CEMS as specified in section 7 of Performance Specification 2.

[40 FR 46255, Oct. 6, 1975; 40 FR 59205, Dec. 22, 1975, as amended at 41 FR 35185, Aug. 20, 1976; 48 FR 13326, Mar. 30, 1983; 48 FR 23610, May 25, 1983; 48 FR 32986, July 20, 1983; 52 FR 9782, Mar. 26, 1987; 52 FR 17555, May 11, 1987; 52 FR 21007, June 4, 1987; 64 FR 7463, Feb. 12, 1999]

§ 60.14 Modification.

(a) Except as provided under paragraphs (e) and (f) of this section, any physical or operational change to an existing facility which results in an increase in the emission rate to the atmosphere of any pollutant to which a standard applies shall be considered a modification within the meaning of section 111 of the Act. Upon modification, an existing facility shall become an affected facility for each pollutant to which a standard applies and for which there is an increase in the emission rate to the atmosphere.

(b) Emission rate shall be expressed as kg/hr of any pollutant discharged into the atmosphere for which a standard is applicable. The Administrator shall use the following to determine emission rate:

(1) Emission factors as specified in the latest issue of "Compilation of Air Pollutant Emission Factors," EPA Publication No. AP-42, or other emission factors determined by the Administrator to be superior to AP-42 emission factors, in cases where utilization of emission factors demonstrate that the emission level resulting from the physical or operational change will either clearly increase or clearly not in

crease.

oper

balances, (2) Material continuous monitor data, or manual emission tests in cases where utilization of emission factors as referenced in paragraph (b)(1) of this section does not demonstrate to the Administrator's satisfaction whether the emission level resulting from the physical or ational change will either clearly increase or clearly not increase, or where an owner or operator demonstrates to the Administrator's satisfaction that there are reasonable grounds to dispute the result obtained by the Administrator utilizing emission factors as referenced in paragraph (b)(1) of this section. When the emission rate is based

on results from manual emission tests or continuous monitoring systems, the procedures specified in appendix C of this part shall be used to determine whether an increase in emission rate has occurred. Tests shall be conducted under such conditions as the Administrator shall specify to the owner or operator based on representative performance of the facility. At least three valid test runs must be conducted before and at least three after the physical or operational change. All operating parameters which may affect emissions must be held constant to the maximum feasible degree for all test

runs.

(c) The addition of an affected facility to a stationary source as an expansion to that source or as a replacement for an existing facility shall not by itself bring within the applicability of this part any other facility within that

source.

(d) [Reserved]

(e) The following shall not, by themselves, be considered modifications under this part:

(1) Maintenance, repair, and replacement which the Administrator determines to be routine for a source category, subject to the provisions of paragraph (c) of this section and §60.15.

(2) An increase in production rate of an existing facility, if that increase can be accomplished without a capital expenditure on that facility.

(3) An increase in the hours of operation.

(4) Use of an alternative fuel or raw material if, prior to the date any standard under this part becomes applicable to that source type, as provided by §60.1, the existing facility was designed to accommodate that alternative use. A facility shall be considered to be designed to accommodate an alternative fuel or raw material if that use could be accomplished under the facility's construction specifications as amended prior to the change. Conversion to coal required for energy considerations, specified in section 111(a)(8) of the Act, shall not be considered a modification.

as

(5) The addition or use of any system or device whose primary function is the reduction of air pollutants, except

when an emission control system is removed or is replaced by a system which the Administrator determines to be less environmentally beneficial.

(6) The relocation or change in ownership of an existing facility.

(f) Special provisions set forth under an applicable subpart of this part shall supersede any conflicting provisions of this section.

(g) Within 180 days of the completion of any physical or operational change subject to the control measures specified in paragraph (a) of this section, compliance with all applicable standards must be achieved.

(h) No physical change, or change in the method of operation, at an existing electric utility steam generating unit shall be treated as a modification for the purposes of this section provided that such change does not increase the maximum hourly emissions of any pollutant regulated under this section above the maximum hourly emissions achievable at that unit during the 5 years prior to the change.

are

(i) Repowering projects that awarded funding from the Department of Energy as permanent clean coal technology demonstration projects (or similar projects funded by EPA) are exempt from the requirements of this section provided that such change does not increase the maximum hourly emissions of any pollutant regulated under this section above the maximum hourly emissions achievable at that unit during the five years prior to the change.

(j)(1) Repowering projects that qualify for an extension under section 409(b) of the Clean Air Act are exempt from the requirements of this section, provided that such change does not increase the actual hourly emissions of any pollutant regulated under this section above the actual hourly emissions achievable at that unit during the 5 years prior to the change.

