80_FR_64363 80 FR 64159 - Air Plan Approval; Minnesota and Michigan; Revision to Taconite Federal Implementation Plan

80 FR 64159 - Air Plan Approval; Minnesota and Michigan; Revision to Taconite Federal Implementation Plan

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 204 (October 22, 2015)

Page Range64159-64189
FR Document2015-25023

The Environmental Protection Agency (EPA) is proposing revisions to a Federal implementation plan (FIP) addressing the requirement for best available retrofit technology (BART) for taconite plants in Minnesota and Michigan. In response to petitions for reconsideration, we are proposing to revise the nitrogen oxides (NO<INF>X</INF>) limits for taconite furnaces at facilities owned and operated by Cliffs Natural Resources (Cliffs) and ArcelorMittal USA LLC (ArcelorMittal). We are also proposing to revise the sulfur dioxide (SO<INF>2</INF>) requirements at two of Cliffs' facilities. We are proposing these changes because new information has come to light that was not available when we originally promulgated the FIP on February 6, 2013.

Federal Register, Volume 80 Issue 204 (Thursday, October 22, 2015)
[Federal Register Volume 80, Number 204 (Thursday, October 22, 2015)]
[Proposed Rules]
[Pages 64159-64189]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-25023]



[[Page 64159]]

Vol. 80

Thursday,

No. 204

October 22, 2015

Part III





Environmental Protection Agency





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40 CFR Part 52





Air Plan Approval; Minnesota and Michigan; Revision to Taconite Federal 
Implementation Plan; Proposed Rule

Federal Register / Vol. 80 , No. 204 / Thursday, October 22, 2015 / 
Proposed Rules

[[Page 64160]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2015-0196; FRL-9934-15-Region 5]


Air Plan Approval; Minnesota and Michigan; Revision to Taconite 
Federal Implementation Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing 
revisions to a Federal implementation plan (FIP) addressing the 
requirement for best available retrofit technology (BART) for taconite 
plants in Minnesota and Michigan. In response to petitions for 
reconsideration, we are proposing to revise the nitrogen oxides 
(NOX) limits for taconite furnaces at facilities owned and 
operated by Cliffs Natural Resources (Cliffs) and ArcelorMittal USA LLC 
(ArcelorMittal). We are also proposing to revise the sulfur dioxide 
(SO2) requirements at two of Cliffs' facilities. We are 
proposing these changes because new information has come to light that 
was not available when we originally promulgated the FIP on February 6, 
2013.

DATES: Comments must be received on or before November 23, 2015.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2015-0196, by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. Email: aburano.douglas@epa.gov.
    3. Fax: (312) 408-2279.
    4. Mail: Douglas Aburano, Chief, Attainment Planning and 
Maintenance Section, Air Programs Branch (AR-18J), U.S. Environmental 
Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604.
    5. Hand Delivery: Douglas Aburano, Chief, Attainment Planning and 
Maintenance Section, Air Programs Branch (AR-18J), U.S. Environmental 
Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. 
Such deliveries are only accepted during the Regional Office normal 
hours of operation, and special arrangements should be made for 
deliveries of boxed information. The Regional Office official hours of 
business are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding 
Federal holidays.
    Instructions: Direct your comments to Docket ID Nos. EPA-R05-OAR-
2015-0196. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI or otherwise protected through www.regulations.gov or email. The 
www.regulations.gov Web site is an ``anonymous access'' system, which 
means EPA will not know your identity or contact information unless you 
provide it in the body of your comment. If you send an email comment 
directly to EPA without going through www.regulations.gov your email 
address will be automatically captured and included as part of the 
comment that is placed in the public docket and made available on the 
Internet. If you submit an electronic comment, EPA recommends that you 
include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses. For additional 
instructions on submitting comments, go to Section I of the 
SUPPLEMENTARY INFORMATION section of this document.
    Docket: All documents in the docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in www.regulations.gov or in hard copy at the Environmental Protection 
Agency, Region 5, Air and Radiation Division, 77 West Jackson 
Boulevard, Chicago, Illinois 60604. This facility is open from 8:30 
a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays. 
We recommend that you telephone Steven Rosenthal at (312) 886-6052 
before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Steven Rosenthal, Environmental 
Engineer, Attainment Planning & Maintenance Section, Air Programs 
Branch (AR-18J), U.S. Environmental Protection Agency, Region 5, 77 
West Jackson Boulevard, Chicago, Illinois 60604, (312) 886-6052, 
rosenthal.steven@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA. This notice is arranged as 
follows:

I. What should I consider as I prepare my comments for EPA?
II. What action is EPA taking?
III. Background
IV. Petitions for Reconsideration of 2013 Taconite FIP
V. EPA's Basis for Granting Reconsideration
VI. Basis for Proposed Revisions to 2013 Taconite FIP Requirements
VII. Statutory and Executive Order Reviews

I. What should I consider as i prepare my comments for EPA?

    When submitting comments, remember to:
    1. Identify the rulemaking by docket number and other identifying 
information (subject heading, Federal Register date, and page number).
    2. Follow directions--The EPA may ask you to respond to specific 
questions or organize comments by referencing a Code of Federal 
Regulations (CFR) part or section number.
    3. Explain why you agree or disagree; suggest alternatives and 
substitute language for your requested changes.
    4. Describe any assumptions and provide any technical information 
and/or data that you used.
    5. If you estimate potential costs or burdens, explain how you 
arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
    6. Provide specific examples to illustrate your concerns, and 
suggest alternatives.
    7. Explain your views as clearly as possible, avoiding the use of 
profanity or personal threats.
    8. Make sure to submit your comments by the comment period deadline 
identified.

II. What action is EPA taking?

    On February 6, 2013, EPA promulgated a FIP that included BART 
limits for certain taconite furnaces in Minnesota and Michigan (2013 
Taconite FIP; 78 FR 8706). EPA is proposing to revise the 2013 Taconite 
FIP with respect to the BART emission limitations and compliance 
schedules for the following taconite plants: United Taconite, Hibbing 
Taconite, Tilden Mining, and ArcelorMittal Minorca Mine. Cliffs is the 
owner and operator of the United Taconite and Tilden Mining facilities 
and part owner and operator of Hibbing Taconite. ArcelorMittal is the 
owner and operator of the Minorca Mine facility and a part owner of the 
Hibbing Taconite facility.

[[Page 64161]]

Specifically, EPA is proposing to revise the NOX limits and 
compliance schedules for these four facilities and is also proposing to 
revise the SO2 requirements for Tilden Mining and United 
Taconite.

III. Background

A. Requirements of the Clean Air Act and EPA's Regional Haze Rule

    In section 169A of the 1977 Amendments to the Clean Air Act (CAA), 
Congress created a program for protecting visibility in the nation's 
national parks and wilderness areas. This section of the CAA 
establishes as a national goal the ``prevention of any future, and the 
remedying of any existing, impairment of visibility in mandatory Class 
I Federal areas \1\ which impairment results from manmade air 
pollution.'' Congress added section 169B to the CAA in 1990 to address 
regional haze issues. EPA promulgated a rule to address regional haze 
on July 1, 1999. 64 FR 35714 (July 1, 1999), codified at 40 CFR part 
51, subpart P (herein after referred to as the ``Regional haze Rule''). 
The Regional Haze Rule revised the existing visibility regulations to 
add provisions addressing regional haze impairment and established a 
comprehensive visibility protection program for Class I areas. The 
requirements for regional haze, found at 40 CFR 51.308 and 51.309, are 
included in EPA's visibility protection regulations at 40 CFR 51.300-
309.
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    \1\ Areas designated as mandatory Class I Federal areas consist 
of national parks exceeding 6000 acres, wilderness areas and 
national memorial parks exceeding 5000 acres, and all international 
parks that were in existence on August 7, 1977. 42 U.S.C. 7472(a). 
In accordance with section 169A of the CAA, EPA, in consultation 
with the Department of Interior, promulgated a list of 156 areas 
where visibility is identified as an important value. 44 FR 69122 
(November 30, 1979). The extent of a mandatory Class I area includes 
subsequent changes in boundaries, such as park expansions. 42 U.S.C. 
7472(a). Although states and tribes may designate as Class I 
additional areas which 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.'' Each mandatory Class I Federal area is the 
responsibility of a ``Federal Land Manager.'' 42 U.S.C. 7602(i). 
When we use the term ``Class I area'' in this action, we mean a 
``mandatory Class I Federal area.''
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B. Best Available Retrofit Technology (BART)

    Section 169A of the CAA directs states, or EPA if developing a FIP, 
to evaluate the use of retrofit controls at certain larger, often 
uncontrolled, older stationary sources in order to address visibility 
impacts from these sources. Specifically, section 169A(b)(2)(A) of the 
CAA requires EPA to develop a FIP that contains such measures as may be 
necessary to make reasonable progress toward the natural visibility 
goal, including a requirement that certain categories of existing major 
stationary sources \2\ built between 1962 and 1977 procure, install, 
and operate the ``Best Available Retrofit Technology'' as determined by 
EPA. Under the Regional Haze Rule, states (or in the case of a FIP, 
EPA) are directed to conduct BART determinations for such ``BART-
eligible'' sources that may reasonably be anticipated to cause or 
contribute to any visibility impairment in a Class I area.
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    \2\ The set of ``major stationary sources'' potentially subject 
to BART is listed in CAA section 169A(g)(7), and includes ``taconite 
ore processing facilities.''
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    On July 6, 2005, EPA published the Guidelines for BART 
Determinations Under the Regional Haze Rule at appendix Y to 40 CFR 
part 51 (hereinafter referred to as the ``BART Guidelines'') to assist 
states and EPA in determining which sources should be subject to the 
BART requirements and in determining appropriate emission limits for 
each applicable source. 70 FR 39104.
    The process of establishing BART emission limitations follows three 
steps: First, identify those sources which meet the definition of 
``BART-eligible source'' set forth in 40 CFR 51.301; \3\ second, 
determine which of these sources ``emits any air pollutant which may 
reasonably be anticipated to cause or contribute to any impairment of 
visibility in any such area'' (a source which fits this description is 
``subject to BART''); and third, for each source subject to BART, 
identify the best available type and level of control for reducing 
emissions.
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    \3\ BART-eligible sources are those sources that have the 
potential to emit 250 tons or more of a visibility-impairing air 
pollutant, were not in operation prior to August 7, 1962, but were 
in existence on August 7, 1977, and whose operations fall within one 
or more of 26 specifically listed source categories. 40 CFR 51.301.
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    States, or EPA if developing a FIP, must address all visibility-
impairing pollutants emitted by a source in the BART determination 
process. The most significant visibility impairing pollutants are 
SO2, NOX, and particulate matter (PM).
    A state implementation plan (SIP) or FIP addressing regional haze 
must include source-specific BART emission limits and compliance 
schedules for each source subject to BART. Once a state or EPA has made 
a BART determination, the BART controls must be installed and operated 
as expeditiously as practicable, but no later than five years after the 
date of the final SIP or FIP. See CAA section 169A(g)(4) and 40 CFR 
51.308(e)(1)(iv). In addition to what is required by the Regional Haze 
Rule, general SIP requirements mandate that the SIP or FIP include all 
regulatory requirements related to monitoring, recordkeeping, and 
reporting for the BART controls on the source. See CAA section 110(a).

C. Regulatory and Legal History of the 2013 Taconite FIP

    On February 6, 2013, EPA promulgated a FIP (78 FR 8706) that 
included BART limits for taconite furnaces subject to BART in Minnesota 
and Michigan. EPA took this action because Minnesota and Michigan had 
failed to meet a statutory deadline to submit their Regional Haze SIPs 
and subsequently failed to require BART at the taconite facilities. 
Cliffs, ArcelorMittal, and the State of Michigan petitioned the Eighth 
Circuit Court of Appeals for review of the FIP, and, on May 17, 2013, 
Cliffs and ArcelorMittal filed a joint motion for stay of the final 
rule, which was granted by the Eighth Circuit on June 14, 2013, and is 
still in effect.
    EPA received petitions for reconsideration of the 2013 Taconite FIP 
from the National Mining Association on March 8, 2013, ArcelorMittal on 
March 22, 2013, the State of Michigan on April 1, 2013, Cliffs on April 
3, 2013, Congressman Richard M. Nolan on April 8, 2013, the State of 
Minnesota on April 8, 2013, and United States Steel Corporation (U.S. 
Steel) on November 26, 2013.
    In a related action, EPA published a final partial disapproval of 
the Michigan and Minnesota Regional Haze SIPs on September 30, 2013 (78 
FR 59825), for failure to require BART for SO2 and 
NOX emissions from taconite furnaces subject to BART. By 
petitions dated November 26, 2013, Cliffs and U.S. Steel petitioned EPA 
pursuant to section 307(d)(7)(B) of the CAA for reconsideration of 
EPA's partial disapproval of the Michigan and Minnesota Regional Haze 
SIPs. Further, Cliffs, ArcelorMittal, Michigan and U.S. Steel 
petitioned the Eight Circuit Court of Appeals for review of the final 
rule partially disapproving the Michigan and Minnesota Regional Haze 
SIPs.
    EPA subsequently reached a settlement agreement with Cliffs, 
ArcelorMittal, and Michigan regarding issues raised by these parties in 
their petitions for review and reconsideration. Notice of the 
settlement was published in the Federal Register on January 30, 2015 
(80 FR 5111), and the settlement agreement was fully executed on April 
9, 2015. Pursuant to the settlement agreement, EPA granted partial 
reconsideration of the 2013

[[Page 64162]]

Taconite FIP on July 2, 2015, based on new information raised in 
Cliffs, ArcelorMittal, and Michigan's petitions for reconsideration. 
EPA did not grant reconsideration of the 2013 SIP disapprovals because 
EPA continues to believe that BART for taconite plants involves 
significant reductions of NOX and SO2 emissions 
that were not required in the Michigan and Minnesota SIPs.

IV. Petitions for Reconsideration of 2013 Taconite FIP

A. Summary of Petitions for Reconsideration

    1. National Mining Association petitioned for reconsideration 
because EPA promulgated the 2013 FIP before finalizing its disapproval 
of the Michigan and Minnesota regional haze SIPs.
    2. Michigan Department of Environmental Quality (MDEQ) petitioned 
for reconsideration because, in its view: (1) There was no information 
available prior to the close of Michigan's public comment period on 
June 23, 2010, indicating that low NOX burners (LNBs) had 
been successfully utilized on indurating furnaces; (2) the FIP schedule 
for compliance did not provide sufficient time for the permitting 
process necessary for the installation of the LNBs; and (3) EPA had not 
followed proper procedure by finalizing the FIP for Tilden while at the 
same time asking for additional comment on the SIP disapproval for 
Tilden.
    3. Congressman Richard M. Nolan petitioned for reconsideration 
because, in his view: (1) New information came to his attention 
concerning the accuracy of EPA's visibility modeling; (2) the 
feasibility of LNB technology was not established at the time EPA 
intervened in the process; and (3) it was doubtful that LNBs could be 
successfully installed and operated in the 26 months called for in the 
FIP.
    4. Minnesota Pollution Control Agency (MPCA) petitioned for 
reconsideration of the compliance schedules in the FIP and asked for a 
10-month extension of the compliance deadlines for affected facilities 
with more than one affected process line to provide adequate time for 
MPCA to issue the required air quality permits.
    5. Cliffs petitioned for reconsideration because of perceived 
procedural defects in EPA's decision to issue the FIP rule while it was 
simultaneously evaluating Minnesota and Michigan's SIPs. Cliffs also 
raised technical issues based on new information not available at the 
time EPA promulgated the 2013 FIP. These technical issues included the 
following: (a) The FIP imposed a new 0.60% sulfur limit on coal 
combusted at United Taconite that was not proposed and was 
inappropriate because it would require the use of a new type of coal 
that the facility is not designed to handle, (b) the 2013 FIP restricts 
Tilden to combusting natural gas instead of coal, and (c) installation 
of LNBs will require a minimum of 34 months for the first straight-
grate furnace and a minimum of 39 months for the first grate kiln 
furnace, instead of the 26 months provided in the original 2013 FIP 
compliance schedule. Cliffs also provided additional evidence that, in 
its view, indicates that installation and operation of LNBs would be 
more costly and would require more time to install than EPA estimated, 
including (1) estimates by furnace engineers and burner manufacturers 
that LNB capital costs for Cliffs' furnaces will be a minimum of 4-5 
times higher than EPA's Minntac-based cost estimate,(2) estimates by 
Cliffs' furnace designer, Metso Minerals (Metso), and burner 
manufacturer, Fives North America (Fives), that there would be an 
energy penalty of 20-40% while operating the LNBs, and (3) an analysis 
by Metso indicating that Cliffs would lose approximately $195 million 
in production costs across its six lines because installing LNB cannot 
be accomplished within normal annual outage time and will also impair 
production during the shakedown period after installation.
    6. ArcelorMittal petitioned for reconsideration because of 
perceived procedural defects in EPA's decision to finalize the 2013 
Taconite FIP while still working to evaluate Minnesota's SIP. 
ArcelorMittal claimed that EPA can only issue a FIP after it has fully 
and properly evaluated the SIP, found it to be deficient, and provided 
a reasonable opportunity for the state to address EPA's concerns. 
ArcelorMittal also raised the following technical issues in the 
attachment to its petition for reconsideration: (1) The costs of LNBs, 
(2) the lack of any existing straight-grate furnaces with LNB 
technology and the resulting unwillingness of vendors to provide 
performance guarantees, (3) significant production losses because of 
the downtime resulting from installation and adjustment of LNBs at 
Hibbing, and (4) energy penalties due to the need for 25% more natural 
gas at Hibbing and 10% to 20% more natural gas at Minorca to operate 
the LNBs.
    7. U.S. Steel petitioned for reconsideration because it had 
obtained new information showing that variations in kiln configuration 
may have a substantial impact on the cost and performance of LNBs 
installed on grate-kiln furnaces. In its November 26, 2013 petition for 
reconsideration of the September 30, 2013 partial disapproval of the 
Michigan and Minnesota regional haze SIPs, Cliffs referenced U.S. 
Steel's petition for reconsideration in which it cited concerns related 
to the high costs and energy penalties associated with the installation 
of LNBs, as well as pellet quality issues.

B. Issues for Which EPA Has Granted Reconsideration

    EPA believes that the new information contained in the petitions 
for reconsideration, as well as other supporting information provided 
by Cliffs, represents significant new information that warrants 
reconsideration of many of the emission limits that EPA promulgated for 
the taconite facilities in 2013. As a result, on July 2, 2015, EPA sent 
letters to Cliffs, ArcelorMittal, and Michigan granting portions of 
their petitions for reconsideration. Specifically, EPA is granting 
reconsideration, pursuant to section 307(d)(7)(b) of the CAA, of the 
NOX and SO2 emission limits for the grate-kiln 
furnaces and the NOX emission limits for the straight-grate 
furnaces listed in the following table.

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               State                     Facility--owner             Unit(s)                 Pollutant(s)
----------------------------------------------------------------------------------------------------------------
Minnesota..........................  United Taconite--       Grate-Kiln Lines 1 and  NOX and SO2.
                                      Cliffs.                 2.
Minnesota..........................  Minora Mine--           Straight-Grate Line 1.  NOX.
                                      ArcelorMittal.
Minnesota..........................  Hibbing Taconite--      Straight-Grate Lines 1- NOX.
                                      Cliffs (operator and    3.
                                      part owner).
                                     ArcelorMittal (part
                                      owner).
                                     U.S. Steel (part
                                      owner).
Michigan...........................  Tilden Mining--Cliffs.  Grate-Kiln Line 1.....  NOX and SO2.
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[[Page 64163]]

    The U.S. taconite iron ore industry uses two types of pelletizing 
machines or processes: Straight-grate kilns and grate-kilns. In a 
straight-grate kiln, a continuous bed of agglomerated green pellets is 
carried through different temperature zones with upward draft or 
downward draft blown through the pellets on the metal grate. The grate-
kiln system consists of a traveling grate, a rotary kiln, and an 
annular cooler. A significant difference between these designs is that 
straight-grate kilns do not burn coal and therefore have a much lower 
potential for emitting SO2. Further, even within the same 
kiln type or process, individual (referred to as indurating or 
pelletizing) furnaces or processes have distinct equipment and process 
characteristics that may affect the compatibility and performance of 
certain types of burners. The differences between these kilns and 
processes form a key basis for the changes to the emissions limits 
proposed in this action.
    EPA is not reconsidering all elements of its 2013 FIP. The 2013 FIP 
contains SO2 and NOX limits for U.S. Steel's 
Minntac and Keetac taconite furnaces in Minnesota. EPA has not granted 
U.S. Steel's petition and is not proposing any revisions of the BART 
limits for these U.S. Steel facilities at this time. Also, EPA is not 
reconsidering the NOX limits at Cliffs' Northshore taconite 
plant because this facility is already complying with the 1.2 pounds 
per million Btu (lb/mmBtu) NOX limit in the 2013 FIP. 
Finally, EPA is not reconsidering the SO2 limits at the 
Hibbing, ArcelorMittal, or Northshore straight-grate furnaces.

V. EPA's Basis for Granting Reconsideration

    The 2013 Taconite FIP established BART NOX limits for 
all straight-grate and grate-kiln taconite furnaces. The limits are 1.2 
lbs NOX/MMBtu when burning natural gas and 1.5 lbs/MMBtu 
when burning a gas/coal mix. These limits were based upon the 
performance of high stoichiometric (high-stoich) LNBs \4\ at two of 
U.S. Steel Minntac's grate-kilns. As explained in more detail below, we 
granted reconsideration of the NOX limits for the United 
Taconite and Tilden grate-kilns, as well as for the Hibbing and 
ArcelorMittal straight-grate kilns, because information that became 
available after the close of the public comment period (September 28, 
2012) suggests that the installation of high-stoich LNBs at these 
furnaces could lead to serious technical hurdles. In addition, we 
granted reconsideration of the SO2 limits for the United 
Taconite and Tilden grate-kilns because of information that became 
available after the close of the public comment period regarding the 
inability of United Taconite to handle and burn very low sulfur coal 
and Tilden's intent to burn mixed fuels.
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    \4\ Stoichiometry refers to the relationship between the actual 
quantity of combustion air to the theoretical minimum quantity of 
air needed for 100 percent combustion of the fuel.
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    In determining whether to grant reconsideration of certain 
provisions of the 2013 Taconite FIP, the requirements of section 
307(d)(7)(B) of the CAA apply. Section 307(d)(7)(B) provides a two-step 
test to determine whether reconsideration should be granted. The 
petitioner must first show that it was impracticable to raise the 
comment or objection within the time period for public comment of the 
rule, or, that the grounds for the comment or objection arose after the 
period for public comment. Secondly, the petitioner must show that the 
comment or objection is of ``central relevance to the outcome of the 
rule.''
    Cliffs and ArcelorMittal provided significant new information in 
their petitions for reconsideration and supplemental submittals 
directly relevant to the outcome of the 2013 Taconite FIP. The 
following discussion details the new information upon which EPA is 
relying to base reconsideration of the BART emission limits and 
compliance schedules for these facilities, and how the information 
meets the criteria of section 307(d)(7)(B) of the CAA.

