80 FR 21176 - Approval and Promulgation of Air Quality Implementation Plans; Arizona; Regional Haze Federal Implementation Plan; Reconsideration

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 74 (April 17, 2015)

Page Range		21176-21181
FR Document		2015-08883

The Environmental Protection Agency (EPA) is taking final action to revise certain provisions in the Arizona Regional Haze (RH) Federal Implementation Plan (FIP) that apply to the Nelson Lime Plant. In response to a request for reconsideration from the plant's owner, Lhoist North America of Arizona, Inc. (LNA), we are replacing the control technology demonstration requirements for emissions of nitrogen oxides (NO<INF>X</INF>) applicable to Kilns 1 and 2 at the Nelson Lime Plant with revised recordkeeping and reporting requirements. We are not revising any of the emission limits that apply to these units, including the existing NO<INF>X</INF> emission limits, which can be met with selective non-catalytic reduction (SNCR) control technology. We also are taking final action to correct a misprint of the regulatory requirements in a table in the Arizona RH FIP that identifies the emission limits for NO<INF>X</INF> and sulfur dioxide (SO<INF>2</INF>) at each kiln.

Federal Register, Volume 80 Issue 74 (Friday, April 17, 2015)

[Federal Register Volume 80, Number 74 (Friday, April 17, 2015)]
[Rules and Regulations]
[Pages 21176-21181]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2015-08883]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2014-0861; FRL-9925-81-Region 9]

Approval and Promulgation of Air Quality Implementation Plans;
Arizona; Regional Haze Federal Implementation Plan; Reconsideration

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to revise certain provisions in the Arizona Regional Haze (RH)
Federal Implementation Plan (FIP) that apply to the Nelson Lime Plant.
In response to a request for reconsideration from the plant's owner,
Lhoist North America of Arizona, Inc. (LNA), we are replacing the
control technology demonstration requirements for emissions of nitrogen
oxides (NOX) applicable to Kilns 1 and 2 at the Nelson Lime
Plant with revised recordkeeping and reporting requirements. We are not
revising any of the emission limits that apply to these units,
including the existing NOX emission limits, which can be met
with selective non-catalytic reduction (SNCR) control technology. We
also are taking final action to correct a misprint of the regulatory
requirements in a table in the Arizona RH FIP that identifies the
emission limits for NOX and sulfur dioxide (SO2)
at each kiln.

DATES: Effective date: This rule is effective May 18, 2015.

ADDRESSES: EPA has established docket number EPA-R09-OAR-2014-0861 for
this action. Generally, documents in the docket are available
electronically at http://www.regulations.gov or in hard copy at EPA
Region 9, 75 Hawthorne Street, San Francisco, California. Please note
that while many of the documents in the docket are listed at http://www.regulations.gov, some information may not be specifically listed in
the index to the docket and may be publicly available only at the hard
copy location (e.g., copyrighted material, large maps, multi-volume
reports, or otherwise voluminous materials), and some may not be
available at either locations (e.g., confidential business
information). To inspect the hard copy materials, please schedule an
appointment during normal business hours with the contact listed
directly below.

FOR FURTHER INFORMATION CONTACT: Thomas Webb, U.S. EPA, Region 9,
Planning Office, Air Division, Air-2, 75 Hawthorne Street, San
Francisco, CA 94105. Thomas Webb can be reached at telephone number
(415) 947-4139 and via electronic mail at webb.thomas@epa.gov.

SUPPLEMENTARY INFORMATION:

[[Page 21177]]

Definitions

For the purpose of this document, ``we,'' ``us,'' and ``our'' refer
to EPA. We also are giving meaning to certain words or initials as
follows:
The words or initials Act or CAA mean or refer to the
Clean Air Act, unless the context indicates otherwise.
The initials ADEM mean or refer to the Alabama Department
of Environmental Management.
The initials ADEQ mean or refer to the Arizona Department
of Environmental Quality.
The words Arizona and State mean the State of Arizona.
The initials BACT mean or refer to Best Available Control
Technology.
The initials BART mean or refer to Best Available Retrofit
Technology.
The initials CAA mean or refer to the Clean Air Act.
The term Class I area refers to a mandatory Class I
Federal area.\1\
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\1\ Although states and tribes may designate as Class I
additional areas that they consider to have visibility as an
important value, the requirements of the visibility program set
forth in section 169A of the CAA apply only to ``mandatory Class I
Federal areas.''
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The initials CBI mean or refer to Confidential Business
Information.
The initials CEMS mean or refer to continuous emission
monitoring system or systems.
The words EPA, we, us or our mean or refer to the United
States Environmental Protection Agency.
The initials FIP mean or refer to Federal Implementation
Plan.
The initials LNA mean or refer to Lhoist North America of
Arizona, Inc.
The initials MMBtu mean or refer to million British
thermal units.
The initials NOX mean or refer to nitrogen oxides.
The initials RH mean or refer to regional haze.
The initials RHR mean or refer to EPA's Regional Haze
Rule.
The initials SIP mean or refer to State Implementation
Plan.
The initials SNCR mean or refer to selective non-catalytic
reduction.
The initials SO2 mean or refer to sulfur dioxide.

Table of Contents

I. Summary of Proposed Action
II. Background on Petition for Reconsideration and Stay
III. Public Comments
IV. Final Action
V. Statutory and Executive Order Reviews

I. Summary of Proposed Action

EPA proposed on January 13, 2015, to revise certain Best Available
Retrofit Technology (BART) requirements in the FIP related to reducing
NOX emissions from Kilns 1 and 2 at the Nelson Lime
Plant.\2\ As described in the proposal, the revision consists of
several components, including the removal of the control technology
demonstration requirements, the addition of revised recordkeeping and
reporting requirements, and the correction of an error in a table.\3\
We proposed to find that these changes are reasonable and appropriate
based on information from LNA regarding the effectiveness of using SNCR
to control NOX emissions at another lime plant. The proposed
rule addressing the Nelson Lime Plant did not change the emission
limits, compliance deadlines, or the compliance determination methods
established in the final rule for the Arizona RH FIP.
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\2\ 80 FR 1608. The notice of proposed rulemaking contains
background information concerning the visibility requirements of the
CAA, the RHR, and the Arizona RH FIP.
\3\ Id.
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II. Background on Petition for Reconsideration and Stay

