Subpart J - Standards of Performance for Petroleum Refineries

§60.100 Applicability, designation of affected facility, and reconstruction.

(a) The provisions of this subpart are applicable to the following affected facilities in petroleum refineries: fluid catalytic cracking unit catalyst regenerators, fuel gas combustion devices, and all Claus sulfur recovery plants except Claus plants with a design capacity for sulfur feed of 20 long tons per day (LTD) or less. The Claus sulfur recovery plant need not be physically located within the boundaries of a petroleum refinery to be an affected facility, provided it processes gases produced within a petroleum refinery.

(b) Any fluid catalytic cracking unit catalyst regenerator or fuel gas combustion device under paragraph (a) of this section other than a flare which commences construction, reconstruction or modification after June 11, 1973, and on or before May 14, 2007, or any fuel gas combustion device under paragraph (a) of this section that is also a flare which commences construction, reconstruction or modification after June 11, 1973, and on or before June 24, 2008, or any Claus sulfur recovery plant under paragraph (a) of this section which commences construction, reconstruction or modification after October 4, 1976, and on or before May 14, 2007, is subject to the requirements of this subpart except as provided under paragraphs (c) through (e) of this section.

§60.101 Definitions.

As used in this subpart, all terms not defined herein shall have the meaning given them in the Act and in subpart A.

(a) Petroleum refinery means any facility engaged in producing gasoline, kerosene, distillate fuel oils, residual fuel oils, lubricants, or other products through distillation of petroleum or through redistillation, cracking or reforming of unfinished petroleum derivatives.

(b) Petroleum means the crude oil removed from the earth and the oils derived from tar sands, shale, and coal.

(c) Process gas means any gas generated by a petroleum refinery process unit, except fuel gas and process upset gas as defined in this section.

(d) Fuel gas means any gas which is generated at a petroleum refinery and which is combusted. Fuel gas includes natural gas when the natural gas is combined and combusted in any proportion with a gas generated at a refinery. Fuel gas does not include gases generated by catalytic cracking unit catalyst regenerators and fluid coking burners. Fuel gas does not include vapors that are collected and combusted in a thermal oxidizer or flare installed to control emissions from wastewater treatment units or marine tank vessel loading operations.

(e) Process upset gas means any gas generated by a petroleum refinery process unit as a result of start-up, shut-down, upset or malfunction.

(f) Refinery process unit means any segment of the petroleum refinery in which a specific processing operation is conducted.

(g) Fuel gas combustion device means any equipment, such as process heaters, boilers and flares used to combust fuel gas, except facilities in which gases are combusted to produce sulfur or sulfuric acid.

(h) Coke burn-off means the coke removed from the surface of the fluid catalytic cracking unit catalyst by combustion in the catalyst regenerator. The rate of coke burn-off is calculated by the formula specified in §60.106.

(i) Claus sulfur recovery plant means a process unit which recovers sulfur from hydrogen sulfide by a vapor-phase catalytic reaction of sulfur dioxide and hydrogen sulfide.

(j) Oxidation control system means an emission control system which reduces emissions from sulfur recovery plants by converting these emissions to sulfur dioxide.

(k) Reduction control system means an emission control system which reduces emissions from sulfur recovery plants by converting these emissions to hydrogen sulfide.

(l) Reduced sulfur compounds means hydrogen sulfide (H₂S), carbonyl sulfide (COS) and carbon disulfide (CS₂).

(m) Fluid catalytic cracking unit means a refinery process unit in which petroleum derivatives are continuously charged; hydrocarbon molecules in the presence of a catalyst suspended in a fluidized bed are fractured into smaller molecules, or react with a contact material suspended in a fluidized bed to improve feedstock quality for additional processing; and the catalyst or contact material is continuously regenerated by burning off coke and other deposits. The unit includes the riser, reactor, regenerator, air blowers, spent catalyst or contact material stripper, catalyst or contact material recovery equipment, and regenerator equipment for controlling air pollutant emissions and for heat recovery.

(n) Fluid catalytic cracking unit catalyst regenerator means one or more regenerators (multiple regenerators) which comprise that portion of the fluid catalytic cracking unit in which coke burn-off and catalyst or contact material regeneration occurs, and includes the regenerator combustion air blower(s).

(o) Fresh feed means any petroleum derivative feedstock stream charged directly into the riser or reactor of a fluid catalytic cracking unit except for petroleum derivatives recycled within the fluid catalytic cracking unit, fractionator, or gas recovery unit.

(p) Contact material means any substance formulated to remove metals, sulfur, nitrogen, or any other contaminant from petroleum derivatives.

(q) Valid day means a 24-hour period in which at least 18 valid hours of data are obtained. A “valid hour” is one in which at least 2 valid data points are obtained.

[39 FR 9315, Mar. 8, 1974, as amended at 43 FR 10868, Mar. 15, 1978; 44 FR 13481, Mar. 12, 1979; 45 FR 79453, Dec. 1, 1980; 54 FR 34027, Aug. 17, 1989; 73 FR 35865, June 24, 2008; 77 FR 56463, Sep. 12, 2012]

§60.102 Standard for particulate matter.

Each owner or operator of any fluid catalytic cracking unit catalyst regenerator that is subject to the requirements of this subpart shall comply with the emission limitations set forth in this section on and after the date on which the initial performance test, required by §60.8, is completed, but not later than 60 days after achieving the maximum production rate at which the fluid catalytic cracking unit catalyst regenerator will be operated, or 180 days after initial startup, whichever comes first.

(a) No owner or operator subject to the provisions of this subpart shall discharge or cause the discharge into the atmosphere from any fluid catalytic cracking unit catalyst regenerator:

(1) Particulate matter in excess of 1.0 kg/Mg (2.0 lb/ton) of coke burn-off in the catalyst regenerator.

(2) Gases exhibiting greater than 30 percent opacity, except for one six-minute average opacity reading in any one hour period.

(b) Where the gases discharged by the fluid catalytic cracking unit catalyst regenerator pass through an incinerator or waste heat boiler in which auxiliary or supplemental liquid or solid fossil fuel is burned, particulate matter in excess of that permitted by paragraph (a)(1) of this section may be emitted to the atmosphere, except that the incremental rate of particulate matter emissions shall not exceed 43 grams per Gigajoule (g/GJ) (0.10 lb/million British thermal units (Btu)) of heat input attributable to such liquid or solid fossil fuel.