(2) This exemption shall not apply to any new unit that:

(i) Is designated as a replacement for an existing unit;

(ii) Qualifies under section 409(b) of the Clean Air Act for an extension of an emission limitation compliance date under section 405 of the Clean Air Act; and

(iii) Is located at a different site than the existing unit.

(k) The installation, operation, cessation, or removal of a temporary clean coal technology demonstration project is exempt from the requirements of this section. A temporary clean coal control technology demonstration project, for the purposes of this section is a clean coal technology demonstration project that is operated for a period of 5 years or less, and which complies with the State implementation plan for the State in which the project is located and other requirements necessary to attain and maintain the national ambient air quality standards during the project and after it is terminated.

(1) The reactivation of a very clean coal-fired electric utility steam generating unit is exempt from the requirements of this section.

[40 FR 58419, Dec. 16, 1975, amended at 43 FR 34347, Aug. 3, 1978; 45 FR 5617, Jan. 23, 1980; 57 FR 32339, July 21, 1992]

(a) An existing facility, upon reconstruction, becomes an affected facility, irrespective of any change in emission rate.

(b) "Reconstruction" means the replacement of components of an existing facility to such an extent that:

(1) The fixed capital cost of the new components exceeds 50 percent of the fixed capital cost that would be required to construct a comparable entirely new facility, and

(2) It is technologically and economically feasible to meet the applicable standards set forth in this part.

(c) "Fixed capital cost" means the capital needed to provide all the depreciable components.

(d) If an owner or operator of an existing facility proposes to replace components, and the fixed capital cost of the new components exceeds 50 percent of the fixed capital cost that would be required to construct a comparable entirely new facility, he shall notify the Administrator of the proposed replacements. The notice must be postmarked 60 days (or as soon as practicable) before construction of the replacements is commenced and must include the following information:

(1) Name and address of the owner or operator.

(2) The location of the existing facility.

(3) A brief description of the existing facility and the components which are to be replaced.

(4) A description of the existing air pollution control equipment and the proposed air pollution control equipment.

(5) An estimate of the fixed capital cost of the replacements and of constructing a comparable entirely new facility.

(6) The estimated life of the existing facility after the replacements.

(7) A discussion of any economic or technical limitations the facility may have in complying with the applicable standards of performance after the proposed replacements.

(e) The Administrator will determine, within 30 days of the receipt of the notice required by paragraph (d) of this section and any additional information he may reasonably require, whether the proposed replacement constitutes reconstruction.

(f) The Administrator's determination under paragraph (e) shall be based

on:

(1) The fixed capital cost of the replacements in comparison to the fixed capital cost that would be required to construct a comparable entirely new facility;

(2) The estimated life of the facility after the replacements compared to the life of a comparable entirely new facility;

or

con

(3) The extent to which the components being replaced cause tribute to the emissions from the facility; and

(4) Any economic or technical limitations on compliance with applicable standards of performance which are inherent in the proposed replacements.

(g) Individual subparts of this part may include specific provisions which refine and delimit the concept of reconstruction set forth in this section.

[40 FR 58420, Dec. 16, 1975]

Sodium Carbonate

Secondary Zinc (Deleted)

Asphalt Processing and Asphalt Roofing Manufacture

Brick and Related Clay Products

Ceramic Clay Manufacturing (Deleted)

Ammonium Nitrate Fertilizer

Castable Refractories (Deleted)

Polymers and Resins: Polyester Resins Ammonium Sulfate

§ 60.17 Incorporations by reference.

The materials listed below are incorporated by reference in the corresponding sections noted. These incorporations by reference were approved by the Director of the Federal Register on the date listed. These materials are incorporated as they exist on the date of the approval, and a notice of any change in these materials will be published in the FEDERAL REGISTER. The materials are available for purchase at the corresponding address noted below, and all are available for inspection at the Office of the Federal Register, 800 North Capitol Street, NW., suite 700, Washington, DC and at the Library (MD-35), U.S. EPA, Research Triangle Park, NC.

(a) The following materials are available for purchase from at least one of the following addresses: American Society for Testing and Materials (ASTM), 1916 Race Street, Philadelphia, Pennsylvania 19103; or the University Microfilms International, 300 North Zeeb Road, Ann Arbor, MI 48106.

(1) ASTM D388-77, Standard Specification for Classification of Coals by Rank, incorporation by reference (IBR) approved for §§ 60.41(f): 60.45(f)(4)(i), (ii), (vi); 60.41a; 60.41b; 60.41c; 60.25(b), (c).

(2) ASTM D3178-73, Standard Test Methods for Carbon and Hydrogen in the Analysis Sample of Coal and Coke, IBR approved January 27, 1983 for § 60.45(f)(5)(i).

