 2027 and subsequent ozone seasons, the emissions limitations in paragraphs [(c)(1)](#c-1) and [(2)](#c-2) do not apply during startup, shutdown, and idling, if the affected unit complies with the requirements in [paragraphs (d) through (f)](#d..f) of this section, as applicable.
  - (1) **Container glass, pressed/blown glass, or fiberglass manufacturing furnace—** 4.0 lb/ton of glass; and
  - (2) **Flat glass manufacturing furnace—** 7.0 lb/ton of glass.
- (d) **Startup requirements.**
  - (1) If you are the owner or operator of an affected unit, you shall submit via the CEDRI or analogous electronic submission system provided by the EPA, no later than 30 days prior to the anticipated date of startup, the following information to assure proper operation of the furnace:
    - (i) A detailed list of activities to be performed during startup and explanations to support the length of time needed to complete each activity.
    - (ii) A description of the material process flow rates, system operating parameters, and other information that the owner or operator shall monitor and record during the startup period.
    - (iii) **Identification of the control technologies or strategies to be utilized.**
    - (iv) A description of the physical conditions present during startup periods that prevent the controls from being effective.
    - (v) A reasonably precise estimate as to when physical conditions will have reached a state that allows for the effective control of emissions.
  - (2) The length of startup following activation of the primary furnace combustion system may not exceed:
    - (i) Seventy days for a container, pressed or blown glass furnace;
    - (ii) Forty days for a fiberglass furnace; and
    - (iii) One hundred and four days for a flat glass furnace and for all other glass melting furnaces not covered under paragraphs [(d)(2)(i)](#d-2-i) and [(ii)](#d-2-ii) of this section.
  - (3) During the startup period, the owner or operator of an affected unit shall maintain the stoichiometric ratio of the primary furnace combustion system so as not to exceed 5 percent excess oxygen, as calculated from the actual fuel and oxidant flow measurements for combustion in the affected unit.
  - (4) The owner or operator of an affected unit shall place the emissions control system in operation as soon as technologically feasible during startup to minimize emissions.
- (e) **Shutdown requirements.**
  - (1) If you are the owner or operator of an affected unit, you shall submit via the CEDRI or analogous electronic submission system provided by the EPA to the Administrator, no later than 30 days prior to the anticipated date of shutdown, the following information to assure proper operation of the furnace:
    - (i) A detailed list of activities to be performed during shutdown and explanations to support the length of time needed to complete each activity.
    - (ii) A description of the material process flow rates, system operating parameters, and other information that the owner or operator shall monitor and record during the shutdown period.
    - (iii) **Identification of the control technologies or strategies to be utilized.**
    - (iv) A description of the physical conditions present during shutdown periods that prevent the controls from being effective.
    - (v) A reasonably precise estimate as to when physical conditions will have reached a state that allows for the effective control of emissions.
  - (2) The duration of a shutdown, as measured from the time the furnace operations drop below 25% of the permitted production capacity or fuel use capacity to when all emissions from the furnace cease, may not exceed 20 days.
  - (3) If you are the owner or operator of an affected unit, you shall operate the emissions control system whenever technologically feasible during shutdown to minimize emissions.
- (f) **Idling requirements.**
  - (1) If you are the owner or operator of an affected unit, you shall operate the emissions control system whenever technologically feasible during idling to minimize emissions.
  - (2) If you are the owner or operator of an affected unit, your NOX emissions during idling may not exceed the amount calculated using the following equation: Pounds per day emissions limit of NOX = (Applicable NOX emissions limit specified in [paragraph (c)](#c) of this section expressed in pounds per ton of glass produced) × (Furnace permitted production capacity in tons of glass produced per day).
  - (3) To demonstrate compliance with the alternative daily NOX emissions limit identified in [paragraph (f)(2)](#f-2) of this section during periods of idling, the owners or operators of an affected unit shall maintain records consistent with [paragraph (h)(3)](#h-3) of this section.
- (g) **Testing and monitoring requirements.**
  - (1) If you own or operate an affected unit subject to the NOX emissions limits under [paragraph (c)](#c) of this section you must conduct performance tests, on an annual basis, in accordance with the applicable reference test methods of [40 CFR part 60](/cfr/40/part60.md), appendix A-4, any alternative test method approved by the EPA as of June 5, 2023, under 40 CFR [59.104(f)](/cfr/40/59.104.md?p=f), [60.8(b)(3)](/cfr/40/60.8.md?p=b-3), [61.13(h)(1)(ii)](/cfr/40/61.13.md?p=h-1-ii), [63.7(e)(2)(ii)](/cfr/40/63.7.md?p=e-2-ii), or [65.158(a)(2)](/cfr/40/65.158.md?p=a-2) and available at the EPA's website (https://www.epa.gov/emc/broadly-applicable-approved-alternative-test-methods), or other methods and procedures approved by the EPA through notice-and-comment rulemaking. The annual performance test does not have to be performed during the ozone season. Owners or operators of affected units must calculate and record the 30-day rolling average emissions rate of NOX as the total of all hourly emissions data for an affected unit in the preceding 30 days, divided by the total tons of glass produced in that affected unit during the same 30-day period. Direct measurement or material balance using good engineering practice shall be used to determine the amount of glass produced during the performance test. The rate of glass produced is defined as the weight of glass pulled from the affected unit during the performance test divided by the number of hours taken to perform the performance test.
  - (2) If you are the owner or operator of an affected unit subject to the NOX emissions limits under [paragraph (c)(1)](#c-1) of this section and are operating a NOX CEMS that monitors NOX emissions from the affected unit, you may use the CEMS data in lieu of the annual performance tests and parametric monitoring required under this section. You must meet the following requirements for using CEMS to monitor NOX emissions:
    - (i) You shall install, calibrate, maintain, and operate a continuous emissions monitoring system (CEMS) for measuring NOX emissions and either oxygen (O2) or carbon dioxide (CO2).
    - (ii) The CEMS shall be operated and data recorded during all periods of operation during the ozone season of the affected unit except for CEMS breakdowns and repairs. Data shall be recorded during calibration checks and zero and span adjustments.
    - (iii) The 1-hour average NOX emissions rates measured by the CEMS shall be expressed in terms of lbs/ton of glass and shall be used to calculate the average emissions rates to demonstrate compliance with the applicable emissions limits in this section.
    - (iv) The procedures under [40 CFR 60.13](/cfr/40/60.13.md) shall be followed for installation, evaluation, and operation of the continuous monitoring systems.