[39 FR 9315, Mar. 8, 1974, as amended at 42 FR 32427, June 24, 1977; 42 FR 39389, Aug. 4, 1977; 43 FR 10868, Feb. 15, 1978; 54 FR 34027, Aug. 17, 1989; 65 FR 61753, Oct. 17, 2000; 73 FR 35866, June 24, 2008]

§60.103 Standard for carbon monoxide.

Each owner or operator of any fluid catalytic cracking unit catalyst regenerator that is subject to the requirements of this subpart shall comply with the emission limitations set forth in this section on and after the date on which the initial performance test, required by §60.8, is completed, but not later than 60 days after achieving the maximum production rate at which the fluid catalytic cracking unit catalyst regenerator will be operated, or 180 days after initial startup, whichever comes first.

(a) No owner or operator subject to the provisions of this subpart shall discharge or cause the discharge into the atmosphere from any fluid catalytic cracking unit catalyst regenerator any gases that contain carbon monoxide (CO) in excess of 500 ppm by volume (dry basis).

[54 FR 34027, Aug. 17, 1989, as amended at 55 FR 40175, Oct. 2, 1990]

§60.104 Standards for sulfur oxides.

Each owner or operator that is subject to the requirements of this subpart shall comply with the emission limitations set forth in this section on and after the date on which the initial performance test, required by §60.8, is completed, but not later than 60 days after achieving the maximum production rate at which the affected facility will be operated, or 180 days after initial startup, whichever comes first.

(a) No owner or operator subject to the provisions of this subpart shall:

(1) Burn in any fuel gas combustion device any fuel gas that contains hydrogen sulfide (H₂S) in excess of 230 mg/dscm (0.10 gr/dscf). The combustion in a flare of process upset gases or fuel gas that is released to the flare as a result of relief valve leakage or other emergency malfunctions is exempt from this paragraph.

(2) Discharge or cause the discharge of any gases into the atmosphere from any Claus sulfur recovery plant containing in excess of:

(i) For an oxidation control system or a reduction control system followed by incineration, 250 ppm by volume (dry basis) of sulfur dioxide (SO₂) at zero percent excess air.

(ii) For a reduction control system not followed by incineration, 300 ppm by volume of reduced sulfur compounds and 10 ppm by volume of hydrogen sulfide (H₂S), each calculated as ppm SO₂ by volume (dry basis) at zero percent excess air.

(b) Each owner or operator that is subject to the provisions of this subpart shall comply with one of the following conditions for each affected fluid catalytic cracking unit catalyst regenerator:

(1) With an add-on control device, reduce SO₂ emissions to the atmosphere by 90 percent or maintain SO₂ emissions to the atmosphere less than or equal to 50 ppm by volume (ppmv), whichever is less stringent; or

(2) Without the use of an add-on control device to reduce SO₂ emission, maintain sulfur oxides emissions calculated as SO₂ to the atmosphere less than or equal to 9.8 kg/Mg (20 lb/ton) coke burn-off; or

(3) Process in the fluid catalytic cracking unit fresh feed that has a total sulfur content no greater than 0.30 percent by weight.

(c) Compliance with paragraph (b)(1), (b)(2), or (b)(3) of this section is determined daily on a 7-day rolling average basis using the appropriate procedures outlined in §60.106.

(d) A minimum of 22 valid days of data shall be obtained every 30 rolling successive calendar days when complying with paragraph (b)(1) of this section.

[43 FR 10869, Mar. 15, 1978, as amended at 54 FR 34027, Aug. 17, 1989; 55 FR 40175, Oct. 2, 1990; 65 FR 61754, Oct. 17, 2000; 73 FR 35866, June 24, 2008]

§60.105 Monitoring of emissions and operations.

(a) Continuous monitoring systems shall be installed, calibrated, maintained, and operated by the owner or operator subject to the provisions of this subpart as follows:

(1) For fluid catalytic cracking unit catalyst regenerators subject to §60.102(a)(2), an instrument for continuously monitoring and recording the opacity of emissions into the atmosphere. The instrument shall be spanned at 60, 70, or 80 percent opacity.

(2) For fluid catalytic cracking unit catalyst regenerators subject to §60.103(a), an instrument for continuously monitoring and recording the concentration by volume (dry basis) of CO emissions into the atmosphere, except as provided in paragraph (a)(2) (ii) of this section.

(i) The span value for this instrument is 1,000 ppm CO.

(ii) A CO continuous monitoring system need not be installed if the owner or operator demonstrates that the average CO emissions are less than 50 ppm (dry basis) and also files a written request for exemption to the Administrator and receives such an exemption. The demonstration shall consist of continuously monitoring CO emissions for 30 days using an instrument that shall meet the requirements of Performance Specification 4 of appendix B of this part. The span value shall be 100 ppm CO instead of 1,000 ppm, and the relative accuracy limit shall be 10 percent of the average CO emissions or 5 ppm CO, whichever is greater. For instruments that are identical to Method 10 and employ the sample conditioning system of Method 10A, the alternative relative accuracy test procedure in §10.1 of Performance Specification 2 may be used in place of the relative accuracy test.

(3) For fuel gas combustion devices subject to §60.104(a)(1), either an instrument for continuously monitoring and recording the concentration by volume (dry basis, zero percent excess air) of SO₂ emissions into the atmosphere or monitoring as provided in paragraph (a)(4) of this section). The monitor shall include an oxygen monitor for correcting the data for excess.

(i) The span values for this monitor are 50 ppm SO₂ and 25 percent oxygen (O₂).

(ii) The SO₂ monitoring level equivalent to the H₂S standard under §60.104(a)(1) shall be 20 ppm (dry basis, zero percent excess air).

(iii) The performance evaluations for this SO₂ monitor under §60.13(c) shall use Performance Specification 2. Methods 6 or 6C and 3 or 3A shall be used for conducting the relative accuracy evaluations. Method 6 samples shall be taken at a flow rate of approximately 2 liters/min for at least 30 minutes. The relative accuracy limit shall be 20 percent or 4 ppm, whichever is greater, and the calibration drift limit shall be 5 percent of the established span value.

(iv) Fuel gas combustion devices having a common source of fuel gas may be monitored at only one location (i.e., after one of the combustion devices), if monitoring at this location accurately represents the SO₂ emissions into the atmosphere from each of the combustion devices.

(4) Instead of the SO₂ monitor in paragraph (a)(3) of this section for fuel gas combustion devices subject to §60.104(a)(1), an instrument for continuously monitoring and recording the concentration (dry basis) of H₂S in fuel gases before being burned in any fuel gas combustion device.

(i) The span value for this instrument is 425 mg/dscm H₂S.

(ii) Fuel gas combustion devices having a common source of fuel gas may be monitored at only one location, if monitoring at this location accurately represents the concentration of H₂S in the fuel gas being burned.