A. United Taconite

1. NOX Emission Limit
    EPA determined the NOX emission limits for BART in the 
2013 Taconite FIP primarily from data arising from the installation of 
high-stoich LNBs at U.S. Steel Minntac's furnaces 6 and 7. Although the 
United Taconite furnaces and the Minntac furnaces are all grate-kiln 
furnaces, Cliffs provided new information after the close of the 
comment period that described various differences between the furnaces. 
These differences included the structure of the kiln, the use of pre-
heaters, and the types of ore and pellets processed. Cliffs indicated 
that because of these differences, the installation of high-stoich LNBs 
at United Taconite would likely result in the impairment of pellet 
quality and production, as well as increased fuel usage and emissions. 
Cliffs subsequently provided modeling analyses that detailed the 
impacts arising from the installation of high-stoich LNBs at United 
Taconite.
    Cliffs submitted a declaration by Eric Wagner (of Metso) dated 
November 26, 2013, which describes the differences relevant to 
NOX emissions between US Steel's Minntac furnaces 6 and 7, 
upon which the 2013 Taconite FIP NOX limits were based, and 
Cliffs' grate-kiln furnaces at United Taconite. The declaration 
describes several differences that EPA believes are relevant to the 
development of BART NOX emission limits. For example, 
whereas United Taconite uses a single large kiln burner, Minntac 
furnaces 6 and 7 operate preheat burners, which supply about one-third 
of the heat input from fuel, in addition to a large kiln burner. The 
smaller preheat burners at Minntac achieve very low NOX 
rates (0.1-0.3 lbs/MMBtu) due to a more favorable NOX 
reduction combustion environment in the preheat zone as compared to the 
firing end of the kiln. Correspondingly, the lower NOX 
emissions from the preheaters result in a lower combined NOX 
emission rate than the emissions arising from a large single kiln LNB.
    Another example in the declaration notes that the ore processed at 
the facilities is different, resulting in different heat values. U.S. 
Steel's Minntac facility processes an ore high in magnetite that 
contributes heat to the kiln when oxidized. Correspondingly, by 
processing high magnetite ore at Minntac furnaces 6 and 7, U.S. Steel 
is able to effectively use ported kilns to maximize the benefit of the 
ore. Ported kilns allow the introduction of additional air directly to 
the kilns which helps oxidize the high magnetite ore, and changes the 
heat balance of the furnace. In contrast, United Taconite processes 
ores with a lower concentration of magnetite than the ore processed at 
Minntac, and correspondingly, cannot effectively use ported kilns. 
Because ported kilns change the heat balance of the furnace, U.S 
Steel's experience with high-stoich LNBs at the Minntac furnaces may 
not be directly applicable to the United Taconite furnaces.
    A final example from the declaration states that the application of 
high-stoich LNB technology at United Taconite would require additional 
air to reduce burner flame temperature, which would result in increased 
airflow through the grate drying section and increased pressure drop 
across the greenballs, which are the raw feed to the indurating 
furnace. This higher bed pressure would result in deformed pellets, 
reduced pellet quality, and lost production. Further, the increased air 
flow would also likely cause pellet breakage that would reduce 
production. The declaration notes that to avoid these

[[Page 64164]]

impacts, United Taconite likely would have to limit the dryer section 
air flow and drying rate by reducing the amount of recovered heat from 
the cooler. However, any unrecovered heat would have to be replaced 
with additional heat from the burner, with corresponding increased fuel 
usage and emissions.
    Subsequent to the submission of the declaration, Cliffs provided a 
modeling analysis that supported the information provided in the 
declaration. A report by Metso dated August 7, 2014, entitled 
``Technical Analysis for applying LNB technology to (United Taconite) 
UTAC Line 2 Grate-Kiln,'' provides a detailed analysis of expected 
impacts from using high-stoich LNBs on pellet quality, fuel usage, and 
emissions. Metso analyzed the effects of LNB technology on the United 
Taconite Line 2 Grate-Kiln by using simulation modeling in which Metso 
compared Line 2's normal operating conditions, which result in the 
production of quality pellets, with simulations performed using high-
stoich LNBs (which are the basis of the 2013 Taconite FIP limits). The 
report indicates that to maintain airflow, temperature, and pressures 
sufficient to minimize pellet quality issues would require a 
significant increase in fuel rates and corresponding emissions. 
Further, the use of high-stoich LNBs would result in decreased oxygen 
in the preheat zone gases from the kiln. The corresponding reduction in 
the oxidation heat on the grate would result in lower pellet 
temperatures at the point where the pellets leave the grate and enter 
the kiln. This would likely result in pellet breakage and a 
corresponding reduction in production.
    Finally, Cliffs provided additional information to EPA in a July 
28, 2014 meeting, which Cliffs summarized in an August 8, 2014 letter 
to EPA. The information provided included data comparing performance, 
costs, and fuel usage between high-stoich LNBs and low-stoich LNBs. 
Much of the information set forth in the August 8 letter is presented 
in section VI of this notice, pertaining to the NOX BART 
analysis. In general, the information pertains to advantages of the 
low-stoich LNBs over the high-stoich LNBs.
    The information provided by Cliffs in its petition for 
reconsideration and subsequent submittals arose from recent, time-
consuming research and analysis that could not have been completed and 
made available during the public comment period. Therefore, Cliffs has 
met the first requirement of the criteria for reconsideration set forth 
at section 307(d)(7)(B) of the CAA. Significantly, the information that 
Cliffs provided is of central relevance to the outcome of the 2013 
Taconite FIP. EPA extensively based its NOX BART analysis on 
the results arising from the installation of high-stoich LNBs at U.S. 
Steel's Minntac furnaces 6 and 7. Step one of a BART analysis requires 
the identification of all available retrofit control technologies. Step 
two of a BART analysis requires the elimination of technically 
infeasible control technologies. The new information provided by Cliffs 
directly bears on the evaluation of the selection and feasibility of 
high-stoich LNBs for use in the grate-kiln indurating furnaces at the 
United Taconite facility. On this basis, we granted reconsideration of 
the NOX determination for United Taconite (Lines 1 and 2) 
and for the corresponding emission limits and compliance schedule.
2. SO2 Emission Limit
    The 2013 Taconite FIP set a 0.60% sulfur limit on coal combusted at 
United Taconite. We promulgated this limit in response to a proposal by 
Cliffs to use low sulfur fuel at United Taconite to decrease baseline 
SO2 emissions. However, Cliffs did not have an opportunity 
to comment on the specific numeric stringency of the limit we 
promulgated. In other words, it was impracticable for Cliffs to comment 
on the final sulfur limit prior to the close of the public comment 
period.
    In its petition for reconsideration, Cliffs also presented new 
information directly pertaining to the criteria for determining BART 
limits. Cliffs stated that the United Taconite facility had been 
designed to handle and burn eastern bituminous coal, not the low 
sulfur, western subbituminous coals from the Powder River Basin (PRB) 
that Cliffs would be required to use to meet the 0.60% sulfur content 
limit. For example, PRB coal is more prone to explosion and fire and 
has a lower heat value than eastern bituminous coal. These differences, 
among others, would require Cliffs to expend significant costs to 
change operations, address safety issues, and increase the amount of 
coal required to be burned to meet furnace and pellet temperature 
requirements.
    The information that Cliffs presented pertains to the feasibility 
and costs of implementing the sulfur limit, which are criteria to be 
used in determining BART. Therefore, the information provided by Cliffs 
after the close of the comment period is of central relevance to the 
outcome of the 2013 Taconite FIP. On this basis, we granted 
reconsideration of the 0.60% sulfur limit on coal combusted at United 
Taconite.

B. Tilden

1. NOX Emission Limit
    EPA determined the NOX emission limits for BART in the 
2013 Taconite FIP primarily from data arising from the installation of 
high-stoich LNBs at U.S. Steel's Minntac furnaces 6 and 7. Although the 
Tilden furnace and the Minntac furnaces are all grate-kiln furnaces, 
Cliffs provided new information after the close of the comment period 
that described various differences between the furnaces. These 
differences included the structure of the kiln, the use of pre-heaters, 
and the ore and pellet types processed. Cliffs indicated that because 
of these differences, the installation of high-stoich LNBs at Tilden 
would likely result in the impairment of pellet quality and production, 
as well as increased fuel usage and emissions. Cliffs subsequently 
provided a modeling analysis that detailed the impacts arising from the 
installation of high-stoich LNBs at Tilden.
    Cliffs submitted a declaration by Eric Wagner (of Metso) dated 
November 26, 2013, which describes the differences relevant to 
NOX emissions between U.S. Steel's Minntac furnaces 6 and 7, 
upon which the 2013 Taconite FIP NOX limits were based, and 
Cliffs' grate-kiln furnaces at Tilden. The declaration describes 
several differences that EPA believes are relevant to the development 
of BART NOX emission limits. For example, whereas Tilden 
uses a single large kiln burner, Minntac furnaces 6 and 7 operate 
preheat burners, which supply about one third of the heat input from 
fuel, in addition to a large kiln burner. The smaller preheat burners 
at Minntac achieve very low NOX rates (0.1-0.3 lbs/MMBtu) 
due to a more favorable NOX reduction combustion environment 
in the preheat zone as compared to the firing end of the kiln. 
Correspondingly, the lower NOX emissions from the preheaters 
result in a lower combined NOX emission rate than the 
emissions arising from a large single kiln LNB.
    Another example in the declaration notes that the ore processed at 
the facilities is different, resulting in different heat values. U.S. 
Steel's Minntac facility processes an ore high in magnetite that 
contributes heat to the kiln when oxidized. Correspondingly, by 
processing high magnetite ore at Minntac furnaces 6 and 7, U.S. Steel 
is able to effectively use ported kilns to maximize the benefit of the 
ore. Ported kilns allow the introduction of additional air directly to 
the kilns, which helps oxidize the high magnetite ore and changes the 
heat balance of the

[[Page 64165]]

furnace. In contrast, Tilden primarily processes hematite, which is not 
a source of heat for kilns. Correspondingly, Tilden cannot effectively 
use ported kilns. Because ported kilns change the heat balance of the 
furnace, U.S. Steel's experience with high-stoich LNBs at the Minntac 
furnaces may not be directly applicable to the Tilden furnace.
    A final example from the declaration states that the application of 
high-stoich LNB technology at Tilden would require additional air to 
reduce burner flame temperature, which would result in increased 
airflow through the grate drying section and increased pressure drop 
across the greenballs. This higher bed pressure would result in 
deformed pellets and reduced pellet quality. Further, the increased air 
flow would also likely cause pellet breakage which would reduce 
production. The declaration notes that to likely avoid these impacts, 
Tilden would have to limit the dryer section air flow and drying rate 
by reducing the amount of recovered heat from the cooler. However, any 
unrecovered heat would have to be replaced with additional heat from 
the burner, with corresponding increased fuel usage and emissions.
    In addition to the submission of the November 26, 2013 declaration, 
Cliffs provided modeling and technical analyses that supported the 
comments made in the declaration. In reports prepared by Metso dated 
September 14, 2012, and January 13, 2015, Cliffs provided technical 
analyses for applying LNB technology to the Tilden Line 1 grate kiln 
through modeling simulations that compare current operations to 
operations using high-stoich LNBs. Current operating conditions at 
Tilden 1 were simulated using such factors as existing air flow 
studies, operating parameters, and feed mineralogy. This baseline model 
was then modified to simulate LNB operating conditions. The current 
operating parameters and anticipated high-stoich LNB operating 
conditions were then compared.
    High-stoich LNBs reduce NOX emissions by introducing 
comparatively large amounts of cooler ambient air through the main 
burner. Less NOX is produced at lower temperatures. The FIP 
NOX limits were established based upon high-stoich LNBs 
operating with air flow at 100 percent of stoichiometric through the 
primary burner. Tilden currently operates with primary combustion air 
at 15.5 percent of stoichiometric, and Metso estimated that primary 
combustion air at 100 to 110 percent of the stoichiometric rate is 
required to meet the 2013 Taconite FIP limits. Metso performed three 
simulations in which it maintained peak pellet temperature and final 
product temperature. The total air supplied to the cooler was adjusted 
as needed to maintain final product temperature across all three 
simulations. These simulations were intended to isolate the effects of 
various process parameters when applying high-stoich LNB technology to 
Tilden 1.
    The analysis indicated, among other things, that high-stoich LNB 
technology would alter the flame temperature profile, which may 
adversely affect pellet quality, and that the fuel usage rate would 
increase by approximately 25 to 35 percent. Further, higher 
temperatures and air flow rates through the grate would result in a 10 
to 20 percent increase in exhaust gas volumes.
    The Metso comparative analysis dated January 2015 applies current 
operating data to the high-stoich LNB design conditions, required for 
NOX reduction, provided by COEN Company (COEN), a burner 
manufacturer, in its Final Report for Tilden Line 1. The engineering 
simulations held key process parameters constant, including pellet 
production rate, greenball moisture, bentonite, and flux rate. The 
total air supplied to the cooler was adjusted as needed to maintain 
final product temperature across all simulations. Maintaining these 
parameters ensures that fuel changes are not due to altered processing 
requirements.
    The engineering simulations and comparisons reveal a number of 
significant operational and environmental impacts arising from the 
installation of a COEN high-stoich LNB. These impacts include a 
significant change to the use of primary and secondary cooling air, 
which will alter the cooling down cycle of pellets, create an imbalance 
between primary and secondary cooling, and likely affect pellet 
quality. The volume of secondary cooling air exiting the cooler vent 
stack is projected to increase between 415 and 360 percent. This may 
adversely affect the process and pellet quality and also increase dust 
loading. Further, the increase in unheated primary combustion air to 
the burner will require an increase in fuel to replace the heat not 
used from heated secondary combustion air. It is expected that this 
will result in an increase in the fuel rate from between 21 to 28 
percent. In addition, the high-stoich LNB will alter the flame 
temperature profile, which may affect pellet quality.
    The information provided by Cliffs in its petition for 
reconsideration and subsequent submittals arose from recent, time-
consuming research and analysis that could not have been completed and 
made available during the public comment period. Therefore, Cliffs has 
met the first requirement of the criteria for reconsideration set forth 
in section 307(d)(7)(B) of the CAA. Significantly, the information that 
Cliffs provided is of central relevance to the outcome of the 2013 
Taconite FIP. EPA extensively based its NOX BART analysis on 
the results arising from the installation of high-stoich LNBs at U.S. 
Steel's Minntac furnaces 6 and 7. Step one of a BART analysis requires 
the identification of all available retrofit control technologies. Step 
two of a BART analysis requires the elimination of technically 
infeasible control technologies. The new information provided by Cliffs 
directly bears on the selection and feasibility of high-stoich LNBs for 
use in the grate-kiln indurating furnace at the Tilden facility. On 
this basis, we granted reconsideration of the NOX 
determination for Tilden (grate-kiln line 1) and for the corresponding 
emission limits and compliance schedule.
2. SO2 Emission Limit
    The 2013 Taconite FIP required the Tilden grate-kiln Line 1 to burn 
100% natural gas. However, although mentioned in discussions with 
Cliffs, this requirement had not been proposed before the final rule. 
Therefore, it was impracticable for Cliffs to comment on the final BART 
requirement to burn solely natural gas.
    Cliffs more recent intent to burn mixed fuels at Tilden is new 
information that we did not consider in determining BART for Tilden. 
The burning of mixed fuels will significantly increase SO2 
emissions, resulting in Cliffs' inability to meet the BART limit. 
Therefore, the new information is of central relevance to the outcome 
of the 2013 Taconite FIP. On this basis, we granted reconsideration to 
the 2013 Taconite FIP requirement to burn only natural gas at the 
Tilden grate-kiln Line 1.

C. ArcelorMittal Minorca Mine and Hibbing Taconite: NOX 
Limit

    The 2013 Taconite FIP established NOX emission limits 
for both grate-kiln and straight-grate kiln taconite furnaces. The 
limits that EPA developed were based solely upon the performance of 
high-stoich LNBs installed at two of U.S. Steel Minntac's grate-kilns. 
However, as explained above, there are significant differences between 
straight-grate kiln and grate-kiln furnaces that must be considered in 
setting emissions limits.

[[Page 64166]]

    ArcelorMittal's Minorca taconite facility and the Hibbing taconite 
facility, which is jointly owned by Cliffs, ArcelorMittal, and U.S. 
Steel, operate straight-grate furnaces that are required to meet the 
1.2 lbs NOX/MMBT BART limit under the 2013 Taconite FIP. In 
the petitions for reconsideration submitted by ArcelorMittal and 
Cliffs, the petitioners provided new information directly bearing on 
the criteria used to establish BART NOX limits. Their 
comments reflected similar issues to those that Cliffs presented in its 
analysis of grate-kiln furnaces at the United Taconite and Tilden 
facilities, including cost, increased fuel usage, the potential impact 
on production, and the feasibility of meeting the BART NOX 
limit. Further, it is significant that at the time of promulgation of 
the 2013 Taconite FIP, no LNB had been installed on a straight grate 
furnace. Correspondingly, ArcelorMittal reported that none of the 
vendors it had contacted were willing to guarantee the successful 
installation or operation of a LNB on a straight-grate furnace.
    The information provided by ArcelorMittal and Cliffs in their 
petitions for reconsideration and subsequent submittals arose from 
recent, time-consuming research and analysis that was not and could not 
have been completed and made available during the public comment 
period. Therefore, they have met the first requirement of the criteria 
for reconsideration set forth at section 307(d)(7)(B) of the CAA. The 
new information provided by the petitioners directly addresses the 
costs and feasibility of LNB controls, which are criteria to be used in 
determining BART. The cost and feasibility of the LNB controls are of 
central relevance to the outcome of the 2013 Taconite FIP. On this 
basis, we granted reconsideration to the NOX BART limits for 
straight grate taconite furnaces at the ArcelorMittal Minorca facility 
and the Hibbing facility.

VI. Basis for Proposed Revisions to 2013 Taconite FIP Requirements

A. Revised BART Determinations

i. United Taconite and Tilden Grate-Kilns--Five Step BART Evaluation 
for NOX
(1) Step 1: Identify All Available Retrofit Control Technologies
    As discussed in the August 15, 2012 proposed FIP, the following 
control technologies were identified: external flue gas recirculation, 
low-NOX burners, induced flue gas recirculation burners, 
energy efficiency projects, ported kilns, and selective catalytic 
reduction (SCR). High-stoich and low-stoich low-NOX burners 
were subsequently considered separately.
(2) Step 2: Eliminate Technically Infeasible Options
    External flue gas recirculation and induced flue gas recirculation 
burners were eliminated from consideration since they are technically 
infeasible for the specific application to pellet furnaces due to the 
high oxygen content of the flue gas. Energy efficiency projects were 
eliminated due to the difficulty of assigning a general potential 
emission reduction for this category. EPA agrees that SCR controls are 
infeasible for indurating furnaces based on two SCR vendors declining 
to bid on NOX reduction testing at Minntac. The following 
three Metso reports provide detailed analyses of expected adverse 
impacts of using high-stoich LNBs, which are in use at U.S. Steel 
Minntac, on both pellet quality and increased fuel use: an August 7, 
2014, report entitled ``Technical Analysis for applying LNB technology 
to United Taconite Line 2 Grate-Kiln,'' a September 14, 2012 report 
titled ``Technical Analysis for Appling LNB Technology to Tilden 1 
Grate Kiln System,'' and a January 13, 2015 report titled ``Technical 
Analysis for Tilden Phase III Additional Simulations while Applying 
COEN LNB Technology.'' A summary of the results from these Metso 
reports is contained in an August 13, 2015 technical support document.
    A mass emission rate comparison between high-stoich and low-stoich 
LNB options was presented by Metso, during a July 28, 2014 meeting 
between EPA and Cliffs and summarized in a subsequent August 8, 2014 
letter to EPA. Metso's analysis compared the amount of NOX 
that would be generated when a furnace is retrofitted with a high-
stoich LNB and low-stoich staged combustion LNB options. This analysis 
demonstrated that although the lbs NOX/MMBtu may be lower 
from a high-stoich burner, the high-stoich LNB will require more fuel 
(and BTUs) and result in higher NOX emissions. A more 
detailed discussion of this analysis is contained in an August 13, 2015 
technical support document.
    The declaration by Eric Wagner (of Metso) dated November 26, 2013 
consists mainly of a description of differences relevant to 
NOX emissions between U.S. Steel's Minntac furnaces 6 and 7, 
upon which the 2013 Taconite FIP NOX limits were based, and 
Cliffs' grate-kiln furnaces at Tilden and United Taconite. The 
declaration noted these differences:

--Minntac furnaces 6 and 7 operate preheat burners, which supply about 
one third of the heat input from fuel, in addition to the large kiln 
burner. United Taconite and Tilden use a single kiln burner. These 
smaller preheat burners can achieve very low NOX rates (0.1-
0.3 lbs/MMBtu) due to a more favorable NOX reduction 
combustion environment in the preheat zone as compared to the firing 
end of the kiln. These lower NOX emissions produce a lower 
combined NOX rate than from the large kiln LNB.
--Minntac furnaces 6 and 7 process high magnetite ore that contributes 
heat to the kiln when oxidized. Tilden's ores are primarily hematite, 
which is not a source of heat for the kilns, and United Taconite 
processes ores with a lower concentration of magnetite than Minntac. 
Therefore, Tilden and United Taconite's furnaces must add more fuel to 
achieve final product requirements than Minntac. The associated energy 
penalties are predicted to remain 25-45 percent for Cliffs' grate-kiln 
furnaces even after energy efficiency improvements at United Taconite 
and Tilden.
--Minntac furnaces 6 and 7 use ported kilns to maximize the benefit of 
their high magnetite ore bodies. Ported kilns allow the introduction of 
additional air directly to the kilns where it helps to oxidize the high 
magnetite ore that Minntac processes. United Taconite and Tilden do not 
use ported kilns because porting will not produce significant benefits 
for the type of ore they process. Ported kilns significantly change the 
heat balance of the furnace, making it difficult to generalize from 
Minntac's experience.
--Minntac furnaces 6 and 7 are also unique because they produce high 
flux magnetite pellets. By contrast, United Taconite produces primarily 
standard (low flux) magnetite pellets, and Tilden produces high flux 
hematite pellets. Retrofitting a furnace with the Coen-type high-stoich 
LNB burner introduces more air, requires more fuel, and at different 
locations. As a result, the high-stoich LNB retrofit must be evaluated 
in the context of the unique furnace design for that specific pellet 
product from that specific ore type. The Minntac experience cannot 
therefore be generalized to other furnaces.
--The application of high-stoich LNB technology at Tilden and United 
Taconite would require additional air to reduce burner flame 
temperature, which would result in increased airflow through the grate 
drying

[[Page 64167]]

section and increased pressure drop across the greenballs. This higher 
bed pressure would result in deformed pellets and reduced pellet 
quality. The increased air flow would also cause pellet breakage 
leading to decreased production. In order to maintain pellet quality 
and production rate, the overall dryer section air flow and drying rate 
must be limited by reducing the amount of recovered heat from the 
cooler. This unrecovered heat must be replaced with additional burner 
fuel, further increasing fuel requirements.

    EPA agrees with the results of the Metso reports and declaration 
and have therefore determined that high-stoich LNBs are technically 
infeasible for the United Taconite and Tilden grate-kilns. Low-stoich 
grate-kilns remain technically feasible for grate-kilns.
(3) Step 3: Evaluate Control Effectiveness of Remaining Control 
Technologies
    Low-stoich burners, as designed by FCT Combustion (FCT), are 
expected to avoid the previously described drawbacks from high-stoich 
burners and can be designed to meet 2.8 lbs/MMBtu when burning natural 
gas and 1.5 lbs/MMBtu when burning a gas/coal mix. This technology is 
described in the ``FCT Combustion Cliffs UTAC Line 2 Phase 3 Modeling 
Report'' and August 8, 2014 letter from Douglas McWilliams. FCT 
supplies a LNB, called the FCT COMBUSTION Gyro-Therm MKII burner. This 
FCT low-stoich Gyro-Therm burner design achieves NOX 
reductions by reducing flame temperature by mixing fuel and air to 
simulate the effects of staged combustion for NOX reduction. 
This burner uses a special gas nozzle that injects the gas in a 
stirring type of motion. The fluid mechanics resulting from use of this 
nozzle create a dramatically different flame and NOX is 
greatly reduced through natural staging of the fuel-air mixing. This 
FCT low-stoich LNB would not require additional primary air, which 
would eliminate the air velocity and pressure contributions to pellet 
quality problems. FCT's proposed low-stoich burner also does not 
require substantial additional fuel because it is not introducing cool 
primary air that must be heated to sustain critical furnace 
temperatures.
    FCT performed CFD modeling at United Taconite in order to design a 
new burner that will reduce NOX, but maintain product 
quality, production and optimize fuel efficiency. The modeling for 
combusting solely natural gas indicated a reduction from a base case of 
5.3-6.4 lb NOX/MMBtu to 2.91 lbs NOX/MMBtu; the 
modeling for co-firing at 30 percent gas and 70 percent coal indicated 
a reduction from a base case of 1.6-5.4 (although the upper bound is 
generally closer to 2.8 lbs/MMBtu), with a typical baseline value of 
2.5 lbs/MMBtu, to 2.04 lbs NOX/MMBtu. The NOX 
reduction technology appropriate for United Taconite would also be 
appropriate for Tilden (and vice versa) because they have similar 
grate-kilns.
(4) Step 4: Evaluate Impacts of Remaining Control Technologies
    There will be an estimated total of 3000 tons per year of 
NOX reductions from the use of the low-stoich technology at 
Tilden and United Taconite. There are no significant costs or 
environmental impacts associated with this technology that would 
necessitate its elimination from consideration as BART.
(5) Step 5: Evaluate Visibility Impacts
    There is about a 16% overall decrease in the amount of 
NOX and SO2 reductions anticipated as a result of 
the control technologies (and resulting emission limits) required by 
this rulemaking, as compared to the 2013 FIP. EPA finds that the 
candidate BART technologies would be expected to achieve substantial 
visibility improvements, although slightly less than what would be 
achieved from the 2013 FIP by an amount roughly corresponding to the 
decrease in emission reductions.
(6) Propose BART
    In EPA's view, the CFD modeling that FCT has conducted provides the 
best currently available evidence as to the NOX emission 
levels that this technology will achieve. According to this modeling 
and engineering reports provided by (the burner manufacturer) Coen, a 
low-stoich burner can be designed to meet 2.8 lbs/MMBtu when burning 
natural gas and 1.5 lbs/MMBtu when burning a gas/coal mix. BART 
requires that the burners be designed to meet these limits and we 
expect that these limits will be met. However, because of the lack of 
experience with these low-stoich burners, including their impact on 
pellet quality, we are proposing to increase the final limits up to 3.0 
lbs/MMBtu when burning natural gas only, and up to 2.5 lbs/MMBtu when 
burning a gas/coal mix if a rigorous demonstration is made that the 2.8 
lbs/MMBtu and 1.5 lbs/MMBtu limits cannot be met.
ii. Hibbing Taconite and ArcelorMittal Minorca Mine Straight-Grate 
Kilns--Five Step BART Evaluation for NOX
(1) Step 1: Identify All Available Retrofit Control Technologies
    As discussed in the August 15, 2012 proposed FIP, the following 
control technologies were identified: external flue gas recirculation, 
low-NOX burners (including both high-stoich and low-stoich), 
induced flue gas recirculation burners, energy efficiency projects, 
ported kilns, and selective catalytic reduction (SCR). Water injection 
in the preheat zone, a pre-combustion approach at the main burners and 
steam injection to the fuel stream were subsequently considered 
technologies.
(2) Step 2: Eliminate Technically Infeasible Options
    External flue gas recirculation and induced flue gas recirculation 
burners were eliminated from consideration because they are technically 
infeasible for the specific application to pellet furnaces due to the 
high oxygen content of the flue gas. Energy efficiency projects were 
eliminated due to the difficulty of assigning a general potential 
emission reduction for this category. EPA agrees that SCR controls are 
infeasible for indurating furnaces based on two SCR vendors declining 
to bid on NOX reduction testing at Minntac.
    In addition, LNBs were eliminated from consideration due to the 
technical challenges associated with their installation and operation 
on the straight-grate kilns at Minorca Mine and Hibbing, which we 
explained in detail in section V above--especially the fact that high-
stoich burners have never been used on any straight-grate kilns. Low-
stoich burners have also been eliminated from consideration because 
they have never been used on straight-grate kilns and also because they 
would be expected to result in higher NOX emissions than the 
technologies being assessed by ArcelorMittal. As described in more 
detail below, water injection in the preheat zone, a pre-combustion 
approach at the main burners, and steam injection to the fuel stream 
are considered to be feasible technologies.
(3) Step 3: Evaluate Control Effectiveness of Remaining Control 
Technologies
    ArcelorMittal has retained engineering firms to assess 
NOX reduction technologies for Minorca's straight-grate 
indurating furnace. The results of this assessment are described in an 
August 11, 2014 report titled ``ArcelorMittal Straight-Grate 
NOX

