80_FR_21250 80 FR 21176 - Approval and Promulgation of Air Quality Implementation Plans; Arizona; Regional Haze Federal Implementation Plan; Reconsideration

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 Range21176-21181
FR Document2015-08883

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.
---------------------------------------------------------------------------

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).
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \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,
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                                                  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
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                                                  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                                           21179

                                                  on minority, low-income or indigenous                   operator of the lime kilns designated as               section shall not emit or cause to be
                                                  populations. These final revisions do                   Kiln 1 and Kiln 2 at the Nelson Lime                   emitted pollutants in excess of 3.27 tons
                                                  not alter the amount or timing of the                   Plant located in Yavapai County,                       of NOX per day and 10.10 tons of SO2
                                                  emission reductions from the Nelson                     Arizona.                                               per day, combined from both kilns,
                                                  Lime Plant.                                                (2) Definitions. Terms not defined in               based on a rolling 30-kiln-operating-day
                                                                                                          this paragraph (i)(2) shall have the                   basis.
                                                  K. Congressional Review Act (CRA)                                                                                 (4) Compliance dates. (i) The owner/
                                                                                                          meaning given them in the Clean Air
                                                    This rule is exempt from the CRA                      Act or EPA’s regulations implementing                  operator of each kiln shall comply with
                                                  because it is a rule of particular                      the Clean Air Act. For purposes of this                the NOX emission limitations and other
                                                  applicability.                                          paragraph (i):                                         NOX -related requirements of this
                                                                                                             Ammonia injection shall include any                 paragraph (i) no later than September 4,
                                                  L. Petitions for Judicial Review
                                                                                                          of the following: Anhydrous ammonia,                   2017.
                                                     Under section 307(b)(1) of the Clean                 aqueous ammonia, or urea injection.                       (ii) The owner/operator of each kiln
                                                  Air Act, petitions for judicial review of                  Continuous emission monitoring                      shall comply with the SO2 emission
                                                  this action must be filed in the United                 system or CEMS means the equipment                     limitations and other SO2 -related
                                                  States Court of Appeals for the                         required by this section to sample,                    requirements of this paragraph (i) no
                                                  appropriate circuit by June 16, 2015.                   analyze, measure, and provide, by                      later than March 3, 2016.
                                                  Filing a petition for reconsideration by                means of readings recorded at least once                  (5) [Reserved]
                                                  the Administrator of this final rule does               every 15 minutes (using an automated                      (6) Compliance determination—(i)
                                                  not affect the finality of this rule for the            data acquisition and handling system                   Continuous emission monitoring
                                                  purposes of judicial review nor does it                 (DAHS)), a permanent record of NOX                     system. At all times after the compliance
                                                  extend the time within which a petition                 emissions, SO2 emissions, diluent, and                 dates specified in paragraph (i)(4) of this
                                                  for judicial review may be filed, and                   stack gas volumetric flow rate.                        section, the owner/operator of kilns 1
                                                  shall not postpone the effectiveness of                    Kiln means either of the kilns                      and 2 shall maintain, calibrate, and
                                                  such rule or action. This action may not                identified in paragraph (i)(1) of this                 operate a CEMS, in full compliance with
                                                  be challenged later in proceedings to                   section.                                               the requirements found at 40 CFR 60.13
                                                  enforce its requirements. See CAA                          Kiln 1 means lime kiln 1, as identified             and 40 CFR part 60, appendices B and
                                                  section 307(b)(2). In addition, pursuant                in paragraph (i)(1) of this section.                   F, to accurately measure diluent, stack
                                                  to CAA section 307(d)(1)(B), this action                   Kiln 2 means lime kiln 2, as identified             gas volumetric flow rate, and
                                                  is subject to the requirements of CAA                   in paragraph (i)(1) of this section.                   concentration by volume of NOX and
                                                  section 307(d).                                            Kiln operating day means a 24-hour                  SO2 emissions into the atmosphere from
                                                                                                          period between 12 midnight and the                     kilns 1 and 2. The CEMS shall be used
                                                  List of Subjects in 40 CFR Part 52                                                                             by the owner/operator to determine
                                                                                                          following midnight during which there
                                                    Environmental protection, Air                         is operation of Kiln 1, Kiln 2, or both                compliance with the emission
                                                  pollution control, Incorporation by                     kilns at any time.                                     limitations in paragraph (i)(3) of this
                                                  reference, Nitrogen oxides, Particulate                    Kiln operation means any period                     section, in combination with data on
                                                  matter, Reporting and recordkeeping                     when any raw materials are fed into the                actual lime production. The owner/