(iii) The performance evaluations for this H₂S monitor under §60.13(c) shall use Performance Specification 7. Method 11, 15, 15A, or 16 shall be used for conducting the relative accuracy evaluations.

(iv) The owner or operator of a fuel gas combustion device is not required to comply with paragraph (a)(3) or (4) of this section for fuel gas streams that are exempt under §60.104(a)(1) and fuel gas streams combusted in a fuel gas combustion device that are inherently low in sulfur content. Fuel gas streams meeting one of the requirements in paragraphs (a)(4)(iv)(A) through (D) of this section will be considered inherently low in sulfur content. If the composition of a fuel gas stream changes such that it is no longer exempt under §60.104(a)(1) or it no longer meets one of the requirements in paragraphs (a)(4)(iv)(A) through (D) of this section, the owner or operator must begin continuous monitoring under paragraph (a)(3) or (4) of this section within 15 days of the change.

(A) Pilot gas for heaters and flares.

(B) Fuel gas streams that meet a commercial-grade product specification for sulfur content of 30 ppmv or less. In the case of a liquefied petroleum gas (LPG) product specification in the pressurized liquid state, the gas phase sulfur content should be evaluated assuming complete vaporization of the LPG and sulfur containing-compounds at the product specification concentration.

(C) Fuel gas streams produced in process units that are intolerant to sulfur contamination, such as fuel gas streams produced in the hydrogen plant, the catalytic reforming unit, the isomerization unit, and HF alkylation process units.

(D) Other fuel gas streams that an owner or operator demonstrates are low-sulfur according to the procedures in paragraph (b) of this section.

(5) For Claus sulfur recovery plants with oxidation control systems or reduction control systems followed by incineration subject to §60.104(a)(2)(i), an instrument for continuously monitoring and recording the concentration (dry basis, zero percent excess air) of SO₂ emissions into the atmosphere. The monitor shall include an oxygen monitor for correcting the data for excess air.

(i) The span values for this monitor are 500 ppm SO₂ and 25 percent O₂.

(ii) The performance evaluations for this SO₂ monitor under §60.13(c) shall use Performance Specification 2. Methods 6 or 6C and 3 or 3A shall be used for conducting the relative accuracy evaluations.

(6) For Claus sulfur recovery plants with reduction control systems not followed by incineration subject to §60.104(a)(2)(ii), an instrument for continuously monitoring and recording the concentration of reduced sulfur and O₂ emissions into the atmosphere. The reduced sulfur emissions shall be calculated as SO₂ (dry basis, zero percent excess air).

(i) The span values for this monitor are 450 ppm reduced sulfur and 25 percent O₂.

(ii) The performance evaluations for this reduced sulfur (and O₂) monitor under §60.13(c) shall use Performance Specification 5 of appendix B of this part(and Performance Specification 3 of appendix B of this partfor the O₂ analyzer). Methods 15 or 15A and Method 3 shall be used for conducting the relative accuracy evaluations. If Method 3 yields O₂ concentrations below 0.25 percent during the performance specification test, the O₂ concentration may be assumed to be zero and the reduced sulfur CEMS need not include an O₂ monitor.

(7) In place of the reduced sulfur monitor under paragraph (a)(6) of this section, an instrument using an air or O₂ dilution and oxidation system to convert the reduced sulfur to SO₂ for continuously monitoring and recording the concentration (dry basis, zero percent excess air) of the resultant SO₂. The monitor shall include an oxygen monitor for correcting the data for excess oxygen.

(i) The span values for this monitor are 375 ppm SO₂ and 25 percent O₂.

(ii) For reporting purposes, the SO₂ exceedance level for this monitor is 250 ppm (dry basis, zero percent excess air).

(iii) The performance evaluations for this SO₂ (and O₂) monitor under §60.13(c) shall use Performance Specification 5. Methods 15 or 15A and Method 3 shall be used for conducting the relative accuracy evaluations.

(8) An instrument for continuously monitoring and recording concentrations of SO₂ in the gases at both the inlet and outlet of the SO₂ control device from any fluid catalytic cracking unit catalyst regenerator for which the owner or operator seeks to comply specifically with the 90 percent reduction option under §60.104(b)(1).

(i) The span value of the inlet monitor shall be set at 125 percent of the maximum estimated hourly potential SO₂ emission concentration entering the control device, and the span value of the outlet monitor shall be set at 50 percent of the maximum estimated hourly potential SO₂ emission concentration entering the control device.

(ii) The performance evaluations for these SO₂ monitors under §60.13(c) shall use Performance Specification 2. Methods 6 or 6C and 3 or 3A shall be used for conducting the relative accuracy evaluations.

(9) An instrument for continuously monitoring and recording concentrations of SO₂ in the gases discharged into the atmosphere from any fluid catalytic cracking unit catalyst regenerator for which the owner or operator seeks to comply specifically with the 50 ppmv emission limit under §60.104 (b)(1).

(i) The span value of the monitor shall be set at 50 percent of the maximum hourly potential SO₂ emission concentration of the control device.

(ii) The performance evaluations for this SO₂ monitor under §60.13 (c) shall use Performance Specification 2. Methods 6 or 6C and 3 or 3A shall be used for conducting the relative accuracy evaluations.

(10) An instrument for continuously monitoring and recording concentrations of oxygen (O₂) in the gases at both the inlet and outlet of the sulfur dioxide control device (or the outlet only if specifically complying with the 50 ppmv standard) from any fluid catalytic cracking unit catalyst regenerator for which the owner or operator has elected to comply with §60.104(b)(1). The span of this continuous monitoring system shall be set at 10 percent.

(11) The continuous monitoring systems under paragraphs (a)(8), (a)(9), and (a)(10) of this section are operated and data recorded during all periods of operation of the affected facility including periods of startup, shutdown, or malfunction, except for continuous monitoring system breakdowns, repairs, calibration checks, and zero and span adjustments.

(12) The owner or operator shall use the following procedures to evaluate the continuous monitoring systems under paragraphs (a)(8), (a)(9), and (a)(10) of this section.

(i) Method 3 or 3A and Method 6 or 6C for the relative accuracy evaluations under the §60.13(e) performance evaluation.

(ii) Appendix F, Procedure 1, including quarterly accuracy determinations and daily calibration drift tests.

(13) When seeking to comply with §60.104(b)(1), when emission data are not obtained because of continuous monitoring system breakdowns, repairs, calibration checks and zero and span adjustments, emission data will be obtained by using one of the following methods to provide emission data for a minimum of 18 hours per day in at least 22 out of 30 rolling successive calendar days.