LNA submitted a petition to EPA on October 31, 2014, seeking
administrative reconsideration and a partial stay of the final rule
under CAA section 307(d)(7)(B).\4\ Specifically, LNA requested that EPA
eliminate the control technology demonstration requirements (also known
as ``optimization requirements'') for the Nelson Lime Plant. In support
of its petition, LNA provided additional data regarding the performance
of SNCR control technology at lime kilns located at another LNA
facility, the O'Neal Lime Plant in Calera, Alabama. In the petition,
LNA also requested a stay of the provisions in the FIP applicable to
the Nelson Lime Plant if EPA did not propose action on its petition
prior to December 31, 2014.\5\ EPA sent a letter to LNA on November 20,
2014, granting reconsideration of the optimization requirements
pursuant to CAA section 307(d)(7)(B).\6\
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\4\ Letter from Eric Hiser, Jorden Bischoff & Hiser, to Regina
McCarthy, EPA (October 31, 2014).
\5\ Because the proposal was signed prior to December 31, 2014,
we consider LNA's request for a stay to be moot.
\6\ Letter from Jared Blumenfeld, EPA, to Eric Hiser, Jorden
Bischoff & Hiser (November 20, 2014).
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III. Public Comments

In the proposed rule, EPA provided 45 days for the public to submit
comments on the proposed revision to the Arizona RH FIP. During the
public comment period, we received one set of comments from the
Mississippi Lime Company (``Mississippi Lime'').\7\ The comments from
Mississippi Lime focused on the requirement for LNA to install SNCR
controls at the Nelson Lime Plant. The comments and our responses are
summarized below.
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\7\ Letter from Kimberly S. L. Bauman, Mississippi Lime Company,
to Thomas Webb, EPA (February 27, 2015).
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Comment: Mississippi Lime stated that SNCR technology has not been
identified as Best Available Control Technology (BACT) for lime kilns
in EPA's control technology clearinghouse or as an applied emission
control in publicly available documents for LNA's O'Neal facility. The
commenter further noted that there is no discussion of SNCR at the
O'Neal facility in publicly available documents such as operating
permits, quarterly excess emission reports, or emission inventory
reports issued by or submitted to the Alabama Department of
Environmental Management.
Response: EPA does not dispute Mississippi Lime's assertion that
publicly available information on SNCR technology for lime kilns may be
limited. However, any such lack of information is irrelevant to this
action. In particular, in a final rule published on September 3, 2014,
EPA determined that SNCR is technically feasible and constitutes BART
for Kilns 1 and 2 at Nelson Lime Plant.\8\ We have not proposed to
reconsider or otherwise revise those determinations.
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\8\ See 79 FR 9318, 9337-9339 for proposed BART analysis and
determination (February 18, 2014); 79 FR 52420, 52424 for final BART
determination (September 3, 2014).
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Comment: Mississippi Lime contended that LNA, according to public
documents provided to Illinois EPA, has stated that its O'Neal facility
in Calera, Alabama, is controlling lime kiln emissions to meet emission
limits under a permit that relies on a proprietary SNCR technology that
was patented by its predecessor, Chemical Lime Company.
Response: EPA does not dispute that the SNCR technology in use at
the O'Neal facility may be proprietary. EPA relied on an analysis of
the effectiveness of the SNCR technology to control emissions at the
O'Neal facility to confirm that the emission limit we established for
the Nelson Lime Plant is reasonable and appropriate. Based on the
results of our analysis described in our proposal, we proposed and are
now taking final action to replace a series of prescriptive control
technology demonstration requirements with new recordkeeping and
reporting requirements for LNA. The fact that the SNCR technology in
use at the O'Neal

[[Page 21178]]

facility may be proprietary has no bearing on the purpose or substance
of our analysis.
Comment: Mississippi Lime asserted that SNCR technology on lime
kilns is an unproven control strategy. Thus, the commenter had
significant concerns that this technology and the corresponding FIP
will be used inappropriately for the establishment of future BACT or
BART determinations.
Response: As noted above, EPA has already determined that SNCR is a
feasible control technology for Kilns 1 and 2 at the Nelson Lime Plant
and has set emission limits that correspond to the use of SNCR in our
final rule on the Arizona RH FIP.\9\ Because our proposal and this
final action address only the optimization requirements, and are not
related to previous determinations in the FIP, this comment on our
proposal is not relevant.
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\9\ Id.
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Comment: Mississippi Lime is concerned that if LNA's proposed SNCR
system for the Nelson Lime Plant uses LNA's proprietary and patented
technology, competitors like Mississippi Lime may also be required to
use the patented technology in the future. The commenter alleged that
LNA could interfere with a competitor's obligation to use SNCR by
refusing to license its technology or by requiring exorbitant licensing
fees. This would enable LNA to use its patent to gain a competitive
advantage over the entire lime industry in the United States.
Response: While not the subject of this final rule, the Arizona RH
FIP only requires LNA to meet a specified emission limit. LNA may use
whatever technology it wants to achieve the required limit, including
proprietary technology. If LNA were to refuse to license its
proprietary technology or to charge exorbitant fees at some point in
the future, then Mississippi Lime could argue in any future regulatory
actions that the technology is not available or is not cost-effective.

IV. Final Action

We are taking final action to revise parts of the Arizona RH FIP
that apply to the Nelson Lime Plant. In particular, we are removing the
control technology demonstration requirements included in the FIP for
Nelson Lime Plant and replacing those with less prescriptive
recordkeeping and reporting requirements. For the revised recordkeeping
and reporting requirements, LNA must submit a summary of the SNCR
design and of the SNCR process improvement activities. In addition, we
are correcting a misprint in the Federal Register in a table that lists
NOX and SO2 emission limits for the kilns at the
Nelson Lime Plant. The table appears with the correct labels in the
regulatory text that follows this final rule. This rule constitutes
EPA's final action on LNA's petition for reconsideration of the Arizona
RH FIP.
EPA also is making a final determination that the revisions in this
final rule do not interfere with any applicable requirements of the
CAA. CAA section 110(l) requires that any revision to an implementation
plan shall not be approved by the Administrator if the revision would
interfere with any applicable requirement concerning attainment and
reasonable further progress or any other applicable requirement of the
CAA. These final revisions do not alter the amount or timing of the
emission reductions from the Nelson Lime Plant.

V. Statutory and Executive Order Reviews

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

This action is not a significant regulatory action and was
therefore not submitted to the Office of Management and Budget (OMB)
for review. This rule applies to only one facility and is therefore not
a rule of general applicability.

B. Paperwork Reduction Act (PRA)

This action does not impose an information collection burden under
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.
This rule applies to only one facility. Therefore, its recordkeeping
and reporting provisions do not constitute a ``collection of
information'' as defined under 44 U.S.C. 3502(3) and 5 CFR 1320.3(c).

C. Regulatory Flexibility Act (RFA)

I certify that this proposed action will not have a significant
economic impact on a substantial number of small entities. This action
will not impose any requirements on small entities. Pursuant to 13 CFR
121.201, footnote 1, a firm is small if it is in NAICS 327410 (lime
manufacturing) and the concern and its affiliates have no more than 500
employees. LNA is affiliated with the LNA Group, which has more than
5,500 employees.\10\ Therefore, LNA is not a small business.