(3) ASTM D3176-74, Standard Method for Ultimate Analysis of Coal and Coke, IBR approved January 27, 1983, for §60.45(f)(5)(i); appendix A to part 60, Method 19.

(4) ASTM D1137-53 (Reapproved 1975), Standard Method for Analysis of Natural Gases and Related Types of Gaseous Mixtures by the Mass Spectrometer, IBR approved January 27, 1983 for § 60.45(f)(5)(i).

(5) ASTM D1945-64 (Reapproved 1976), Standard Method for Analysis of Natural Gas by Gas Chromatography, IBR approved January 27, 1983 for § 60.45(f)(5)(i).

(6) ASTM D1946-77, Standard Method for Analysis of Reformed Gas by Gas Chromatography, IBR approved for §§ 60.45(f)(5)(i), 60.18(c)(3)(i), 60.18(f), 60.614(d)(2)(ii), 60.614(d)(4), 60.664(d)(2)(ii), 60.664(d)(4), 60.564(f), 60.704(d)(2)(ii) and 60.704(d)(4).

(7) ASTM D2015-77, Standard Test Method for Gross Calorific Value of Solid Fuel by the Adiabatic Bomb Calorimeter, IBR approved January 27, 1983 for §60.45(f)(5)(ii); §60.46(g); appendix A to part 60, Method 19.

(8) ASTM D1826-77, Standard Test Method for Calorific Value of Gases in Natural Gas Range by Continuous Recording Calorimeter, IBR approved January 27, 1983, for §§ 60.45(f)(5)(ii); 60.46(g); 60.296(f); appendix A to part 60, Method 19.

(9) ASTM D240-76, Standard Test Method for Heat of Combustion of Liquid Hydrocarbon Fuels by Bomb Calorimeter, IBR approved January 27, 1983, for $60.46(g); 60.296(f); appendix A to part 60, Method 19.

(10) ASTM D396-78, Standard Specification for Fuel Oils, IBR approved for §§ 60.40b; 60.41b; 60.41c; 60.111(b); 60.111a(b).

(11) ASTM D2880-78, Standard Specification for Gas Turbine Fuel Oils, IBR approved January 27, 1983 for §§ 60.111(b), 60.111a(b), 60.335(b)(2).

(12) ASTM D975-78, Standard Specification for Diesel Fuel Oils, IBR approved January 27, 1983 for §§ 60.111(b), 60.111a(b).

(13) ASTM D323-82, Test Method for Vapor Pressure of Petroleum Products (Reid Method), IBR approved April 8, 1987 for §§ 60.111(1), 60.111a(g), 60.111b(g), and 60.116b(f)(2)(ii).

(14) ASTM A99-76, Standard Specification for Ferromanganese, IBR approved January 27, 1983 for § 60.261.

(15) ASTM A483-64 (Reapproved 1974), Standard Specification for Silicomanganese, IBR approved January 27, 1983 for § 60.261.

(16) ASTM A101-73, Standard Specification for Ferrochromium, IBR approved January 27, 1983 for § 60.261.

(17) ASTM A100-69 (Reapproved 1974), Standard Specification for Ferrosilicon, IBR approved January 27, 1983 for § 60.261.

(18) ASTM A482-76, Standard Specification for Ferrochromesilicon, IBR approved January 27, 1983 for § 60.261.

(19) ASTM A495-76, Standard Specification for Calcium-Silicon and Calcium ManganeseSilicon, IBR approved January 27, 1983 for § 60.261.

(20) ASTM D 1072-80, Standard Method for Total Sulfur in Fuel Gases, IBR approved July 31, 1984 for §60.335(b)(2).

(21) ASTM D2986-71 (Reapproved 1978), Standard Method for Evaluation of Air, Assay Media by the Monodisperse DOP (Dioctyl Phthalate) Smoke Test, IBR approved January 27, 1983 for appendix A to part 60, Method 5, par. 3.1.1; Method 12, par. 4.1.1; Method 17, par. 3.1.1.

(22) ASTM D 1193-77, Standard Specification for Reagent Water, for appendix A to part 60, Method 6, par. 3.1.1; Method 7, par. 3.2.2; Method 7C, par. 3.1.1; Method 7D, par. 3.1.1; Method 8, par. 3.1.3; Method 12, par. 4.1.3; Method 25D, par. 3.2.2.4; Method 26A, par. 3.1.1; Method 29, pars. 4.2.2., 4.4.2., and 4.5.6.; Method 14A, par. 7.1.

(23) [Reserved]

(24) ASTM D2234-76, Standard Methods for Collection of a Gross Sample of Coal, IBR approved January 27, 1983, for appendix A to part 60, Method 19.