(i) The test methods as described in §60.106(k);

(ii) A spare continuous monitoring system; or

(iii) Other monitoring systems as approved by the Administrator.

(b) An owner or operator may demonstrate that a fuel gas stream combusted in a fuel gas combustion device subject to §60.104(a)(1) that is not specifically exempted in §60.105(a)(4)(iv) is inherently low in sulfur. A fuel gas stream that is determined to be low-sulfur is exempt from the monitoring requirements in paragraphs (a)(3) and (4) of this section until there are changes in operating conditions or stream composition.

(1) The owner or operator shall submit to the Administrator a written application for an exemption from monitoring. The application must contain the following information:

(i) A description of the fuel gas stream/system to be considered, including submission of a portion of the appropriate piping diagrams indicating the boundaries of the fuel gas stream/system, and the affected fuel gas combustion device(s) to be considered;

(ii) A statement that there are no crossover or entry points for sour gas (high H₂S content) to be introduced into the fuel gas stream/system (this should be shown in the piping diagrams);

(iii) An explanation of the conditions that ensure low amounts of sulfur in the fuel gas stream (i.e., control equipment or product specifications) at all times;

(iv) The supporting test results from sampling the requested fuel gas stream/system demonstrating that the sulfur content is less than 5 ppmv. Sampling data must include, at minimum, 2 weeks of daily monitoring (14 grab samples) for frequently operated fuel gas streams/systems; for infrequently operated fuel gas streams/systems, seven grab samples must be collected unless other additional information would support reduced sampling. The owner or operator shall use detector tubes (“length-of-stain tube” type measurement) following the “Gas Processors Association Standard 2377-86 (incorporated by reference - see §60.17), using tubes with a maximum span between 10 and 40 ppmv inclusive when 1≤N≤10, where N = number of pump strokes, to test the applicant fuel gas stream for H₂S; and

(v) A description of how the 2 weeks (or seven samples for infrequently operated fuel gas streams/systems) of monitoring results compares to the typical range of H₂S concentration (fuel quality) expected for the fuel gas stream/system going to the affected fuel gas combustion device (e.g., the 2 weeks of daily detector tube results for a frequently operated loading rack included the entire range of products loaded out, and, therefore, should be representative of typical operating conditions affecting H₂S content in the fuel gas stream going to the loading rack flare).

(2) The effective date of the exemption is the date of submission of the information required in paragraph (b)(1) of this section).

(3) No further action is required unless refinery operating conditions change in such a way that affects the exempt fuel gas stream/system (e.g., the stream composition changes). If such a change occurs, the owner or operator will follow the procedures in paragraph (b)(3)(i), (b)(3)(ii), or (b)(3)(iii) of this section.

(i) If the operation change results in a sulfur content that is still within the range of concentrations included in the original application, the owner or operator shall conduct an H₂S test on a grab sample and record the results as proof that the concentration is still within the range.

(ii) If the operation change results in a sulfur content that is outside the range of concentrations included in the original application, the owner or operator may submit new information following the procedures of paragraph (b)(1) of this section within 60 days (or within 30 days after the seventh grab sample is tested for infrequently operated process units).

(iii) If the operation change results in a sulfur content that is outside the range of concentrations included in the original application and the owner or operator chooses not to submit new information to support an exemption, the owner or operator must begin H₂S monitoring using daily stain sampling to demonstrate compliance using length-of stain tubes with a maximum span between 200 and 400 ppmv inclusive when 1≤N≤5, where N = number of pump strokes. The owner or operator must begin monitoring according to the requirements in paragraph (a)(1) or (2) of this section as soon as practicable but in no case later than 180 days after the operation change. During daily stain tube sampling, a daily sample exceeding 162 ppmv is an exceedance of the 3-hour H₂S concentration limit.

(c) The average coke burn-off rate (Mg (tons) per hour) and hours of operation shall be recorded daily for any fluid catalytic cracking unit catalyst regenerator subject to §60.102, §60.103, or §60.104(b)(2).

(d) For any fluid catalytic cracking unit catalyst regenerator under §60.102 that uses an incinerator-waste heat boiler to combust the exhaust gases from the catalyst regenerator, the owner or operator shall record daily the rate of combustion of liquid or solid fossil-fuels and the hours of operation during which liquid or solid fossil-fuels are combusted in the incinerator-waste heat boiler.

(e) For the purpose of reports under §60.7(c), periods of excess emissions that shall be determined and reported are defined as follows:

Note:

All averages, except for opacity, shall be determined as the arithmetic average of the applicable 1-hour averages, e.g., the rolling 3-hour average shall be determined as the arithmetic average of three contiguous 1-hour averages.

(1) Opacity. All 1-hour periods that contain two or more 6-minute periods during which the average opacity as measured by the continuous monitoring system under §60.105(a)(1) exceeds 30 percent.

(2) Carbon monoxide. All 1-hour periods during which the average CO concentration as measured by the CO continuous monitoring system under §60.105(a)(2) exceeds 500 ppm.

(3) Sulfur dioxide from fuel gas combustion. (i) All rolling 3-hour periods during which the average concentration of SO₂ as measured by the SO₂ continuous monitoring system under §60.105(a)(3) exceeds 20 ppm (dry basis, zero percent excess air); or

(ii) All rolling 3-hour periods during which the average concentration of H₂S as measured by the H₂S continuous monitoring system under §60.105(a)(4) exceeds 230 mg/dscm (0.10 gr/dscf).

(4) Sulfur dioxide from Claus sulfur recovery plants. (i) All 12-hour periods during which the average concentration of SO₂ as measured by the SO₂ continuous monitoring system under §60.105(a)(5) exceeds 250 ppm (dry basis, zero percent excess air); or

(ii) All 12-hour periods during which the average concentration of reduced sulfur (as SO₂) as measured by the reduced sulfur continuous monitoring system under §60.105(a)(6) exceeds 300 ppm; or

(iii) All 12-hour periods during which the average concentration of SO₂ as measured by the SO₂ continuous monitoring system under §60.105(a)(7) exceeds 250 ppm (dry basis, zero percent excess air).

[39 FR 9315, Mar. 8, 1974, as amended at 40 FR 46259, Oct. 6, 1975; 42 FR 32427, June 24, 1977; 42 FR 39389, Aug. 4, 1977; 43 FR 10869, Mar. 15, 1978; 48 FR 23611, May 25, 1983; 50 FR 31701, Aug. 5, 1985; 54 FR 34028, Aug. 17, 1989; 55 FR 40175, Oct. 2, 1990; 65 FR 61754, Oct. 17, 2000; 73 FR 35866, June 24, 2008; 80 FR 75229, Dec. 1, 2015]

§60.106 Test methods and procedures.

