80_FR_54904 80 FR 54728 - National Emission Standards for Hazardous Air Pollutants for the Portland Cement Manufacturing Industry and Standards of Performance for Portland Cement Plants; Correction

80 FR 54728 - National Emission Standards for Hazardous Air Pollutants for the Portland Cement Manufacturing Industry and Standards of Performance for Portland Cement Plants; Correction

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 176 (September 11, 2015)

Page Range54728-54729
FR Document2015-22945

The Environmental Protection Agency (EPA) published a final rule in the Federal Register on July 27, 2015, titled National Emission Standards for Hazardous Air Pollutants for the Portland Cement Manufacturing Industry and Standards of Performance for Portland Cement Plants. This final rule makes technical corrections and clarifications to the regulations published in that final rule. The rule also includes a provision describing performance testing requirements when a source demonstrates compliance with the hydrochloric acid (HCl) emissions standard using a continuous emissions monitoring system (CEMS) for sulfur dioxide measurement and reporting.

Federal Register, Volume 80 Issue 176 (Friday, September 11, 2015)
[Federal Register Volume 80, Number 176 (Friday, September 11, 2015)]
[Rules and Regulations]
[Pages 54728-54729]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-22945]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-HQ-OAR-2011-0817; FRL-9933-76-OAR]
RIN 2060-AQ93


National Emission Standards for Hazardous Air Pollutants for the 
Portland Cement Manufacturing Industry and Standards of Performance for 
Portland Cement Plants; Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; correcting amendments.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) published a final 
rule in the Federal Register on July 27, 2015, titled National Emission 
Standards for Hazardous Air Pollutants for the Portland Cement 
Manufacturing Industry and Standards of Performance for Portland Cement 
Plants. This final rule makes technical corrections and clarifications 
to the regulations published in that final rule. The rule also includes 
a provision describing performance testing requirements when a source 
demonstrates compliance with the hydrochloric acid (HCl) emissions 
standard using a continuous emissions monitoring system (CEMS) for 
sulfur dioxide measurement and reporting.

DATES: Effective September 9, 2015.

FOR FURTHER INFORMATION CONTACT: Ms. Sharon Nizich, Sector Policies and 
Programs Division (D243-04), Office of Air Quality Planning and 
Standards, U.S. Environmental Protection Agency, Research Triangle 
Park, North Carolina 27711, telephone number: (919) 541-2825; facsimile 
number: (919) 541-5450; email address: nizich.sharon@epa.gov. For 
information about the applicability of the national emission standards 
for hazardous air pollutants or new source performance standards, 
contact Mr. Patrick Yellin, Monitoring, Assistance and Media Programs 
Division (2227A), Office of Enforcement and Compliance Assurance, U.S. 
Environmental Protection Agency, 1200 Pennsylvania Avenue, Washington, 
DC 20460; telephone number (202) 564-2970; email address 
yellin.patrick@epa.gov.

SUPPLEMENTARY INFORMATION: 

Summary of Technical Corrections

    The EPA received communications from representatives of the 
Portland cement industry on five occasions in August 2015 (see memo to 
the docket (EPA-HQ-OAR-2011-0817) titled, ``Communications on Errors 
PCA August 2015''). These communications outlined several errors in the 
regulatory text of the final rule (80 FR 44772). These all pertain to 
monitoring requirements. The EPA agrees that these are errors 
(typographical and unintended phrasing or omissions), and is correcting 
these errors in this document. We are also removing two passages (which 
consisted of four sentences) that were inadvertently left in the final 
amendments, but were discussed by the EPA as being removed in the 
Response to Comment (RTC) document for the final amendments (see docket 
item EPA-HQ-OAR-2011-0817-0870, page 8). In the RTC, we discussed that 
data substitution is not an allowed practice when determining 
compliance, but these four sentences discuss procedures for data 
substitution. Leaving these sentences in the rule, thus, does not 
reflect the EPA's stated intention, and would lead to confusion given 
the direct conflict between the RTC document and the rule text.
    We are making one further technical correction involving timing of 
performance tests. The correction keeps in place the specified time by 
which performance tests must be conducted, but will no longer set out a 
window of time in which the test must be conducted. The net effect is 
that performance tests can be conducted earlier than the window of time 
in the current rule text if a source desires to conduct its performance 
test earlier. The EPA had already indicated in the RTC document that it 
was making this change (see docket item EPA-HQ-OAR-2011-0817-0870, page 
5). The EPA regards this amendment as a clarification (the current rule 
could be interpreted to allow earlier testing) so that the rule reads 
precisely as intended, as stated by the EPA in the RTC document.