[[Page 64168]]

Reduction Technology Development Efforts.'' Testing has revealed that 
NOX can be reduced using water injection in the preheat and 
the main burners, although it is significantly more effective at 
reducing NOX in the preheat burners than the main burners. 
Additional options for NOX reduction at straight grate 
furnaces are: pre-combustion optimizations, steam injection, and 
multiple point injection. The viability of these options will be based 
on NOX reduction potential, impacts to pellet quality and 
process, installation and operational downtime, and any energy penalty 
and capital and operating costs.
    Test results have raised the prospect of optimizing NOX 
reductions using both water injection in the preheat zone (where it 
appears more effective) and a pre-combustion approach at the main 
burners. This approach resulted in a 70% or greater reduction on a lbs/
MMBtu basis. Efforts have also been made to evaluate steam injection to 
the fuel stream, which has the potential to provide better mixing in 
the flame zone with increasing NOX reductions where 
distribution concerns exist. Another alternative to reduce 
NOX formation at the main combustion chambers is through a 
number of smaller ``surface spray'' injectors.
    In conclusion, combined modeling indicates that water injection in 
the preheat zone, a pre-combustion approach at the main burners and 
steam injection to the fuel stream technologies can reasonably be 
expected to achieve a 70% NOX reduction on a lbs/MMBtu 
basis. EPA expects these technologies to be equally effective at 
reducing NOX emissions at Hibbing as well as at Minorca 
Mine.
(4) Step 4: Evaluate Impacts of Remaining Control Technologies
    There will be a total estimated 7,400 tons per year of 
NOX reductions from water injection in the preheat zone, a 
pre-combustion approach at the main burners, and steam injection to the 
fuel stream at Minorca Mine and Hibbing. There are no significant costs 
or environmental impacts associated with these control technologies.
(5) Step 5: Evaluate Visibility Impacts
    There is about a 16% overall decrease in the amount of 
NOX and SO2 reductions anticipated as a result of 
the control technologies (and resulting emission limits) required by 
this rulemaking, as compared to the 2013 FIP. EPA finds that the 
candidate BART technologies would be expected to achieve substantial 
visibility improvements, although slightly less than what would be 
achieved from the 2013 FIP by an amount roughly corresponding to the 
decrease in emission reductions.
(6) Propose BART
    Based upon the engineering report prepared for ArcelorMittal in 
which the use of water and steam injection and pre-combustion 
technologies is described, EPA is confident that ArcelorMittal Minorca 
Mine and Hibbing Taconite can meet a limit of 1.2 lbs NOX/
MMBtu. BART requires that these technologies be designed to meet a 
limit of 1.2 lbs/MMBtu and we expect that these limits will be met. 
However, because the particular combination of water and steam 
injection and pre-combustion technologies being considered has not 
previously been used on straight-grate kilns, and there is some 
uncertainty with respect to their effect on pellet quality, we are 
proposing to increase the final limit up to 1.8 lbs/MMBtu if a rigorous 
demonstration is made that the 1.2 lbs/MMBtu limit cannot be met.
iii. United Taconite--Five Step BART Evaluation for SO2
(1) Step 1: Identify All Available Control Technologies
    Flue gas desulfurization (FGD) and use of low sulfur fuels are the 
most appropriate available technologies.
(2) Step 2: Eliminate Technically Infeasible Options
    FGD and use of low sulfur fuels are both technically feasible.
(3) Step 3: Evaluate Control Effectiveness of Remaining Control 
Technologies
    FGD can achieve 90 percent control and the reduction from the use 
of low sulfur fuels varies depending upon the fuel mix and the sulfur 
content of the fuel.
(4) Step 4: Evaluate Impacts of Remaining Control Technologies
    Dry FGD can achieve SO2 reductions of about 3600 tons 
per year from lines 1 and 2. Based upon information supplied by Cliffs 
in its response to comments on the proposed 2013 Taconite FIP, EPA 
subsequently determined the annualized dollars per ton for FGD controls 
to be $5,911/ton for Line 1 and $5,303/ton for Line 2. These cost-
effectiveness values were based upon prior baseline SO2 
emission levels. In light of the reduction in SO2 emissions 
that will result from the use of low-sulfur fuels at United Taconite, 
the cost effectiveness of additional controls has increased to $12,021 
per ton for Line 1 and $7,680 per ton for Line 2. Thus, EPA believes 
that the installation of such controls is not economically feasible.
    United Taconite subsequently proposed an alternate BART definition 
based on burning low sulfur fuels, including increased use of natural 
gas. This alternative will result in about 1,900 tons per year of 
SO2 reductions. There are no other significant impacts or 
costs associated with this alternative.
(5) Step 5: Evaluate Visibility Impacts
    There is about a 16% overall decrease in the amount of 
NOX and SO2 reductions anticipated as a result of 
the control technologies (and resulting emission limits) required by 
this rulemaking, as compared to the 2013 FIP. EPA finds that the 
candidate BART technologies would be expected to achieve substantial 
visibility improvements, although slightly less than what would be 
achieved from the 2013 FIP by an amount roughly corresponding to the 
decrease in emission reductions.
(6) Propose BART
    The proposed BART is based on burning low sulfur fuels, including 
increased use of natural gas, sufficient to meet a Federally 
enforceable aggregate emission limit of 529 lbs SO2/hr, 
based on a 30-day rolling average. This alternative will result in 
about 1900 tons per year of SO2 reductions. In addition to 
the emission limit proposed by Cliffs, to ensure the use of low-sulfur 
fuels and SO2 reductions resulting from the use of low-
sulfur fuels at United Taconite, EPA is also establishing a limitation 
on the coal to be used by requiring the coal have a sulfur content no 
greater than 1.50 percent sulfur by weight based on a monthly block 
average.
    The 529 lbs SO2/hour and 1.5 percent sulfur limit 
constitute BART because of the economic infeasibility of FGD controls 
and also because the facility is not designed to handle lower sulfur 
coal.
iv. Tilden--Five Step BART Evaluation for SO2
(1) Step 1: Identify All Available Control Technologies
    FGD and use of low sulfur fuels are the most appropriate available 
technologies.
(2) Step 2: Eliminate Technically Infeasible Options
    FGD and use of low sulfur fuels are both technically feasible.

[[Page 64169]]

(3) Step 3: Evaluate Control Effectiveness of Remaining Control 
Technologies
    FGD can achieve 90 percent control and the reduction from the use 
of low sulfur fuels varies depending upon the fuel mix and the sulfur 
content of the fuel.
(4) Step 4: Evaluate Impacts of Remaining Control Technologies
    Dry FGD can achieve SO2 reductions of about 1100 tons 
per year from Tilden's line 1. In its September 28, 2012 comments on 
the proposed 2013 Taconite FIP, Cliffs documented dry FGD costs of 
between $11,450 and $15,750 per ton of SO2 removed. These 
costs are not economically reasonable.
    The use of low sulfur fuels, consisting of the use of either 
natural gas or coal with no more than 0.6 percent sulfur, is expected 
to result in a reduction in SO2 emissions of about 300 tons 
per year from baseline conditions. There are no significant costs or 
energy impacts associated with use of these low sulfur fuels.
(5) Step 5: Evaluate Visibility Impacts
    There is about a 16% overall decrease in the amount of 
NOX and SO2 reductions anticipated as a result of 
the control technologies (and resulting emission limits) required by 
this rulemaking, as compared to the 2013 FIP. EPA finds that the 
candidate BART technologies would be expected to achieve substantial 
visibility improvements, although slightly less than what would be 
achieved from the 2013 FIP by an amount roughly corresponding to the 
decrease in emission reductions.
(6) Proposed BART
    BART for SO2 at Tilden's Grate Kiln Line 1 furnace is 
proposed to be met by the use of low sulfur coal and natural gas. 
Beginning six months after the effective date of the rule, any coal 
burned on Tilden Grate Kiln Line 1 shall have no more than 0.60 percent 
sulfur by weight based on a monthly block average. This furnace shall 
also meet an initial emission limit of 500 lbs SO2/hr based 
on a 30-day rolling average beginning six months after the effective 
date of the rule. The owner or operator must subsequently calculate a 
permanent lbs SO2/hr mass emission limit based on 12 
continuous months of CEMS emissions data.
    In light of the reduction in SO2 emissions that will 
result from the use of low-sulfur fuels at Tilden, it is expected that 
the dollars per ton of SO2 reduction through FGD would be 
even higher than previously estimated. Thus, EPA believes that the 
installation of such controls is no longer economically reasonable. The 
use of low sulfur fuels is therefore the most viable option and a 0.6 
percent sulfur content represents the use of very low sulfur coal. The 
initial mass limit of 500 lbs/hr is expected to be reduced after 
obtaining a year's worth of CEMS data.

B. Compliance Schedule

    The staggered NOX compliance schedule proposed in this 
action is generally consistent with the schedule in the February 6, 
2013 FIP, as to the number of months to achieve compliance from the 
effective date of the rule. The main differences are that under this 
proposed revised FIP, at Tilden, installation of controls is required 
after 50 months, not the 26 months in the 2013 Taconite FIP, and at 
ArcelorMittal Minorca Mine, installation of controls is required within 
44 months, not 26 months. The following summarizes the dates following 
the effective date of the final action on reconsideration by which EPA 
plans to publish notices making the NOX emission limits 
effective:

Tilden--60 months
Hibbing Line 1--37 months
Hibbing Line 2--55 months
Hibbing Line 3--60 months
United Taconite Line 2--55 months
United Taconite Line 1--37 months
ArcelorMittal--55 months

The staggered schedule is necessary because there is a limited downtime 
each year for each furnace during which the low NOX 
burner(s) can be installed without interfering with production, 
experience gained on the earlier installations can be applied to the 
ones installed later, and installation costs may be spread out.
    The staggered schedule, including additional time at Tilden and 
ArcelorMittal, is even more necessary for the proposed revisions to the 
2013 Taconite FIP because, although the NOX controls that 
are expected to be implemented as a result of the settlement agreement 
and this proposed action have been subject to extensive engineering 
studies, they have not been used on taconite furnaces in the US. There 
will also be an eight month period after installation of controls 
during which emission and pellet quality data will be evaluated and a 
subsequent three month period during which a final emission limit will 
be set by EPA based upon this data. The controls are being designed to 
meet the lower end of the range and it is expected that the limits will 
be set close to the lower end. The actual limit will be based upon the 
UPL statistical test.

C. Averaging Times

    The limits in the 2013 Taconite FIP were expressed in terms of a 
30-day average. A 30-day period in many cases would involve both 
operation with only natural gas and operation with at least some firing 
of coal. EPA prefers to require the companies to meet the limits with a 
coal/gas mix and with only natural gas independently, rather than 
imposing a variable limit computed as a composite of the limits with a 
gas/coal mix and with only natural gas weighted according to time in 
each operating mode. Therefore, EPA is proposing to require separate 
compliance with two limits. One of these limits would govern the 
emissions averaged over 720 successive hours in which the unit burns 
only natural gas. The other limit would govern emissions averaged over 
the 720 successive hours in which the unit burns a gas/coal mix. These 
720-hour rolling average would correspond to a 30-day rolling average, 
as used in the 2013 Taconite FIP, in cases when the fuel use remains 
either natural gas or a gas/coal mix over 30 days. However, a 720-hour 
rolling average ensures that the NOX emission rate will be 
properly compared with the appropriate fuel based limit.
    An example helps illustrate the nature of these limits. Suppose 
that a subject facility burns only natural gas on Days 1-12, burns a 
coal/gas mix on Days 13-16, burns gas again on Days 17-30, does not 
operate on Days 31 and 32, burns gas on Days 33-40, then burns a coal/
gas mix from Days 41-70. This example assumes 24 hours/day operation 
for each operating day. In this case, compliance with the natural gas-
based limit would be determined by dividing total NOX 
emissions by total heat input for the 720 hours on Days 1-12, Days 17-
30, and Days 33-36, as well as on each of the 96 additional sets of 720 
successive hours of burning natural gas up to and including the period 
ending at the end of Day 40. Compliance with the coal or gas/coal mixed 
fuel limit would be determined by dividing total NOX 
emissions by total heat input for the 720 hours on Days 13-16 and Days 
41-66, as well as on each of the 96 additional sets of 720 successive 
hours of burning coal or mixed fuel up to and including the period 
ending at the end of day 70.

D. Procedures for Promulgating Revised FIP Limits

    The regulatory text that follows specifies a process for 
establishing limits to which the identified facilities shall become 
subject. While the text identifies limits that are to apply, the

[[Page 64170]]

text also states that these limits shall become enforceable only after 
EPA publishes notice either confirming these limits or modifying the 
limits within a range that EPA is proposing here to establish. The 
regulatory text also specifies equations that are to be used to 
establish any adjusted limit. Stated more generally, this action is 
proposing not just a final action that will initiate a process to lead 
to establishment of emission limits; today's action is also proposing 
the criteria for determining the level of the ultimate limits and the 
procedure by which these limits are to be made enforceable.
    EPA is proposing for the publication of the final rule to trigger a 
number of subsequent requirements for implementing BART controls on the 
affected taconite plants. Specific dates, defined as a given number of 
months following the effective date of the final rule, are given for 
deadlines for commencing operation of CEMS for NOX and 
SO2, for submitting a report describing planned 
NOX emission controls, for installing the planned 
NOX emission controls, for reporting results of pellet 
quality analyses and simultaneous NOX emission data, for the 
source to submit any report recommending confirmation of modification 
of the emission limit, and for EPA to publish a notice either 
confirming the limit promulgated in 2016 or establishing an alternate 
limit (within a range proposed here). The following summarizes the 
dates following the effective date of the final action on 
reconsideration by which EPA plans to publish notices making the 
NOX emission limits effective:

Tilden--60 months
Hibbing Line 1--37 months
Hibbing Line 2--55 months
Hibbing Line 3--60 months
United Taconite Line 2--55 months
United Taconite Line 1--37 months
ArcelorMittal--55 months

    Based on the above schedule, EPA anticipates publishing a notice 37 
months (addressing 2 units), 55 months (addressing 3 units), and 60 
months (addressing 1 unit) after the effective date of the final rule 
on reconsideration. In each case, the rulemaking will cause a limit to 
become enforceable. EPA is proposing here that the limit will be either 
the limit that is promulgated in the final rule on reconsideration or a 
revised limit. In either case, EPA anticipates that the limit to which 
each unit will ultimately be subject will be in accordance with the 
equations being proposed here, within the upper and lower bounds 
promulgated in the final rule on reconsideration.
    EPA is proposing that these subsequent notices will constitute 
subsequent final actions to this proposal that require no further 
opportunity for public comment. Accordingly, today's notice of proposed 
rulemaking provides adequate information about the basis and timing of 
the final limits such that no further proposals will be necessary. EPA 
is taking this approach in order to expedite the establishment of 
final, enforceable limits for these facilities, within the context of a 
process that provides reasonable time to design and install emission 
controls, to obtain data for determining control effectiveness, and to 
minimize the time then needed to establish final, enforceable limits. 
Therefore, commenters should provide comments during the comment period 
for today's proposed rulemaking on any issues that might be anticipated 
to arise at any point in the process described in this notice, up to 
and including during the publication of final action as described above 
establishing confirmed or modified limits as fully enforceable.
    The following is an example, based on Hibbing Line 1, of the 
process for setting the final limit. The limits and schedules vary by 
line but the steps are the same for all:
    1. A presumptive limit of 1.2 lbs/MMBtu, based on a 30-day rolling 
average, is established.
    2. The owner or operator must install CEMS within 6 months of the 
effective date of the rule.
    3. After installation of the CEMS, CEMS data must be submitted to 
EPA no later than 30 days from the end of each calendar quarter until 
34 months from the effective date of the rule.
    4. Within 24 months of the effective date a final report must be 
submitted to EPA containing a detailed engineering analysis and 
modeling of the NOX reduction technology (which must be 
designed to meet 1.2 lbs/MMBtu) being installed.
    5. The NOX reduction control technology must be 
installed no later than 26 months after the effective date of the rule.
    6. Within the earlier of 6 months of the installation of the 
NOX reduction control technology or 26 months from the 
effective date of the rule the results of pellet quality analyses must 
be provided to EPA no later than 30 days from the end of each calendar 
quarter pellet quality analyses must be provided to EPA until 34 months 
from the effective date of the rule. For each pellet quality analysis 
factor, e.g. compression and reducibilty, the following must be 
provided: (a) The defined acceptable range for each factor as contained 
in Hibbing's ISO 9001 quality management system, and (b) pellet quality 
testing results that state the date and time when pellets were produced 
outside of the defined acceptable range for the indicated pellet 
quality factors.
    7. No later than 34 months after the effective date of the rule, a 
report may be submitted to EPA either confirming the 1.2 lbs/MMBtu 
presumptive limit or requesting a modification of the limit up to the 
upper end of the range (1.8 lbs/MMBtu in this case).
    8. The final limit will be based on the CEMS data from the eight 
month period from the end of month 26 to the end of month 34, excluding 
any time in which the pellet quality standards are not met. The final 
limit will be based upon the 95 percent upper predictive limit (UPL). 
The UPL is a statistical technique that examines an existing set of 
data points and predicts the chances (i.e., the probability) of future 
data points (in this case, emission rates). In general terms, the UPL 
is a value that is calculated from a data set that identifies the 
emission rate that a source is meeting and would be expected to meet a 
specified percent of the time that the source is operating. For 
example, the 95 percent UPL value is the emission level that the source 
would be predicted to be below during 95 out of 100 hourly intervals. 
The UPL is calculated using an equation based on the average and 
variance of a data set, the distribution of the data, and quantity of 
data points.
    9. EPA will take final agency action by publishing its final 
confirmation or modification of the NOX limit in the Federal 
Register no later than 37 months after the effective date of the rule.

VI. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    This proposed action is not a ``significant regulatory action'' 
under the terms of Executive Order 12866 (58 FR 51735, October 4, 1993) 
and is therefore not subject to review under Executive Orders 12866 and 
13563 (76 FR 3821, January 21, 2011). As discussed in detail in section 
VI. C below, the proposed FIP applies to only four sources. It is 
therefore not a rule of general applicability.

B. Paperwork Reduction Act

    This proposed action does not impose an information collection 
burden under the provisions of the Paperwork Reduction Act, 44 U.S.C. 
3501 et seq. Under the Paperwork Reduction Act, a ``collection of 
information'' is defined as a requirement for ``answers to . . .

[[Page 64171]]

identical reporting or recordkeeping requirements imposed on ten or 
more persons . . . .'' 44 U.S.C. 3502(3)(A). Because the proposed FIP 
applies to just six facilities, the Paperwork Reduction Act does not 
apply. See 5 CFR 1320(c).
    Burden means the total time, effort, or financial resources 
expended by persons to generate, maintain, retain, or disclose or 
provide information to or for a Federal agency. This includes the time 
needed to review instructions; develop, acquire, install, and utilize 
technology and systems for the purposes of collecting, validating, and 
verifying information, processing and maintaining information, and 
disclosing and providing information; adjust the existing ways to 
comply with any previously applicable instructions and requirements; 
train personnel to be able to respond to a collection of information; 
search data sources; complete and review the collection of information; 
and transmit or otherwise disclose the information.
    An agency may not conduct or sponsor, and a person is not required 
to respond to a collection of information unless it displays a 
currently valid Office of Management and Budget (OMB) control number. 
The OMB control numbers for our regulations in 40 CFR are listed in 40 
CFR part 9.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency 
to prepare a regulatory flexibility analysis of any rule subject to 
notice and comment rulemaking requirements under the Administrative 
Procedure Act or any other statute unless the agency certifies that the 
rule will not have a significant economic impact on a substantial 
number of small entities. Small entities include small businesses, 
small organizations, and small governmental jurisdictions.
    For purposes of assessing the impacts of today's proposed rule on 
small entities, small entity is defined as: (1) A small business as 
defined by the Small Business Administration's (SBA) regulations at 13 
CFR 121.201; (2) a small governmental jurisdiction that is a government 
of a city, county, town, school district or special district with a 
population of less than 50,000; and (3) a small organization that is 
any not-for-profit enterprise which is independently owned and operated 
and is not dominant in its field.
    After considering the economic impacts of this proposed action on 
small entities, I certify that this proposed action will not have a 
significant economic impact on a substantial number of small entities. 
EPA's proposal adds additional controls to certain sources. The 
Regional Haze FIP that EPA is proposing for purposes of the regional 
haze program consists of imposing Federal control requirements to meet 
the BART requirement for NOX and SO2 emissions on 
specific units at three sources in Minnesota and one in Michigan. The 
net result of the FIP action is that EPA is proposing emission controls 
on the indurating furnaces at four taconite facilities and none of 
these sources are owned by small entities, and therefore are not small 
entities.

D. Unfunded Mandates Reform Act (UMRA)

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public 
Law 104-4, establishes requirements for Federal agencies to assess the 
effects of their regulatory actions on State, local, and Tribal 
governments and the private sector. Under section 202 of UMRA, EPA 
generally must prepare a written statement, including a cost-benefit 
analysis, for proposed and final rules with ``Federal mandates'' that 
may result in expenditures to State, local, and Tribal governments, in 
the aggregate, or to the private sector, of $100 million or more 
(adjusted for inflation) in any one year. Before promulgating an EPA 
rule for which a written statement is needed, section 205 of UMRA 
generally requires EPA to identify and consider a reasonable number of 
regulatory alternatives and adopt the least costly, most cost-
effective, or least burdensome alternative that achieves the objectives 
of the rule. The provisions of section 205 of UMRA do not apply when 
they are inconsistent with applicable law. Moreover, section 205 of 
UMRA allows EPA to adopt an alternative other than the least costly, 
most cost-effective, or least burdensome alternative if the 
Administrator publishes with the final rule an explanation why that 
alternative was not adopted. Before EPA establishes any regulatory 
requirements that may significantly or uniquely affect small 
governments, including Tribal governments, it must have developed under 
section 203 of UMRA a small government agency plan. The plan must 
provide for notifying potentially affected small governments, enabling 
officials of affected small governments to have meaningful and timely 
input in the development of EPA regulatory proposals with significant 
Federal intergovernmental mandates, and informing, educating, and 
advising small governments on compliance with the regulatory 
requirements.
    Under Title II of UMRA, EPA has determined that this proposed rule 
does not contain a Federal mandate that may result in expenditures that 
exceed the inflation-adjusted UMRA threshold of $100 million by State, 
local, or Tribal governments or the private sector in any one year. In 
addition, this proposed rule does not contain a significant Federal 
intergovernmental mandate as described by section 203 of UMRA nor does 
it contain any regulatory requirements that might significantly or 
uniquely affect small governments.

E. Executive Order 13132: Federalism

    Federalism (64 FR 43255, August 10, 1999) revokes and replaces 
Executive Orders 12612 (Federalism) and 12875 (Enhancing the 
Intergovernmental Partnership). Executive Order 13132 requires EPA to 
develop an accountable process to ensure ``meaningful and timely input 
by State and local officials in the development of regulatory policies 
that have federalism implications.'' ``Policies that have federalism 
implications'' is defined in the Executive Order to include regulations 
that 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.'' Under Executive Order 13132, EPA may not issue a 
regulation that has federalism implications, that imposes substantial 
direct compliance costs, and that is not required by statute, unless 
the Federal government provides the funds necessary to pay the direct 
compliance costs incurred by State and local governments, or EPA 
consults with State and local officials early in the process of 
developing the proposed regulation. EPA also may not issue a regulation 
that has federalism implications and that preempts State law unless the 
Agency consults with State and local officials early in the process of 
developing the proposed regulation.
    This rule 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, as specified in Executive Order 13132, because it 
merely addresses the State not fully meeting its obligation to prohibit 
emissions from interfering with other states measures to protect 
visibility established in the CAA. Thus, Executive Order 13132 does not 
apply to this action. In the spirit of Executive Order 13132, and 
consistent with EPA policy to promote communications between EPA and 
State and local governments,

[[Page 64172]]

EPA specifically solicits comment on this proposed rule from State and 
local officials.

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

    Executive Order 13175, entitled Consultation and Coordination with 
Indian Tribal Governments (65 FR 67249, November 9, 2000), requires EPA 
to develop an accountable process to ensure ``meaningful and timely 
input by tribal officials in the development of regulatory policies 
that have tribal implications.'' This proposed rule does not have 
tribal implications, as specified in Executive Order 13175. It will not 
have substantial direct effects on tribal governments. Thus, Executive 
Order 13175 does not apply to this rule. However, EPA did discuss this 
action in a June 28 conference call with the Michigan and Minnesota 
Tribes.

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

    Executive Order 13045: Protection of Children from Environmental 
Health Risks and Safety Risks (62 FR 19885, April 23, 1997), applies to 
any rule that: (1) Is determined to be economically significant as 
defined under Executive Order 12866; and (2) concerns an environmental 
health or safety risk that we have reason to believe may have a 
disproportionate effect on children. EPA interprets EO 13045 as 
applying only to those regulatory actions that concern health or safety 
risks, such that the analysis required under section 5-501 of the EO 
has the potential to influence the regulation. This action is not 
subject to EO 13045 because it does not establish an environmental 
standard intended to mitigate health or safety risks. This proposed 
action addresses regional haze and visibility protection. Further, 
because this proposed amendment to the current regulation will require 
controls that will cost an amount equal to or less than the cost of 
controls required under the current regulation, it is not an 
economically significant regulatory action. However, to the extent this 
proposed rule will limit emissions of NOX, SO2, 
and PM, the rule will have a beneficial effect on children's health by 
reducing air pollution.

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

    This action is not subject to Executive Order 13211 (66 FR 28355 
(May 22, 2001)), because it is not a significant regulatory action 
under Executive Order 12866.