D. Unfunded Mandates Reform Act (UMRA)

This action does not contain an unfunded mandate of $100 million or
more as described in UMRA, 2 U.S.C. 1531-1538, and does not
significantly or uniquely affect small governments.

E. Executive Order 13132: Federalism

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

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

This action does not have tribal implications, as specified in
Executive Order 13175. It will not have substantial direct effects on
any Indian tribes, on the relationship between the Federal Government
and Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes. Thus, Executive Order
13175 does not apply to this action.

G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks

EPA interprets EO 13045 as applying only to those regulatory
actions that concern health or safety risks that EPA has reason to
believe may disproportionately affect children, per the definition of
``covered regulatory action'' in section 2-202 of the Executive Order.
This action is not subject to Executive Order 13045 because it does not
concern an environmental health risk or safety risk.

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

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

I. National Technology Transfer and Advancement Act

This rulemaking does not involve technical standards. EPA is not
revising any technical standards or imposing any new technical
standards in this action.

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

EPA believes the human health or environmental risk addressed by
this action will not have potential disproportionately high and adverse
human health or environmental effects

[[Page 21179]]

on minority, low-income or indigenous populations. These final
revisions do not alter the amount or timing of the emission reductions
from the Nelson Lime Plant.

K. Congressional Review Act (CRA)

This rule is exempt from the CRA because it is a rule of particular
applicability.

L. Petitions for Judicial Review

Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by June 16, 2015. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action. This action may not be challenged later in proceedings
to enforce its requirements. See CAA section 307(b)(2). In addition,
pursuant to CAA section 307(d)(1)(B), this action is subject to the
requirements of CAA section 307(d).

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen oxides, Particulate matter, Reporting and
recordkeeping requirements, Sulfur dioxide, Visibility.

Dated: April 10, 2015.
Gina McCarthy,
Administrator.
Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart D--Arizona

0
2. Amend Sec. 52.145 by:
0
a. Revising paragraph (i); and
0
b. Removing Appendix B to Sec. 52.145--Lime Kiln Control Technology
Demonstration Requirements.
The revision reads as follows:

Sec. 52.145 Visibility protection.

* * * * *
(i) Source-specific federal implementation plan for regional haze
at Nelson Lime Plant-- (1) Applicability. This paragraph (i) applies to
the owner/operator of the lime kilns designated as Kiln 1 and Kiln 2 at
the Nelson Lime Plant located in Yavapai County, Arizona.
(2) Definitions. Terms not defined in this paragraph (i)(2) shall
have the meaning given them in the Clean Air Act or EPA's regulations
implementing the Clean Air Act. For purposes of this paragraph (i):
Ammonia injection shall include any of the following: Anhydrous
ammonia, aqueous ammonia, or urea injection.
Continuous emission monitoring system or CEMS means the equipment
required by this section to sample, analyze, measure, and provide, by
means of readings recorded at least once every 15 minutes (using an
automated data acquisition and handling system (DAHS)), a permanent
record of NOX emissions, SO2 emissions, diluent,
and stack gas volumetric flow rate.
Kiln means either of the kilns identified in paragraph (i)(1) of
this section.
Kiln 1 means lime kiln 1, as identified in paragraph (i)(1) of this
section.
Kiln 2 means lime kiln 2, as identified in paragraph (i)(1) of this
section.
Kiln operating day means a 24-hour period between 12 midnight and
the following midnight during which there is operation of Kiln 1, Kiln
2, or both kilns at any time.
Kiln operation means any period when any raw materials are fed into
the Kiln or any period when any combustion is occurring or fuel is
being fired in the Kiln.
Lime product means the product of the lime-kiln calcination
process, including calcitic lime, dolomitic lime, and dead-burned
dolomite.
NOX means oxides of nitrogen.
Owner/operator means any person who owns or who operates, controls,
or supervises a kiln identified in paragraph (i)(1) of this section.
SO2 means sulfur dioxide.
(3) Emission limitations. (i) The owner/operator of the kilns
identified in paragraph (i)(1) of this section shall not emit or cause
to be emitted pollutants in excess of the following limitations in
pounds of pollutant per ton of lime product (lb/ton), from any kiln.
Each emission limit shall be based on a 12-month rolling basis.

Pollutant Emission Limit
------------------------------------------------------------------------
Kiln ID NOX SO2
------------------------------------------------------------------------
Kiln 1.................................. 3.80 9.32
Kiln 2.................................. 2.61 9.73
------------------------------------------------------------------------

(ii) The owner/operator of the kilns identified in paragraph (i)(1)
of this section shall not emit or cause to be emitted pollutants in
excess of 3.27 tons of NOX per day and 10.10 tons of
SO2 per day, combined from both kilns, based on a rolling
30-kiln-operating-day basis.
(4) Compliance dates. (i) The owner/operator of each kiln shall
comply with the NOX emission limitations and other
NOX -related requirements of this paragraph (i) no later
than September 4, 2017.
(ii) The owner/operator of each kiln shall comply with the
SO2 emission limitations and other SO2 -related
requirements of this paragraph (i) no later than March 3, 2016.
(5) [Reserved]
(6) Compliance determination--(i) Continuous emission monitoring
system. At all times after the compliance dates specified in paragraph
(i)(4) of this section, the owner/operator of kilns 1 and 2 shall
maintain, calibrate, and operate a CEMS, in full compliance with the
requirements found at 40 CFR 60.13 and 40 CFR part 60, appendices B and
F, to accurately measure diluent, stack gas volumetric flow rate, and
concentration by volume of NOX and SO2 emissions
into the atmosphere from kilns 1 and 2. The CEMS shall be used by the
owner/operator to determine compliance with the emission limitations in
paragraph (i)(3) of this section, in combination with data on actual
lime production. The owner/operator must operate the monitoring system
and collect data at all required intervals at all times that an
affected kiln is operating, except for periods of monitoring system
malfunctions, repairs associated with monitoring system malfunctions,
and required monitoring system quality assurance or quality control
activities (including, as applicable, calibration checks and required
zero and span adjustments).
(ii) Ammonia consumption monitoring. Upon and after the completion
of installation of ammonia injection on a kiln, the owner or operator
shall install, and thereafter maintain and operate, instrumentation to
continuously monitor and record levels of ammonia consumption for that
kiln.
(iii) Compliance determination for lb per ton NOX limit. Compliance
with the NOX emission limits described in paragraph
(i)(3)(i) of this section shall be determined based on a rolling 12-
month basis. The 12-month rolling NOX emission rate for each
kiln shall be calculated within 30 days following the end of each
calendar month in accordance with the following procedure: Step one,
sum the hourly pounds of NOX emitted for the month