    - (v) When NOX emissions data are not obtained because of CEMS breakdowns, repairs, calibration checks and zero and span adjustments, emissions data will be obtained by using standby monitoring systems, Method 7 of [40 CFR part 60](/cfr/40/part60.md), appendix A-4, Method 7A of [40 CFR part 60](/cfr/40/part60.md), appendix A-4, or other approved reference methods to provide emissions data for a minimum of 75 percent of the operating hours in each affected unit operating day, in at least 22 out of 30 successive operating days.
  - (3) If you are the owner or operator of an affected unit not operating NOX CEMS, you must conduct an initial performance test before the 2026 ozone season to establish appropriate indicator ranges for operating parameters and continuously monitor those operator parameters consistent with the requirements of [paragraphs (g)(3)(i) through (iv)](#g-3-i..g-3-iv) of this section.
    - (i) You must monitor and record stack exhaust gas flow rate, hourly glass production, and stack exhaust gas temperature during the initial performance test and subsequent annual performance tests to demonstrate continuous compliance with your NOX emissions limits.
    - (ii) You must use the stack exhaust gas flow rate, hourly glass production, and stack exhaust gas temperature during the initial performance test and subsequent annual performance tests as NOX CEMS indicators to demonstrate continuous compliance and establish a site-specific indicator ranges for these operating parameters.
    - (iii) You must repeat the performance test annually to reassess and adjust the site-specific operating parameter indicator ranges in accordance with the results of the performance test.
    - (iv) You must report and include your ongoing site-specific operating parameter data in the annual reports required under [paragraph (h)](#h) of this section and semi-annual title V monitoring reports to the relevant permitting authority.
  - (4) If you are the owner or operator of an affected unit seeking to comply with the requirements for startup under [paragraph (d)](#d) of this section or shutdown under [paragraph (e)](#e) of this section in lieu of the applicable emissions limit under [paragraph (c)](#c) of this section, you must monitor material process flow rates, fuel throughput, oxidant flow rate, and the selected system operating parameters in accordance with paragraphs [(d)(1)(ii)](#d-1-ii) and [(e)(1)(ii)](#e-1-ii) of this section.
- (h) **Recordkeeping requirements.**
  - (1) If you are the owner or operator of an affected unit, you shall maintain records of the following information for each day the affected unit operates:
    - (i) Calendar date;
    - (ii) The average hourly NOX emissions rates measured or predicted;
    - (iii) The 30-day average NOX emissions rates calculated at the end of each affected unit operating day from the measured or predicted hourly NOX emissions rates for the preceding 30 operating days;
    - (iv) Identification of the affected unit operating days when the calculated 30-day average NOX emissions rates are in excess of the applicable site-specific NOX emissions limit with the reasons for such excess emissions as well as a description of corrective actions taken;
    - (v) Identification of the affected unit operating days for which pollutant data have not been obtained, including reasons for not obtaining sufficient data and a description of corrective actions taken;
    - (vi) Identification of the times when emissions data have been excluded from the calculation of average emissions rates and the reasons for excluding data;
    - (vii) If a CEMS is used to verify compliance:
      - (A) Identification of the times when the pollutant concentration exceeded full span of the CEMS;
      - (B) Description of any modifications to the CEMS that could affect the ability of the CEMS to comply with Performance Specification 2 or 3 in appendix B to [40 CFR part 60](/cfr/40/part60.md); and
      - (C) Results of daily CEMS drift tests and quarterly accuracy assessments as required under Procedure 1 of [40 CFR part 60](/cfr/40/part60.md), appendix F;
      - (D) Operating parameters required under [paragraph (g)](#g) to demonstrate compliance during the ozone season;
    - (viii) Each fuel type, usage, and heat content; and
    - (ix) **Glass production rate.**
  - (2) If you are the owner or operator of an affected unit, you shall maintain all records necessary to demonstrate compliance with the startup and shutdown requirements in paragraphs [(d)](#d) and [(e)](#e) of this section, including but not limited to records of material process flow rates, system operating parameters, the duration of each startup and shutdown period, fuel throughput, oxidant flow rate, and any additional records necessary to determine whether the stoichiometric ratio of the primary furnace combustion system exceeded 5 percent excess oxygen during startup.
  - (3) If you are the owner or operator of an affected unit, you shall maintain records of daily NOX emissions in pounds per day for purposes of determining compliance with the applicable emissions limit for idling periods under [paragraph (f)(2)](#f-2) of this section. Each owner or operator shall also record the duration of each idling period.
    - (i) **Reporting requirements.**
  - (1) If you are the owner or operator of an affected unit, you must submit the results of the performance test or performance evaluation of the CEMS following the procedures specified in [§ 52.40(g)](/cfr/40/52.40.md?p=g) within 60 days after the date of completing each performance test required by this section.
  - (2) If you are the owner or operator of an affected unit, you are required to submit excess emissions reports for any excess emissions that occurred during the reporting period. Excess emissions are defined as any calculated 30-day rolling average NOX emissions rate that exceeds the applicable emissions limit in [paragraph (c)](#c) of this section. Excess emissions reports must be submitted in PDF format to the EPA via CEDRI or analogous electronic reporting approach provided by the EPA to report data required by this section following the procedures specified in [§ 52.40(g)](/cfr/40/52.40.md?p=g).
  - (3) If you own or operate an affected unit, you shall submit an annual report in PDF format to the EPA by January 30th of each year via CEDRI or analogous electronic reporting approach provided by the EPA to report data required by this section. Annual reports shall be submitted following the procedures in [§ 52.40(g)](/cfr/40/52.40.md?p=g). The report shall include records all records required by [paragraph (g)](#g) of this section, including record of CEMS data or operating parameters to demonstrate continuous compliance the applicable emissions limits under [paragraphs (c)](#c) of this section.
- (j) **Initial notification requirements for existing affected units.**
  - (1) **The requirements of this paragraph (j) apply to the owner or operator of an existing affected unit.**
  - (2) The owner or operator of an existing affected unit that emits or has a potential to emit greater than 100 tons per year or greater as of August 4, 2023, shall notify the Administrator via the CEDRI or analogous electronic submission system provided by the EPA that the unit is subject to this section. The notification, which shall be submitted not later than December 4, 2023, shall be submitted in PDF format to the EPA via CEDRI, which can be accessed through the EPA's CDX (https://cdx.epa.gov/). The notification shall provide the following information:
    - (i) The name and address of the owner or operator;
    - (ii) The address (i.e., physical location) of the affected unit;
    - (iii) An identification of the relevant standard, or other requirement, that is the basis for the notification and the unit's compliance date; and
    - (iv) A brief description of the nature, size, design, and method of operation of the facility and an identification of the types of emissions points (units) within the facility subject to the relevant standard.