(a) In conducting the performance tests required in §60.8, the owner or operator shall use as reference methods and procedures the test methods in appendix A of this part or other methods and procedures as specified in this section, except as provided in §60.8(b).

(b) The owner or operator shall determine compliance with the particulate matter (PM) standards in §60.102(a) as follows:

(1) The emission rate (E) of PM shall be computed for each run using the following equation:

Where:

E = Emission rate of PM, kg/Mg (lb/ton) of coke burn-off.

c_s = Concentration of PM, g/dscm (gr/dscf).

Q_sd = Volumetric flow rate of effluent gas, dscm/hr (dscf/hr).

R_c = Coke burn-off rate, Mg/hr (ton/hr) coke.

K = Conversion factor, 1,000 g/kg (7,000 gr/lb).

(2) Method 5B or 5F is to be used to determine particulate matter emissions and associated moisture content from affected facilities without wet FGD systems; only Method 5B is to be used after wet FGD systems. The sampling time for each run shall be at least 60 minutes and the sampling rate shall be at least 0.015 dscm/min (0.53 dscf/min), except that shorter sampling times may be approved by the Administrator when process variables or other factors preclude sampling for at least 60 minutes.

(3) The coke burn-off rate (R_c) shall be computed for each run using the following equation:

R_c = K₁Q_r (%CO₂ %CO) K₂Q_a−K₃Q_r (%CO/2 %CO₂ %O₂) K₃Q_oxy (%O_oxy)

Where:

R_c = Coke burn-off rate, kilograms per hour (kg/hr) (lb/hr).

Q_r = Volumetric flow rate of exhaust gas from fluid catalytic cracking unit regenerator before entering the emission control system, dscm/min (dscf/min).

Q_a = Volumetric flow rate of air to fluid catalytic cracking unit regenerator, as determined from the fluid catalytic cracking unit control room instrumentation, dscm/min (dscf/min).

Q_oxy = Volumetric flow rate of O₂ enriched air to fluid catalytic cracking unit regenerator, as determined from the fluid catalytic cracking unit control room instrumentation, dscm/min (dscf/min).

%CO₂ = Carbon dioxide concentration in fluid catalytic cracking unit regenerator exhaust, percent by volume (dry basis).

%CO = CO concentration in FCCU regenerator exhaust, percent by volume (dry basis).

%O₂ = O₂ concentration in fluid catalytic cracking unit regenerator exhaust, percent by volume (dry basis).

%O_oxy = O₂ concentration in O₂ enriched air stream inlet to the fluid catalytic cracking unit regenerator, percent by volume (dry basis).

K₁ = Material balance and conversion factor, 0.2982 (kg-min)/(hr-dscm-%) [0.0186 (lb-min)/(hr-dscf-%)].

K₂ = Material balance and conversion factor, 2.088 (kg-min)/(hr-dscm) [0.1303 (lb-min)/(hr-dscf)].

K₃ = Material balance and conversion factor, 0.0994 (kg-min)/(hr-dscm-%) [0.00624 (lb-min)/(hr-dscf-%)].

(i) Method 2 shall be used to determine the volumetric flow rate (Q_r).

(ii) The emission correction factor, integrated sampling and analysis procedure of Method 3B shall be used to determine CO₂, CO, and O₂ concentrations.

(4) Method 9 and the procedures of §60.11 shall be used to determine opacity.

(c) If auxiliary liquid or solid fossil-fuels are burned in an incinerator-waste heat boiler, the owner or operator shall determine the emission rate of PM permitted in §60.102(b) as follows:

(1) The allowable emission rate (E_s) of PM shall be computed for each run using the following equation:

E_s = F A (H/R_c)

Where:

E_s = Emission rate of PM allowed, kg/Mg (lb/ton) of coke burn-off in catalyst regenerator.

F = Emission standard, 1.0 kg/Mg (2.0 lb/ton) of coke burn-off in catalyst regenerator.

A = Allowable incremental rate of PM emissions, 43 g/GJ (0.10 lb/million Btu).

H = Heat input rate from solid or liquid fossil fuel, GJ/hr (million Btu/hr).

R_c = Coke burn-off rate, Mg coke/hr (ton coke/hr).

(2) Procedures subject to the approval of the Administrator shall be used to determine the heat input rate.

(3) The procedure in paragraph (b)(3) of this section shall be used to determine the coke burn-off rate (R_c).

(d) The owner or operator shall determine compliance with the CO standard in §60.103(a) by using the integrated sampling technique of Method 10 to determine the CO concentration (dry basis). The sampling time for each run shall be 60 minutes.

(e)(1) The owner or operator shall determine compliance with the H₂S standard in §60.104(a)(1) as follows: Method 11, 15, 15A, or 16 shall be used to determine the H₂S concentration. The gases entering the sampling train should be at about atmospheric pressure. If the pressure in the refinery fuel gas lines is relatively high, a flow control valve may be used to reduce the pressure. If the line pressure is high enough to operate the sampling train without a vacuum pump, the pump may be eliminated from the sampling train. The sample shall be drawn from a point near the centroid of the fuel gas line.

(i) For Method 11, the sampling time and sample volume shall be at least 10 minutes and 0.010 dscm (0.35 dscf). Two samples of equal sampling times shall be taken at about 1-hour intervals. The arithmetic average of these two samples shall constitute a run. For most fuel gases, sampling times exceeding 20 minutes may result in depletion of the collection solution, although fuel gases containing low concentrations of H₂S may necessitate sampling for longer periods of time.

(ii) For Method 15 or 16, at least three injects over a 1-hour period shall constitute a run.

(iii) For Method 15A, a 1-hour sample shall constitute a run.

(2) Where emissions are monitored by §60.105(a)(3), compliance with §60.104(a)(1) shall be determined using Method 6 or 6C and Method 3 or 3A. The method ANSI/ASME PTC 19.10-1981, “Flue and Exhaust Gas Analyses,” (incorporated by reference - see §60.17) is an acceptable alternative to EPA Method 6. A 1-hour sample shall constitute a run. Method 6 samples shall be taken at a rate of approximately 2 liters/min. The ppm correction factor (Method 6) and the sampling location in paragraph (f)(1) of this section apply. Method 4 shall be used to determine the moisture content of the gases. The sampling point for Method 4 shall be adjacent to the sampling point for Method 6 or 6C.