List of Subjects in 40 CFR Part 63

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Hazardous substances, Intergovernmental 
relations, Reporting and recordkeeping requirements.

    For the reasons set out in the preamble, title 40, chapter I of the 
Code of Federal Regulations is amended as follows:

PART 63--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS 
FOR SOURCE CATEGORIES

0
1. The authority citation for part 63 continues to read as follows:


[[Page 54729]]


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


0
2. Amend Sec.  63.1349 by:
0
a. In paragraph (b)(4)(i), removing ``ppmvd'' and adding in its place 
``ppmvw''.
0
b. In paragraph (b)(7)(v), revising the second sentence.
0
c. In paragraph (c), revising the second sentence.
    The revisions read as follows:


Sec.  63.1349  Performance testing requirements.

* * * * *
    (b) * * *
    (7) * * *
    (v)* * * You are required to measure oHAP at the coal mill inlet or 
outlet and you must also measure oHAP at the alkali bypass outlet. * * 
*
* * * * *
    (c) * * * Performance tests required every 30 months must be 
completed no more than 31 calendar months after the previous 
performance test except where that specific pollutant is monitored 
using CEMS; performance tests required every 12 months must be 
completed no more than 13 calendar months after the previous 
performance test.
* * * * *

0
3. Amend Sec.  63.1350 by:
0
a. In paragraph (k)(2)(ii), revising the last sentence.
0
b. Revising paragraph (k)(2)(iii).
0
c. In paragraph (l)(1) introductory text, revising the last sentence.
0
d. In paragraph (l)(1)(ii)(B), revising the last sentence.
0
e. In paragraph (l)(1)(ii)(C), removing the last two sentences.
    The revisions read as follows:


Sec.  63.1350  Monitoring requirements.

* * * * *
    (k) * * *
    (2) * * *
    (ii) * * * In this manner all hourly average values exceeding the 
span value measured by the Hg CEMS during the week following the above 
span linearity challenge when the CEMS response exceeds +/-20 percent 
of the certified value of the reference gas must be normalized using 
Equation 22.
    (iii) Quality assure any data above the span value established in 
paragraph (k)(1) of this section using the following procedure. Any 
time two consecutive one-hour average measured concentrations of Hg 
exceeds the span value you must, within 24 hours before or after, 
introduce a higher, ``above span'' Hg reference gas standard to the Hg 
CEMS. The ``above span'' reference gas must meet the requirements of PS 
12A, Section 7.1, must target a concentration level between 50 and 150 
percent of the highest expected hourly concentration measured during 
the period of measurements above span, and must be introduced at the 
probe. While this target represents a desired concentration range that 
is not always achievable in practice, it is expected that the intent to 
meet this range is demonstrated by the value of the reference gas. 
Expected values may include ``above span'' calibrations done before or 
after the above span measurement period. Record and report the results 
of this procedure as you would for a daily calibration. The ``above 
span'' calibration is successful if the value measured by the Hg CEMS 
is within 20 percent of the certified value of the reference gas. If 
the value measured by the Hg CEMS exceeds 20 percent of the certified 
value of the reference gas, then you must normalize the one-hour 
average stack gas values measured above the span during the 24-hour 
period preceding or following the ``above span'' calibration for 
reporting based on the Hg CEMS response to the reference gas as shown 
in equation 22 below. Only one ``above span'' calibration is needed per 
24 hour period.
[GRAPHIC] [TIFF OMITTED] TR11SE15.008