# §52.45. What are the requirements of the Federal Implementation Plans (FIPs) relating to ozone season emissions of nitrogen oxides from the Basic Chemical Manufacturing, Petroleum and Coal Products Manufacturing, the Pulp, Paper, and Paperboard Mills Industries, Metal Ore Mining, and the Iron and Steel and Ferroalloy Manufacturing Industries?

- (a) **Definitions.** All terms not defined in this [paragraph (a)](#a) shall have the meaning given to them in the Act and in [subpart A](/cfr/40/subpartA.md) of [40 CFR part 60](/cfr/40/part60.md).

  Affected unit means an industrial boiler meeting the applicability criteria of this section.

  Boiler means an enclosed device using controlled flame combustion and having the primary purpose of recovering thermal energy in the form of steam or hot water. Controlled flame combustion refers to a steady-state, or near steady-state, process wherein fuel and/or oxidizer feed rates are controlled.

  Coal means “coal” as defined in [40 CFR 60.41b](/cfr/40/60.41b.md).

  Distillate oil means “distillate oil” as defined in [40 CFR 60.41b](/cfr/40/60.41b.md).

  Maximum heat input capacity means means the ability of a steam generating unit to combust a stated maximum amount of fuel on a steady state basis, as determined by the physical design and characteristics of the steam generating unit.

  Natural gas means “natural gas” as defined in [40 CFR 60.41](/cfr/40/60.41.md).

  Operating day means a 24-hour period between 12:00 midnight and the following midnight during which any fuel is combusted at any time in the steam generating unit. It is not necessary for fuel to be combusted continuously for the entire 24-hour period.

  Residual oil means “residual oil” as defined in [40 CFR 60.41c](/cfr/40/60.41c.md).