I. National Technology Transfer and Advancement Act

    Section 12 of the National Technology Transfer and Advancement Act 
(NTTAA) of 1995 requires Federal agencies to evaluate existing 
technical standards when developing a new regulation. To comply with 
NTTAA, EPA must consider and use ``voluntary consensus standards'' 
(VCS) if available and applicable when developing programs and policies 
unless doing so would be inconsistent with applicable law or otherwise 
impractical.
    VCS are inapplicable to this action because application of those 
requirements would be inconsistent with the CAA.

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

    Executive Order 12898 (59 FR 7629, February 16, 1994), establishes 
Federal executive policy on environmental justice. Its main provision 
directs Federal agencies, to the greatest extent practicable and 
permitted by law, to make environmental justice part of their mission 
by identifying and addressing, as appropriate, disproportionately high 
and adverse human health or environmental effects of their programs, 
policies, and activities on minority populations and low-income 
populations in the United States.
    We have determined that this proposed rule, if finalized, will not 
have disproportionately high and adverse human health or environmental 
effects on minority or low-income populations because it increases the 
level of environmental protection for all affected populations without 
having any disproportionately high and adverse human health or 
environmental effects on any population, including any minority or low-
income population.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Particulate 
matter, Reporting and recordkeeping requirements, Sulfur oxides, 
Volatile organic compounds.

    Dated: September 8, 2015.
Susan Hedman
Regional Administrator, Region 5.
    40 CFR part 52 is proposed to be 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.

0
2. Section 52.1183 is amended by revising paragraphs (k), (l), (m), and 
(n) and adding paragraph (o) to read as follows:


Sec.  52.1183  Visibility protection.

* * * * *
    (k) Tilden Mining Company, or any subsequent owner/operator of the 
Tilden Mining Company facility in Ishpeming, Michigan, shall meet the 
following requirements:
    (1) NOX Emission Limits.
    (i) An emission limit of 2.8 lbs NOX/MMBtu, based on a 
720-hour rolling average, shall apply to Tilden Grate Kiln Line 1 when 
burning natural gas, and an emission limit of 1.5 lbs NOX/
MMBtu, based on a 720-hour rolling average, shall apply to Tilden Grate 
Kiln Line 1 when burning coal or a mixture of coal and natural gas. 
These emission limits will become enforceable 60 months after 
[EFFECTIVE DATE OF FINAL RULE] and only after EPA's confirmation or 
modification of the emission limit in accordance with the procedures 
set forth below.
    (ii) Compliance with these emission limits shall be demonstrated 
with data collected by a continuous emissions monitoring system (CEMS) 
for NOX. The owner or operator must start collecting CEMS 
data for NOX upon [EFFECTIVE DATE OF FINAL RULE] and submit 
the data to EPA no later than 30 days from the end of each calendar 
quarter. Any remaining data through the end of the 57th month from 
[EFFECTIVE DATE OF FINAL RULE], that doesn't fall within a calendar 
quarter, must be submitted to EPA no later than 7 days from the end of 
the 57th month. Although CEMS data must continue to be collected, it 
does not need to be submitted to EPA starting 57 months after 
[EFFECTIVE DATE OF FINAL RULE].
    (iii) No later than 48 months from [EFFECTIVE DATE OF FINAL RULE], 
the owner or operator must submit to EPA a report, including any final 
report(s) completed by the selected NOX reduction technology 
supplier and furnace retrofit engineer, containing a detailed 
engineering analysis and modeling of the NOX reduction 
control technology being installed on Tilden Grate Kiln Line 1. This 
report must include a list of all variables that can reasonably be 
expected to have an impact on NOX emission control

[[Page 64173]]

technology performance, as well as a description of how these variables 
can be adjusted to reduce NOX emissions to meet the 
NOX design emission limit. This NOx reduction control 
technology must be designed to meet emission limits of 2.8 lbs 
NOX/MMBtu when burning natural gas and 1.5 lbs 
NOX/MMBtu when burning coal or a mixture of coal and natural 
gas.
    (iv) The NOX reduction control technology shall be 
installed on Tilden Grate Kiln Line 1 furnace no later than 50 months 
from the effective date of the rule.
    (v) Commencing on the earlier of:
    (A) Six months from the installation of the NOX 
reduction control technology; or
    (B) 50 months from [EFFECTIVE DATE OF FINAL RULE], the owner or 
operator must provide to EPA the results from pellet quality analyses. 
The owner or operator shall provide the results from pellet quality 
analyses no later than 30 days from the end of each calendar quarter up 
until 57 months after [EFFECTIVE DATE OF FINAL RULE]. Any remaining 
results through the end of the 57th month, that do not fall within a 
calendar quarter, must be submitted to EPA no later than seven days 
from the end of the 57th month. The pellet quality analyses shall 
include results for the following factors: Compression, reducibility, 
before tumble, after tumble, and low temperature disintegration. For 
each of the pellet quality analysis factors, the owner or operator must 
explain the pellet quality analysis factor, as well as the defined 
acceptable range for each factor using the applicable product quality 
standards based upon customers' pellet specifications that are 
contained in Tilden's ISO 9001 quality management system. The owner or 
operator shall provide pellet quality analysis testing results that 
state the date and time of the analysis and, in order to define the 
time period when pellets were produced outside of the defined 
acceptable range for the pellet quality factors listed, provide copies 
of the production logs that document the starting and ending times for 
such periods. The owner or operator shall provide an explanation of 
causes for pellet samples that fail to meet the acceptable range for 
any pellet quality analysis factor. Pellet quality information and data 
may be submitted to EPA as Confidential Business Information.
    (vi) No later than 57 months after [EFFECTIVE DATE OF FINAL RULE], 
the owner or operator may submit to EPA a report to either confirm or 
modify the NOX limits for Tilden Grate Kiln Line 1 within 
the upper and lower bounds described below. EPA will review the report 
and either confirm or modify the NOX limits. If the CEMS 
data collected during operating periods between months 50 and 57 that 
both meet pellet quality specifications and proper furnace/burner 
operation is normally distributed, the limit adjustment determination 
shall be based on the appropriate (depending upon whether data are 
statistically independent or dependent) 95% upper predictive limit 
(UPL) equations in paragraph (o) of this section. If the CEMS data 
collected during operating periods between months 50 and 57 that both 
meet pellet quality specifications and proper furnace/burner operation 
are not normally distributed, the limit adjustment determination shall 
be based on the non-parametric equation provided in paragraph (o) of 
this section. The data set for the determination shall exclude periods 
when pellet quality did not fall within the defined acceptable ranges 
of the pellet quality factors identified pursuant to paragraph 
(k)(1)(v) of this section and for any subsequent period when production 
had been reduced in response to pellet quality concerns consistent with 
Tilden's ISO 9001 operating standards. Any excluded period will 
commence at the time documented on the production log demonstrating 
pellet quality did not fall within the defined acceptable range, and 
shall end when pellet quality within the defined acceptable range has 
been re-established at planned production levels, which will presumed 
to be the level that existed immediately prior to the reduction in 
production due to pellet quality concerns. EPA may also exclude data 
where operations are inconsistent with the reported design parameters 
of the NOX reduction control technology that were installed.
    (vii) EPA will take final agency action by publishing its final 
confirmation or modification of the NOX limits in the 
Federal Register no later than 60 months after [EFFECTIVE DATE OF FINAL 
RULE]. The confirmed or modified NOX limit for Tilden Grate 
Kiln Line 1 when burning only natural gas may be no lower than 2.8 lbs 
NOX/MMBtu, based on a 720-hour rolling average, and may not 
exceed 3.0 lbs NOX/MMBtu, based on a 720-hour rolling 
average. The confirmed or modified NOX limit for Tilden 
Grate Kiln Line 1 when burning coal or a mixture of coal and natural 
gas may be no lower than 1.5 lbs NOX/MMBtu, based on a 720-
hour rolling average, and may not exceed 2.5 lbs NOX/MMBtu, 
based on a 720-hour rolling average.
    (viii) If the owner or operator submits a report proposing a single 
NOX limit for all fuels, EPA may approve the proposed 
NOX limit for all fuels based on a 30-day rolling average. 
The confirmed or modified limit will be established and enforceable 
within 60 months from [EFFECTIVE DATE OF FINAL RULE].
    (2) SO2 Emission Limits. A fuel sulfur content limit of no greater 
than 1.20 percent sulfur content by weight shall apply to fuel 
combusted in Process Boiler #1 (EUBOILER1) and Process Boiler #2 
(EUBOILER2) beginning three months from March 8, 2013. A fuel sulfur 
content limit of no greater than 1.50 percent sulfur content by weight 
shall apply to fuel combusted in the Line 1 Dryer (EUDRYER1) beginning 
3 months from March 8, 2013. The sampling and calculation methodology 
for determining the sulfur content of fuel must be described in the 
monitoring plan required at paragraph (n)(8)(x) of this section.
    (3) The owner or operator of the Tilden Grate Kiln Line 1 furnace 
shall meet an emission limit of 500 lbs SO2/hr based on a 
30-day rolling average beginning six months after [EFFECTIVE DATE OF 
FINAL RULE]. Compliance with these emission limits shall be 
demonstrated with data collected by a CEMS for SO2. The 
owner or operator must start collecting CEMS data for SO2 
beginning six months after [EFFECTIVE DATE OF FINAL RULE] and submit 
the data to EPA no later than 30 days from the end of each calendar 
quarter. The Tilden Grate Kiln Line 1 furnace shall not be limited to 
natural gas fuel. Beginning 6 months after [EFFECTIVE DATE OF FINAL 
RULE], any coal burned on Tilden Grate Kiln Line 1 shall have no more 
than 0.60 percent sulfur by weight based on a monthly block average. 
The sampling and calculation methodology for determining the sulfur 
content of coal must be described in the monitoring plan required for 
this furnace. The owner or operator must calculate an SO2 
limit based on twelve continuous months of CEMS emissions data and 
submit such limit, calculations, and CEMS data to EPA no later than 36 
months after [EFFECTIVE DATE OF FINAL RULE]. If the submitted CEMS 
SO2 hourly data is normally distributed, the SO2 
lbs/hr emission rate shall be based on the appropriate (depending upon 
whether data are statistically independent or dependent) 99% upper 
predictive limit (UPL) equation. If the submitted CEMS SO2 
hourly data is not normally distributed, the SO2 lbs/hr

[[Page 64174]]

emission rate shall be based on the non-parametric equation provided in 
paragraph (o) of this section. Compliance to the SO2 lbs/hr 
emission rate shall be determined on a 30-day rolling average basis. 
EPA will take final agency action by publishing a confirmation or 
modification of the SO2 limit in the Federal Register no 
later than 39 months after [EFFECTIVE DATE OF FINAL RULE]. EPA may 
adjust the 500 lbs/hr SO2 limit downward to reflect the 
calculated SO2 emission rate; however, EPA will not increase 
the SO2 limit above 500 lbs/hr.
    (4) Starting 26 months from [EFFECTIVE DATE OF FINAL RULE], records 
shall be kept for any day during which fuel oil is burned as fuel 
(either alone or blended with other fuels) in Grate Kiln Line 1. These 
records must include, at a minimum, the gallons of fuel oil burned per 
hour, the sulfur content of the fuel oil, and the SO2 
emissions in pounds per hour.
    (5) Starting 26 months from [EFFECTIVE DATE OF FINAL RULE], the 
SO2 limit for Grate Kiln Line 1 does not apply for any hour 
in which it is documented that there is a natural gas curtailment, 
beyond Cliffs' control, necessitating that the supply of natural gas to 
Tilden's Line 1 indurating furnace is restricted or eliminated. Records 
must be kept of the cause of the curtailment and duration of such 
curtailment. During such curtailment, the use of backup coal is 
restricted to coal with no greater than 0.60 percent sulfur by weight.
    (l) Testing and Monitoring (1) The owner or operator shall install, 
certify, calibrate, maintain and operate a CEMS for NOX on 
Tilden Grate Kiln Line 1. Compliance with the emission limits for 
NOX shall be determined using data from the CEMS.
    (2) The owner or operator shall install, certify, calibrate, 
maintain and operate a CEMS for SO2 on Tilden Grate Kiln 
Line 1. Compliance with the emission standard selected for 
SO2 shall be determined using data from the CEMS.
    (3) The owner or operator shall install, certify, calibrate, 
maintain and operate one or more continuous diluent monitor(s) 
(O2 or CO2) and continuous flow rate monitor(s) 
on Tilden Grate Kiln Line 1 to allow conversion of the NOX 
and SO2 concentrations to units of the standard (lbs/MMBtu 
and lbs/hr, respectively) unless a demonstration is made that a diluent 
monitor and continuous flow rate monitor are not needed for the owner 
or operator to demonstrate compliance with applicable emission limits 
in units of the standards.
    (4) For purposes of this section, all CEMS required by this 
regulation must meet the requirements of paragraphs (l)(4)(i) through 
(xiv) of this section.
    (i) All CEMS must be installed, certified, calibrated, maintained, 
and operated in accordance with 40 CFR part 60, appendix B, Performance 
Specification 2 (PS-2) and appendix F, Procedure 1.
    (ii) All CEMS associated with monitoring NOX (including 
the NOX monitor and necessary diluent and flow rate 
monitors) must be installed and operational upon [EFFECTIVE DATE OF 
FINAL RULE]. All CEMS associated with monitoring SO2 must be 
installed and operational no later than six months after [EFFECTIVE 
DATE OF FINAL RULE]. Verification of the CEMS operational status shall, 
as a minimum, include completion of the manufacturer's written 
requirements or recommendations for installation, operation, and 
calibration of the devices.
    (iii) The owner or operator must conduct a performance evaluation 
of each CEMS in accordance with 40 CFR part 60, appendix B, PS-2. The 
performance evaluations must be completed no later than 60 days after 
the respective CEMS installation.
    (iv) The owner or operator of each CEMS must conduct periodic 
Quality Assurance, Quality Control (QA/QC) checks of each CEMS in 
accordance with 40 CFR part 60, appendix F, Procedure 1. The first CEMS 
accuracy test will be a relative accuracy test audit (RATA) and must be 
completed no later than 60 days after the respective CEMS installation.
    (v) The owner or operator of each CEMS must furnish the Regional 
Administrator two, or upon request, more copies of a written report of 
the results of each performance evaluation and QA/QC check within 60 
days of completion.
    (vi) The owner or operator of each CEMS must check, record, and 
quantify the zero and span calibration drifts at least once daily 
(every 24 hours) in accordance with 40 CFR part 60, appendix F, 
Procedure 1, Section 4.
    (vii) Except for CEMS breakdowns, repairs, calibration checks, and 
zero and span adjustments, all CEMS required by this section shall be 
in continuous operation during all periods of process operation of the 
indurating furnaces, including periods of process unit startup, 
shutdown, and malfunction.
    (viii) All CEMS required by this section must meet the minimum data 
requirements at paragraphs (l)(4)(viii)(A) through (C) of this section.
    (A) Complete a minimum of one cycle of operation (sampling, 
analyzing, and data recording) for each successive 15-minute quadrant 
of an hour.
    (B) Sample, analyze and record emissions data for all periods of 
process operation except as described in paragraph (l)(4)(viii)(C) of 
this section.
    (C) When emission data from CEMS are not available due to 
continuous monitoring system breakdowns, repairs, calibration checks, 
or zero and span adjustments, emission data must be obtained using 
other monitoring systems or emission estimation methods approved by the 
EPA. The other monitoring systems or emission estimation methods to be 
used must be incorporated into the monitoring plan required by this 
section and provide information such that emissions data are available 
for a minimum of 18 hours in each 24-hour period and at least 22 out of 
30 successive unit operating days.
    (ix) Owners or operators of each CEMS required by this section must 
reduce all data to 1-hour averages. Hourly averages shall be computed 
using all valid data obtained within the hour but no less than one data 
point in each fifteen-minute quadrant of an hour. Notwithstanding this 
requirement, an hourly average may be computed from at least two data 
points separated by a minimum of 15 minutes (where the unit operates 
for more than one quadrant in an hour) if data are unavailable as a 
result of performance of calibration, quality assurance, preventive 
maintenance activities, or backups of data from data acquisition and 
handling systems, and recertification events.
    (x) The 30-day rolling average emission rate determined from data 
derived from the CEMS required by this section (in lbs/MMBtu or lbs/hr 
depending on the emission standard selected) must be calculated in 
accordance with paragraphs (l)(4)(x)(A) through (F) of this section.
    (A) Sum the total pounds of the pollutant in question emitted from 
the Unit during an operating day and the previous 29 operating days.
    (B) Sum the total heat input to the unit (in MMBtu) or the total 
actual hours of operation (in hours) during an operating day and the 
previous 29 operating days.
    (C) Divide the total number of pounds of the pollutant in question 
emitted during the 30 operating days by the total heat input (or actual 
hours of operation depending on the emission limit selected) during the 
30 operating days.
    (D) For purposes of this calculation, an operating day is any day 
during which fuel is combusted in the BART affected Unit regardless of 
whether

[[Page 64175]]

pellets are produced. Actual hours of operation are the total hours a 
unit is firing fuel regardless of whether a complete 24-hour 
operational cycle occurs (i.e. if the furnace is firing fuel for only 
five hours during a 24-hour period, then the actual operating hours for 
that day are five. Similarly, total number of pounds of the pollutant 
in question for that day is determined only from the CEMS data for the 
five hours during which fuel is combusted.)
    (E) If the owner or operator of the CEMS required by this section 
uses an alternative method to determine 30-day rolling averages, that 
method must be described in detail in the monitoring plan required by 
this section. The alternative method will only be applicable if the 
final monitoring plan and the alternative method are approved by EPA.
    (F) A new 30-day rolling average emission rate must be calculated 
for the period ending each new operating day.
    (xi) The 720-hour rolling average emission rate determined from 
data derived from the CEMS required by this section (in lbs/MMBtu) must 
be calculated in accordance with paragraphs (l)(4)(xi)(A) through (C) 
of this section.
    (A) Sum the total pounds of NOX emitted from the unit 
every hour and the previous (not necessarily consecutive) 719 hours for 
which that type of fuel (either natural gas or mixed coal and natural 
gas) was used.
    (B) Sum the total heat input to the unit (in MMBtu) every hour and 
the previous (not necessarily consecutive) 719 hours for which that 
type of fuel (either natural gas or mixed coal and natural gas) was 
used.
    (C) Divide the total number of pounds of NOX emitted 
during the 720 hours, as defined above, by the total heat input during 
the same 720 hour period. This calculation must be done separately for 
each fuel type (either for natural gas or mixed coal and natural gas).
    (xii) Data substitution must not be used for purposes of 
determining compliance under this regulation.
    (xiii) All CEMS data shall be reduced and reported in units of the 
applicable standard.
    (xiv) A Quality Control Program must be developed and implemented 
for all CEMS required by this section in accordance with 40 CFR part 
60, appendix F, Procedure 1, Section 3. The program will include, at a 
minimum, written procedures and operations for calibration checks, 
calibration drift adjustments, preventative maintenance, data 
collection, recording and reporting, accuracy audits/procedures, 
periodic performance evaluations, and a corrective action program for 
malfunctioning CEMS.
    (m) Recordkeeping Requirements. (1)(i) Records required by this 
section must be kept in a form suitable and readily available for 
expeditious review.
    (ii) Records required by this section must be kept for a minimum of 
5 years following the date of creation.
    (iii) Records must be kept on site for at least 2 years following 
the date of creation and may be kept offsite, but readily accessible, 
for the remaining 3 years.
    (2) The owner or operator of the BART affected unit must maintain 
the records identified in paragraphs (m)(2)(i) through (xi) of this 
section.
    (i) A copy of each notification and report developed for and 
submitted to comply with this section including all documentation 
supporting any initial notification or notification of compliance 
status submitted, according to the requirements of this section.
    (ii) Records of the occurrence and duration of each startup, 
shutdown, and malfunction of the BART affected unit, air pollution 
control equipment, and CEMS required by this section.
    (iii) Records of activities taken during each startup, shutdown, 
and malfunction of the BART affected unit, air pollution control 
equipment, and CEMS required by this section.
    (iv) Records of the occurrence and duration of all major 
maintenance conducted on the BART affected unit, air pollution control 
equipment, and CEMS required by this section.
    (v) Records of each excess emission report, including all 
documentation supporting the reports, dates and times when excess 
emissions occurred, investigations into the causes of excess emissions, 
actions taken to minimize or eliminate the excess emissions, and 
preventative measures to avoid the cause of excess emissions from 
occurring again.
    (vi) Records of all CEMS data including, as a minimum, the date, 
location, and time of sampling or measurement, parameters sampled or 
measured, and results.
    (vii) All records associated with quality assurance and quality 
control activities on each CEMS as well as other records required by 40 
CFR part 60, appendix F, Procedure 1 including, but not limited to, the 
quality control program, audit results, and reports submitted as 
required by this section.
    (viii) Records of the NOX emissions during all periods 
of BART affected unit operation, including startup, shutdown and 
malfunction, in the units of the standard. The owner or operator shall 
convert the monitored data into the appropriate unit of the emission 
limitation using appropriate conversion factors and F-factors. F-
factors used for purposes of this section shall be documented in the 
monitoring plan and developed in accordance with 40 CFR part 60, 
appendix A, Method 19. The owner or operator may use an alternate 
method to calculate the NOX emissions upon written approval 
from EPA.
    (ix) Records of the SO2 emissions or records of the 
removal efficiency (based on CEMS data), depending on the emission 
standard selected, during all periods of operation, including periods 
of startup, shutdown and malfunction, in the units of the standard.
    (x) Records associated with the CEMS unit including type of CEMS, 
CEMS model number, CEMS serial number, and initial certification of 
each CEMS conducted in accordance with 40 CFR part 60, appendix B, 
Performance Specification 2 must be kept for the life of the CEMS unit.
    (xi) Records of all periods of fuel oil usage as required in 
paragraph (k)(4) of this section.
    (n) Reporting requirements.
    (1) All requests, reports, submittals, notifications, and other 
communications to the Regional Administrator required by this section 
shall be submitted, unless instructed otherwise, to the Air and 
Radiation Division, U.S. Environmental Protection Agency, Region 5 (A-
18J) at 77 West Jackson Boulevard, Chicago, Illinois 60604. References 
in this section to the Regional Administrator shall mean the EPA 
Regional Administrator for Region 5.
    (2) The owner or operator of each BART affected unit identified in 
this section and CEMS required by this section must provide to the 
Regional Administrator the written notifications, reports and plans 
identified at (n)(2)(i) through (viii) of this section. If acceptable 
to both the Regional Administrator and the owner or operator of each 
BART affected unit identified in this section and CEMS required by this 
section the owner or operator may provide electronic notifications, 
reports and plans.
    (i) A notification of the date construction of control devices and 
installation of burners required by this section commences postmarked 
no later than 30 days after the commencement date.
    (ii) A notification of the date the installation of each CEMS 
required by this section commences postmarked no later than 30 days 
after the commencement date.
    (iii) A notification of the date the construction of control 
devices and

[[Page 64176]]

installation of burners required by this section is complete postmarked 
no later than 30 days after the completion date.
    (iv) A notification of the date the installation of each CEMS 
required by this section is complete postmarked no later than 30 days 
after the completion date.
    (v) A notification of the startup date for control devices and 
burners installed as a result of this section postmarked no later than 
30 days after the startup date.
    (vi) A notification of the startup date for CEMS required by this 
section postmarked no later than 30 days after the startup date.
    (vii) A notification of the date upon which the initial CEMS 
performance evaluations are planned. This notification must be 
submitted at least 60 days before the performance evaluation is 
scheduled to begin.
    (viii) A notification of initial compliance, signed by the 
responsible official who shall certify its accuracy, attesting to 
whether the source has complied with the requirements of this section, 
including, but not limited to, applicable emission standards, control 
device and burner installations, CEMS installation and certification. 
This notification must be submitted before the close of business on the 
60th calendar day following the completion of the compliance 
demonstration and must include, at a minimum, the information in 
paragraphs (n)(2)(viii) (A) through (F) of this section.
    (A) The methods used to determine compliance.
    (B) The results of any CEMS performance evaluations, and other 
monitoring procedures or methods that were conducted.
    (C) The methods that will be used for determining continuing 
compliance, including a description of monitoring and reporting 
requirements and test methods.
    (D) The type and quantity of air pollutants emitted by the source, 
reported in units of the standard.
    (E) A description of the air pollution control equipment and 
burners installed as required by this section, for each emission point.
    (F) A statement by the owner or operator as to whether the source 
has complied with the relevant standards and other requirements.
    (3) The owner or operator must develop and implement a written 
startup, shutdown, and malfunction plan for NOX and 
SO2. The plan must include, at a minimum, procedures for 
operating and maintaining the source during periods of startup, 
shutdown, and malfunction; and a program of corrective action for a 
malfunctioning process and air pollution control and monitoring 
equipment used to comply with the relevant standard. The plan must 
ensure that, at all times, the owner or operator operates and maintains 
each affected source, including associated air pollution control and 
monitoring equipment, in a manner which satisfies the general duty to 
minimize or eliminate emissions using good air pollution control 
practices. The plan must ensure that owners or operators are prepared 
to correct malfunctions as soon as practicable after their occurrence.
    (4) The written reports of the results of each performance 
evaluation and QA/QC check in accordance with and as required in 
paragraph (l)(4)(v) of this section.
    (5) Compliance Reports. The owner or operator of each BART affected 
unit must submit semiannual compliance reports. The semiannual 
compliance reports must be submitted in accordance with paragraphs 
(n)(5)(i) through (iv) of this section, unless the Regional 
Administrator has approved a different schedule.
    (i) The first compliance report must cover the period beginning on 
the compliance date that is specified for the affected source through 
June 30 or December 31, whichever date comes first after the compliance 
date that is specified for the affected source.
    (ii) The first compliance report must be postmarked no later than 
30 calendar days after the reporting period covered by that report 
(July 30 or January 30), whichever comes first.
    (iii) Each subsequent compliance report must cover the semiannual 
reporting period from January 1 through June 30 or the semiannual 
reporting period from July 1 through December 31.
    (iv) Each subsequent compliance report must be postmarked no later 
than 30 calendar days after the reporting period covered by that report 
(July 30 or January 30).
    (6) Compliance report contents. Each compliance report must include 
the information in paragraphs (6)(i) through (vi) of this section.
    (i) Company name and address.
    (ii) Statement by a responsible official, with the official's name, 
title, and signature, certifying the truth, accuracy, and completeness 
of the content of the report.
    (iii) Date of report and beginning and ending dates of the 
reporting period.
    (iv) Identification of the process unit, control devices, and CEMS 
covered by the compliance report.
    (v) A record of each period of a startup, shutdown, or malfunction 
during the reporting period and a description of the actions the owner 
or operator took to minimize or eliminate emissions arising as a result 
of the startup, shutdown or malfunction and whether those actions were 
or were not consistent with the source's startup, shutdown, and 
malfunction plan.
    (vi) A statement identifying whether there were or were not any 
deviations from the requirements of this section during the reporting 
period. If there were deviations from the requirements of this section 
during the reporting period, then the compliance report must describe 
in detail the deviations which occurred, the causes of the deviations, 
actions taken to address the deviations, and procedures put in place to 
avoid such deviations in the future. If there were no deviations from 
the requirements of this section during the reporting period, then the 
compliance report must include a statement that there were no 
deviations. For purposes of this section, deviations include, but are 
not limited to, emissions in excess of applicable emission standards 
established by this section, failure to continuously operate an air 
pollution control device in accordance with operating requirements 
designed to assure compliance with emission standards, failure to 
continuously operate CEMS required by this section, and failure to 
maintain records or submit reports required by this section.
    (7) Each owner or operator of a CEMS required by this section must 
submit quarterly excess emissions and monitoring system performance 
reports to the Regional Administrator for each pollutant monitored for 
each BART affected unit monitored. All reports must be postmarked by 
the 30th day following the end of each three-month period of a calendar 
year (January-March, April-June, July-September, October-December) and 
must include, at a minimum, the requirements of paragraphs (n)(7)(i)-
(xv) of this section.
    (i) Company name and address.
    (ii) Identification and description of the process unit being 
monitored.
    (iii) The dates covered by the reporting period.
    (iv) Total source operating hours for the reporting period.
    (v) Monitor manufacturer, monitor model number and monitor serial 
number.
    (vi) Pollutant monitored.
    (vii) Emission limitation for the monitored pollutant.
    (viii) Date of latest CEMS certification or audit.
    (ix) A description of any changes in continuous monitoring systems,