* * * * *
    (l) * * *
    (1) * * * The span value and calibration requirements in paragraphs 
(l)(1)(i) and (ii) of this section apply to HCl CEMS other than those 
installed and certified under PS 15.
* * * * *
    (ii) * * *
    (B) * * * Any HCl CEMS above span linearity challenge response 
exceeding +/-20 percent of the certified value of the reference gas 
requires that all above span hourly averages during the week following 
the above span linearity challenge must be normalized using Equation 
23.
* * * * *

    Dated: September 2, 2015.
Janet G. McCabe,
Acting Assistant Administrator, Office of Air and Radiation.
[FR Doc. 2015-22945 Filed 9-9-15; 4:15 pm]
BILLING CODE 6560-50-P



                                             54728            Federal Register / Vol. 80, No. 176 / Friday, September 11, 2015 / Rules and Regulations

                                             PART 52—APPROVAL AND                                    ENVIRONMENTAL PROTECTION                              ‘‘Communications on Errors PCA
                                             PROMULGATION OF                                         AGENCY                                                August 2015’’). These communications
                                             IMPLEMENTATION PLANS                                                                                          outlined several errors in the regulatory
                                                                                                     40 CFR Part 63                                        text of the final rule (80 FR 44772).
                                             ■ 1. The authority citation for part 52                 [EPA–HQ–OAR–2011–0817; FRL–9933–76–                   These all pertain to monitoring
                                             continues to read as follows:                           OAR]                                                  requirements. The EPA agrees that these
                                                                                                                                                           are errors (typographical and
                                                                                                     RIN 2060–AQ93                                         unintended phrasing or omissions), and
                                                 Authority: 42 U.S.C. 7401 et seq.
                                                                                                                                                           is correcting these errors in this
                                             ■ 2. Section 52.2591 is amended by                      National Emission Standards for                       document. We are also removing two
                                             adding paragraphs (g), (h), and (i) to                  Hazardous Air Pollutants for the                      passages (which consisted of four
                                             read as follows:                                        Portland Cement Manufacturing                         sentences) that were inadvertently left
                                                                                                     Industry and Standards of                             in the final amendments, but were
                                             § 52.2591 Section 110(a)(2) infrastructure              Performance for Portland Cement                       discussed by the EPA as being removed
                                             requirements.                                           Plants; Correction                                    in the Response to Comment (RTC)
                                             *     *     *      *      *                             AGENCY:  Environmental Protection                     document for the final amendments (see
                                               (g) Approval—In a June 20, 2013,                      Agency (EPA).                                         docket item EPA–HQ–OAR–2011–0817–
                                             submission with a January 28, 2015,                     ACTION: Final rule; correcting                        0870, page 8). In the RTC, we discussed
                                             clarification, Wisconsin certified that                 amendments.                                           that data substitution is not an allowed
                                             the state has satisfied the infrastructure                                                                    practice when determining compliance,
                                             SIP requirements of section 110(a)(2)(A)                SUMMARY:    The Environmental Protection              but these four sentences discuss
                                             through (H), and (J) through (M) for the                Agency (EPA) published a final rule in                procedures for data substitution.
                                             2008 ozone NAAQS. We are not taking                     the Federal Register on July 27, 2015,                Leaving these sentences in the rule,
                                                                                                     titled National Emission Standards for                thus, does not reflect the EPA’s stated
                                             action on the prevention of significant
                                                                                                     Hazardous Air Pollutants for the                      intention, and would lead to confusion
                                             deterioration requirements related to
                                                                                                     Portland Cement Manufacturing                         given the direct conflict between the
                                             section 110(a)(2)(C), (D)(i)(II), and (J),
                                                                                                     Industry and Standards of Performance                 RTC document and the rule text.
                                             the transport provisions in section                                                                              We are making one further technical
                                                                                                     for Portland Cement Plants. This final
                                             110(a)(2)(D)(i)(I), and the state board                                                                       correction involving timing of
                                                                                                     rule makes technical corrections and
                                             requirements of (E)(ii). We will address                clarifications to the regulations                     performance tests. The correction keeps
                                             these requirements in a separate action.                published in that final rule. The rule                in place the specified time by which
                                               (h) Approval—In a June 20, 2013,                      also includes a provision describing                  performance tests must be conducted,
                                             submission with a January 28, 2015,                     performance testing requirements when                 but will no longer set out a window of
                                             clarification, Wisconsin certified that                 a source demonstrates compliance with                 time in which the test must be
                                             the state has satisfied the infrastructure              the hydrochloric acid (HCl) emissions                 conducted. The net effect is that
                                             SIP requirements of section 110(a)(2)(A)                standard using a continuous emissions                 performance tests can be conducted