- (b) **Applicability.**
  - (1) The requirements of this section apply to each new or existing boiler with a design capacity of 100 mmBtu/hr or greater that receives 90% or more of its heat input from coal, residual oil, distillate oil, natural gas, or combinations of these fuels in the previous ozone season, is located at sources that are within the Basic Chemical Manufacturing industry, the Petroleum and Coal Products Manufacturing industry, the Pulp, Paper, and Paperboard industry, the Metal Ore Mining industry, and the Iron and Steel and Ferroalloys Manufacturing industry and which is located within any of the States listed in [§ 52.40(c)(2)](/cfr/40/52.40.md?p=c-2), including Indian country located within the borders of any such State(s). The requirements of this section do not apply to an emissions unit that meets the requirements for a low-use exemption as provided in [paragraph (b)(2)](#b-2) of this section.
  - (2) If you are the owner or operator of a boiler meeting the applicability criteria of [paragraph (b)(1)](#b-1) of this section that operates less than 10% per year on an hourly basis, based on the three most recent years of use and no more than 20% in any one of the three years, you are exempt from meeting the emissions limits of this section and are only subject to the recordkeeping and reporting requirements of [paragraph (f)(2)](#f-2) of this section.
    - (i) If you are the owner or operator of an affected unit that exceeds the 10% per year hour of operation over three years or the 20% hours of operation per year criteria, you can no longer comply via the low-use exemption provisions and must meet the applicable emissions limits and other applicable provisions as soon as possible but not later than one year from the date eligibility as a low-use boiler was negated by exceedance of the low-use boiler criteria.
    - (ii) [Reserved]
- (c) **Emissions limitations.** If you are the owner or operator of an affected unit, you must meet the following emissions limitations on a 30-day rolling average basis during the 2026 ozone season and in each ozone season thereafter:
  - (1) **Coal-fired industrial boilers—** 0.20 lbs NOX/mmBtu;
  - (2) **Residual oil-fired industrial boilers—** 0.20 lbs NOX/mmBtu;
  - (3) **Distillate oil-fired industrial boilers—** 0.12 lbs NOX/mmBtu;
  - (4) **Natural gas-fired industrial boilers—** 0.08 lbs NOX/mmBtu; and
  - (5) **Boilers using combinations of fuels listed in paragraphs (c)(1) through (4) of this section—** such units shall comply with a NOX emissions limit derived by summing the products of each fuel's heat input and respective emissions limit and dividing by the sum of the heat input contributed by each fuel.
- (d) **Testing and monitoring requirements.**
  - (1) If you are the owner or operator of an affected unit, you shall conduct an initial compliance test as described in [40 CFR 60.8](/cfr/40/60.8.md) using the continuous system for monitoring NOX specified by EPA Test Method 7E of [40 CFR part 60](/cfr/40/part60.md), appendix A-4, to determine compliance with the emissions limits for NOX identified in [paragraph (c)](#c) of this section. In lieu of the timing of the compliance test described in [40 CFR 60.8(a)](/cfr/40/60.8.md?p=a), you shall conduct the test within 90 days from the installation of the pollution control equipment used to comply with the NOX emissions limits in [paragraph (c)](#c) of this section and no later than May 1, 2026.
    - (i) For the initial compliance test, you shall monitor NOX emissions from the affected unit for 30 successive operating days and the 30-day average emissions rate will be used to determine compliance with the NOX emissions limits in [paragraph (c)](#c) of this section. You shall calculate the 30-day average emission rate as the average of all hourly emissions data recorded by the monitoring system during the 30-day test period.
    - (ii) You are not required to conduct an initial compliance test if the affected unit is subject to a pre-existing, federally enforceable requirement to monitor its NOX emissions using a CEMS in accordance with 40 CFR [60.13](/cfr/40/60.13.md) or [40](/cfr/40/40.md) CFR [part 75](/cfr/40/part75.md).
  - (2) If you are the owner or operator of an affected unit with a heat input capacity of 250 mmBTU/hr or greater, you are subject to the following monitoring requirements:
    - (i) You shall install, calibrate, maintain, and operate a continuous emissions monitoring system (CEMS) for measuring NOX emissions and either oxygen (O2) or carbon dioxide (CO2), unless the Administrator has approved a request from you to use an alternative monitoring technique under [paragraph (d)(2)(vii)](#d-2-vii) of this section. If you have previously installed a NOX emissions rate CEMS to meet the requirements of 40 CFR [60.13](/cfr/40/60.13.md) or [40](/cfr/40/40.md) CFR [part 75](/cfr/40/part75.md) and continue to meet the ongoing requirements of 40 CFR [60.13](/cfr/40/60.13.md) or [40](/cfr/40/40.md) CFR [part 75](/cfr/40/part75.md), that CEMS may be used to meet the monitoring requirements of this section.
    - (ii) You shall operate the CEMS and record data during all periods of operation during the ozone season of the affected unit except for CEMS breakdowns and repairs. You shall record data during calibration checks and zero and span adjustments.
    - (iii) You shall express the 1-hour average NOX emissions rates measured by the CEMS in terms of lbs/mmBtu heat input and shall be used to calculate the average emissions rates under [paragraph (c)](#c) of this section.
    - (iv) Following the date on which the initial compliance test is completed, you shall determine compliance with the applicable NOX emissions limit in [paragraph (c)](#c) of this section during the ozone season on a continuous basis using a 30-day rolling average emissions rate unless you monitor emissions by means of an alternative monitoring procedure approved pursuant to [paragraph (d)(2)(vii)](#d-2-vii) of this section. You shall calculate a new 30-day rolling average emissions rate for each operating day as the average of all the hourly NOX emissions data for the preceding 30 operating days.
    - (v) You shall follow the procedures under [40 CFR 60.13](/cfr/40/60.13.md) for installation, evaluation, and operation of the continuous monitoring systems. Additionally, you shall use a span value of 1000 ppm NOX for affected units combusting coal and span value of 500 ppm NOX for units combusting oil or gas. As an alternative to meeting these span values, you may elect to use the NOX span values determined according to [section 2.1.2](/cfr/40/2.1.2.md) in appendix A to [40 CFR part 75](/cfr/40/part75.md).
    - (vi) When you are unable to obtain NOX emissions data because of CEMS breakdowns, repairs, calibration checks and zero and span adjustments, you will obtain emissions data by using standby monitoring systems, Method 7 of [40 CFR part 60](/cfr/40/part60.md), appendix A-4, Method 7A of [40 CFR part 60](/cfr/40/part60.md), appendix A-4, or other approved reference methods to provide emissions data for a minimum of 75 percent of the operating hours in each affected unit operating day, in at least 22 out of 30 successive operating days.
    - (vii) You may delay installing a CEMS for NOX until after the initial performance test has been conducted. If you demonstrate during the performance test that emissions of NOX are less than 70 percent of the applicable emissions limit in [paragraph (c)](#c) of this section, you are not required to install a CEMS for measuring NOX. If you demonstrate your affected unit emits less than 70 percent of the applicable emissions limit chooses to not install a CEMS, you must submit a written request to the Administrator that documents the results of the initial performance test and includes an alternative monitoring procedure that will be used to track compliance with the applicable NOX emissions limit(s) in [paragraph (c)](#c) of this section. The Administrator may consider the request and, following public notice and comment, may approve the alternative monitoring procedure with or without revision, or disapprove the request. Upon receipt of a disapproved request, you will have one year to install a CEMS.