[[Page 21180]]

just completed and the eleven (11) months preceding the month just
completed to calculate the total pounds of NOX emitted over
the most recent twelve (12) month period for that kiln; Step two, sum
the total lime product, in tons, produced during the month just
completed and the eleven (11) months preceding the month just completed
to calculate the total lime product produced over the most recent
twelve (12) month period for that kiln; Step three, divide the total
amount of NOX calculated from Step one by the total lime
product calculated from Step two to calculate the 12-month rolling
NOX emission rate for that kiln. Each 12-month rolling
NOX emission rate shall include all emissions and all lime
product that occur during all periods within the 12-month period,
including emissions from startup, shutdown, and malfunction.
(iv) Compliance determination for lb per ton SO2 limit. Compliance
with the SO2 emission limits described in paragraph
(i)(3)(i) of this section shall be determined based on a rolling 12-
month basis. The 12-month rolling SO2 emission rate for each
kiln shall be calculated within 30 days following the end of each
calendar month in accordance with the following procedure: Step one,
sum the hourly pounds of SO2 emitted for the month just
completed and the eleven (11) months preceding the month just completed
to calculate the total pounds of SO2 emitted over the most
recent twelve (12) month period for that kiln; Step two, sum the total
lime product, in tons, produced during the month just completed and the
eleven (11) months preceding the month just completed to calculate the
total lime product produced over the most recent twelve (12) month
period for that kiln; Step three, divide the total amount of
SO2 calculated from Step one by the total lime product
calculated from Step two to calculate the 12-month rolling
SO2 emission rate for that kiln. Each 12-month rolling
SO2 emission rate shall include all emissions and all lime
product that occur during all periods within the 12-month period,
including emissions from startup, shutdown, and malfunction.
(v) Compliance determination for ton per day NOX limit. Compliance
with the NOX emission limit described in paragraph
(i)(3)(ii) of this section shall be determined based on a rolling 30-
kiln-operating-day basis. The rolling 30-kiln operating day
NOX emission rate for the kilns shall be calculated for each
kiln operating day in accordance with the following procedure: Step
one, sum the hourly pounds of NOX emitted from both kilns
for the current kiln operating day and the preceding twenty-nine (29)
kiln-operating-day period for both kilns; Step two, divide the total
pounds of NOX calculated from Step one by two thousand
(2,000) to calculate the total tons of NOX; Step three,
divide the total tons of NOX calculated from Step two by
thirty (30) to calculate the rolling 30-kiln operating day
NOX emission rate for both kilns. Each rolling 30-kiln
operating day NOX emission rate shall include all emissions
that occur from both kilns during all periods within any kiln operating
day, including emissions from startup, shutdown, and malfunction.
(vi) Compliance determination for ton per day SO2 limit.
Compliance with the SO2 emission limit described in
paragraph (i)(3)(ii) of this section shall be determined based on a
rolling 30-kiln-operating-day basis. The rolling 30-kiln operating day
SO2 emission rate for the kilns shall be calculated for each
kiln operating day in accordance with the following procedure: Step
one, sum the hourly pounds of SO2 emitted from both kilns
for the current kiln operating day and the preceding twenty-nine (29)
kiln operating days, to calculate the total pounds of SO2
emitted over the most recent thirty (30) kiln operating day period for
both kilns; Step two, divide the total pounds of SO2
calculated from Step one by two thousand (2,000) to calculate the total
tons of SO2; Step three, divide the total tons of
SO2 calculated from Step two by thirty (30) to calculate the
rolling 30-kiln operating day SO2 emission rate for both
kilns. Each rolling 30-kiln operating day SO2 emission rate
shall include all emissions that occur from both kilns during all
periods within any kiln operating day, including emissions from
startup, shutdown, and malfunction.
(7) Recordkeeping. The owner/operator shall maintain the following
records for at least five years:
(i) All CEMS data, including the date, place, and time of sampling
or measurement; parameters sampled or measured; and results.
(ii) All records of lime production.
(iii) Monthly rolling 12-month emission rates of NOX and
SO2, calculated in accordance with paragraphs (i)(6)(iii)
and (iv) of this section.
(iv) Daily rolling 30-kiln operating day emission rates of
NOX and SO2 calculated in accordance with
paragraphs (i)(6)(v) and (vi) of this section.
(v) Records of quality assurance and quality control activities for
emissions measuring systems including, but not limited to, any records
specified by 40 CFR part 60, appendix F, Procedure 1, as well as the
following:
(A) The occurrence and duration of any startup, shutdown, or
malfunction, performance testing, evaluations, calibrations, checks,
adjustments maintenance, duration of any periods during which a CEMS or
COMS is inoperative, and corresponding emission measurements.
(B) Date, place, and time of measurement or monitoring equipment
maintenance activity;
(C) Operating conditions at the time of measurement or monitoring
equipment maintenance activity;
(D) Date, place, name of company or entity that performed the
measurement or monitoring equipment maintenance activity and the
methods used; and
(E) Results of the measurement or monitoring equipment maintenance.
(vi) Records of ammonia consumption, as recorded by the
instrumentation required in paragraph (i)(6)(ii) of this section.
(vii) Records of all major maintenance activities conducted on
emission units, air pollution control equipment, CEMS, and lime
production measurement devices.
(viii) All other records specified by 40 CFR part 60, appendix F,
Procedure 1.
(8) Reporting. All reports required under this section shall be
submitted by the owner/operator to the Director, Enforcement Division,
U.S. Environmental Protection Agency, Region 9, electronically via
email to aeo_r9@epa.gov. Any data that are required under this section
shall be submitted in Excel format. Reports required under paragraphs
(i)(8)(iii) through (v) of this section shall be submitted within 30
days after the applicable compliance date(s) in paragraph (i)(4) of
this section and at least semiannually thereafter, within 30 days after
the end of a semiannual period. The owner/operator may submit reports
more frequently than semiannually for the purposes of synchronizing
reports required under this section with other reporting requirements,
such as the title V monitoring report required by 40 CFR
70.6(a)(3)(iii)(A), but at no point shall the duration of a semiannual
period exceed six months.
(i) Prior to commencing construction of the ammonia injection
system, the owner/operator shall submit to EPA a summary report of the
design of the SNCR system. Elements of this summary report shall
include: Reagent type, description of the locations selected for
reagent injection, reagent injection rate (expressed as a molar ratio
of reagent to

[[Page 21181]]