[[Page 64177]]

processes, or controls since the last reporting period.
    (x) A table summarizing the total duration of excess emissions, as 
defined in paragraphs (n)(7)(x)(A) through (B) of this section, for the 
reporting period broken down by the cause of those excess emissions 
(startup/shutdown, control equipment problems, process problems, other 
known causes, unknown causes), and the total percent of excess 
emissions (for all causes) for the reporting period calculated as 
described in paragraphs (n)(7)(x)(C) of this section.
    (A) For purposes of section, an excess emission is defined as any 
30-day or 720-hour rolling average period, including periods of 
startup, shutdown and malfunction, during which the 30-day or 720-hour 
(as appropriate) rolling average emissions of either regulated 
pollutant (SO2 and NOX), as measured by a CEMS, 
exceeds the applicable emission standards in this section.
    (B)(1) For purposes of this section, if a facility calculates a 30-
day rolling average emission rate in accordance with this section which 
exceeds the applicable emission standards of this section then it will 
be considered 30 days of excess emissions. If the following 30-day 
rolling average emission rate is calculated and found to exceed the 
applicable emission standards of this section as well, then it will add 
one more day to the total days of excess emissions (i.e. 31 days). 
Similarly, if an excess emission is calculated for a 30-day rolling 
average period and no additional excess emissions are calculated until 
15 days after the first, then that new excess emission will add 15 days 
to the total days of excess emissions (i.e. 30 + 15 = 45). For purposes 
of this section, if an excess emission is calculated for any period of 
time within a reporting period, there will be no fewer than 30 days of 
excess emissions but there should be no more than 121 days of excess 
emissions for a reporting period.
    (2) For purposes of this section, if a facility calculates a 720-
hour rolling average emission rate in accordance with this section 
which exceeds the applicable emission standards of this section, then 
it will be considered 30 days of excess emissions. If the 24th 
following 720-hour rolling average emission rate is calculated and 
found to exceed the applicable emission standards of the rule as well, 
then it will add one more day to the total days of excess emissions 
(i.e. 31 days). Similarly, if an excess emission is calculated for a 
720-hour rolling average period and no additional excess emissions are 
calculated until 360 hours after the first, then that new excess 
emission will add 15 days to the total days of excess emissions (i.e. 
30 + 15 = 45). For purposes of this section, if an excess emission is 
calculated for any period of time with a reporting period, there will 
be no fewer than 30 days of excess emissions but there should be no 
more than 121 days of excess emissions for a reporting period.
    (C) For purposes of this section, the total percent of excess 
emissions will be determined by summing all periods of excess emissions 
(in days) for the reporting period, dividing that number by the total 
BART affected unit operating days for the reporting period, and then 
multiplying by 100 to get the total percent of excess emissions for the 
reporting period. An operating day, as defined previously, is any day 
during which fuel is fired in the BART affected unit for any period of 
time. Because of the possible overlap of 30-day rolling average excess 
emissions across quarters, there are some situations where the total 
percent of excess emissions could exceed 100 percent. This extreme 
situation would only result from serious excess emissions problems 
where excess emissions occur for nearly every day during a reporting 
period.
    (xi) A table summarizing the total duration of monitor downtime, as 
defined at (n)(7)(xi)(A) of this section, for the reporting period 
broken down by the cause of the monitor downtime (monitor equipment 
malfunctions, non-monitor equipment malfunctions, quality assurance 
calibration, other known causes, unknown causes), and the total percent 
of monitor downtime (for all causes) for the reporting period 
calculated as described in paragraph (n)(7)(xi)(B) of this section.
    (A) For purposes of this section, monitor downtime is defined as 
any period of time (in hours) during which the required monitoring 
system was not measuring emissions from the BART affected unit. This 
includes any period of CEMS QA/QC, daily zero and span checks, and 
similar activities.
    (B) For purposes of this section, the total percent of monitor 
downtime will be determined by summing all periods of monitor downtime 
(in hours) for the reporting period, dividing that number by the total 
number of BART affected unit operating hours for the reporting period, 
and then multiplying by 100 to get the total percent of excess 
emissions for the reporting period.
    (xii) A table which identifies each period of excess emissions for 
the reporting period and includes, at a minimum, the information in 
paragraphs (n)(7)(xii)(A) through (F) of this section.
    (A) The date of each excess emission.
    (B) The beginning and end time of each excess emission.
    (C) The pollutant for which an excess emission occurred.
    (D) The magnitude of the excess emission.
    (E) The cause of the excess emission.
    (F) The corrective action taken or preventative measures adopted to 
minimize or eliminate the excess emissions and prevent such excess 
emission from occurring again.
    (xiii) A table which identifies each period of monitor downtime for 
the reporting period and includes, at a minimum, the information in 
paragraph (n)(7)(xiii)(A) through (D) of this section.
    (A) The date of each period of monitor downtime.
    (B) The beginning and end time of each period of monitor downtime.
    (C) The cause of the period of monitor downtime.
    (D) The corrective action taken or preventative measures adopted 
for system repairs or adjustments to minimize or eliminate monitor 
downtime and prevent such downtime from occurring again.
    (xiv) If there were no periods of excess emissions during the 
reporting period, then the excess emission report must include a 
statement which says there were no periods of excess emissions during 
this reporting period.
    (xv) If there were no periods of monitor downtime, except for daily 
zero and span checks, during the reporting period, then the excess 
emission report must include a statement which says there were no 
periods of monitor downtime during this reporting period except for the 
daily zero and span checks.
    (8) The owner or operator of each CEMS required by this section 
must develop and submit for review and approval by the Regional 
Administrator a site specific monitoring plan. The purpose of this 
monitoring plan is to establish procedures and practices which will be 
implemented by the owner or operator in its effort to comply with the 
monitoring, recordkeeping and reporting requirements of this section. 
The monitoring plan must include, at a minimum, the information in 
paragraphs (n)(8)(i)-(x) of this section.
    (i) Site specific information including the company name, address, 
and contact information.
    (ii) The objectives of the monitoring program implemented and 
information describing how those objectives will be met.

[[Page 64178]]

    (iii) Information on any emission factors used in conjunction with 
the CEMS required by this section to calculate emission rates and a 
description of how those emission factors were determined.
    (iv) A description of methods to be used to calculate emission 
rates when CEMS data is not available due to downtime associated with 
QA/QC events.
    (v) A description of the QA/QC program to be implemented by the 
owner or operator of CEMS required by this section. This can be the QA/
QC program developed in accordance with 40 CFR part 60, appendix F, 
Procedure 1, Section 3.
    (vi) A list of spare parts for CEMS maintained on site for system 
maintenance and repairs.
    (vii) A description of the procedures to be used to calculate 30-
day rolling averages and 720-hour rolling averages and example 
calculations which shows the algorithms used by the CEMS to calculate 
30-day rolling averages and 720-hour rolling averages.
    (viii) A sample of the document to be used for the quarterly excess 
emission reports required by this section.
    (ix) A description of the procedures to be implemented to 
investigate root causes of excess emissions and monitor downtime and 
the proposed corrective actions to address potential root causes of 
excess emissions and monitor downtime.
    (x) A description of the sampling and calculation methodology for 
determining the percent sulfur by weight as a monthly block average for 
coal used during that month.
    (o) Equations for Establishing the Upper Predictive Limit
    (1) Equation for Normal Distribution and Statistically Independent 
Data
[GRAPHIC] [TIFF OMITTED] TP22OC15.001

Where:
x = average or mean of test run data;
 t[(n-1),(0.95)] = t score, the one-tailed t value of the 
Student's t distribution for a specific degree of freedom (n-1) and 
a confidence level (0.95; 0.99 for Tilden SO2)
s\2\ = variance of the dataset;
n = number of values
m = number of values used to calculate the test average (m = 720 as 
per averaging time)

    (2)(i) To determine if statistically independent, use the Rank von 
Neumann Test on p. 137 of data Quality Assessment: Statistical Methods 
for Practitioners EPA QA/G-9S.
    (ii) Alternative to Rank von Neumann test to determine if data are 
dependent, data are dependent if t test value is greater than t 
critical value, where:
[GRAPHIC] [TIFF OMITTED] TP22OC15.002

[rho] = correlation between data points
t critical = t[(n-2),(0.95)] = t score, the 
two-tailed t value of the Student's t distribution for a specific 
degree of freedom (n-2) and a confidence level (0.95)

    (3) If data are dependent then use the following equation.
    Equation for Normal Distribution and Data not Statistically 
Independent
[GRAPHIC] [TIFF OMITTED] TP22OC15.003

Where:
[rho] = correlation between data points

    (4) Non-parametric Equations for Data Not Normally Distributed

m = (n + 1) * [alpha]
m = the rank of the ordered data point, when data is sorted smallest 
to largest
n = number of data points
[alpha] = 0.95, to reflect the 95th percentile

    If m is a whole number, then the limit, UPL, shall be computed as:

UPL = Xm

Where:
Xm = value of the mth data point in terms of lbs SO2/hr 
or lbs NOX/MMBtu, when the data is sorted smallest to 
largest.

    If m is not a whole number, the limit shall be computed by linear 
interpolation according to the following equation.

UPL = xm = xmi.md = xmi + 0.md (xmi + 1 - xmi)

Where:
mi = the integer portion of m, i.e., m truncated at zero decimal 
places, and
md = the decimal portion of m

0
3. Section 52.1235 is proposed to be amended by revising paragraphs 
(b)(1)(ii), (b)(1)(iv), (b)(1)(v),(b)(2)(iv), (c), (d), and (e) and by 
adding paragraph (f) to read as follows:


Sec.  52.1235  Regional haze.

    (a) [Reserved]
    (b)(1) NOX emission limits.
    (i) * * *
    (ii) Hibbing Taconite Company.
    (A) Hibbing Line 1.
    (1) An emission limit of 1.2 lbs NOX/MMBtu, based on a 
30-day rolling average, shall apply to Hibbing Line 1 when burning 
natural gas. This emission limit will become enforceable 37 months 
after [EFFECTIVE DATE OF FINAL RULE] and only after EPA's confirmation 
or modification of the emission limit in accordance with the procedures 
set forth below.
    (2) Compliance with this emission limit will be demonstrated with 
data collected by a continuous emissions monitoring system (CEMS) for 
NOX. The owner or operator of Hibbing Line 1 must install a 
CEMS for NOX and SO2 within six months from the 
effective date of the rule. The owner or operator must start collecting 
CEMS data and submit the data to EPA no later than 30 days from the end 
of each calendar quarter after that installation deadline. Any 
remaining data through the end of the 34th month from [EFFECTIVE DATE 
OF FINAL RULE], that doesn't fall within a calendar quarter, must be

[[Page 64179]]

submitted to EPA no later than seven days from the end of the 34th 
month. Although CEMS data must continue to be collected, it does not 
need to be submitted to EPA starting 34 months after the effective date 
of the rule.
    (3) No later than 24 months after [EFFECTIVE DATE OF FINAL RULE] 
the owner or operator must submit to EPA a report, including any final 
report(s) completed by the selected NOX reduction technology 
supplier and furnace retrofit engineer, containing a detailed 
engineering analysis and modeling of the NOX reduction 
control technology being installed on Hibbing Line 1. The 
NOX reduction control technology must be designed to meet an 
emission limit of 1.2 lbs NOX/MMBtu. This report must 
include a list of all process and control technology variables that can 
reasonably be expected to have an impact on NOX emissions 
control technology performance, as well as a description of how these 
variables can be adjusted to reduce NOX emissions to meet 
the NOX design emission limit.
    (4) The NOX reduction control technology shall be 
installed on Hibbing Line 1 furnace no later than 26 months after 
[EFFECTIVE DATE OF FINAL RULE].
    (5) Commencing on the earlier of:
    (i) Six months from the installation of the NOX 
reduction control technology; or
    (ii) 26 months from [EFFECTIVE DATE OF FINAL RULE], the owner or 
operator must provide to EPA the results from pellet quality analyses. 
The owner or operator shall provide the results from pellet quality 
analyses no later than 30 days from the end of each calendar quarter up 
until 34 months after [EFFECTIVE DATE OF FINAL RULE]. Any remaining 
results through the end of the 34th month from [EFFECTIVE DATE OF FINAL 
RULE], that do not fall within a calendar quarter, must be submitted to 
EPA no later than seven days from the end of the 34th month. The pellet 
quality analyses shall include results for the following factors: 
Compression, reducibility, before tumble, after tumble, low temperature 
disintegration, and swelling. For each of the pellet quality analysis 
factors, the owner or operator must explain the pellet quality analysis 
factor, as well as the defined acceptable range for each factor using 
the applicable product quality standards based upon customers' pellet 
specifications that are contained in Hibbing's ISO 9001 quality 
management system. The owner or operator shall provide pellet quality 
analysis testing results that state the date and time of the analysis 
and, in order to define the time period when pellets were produced 
outside of the defined acceptable range for the pellet quality factors 
listed, provide copies of the production logs that document the 
starting and ending times for such periods. The owner or operator shall 
provide an explanation of causes for pellet samples that fail to meet 
the acceptable range for any pellet quality analysis factor. Pellet 
quality information and data may be submitted to EPA as Confidential 
Business Information.
    (6) No later than 34 months after [EFFECTIVE DATE OF FINAL RULE], 
the owner or operator may submit to EPA a report to either confirm or 
modify the NOX limits for Hibbing Line 1 furnace within the 
upper and lower bounds described below. EPA will review the report and 
either confirm or modify the NOX limits. If the CEMS data 
collected during operating periods between months 26 and 34 that both 
meet pellet quality specifications and proper furnace/burner operation 
is normally distributed, the limit adjustment determination shall be 
based on the appropriate (depending upon whether data are statistically 
independent or dependent) 95% upper predictive limit (UPL) equations in 
paragraph (f) of this section. If the CEMS data collected during 
operating periods between months 26 and 34 that both meet pellet 
quality specifications and proper furnace/burner operation are not 
normally distributed, the limit adjustment determination shall be based 
on the non-parametric equation provided in paragraph (f) of this 
section. The data set for the determination shall exclude periods when 
pellet quality did not fall within the defined acceptable ranges of the 
pellet quality factors identified pursuant to paragraph (b)(1)(ii)(E) 
of this section and for any subsequent period when production has been 
reduced in response to pellet quality concerns consistent with 
Hibbing's ISO 9001 operating standards. Any excluded period will 
commence at the time documented on the production log demonstrating 
that pellet quality did not fall within the defined acceptable range 
and shall end when pellet quality within the defined acceptable range 
has been re-established at planned production levels, which will be 
presumed to be the level that existed immediately prior to the 
reduction in production due to pellet quality concerns. EPA may also 
exclude data where operations are inconsistent with the reported design 
parameters of the NOX reduction control technology 
installed.
    (7) EPA will take final agency action by publishing its final 
confirmation or modification of the NOX limit in the Federal 
Register no later than 37 months after [EFFECTIVE DATE OF FINAL RULE]. 
The confirmed or modified NOX limit for Hibbing Line 1 when 
burning only natural gas may be no lower than 1.2 lbs NOX/
MMBtu, based on a 30-day rolling average, and may not exceed 1.8 lbs 
NOX/MMBtu, based on a 30-day rolling average.
    (B) Hibbing Line 2.
    (1) An emission limit of 1.2 lbs NOX/MMBtu, based on a 
30-day rolling average, shall apply to Hibbing Line 2 when burning 
natural gas. This emission limit will become enforceable 55 months 
after [EFFECTIVE DATE OF FINAL RULE] and only after EPA's confirmation 
or modification of the emission limit in accordance with the procedures 
set forth below.
    (2) Compliance with this emission limit will be demonstrated with 
data collected by a continuous emissions monitoring system (CEMS) for 
NOX. The owner or operator of Hibbing Line 2 must install a 
CEMS for NOX and SO2 within six months from 
[EFFECTIVE DATE OF FINAL RULE]. The owner or operator must start 
collecting CEMS data and submit the data to EPA no later than 30 days 
from the end of each calendar quarter after that installation deadline. 
Any remaining data through the end of the 52nd month from [EFFECTIVE 
DATE OF FINAL RULE], that doesn't fall within a calendar quarter, must 
be submitted to EPA no later than seven days from the end of the 52nd 
month. Although CEMS data must continue to be collected, it does not 
need to be submitted to EPA starting 52 months after [EFFECTIVE DATE OF 
FINAL RULE].
    (3) No later than 42 months after [EFFECTIVE DATE OF FINAL RULE] 
the owner or operator must submit to EPA a report, including any final 
report(s) completed by the selected NOX reduction technology 
supplier and furnace retrofit engineer, containing a detailed 
engineering analysis and modeling of the NOX reduction 
control technology being installed on Hibbing Line 2. The 
NOX reduction control technology must be designed to meet an 
emission limit of 1.2 lbs NOX/MMBtu. This report must 
include a list of all process and control technology variables that can 
reasonably be expected to have an impact on NOX emissions 
control technology performance, as well as a description of how these 
variables can be adjusted to reduce NOX emissions to meet 
the NOX design emission limit.

[[Page 64180]]

    (4) The NOX reduction control technology shall be 
installed on Hibbing Line 2 furnace no later than 44 months after 
[EFFECTIVE DATE OF FINAL RULE].
    (5) Commencing on the earlier of:
    (i) Six months from the installation of the NOX 
reduction control technology; or
    (ii) 44 months from [EFFECTIVE DATE OF FINAL RULE], the owner or 
operator must provide to EPA the results from pellet quality analyses. 
The owner or operator shall provide the results from pellet quality 
analyses no later than 30 days from the end of each calendar quarter up 
until 52 months after [EFFECTIVE DATE OF FINAL RULE]. Any remaining 
results through the end of the 52nd month from [EFFECTIVE DATE OF FINAL 
RULE], that do not fall within a calendar quarter, must be submitted to 
EPA no later than seven days from the end of the 52nd month. The pellet 
quality analyses shall include results for the following factors: 
Compression, reducibility, before tumble, after tumble, low temperature 
disintegration, and swelling. For each of the pellet quality analysis 
factors, the owner or operator must explain the pellet quality analysis 
factor, as well as the defined acceptable range for each factor using 
the applicable product quality standards based upon customers' pellet 
specifications that are contained in Hibbing's ISO 9001 quality 
management system. The owner or operator shall provide pellet quality 
analysis testing results that state the date and time of the analysis 
and, in order to define the time period when pellets were produced 
outside of the defined acceptable range for the pellet quality factors 
listed, provide copies of the production logs that document the 
starting and ending times for such periods. The owner or operator shall 
provide an explanation of causes for pellet samples that fail to meet 
the acceptable range for any pellet quality analysis factor. Pellet 
quality information and data may be submitted to EPA as Confidential 
Business Information.
    (6) No later than 52 months after [EFFECTIVE DATE OF FINAL RULE], 
the owner or operator may submit to EPA a report to either confirm or 
modify the NOX limits for Hibbing Line 2 furnace within the 
upper and lower bounds described below. EPA will review the report and 
either confirm or modify the NOX limits. If the CEMS data 
collected during operating periods between months 44 and 52 that both 
meet pellet quality specifications and proper furnace/burner operation 
is normally distributed, the limit adjustment determination shall be 
based on the appropriate (depending upon whether data are statistically 
independent or dependent) 95% upper predictive limit (UPL) equations in 
paragraph (f) of this section. If the CEMS data collected during 
operating periods between months 44 and 52 that both meet pellet 
quality specifications and proper furnace/burner operation are not 
normally distributed, the limit adjustment determination shall be based 
on the non-parametric equation provided in paragraph (f) of this 
section. The data set for the determination shall exclude periods when 
pellet quality did not fall within the defined acceptable ranges of the 
pellet quality factors identified pursuant to paragraph (b)(1)(ii)(E) 
of this section and for any subsequent period when production has been 
reduced in response to pellet quality concerns consistent with 
Hibbing's ISO 9001 operating standards. Any excluded period will 
commence at the time documented on the production log demonstrating 
that pellet quality did not fall within the defined acceptable range 
and shall end when pellet quality within the defined acceptable range 
has been re-established at planned production levels, which will be 
presumed to be the level that existed immediately prior to the 
reduction in production due to pellet quality concerns. EPA may also 
exclude data where operations are inconsistent with the reported design 
parameters of the NOX reduction control technology 
installed.
    (7) EPA will take final agency action by publishing its final 
confirmation or modification of the NOX limit in the Federal 
Register no later than 55 months after [EFFECTIVE DATE OF FINAL RULE]. 
The confirmed or modified NOX limit for Hibbing Line 2 when 
burning only natural gas may be no lower than 1.2 lbs NOX/
MMBtu, based on a 30-day rolling average, and may not exceed 1.8 lbs 
NOX/MMBtu, based on a 30-day rolling average.
    (C) Hibbing Line 3.
    (1) An emission limit of 1.2 lbs NOX/MMBtu, based on a 
30-day rolling average, shall apply to Hibbing Line 3 when burning 
natural gas. This emission limit will become enforceable 60 months 
after [EFFECTIVE DATE OF FINAL RULE] and only after EPA's confirmation 
or modification of the emission limit in accordance with the procedures 
set forth below.
    (2) Compliance with this emission limit will be demonstrated with 
data collected by a continuous emissions monitoring system (CEMS) for 
NOX. The owner or operator of Hibbing Line 3 must install a 
CEMS for NOX and SO2 within six months from 
[EFFECTIVE DATE OF FINAL RULE]. The owner or operator must start 
collecting CEMS data and submit the data to EPA no later than 30 days 
from the end of each calendar quarter after that installation deadline. 
Any remaining data through the end of the 57th month from [EFFECTIVE 
DATE OF FINAL RULE], that doesn't fall within a calendar quarter, must 
be submitted to EPA no later than seven days from the end of the 57th 
month. Although CEMS data must continue to be collected, it does not 
need to be submitted to EPA starting 57 months after the effective date 
of the rule.
    (3) No later than 48 months after [EFFECTIVE DATE OF FINAL RULE] 
the owner or operator must submit to EPA a report, including any final 
report(s) completed by the selected NOX reduction technology 
supplier and furnace retrofit engineer, containing a detailed 
engineering analysis and modeling of the NOX reduction 
control technology being installed on Hibbing Line 3. The 
NOX reduction control technology must be designed to meet an 
emission limit of 1.2 lbs NOX/MMBtu. This report must 
include a list of all process and control technology variables that can 
reasonably be expected to have an impact on NOX emissions 
control technology performance, as well as a description of how these 
variables can be adjusted to reduce NOX emissions to meet 
the NOX design emission limit.
    (4) The NOX reduction control technology shall be 
installed on Hibbing Line 3 furnace no later than 50 months after 
[EFFECTIVE DATE OF FINAL RULE].
    (5) Commencing on the earlier of:
    (i) Six months from the installation of the NOX 
reduction control technology; or
    (ii) 50 months from [EFFECTIVE DATE OF FINAL RULE], the owner or 
operator must provide to EPA the results from pellet quality analyses. 
The owner or operator shall provide the results from pellet quality 
analyses no later than 30 days from the end of each calendar quarter up 
until 57 months after [EFFECTIVE DATE OF FINAL RULE]. Any remaining 
results through the end of the 57th month from [EFFECTIVE DATE OF FINAL 
RULE], that do not fall within a calendar quarter, must be submitted to 
EPA no later than seven days from the end of the 57th month. The pellet 
quality analyses shall include results for the following factors: 
compression, reducibility, before tumble, after tumble, low temperature 
disintegration, and swelling. For each of the pellet quality