(f) The owner or operator shall determine compliance with the SO₂ and the H₂S and reduced sulfur standards in §60.104(a)(2) as follows:

(1) Method 6 shall be used to determine the SO₂ concentration. The concentration in mg/dscm obtained by Method 6 or 6C is multiplied by 0.3754 to obtain the concentration in ppm. The sampling point in the duct shall be the centroid of the cross section if the cross-sectional area is less than 5.00 m ² (53.8 ft ²) or at a point no closer to the walls than 1.00 m (39.4 in.) if the cross-sectional area is 5.00 m ² or more and the centroid is more than 1 m from the wall. The sampling time and sample volume shall be at least 10 minutes and 0.010 dscm (0.35 dscf) for each sample. Eight samples of equal sampling times shall be taken at about 30-minute intervals. The arithmetic average of these eight samples shall constitute a run. For Method 6C, a run shall consist of the arithmetic average of four 1-hour samples. Method 4 shall be used to determine the moisture content of the gases. The sampling point for Method 4 shall be adjacent to the sampling point for Method 6 or 6C. The sampling time for each sample shall be equal to the time it takes for two Method 6 samples. The moisture content from this sample shall be used to correct the corresponding Method 6 samples for moisture. For documenting the oxidation efficiency of the control device for reduced sulfur compounds, Method 15 shall be used following the procedures of paragraph (f)(2) of this section.

(2) Method 15 shall be used to determine the reduced sulfur and H₂ S concentrations. Each run shall consist of 16 samples taken over a minimum of 3 hours. The sampling point shall be the same as that described for Method 6 in paragraph (f)(1) of this section. To ensure minimum residence time for the sample inside the sample lines, the sampling rate shall be at least 3.0 lpm (0.10 cfm). The SO₂ equivalent for each run shall be calculated after being corrected for moisture and oxygen as the arithmetic average of the SO₂ equivalent for each sample during the run. Method 4 shall be used to determine the moisture content of the gases as the paragraph (f)(1) of this section. The sampling time for each sample shall be equal to the time it takes for four Method 15 samples.

(3) The oxygen concentration used to correct the emission rate for excess air shall be obtained by the integrated sampling and analysis procedure of Method 3 or 3A. The samples shall be taken simultaneously with the SO₂, reduced sulfur and H₂S, or moisture samples. The SO₂, reduced sulfur, and H₂S samples shall be corrected to zero percent excess air using the equation in paragraph (h)(6) of this section.

(g) Each performance test conducted for the purpose of determining compliance under §60.104(b) shall consist of all testing performed over a 7-day period using Method 6 or 6C and Method 3 or 3A. To determine compliance, the arithmetic mean of the results of all the tests shall be compared with the applicable standard.

(h) For the purpose of determining compliance with §60.104(b)(1), the following calculation procedures shall be used:

(1) Calculate each 1-hour average concentration (dry, zero percent oxygen, ppmv) of sulfur dioxide at both the inlet and the outlet to the add-on control device as specified in §60.13(h). These calculations are made using the emission data collected under §60.105(a).

(2) Calculate a 7-day average (arithmetic mean) concentration of sulfur dioxide for the inlet and for the outlet to the add-on control device using all of the 1-hour average concentration values obtained during seven successive 24-hour periods.

(3) Calculate the 7-day average percent reduction using the following equation:

Rso₂ = 100(Cso₂(i) − Cso₂(o)) / Cso₂(i)

where:

Rso₂ = 7-day average sulfur dioxide emission reduction, percent

Cso₂(i) = sulfur dioxide emission concentration determined in §60.106(h)(2) at the inlet to the add-on control device, ppmv

Cso₂(o) = sulfur dioxide emission concentration determined in §60.106(h)(2) at the outlet to the add-on control device, ppmv

100 = conversion factor, decimal to percent

(4) Outlet concentrations of sulfur dioxide from the add-on control device for compliance with the 50 ppmv standard, reported on a dry, O₂-free basis, shall be calculated using the procedures outlined in §60.106(h)(1) and (2) above, but for the outlet monitor only.

(5) If supplemental sampling data are used for determining the 7-day averages under paragraph (h) of this section and such data are not hourly averages, then the value obtained for each supplemental sample shall be assumed to represent the hourly average for each hour over which the sample was obtained.

(6) For the purpose of adjusting pollutant concentrations to zero percent oxygen, the following equation shall be used:

C_adj = C_meas[20.9_c/(20.9−%O₂)]

where:

C_adj = pollutant concentration adjusted to zero percent oxygen, ppm or g/dscm

C_meas = pollutant concentration measured on a dry basis, ppm or g/dscm

20.9_c = 20.9 percent oxygen−0.0 percent oxygen (defined oxygen correction basis), percent

20.9 = oxygen concentration in air, percent

%O₂ = oxygen concentration measured on a dry basis, percent

(i) For the purpose of determining compliance with §60.104(b)(2), the following reference methods and calculation procedures shall be used except as provided in paragraph (i)(12) of this section:

(1) One 3-hour test shall be performed each day.

(2) For gases released to the atmosphere from the fluid catalytic cracking unit catalyst regenerator:

(i) Method 8 as modified in §60.106(i)(3) for moisture content and for the concentration of sulfur oxides calculated as sulfur dioxide,

(ii) Method 1 for sample and velocity traverses,

(iii) Method 2 calculation procedures (data obtained from Methods 3 and 8) for velocity and volumetric flow rate, and

(iv) Method 3 for gas analysis.

(3) Method 8 shall be modified by the insertion of a heated glass fiber filter between the probe and first impinger. The probe liner and glass fiber filter temperature shall be maintained above 160°C (320°F). The isopropanol impinger shall be eliminated. Sample recovery procedures described in Method 8 for container No. 1 shall be eliminated. The heated glass fiber filter also shall be excluded; however, rinsing of all connecting glassware after the heated glass fiber filter shall be retained and included in container No. 2. Sampled volume shall be at least 1 dscm.

(4) For Method 3, the integrated sampling technique shall be used.

(5) Sampling time for each run shall be at least 3 hours.

(6) All testing shall be performed at the same location. Where the gases discharged by the fluid catalytic cracking unit catalyst regenerator pass through an incinerator-waste heat boiler in which auxiliary or supplemental gaseous, liquid, or solid fossil fuel is burned, testing shall be conducted at a point between the regenerator outlet and the incinerator-waste heat boiler. An alternative sampling location after the waste heat boiler may be used if alternative coke burn-off rate equations, and, if requested, auxiliary/supplemental fuel SO_X credits, have been submitted to and approved by the Administrator prior to sampling.