NOX), equipment list, equipment arrangement, and a summary
of kiln characteristics that were relied upon as the design basis for
the SNCR system.
(ii) By October 3, 2017, the owner/operator shall submit to EPA a
summary of any process improvement or debugging activities that were
performed on the SNCR system. Elements of this summary report shall
include: a description of each process adjustment performed on the SNCR
system, a discussion of whether the adjustment affected NOX
emission rate (including CEMS data that may have been recorded while
the adjustment was in progress), a description of the range (if
applicable) over which the adjustment was examined, and a discussion of
how the adjustment will be reflected or accounted for in kiln operating
practices. In addition, to the extent that the owner/operator evaluates
the impact of varying reagent injection rate on NOX
emissions, the owner/operator shall include the following information:
the range of reagent injection rates evaluated (expressed as a molar
ratio of reagent to average NOX concentration), reagent
injection rate, average NOX concentration, lime production
rate, kiln flue gas temperature, and the presence of any detached
plumes from the kiln exhaust.
(iii) The owner/operator shall submit a report that lists the daily
rolling 30-kiln operating day emission rates for NOX and
SO2, calculated in accordance with paragraphs (i)(6)(iii)
and (iv) of this section.
(iv) The owner/operator shall submit a report that lists the
monthly rolling 12-month emission rates for NOX and
SO2, calculated in accordance with paragraphs (i)(6)(v) and
(vi) of this section.
(v) The owner/operator shall submit excess emissions reports for
NOX and SO2 limits. Excess emissions means
emissions that exceed any of the emissions limits specified in
paragraph (i)(3) of this section. The reports shall include the
magnitude, date(s), and duration of each period of excess emissions;
specific identification of each period of excess emissions that occurs
during startups, shutdowns, and malfunctions of the kiln; the nature
and cause of any malfunction (if known); and the corrective action
taken or preventative measures adopted.
(vi) The owner/operator shall submit a summary of CEMS operation,
to include dates and duration of each period during which the CEMS was
inoperative (except for zero and span adjustments and calibration
checks), reason(s) why the CEMS was inoperative and steps taken to
prevent recurrence, and any CEMS repairs or adjustments.
(vii) The owner/operator shall submit results of all CEMS
performance tests required by 40 CFR part 60, Appendix F, Procedure 1
(Relative Accuracy Test Audits, Relative Accuracy Audits, and Cylinder
Gas Audits).
(viiii) When no excess emissions have occurred or the CEMS has not
been inoperative, repaired, or adjusted during the reporting period,
the owner/operator shall state such information in the semiannual
report.
(9) Notifications. All notifications required under this section
shall be submitted by the owner/operator to the Director, Enforcement
Division (Mail Code ENF-2-1), U.S. Environmental Protection Agency,
Region 9, 75 Hawthorne Street, San Francisco, California 94105-3901.
(i) The owner/operator shall submit notification of commencement of
construction of any equipment which is being constructed to comply with
the NOX emission limits in paragraph (i)(3) of this section.
(ii) The owner/operator shall submit semiannual progress reports on
construction of any such equipment.
(iii) The owner/operator shall submit notification of initial
startup of any such equipment.
(10) Equipment operations. (i) At all times, including periods of
startup, shutdown, and malfunction, the owner/operator shall, to the
extent practicable, maintain and operate the kilns, including
associated air pollution control equipment, in a manner consistent with
good air pollution control practices for minimizing emissions.
Pollution control equipment shall be designed and capable of operating
properly to minimize emissions during all expected operating
conditions. Determination of whether acceptable operating and
maintenance procedures are being used will be based on information
available to the Regional Administrator, which may include, but is not
limited to, monitoring results, review of operating and maintenance
procedures, and inspection of the kilns.
(ii) After completion of installation of ammonia injection on a
kiln, the owner/operator shall inject sufficient ammonia to achieve
compliance with the NOX emission limits from paragraph
(i)(3) of this section for that kiln while preventing excessive ammonia
emissions.
(11) Enforcement. Notwithstanding any other provision in this
implementation plan, any credible evidence or information relevant as
to whether the kiln would have been in compliance with applicable
requirements if the appropriate performance or compliance test had been
performed can be used to establish whether or not the owner/operator
has violated or is in violation of any standard or applicable emission
limit in the plan.
[FR Doc. 2015-08883 Filed 4-16-15; 8:45 am]
BILLING CODE 6560-50-P

21176 Federal Register / Vol. 80, No. 74 / Friday, April 17, 2015 / Rules and Regulations

This action is not a ‘‘major rule’’ as of this Federal Register, rather than file PART 52—APPROVAL AND
defined by 5 U.S.C. 804(2). an immediate petition for judicial PROMULGATION OF
Under section 307(b)(1) of the CAA, review of this direct final rule, so that IMPLEMENTATION PLANS
petitions for judicial review of this EPA can withdraw this direct final rule
action must be filed in the United States and address the comment in the ■ 1. The authority citation for part 52
Court of Appeals for the appropriate proposed rulemaking. This action may continues to read as follows:
circuit by June 16, 2015. Filing a not be challenged later in proceedings to
enforce its requirements. (See section Authority: 42 U.S.C. 7401 et seq.
petition for reconsideration by the
307(b)(2).) ■ 2. In § 52.770, the table in paragraph
Administrator of this final rule does not
affect the finality of this action for the List of Subjects in 40 CFR Part 52 (c) is amended by revising the entry for
purposes of judicial review nor does it Environmental protection, Air 3–5–1 under ‘‘Article 3. Monitoring
extend the time within which a petition pollution control, Carbon monoxide, Requirements’’, ‘‘Rule 5. Continuous
for judicial review may be filed, and Incorporation by reference, Monitoring of Emissions’’ to read as
shall not postpone the effectiveness of Intergovernmental relations, Reporting follows:
such rule or action. Parties with and recordkeeping requirements.
objections to this direct final rule are § 52.770 Identification of plan.
Dated: April 2, 2015. * * * * *
encouraged to file a comment in
response to the parallel notice of Susan Hedman,
(c) * * *
proposed rulemaking for this action Regional Administrator, Region 5.
published in the proposed rules section 40 CFR part 52 is amended as follows:

EPA-APPROVED INDIANA REGULATIONS
Indiana effec-
Indiana citation Subject EPA Approval date Notes
tive date

* * * * * * *

Article 3. Monitoring Requirements

* * * * * * *

Rule 5. Continuous Monitoring of Emissions

3–5–1 ........................ Applicability; continuous monitoring requirements for applicable 1/15/2014 4/17/2015, [insert
pollutants. Federal Register
citation].