[[Page 64181]]

analysis factors, the owner or operator must explain the pellet quality 
analysis factor, as well as the defined acceptable range for each 
factor using the applicable product quality standards based upon 
customers' pellet specifications that are contained in Hibbing's ISO 
9001 quality management system. The owner or operator shall provide 
pellet quality analysis testing results that state the date and time of 
the analysis and, in order to define the time period when pellets were 
produced outside of the defined acceptable range for the pellet quality 
factors listed, provide copies of the production logs that document the 
starting and ending times for such periods. The owner or operator shall 
provide an explanation of causes for pellet samples that fail to meet 
the acceptable range for any pellet quality analysis factor. Pellet 
quality information and data may be submitted to EPA as Confidential 
Business Information.
    (6) No later than 57 months after [EFFECTIVE DATE OF FINAL RULE], 
the owner or operator may submit to EPA a report to either confirm or 
modify the NOX limits for Hibbing Line 3 furnace within the 
upper and lower bounds described below. EPA will review the report and 
either confirm or modify the NOX limits. If the CEMS data 
collected during operating periods between months 50 and 57 that both 
meet pellet quality specifications and proper furnace/burner operation 
is normally distributed, the limit adjustment determination shall be 
based on the appropriate (depending upon whether data are statistically 
independent or dependent) 95% upper predictive limit (UPL) equations in 
paragraph (f) of this section. If the CEMS data collected during 
operating periods between months 50 and 57 that both meet pellet 
quality specifications and proper furnace/burner operation are not 
normally distributed, the limit adjustment determination shall be based 
on the non-parametric equation provided in paragraph (f) of this 
section. The data set for the determination shall exclude periods when 
pellet quality did not fall within the defined acceptable ranges of the 
pellet quality factors identified pursuant to paragraph (b)(1)(ii)(E) 
of this section and for any subsequent period when production has been 
reduced in response to pellet quality concerns consistent with 
Hibbing's ISO 9001 operating standards. Any excluded period will 
commence at the time documented on the production log demonstrating 
that pellet quality did not fall within the defined acceptable range 
and shall end when pellet quality within the defined acceptable range 
has been re-established at planned production levels, which will be 
presumed to be the level that existed immediately prior to the 
reduction in production due to pellet quality concerns. EPA may also 
exclude data where operations are inconsistent with the reported design 
parameters of the NOX reduction control technology 
installed.
    (7) EPA will take final agency action by publishing its final 
confirmation or modification of the NOX limit in the Federal 
Register no later than 60 months after [EFFECTIVE DATE OF FINAL RULE]. 
The confirmed or modified NOX limit for Hibbing Line 3 when 
burning only natural gas may be no lower than 1.2 lbs NOX/
MMBtu, based on a 30-day rolling average, and may not exceed 1.8 lbs 
NOX/MMBtu, based on a 30-day rolling average.
* * * * *
    (iv) United Taconite.
    (A) United Taconite Line 1.
    (1) An emission limit of 2.8 lbs NOX/MMBtu, based on a 
720-hour rolling average, shall apply to United Taconite Grate Kiln 
Line 1 when burning natural gas, and an emission limit of 1.5 lbs 
NOX/MMBtu, based on a 720-hour rolling average, shall apply 
to United Taconite Grate Kiln Line 1 when burning coal or a mixture of 
coal and natural gas. These emission limits will become enforceable 37 
months after [EFFECTIVE DATE OF FINAL RULE] and only after EPA's 
confirmation or modification of the emission limit in accordance with 
the procedures set forth below.
    (2) Compliance with these emission limits shall be demonstrated 
with data collected by a continuous emissions monitoring system (CEMS) 
for NOX. The owner or operator must start collecting CEMS 
data for NOX upon [EFFECTIVE DATE OF FINAL RULE] and submit 
the data to EPA no later than 30 days from the end of each calendar 
quarter. Any remaining data through the end of the 34th month from 
[EFFECTIVE DATE OF FINAL RULE], that doesn't fall within a calendar 
quarter, must be submitted to EPA no later than 7 days from the end of 
the 34th month. Although CEMS data must continue to be collected, it 
does not need to be submitted to EPA starting 34 months after 
[EFFECTIVE DATE OF FINAL RULE].
    (3) No later than 24 months from [EFFECTIVE DATE OF FINAL RULE], 
the owner or operator must submit to EPA a report, including any final 
report(s) completed by the selected NOX reduction technology 
supplier and furnace retrofit engineer, containing a detailed 
engineering analysis and modeling of the NOX reduction 
control technology being installed on United Taconite Grate Kiln Line 
1. This report must include a list of all variables that can reasonably 
be expected to have an impact on NOX emission control 
technology performance, as well as a description of how these variables 
can be adjusted to reduce NOX emissions to meet the 
NOX design emission limit. This NOX reduction 
control technology must be designed to meet emission limits of 2.8 lbs 
NOX/MMBtu when burning natural gas and 1.5 lbs 
NOX/MMBtu when burning coal or a mixture of coal and natural 
gas.
    (4) The NOX reduction control technology shall be 
installed on United Taconite Grate Kiln Line 1 furnace no later than 26 
months from [EFFECTIVE DATE OF FINAL RULE].
    (5) Commencing on the earlier of
    (i) Six months from the installation of the NOX 
reduction control technology; or
    (ii) 26 months from the effective date of the rule, the owner or 
operator must provide to EPA the results from pellet quality analyses. 
The owner or operator shall provide the results from pellet quality 
analyses no later than 30 days from the end of each calendar quarter up 
until 34 months after [EFFECTIVE DATE OF FINAL RULE]. Any remaining 
results through the end of the 34th month, that do not fall within a 
calendar quarter, must be submitted to EPA no later than seven days 
from the end of the 34th month. The pellet quality analyses shall 
include results for the following factors: Compression, reducibility, 
before tumble, after tumble, and low temperature disintegration. For 
each of the pellet quality analysis factors, the owner or operator must 
explain the pellet quality analysis factor, as well as the defined 
acceptable range for each factor using the applicable product quality 
standards based upon customers' pellet specifications that are 
contained in Tilden's ISO 9001 quality management system. The owner or 
operator shall provide pellet quality analysis testing results that 
state the date and time of the analysis and, in order to define the 
time period when pellets were produced outside of the defined 
acceptable range for the pellet quality factors listed, provide copies 
of the production logs that document the starting and ending times for 
such periods. The owner or operator shall provide an explanation of 
causes for pellet samples that fail to meet the acceptable range for 
any pellet quality analysis factor. Pellet quality information and data 
may be submitted

[[Page 64182]]

to EPA as Confidential Business Information.
    (6) No later than 34 months after [EFFECTIVE DATE OF FINAL RULE], 
the owner or operator may submit to EPA a report to either confirm or 
modify the NOX limits for United Taconite Grate Kiln Line 1 
within the upper and lower bounds described below. EPA will review the 
report and either confirm or modify the NOX limits. If the 
CEMS data collected during operating periods between months 26 and 34 
that both meet pellet quality specifications and proper furnace/burner 
operation is normally distributed, the limit adjustment determination 
shall be based on the appropriate (depending upon whether data are 
statistically independent or dependent) 95% upper predictive limit 
(UPL) equations in paragraph (f) of this section. If the CEMS data 
collected during operating periods between months 26 and 34 that both 
meet pellet quality specifications and proper furnace/burner operation 
are not normally distributed, the limit adjustment determination shall 
be based on the non-parametric equation provided in paragraph (f) of 
this section. The data set for the determination shall exclude periods 
when pellet quality did not fall within the defined acceptable ranges 
of the pellet quality factors identified pursuant to paragraph 
(b)(1)(iv)(A)(5) of this section and for any subsequent period when 
production had been reduced in response to pellet quality concerns 
consistent with United Taconite's ISO 9001 operating standards. Any 
excluded period will commence at the time documented on the production 
log demonstrating pellet quality did not fall within the defined 
acceptable range, and shall end when pellet quality within the defined 
acceptable range has been re-established at planned production levels, 
which will presumed to be the level that existed immediately prior to 
the reduction in production due to pellet quality concerns. EPA may 
also exclude data where operations are inconsistent with the reported 
design parameters of the NOX reduction control technology 
that were installed.
    (7) EPA will take final agency action by publishing its final 
confirmation or modification of the NOX limits in the 
Federal Register no later than 37 months after [EFFECTIVE DATE OF FINAL 
RULE]. The confirmed or modified NOX limit for United 
Taconite Grate Kiln Line 1 when burning only natural gas may be no 
lower than 2.8 lbs NOX/MMBtu, based on a 720-hour rolling 
average, and may not exceed 3.0 lbs NOX/MMBtu, based on a 
720-hour rolling average. The confirmed or modified NOX 
limit for United Taconite Grate Kiln Line 1 when burning coal or a 
mixture of coal and natural gas may be no lower than 1.5 lbs 
NOX/MMBtu, based on a 720-hour rolling average, and may not 
exceed 2.5 lbs NOX/MMBtu, based on a 720-hour rolling 
average.
    (8) If the owner or operator submits a report proposing a single 
NOX limit for all fuels, EPA may approve the proposed 
NOX limit for all fuels based on a 30-day rolling average. 
The confirmed or modified limit will be established and enforceable 
within 37 months from [EFFECTIVE DATE OF FINAL RULE].
(B) United Taconite Line 2
    (1) An emission limit of 2.8 lbs NOX/MMBtu, based on a 
720-hour rolling average, shall apply to United Taconite Grate Kiln 
Line 2 when burning natural gas, and an emission limit of 1.5 lbs 
NOX/MMBtu, based on a 720-hour rolling average, shall apply 
to United Taconite Grate Kiln Line 2 when burning coal or a mixture of 
coal and natural gas. These emission limits will become enforceable 55 
months after [EFFECTIVE DATE OF FINAL RULE] and only after EPA's 
confirmation or modification of the emission limit in accordance with 
the procedures set forth below.
    (2) Compliance with these emission limits shall be demonstrated 
with data collected by a continuous emissions monitoring system (CEMS) 
for NOX. The owner or operator must start collecting CEMS 
data for NOX upon [EFFECTIVE DATE OF FINAL RULE] and submit 
the data to EPA no later than 30 days from the end of each calendar 
quarter. Any remaining data through the end of the 52nd month from 
[EFFECTIVE DATE OF FINAL RULE], that doesn't fall within a calendar 
quarter, must be submitted to EPA no later than 7 days from the end of 
the 52nd month. Although CEMS data must continue to be collected, it 
does not need to be submitted to EPA starting 52 months after 
[EFFECTIVE DATE OF FINAL RULE].
    (3) No later than 42 months from [EFFECTIVE DATE OF FINAL RULE], 
the owner or operator must submit to EPA a report, including any final 
report(s) completed by the selected NOX reduction technology 
supplier and furnace retrofit engineer, containing a detailed 
engineering analysis and modeling of the NOX reduction 
control technology being installed on United Taconite Grate Kiln Line 
2. This report must include a list of all variables that can reasonably 
be expected to have an impact on NOX emission control 
technology performance, as well as a description of how these variables 
can be adjusted to reduce NOX emissions to meet the 
NOX design emission limit. This NOX reduction 
control technology must be designed to meet emission limits of 2.8 lbs 
NOX/MMBtu when burning natural gas and 1.5 lbs 
NOX/MMBtu when burning coal or a mixture of coal and natural 
gas.
    (4) The NOX reduction control technology shall be 
installed on United Taconite Grate Kiln Line 2 furnace no later than 44 
months from the effective date of the rule.
    (5) Commencing on the earlier of:
    (i) Six months from the installation of the NOX 
reduction control technology; or
    (ii) 44 months from [EFFECTIVE DATE OF FINAL RULE], the owner or 
operator must provide to EPA the results from pellet quality analyses. 
The owner or operator shall provide the results from pellet quality 
analyses no later than 30 days from the end of each calendar quarter up 
until 52 months after [EFFECTIVE DATE OF FINAL RULE]. Any remaining 
results through the end of the 52nd month, that do not fall within a 
calendar quarter, must be submitted to EPA no later than seven days 
from the end of the 52nd month. The pellet quality analyses shall 
include results for the following factors: Compression, reducibility, 
before tumble, after tumble, and low temperature disintegration. For 
each of the pellet quality analysis factors, the owner or operator must 
explain the pellet quality analysis factor, as well as the defined 
acceptable range for each factor using the applicable product quality 
standards based upon customers' pellet specifications that are 
contained in Tilden's ISO 9001 quality management system. The owner or 
operator shall provide pellet quality analysis testing results that 
state the date and time of the analysis and, in order to define the 
time period when pellets were produced outside of the defined 
acceptable range for the pellet quality factors listed, provide copies 
of the production logs that document the starting and ending times for 
such periods. The owner or operator shall provide an explanation of 
causes for pellet samples that fail to meet the acceptable range for 
any pellet quality analysis factor. Pellet quality information and data 
may be submitted to EPA as Confidential Business Information.
    (6) No later than 52 months after [EFFECTIVE DATE OF FINAL RULE], 
the owner or operator may submit to EPA a report to either confirm or 
modify the NOX limits for United Taconite Grate Kiln Line 2 
within the upper and

[[Page 64183]]

lower bounds described below. EPA will review the report and either 
confirm or modify the NOX limits. If the CEMS data collected 
during operating periods between months 44 and 52 that both meet pellet 
quality specifications and proper furnace/burner operation is normally 
distributed, the limit adjustment determination shall be based on the 
appropriate (depending upon whether data are statistically independent 
or dependent) 95% upper predictive limit (UPL) equations in paragraph 
(f) of this section. If the CEMS data collected during operating 
periods between months 44 and 52 that both meet pellet quality 
specifications and proper furnace/burner operation are not normally 
distributed, the limit adjustment determination shall be based on the 
non-parametric equation provided in paragraph (f) of this section. The 
data set for the determination shall exclude periods when pellet 
quality did not fall within the defined acceptable ranges of the pellet 
quality factors identified pursuant to paragraph (b)(1)(iv)(B)(5) of 
this section and for any subsequent period when production had been 
reduced in response to pellet quality concerns consistent with United 
Taconite's ISO 9001 operating standards. Any excluded period will 
commence at the time documented on the production log demonstrating 
pellet quality did not fall within the defined acceptable range, and 
shall end when pellet quality within the defined acceptable range has 
been re-established at planned production levels, which will presumed 
to be the level that existed immediately prior to the reduction in 
production due to pellet quality concerns. EPA may also exclude data 
where operations are inconsistent with the reported design parameters 
of the NOX reduction control technology that were installed.
    (7) EPA will take final agency action by publishing its final 
confirmation or modification of the NOX limits in the 
Federal Register no later than 55 months after [EFFECTIVE DATE OF FINAL 
RULE]. The confirmed or modified NOX limit for United 
Taconite Grate Kiln Line 2 when burning only natural gas may be no 
lower than 2.8 lbs NOX/MMBtu, based on a 720-hour rolling 
average, and may not exceed 3.0 lbs NOX/MMBtu, based on a 
720-hour rolling average. The confirmed or modified NOX 
limit for United Taconite Grate Kiln Line 2 when burning coal or a 
mixture of coal and natural gas may be no lower than 1.5 lbs 
NOX/MMBtu, based on a 720-hour rolling average, and may not 
exceed 2.5 lbs NOX/MMBtu, based on a 720-hour rolling 
average.
    (8) If the owner or operator submits a report proposing a single 
NOX limit for all fuels, EPA may approve the proposed 
NOX limit for all fuels based on a 30-day rolling average. 
The confirmed or modified limit will be established and enforceable 
within 55 months from [EFFECTIVE DATE OF FINAL RULE].
    (v) ArcelorMittal Minorca Mine
    (A) An emission limit of 1.2 lbs NOX/MMBtu, based on a 
30-day rolling average, shall apply to the ArcelorMittal Minorca Mine 
indurating furnace when burning natural gas. This emission limit will 
become enforceable 55 months after [EFFECTIVE DATE OF FINAL RULE] and 
only after EPA's confirmation or modification of the emission limit in 
accordance with the procedures set forth below.
    (B) Compliance with this emission limit will be demonstrated with 
data collected by a continuous emissions monitoring system (CEMS) for 
NOX. The owner or operator of the ArcelorMittal Minorca Mine 
indurating furnace must install a CEMS for NOX and 
SO2 within six months from [EFFECTIVE DATE OF FINAL RULE]. 
The owner or operator must start collecting CEMS data and submit the 
data to EPA no later than 30 days from the end of each calendar quarter 
after that installation deadline. Any remaining data through the end of 
the 52nd month from [EFFECTIVE DATE OF FINAL RULE], that doesn't fall 
within a calendar quarter, must be submitted to EPA no later than seven 
days from the end of the 52nd month. Although CEMS data must continue 
to be collected, it does not need to be submitted to EPA starting 52 
months after [EFFECTIVE DATE OF FINAL RULE].
    (C) No later than 42 months after [EFFECTIVE DATE OF FINAL RULE] 
the owner or operator must submit to EPA a report, including any final 
report(s) completed by the selected NOX reduction technology 
supplier and furnace retrofit engineer, containing a detailed 
engineering analysis and modeling of the NOX reduction 
control technology being installed on the ArcelorMittal Minorca Mine 
indurating furnace. The NOX reduction control technology 
must be designed to meet an emission limit of 1.2 lbs NOX/
MMBtu. This report must include a list of all process and control 
technology variables that can reasonably be expected to have an impact 
on NOX emissions control technology performance, as well as 
a description of how these variables can be adjusted to reduce 
NOX emissions to meet the NOX design emission 
limit.
    (D) The NOX reduction control technology shall be 
installed on the ArcelorMittal Minorca Mine indurating furnace no later 
than 44 months after the effective date of the rule.
    (E) Commencing on the earlier of:
    (1) Six months from the installation of the NOX 
reduction control technology; or
    (2) 44 months from [EFFECTIVE DATE OF FINAL RULE], the owner or 
operator must provide to EPA the results from pellet quality analyses. 
The owner or operator shall provide the results from pellet quality 
analyses no later than 30 days from the end of each calendar quarter up 
until 52 months after [EFFECTIVE DATE OF FINAL RULE]. Any remaining 
results through the end of the 52nd month from [EFFECTIVE DATE OF FINAL 
RULE], that do not fall within a calendar quarter, must be submitted to 
EPA no later than seven days from the end of the 52nd month. The pellet 
quality analyses shall include results for the following factors: 
Compression, reducibility, before tumble, after tumble, low temperature 
disintegration, and contraction. For each of the pellet quality 
analysis factors, the owner or operator must explain the pellet quality 
analysis factor, as well as the defined acceptable range for each 
factor using the applicable product quality standards based upon 
customers' pellet specifications that are contained in the 
ArcelorMittal Minorca Mine's Standard Product Parameters. The owner or 
operator shall provide pellet quality analysis testing results that 
state the date and time of the analysis and, in order to define the 
time period when pellets were produced outside of the defined 
acceptable range for the pellet quality factors listed, provide copies 
of production or scale data that document the starting and ending times 
for such periods. The owner or operator shall provide an explanation of 
causes for pellet samples that fail to meet the acceptable range for 
any pellet quality analysis factor. Pellet quality information and data 
may be submitted to EPA as Confidential Business Information.
    (F) No later than 52 months after [EFFECTIVE DATE OF FINAL RULE], 
the owner or operator may submit to EPA a report to either confirm or 
modify the NOX limits for the ArcelorMittal Minorca Mine 
indurating furnace within the upper and lower bounds described below. 
EPA will review the report and either confirm or modify the 
NOX limits. If the CEMS data collected during operating 
periods between months 44 and 52 that both meet pellet quality 
specifications and proper furnace/

[[Page 64184]]

burner operation is normally distributed, the limit adjustment 
determination shall be based on the appropriate (depending upon whether 
data are statistically independent or dependent) 95% upper predictive 
limit (UPL) equations in paragraph (f) of this section. If the CEMS 
data collected during operating periods between months 44 and 52 that 
both meet pellet quality specifications and proper furnace/burner 
operation are not normally distributed, the limit adjustment 
determination shall be based on the non-parametric equation provided in 
paragraph (f) of this section. The data set for the determination shall 
exclude periods when pellet quality did not fall within the defined 
acceptable ranges of the pellet quality factors identified pursuant to 
paragraph (b)(1)(v)(5) of this section and for any subsequent period 
when production has been reduced in response to pellet quality concerns 
consistent with the ArcelorMittal Minorca Mine's Standard Product 
Parameters. Any excluded period will commence at the time documented in 
related quality reports demonstrating that pellet quality did not fall 
within the defined acceptable range and shall end when pellet quality 
within the defined acceptable range has been re-established at planned 
production levels, which will be presumed to be the level that existed 
immediately prior to the reduction in production due to pellet quality 
concerns. EPA may also exclude data where operations are inconsistent 
with the reported design parameters of the NOX reduction 
control technology installed.
    (G) EPA will take final agency action by publishing its final 
confirmation or modification of the NOX limit in the Federal 
Register no later than 55 months [EFFECTIVE DATE OF FINAL RULE]. The 
confirmed or modified NOX limit for the ArcelorMittal 
Minorca Mine indurating furnace when burning only natural gas may be no 
lower than 1.2 lbs NOX/MMBtu, based on a 30-day rolling 
average, and may not exceed 1.8 lbs NOX/MMBtu, based on a 
30-day rolling average.
* * * * *
    (2) SO2 emission limits
* * * * *
    (iv) United Taconite
    An aggregate emission limit of 529.0 lbs SO2/hr, based 
on a 30-day rolling average, shall apply to the Line 1 pellet furnace 
(EU040) and Line 2 pellet furnace (EU042) beginning six months after 
[EFFECTIVE DATE OF FINAL RULE] the effective date of the rule. 
Compliance with this aggregate emission limit shall be demonstrated 
with data collected by a continuous emissions monitoring system (CEMS) 
for SO2. The owner or operator must start collecting CEMS 
data for SO2 beginning six months after [EFFECTIVE DATE OF 
FINAL RULE] and submit the data to EPA no later than 30 days from the 
end of each calendar quarter. Beginning 6 months after the effective 
date of the rule, any coal burned on UTAC Grate Kiln Line 1 or Line 2 
shall have no more than 1.5 percent sulfur by weight based on a monthly 
block average. The sampling and calculation methodology for determining 
the sulfur content of coal must be described in the monitoring plan 
required for this furnace.
* * * * *
    (c) Testing and monitoring. (1) The owner or operator of the 
respective facility shall install, certify, calibrate, maintain and 
operate Continuous Emissions Monitoring Systems (CEMS) for 
NOX on United States Steel Corporation, Keetac unit EU030; 
Hibbing Taconite Company units EU020, EU021, and EU022; United States 
Steel Corporation, Minntac units EU225, EU261, EU282, EU315, and EU334; 
United Taconite units EU040 and EU042; ArcelorMittal Minorca Mine unit 
EU026; and Northshore Mining Company-Silver Bay units Furnace 11(EU100/
EU104) and Furnace 12(EU110/EU114). Compliance with the emission limits 
for NOX shall be determined using data from the CEMS.
    (2) The owner or operator shall install, certify, calibrate, 
maintain and operate CEMS for SO2 on United States Steel 
Corporation, Keetac unit EU030; Hibbing Taconite Company units EU020, 
EU021, and EU022; United States Steel Corporation, Minntac units EU225, 
EU261, EU282, EU315, and EU334; United Taconite units EU040 and EU042; 
ArcelorMittal Minorca Mine unit EU026; and Northshore Mining Company--
Silver Bay units Furnace 11 (EU100/EU104) and Furnace 12 (EU110/EU114).
    (3) The owner or operator shall install, certify, calibrate, 
maintain and operate one or more continuous diluent monitor(s) 
(O2 or CO2) and continuous flow rate monitor(s) 
on the BART affected units to allow conversion of the NOX 
and SO2 concentrations to units of the standard (lbs/MMBtu 
and lbs/hr, respectively) unless a demonstration is made that a diluent 
monitor and continuous flow rate monitor are not needed for the owner 
or operator to demonstrate compliance with applicable emission limits 
in units of the standards.
    (4) For purposes of this section, all CEMS required by this section 
must meet the requirements of paragraphs (c)(4)(i)-(xiv) of this 
section.
    (i) All CEMS must be installed, certified, calibrated, maintained, 
and operated in accordance with 40 CFR part 60, appendix B, Performance 
Specification 2 (PS-2) and appendix F, Procedure 1.
    (ii) CEMS must be installed and operational as follows:
    (A) All CEMS associated with monitoring NOX (including 
the NOX monitor and necessary diluent and flow rate 
monitors) at the following facilities: U.S. Steel Keetac, U.S. Steel 
Minntac, and Northshore Mining Company-Silver Bay, must be installed 
and operational no later than the unit specific compliance dates for 
the emission limits identified at paragraphs (b)(1)(i), (iii) and (vi) 
of this section, respectively.
    (B) All CEMS associated with monitoring NOX (including 
the NOX monitor and necessary diluent and flow rate 
monitors) at the following facilities: Hibbing Taconite Company, United 
Taconite, and ArcelorMittal Minorca Mine, must be installed and 
operational no later than the unit specific installation dates for the 
installation and operation of CEMS identified at paragraphs (b)(1)(ii), 
(iv) and (v) of this section, respectively.
    (C) All CEMS associated with monitoring SO2 at the 
following facilities: U.S. Steel Keetac, U.S. Steel Minntac, and 
Northshore Mining Company-Silver Bay, must be installed and operational 
no later than six months after March 8, 2013.
    (D) All CEMS associated with monitoring SO2 at the 
following facilities: Hibbing Taconite Company, United Taconite, and 
ArcelorMittal Minorca Mine, must be installed and operational no later 
than six months after [EFFECTIVE DATE OF FINAL RULE].
    (E) The operational status of the CEMS identified in paragraphs 
(c)(1) and (2) of this section shall be verified by, as a minimum, 
completion of the manufacturer's written requirements or 
recommendations for installation, operation, and calibration of the 
devices.
    (iii) The owner or operator must conduct a performance evaluation 
of each CEMS in accordance with 40 CFR part 60, appendix B, PS-2. The 
performance evaluations must be completed no later than 60 days after 
the respective CEMS installation.
    (iv) The owner or operator of each CEMS must conduct periodic 
Quality Assurance, Quality Control (QA/QC) checks of each CEMS in 
accordance