(25) ASTM D3173-73, Standard Test Method for Moisture in the Analysis Sample of Coal and Coke, IBR approved January 27, 1983, for appendix A to part 60, Method 19.

(26) ASTM D3177-75, Standard Test Methods for Total Sulfur in the Analysis Sample of Coal and Coke, IBR approved January 27, 1983, for appendix A to part 60, Method 19.

(27) ASTM D2013-72, Standard Method of Preparing Coal Samples for Analysis, IBR approved January 27, 1983, for appendix A to part 60, Method 19.

(28) ASTM D270-65 (Reapproved 1975), Standard Method of Sampling Petroleum and Petroleum Products, IBR approved January 27, 1983, for appendix A to part 60, Method 19.

(29) ASTM D737-85, Standard Test Method for Air Permeability of Textile Fabrics, IBR approved January 27, 1983 for §61.23(a).

(30) ASTM D1475-60 (Reapproved 1980), Standard Test Method for Density of Paint, Varnish, Lacquer, and Related Products, IBR approved January 27, 1983 for $60.435(d)(1), appendix A to part 60, Method 24, par. 2.1, and Method 24A, par. 2.2.

(31) ASTM D2369-81, Standard Test Method for Volatile Content of Coatings, IBR approved January 27, 1983 for appendix A to part 60, Method 24.

(32) ASTM D3792-79, Standard Method for Water Content of Water-Reducible Paints by Direct Injection Into a Gas Chromatograph, IBR approved January 27, 1983 for appendix A to part 60, Method 24, par. 2.3.

(33) ASTM D4017-81, Standard Test Method for Water in Paints and Paint Materials by

the Karl Fischer Titration Method, IBR approved January 27, 1983 for appendix A to part 60, Method 24, par. 2.4.

(34) ASTM E169-63 (Reapproved 1977), General Techniques of Ultraviolet Quantitative Analysis, IBR approved for § 60.485(d), §60.593(b), and § 60.632(f).

(35) ASTM E168-67 (Reapproved 1977), General Techniques of Infrared Quantitative Analysis, IBR approved for § 60.485(d),

§ 60.593(b), and § 60.632(f).

(36) ASTM E260-73, General Gas Chromatography Procedures, IBR approved for § 60.485(d), § 60.593(b), and §60.632(f).

(37) ASTM D2879-83, Test Method for Vapor Pressure-Temperature Relationship and Initial Decomposition Temperature of Liquids by Isoteniscope, IBR approved April 8, 1987 for $860.485(e), 60.111b(f)(3), 60.116b(e)(3)(ii), and 60.116b(f)(2)(i).

(38) ASTM D2382-76, Heat of Combustion of Hydrocarbon Fuels by Bomb Calorimeter [High-Precision Method], IBR approved for §§ 60.18(f), 60.485(g), 60.614(d)(4), 60.664(d)(4), and 60.564(f), and 60.704(d)(4).

(39) ASTM D2504-67 (Reapproved 1977), Noncondensable Gases in C3 and Lighter Hydrocarbon Products by Gas Chromatography, IBR approved for § 60.485(g).

(40) ASTM D86-78, Distillation of Petroleum Products, IBR approved for §60.593(d), §60.633(h), and § 60.562-2(d). (41) [Reserved]

(42) ASTM D 3031-81, Standard Test Method for Total Sulfur in Natural Gas by Hydrogenation, IBR approved July 31, 1984 for § 60.335(b)(2).

(43) ASTM D 4084-82, Standard Method for Analysis of Hydrogen Sulfide in Gaseous Fuels (Lead Acetate Reaction Rate Method), IBR approved July 31, 1984 for § 60.335(b)(2).

(44) ASTM D 3246-81, Standard Method for Sulfur in Petroleum Gas by Oxidative Microcoulometry, IBR approved July 31, 1984 for §60.335(b)(2).

(45) ASTM D2584-68, Standard Test Method for Ignition Loss of Cured Reinforced Resins, IBR approved February 25, 1985 for § 60.685(e).

(46) ASTM D3431-80, Standard Test Method for Trace Nitrogen in Liquid Petroleum Hydrocarbons (Microcoulometric Method), IBR approved November 25, 1986, for appendix A to part 60, Method 19.

(47) ASTM D129-64 (reapproved 1978). Standard Test Method for Sulfur in Petroleum Products (General Bomb Method), IBR approved for appendix A to part 60, Method 19.

(48) ASTM D1552-83, Standard Test Method for Sulfur in Petroleum Products (High Temperature Method), IBR approved for appendix A to part 60, Method 19.

(49) ASTM D1835-86, Standard Specification for Liquefied Petroleum (LP) Gases, to be approved for § 60.41b.