* * * * * * *

* * * * * request for reconsideration from the copy at EPA Region 9, 75 Hawthorne
[FR Doc. 2015–08885 Filed 4–16–15; 8:45 am] plant’s owner, Lhoist North America of Street, San Francisco, California. Please
BILLING CODE 6560–50–P Arizona, Inc. (LNA), we are replacing note that while many of the documents
the control technology demonstration in the docket are listed at http://
requirements for emissions of nitrogen www.regulations.gov, some information
ENVIRONMENTAL PROTECTION oxides (NOX) applicable to Kilns 1 and may not be specifically listed in the
AGENCY 2 at the Nelson Lime Plant with revised index to the docket and may be publicly
recordkeeping and reporting available only at the hard copy location
40 CFR Part 52 requirements. We are not revising any of (e.g., copyrighted material, large maps,
the emission limits that apply to these multi-volume reports, or otherwise
[EPA–R09–OAR–2014–0861; FRL–9925–81–
units, including the existing NOX voluminous materials), and some may
Region 9]
emission limits, which can be met with not be available at either locations (e.g.,
Approval and Promulgation of Air selective non-catalytic reduction (SNCR) confidential business information). To
Quality Implementation Plans; Arizona; control technology. We also are taking inspect the hard copy materials, please
Regional Haze Federal Implementation final action to correct a misprint of the schedule an appointment during normal
Plan; Reconsideration regulatory requirements in a table in the business hours with the contact listed
Arizona RH FIP that identifies the directly below.
AGENCY: Environmental Protection emission limits for NOX and sulfur FOR FURTHER INFORMATION CONTACT:
Agency (EPA). dioxide (SO2) at each kiln. Thomas Webb, U.S. EPA, Region 9,
asabaliauskas on DSK5VPTVN1PROD with RULES

ACTION: Final rule. DATES: Effective date: This rule is Planning Office, Air Division, Air–2, 75
effective May 18, 2015. Hawthorne Street, San Francisco, CA
SUMMARY: The Environmental Protection
94105. Thomas Webb can be reached at
Agency (EPA) is taking final action to ADDRESSES: EPA has established docket
telephone number (415) 947–4139 and
revise certain provisions in the Arizona number EPA–R09–OAR–2014–0861 for
via electronic mail at webb.thomas@
Regional Haze (RH) Federal this action. Generally, documents in the
epa.gov.
Implementation Plan (FIP) that apply to docket are available electronically at
the Nelson Lime Plant. In response to a http://www.regulations.gov or in hard SUPPLEMENTARY INFORMATION:

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Federal Register / Vol. 80, No. 74 / Friday, April 17, 2015 / Rules and Regulations 21177

Definitions FIP related to reducing NOX emissions Company (‘‘Mississippi Lime’’).7 The
For the purpose of this document, from Kilns 1 and 2 at the Nelson Lime comments from Mississippi Lime
‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to EPA. We Plant.2 As described in the proposal, the focused on the requirement for LNA to
also are giving meaning to certain words revision consists of several components, install SNCR controls at the Nelson
or initials as follows: including the removal of the control Lime Plant. The comments and our
• The words or initials Act or CAA technology demonstration requirements, responses are summarized below.
the addition of revised recordkeeping Comment: Mississippi Lime stated
mean or refer to the Clean Air Act,
and reporting requirements, and the that SNCR technology has not been
unless the context indicates otherwise.
identified as Best Available Control
• The initials ADEM mean or refer to correction of an error in a table.3 We
proposed to find that these changes are Technology (BACT) for lime kilns in
the Alabama Department of
EPA’s control technology clearinghouse
Environmental Management. reasonable and appropriate based on
or as an applied emission control in
• The initials ADEQ mean or refer to information from LNA regarding the
publicly available documents for LNA’s
the Arizona Department of effectiveness of using SNCR to control O’Neal facility. The commenter further
Environmental Quality. NOX emissions at another lime plant. noted that there is no discussion of
• The words Arizona and State mean The proposed rule addressing the SNCR at the O’Neal facility in publicly
the State of Arizona. Nelson Lime Plant did not change the available documents such as operating
• The initials BACT mean or refer to emission limits, compliance deadlines, permits, quarterly excess emission
Best Available Control Technology. or the compliance determination reports, or emission inventory reports
• The initials BART mean or refer to methods established in the final rule for issued by or submitted to the Alabama
Best Available Retrofit Technology. the Arizona RH FIP. Department of Environmental
• The initials CAA mean or refer to
II. Background on Petition for Management.
the Clean Air Act. Response: EPA does not dispute
• The term Class I area refers to a Reconsideration and Stay
Mississippi Lime’s assertion that
mandatory Class I Federal area.1 publicly available information on SNCR
• The initials CBI mean or refer to LNA submitted a petition to EPA on
October 31, 2014, seeking technology for lime kilns may be
Confidential Business Information. limited. However, any such lack of
• The initials CEMS mean or refer to administrative reconsideration and a
information is irrelevant to this action.
continuous emission monitoring system partial stay of the final rule under CAA
section 307(d)(7)(B).4 Specifically, LNA In particular, in a final rule published
or systems. on September 3, 2014, EPA determined
• The words EPA, we, us or our mean requested that EPA eliminate the control
that SNCR is technically feasible and
or refer to the United States technology demonstration requirements
constitutes BART for Kilns 1 and 2 at
Environmental Protection Agency. (also known as ‘‘optimization Nelson Lime Plant.8 We have not
• The initials FIP mean or refer to requirements’’) for the Nelson Lime proposed to reconsider or otherwise
Federal Implementation Plan. Plant. In support of its petition, LNA revise those determinations.
• The initials LNA mean or refer to provided additional data regarding the Comment: Mississippi Lime
Lhoist North America of Arizona, Inc. performance of SNCR control contended that LNA, according to
• The initials MMBtu mean or refer to technology at lime kilns located at public documents provided to Illinois
million British thermal units. another LNA facility, the O’Neal Lime EPA, has stated that its O’Neal facility
• The initials NOX mean or refer to Plant in Calera, Alabama. In the in Calera, Alabama, is controlling lime
nitrogen oxides. petition, LNA also requested a stay of kiln emissions to meet emission limits
• The initials RH mean or refer to the provisions in the FIP applicable to under a permit that relies on a
regional haze. the Nelson Lime Plant if EPA did not proprietary SNCR technology that was
• The initials RHR mean or refer to propose action on its petition prior to patented by its predecessor, Chemical
EPA’s Regional Haze Rule. December 31, 2014.5 EPA sent a letter to Lime Company.
• The initials SIP mean or refer to LNA on November 20, 2014, granting Response: EPA does not dispute that
State Implementation Plan. reconsideration of the optimization the SNCR technology in use at the
• The initials SNCR mean or refer to O’Neal facility may be proprietary. EPA
requirements pursuant to CAA section
selective non-catalytic reduction. relied on an analysis of the effectiveness
307(d)(7)(B).6
• The initials SO2 mean or refer to of the SNCR technology to control
sulfur dioxide. III. Public Comments emissions at the O’Neal facility to
Table of Contents confirm that the emission limit we
In the proposed rule, EPA provided
established for the Nelson Lime Plant is
I. Summary of Proposed Action 45 days for the public to submit
reasonable and appropriate. Based on
II. Background on Petition for comments on the proposed revision to
Reconsideration and Stay the results of our analysis described in
the Arizona RH FIP. During the public
III. Public Comments our proposal, we proposed and are now
comment period, we received one set of
IV. Final Action taking final action to replace a series of
comments from the Mississippi Lime prescriptive control technology
V. Statutory and Executive Order Reviews
demonstration requirements with new
I. Summary of Proposed Action 2 80 FR 1608. The notice of proposed rulemaking