                                             through (H), and (J) through (M) for the                monitoring system (CEMS) for sulfur                   earlier than the window of time in the
                                             2010 nitrogen dioxide (NO2) NAAQS.                      dioxide measurement and reporting.                    current rule text if a source desires to
                                             We are not taking action on the                         DATES: Effective September 9, 2015.                   conduct its performance test earlier. The
                                             prevention of significant deterioration                                                                       EPA had already indicated in the RTC
                                                                                                     FOR FURTHER INFORMATION CONTACT: Ms.
                                                                                                                                                           document that it was making this
                                             requirements related to section                         Sharon Nizich, Sector Policies and
                                                                                                                                                           change (see docket item EPA–HQ–OAR–
                                             110(a)(2)(C), (D)(i)(II), and (J), and the              Programs Division (D243–04), Office of
                                                                                                                                                           2011–0817–0870, page 5). The EPA
                                             state board requirements of (E)(ii). We                 Air Quality Planning and Standards,
                                                                                                                                                           regards this amendment as a
                                             will address these requirements in a                    U.S. Environmental Protection Agency,
                                                                                                                                                           clarification (the current rule could be
                                             separate action.                                        Research Triangle Park, North Carolina
                                                                                                                                                           interpreted to allow earlier testing) so
                                               (i) Approval—In a June 20, 2013,                      27711, telephone number: (919) 541–
                                                                                                                                                           that the rule reads precisely as intended,
                                                                                                     2825; facsimile number: (919) 541–5450;
                                             submission with a January 28, 2015,                                                                           as stated by the EPA in the RTC
                                                                                                     email address: nizich.sharon@epa.gov.
                                             clarification, Wisconsin certified that                                                                       document.
                                                                                                     For information about the applicability
                                             the state has satisfied the infrastructure              of the national emission standards for                List of Subjects in 40 CFR Part 63
                                             SIP requirements of section 110(a)(2)(A)                hazardous air pollutants or new source
                                             through (H), and (J) through (M) for the                                                                        Environmental protection,
                                                                                                     performance standards, contact Mr.                    Administrative practice and procedure,
                                             2010 sulfur dioxide (SO2) NAAQS. We                     Patrick Yellin, Monitoring, Assistance
                                             are not taking action on the prevention                                                                       Air pollution control, Hazardous
                                                                                                     and Media Programs Division (2227A),                  substances, Intergovernmental relations,
                                             of significant deterioration requirements               Office of Enforcement and Compliance                  Reporting and recordkeeping
                                             related to section 110(a)(2)(C), (D)(i)(II),            Assurance, U.S. Environmental                         requirements.
                                             and (J), the transport provisions in                    Protection Agency, 1200 Pennsylvania
                                             section 110(a)(2)(D)(i)(I), and the state                                                                       For the reasons set out in the
                                                                                                     Avenue, Washington, DC 20460;
                                             board requirements of (E)(ii). We will                                                                        preamble, title 40, chapter I of the Code
                                                                                                     telephone number (202) 564–2970;
                                             address these requirements in a separate                                                                      of Federal Regulations is amended as
                                                                                                     email address yellin.patrick@epa.gov.
                                                                                                                                                           follows:
                                             action.                                                 SUPPLEMENTARY INFORMATION:
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                                             [FR Doc. 2015–22864 Filed 9–10–15; 8:45 am]
                                                                                                     Summary of Technical Corrections                      PART 63—NATIONAL EMISSION
                                             BILLING CODE 6560–50–P                                                                                        STANDARDS FOR HAZARDOUS AIR
                                                                                                        The EPA received communications                    POLLUTANTS FOR SOURCE
                                                                                                     from representatives of the Portland                  CATEGORIES
                                                                                                     cement industry on five occasions in
                                                                                                     August 2015 (see memo to the docket                   ■ 1. The authority citation for part 63
                                                                                                     (EPA–HQ–OAR–2011–0817) titled,                        continues to read as follows:


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                                                              Federal Register / Vol. 80, No. 176 / Friday, September 11, 2015 / Rules and Regulations                                        54729

                                                 Authority: 42 U.S.C. 7401, et seq.                  ■ a. In paragraph (k)(2)(ii), revising the            12A, Section 7.1, must target a
                                             ■  2. Amend § 63.1349 by:                               last sentence.                                        concentration level between 50 and 150
                                                                                                     ■ b. Revising paragraph (k)(2)(iii).                  percent of the highest expected hourly
                                             ■  a. In paragraph (b)(4)(i), removing                  ■ c. In paragraph (l)(1) introductory text,
                                             ‘‘ppmvd’’ and adding in its place                                                                             concentration measured during the
                                                                                                     revising the last sentence.                           period of measurements above span,
                                             ‘‘ppmvw’’.                                              ■ d. In paragraph (l)(1)(ii)(B), revising
                                             ■ b. In paragraph (b)(7)(v), revising the
                                                                                                                                                           and must be introduced at the probe.
                                                                                                     the last sentence.                                    While this target represents a desired
                                             second sentence.                                        ■ e. In paragraph (l)(1)(ii)(C), removing
                                                                                                                                                           concentration range that is not always
                                             ■ c. In paragraph (c), revising the second              the last two sentences.                               achievable in practice, it is expected
                                             sentence.                                                 The revisions read as follows:                      that the intent to meet this range is
                                                The revisions read as follows:
                                                                                                     § 63.1350    Monitoring requirements.                 demonstrated by the value of the
                                             § 63.1349 Performance testing                           *      *     *     *    *                             reference gas. Expected values may
                                             requirements.                                             (k) * * *                                           include ‘‘above span’’ calibrations done
                                             *     *     *     *    *                                  (2) * * *                                           before or after the above span
                                               (b) * * *                                               (ii) * * * In this manner all hourly                measurement period. Record and report
                                               (7) * * *                                             average values exceeding the span value               the results of this procedure as you
                                               (v)* * * You are required to measure                  measured by the Hg CEMS during the                    would for a daily calibration. The
                                             oHAP at the coal mill inlet or outlet and               week following the above span linearity               ‘‘above span’’ calibration is successful if
                                             you must also measure oHAP at the                       challenge when the CEMS response                      the value measured by the Hg CEMS is
                                             alkali bypass outlet. * * *                             exceeds +/¥20 percent of the certified                within 20 percent of the certified value
                                                                                                     value of the reference gas must be                    of the reference gas. If the value
                                             *     *     *     *    *
                                                                                                     normalized using Equation 22.                         measured by the Hg CEMS exceeds 20
                                               (c) * * * Performance tests required                    (iii) Quality assure any data above the             percent of the certified value of the
                                             every 30 months must be completed no                    span value established in paragraph                   reference gas, then you must normalize
                                             more than 31 calendar months after the                  (k)(1) of this section using the following            the one-hour average stack gas values
                                             previous performance test except where                  procedure. Any time two consecutive                   measured above the span during the 24-
                                             that specific pollutant is monitored                    one-hour average measured                             hour period preceding or following the
                                             using CEMS; performance tests required                  concentrations of Hg exceeds the span                 ‘‘above span’’ calibration for reporting
                                             every 12 months must be completed no                    value you must, within 24 hours before                based on the Hg CEMS response to the
                                             more than 13 calendar months after the                  or after, introduce a higher, ‘‘above                 reference gas as shown in equation 22
                                             previous performance test.                              span’’ Hg reference gas standard to the               below. Only one ‘‘above span’’
                                             *     *     *     *    *                                Hg CEMS. The ‘‘above span’’ reference                 calibration is needed per 24 hour
                                             ■ 3. Amend § 63.1350 by:                                gas must meet the requirements of PS                  period.