  - (3) If you are the owner or operator of an affected unit with a heat input capacity less than 250 mmBTU/hr, you must monitor NOX emission via the requirements of [paragraph (e)(1)](#e-1) of this section or you must monitor NOX emissions by conducting an annual test in conjunction with the implementation of a monitoring plan meeting the following requirements:
    - (i) You must conduct an initial performance test over a minimum of 24 consecutive steam generating unit operating hours at maximum heat input capacity to demonstrate compliance with the NOX emission standards under [paragraph (c)](#c) of this section using Method 7, 7A, or 7E of appendix A-4 to [40 CFR part 60](/cfr/40/part60.md), Method 320 of appendix A to [40 CFR part 63](/cfr/40/part63.md), or other approved reference methods.
    - (ii) You must conduct annual performance tests once per calendar year to demonstrate compliance with the NOX emission standards under [paragraph (c)](#c) of this section over a minimum of 3 consecutive steam generating unit operating hours at maximum heat input capacity using Method 7, 7A, or 7E of appendix A-4 to [40 CFR part 60](/cfr/40/part60.md), Method 320 of appendix A to [40 CFR part 63](/cfr/40/part63.md), or other approved reference methods. The annual performance test must be conducted before the affected units operates more than 400 hours in a given year.
    - (iii) You must develop and comply with a monitoring plan that relates the operational parameters to emissions of the affected unit. The owner or operator of each affected unit shall develop a monitoring plan that identifies the operating conditions of the affected unit to be monitored and the records to be maintained in order to reliably predict NOX emissions and determine compliance with the applicable emissions limits of this section on a continuous basis. You shall include the following information in the plan:
      - (A) You shall identify the specific operating parameters to be monitored and the relationship between these operating parameters and the applicable NOX emission rates. Operating parameters of the affected unit include, but are not limited to, the degree of staged combustion (i.e., the ratio of primary air to secondary and/or tertiary air) and the level of excess air (i.e., flue gas O2 level).
      - (B) You shall include the data and information used to identify the relationship between NOX emission rates and these operating conditions.
      - (C) **You shall identify—** how these operating parameters, including steam generating unit load, will be monitored on an hourly basis during periods of operation of the affected unit; the quality assurance procedures or practices that will be employed to ensure that the data generated by monitoring these operating parameters will be representative and accurate; and the type and format of the records of these operating parameters, including steam generating unit load, that you will maintain.
  - (4) You shall submit the monitoring plan to the EPA via the CEDRI reporting system, and request that the relevant permitting agency incorporate the monitoring plan into the facility's title V permit.
- (e) **Recordkeeping requirements.**
  - (1) If you are the owner or operator of an affected unit, which is not a low-use boiler, you shall maintain records of the following information for each day the affected unit operates during the ozone season:
    - (i) Calendar date;
    - (ii) The average hourly NOX emissions rates (expressed as lbs NO2/mmBtu heat input) measured or predicted;
    - (iii) The 30-day average NOX emissions rates calculated at the end of each affected unit operating day from the measured or predicted hourly NOX emissions rates for the preceding 30 steam generating unit operating days;
    - (iv) Identification of the affected unit operating days when the calculated 30-day rolling average NOX emissions rates are in excess of the applicable NOX emissions limit in [paragraph (c)](#c) of this section with the reasons for such excess emissions as well as a description of corrective actions taken;
    - (v) Identification of the affected unit operating days for which pollutant data have not been obtained, including reasons for not obtaining sufficient data and a description of corrective actions taken;
    - (vi) Identification of the times when emissions data have been excluded from the calculation of average emissions rates and the reasons for excluding data;
    - (vii) Identification of “F” factor used for calculations, method of determination, and type of fuel combusted;
    - (viii) Identification of the times when the pollutant concentration exceeded full span of the CEMS;
    - (ix) Description of any modifications to the CEMS that could affect the ability of the CEMS to comply with Performance Specification 2 or 3 in appendix B to [40 CFR part 60](/cfr/40/part60.md);
    - (x) Results of daily CEMS drift tests and quarterly accuracy assessments as required under Procedure 1 of [40 CFR part 60](/cfr/40/part60.md), appendix F; and
    - (xi) **The type and amounts of each fuel combusted.**
  - (2) If you are the owner or operator of an affected unit complying as a low-use boiler, you must maintain the following records consistent with the requirements of [§ 52.40(g)](/cfr/40/52.40.md?p=g):
    - (i) Identification and location of the boiler;
    - (ii) Nameplate capacity;
    - (iii) The fuel or fuels used by the boiler;
    - (iv) For each operating day, the type and amount of fuel combusted, and the date and total number of hours of operation; and
    - (v) the annual hours of operation for each of the prior 3 years, and the 3-year average hours or operation.
- (f) **Reporting requirements.**
  - (1) If you are the owner or operator of an affected unit, you must submit the results of the performance test or performance evaluation of the CEMS following the procedures specified in [§ 52.40(g)](/cfr/40/52.40.md?p=g) within 60 days after the date of completing each performance test required by this section.
  - (2) If you are the owner or operator of an affected unit, you are required to submit excess emissions reports for any excess emissions that occurred during the reporting period. Excess emissions are defined as any calculated 30-day rolling average NOX emissions rate, as determined under [paragraph (e)(1)(iii)](#e-1-iii) of this section, that exceeds the applicable emissions limit in [paragraph (c)](#c) of this section. Excess emissions reports must be submitted in PDF format to the EPA via CEDRI or analogous electronic reporting approach provided by the EPA to report data required by this section following the procedures specified in [§ 52.40(g)](/cfr/40/52.40.md?p=g).
  - (3) If you are the owner or operator an affected unit subject to the continuous monitoring requirements for NOX under [paragraph (d)](#d) of this section, you shall submit reports containing the information recorded under [paragraph (d)](#d) of this section as described in [paragraph (e)(1)](#e-1) of this section. You shall submit compliance reports for continuous monitoring in PDF format to the EPA via CEDRI or analogous electronic reporting approach provided by the EPA to report data required by this section following the procedures specified in [§ 52.40(g)](/cfr/40/52.40.md?p=g).
  - (4) If you are the owner or operator of an affected unit, you shall submit an annual report in PDF format to the EPA by January 30th of each year via CEDRI or analogous electronic reporting approach provided by the EPA to report data required by this section. Annual reports shall be submitted following the procedures in [§ 52.40(g)](/cfr/40/52.40.md?p=g).