contains background information concerning the
recordkeeping and reporting
EPA proposed on January 13, 2015, to visibility requirements of the CAA, the RHR, and requirements for LNA. The fact that the
asabaliauskas on DSK5VPTVN1PROD with RULES

revise certain Best Available Retrofit the Arizona RH FIP. SNCR technology in use at the O’Neal
Technology (BART) requirements in the 3 Id.
4 Letter from Eric Hiser, Jorden Bischoff & Hiser, 7 Letter from Kimberly S. L. Bauman, Mississippi
1 Although states and tribes may designate as to Regina McCarthy, EPA (October 31, 2014). Lime Company, to Thomas Webb, EPA (February
5 Because the proposal was signed prior to 27, 2015).
Class I additional areas that they consider to have
visibility as an important value, the requirements of December 31, 2014, we consider LNA’s request for 8 See 79 FR 9318, 9337–9339 for proposed BART

the visibility program set forth in section 169A of a stay to be moot. analysis and determination (February 18, 2014); 79
the CAA apply only to ‘‘mandatory Class I Federal 6 Letter from Jared Blumenfeld, EPA, to Eric FR 52420, 52424 for final BART determination
areas.’’ Hiser, Jorden Bischoff & Hiser (November 20, 2014). (September 3, 2014).

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21178 Federal Register / Vol. 80, No. 74 / Friday, April 17, 2015 / Rules and Regulations

facility may be proprietary has no in the Federal Register in a table that more as described in UMRA, 2 U.S.C.
bearing on the purpose or substance of lists NOX and SO2 emission limits for 1531–1538, and does not significantly or
our analysis. the kilns at the Nelson Lime Plant. The uniquely affect small governments.
Comment: Mississippi Lime asserted table appears with the correct labels in
that SNCR technology on lime kilns is E. Executive Order 13132: Federalism
the regulatory text that follows this final
an unproven control strategy. Thus, the rule. This rule constitutes EPA’s final This action does not have federalism
commenter had significant concerns action on LNA’s petition for implications. It will not have substantial
that this technology and the reconsideration of the Arizona RH FIP. direct effects on the states, on the
corresponding FIP will be used EPA also is making a final relationship between the national
inappropriately for the establishment of determination that the revisions in this government and the states, or on the
future BACT or BART determinations. final rule do not interfere with any distribution of power and
Response: As noted above, EPA has applicable requirements of the CAA. responsibilities among the various
already determined that SNCR is a CAA section 110(l) requires that any levels of government.
feasible control technology for Kilns 1 revision to an implementation plan
and 2 at the Nelson Lime Plant and has shall not be approved by the F. Executive Order 13175: Consultation
set emission limits that correspond to Administrator if the revision would and Coordination With Indian Tribal
the use of SNCR in our final rule on the interfere with any applicable Governments
Arizona RH FIP.9 Because our proposal requirement concerning attainment and This action does not have tribal
and this final action address only the reasonable further progress or any other implications, as specified in Executive
optimization requirements, and are not applicable requirement of the CAA. Order 13175. It will not have substantial
related to previous determinations in These final revisions do not alter the direct effects on any Indian tribes, on
the FIP, this comment on our proposal amount or timing of the emission the relationship between the Federal
is not relevant. reductions from the Nelson Lime Plant. Government and Indian tribes, or on the
Comment: Mississippi Lime is distribution of power and
concerned that if LNA’s proposed SNCR V. Statutory and Executive Order
responsibilities between the Federal
system for the Nelson Lime Plant uses Reviews
Government and Indian tribes. Thus,
LNA’s proprietary and patented A. Executive Order 12866: Regulatory Executive Order 13175 does not apply
technology, competitors like Mississippi Planning and Review and Executive to this action.
Lime may also be required to use the Order 13563: Improving Regulation and
patented technology in the future. The Regulatory Review G. Executive Order 13045: Protection of
commenter alleged that LNA could Children From Environmental Health
This action is not a significant Risks and Safety Risks
interfere with a competitor’s obligation regulatory action and was therefore not
to use SNCR by refusing to license its submitted to the Office of Management EPA interprets EO 13045 as applying
technology or by requiring exorbitant and Budget (OMB) for review. This rule only to those regulatory actions that
licensing fees. This would enable LNA applies to only one facility and is concern health or safety risks that EPA
to use its patent to gain a competitive therefore not a rule of general has reason to believe may
advantage over the entire lime industry applicability. disproportionately affect children, per
in the United States. the definition of ‘‘covered regulatory
Response: While not the subject of B. Paperwork Reduction Act (PRA) action’’ in section 2–202 of the
this final rule, the Arizona RH FIP only This action does not impose an Executive Order. This action is not
requires LNA to meet a specified information collection burden under the subject to Executive Order 13045
emission limit. LNA may use whatever provisions of the Paperwork Reduction because it does not concern an
technology it wants to achieve the Act, 44 U.S.C. 3501 et seq. This rule environmental health risk or safety risk.
required limit, including proprietary applies to only one facility. Therefore,
technology. If LNA were to refuse to H. Executive Order 13211: Actions
its recordkeeping and reporting Concerning Regulations That
license its proprietary technology or to provisions do not constitute a
charge exorbitant fees at some point in Significantly Affect Energy Supply,
‘‘collection of information’’ as defined
the future, then Mississippi Lime could Distribution or Use
under 44 U.S.C. 3502(3) and 5 CFR
argue in any future regulatory actions 1320.3(c). This action is not subject to Executive
that the technology is not available or is Order 13211, because it is not a
not cost-effective. C. Regulatory Flexibility Act (RFA) significant regulatory action under
I certify that this proposed action will Executive Order 12866.
IV. Final Action
not have a significant economic impact
We are taking final action to revise on a substantial number of small I. National Technology Transfer and
parts of the Arizona RH FIP that apply entities. This action will not impose any Advancement Act
to the Nelson Lime Plant. In particular, requirements on small entities. Pursuant This rulemaking does not involve
we are removing the control technology to 13 CFR 121.201, footnote 1, a firm is technical standards. EPA is not revising
demonstration requirements included in small if it is in NAICS 327410 (lime any technical standards or imposing any
the FIP for Nelson Lime Plant and manufacturing) and the concern and its new technical standards in this action.
replacing those with less prescriptive affiliates have no more than 500
recordkeeping and reporting J. Executive Order 12898: Federal
employees. LNA is affiliated with the Actions To Address Environmental
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requirements. For the revised LNA Group, which has more than 5,500
recordkeeping and reporting Justice in Minority Populations and
employees.10 Therefore, LNA is not a Low-Income Populations
requirements, LNA must submit a small business.
summary of the SNCR design and of the EPA believes the human health or
SNCR process improvement activities. D. Unfunded Mandates Reform Act environmental risk addressed by this
In addition, we are correcting a misprint (UMRA) action will not have potential
This action does not contain an disproportionately high and adverse
9 Id. unfunded mandate of $100 million or human health or environmental effects