                                                  requirements, Sulfur dioxide, Visibility.               Kiln or any period when any                            operator must operate the monitoring
                                                                                                          combustion is occurring or fuel is being               system and collect data at all required
                                                    Dated: April 10, 2015.
                                                                                                          fired in the Kiln.                                     intervals at all times that an affected
                                                  Gina McCarthy,                                                                                                 kiln is operating, except for periods of
                                                  Administrator.                                             Lime product means the product of
                                                                                                          the lime-kiln calcination process,                     monitoring system malfunctions, repairs
                                                    Part 52, chapter I, title 40 of the Code                                                                     associated with monitoring system
                                                  of Federal Regulations is amended as                    including calcitic lime, dolomitic lime,
                                                                                                          and dead-burned dolomite.                              malfunctions, and required monitoring
                                                  follows:                                                                                                       system quality assurance or quality
                                                                                                             NOX means oxides of nitrogen.
                                                                                                             Owner/operator means any person                     control activities (including, as
                                                  PART 52—APPROVAL AND                                                                                           applicable, calibration checks and
                                                  PROMULGATION OF                                         who owns or who operates, controls, or
                                                                                                          supervises a kiln identified in paragraph              required zero and span adjustments).
                                                  IMPLEMENTATION PLANS                                                                                              (ii) Ammonia consumption
                                                                                                          (i)(1) of this section.
                                                  ■ 1. The authority citation for part 52                    SO2 means sulfur dioxide.                           monitoring. Upon and after the
                                                  continues to read as follows:                              (3) Emission limitations. (i) The                   completion of installation of ammonia
                                                                                                          owner/operator of the kilns identified in              injection on a kiln, the owner or
                                                      Authority: 42 U.S.C. 7401 et seq.                                                                          operator shall install, and thereafter
                                                                                                          paragraph (i)(1) of this section shall not
                                                                                                          emit or cause to be emitted pollutants in              maintain and operate, instrumentation
                                                  Subpart D—Arizona
                                                                                                          excess of the following limitations in                 to continuously monitor and record
                                                  ■ 2. Amend § 52.145 by:                                 pounds of pollutant per ton of lime                    levels of ammonia consumption for that
                                                  ■ a. Revising paragraph (i); and                        product (lb/ton), from any kiln. Each                  kiln.
                                                  ■ b. Removing Appendix B to                                                                                       (iii) Compliance determination for lb
                                                                                                          emission limit shall be based on a 12-
                                                  § 52.145—Lime Kiln Control                                                                                     per ton NOX limit. Compliance with the
                                                                                                          month rolling basis.
                                                  Technology Demonstration                                                                                       NOX emission limits described in
                                                  Requirements.                                                                                                  paragraph (i)(3)(i) of this section shall be
                                                                                                                    POLLUTANT EMISSION LIMIT
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                                                    The revision reads as follows:                                                                               determined based on a rolling 12-month
                                                                                                                Kiln ID          NOX                  SO2        basis. The 12-month rolling NOX
                                                  § 52.145    Visibility protection.                                                                             emission rate for each kiln shall be
                                                  *     *    *     *     *                 Kiln 1 .........      3.80             9.32                           calculated within 30 days following the
                                                    (i) Source-specific federal            Kiln 2 .........      2.61             9.73                           end of each calendar month in
                                                  implementation plan for regional haze                                                                          accordance with the following
                                                  at Nelson Lime Plant— (1) Applicability.    (ii) The owner/operator of the kilns                               procedure: Step one, sum the hourly
                                                  This paragraph (i) applies to the owner/ identified in paragraph (i)(1) of this                                pounds of NOX emitted for the month


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                                                  21180                Federal Register / Vol. 80, No. 74 / Friday, April 17, 2015 / Rules and Regulations

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


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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
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                                                     (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
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
ContactThomas 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 Citation80 FR 21176 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Nitrogen Oxides; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Dioxide and Visibility

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