(7) Coke burn-off rate shall be determined using the procedures specified under paragraph (b)(3) of this section, unless paragraph (i)(6) of this section applies.

(8) Calculate the concentration of sulfur oxides as sulfur dioxide using equation 8-3 in Section 6.5 of Method 8 to calculate and report the total concentration of sulfur oxides as sulfur dioxide (Cso _x).

(9) Sulfur oxides emission rate calculated as sulfur dioxide shall be determined for each test run by the following equation:

Where:

E_SOx = sulfur oxides emission rate calculated as sulfur dioxide, kg/hr (lb/hr)

C_SOx = sulfur oxides emission concentration calculated as sulfur dioxide, g/dscm (gr/dscf)

Q_sd = dry volumetric stack gas flow rate corrected to standard conditions, dscm/hr (dscf/hr)

K = 1,000 g/kg (7,000 gr/lb)

(10) Sulfur oxides emissions calculated as sulfur dioxide shall be determined for each test run by the following equation:

Where:

R_SOx = Sulfur oxides emissions calculated as kg sulfur dioxide per Mg (lb/ton) coke burn-off.

E_SOx = Sulfur oxides emission rate calculated as sulfur dioxide, kg/hr (lb/hr).

R_c = Coke burn-off rate, Mg/hr (ton/hr).

(11) Calculate the 7-day average sulfur oxides emission rate as sulfur dioxide per Mg (ton) of coke burn-off by dividing the sum of the individual daily rates by the number of daily rates summed.

(12) An owner or operator may, upon approval by the Administrator, use an alternative method for determining compliance with §60.104(b)(2), as provided in §60.8(b). Any requests for approval must include data to demonstrate to the Administrator that the alternative method would produce results adequate for the determination of compliance.

(j) For the purpose of determining compliance with §60.104(b)(3), the following analytical methods and calculation procedures shall be used:

(1) One fresh feed sample shall be collected once per 8-hour period.

(2) Fresh feed samples shall be analyzed separately by using any one of the following applicable analytical test methods: ASTM D129-64, 78, or 95, ASTM D1552-83 or 95, ASTM D2622-87, 94, or 98, or ASTM D1266-87, 91, or 98. (These methods are incorporated by reference: see §60.17.) The applicable range of some of these ASTM methods is not adequate to measure the levels of sulfur in some fresh feed samples. Dilution of samples prior to analysis with verification of the dilution ratio is acceptable upon prior approval of the Administrator.

(3) If a fresh feed sample cannot be collected at a single location, then the fresh feed sulfur content shall be determined as follows:

(i) Individual samples shall be collected once per 8-hour period for each separate fresh feed stream charged directly into the riser or reactor of the fluid catalytic cracking unit. For each sample location the fresh feed volumetric flow rate at the time of collecting the fresh feed sample shall be measured and recorded. The same method for measuring volumetric flow rate shall be used at all locations.

(ii) Each fresh feed sample shall be analyzed separately using the methods specified under paragraph (j)(2) of this section.

(iii) Fresh feed sulfur content shall be calculated for each 8-hour period using the following equation:

where:

S_f = fresh feed sulfur content expressed in percent by weight of fresh feed.

n = number of separate fresh feed streams charged directly to the riser or reactor of the fluid catalytic cracking unit.

Q_f = total volumetric flow rate of fresh feed charged to the fluid catalytic cracking unit.

S_i = fresh feed sulfur content expressed in percent by weight of fresh feed for the “ith” sampling location.

Q_i = volumetric flow rate of fresh feed stream for the “ith” sampling location.

(4) Calculate a 7-day average (arithmetic mean) sulfur content of the fresh feed using all of the fresh feed sulfur content values obtained during seven successive 24-hour periods.

(k) The test methods used to supplement continuous monitoring system data to meet the minimum data requirements in §60.104(d) will be used as described below or as otherwise approved by the Administrator.

(1) Methods 6, 6B, or 8 are used. The sampling location(s) are the same as those specified for the monitor.

(2) For Method 6, the minimum sampling time is 20 minutes and the minimum sampling volume is 0.02 dscm (0.71 dscf) for each sample. Samples are taken at approximately 60-minute intervals. Each sample represents a 1-hour average. A minimum of 18 valid samples is required to obtain one valid day of data.

(3) For Method 6B, collection of a sample representing a minimum of 18 hours is required to obtain one valid day of data.

(4) For Method 8, the procedures as outlined in this section are used. The equivalent of 16 hours of sampling is required to obtain one valid day of data.

[39 FR 9315, Mar. 8, 1974, as amended at 43 FR 10869, Mar. 15, 1978; 51 FR 42842, Nov. 26, 1986; 52 FR 20392, June 1, 1987; 53 FR 41333, Oct. 21, 1988; 54 FR 34028, Aug. 17, 1989; 55 FR 40176, Oct. 2, 1990; 56 FR 4176, Feb. 4, 1991; 65 FR 61754, Oct. 17, 2000; 71 FR 55127, Sept. 21, 2006; 73 FR 35867, June 24, 2008; 77 FR 56463, Sep. 12, 2012]

§60.107 Reporting and recordkeeping requirements.

(a) Each owner or operator subject to §60.104(b) shall notify the Administrator of the specific provisions of §60.104(b) with which the owner or operator seeks to comply. Notification shall be submitted with the notification of initial startup required by §60.7(a)(3). If an owner or operator elects at a later date to comply with an alternative provision of §60.104(b), then the Administrator shall be notified by the owner or operator in the report described in paragraph (c) of this section.

(b) Each owner or operator subject to §60.104(b) shall record and maintain the following information:

(1) If subject to §60.104(b)(1),

(i) All data and calibrations from continuous monitoring systems located at the inlet and outlet to the control device, including the results of the daily drift tests and quarterly accuracy assessments required under appendix F, Procedure 1;

(ii) Measurements obtained by supplemental sampling (refer to §60.105(a)(13) and §60.106(k)) for meeting minimum data requirements; and

(iii) The written procedures for the quality control program required by appendix F, Procedure 1.

(2) If subject to §60.104(b)(2), measurements obtained in the daily Method 8 testing, or those obtained by alternative measurement methods, if §60.106(i)(12) applies.

(3) If subject to §60.104(b)(3), data obtained from the daily feed sulfur tests.

(4) Each 7-day rolling average compliance determination.