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Federal Register / Vol. 80, No. 74 / Friday, April 17, 2015 / Rules and Regulations 21181

NOX), equipment list, equipment recurrence, and any CEMS repairs or requirements if the appropriate
arrangement, and a summary of kiln adjustments. performance or compliance test had
characteristics that were relied upon as (vii) The owner/operator shall submit been performed can be used to establish
the design basis for the SNCR system. results of all CEMS performance tests whether or not the owner/operator has
(ii) By October 3, 2017, the owner/ required by 40 CFR part 60, Appendix violated or is in violation of any
operator shall submit to EPA a summary F, Procedure 1 (Relative Accuracy Test standard or applicable emission limit in
of any process improvement or Audits, Relative Accuracy Audits, and the plan.
debugging activities that were Cylinder Gas Audits). [FR Doc. 2015–08883 Filed 4–16–15; 8:45 am]
performed on the SNCR system. (viiii) When no excess emissions have BILLING CODE 6560–50–P
Elements of this summary report shall occurred or the CEMS has not been
include: a description of each process inoperative, repaired, or adjusted during
adjustment performed on the SNCR the reporting period, the owner/operator ENVIRONMENTAL PROTECTION
system, a discussion of whether the shall state such information in the AGENCY
adjustment affected NOX emission rate semiannual report.
(including CEMS data that may have (9) Notifications. All notifications 40 CFR Part 52
been recorded while the adjustment was required under this section shall be [EPA–R10–OAR–2013–0581; FRL–9926–52–
in progress), a description of the range submitted by the owner/operator to the Region 10]
(if applicable) over which the Director, Enforcement Division (Mail
adjustment was examined, and a Code ENF–2–1), U.S. Environmental Approval and Promulgation of
discussion of how the adjustment will Protection Agency, Region 9, 75 Implementation Plans; Idaho:
be reflected or accounted for in kiln Hawthorne Street, San Francisco, Interstate Transport of Fine Particulate
operating practices. In addition, to the California 94105–3901. Matter
extent that the owner/operator evaluates (i) The owner/operator shall submit
notification of commencement of AGENCY: Environmental Protection
the impact of varying reagent injection
construction of any equipment which is Agency.
rate on NOX emissions, the owner/
operator shall include the following being constructed to comply with the ACTION: Final rule.
information: the range of reagent NOX emission limits in paragraph (i)(3) SUMMARY: On June 28, 2010, the State of
injection rates evaluated (expressed as a of this section. Idaho submitted a State Implementation
molar ratio of reagent to average NOX (ii) The owner/operator shall submit Plan (SIP) revision to the Environmental
concentration), reagent injection rate, semiannual progress reports on Protection Agency (EPA) to address
average NOX concentration, lime construction of any such equipment. certain interstate transport requirements
production rate, kiln flue gas (iii) The owner/operator shall submit
of the Clean Air Act (CAA). The EPA
temperature, and the presence of any notification of initial startup of any such
finds that the Idaho SIP meets the CAA
detached plumes from the kiln exhaust. equipment.
(10) Equipment operations. (i) At all interstate transport requirements that
(iii) The owner/operator shall submit the SIP contain adequate provisions
a report that lists the daily rolling 30- times, including periods of startup,
shutdown, and malfunction, the owner/ prohibiting air emissions that will
kiln operating day emission rates for
operator shall, to the extent practicable, contribute significantly to
NOX and SO2, calculated in accordance
maintain and operate the kilns, nonattainment or interfere with
with paragraphs (i)(6)(iii) and (iv) of this
including associated air pollution maintenance of the 2006 24-hour PM2.5
section.
(iv) The owner/operator shall submit control equipment, in a manner NAAQS in any other state.
a report that lists the monthly rolling consistent with good air pollution DATES: This final rule is effective on
12-month emission rates for NOX and control practices for minimizing May 18, 2015.
SO2, calculated in accordance with emissions. Pollution control equipment ADDRESSES: The EPA has established a
paragraphs (i)(6)(v) and (vi) of this shall be designed and capable of docket for this action under Docket
section. operating properly to minimize Identification No. EPA–R10–OAR–
(v) The owner/operator shall submit emissions during all expected operating 2013–0581. All documents in the docket
excess emissions reports for NOX and conditions. Determination of whether are listed on the http://
SO2 limits. Excess emissions means acceptable operating and maintenance www.regulations.gov Web site. Although
emissions that exceed any of the procedures are being used will be based listed in the index, some information
emissions limits specified in paragraph on information available to the Regional may not be publicly available, i.e.,
(i)(3) of this section. The reports shall Administrator, which may include, but Confidential Business Information or
include the magnitude, date(s), and is not limited to, monitoring results, other information the disclosure of
duration of each period of excess review of operating and maintenance which is restricted by statute. Certain
emissions; specific identification of procedures, and inspection of the kilns. other material, such as copyrighted
each period of excess emissions that (ii) After completion of installation of material, is not placed on the Internet
occurs during startups, shutdowns, and ammonia injection on a kiln, the owner/ and will be publicly available only in
malfunctions of the kiln; the nature and operator shall inject sufficient ammonia hard copy form. Publicly available
cause of any malfunction (if known); to achieve compliance with the NOX docket materials are available either
and the corrective action taken or emission limits from paragraph (i)(3) of electronically through http://
preventative measures adopted. this section for that kiln while www.regulations.gov or in hard copy at
asabaliauskas on DSK5VPTVN1PROD with RULES

(vi) The owner/operator shall submit preventing excessive ammonia EPA Region 10, Office of Air, Waste,
a summary of CEMS operation, to emissions. and Toxics, AWT–150, 1200 Sixth
include dates and duration of each (11) Enforcement. Notwithstanding Avenue, Seattle, Washington 98101. The
period during which the CEMS was any other provision in this EPA requests that you contact the
inoperative (except for zero and span implementation plan, any credible person listed in the FOR FURTHER
adjustments and calibration checks), evidence or information relevant as to INFORMATION CONTACT section to
reason(s) why the CEMS was whether the kiln would have been in schedule your inspection. The Regional
inoperative and steps taken to prevent compliance with applicable Office’s official hours of business are

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Document Created: 2015-12-18 11:20:33
Document Modified: 2015-12-18 11:20:33

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule.
Contact		Thomas Webb, U.S. EPA, Region 9, Planning Office, Air Division, Air-2, 75 Hawthorne Street, San Francisco, CA 94105. Thomas Webb can be reached at telephone number (415) 947-4139 and via electronic mail at [email protected]
FR Citation		80 FR 21176
CFR Associated		Environmental Protection; Air Pollution Control; Incorporation by Reference; Nitrogen Oxides; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Dioxide and Visibility