# §52.46. What are the requirements of the Federal Implementation Plans (FIPs) relating to ozone season emissions of nitrogen oxides from Municipal Waste Combustors?

- (a) **Definitions.** All terms not defined in this [paragraph (a)](#a) shall have the meaning given them in the Act and in [subpart A](/cfr/40/subpartA.md) of [40 CFR part 60](/cfr/40/part60.md).

  Affected unit means a municipal waste combustor meeting the applicability criteria of this section.

  Chief facility operator means the person in direct charge and control of the operation of a municipal waste combustor and who is responsible for daily onsite supervision, technical direction, management, and overall performance of the facility.

  Mass burn refractory municipal waste combustor means a field-erected combustor that combusts municipal solid waste in a refractory wall furnace. Unless otherwise specified, this includes combustors with a cylindrical rotary refractory wall furnace.

  Mass burn rotary waterwall municipal waste combustor means a field-erected combustor that combusts municipal solid waste in a cylindrical rotary waterwall furnace or on a tumbling-tile grate.

  Mass burn waterwall municipal waste combustor means a field-erected combustor that combusts municipal solid waste in a waterwall furnace.

  Municipal waste combustor, MWC, or municipal waste combustor unit means:

  - (i) Means any setting or equipment that combusts solid, liquid, or gasified MSW including, but not limited to, field-erected incinerators (with or without heat recovery), modular incinerators (starved-air or excess-air), boilers (i.e., steam-generating units), furnaces (whether suspension-fired, grate-fired, mass-fired, air curtain incinerators, or fluidized bed-fired), and pyrolysis/combustion units. Municipal waste combustors do not include pyrolysis/combustion units located at plastics/rubber recycling units. Municipal waste combustors do not include internal combustion engines, gas turbines, or other combustion devices that combust landfill gases collected by landfill gas collection systems.
  - (ii) **The boundaries of a MWC are defined as follows.** The MWC unit includes, but is not limited to, the MSW fuel feed system, grate system, flue gas system, bottom ash system, and the combustor water system. The MWC boundary starts at the MSW pit or hopper and extends through:
    - (A) The combustor flue gas system, which ends immediately following the heat recovery equipment or, if there is no heat recovery equipment, immediately following the combustion chamber;
    - (B) The combustor bottom ash system, which ends at the truck loading station or similar ash handling equipment that transfer the ash to final disposal, including all ash handling systems that are connected to the bottom ash handling system; and
    - (C) The combustor water system, which starts at the feed water pump and ends at the piping exiting the steam drum or superheater.
  - (iii) The MWC unit does not include air pollution control equipment, the stack, water treatment equipment, or the turbine generator set.

    Municipal waste combustor unit capacity means the maximum charging rate of a municipal waste combustor unit expressed in tons per day of municipal solid waste combusted, calculated according to the procedures under [paragraph (e)(4)](#e-4) of this section.

    Shift supervisor means the person who is in direct charge and control of the operation of a municipal waste combustor and who is responsible for onsite supervision, technical direction, management, and overall performance of the facility during an assigned shift.