(c) Each owner or operator subject to §60.104(b) shall submit a report except as provided by paragraph (d) of this section. The following information shall be contained in the report:

(1) Any 7-day period during which:

(i) The average percent reduction and average concentration of sulfur dioxide on a dry, O₂-free basis in the gases discharged to the atmosphere from any fluid cracking unit catalyst regenerator for which the owner or operator seeks to comply with §60.104(b)(1) is below 90 percent and above 50 ppmv, as measured by the continuous monitoring system prescribed under §60.105(a)(8), or above 50 ppmv, as measured by the outlet continuous monitoring system prescribed under §60.105(a)(9). The average percent reduction and average sulfur dioxide concentration shall be determined using the procedures specified under §60.106(h);

(ii) The average emission rate of sulfur dioxide in the gases discharged to the atmosphere from any fluid catalytic cracking unit catalyst regenerator for which the owner or operator seeks to comply with §60.104(b)(2) exceeds 9.8 kg SO_X per 1,000 kg coke burn-off, as measured by the daily testing prescribed under §60.106(i). The average emission rate shall be determined using the procedures specified under §60.106(i); and

(iii) The average sulfur content of the fresh feed for which the owner or operator seeks to comply with §60.104(b)(3) exceeds 0.30 percent by weight. The fresh feed sulfur content, a 7-day rolling average, shall be determined using the procedures specified under §60.106(j).

(2) Any 30-day period in which the minimum data requirements specified in §60.104(d) are not obtained.

(3) For each 7-day period during which an exceedance has occurred as defined in paragraphs (c)(1)(i) through (c)(1)(iii) and (c)(2) of this section:

(i) The date that the exceedance occurred;

(ii) An explanation of the exceedance;

(iii) Whether the exceedance was concurrent with a startup, shutdown, or malfunction of the fluid catalytic cracking unit or control system; and

(iv) A description of the corrective action taken, if any.

(4) If subject to §60.104(b)(1),

(i) The dates for which and brief explanations as to why fewer than 18 valid hours of data were obtained for the inlet continuous monitoring system;

(ii) The dates for which and brief explanations as to why fewer than 18 valid hours of data were obtained for the outlet continuous monitoring system;

(iii) Identification of times when hourly averages have been obtained based on manual sampling methods;

(iv) Identification of the times when the pollutant concentration exceeded full span of the continuous monitoring system; and

(v) Description of any modifications to the continuous monitoring system that could affect the ability of the continuous monitoring system to comply with Performance Specifications 2 or 3.

(vi) Results of daily drift tests and quarterly accuracy assessments as required under appendix F, Procedure 1.

(5) If subject to §60.104(b)(2), for each day in which a Method 8 sample result required by §60.106(i) was not obtained, the date for which and brief explanation as to why a Method 8 sample result was not obtained, for approval by the Administrator.

(6) If subject to §60.104(b)(3), for each 8-hour period in which a feed sulfur measurement required by §60.106(j) was not obtained, the date for which and brief explanation as to why a feed sulfur measurement was not obtained, for approval by the Administrator.

(d) For any periods for which sulfur dioxide or oxides emissions data are not available, the owner or operator of the affected facility shall submit a signed statement indicating if any changes were made in operation of the emission control system during the period of data unavailability which could affect the ability of the system to meet the applicable emission limit. Operations of the control system and affected facility during periods of data unavailability are to be compared with operation of the control system and affected facility before and following the period of data unavailability.

(e) For each fuel gas stream combusted in a fuel gas combustion device subject to §60.104(a)(1), if an owner or operator determines that one of the exemptions listed in §60.105(a)(4)(iv) applies to that fuel gas stream, the owner or operator shall maintain records of the specific exemption chosen for each fuel gas stream. If the owner or operator applies for the exemption described in §60.105(a)(4)(iv)(D), the owner or operator must keep a copy of the application as well as the letter from the Administrator granting approval of the application.

(f) The owner or operator of an affected facility shall submit the reports required under this subpart to the Administrator semiannually for each six-month period. All semiannual reports shall be postmarked by the 30th day following the end of each six-month period.

(g) The owner or operator of the affected facility shall submit a signed statement certifying the accuracy and completeness of the information contained in the report.

[54 FR 34029, Aug. 17, 1989, as amended at 55 FR 40178, Oct. 2, 1990; 64 FR 7465, Feb. 12, 1999; 65 FR 61755, Oct. 17, 2000; 73 FR 35867, June 24, 2008]

§60.108 Performance test and compliance provisions.

(a) Section 60.8(d) shall apply to the initial performance test specified under paragraph (c) of this section, but not to the daily performance tests required thereafter as specified in §60.108(d). Section 60.8(f) does not apply when determining compliance with the standards specified under §60.104(b). Performance tests conducted for the purpose of determining compliance under §60.104(b) shall be conducted according to the applicable procedures specified under §60.106.

(b) Owners or operators who seek to comply with §60.104(b)(3) shall meet that standard at all times, including periods of startup, shutdown, and malfunctions.

(c) The initial performance test shall consist of the initial 7-day average calculated for compliance with §60.104(b)(1), (b)(2), or (b)(3).

(d) After conducting the initial performance test prescribed under §60.8, the owner or operator of a fluid catalytic cracking unit catalyst regenerator subject to §60.104(b) shall conduct a performance test for each successive 24-hour period thereafter. The daily performance tests shall be conducted according to the appropriate procedures specified under §60.106. In the event that a sample collected under §60.106(i) or (j) is accidentally lost or conditions occur in which one of the samples must be discontinued because of forced shutdown, failure of an irreplaceable portion of the sample train, extreme meteorological conditions, or other circumstances, beyond the owner or operators' control, compliance may be determined using available data for the 7-day period.

(e) Each owner or operator subject to §60.104(b) who has demonstrated compliance with one of the provisions of §60.104(b) but a later date seeks to comply with another of the provisions of §60.104(b) shall begin conducting daily performance tests as specified under paragraph (d) of this section immediately upon electing to become subject to one of the other provisions of §60.104(b). The owner or operator shall furnish the Administrator with a written notification of the change in the semiannual report required by §60.107(f).

[54 FR 34030, Aug. 17, 1989, as amended at 55 FR 40178, Oct. 2, 1990; 64 FR 7466, Feb. 12, 1999; 73 FR 35867, June 24, 2008]

§60.109 Delegation of authority.

(a) In delegating implementation and enforcement authority to a State under section 111(c) of the Act, the authorities contained in paragraph (b) of this section shall be retained by the Administrator and not transferred to a State.

(b) Authorities which shall not be delegated to States:

(1) Section 60.105(a)(13)(iii),

(2) Section 60.106(i)(12).

[54 FR 34031, Aug. 17, 1989, as amended at 55 FR 40178, Oct. 2, 1990]