                                             *       *    *      *      *                            ENVIRONMENTAL PROTECTION                              permissible level for residues of
                                                (l) * * *                                            AGENCY                                                tetraethylene glycol.
                                                (1) * * * The span value and                                                                               DATES: This regulation is effective
                                                                                                     40 CFR Part 180                                       September 11, 2015. Objections and
                                             calibration requirements in paragraphs
                                             (l)(1)(i) and (ii) of this section apply to             [EPA–HQ–OPP–2015–0214; FRL–9933–35]                   requests for hearings must be received
                                             HCl CEMS other than those installed                                                                           on or before November 10, 2015, and
                                                                                                     Tetraethylene Glycol; Exemption From                  must be filed in accordance with the
                                             and certified under PS 15.
                                                                                                     the Requirement of a Tolerance                        instructions provided in 40 CFR part
                                             *       *    *      *      *                                                                                  178 (see also Unit I.C. of the
                                                                                                     AGENCY:  Environmental Protection
                                                (ii) * * *                                                                                                 SUPPLEMENTARY INFORMATION).
                                                                                                     Agency (EPA).
                                                (B) * * * Any HCl CEMS above span                    ACTION: Final rule.                                   ADDRESSES: The docket for this action,
                                             linearity challenge response exceeding                                                                        identified by docket identification (ID)
                                             +/¥20 percent of the certified value of                 SUMMARY:   This regulation establishes an             number EPA–HQ–OPP–2015–0214, is
                                             the reference gas requires that all above               exemption from the requirement of a                   available at http://www.regulations.gov
                                             span hourly averages during the week                    tolerance for residues of tetraethylene               or at the Office of Pesticide Programs
                                             following the above span linearity                      glycol (CAS Reg. No. 112–60–7) when                   Regulatory Public Docket (OPP Docket)
                                             challenge must be normalized using                      used as an inert ingredient (solvent) in              in the Environmental Protection Agency
                                             Equation 23.                                            pesticide formulations applied to                     Docket Center (EPA/DC), West William
                                             *       *    *      *      *                            growing crops. Exponent, Inc. on behalf               Jefferson Clinton Bldg., Rm. 3334, 1301
                                                                                                     of Drexel Chemical Company submitted                  Constitution Ave. NW., Washington, DC
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                                               Dated: September 2, 2015.
                                                                                                     a petition to EPA under the Federal                   20460–0001. The Public Reading Room
                                             Janet G. McCabe,                                        Food, Drug, and Cosmetic Act (FFDCA),                 is open from 8:30 a.m. to 4:30 p.m.,
                                             Acting Assistant Administrator, Office of Air           requesting establishment of an                        Monday through Friday, excluding legal
                                             and Radiation.                                          exemption from the requirement of a                   holidays. The telephone number for the
                                             [FR Doc. 2015–22945 Filed 9–9–15; 4:15 pm]              tolerance. This regulation eliminates the             Public Reading Room is (202) 566–1744,
                                                                                                                                                                                                         ER11SE15.008</GPH>




                                             BILLING CODE 6560–50–P                                  need to establish a maximum                           and the telephone number for the OPP


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Document Created: 2015-12-15 10:00:20
Document Modified: 2015-12-15 10:00:20
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; correcting amendments.
DatesEffective September 9, 2015.
ContactMs. Sharon Nizich, Sector Policies and Programs Division (D243-04), Office of Air Quality Planning and Standards, U.S. Environmental Protection Agency, Research Triangle Park, North Carolina 27711, telephone number: (919) 541-2825; facsimile
FR Citation80 FR 54728 
RIN Number2060-AQ93
CFR AssociatedEnvironmental Protection; Administrative Practice and Procedure; Air Pollution Control; Hazardous Substances; Intergovernmental Relations and Reporting and Recordkeeping Requirements

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