- (b) **Applicability.** The requirements of this section apply to each new or existing municipal waste combustor unit with a combustion capacity greater than 250 tons per day (225 megagrams per day) of municipal solid waste and which is located within any of the States listed in [§ 52.40(c)(2)](/cfr/40/52.40.md?p=c-2), including Indian country located within the borders of any such State(s).
- (c) **Emissions limitations.** If you are the owner or operator of an affected unit, you must meet the following emissions limitations at all times, except during startup and shutdown, on a 30-day rolling average basis during the 2026 ozone season and in each ozone season thereafter:
  - (1) 110 ppmvd at 7 percent oxygen on a 24-hour block averaging period; and
  - (2) 105 ppmvd at 7 percent oxygen on a 30-day rolling averaging period.
- (d) **Startup and shutdown requirements.** If you are the owner or operator of an affected unit, you must comply with the following requirements during startup and shutdown:
  - (1) During periods of startup and shutdown, you shall meet the following emissions limits at stack oxygen content:
    - (i) 110 ppmvd at stack oxygen content on a 24-hour block averaging period; and
    - (ii) 105 ppmvd at stack oxygen content on a 30-day rolling averaging period.
  - (2) **Duration of startup and shutdown, periods are limited to 3 hours per occurrence.**
  - (3) The startup period commences when the affected unit begins the continuous burning of municipal solid waste and does not include any warmup period when the affected unit is combusting fossil fuel or other nonmunicipal solid waste fuel, and no municipal solid waste is being fed to the combustor.
  - (4) Continuous burning is the continuous, semicontinuous, or batch feeding of municipal solid waste for purposes of waste disposal, energy production, or providing heat to the combustion system in preparation for waste disposal or energy production. The use of municipal solid waste solely to provide thermal protection of the grate or hearth during the startup period when municipal solid waste is not being fed to the grate is not considered to be continuous burning.
  - (5) The owner and operator of an affected unit shall minimize NOX emissions by operating and optimizing the use of all installed pollution control technology and combustion controls consistent with the technological limitations, manufacturers' specifications, good engineering and maintenance practices, and good air pollution control practices for minimizing emissions (as defined in [40 CFR 60.11(d)](/cfr/40/60.11.md?p=d)) for such equipment and the unit at all times the unit is in operation.
- (e) **Testing and monitoring requirements.**
  - (1) If you are the owner or operator of an affected unit, you shall install, calibrate, maintain, and operate a continuous emissions monitoring system (CEMS) for measuring the oxygen or carbon dioxide content of the flue gas at each location where NOX are monitored and record the output of the system. You shall comply with the following test procedures and test methods:
    - (i) You shall use a span value of 25 percent oxygen for the oxygen monitor or 20 percent carbon dioxide for the carbon dioxide monitor;
    - (ii) You shall install, evaluate, and operate the CEMS in accordance with [40 CFR 60.13](/cfr/40/60.13.md);
    - (iii) You shall complete the initial performance evaluation no later than 180 days after the date of initial startup of the affected unit, as specified under [40 CFR 60.8](/cfr/40/60.8.md);
    - (iv) You shall operate the monitor in conformance with Performance Specification 3 in [40 CFR part 60](/cfr/40/part60.md), appendix B, except for [section 2.3](/cfr/40/2.3.md) (relative accuracy requirement);
    - (v) You shall operate the monitor in accordance with the quality assurance procedures of [40 CFR part 60](/cfr/40/part60.md), appendix F, except for [section 5.1.1](/cfr/40/5.1.1.md) (relative accuracy test audit); and
    - (vi) If you select carbon dioxide for use in diluent corrections, you shall establish the relationship between oxygen and carbon dioxide levels during the initial performance test according to the following procedures and methods:
      - (A) This relationship may be reestablished during performance compliance tests; and
      - (B) You shall submit the relationship between carbon dioxide and oxygen concentrations to the EPA as part of the initial performance test report and as part of the annual test report if the relationship is reestablished during the annual performance test.
  - (2) If you are the owner or operator of an affected unit, you shall use the following procedures and test methods to determine compliance with the NOX emission limits in [paragraph (c)](#c) of this section:
    - (i) If you are not already operating a CEMS in accordance with [40 CFR 60.13](/cfr/40/60.13.md), you shall conduct an initial performance test for nitrogen oxides consistent with [40 CFR 60.8](/cfr/40/60.8.md).
    - (ii) You shall install and operate the NOX CEMS according to Performance Specification 2 in [40 CFR part 60](/cfr/40/part60.md), appendix B, and shall follow the requirements of [40 CFR 60.58b(h)(10)](/cfr/40/60.58b.md?p=h-10).
    - (iii) Quarterly accuracy determinations and daily calibration drift tests for the CEMS shall be performed in accordance with Procedure 1 in [40 CFR part 60](/cfr/40/part60.md), appendix F.
    - (iv) When NOX continuous emissions data are not obtained because of CEMS breakdowns, repairs, calibration checks, and zero and span adjustments, emissions data shall be obtained using other monitoring systems as approved by the EPA or EPA Reference Method 19 in [40 CFR part 60](/cfr/40/part60.md), appendix A-7, to provide, as necessary, valid emissions data for a minimum of 90 percent of the hours per calendar quarter and 95 percent of the hours per calendar year the unit is operated and combusting municipal solid waste.
    - (v) You shall use EPA Reference Method 19, [section 4.1](/cfr/40/4.1.md), in [40 CFR part 60](/cfr/40/part60.md), appendix A-7, for determining the daily arithmetic average NOX emissions concentration.
      - (A) You may request that compliance with the NOX emissions limit be determined using carbon dioxide measurements corrected to an equivalent of 7 percent oxygen. The relationship between oxygen and carbon dioxide levels for the affected unit shall be established as specified in [paragraph (e)(1)(vi)](#e-1-vi) of this section.
      - (B) [Reserved]
    - (vi) At a minimum, you shall obtain valid CEMS hourly averages for 90 percent of the operating hours per calendar quarter and for 95 percent of the operating hours per calendar year that the affected unit is combusting municipal solid waste:
      - (A) At least 2 data points per hour shall be used to calculate each 1-hour arithmetic average.
      - (B) Each NOX 1-hour arithmetic average shall be corrected to 7 percent oxygen on an hourly basis using the 1-hour arithmetic average of the oxygen (or carbon dioxide) continuous emissions monitoring system data.
    - (vii) The 1-hour arithmetic averages section shall be expressed in parts per million by volume (dry basis) and used to calculate the 24-hour daily arithmetic average concentrations. The 1-hour arithmetic averages shall be calculated using the data points required under [40 CFR 60.13(e)(2)](/cfr/40/60.13.md?p=e-2).
    - (viii) All valid CEMS data must be used in calculating emissions averages even if the minimum CEMS data requirements of [paragraph (e)(2)(iv)](#e-2-iv) of this section are not met.
    - (ix) The procedures under [40 CFR 60.13](/cfr/40/60.13.md) shall be followed for installation, evaluation, and operation of the CEMS. The initial performance evaluation shall be completed no later than 180 days after the date of initial startup of the municipal waste combustor unit.
  - (3) If you are the owner or operator of an affected unit, you must determine compliance with the startup and shutdown requirements of [paragraph (d)](#d) of this section by following the requirements in paragraphs [(e)(3)(i)](#e-3-i) and [(ii)](#e-3-ii) of this section:
    - (i) **You can measure CEMS data at stack oxygen content.** You can dismiss or exclude CEMS data from compliance calculations, but you shall record and report CEMS data in accordance with the provisions of [40 CFR 60.59b(d)(7)](/cfr/40/60.59b.md?p=d-7).
    - (ii) You shall determine compliance with the NOX mass loading emissions limitation for periods of startup and shutdown by calculating the 24-hour average of all hourly average NOX emissions concentrations from continuous emissions monitoring systems.
      - (A) You shall perform this calculations using stack flow rates derived from flow monitors, for all the hours during the 3-hour startup or shutdown period and the remaining 21 hours of the 24-hour period.
      - (B) [Reserved]
  - (4) If you are the owner or operator of an affected unit, you shall calculate municipal waste combustor unit capacity using the following procedures:
    - (i) For municipal waste combustor units capable of combusting municipal solid waste continuously for a 24-hour period, municipal waste combustor unit capacity shall be calculated based on 24 hours of operation at the maximum charging rate. The maximum charging rate shall be determined as specified in paragraphs [(e)(4)(i)(A)](#e-4-i-A) and [(B)](#e-4-i-B) of this section as applicable.
      - (A) For combustors that are designed based on heat capacity, the maximum charging rate shall be calculated based on the maximum design heat input capacity of the unit and a heating value of 12,800 kilojoules per kilogram for combustors firing refuse-derived fuel and a heating value of 10,500 kilojoules per kilogram for combustors firing municipal solid waste that is not refuse-derived fuel.
      - (B) For combustors that are not designed based on heat capacity, the maximum charging rate shall be the maximum design charging rate.
    - (ii) For batch feed municipal waste combustor units, municipal waste combustor unit capacity shall be calculated as the maximum design amount of municipal solid waste that can be charged per batch multiplied by the maximum number of batches that could be processed in a 24-hour period. The maximum number of batches that could be processed in a 24-hour period is calculated as 24 hours divided by the design number of hours required to process one batch of municipal solid waste, and may include fractional batches (e.g., if one batch requires 16 hours, then 24/16, or 1.5 batches, could be combusted in a 24-hour period). For batch combustors that are designed based on heat capacity, the design heating value of 12,800 kilojoules per kilogram for combustors firing refuse-derived fuel and a heating value of 10,500 kilojoules per kilogram for combustors firing municipal solid waste that is not refuse-derived fuel shall be used in calculating the municipal waste combustor unit capacity in megagrams per day of municipal solid waste.
- (f) **Recordkeeping requirements.** If you are the owner or operator of an affected unit, you shall maintain records of the following information, as applicable, for each affected unit consistent with the requirements of [§ 52.40(g)](/cfr/40/52.40.md?p=g).
  - (1) **The calendar date of each record.**
  - (2) **The emissions concentrations and parameters measured using continuous monitoring systems.**
    - (i) **All 1-hour average NO<I>X</I> emissions concentrations.**
    - (ii) The average concentrations and percent reductions, as applicable, including all 24-hour daily arithmetic average NOX emissions concentrations.
  - (3) Identification of the calendar dates and times (hours) for which valid hourly NOX emissions, including reasons for not obtaining the data and a description of corrective actions taken.
  - (4) Identification of each occurrence that NOX emissions data, or operational data (i.e., unit load) have been excluded from the calculation of average emissions concentrations or parameters, and the reasons for excluding the data.
  - (5) The results of daily drift tests and quarterly accuracy determinations for CEMS, as required under [40 CFR part 60](/cfr/40/part60.md), appendix F, Procedure 1.
  - (6) **The following records—**
    - (i) Records showing the names of the municipal waste combustor chief facility operator, shift supervisors, and control room operators who have been provisionally certified by the American Society of Mechanical Engineers or an equivalent State-approved certification program as required by [40 CFR 60.54b(a)](/cfr/40/60.54b.md?p=a) including the dates of initial and renewal certifications and documentation of current certification;
    - (ii) Records showing the names of the municipal waste combustor chief facility operator, shift supervisors, and control room operators who have been fully certified by the American Society of Mechanical Engineers or an equivalent State-approved certification program as required by [40 CFR 60.54b(b)](/cfr/40/60.54b.md?p=b) including the dates of initial and renewal certifications and documentation of current certification;
    - (iii) Records showing the names of the municipal waste combustor chief facility operator, shift supervisors, and control room operators who have completed the EPA municipal waste combustor operator training course or a State-approved equivalent course as required by [40 CFR 60.54b(d)](/cfr/40/60.54b.md?p=d) including documentation of training completion; and
    - (iv) **Records of when a certified operator is temporarily off site.** Include two main items:
      - (A) If the certified chief facility operator and certified shift supervisor are off site for more than 12 hours, but for 2 weeks or less, and no other certified operator is on site, record the dates that the certified chief facility operator and certified shift supervisor were off site.
      - (B) When all certified chief facility operators and certified shift supervisors are off site for more than 2 weeks and no other certified operator is on site, keep records of four items:

        (1) Time of day that all certified persons are off site.

        (2) The conditions that cause those people to be off site.

        (3) The corrective actions taken by the owner or operator of the affected unit to ensure a certified chief facility operator or certified shift supervisor is on site as soon as practicable.

        (4) Copies of the reports submitted every 4 weeks that summarize the actions taken by the owner or operator of the affected unit to ensure that a certified chief facility operator or certified shift supervisor will be on site as soon as practicable.

  - (7) Records showing the names of persons who have completed a review of the operating manual as required by [40 CFR 60.54b(f)](/cfr/40/60.54b.md?p=f) including the date of the initial review and subsequent annual reviews.
  - (8) Records of steps taken to minimize emissions during startup and shutdown as required by [paragraph (d)(5)](#d-5) of this section.
- (g) **Reporting requirements.**
  - (1) If you are the owner or operator of an affected unit, you must submit the results of the performance test or performance evaluation of the CEMS following the procedures specified in [§ 52.40(g)](/cfr/40/52.40.md?p=g) within 60 days after the date of completing each performance test required by this section.
  - (2) If you are the owner or operator of an affected unit, you shall submit an annual report in PDF format to the EPA by January 30th of each year via CEDRI or analogous electronic reporting approach provided by the EPA to report data required by this section. Annual reports shall be submitted following the procedures in [§ 52.40(g)](/cfr/40/52.40.md?p=g). The report shall include all information required by [paragraph (e)](#e) of this section, including CEMS data to demonstrate compliance with the applicable emissions limits under [paragraph (c)](#c) of this section.