[[Page 64185]]

with 40 CFR part 60, appendix F, Procedure 1. The first CEMS accuracy 
test will be a relative accuracy test audit (RATA) and must be 
completed no later than 60 days after the respective CEMS installation.
    (v) The owner or operator of each CEMS must furnish the Regional 
Administrator two, or upon request, more copies of a written report of 
the results of each performance evaluation and QA/QC check within 60 
days of completion,.
    (vi) The owner or operator of each CEMS must check, record, and 
quantify the zero and span calibration drifts at least once daily 
(every 24 hours) in accordance with 40 CFR part 60, appendix F, 
Procedure 1, Section 4.
    (vii) Except for CEMS breakdowns, repairs, calibration checks, and 
zero and span adjustments, all CEMS required by this section shall be 
in continuous operation during all periods of BART affected process 
unit operation, including periods of process unit startup, shutdown, 
and malfunction.
    (viii) All CEMS required by this section must meet the minimum data 
requirements at paragraphs (c)(4)(viii)(A) through (C) of this section.
    (A) Complete a minimum of one cycle of operation (sampling, 
analyzing, and data recording) for each successive 15-minute quadrant 
of an hour.
    (B) Sample, analyze and record emissions data for all periods of 
process operation except as described in paragraph (c)(4)(viii)(C) of 
this section.
    (C) When emission data from CEMS are not available due to 
continuous monitoring system breakdowns, repairs, calibration checks, 
or zero and span adjustments, emission data must be obtained using 
other monitoring systems or emission estimation methods approved by the 
EPA. The other monitoring systems or emission estimation methods to be 
used must be incorporated into the monitoring plan required by this 
section and provide information such that emissions data are available 
for a minimum of 18 hours in each 24 hour period and at least 22 out of 
30 successive unit operating days.
    (ix) Owners or operators of each CEMS required by this section must 
reduce all data to 1-hour averages. Hourly averages shall be computed 
using all valid data obtained within the hour but no less than one data 
point in each fifteen-minute quadrant of an hour. Notwithstanding this 
requirement, an hourly average may be computed from at least two data 
points separated by a minimum of 15 minutes (where the unit operates 
for more than one quadrant in an hour) if data are unavailable as a 
result of performance of calibration, quality assurance, preventive 
maintenance activities, or backups of data from data acquisition and 
handling systems, and recertification events.
    (x) The 30-day rolling average emission rate determined from data 
derived from the CEMS required by this section (in lbs/MMBtu or lbs/hr 
depending on the emission standard selected) must be calculated in 
accordance with paragraphs (c)(4)(x)(A)-(F) of this section.
    (A) Sum the total pounds of the pollutant in question emitted from 
the Unit during an operating day and the previous 29 operating days.
    (B) Sum the total heat input to the unit (in MMBtu) or the total 
actual hours of operation (in hours) during an operating day and the 
previous 29 operating days.
    (C) Divide the total number of pounds of the pollutant in question 
emitted during the 30 operating days by the total heat input (or actual 
hours of operation depending on the emission limit selected) during the 
30 operating days.
    (D) For purposes of this calculation, an operating day is any day 
during which fuel is combusted in the BART affected Unit regardless of 
whether pellets are produced. Actual hours of operation are the total 
hours a unit is firing fuel regardless of whether a complete 24-hour 
operational cycle occurs (i.e. if the furnace is firing fuel for only 5 
hours during a 24-hour period, then the actual operating hours for that 
day are 5. Similarly, total number of pounds of the pollutant in 
question for that day is determined only from the CEMS data for the 
five hours during which fuel is combusted.)
    (E) If the owner or operator of the CEMS required by this section 
uses an alternative method to determine 30-day rolling averages, that 
method must be described in detail in the monitoring plan required by 
this section. The alternative method will only be applicable if the 
final monitoring plan and the alternative method are approved by EPA.
    (F) A new 30-day rolling average emission rate must be calculated 
for each new operating day.
    (xi) The 720-hour rolling average emission rate determined from 
data derived from the CEMS required by this section (in lbs/MMBtu) must 
be calculated in accordance with (c)(4)(xi)(A)-(C) of this section.
    (A) Sum the total pounds of NOX emitted from the unit 
every hour and the previous (not necessarily consecutive) 719 hours for 
which that type of fuel (either natural gas or mixed coal and natural 
gas) was used.
    (B) Sum the total heat input to the unit (in MMBtu) every hour and 
the previous (not necessarily consecutive) 719 hours for which that 
type of fuel (either natural gas or mixed coal and natural gas) was 
used.
    (C) Divide the total number of pounds of NOX emitted 
during the 720 hours, as defined above, by the total heat input during 
the same 720 hour period. This calculation must be done separately for 
each fuel type (either for natural gas or mixed coal and natural gas).
    (xii) Data substitution must not be used for purposes of 
determining compliance under this section.
    (xiii) All CEMS data shall be reduced and reported in units of the 
applicable standard.
    (xiv) A Quality Control Program must be developed and implemented 
for all CEMS required by this section in accordance with 40 CFR part 
60, appendix F, Procedure 1, Section 3. The program will include, at a 
minimum, written procedures and operations for calibration checks, 
calibration drift adjustments, preventative maintenance, data 
collection, recording and reporting, accuracy audits/procedures, 
periodic performance evaluations, and a corrective action program for 
malfunctioning CEMS.
    (d) Recordkeeping requirements. (1)(i) Records required by this 
section must be kept in a form suitable and readily available for 
expeditious review.
    (ii) Records required by this section must be kept for a minimum of 
5 years following the date of creation.
    (iii) Records must be kept on site for at least 2 years following 
the date of creation and may be kept offsite, but readily accessible, 
for the remaining 3 years.
    (2) The owner or operator of the BART affected units must maintain 
the records at paragraphs (d)(2)(i)-(xi) of this section.
    (i) A copy of each notification and report developed for and 
submitted to comply with this section including all documentation 
supporting any initial notification or notification of compliance 
status submitted according to the requirements of this section.
    (ii) Records of the occurrence and duration of startup, shutdown, 
and malfunction of the BART affected units, air pollution control 
equipment, and CEMS required by this section.
    (iii) Records of activities taken during each startup, shutdown, 
and malfunction of the BART affected unit, air pollution control 
equipment, and CEMS required by this section.
    (iv) Records of the occurrence and duration of all major 
maintenance conducted on the BART affected units,

[[Page 64186]]

air pollution control equipment, and CEMS required by this section.
    (v) Records of each excess emission report, including all 
documentation supporting the reports, dates and times when excess 
emissions occurred, investigations into the causes of excess emissions, 
actions taken to minimize or eliminate the excess emissions, and 
preventative measures to avoid the cause of excess emissions from 
occurring again.
    (vi) Records of all CEMS data including, as a minimum, the date, 
location, and time of sampling or measurement, parameters sampled or 
measured, and results.
    (vii) All records associated with quality assurance and quality 
control activities on each CEMS as well as other records required by 40 
CFR part 60, appendix F, Procedure 1 including, but not limited to, the 
quality control program, audit results, and reports submitted as 
required by this section.
    (viii) Records of the NOX emissions during all periods 
of BART affected unit operation, including startup, shutdown and 
malfunction in the units of the standard. The owner or operator shall 
convert the monitored data into the appropriate unit of the emission 
limitation using appropriate conversion factors and F-factors. F-
factors used for purposes of this section shall be documented in the 
monitoring plan and developed in accordance with 40 CFR part 60, 
appendix A, Method 19. The owner or operator may use an alternate 
method to calculate the NOX emissions upon written approval 
from EPA.
    (ix) Records of the SO2 emissions in lbs/MMBTUs or lbs/
hr (based on CEMS data), depending on the emission standard selected, 
during all periods of operation, including periods of startup, shutdown 
and malfunction, in the units of the standard.
    (x) Records associated with the CEMS unit including type of CEMS, 
CEMS model number, CEMS serial number, and initial certification of 
each CEMS conducted in accordance with 40 CFR part 60, appendix B, 
Performance Specification 2 must be kept for the life of the CEMS unit.
    (xi) Records of all periods of fuel oil usage as required at 
paragraph (b)(2)(vii) of this section.
    (e) Reporting requirements. (1) All requests, reports, submittals, 
notifications, and other communications to the Regional Administrator 
required by this section shall be submitted, unless instructed 
otherwise, to the Air and Radiation Division, U.S. Environmental 
Protection Agency, Region 5 (A-18J), at 77 West Jackson Boulevard, 
Chicago, Illinois 60604.
    (2) The owner or operator of each BART affected unit identified in 
this section and CEMS required by this section must provide to the 
Regional Administrator the written notifications, reports and plans 
identified at paragraphs (e)(2)(i)-(viii) of this section. If 
acceptable to both the Regional Administrator and the owner or operator 
of each BART affected unit identified in this section and CEMS required 
by this section the owner or operator may provide electronic 
notifications, reports and plans.
    (i) A notification of the date construction of control devices and 
installation of burners required by this section commences postmarked 
no later than 30 days after the commencement date.
    (ii) A notification of the date the installation of each CEMS 
required by this section commences postmarked no later than 30 days 
after the commencement date.
    (iii) A notification of the date the construction of control 
devices and installation of burners required by this section is 
complete postmarked no later than 30 days after the completion date.
    (iv) A notification of the date the installation of each CEMS 
required by this section is complete postmarked no later than 30 days 
after the completion date.
    (v) A notification of the date control devices and burners 
installed by this section startup postmarked no later than 30 days 
after the startup date.
    (vi) A notification of the date CEMS required by this section 
startup postmarked no later than 30 days after the startup date.
    (vii) A notification of the date upon which the initial CEMS 
performance evaluations are planned. This notification must be 
submitted at least 60 days before the performance evaluation is 
scheduled to begin.
    (viii) A notification of initial compliance, signed by the 
responsible official who shall certify its accuracy, attesting to 
whether the source has complied with the requirements of this section, 
including, but not limited to, applicable emission standards, control 
device and burner installations, CEMS installation and certification. 
This notification must be submitted before the close of business on the 
60th calendar day following the completion of the compliance 
demonstration and must include, at a minimum, the information at 
paragraphs (e)(2)(viii)(A)-(F) of this section.
    (A) The methods used to determine compliance.
    (B) The results of any CEMS performance evaluations, and other 
monitoring procedures or methods that were conducted.
    (C) The methods that will be used for determining continuing 
compliance, including a description of monitoring and reporting 
requirements and test methods.
    (D) The type and quantity of air pollutants emitted by the source, 
reported in units of the standard.
    (E) A description of the air pollution control equipment and 
burners installed as required by this section, for each emission point.
    (F) A statement by the owner or operator as to whether the source 
has complied with the relevant standards and other requirements.
    (3) The owner or operator must develop and implement a written 
startup, shutdown, and malfunction plan for NOX and 
SO2. The plan must include, at a minimum, procedures for 
operating and maintaining the source during periods of startup, 
shutdown, and malfunction; and a program of corrective action for a 
malfunctioning process and air pollution control and monitoring 
equipment used to comply with the relevant standard. The plan must 
ensure that, at all times, the owner or operator operates and maintains 
each affected source, including associated air pollution control and 
monitoring equipment, in a manner which satisfies the general duty to 
minimize or eliminate emissions using good air pollution control 
practices. The plan must ensure that owners or operators are prepared 
to correct malfunctions as soon as practicable after their occurrence.
    (4) The written reports of the results of each performance 
evaluation and QA/QC check in accordance with and as required by 
paragraph (c)(4)(v) of this section.
    (5) Compliance reports. The owner or operator of each BART affected 
unit must submit semiannual compliance reports. The semiannual 
compliance reports must be submitted in accordance with paragraphs 
(e)(5)(i) through (iv) of this section, unless the Administrator has 
approved a different schedule.
    (i) The first compliance report must cover the period beginning on 
the compliance date that is specified for the affected source through 
June 30 or December 31, whichever date comes first after the compliance 
date that is specified for the affected source.
    (ii) The first compliance report must be postmarked no later than 
30 calendar days after the reporting period covered by that report 
(July 30 or January 30), whichever comes first.
    (iii) Each subsequent compliance report must cover the semiannual

[[Page 64187]]

reporting period from January 1 through June 30 or the semiannual 
reporting period from July 1 through December 31.
    (iv) Each subsequent compliance report must be postmarked no later 
than 30 calendar days after the reporting period covered by that report 
(July 30 or January 30).
    (6) Compliance report contents. Each compliance report must include 
the information in paragraphs (e)(6)(i) through (vi) of this section.
    (i) Company name and address.
    (ii) Statement by a responsible official, with the official's name, 
title, and signature, certifying the truth, accuracy, and completeness 
of the content of the report.
    (iii) Date of report and beginning and ending dates of the 
reporting period.
    (iv) Identification of the process unit, control devices, and CEMS 
covered by the compliance report.
    (v) A record of each period of startup, shutdown, or malfunction 
during the reporting period and a description of the actions the owner 
or operator took to minimize or eliminate emissions arising as a result 
of the startup, shutdown or malfunction and whether those actions were 
or were not consistent with the source's startup, shutdown, and 
malfunction plan.
    (vi) A statement identifying whether there were or were not any 
deviations from the requirements of this section during the reporting 
period. If there were deviations from the requirements of this section 
during the reporting period, then the compliance report must describe 
in detail the deviations which occurred, the causes of the deviations, 
actions taken to address the deviations, and procedures put in place to 
avoid such deviations in the future. If there were no deviations from 
the requirements of this section during the reporting period, then the 
compliance report must include a statement that there were no 
deviations. For purposes of this section, deviations include, but are 
not limited to, emissions in excess of applicable emission standards 
established by this section, failure to continuously operate an air 
pollution control device in accordance with operating requirements 
designed to assure compliance with emission standards, failure to 
continuously operate CEMS required by this section, and failure to 
maintain records or submit reports required by this section.
    (7) Each owner or operator of a CEMS required by this section must 
submit quarterly excess emissions and monitoring system performance 
reports for each pollutant monitored for each BART affected unit 
monitored. All reports must be postmarked by the 30th day following the 
end of each three-month period of a calendar year (January-March, 
April-June, July-September, October-December) and must include, at a 
minimum, the requirements at paragraphs (e)(7)(i) through (xv) of this 
section.
    (i) Company name and address.
    (ii) Identification and description of the process unit being 
monitored.
    (iii) The dates covered by the reporting period.
    (iv) Total source operating hours for the reporting period.
    (v) Monitor manufacturer, monitor model number and monitor serial 
number.
    (vi) Pollutant monitored.
    (vii) Emission limitation for the monitored pollutant.
    (viii) Date of latest CEMS certification or audit.
    (ix) A description of any changes in continuous monitoring systems, 
processes, or controls since the last reporting period.
    (x) A table summarizing the total duration of excess emissions, as 
defined at paragraphs (e)(7)(x)(A) to (B) of this section, for the 
reporting period broken down by the cause of those excess emissions 
(startup/shutdown, control equipment problems, process problems, other 
known causes, unknown causes), and the total percent of excess 
emissions (for all causes) for the reporting period calculated as 
described at paragraph (e)(7)(x)(C) of this section.
    (A) For purposes of this section, an excess emission is defined as 
any 30-day or 720-hour rolling average period, including periods of 
startup, shutdown and malfunction, during which the 30-day or 720-hour 
(as appropriate) rolling average emissions of either regulated 
pollutant (SO2 and NOX), as measured by a CEMS, 
exceeds the applicable emission standards in this section.
    (B)(1) For purposes of this section, if a facility calculates a 30-
day rolling average emission rate in accordance with this section which 
exceeds the applicable emission standards of this section, then it will 
be considered 30 days of excess emissions. If the following 30-day 
rolling average emission rate is calculated and found to exceed the 
applicable emission standards of this section as well, then it will add 
one more day to the total days of excess emissions (i.e. 31 days). 
Similarly, if an excess emission is calculated for a 30-day rolling 
average period and no additional excess emissions are calculated until 
15 days after the first, then that new excess emission will add 15 days 
to the total days of excess emissions (i.e. 30 + 15 = 45). For purposes 
of this section, if an excess emission is calculated for any period of 
time within a reporting period, there will be no fewer than 30 days of 
excess emissions but there should be no more than 121 days of excess 
emissions for a reporting period.
    (2) For purposes of this section, if a facility calculates a 720-
hour rolling average emission rate in accordance with this section 
which exceeds the applicable emission standards of this section, then 
it will be considered 30 days of excess emissions. If the 24th 
following 720-hour rolling average emission rate is calculated and 
found to exceed the applicable emission standards of the rule as well, 
then it will add one more day to the total days of excess emissions 
(i.e. 31 days). Similarly, if an excess emission is calculated for a 
720-hour rolling average period and no additional excess emissions are 
calculated until 360 hours after the first, then that new excess 
emission will add 15 days to the total days of excess emissions (i.e. 
30+15 = 45). For purposes of this section, if an excess emission is 
calculated for any period of time with a reporting period, there will 
be no fewer than 30 days of excess emissions but there should be no 
more than 121 days of excess emissions for a reporting period.
    (C) For purposes of this section, the total percent of excess 
emissions will be determined by summing all periods of excess emissions 
(in days) for the reporting period, dividing that number by the total 
BART affected unit operating days for the reporting period, and then 
multiplying by 100 to get the total percent of excess emissions for the 
reporting period. An operating day, as defined previously, is any day 
during which fuel is fired in the BART affected unit for any period of 
time. Because of the possible overlap of 30-day rolling average excess 
emissions across quarters, there are some situations where the total 
percent of excess emissions could exceed 100 percent. This extreme 
situation would only result from serious excess emissions problems 
where excess emissions occur for nearly every day during a reporting 
period.
    (xi) A table summarizing the total duration of monitor downtime, as 
defined at paragraph (e)(7)(xi)(A) of this section, for the reporting 
period broken down by the cause of the monitor downtime (monitor 
equipment malfunctions, non-monitor equipment malfunctions, quality 
assurance calibration, other known causes, unknown causes), and the 
total percent of monitor downtime (for all causes) for the reporting 
period calculated as

[[Page 64188]]

described at paragraph (e)(7)(xi)(B) of this section.
    (A) For purposes of this section, monitor downtime is defined as 
any period of time (in hours) during which the required monitoring 
system was not measuring emissions from the BART affected unit. This 
includes any period of CEMS QA/QC, daily zero and span checks, and 
similar activities.
    (B) For purposes of this section, the total percent of monitor 
downtime will be determined by summing all periods of monitor downtime 
(in hours) for the reporting period, dividing that number by the total 
number of BART affected unit operating hours for the reporting period, 
and then multiplying by 100 to get the total percent of excess 
emissions for the reporting period.
    (xii) A table which identifies each period of excess emissions for 
the reporting period and includes, at a minimum, the information in 
paragraphs (e)(7)(xii)(A) through (F) of this section.
    (A) The date of each excess emission.
    (B) The beginning and end time of each excess emission.
    (C) The pollutant for which an excess emission occurred.
    (D) The magnitude of the excess emission.
    (E) The cause of the excess emission.
    (F) The corrective action taken or preventative measures adopted to 
minimize or eliminate the excess emissions and prevent such excess 
emission from occurring again.
    (xiii) A table which identifies each period of monitor downtime for 
the reporting period and includes, at a minimum, the information in 
paragraphs (e)(7)(xiii)(A) through (D) of this section.
    (A) The date of each period of monitor downtime.
    (B) The beginning and end time of each period of monitor downtime.
    (C) The cause of the period of monitor downtime.
    (D) The corrective action taken or preventative measures adopted 
for system repairs or adjustments to minimize or eliminate monitor 
downtime and prevent such downtime from occurring again.
    (xiv) If there were no periods of excess emissions during the 
reporting period, then the excess emission report must include a 
statement which says there were no periods of excess emissions during 
this reporting period.
    (xv) If there were no periods of monitor downtime, except for daily 
zero and span checks, during the reporting period, then the excess 
emission report must include a statement which says there were no 
periods of monitor downtime during this reporting period except for the 
daily zero and span checks.
    (8) The owner or operator of each CEMS required by this section 
must develop and submit for review and approval by the Regional 
Administrator a site specific monitoring plan. The purpose of this 
monitoring plan is to establish procedures and practices which will be 
implemented by the owner or operator in its effort to comply with the 
monitoring, recordkeeping and reporting requirements of this section. 
The monitoring plan must include, at a minimum, the information at 
paragraphs (e)(8)(i) through (x) of this section.
    (i) Site specific information including the company name, address, 
and contact information.
    (ii) The objectives of the monitoring program implemented and 
information describing how those objectives will be met.
    (iii) Information on any emission factors used in conjunction with 
the CEMS required by this section to calculate emission rates and a 
description of how those emission factors were determined.
    (iv) A description of methods to be used to calculate emission 
rates when CEMS data is not available due to downtime associated with 
QA/QC events.
    (v) A description of the QA/QC program to be implemented by the 
owner or operator of CEMS required by this section. This can be the QA/
QC program developed in accordance with 40 CFR part 60, Appendix F, 
Procedure 1, Section 3.
    (vi) A list of spare parts for CEMS maintained on site for system 
maintenance and repairs.
    (vii) A description of the procedures to be used to calculate 30-
day rolling averages and 720-hour rolling averages and example 
calculations which shows the algorithms used by the CEMS to calculate 
30-day rolling averages and 720-hour rolling averages.
    (viii) A sample of the document to be used for the quarterly excess 
emission reports required by this section.
    (ix) A description of the procedures to be implemented to 
investigate root causes of excess emissions and monitor downtime and 
the proposed corrective actions to address potential root causes of 
excess emissions and monitor downtime.
    (x) A description of the sampling and calculation methodology for 
determining the percent sulfur by weight as a monthly block average for 
coal used during that month.
    (f) Equations for Establishing the Upper Predictive Limit
    (1) Equation for Normal Distribution and Statistically Independent 
Data
[GRAPHIC] [TIFF OMITTED] TP22OC15.004

Where:

x = average or mean of test run data;
t[(n - 1),(0.95)] = t score, the one-tailed t 
value of the Student's t distribution for a specific degree of 
freedom (n - 1)and a confidence level (0.95; 0.99 for Tilden 
SO2)
s2 = variance of the dataset;
n = number of values
m = number of values used to calculate the test average (m = 720 as 
per averaging time)

    (2)(i) To determine if statistically independent, use the Rank von 
Neumann Test on p. 137 of data Quality Assessment: Statistical Methods 
for Practitioners EPA QA/G-9S.
    (ii) Alternative to Rank von Neumann test to determine if data are 
dependent, data are dependent if t test value is greater than t 
critical value, where:
[GRAPHIC] [TIFF OMITTED] TP22OC15.005


[[Page 64189]]


[rho] = correlation between data points
t critical = t[(n - 2),(0.95)] = t score, the 
two-tailed t value of the Student's t distribution for a specific 
degree of freedom (n - 2) and a confidence level (0.95)

    (3) If data are dependent then use the following equation.
    Equation for Normal Distribution and Data not Statistically 
Independent
[GRAPHIC] [TIFF OMITTED] TP22OC15.006

Where:
[rho] = correlation between data points

    (4) Non-parametric Equations for Data Not Normally Distributed

m = (n + 1) * [alpha]

m = the rank of the ordered data point, when data is sorted smallest 
to largest
n = number of data points
[alpha] = 0.95, to reflect the 95th percentile

    If m is a whole number, then the limit, UPL, shall be computed as:

UPL = Xm

Where:
Xm = value of the mth data point in terms of lbs SO2/hr 
or lbs NOX/MMBtu, when the data is sorted smallest to 
largest.

    If m is not a whole number, the limit shall be computed by linear 
interpolation according to the following equation.

UPL = xm = xmimd = xmi + 0.md (xmi+1 - xmi)

Where:

mi = the integer portion of m, i.e., m truncated at zero decimal 
places, and
md = the decimal portion of m
* * * * *
[FR Doc. 2015-25023 Filed 10-21-15; 8:45 am]
BILLING CODE 6560-50-P



                                                                                                       Vol. 80                           Thursday,
                                                                                                       No. 204                           October 22, 2015




                                                                                                       Part III


                                                                                                       Environmental Protection Agency
                                                                                                       40 CFR Part 52
                                                                                                       Air Plan Approval; Minnesota and Michigan; Revision to Taconite Federal
                                                                                                       Implementation Plan; Proposed Rule
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                                                 64160                 Federal Register / Vol. 80, No. 204 / Thursday, October 22, 2015 / Proposed Rules

                                                 ENVIRONMENTAL PROTECTION                                received will be included in the public               60604, (312) 886–6052,
                                                 AGENCY                                                  docket without change and may be                      rosenthal.steven@epa.gov.
                                                                                                         made available online at                              SUPPLEMENTARY INFORMATION:
                                                 40 CFR Part 52                                          www.regulations.gov, including any                    Throughout this document whenever
                                                 [EPA–R05–OAR–2015–0196; FRL–9934–15–                    personal information provided, unless                 ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
                                                 Region 5]                                               the comment includes information                      EPA. This notice is arranged as follows:
                                                                                                         claimed to be Confidential Business
                                                                                                                                                               I. What should I consider as I prepare my
                                                 Air Plan Approval; Minnesota and                        Information (CBI) or other information                      comments for EPA?
                                                 Michigan; Revision to Taconite Federal                  whose disclosure is restricted by statute.            II. What action is EPA taking?
                                                 Implementation Plan                                     Do not submit information that you                    III. Background
                                                                                                         consider to be CBI or otherwise                       IV. Petitions for Reconsideration of 2013
                                                 AGENCY:  Environmental Protection                       protected through www.regulations.gov                       Taconite FIP
                                                 Agency (EPA).                                           or email. The www.regulations.gov Web                 V. EPA’s Basis for Granting Reconsideration
                                                 ACTION: Proposed rule.                                  site is an ‘‘anonymous access’’ system,               VI. Basis for Proposed Revisions to 2013
                                                                                                         which means EPA will not know your                          Taconite FIP Requirements
                                                 SUMMARY:    The Environmental Protection                                                                      VII. Statutory and Executive Order Reviews
                                                 Agency (EPA) is proposing revisions to                  identity or contact information unless
                                                 a Federal implementation plan (FIP)                     you provide it in the body of your                    I. What should I consider as i prepare
                                                 addressing the requirement for best                     comment. If you send an email                         my comments for EPA?
                                                 available retrofit technology (BART) for                comment directly to EPA without going
                                                                                                                                                                  When submitting comments,
                                                 taconite plants in Minnesota and                        through www.regulations.gov your email
                                                                                                                                                               remember to:
                                                 Michigan. In response to petitions for                  address will be automatically captured                   1. Identify the rulemaking by docket
                                                 reconsideration, we are proposing to                    and included as part of the comment                   number and other identifying
                                                 revise the nitrogen oxides (NOX) limits                 that is placed in the public docket and               information (subject heading, Federal
                                                 for taconite furnaces at facilities owned               made available on the Internet. If you                Register date, and page number).
                                                 and operated by Cliffs Natural                          submit an electronic comment, EPA                        2. Follow directions—The EPA may
                                                 Resources (Cliffs) and ArcelorMittal                    recommends that you include your                      ask you to respond to specific questions
                                                 USA LLC (ArcelorMittal). We are also                    name and other contact information in                 or organize comments by referencing a
                                                 proposing to revise the sulfur dioxide                  the body of your comment and with any                 Code of Federal Regulations (CFR) part
                                                 (SO2) requirements at two of Cliffs’                    disk or CD–ROM you submit. If EPA                     or section number.
                                                 facilities. We are proposing these                      cannot read your comment due to                          3. Explain why you agree or disagree;
                                                 changes because new information has                     technical difficulties and cannot contact             suggest alternatives and substitute
                                                 come to light that was not available                    you for clarification, EPA may not be                 language for your requested changes.
                                                 when we originally promulgated the FIP                  able to consider your comment.                           4. Describe any assumptions and
                                                 on February 6, 2013.                                    Electronic files should avoid the use of              provide any technical information and/
                                                                                                         special characters, any form of                       or data that you used.
                                                 DATES: Comments must be received on
                                                                                                         encryption, and be free of any defects or                5. If you estimate potential costs or
                                                 or before November 23, 2015.
                                                                                                         viruses. For additional instructions on               burdens, explain how you arrived at
                                                 ADDRESSES: Submit your comments,                        submitting comments, go to Section I of
                                                 identified by Docket ID No. EPA–R05–                                                                          your estimate in sufficient detail to
                                                                                                         the SUPPLEMENTARY INFORMATION section                 allow for it to be reproduced.
                                                 OAR–2015–0196, by one of the                            of this document.
                                                 following methods:                                                                                               6. Provide specific examples to
                                                                                                            Docket: All documents in the docket                illustrate your concerns, and suggest
                                                    1. www.regulations.gov: Follow the
                                                                                                         are listed in the www.regulations.gov                 alternatives.
                                                 on-line instructions for submitting
                                                                                                         index. Although listed in the index,                     7. Explain your views as clearly as
                                                 comments.
                                                                                                         some information is not publicly                      possible, avoiding the use of profanity
                                                    2. Email: aburano.douglas@epa.gov.
                                                    3. Fax: (312) 408–2279.                              available, e.g., CBI or other information             or personal threats.
                                                    4. Mail: Douglas Aburano, Chief,                     whose disclosure is restricted by statute.               8. Make sure to submit your
                                                 Attainment Planning and Maintenance                     Certain other material, such as                       comments by the comment period
                                                 Section, Air Programs Branch (AR–18J),                  copyrighted material, will be publicly                deadline identified.
                                                 U.S. Environmental Protection Agency,                   available only in hard copy. Publicly
                                                                                                         available docket materials are available              II. What action is EPA taking?
                                                 77 West Jackson Boulevard, Chicago,
                                                 Illinois 60604.                                         either electronically in                                On February 6, 2013, EPA
                                                    5. Hand Delivery: Douglas Aburano,                   www.regulations.gov or in hard copy at                promulgated a FIP that included BART
                                                 Chief, Attainment Planning and                          the Environmental Protection Agency,                  limits for certain taconite furnaces in
                                                 Maintenance Section, Air Programs                       Region 5, Air and Radiation Division, 77              Minnesota and Michigan (2013 Taconite
                                                 Branch (AR–18J), U.S. Environmental                     West Jackson Boulevard, Chicago,                      FIP; 78 FR 8706). EPA is proposing to
                                                 Protection Agency, 77 West Jackson                      Illinois 60604. This facility is open from            revise the 2013 Taconite FIP with
                                                 Boulevard, Chicago, Illinois 60604.                     8:30 a.m. to 4:30 p.m., Monday through                respect to the BART emission
                                                 Such deliveries are only accepted                       Friday, excluding Federal holidays. We                limitations and compliance schedules
                                                 during the Regional Office normal hours                 recommend that you telephone Steven                   for the following taconite plants: United
                                                 of operation, and special arrangements                  Rosenthal at (312) 886–6052 before                    Taconite, Hibbing Taconite, Tilden
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                                                 should be made for deliveries of boxed                  visiting the Region 5 office.                         Mining, and ArcelorMittal Minorca
                                                 information. The Regional Office official               FOR FURTHER INFORMATION CONTACT:                      Mine. Cliffs is the owner and operator
                                                 hours of business are Monday through                    Steven Rosenthal, Environmental                       of the United Taconite and Tilden
                                                 Friday, 8:30 a.m. to 4:30 p.m., excluding               Engineer, Attainment Planning &                       Mining facilities and part owner and
                                                 Federal holidays.                                       Maintenance Section, Air Programs                     operator of Hibbing Taconite.
                                                    Instructions: Direct your comments to                Branch (AR–18J), U.S. Environmental                   ArcelorMittal is the owner and operator
                                                 Docket ID Nos. EPA–R05–OAR–2015–                        Protection Agency, Region 5, 77 West                  of the Minorca Mine facility and a part
                                                 0196. EPA’s policy is that all comments                 Jackson Boulevard, Chicago, Illinois                  owner of the Hibbing Taconite facility.


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                                                                       Federal Register / Vol. 80, No. 204 / Thursday, October 22, 2015 / Proposed Rules                                               64161

                                                 Specifically, EPA is proposing to revise                 necessary to make reasonable progress                      to what is required by the Regional Haze
                                                 the NOX limits and compliance                            toward the natural visibility goal,                        Rule, general SIP requirements mandate
                                                 schedules for these four facilities and is               including a requirement that certain                       that the SIP or FIP include all regulatory
                                                 also proposing to revise the SO2                         categories of existing major stationary                    requirements related to monitoring,
                                                 requirements for Tilden Mining and                       sources 2 built between 1962 and 1977                      recordkeeping, and reporting for the
                                                 United Taconite.                                         procure, install, and operate the ‘‘Best                   BART controls on the source. See CAA
                                                                                                          Available Retrofit Technology’’ as                         section 110(a).
                                                 III. Background
                                                                                                          determined by EPA. Under the Regional                      C. Regulatory and Legal History of the
                                                 A. Requirements of the Clean Air Act                     Haze Rule, states (or in the case of a FIP,                2013 Taconite FIP
                                                 and EPA’s Regional Haze Rule                             EPA) are directed to conduct BART
                                                                                                          determinations for such ‘‘BART-                               On February 6, 2013, EPA
                                                    In section 169A of the 1977
                                                                                                          eligible’’ sources that may reasonably be                  promulgated a FIP (78 FR 8706) that
                                                 Amendments to the Clean Air Act
                                                                                                          anticipated to cause or contribute to any                  included BART limits for taconite
                                                 (CAA), Congress created a program for
                                                                                                          visibility impairment in a Class I area.                   furnaces subject to BART in Minnesota
                                                 protecting visibility in the nation’s
                                                                                                             On July 6, 2005, EPA published the                      and Michigan. EPA took this action
                                                 national parks and wilderness areas.
                                                                                                          Guidelines for BART Determinations                         because Minnesota and Michigan had
                                                 This section of the CAA establishes as
                                                                                                          Under the Regional Haze Rule at                            failed to meet a statutory deadline to
                                                 a national goal the ‘‘prevention of any
                                                                                                          appendix Y to 40 CFR part 51                               submit their Regional Haze SIPs and
                                                 future, and the remedying of any
                                                                                                          (hereinafter referred to as the ‘‘BART                     subsequently failed to require BART at
                                                 existing, impairment of visibility in
                                                                                                          Guidelines’’) to assist states and EPA in                  the taconite facilities. Cliffs,
                                                 mandatory Class I Federal areas 1 which
                                                                                                          determining which sources should be                        ArcelorMittal, and the State of Michigan
                                                 impairment results from manmade air
                                                                                                          subject to the BART requirements and                       petitioned the Eighth Circuit Court of
                                                 pollution.’’ Congress added section
                                                                                                          in determining appropriate emission                        Appeals for review of the FIP, and, on
                                                 169B to the CAA in 1990 to address
                                                                                                          limits for each applicable source. 70 FR                   May 17, 2013, Cliffs and ArcelorMittal
                                                 regional haze issues. EPA promulgated
                                                                                                          39104.                                                     filed a joint motion for stay of the final
                                                 a rule to address regional haze on July
                                                                                                             The process of establishing BART                        rule, which was granted by the Eighth
                                                 1, 1999. 64 FR 35714 (July 1, 1999),
                                                                                                          emission limitations follows three steps:                  Circuit on June 14, 2013, and is still in
                                                 codified at 40 CFR part 51, subpart P
                                                                                                          First, identify those sources which meet                   effect.
                                                 (herein after referred to as the ‘‘Regional                                                                            EPA received petitions for
                                                 haze Rule’’). The Regional Haze Rule                     the definition of ‘‘BART-eligible source’’
                                                                                                                                                                     reconsideration of the 2013 Taconite FIP
                                                 revised the existing visibility                          set forth in 40 CFR 51.301; 3 second,
                                                                                                                                                                     from the National Mining Association
                                                 regulations to add provisions addressing                 determine which of these sources                           on March 8, 2013, ArcelorMittal on
                                                 regional haze impairment and                             ‘‘emits any air pollutant which may                        March 22, 2013, the State of Michigan
                                                 established a comprehensive visibility                   reasonably be anticipated to cause or                      on April 1, 2013, Cliffs on April 3, 2013,
                                                 protection program for Class I areas. The                contribute to any impairment of                            Congressman Richard M. Nolan on
                                                 requirements for regional haze, found at                 visibility in any such area’’ (a source                    April 8, 2013, the State of Minnesota on
                                                 40 CFR 51.308 and 51.309, are included                   which fits this description is ‘‘subject to                April 8, 2013, and United States Steel
                                                 in EPA’s visibility protection                           BART’’); and third, for each source                        Corporation (U.S. Steel) on November
                                                 regulations at 40 CFR 51.300–309.                        subject to BART, identify the best                         26, 2013.
                                                 B. Best Available Retrofit Technology                    available type and level of control for                       In a related action, EPA published a
                                                 (BART)                                                   reducing emissions.                                        final partial disapproval of the Michigan
                                                                                                             States, or EPA if developing a FIP,                     and Minnesota Regional Haze SIPs on
                                                   Section 169A of the CAA directs                        must address all visibility-impairing                      September 30, 2013 (78 FR 59825), for
                                                 states, or EPA if developing a FIP, to                   pollutants emitted by a source in the
                                                 evaluate the use of retrofit controls at                                                                            failure to require BART for SO2 and
                                                                                                          BART determination process. The most                       NOX emissions from taconite furnaces
                                                 certain larger, often uncontrolled, older                significant visibility impairing
                                                 stationary sources in order to address                                                                              subject to BART. By petitions dated
                                                                                                          pollutants are SO2, NOX, and particulate                   November 26, 2013, Cliffs and U.S. Steel
                                                 visibility impacts from these sources.                   matter (PM).
                                                 Specifically, section 169A(b)(2)(A) of                                                                              petitioned EPA pursuant to section
                                                                                                             A state implementation plan (SIP) or                    307(d)(7)(B) of the CAA for
                                                 the CAA requires EPA to develop a FIP                    FIP addressing regional haze must
                                                 that contains such measures as may be                                                                               reconsideration of EPA’s partial
                                                                                                          include source-specific BART emission                      disapproval of the Michigan and
                                                    1 Areas designated as mandatory Class I Federal
                                                                                                          limits and compliance schedules for                        Minnesota Regional Haze SIPs. Further,
                                                 areas consist of national parks exceeding 6000
                                                                                                          each source subject to BART. Once a                        Cliffs, ArcelorMittal, Michigan and U.S.
                                                 acres, wilderness areas and national memorial parks      state or EPA has made a BART                               Steel petitioned the Eight Circuit Court
                                                 exceeding 5000 acres, and all international parks        determination, the BART controls must                      of Appeals for review of the final rule
                                                 that were in existence on August 7, 1977. 42 U.S.C.      be installed and operated as
                                                 7472(a). In accordance with section 169A of the                                                                     partially disapproving the Michigan and
                                                 CAA, EPA, in consultation with the Department of         expeditiously as practicable, but no later                 Minnesota Regional Haze SIPs.
                                                 Interior, promulgated a list of 156 areas where          than five years after the date of the final                   EPA subsequently reached a
                                                 visibility is identified as an important value. 44 FR    SIP or FIP. See CAA section 169A(g)(4)                     settlement agreement with Cliffs,
                                                 69122 (November 30, 1979). The extent of a               and 40 CFR 51.308(e)(1)(iv). In addition
                                                 mandatory Class I area includes subsequent changes                                                                  ArcelorMittal, and Michigan regarding
                                                 in boundaries, such as park expansions. 42 U.S.C.                                                                   issues raised by these parties in their
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                                                                                                             2 The set of ‘‘major stationary sources’’ potentially
                                                 7472(a). Although states and tribes may designate                                                                   petitions for review and
                                                 as Class I additional areas which they consider to       subject to BART is listed in CAA section 169A(g)(7),
                                                                                                          and includes ‘‘taconite ore processing facilities.’’       reconsideration. Notice of the settlement
                                                 have visibility as an important value, the
                                                 requirements of the visibility program set forth in         3 BART-eligible sources are those sources that          was published in the Federal Register
                                                 section 169A of the CAA apply only to ‘‘mandatory        have the potential to emit 250 tons or more of a           on January 30, 2015 (80 FR 5111), and
                                                 Class I Federal areas.’’ Each mandatory Class I          visibility-impairing air pollutant, were not in            the settlement agreement was fully
                                                 Federal area is the responsibility of a ‘‘Federal Land   operation prior to August 7, 1962, but were in
                                                 Manager.’’ 42 U.S.C. 7602(i). When we use the term       existence on August 7, 1977, and whose operations
                                                                                                                                                                     executed on April 9, 2015. Pursuant to
                                                 ‘‘Class I area’’ in this action, we mean a ‘‘mandatory   fall within one or more of 26 specifically listed          the settlement agreement, EPA granted
                                                 Class I Federal area.’’                                  source categories. 40 CFR 51.301.                          partial reconsideration of the 2013


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                                                 64162                       Federal Register / Vol. 80, No. 204 / Thursday, October 22, 2015 / Proposed Rules

                                                 Taconite FIP on July 2, 2015, based on                               more than one affected process line to                          only issue a FIP after it has fully and
                                                 new information raised in Cliffs,                                    provide adequate time for MPCA to                               properly evaluated the SIP, found it to
                                                 ArcelorMittal, and Michigan’s petitions                              issue the required air quality permits.                         be deficient, and provided a reasonable
                                                 for reconsideration. EPA did not grant                                  5. Cliffs petitioned for reconsideration                     opportunity for the state to address
                                                 reconsideration of the 2013 SIP                                      because of perceived procedural defects                         EPA’s concerns. ArcelorMittal also
                                                 disapprovals because EPA continues to                                in EPA’s decision to issue the FIP rule                         raised the following technical issues in
                                                 believe that BART for taconite plants                                while it was simultaneously evaluating                          the attachment to its petition for
                                                 involves significant reductions of NOX                               Minnesota and Michigan’s SIPs. Cliffs                           reconsideration: (1) The costs of LNBs,
                                                 and SO2 emissions that were not                                      also raised technical issues based on                           (2) the lack of any existing straight-grate
                                                 required in the Michigan and Minnesota                               new information not available at the                            furnaces with LNB technology and the
                                                 SIPs.                                                                time EPA promulgated the 2013 FIP.                              resulting unwillingness of vendors to
                                                                                                                      These technical issues included the                             provide performance guarantees, (3)
                                                 IV. Petitions for Reconsideration of
                                                                                                                      following: (a) The FIP imposed a new                            significant production losses because of
                                                 2013 Taconite FIP
                                                                                                                      0.60% sulfur limit on coal combusted at                         the downtime resulting from installation
                                                 A. Summary of Petitions for                                          United Taconite that was not proposed                           and adjustment of LNBs at Hibbing, and
                                                 Reconsideration                                                      and was inappropriate because it would                          (4) energy penalties due to the need for
                                                    1. National Mining Association                                    require the use of a new type of coal that                      25% more natural gas at Hibbing and
                                                 petitioned for reconsideration because                               the facility is not designed to handle, (b)                     10% to 20% more natural gas at
                                                 EPA promulgated the 2013 FIP before                                  the 2013 FIP restricts Tilden to                                Minorca to operate the LNBs.
                                                 finalizing its disapproval of the                                    combusting natural gas instead of coal,                            7. U.S. Steel petitioned for
                                                 Michigan and Minnesota regional haze                                 and (c) installation of LNBs will require                       reconsideration because it had obtained
                                                 SIPs.                                                                a minimum of 34 months for the first                            new information showing that
                                                    2. Michigan Department of                                         straight-grate furnace and a minimum of                         variations in kiln configuration may
                                                 Environmental Quality (MDEQ)                                         39 months for the first grate kiln                              have a substantial impact on the cost
                                                 petitioned for reconsideration because,                              furnace, instead of the 26 months                               and performance of LNBs installed on
                                                 in its view: (1) There was no                                        provided in the original 2013 FIP                               grate-kiln furnaces. In its November 26,
                                                 information available prior to the close                             compliance schedule. Cliffs also                                2013 petition for reconsideration of the
                                                 of Michigan’s public comment period                                  provided additional evidence that, in its                       September 30, 2013 partial disapproval
                                                 on June 23, 2010, indicating that low                                view, indicates that installation and                           of the Michigan and Minnesota regional
                                                 NOX burners (LNBs) had been                                          operation of LNBs would be more costly                          haze SIPs, Cliffs referenced U.S. Steel’s
                                                 successfully utilized on indurating                                  and would require more time to install                          petition for reconsideration in which it
                                                 furnaces; (2) the FIP schedule for                                   than EPA estimated, including (1)                               cited concerns related to the high costs
                                                 compliance did not provide sufficient                                estimates by furnace engineers and                              and energy penalties associated with the
                                                 time for the permitting process                                      burner manufacturers that LNB capital                           installation of LNBs, as well as pellet
                                                 necessary for the installation of the                                costs for Cliffs’ furnaces will be a                            quality issues.
                                                 LNBs; and (3) EPA had not followed                                   minimum of 4–5 times higher than
                                                                                                                                                                                      B. Issues for Which EPA Has Granted
                                                 proper procedure by finalizing the FIP                               EPA’s Minntac-based cost estimate,(2)
                                                                                                                                                                                      Reconsideration
                                                 for Tilden while at the same time asking                             estimates by Cliffs’ furnace designer,
                                                 for additional comment on the SIP                                    Metso Minerals (Metso), and burner                                EPA believes that the new
                                                 disapproval for Tilden.                                              manufacturer, Fives North America                               information contained in the petitions
                                                    3. Congressman Richard M. Nolan                                   (Fives), that there would be an energy                          for reconsideration, as well as other
                                                 petitioned for reconsideration because,                              penalty of 20–40% while operating the                           supporting information provided by
                                                 in his view: (1) New information came                                LNBs, and (3) an analysis by Metso                              Cliffs, represents significant new
                                                 to his attention concerning the accuracy                             indicating that Cliffs would lose                               information that warrants
                                                 of EPA’s visibility modeling; (2) the                                approximately $195 million in                                   reconsideration of many of the emission
                                                 feasibility of LNB technology was not                                production costs across its six lines                           limits that EPA promulgated for the
                                                 established at the time EPA intervened                               because installing LNB cannot be                                taconite facilities in 2013. As a result,
                                                 in the process; and (3) it was doubtful                              accomplished within normal annual                               on July 2, 2015, EPA sent letters to
                                                 that LNBs could be successfully                                      outage time and will also impair                                Cliffs, ArcelorMittal, and Michigan
                                                 installed and operated in the 26 months                              production during the shakedown                                 granting portions of their petitions for
                                                 called for in the FIP.                                               period after installation.                                      reconsideration. Specifically, EPA is
                                                    4. Minnesota Pollution Control                                       6. ArcelorMittal petitioned for                              granting reconsideration, pursuant to
                                                 Agency (MPCA) petitioned for                                         reconsideration because of perceived                            section 307(d)(7)(b) of the CAA, of the
                                                 reconsideration of the compliance                                    procedural defects in EPA’s decision to                         NOX and SO2 emission limits for the
                                                 schedules in the FIP and asked for a 10-                             finalize the 2013 Taconite FIP while                            grate-kiln furnaces and the NOX
                                                 month extension of the compliance                                    still working to evaluate Minnesota’s                           emission limits for the straight-grate
                                                 deadlines for affected facilities with                               SIP. ArcelorMittal claimed that EPA can                         furnaces listed in the following table.

                                                                          State                                               Facility—owner                                                Unit(s)                              Pollutant(s)
tkelley on DSK3SPTVN1PROD with PROPOSALS2




                                                 Minnesota ................................................    United Taconite—Cliffs ..........................      Grate-Kiln Lines 1 and 2 ........................        NOX and SO2.
                                                 Minnesota ................................................    Minora Mine—ArcelorMittal ....................         Straight-Grate Line 1 .............................      NOX.
                                                 Minnesota ................................................    Hibbing Taconite—Cliffs (operator and                  Straight-Grate Lines 1–3 ........................        NOX.
                                                                                                                  part owner).
                                                                                                               ArcelorMittal (part owner)
                                                                                                               U.S. Steel (part owner)
                                                 Michigan ..................................................   Tilden Mining—Cliffs ..............................    Grate-Kiln Line 1 ....................................   NOX and SO2.




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                                                                       Federal Register / Vol. 80, No. 204 / Thursday, October 22, 2015 / Proposed Rules                                         64163

                                                    The U.S. taconite iron ore industry                  to serious technical hurdles. In addition,               Cliffs submitted a declaration by Eric
                                                 uses two types of pelletizing machines                  we granted reconsideration of the SO2                 Wagner (of Metso) dated November 26,
                                                 or processes: Straight-grate kilns and                  limits for the United Taconite and                    2013, which describes the differences
                                                 grate-kilns. In a straight-grate kiln, a                Tilden grate-kilns because of                         relevant to NOX emissions between US
                                                 continuous bed of agglomerated green                    information that became available after               Steel’s Minntac furnaces 6 and 7, upon
                                                 pellets is carried through different                    the close of the public comment period                which the 2013 Taconite FIP NOX limits
                                                 temperature zones with upward draft or                  regarding the inability of United                     were based, and Cliffs’ grate-kiln
                                                 downward draft blown through the                        Taconite to handle and burn very low                  furnaces at United Taconite. The
                                                 pellets on the metal grate. The grate-kiln              sulfur coal and Tilden’s intent to burn               declaration describes several differences
                                                 system consists of a traveling grate, a                 mixed fuels.                                          that EPA believes are relevant to the
                                                 rotary kiln, and an annular cooler. A                     In determining whether to grant                     development of BART NOX emission
                                                 significant difference between these                    reconsideration of certain provisions of              limits. For example, whereas United
                                                 designs is that straight-grate kilns do not             the 2013 Taconite FIP, the requirements               Taconite uses a single large kiln burner,
                                                 burn coal and therefore have a much                     of section 307(d)(7)(B) of the CAA                    Minntac furnaces 6 and 7 operate
                                                 lower potential for emitting SO2.                       apply. Section 307(d)(7)(B) provides a                preheat burners, which supply about
                                                 Further, even within the same kiln type                 two-step test to determine whether                    one-third of the heat input from fuel, in
                                                 or process, individual (referred to as                  reconsideration should be granted. The                addition to a large kiln burner. The
                                                 indurating or pelletizing) furnaces or                  petitioner must first show that it was                smaller preheat burners at Minntac
                                                 processes have distinct equipment and                   impracticable to raise the comment or                 achieve very low NOX rates (0.1–0.3 lbs/
                                                 process characteristics that may affect                                                                       MMBtu) due to a more favorable NOX
                                                                                                         objection within the time period for
                                                 the compatibility and performance of                                                                          reduction combustion environment in
                                                                                                         public comment of the rule, or, that the
                                                 certain types of burners. The differences                                                                     the preheat zone as compared to the
                                                                                                         grounds for the comment or objection
                                                 between these kilns and processes form                                                                        firing end of the kiln. Correspondingly,
                                                                                                         arose after the period for public
                                                 a key basis for the changes to the                                                                            the lower NOX emissions from the
                                                                                                         comment. Secondly, the petitioner must
                                                 emissions limits proposed in this action.                                                                     preheaters result in a lower combined
                                                                                                         show that the comment or objection is
                                                    EPA is not reconsidering all elements                                                                      NOX emission rate than the emissions
                                                                                                         of ‘‘central relevance to the outcome of
                                                 of its 2013 FIP. The 2013 FIP contains                                                                        arising from a large single kiln LNB.
                                                                                                         the rule.’’                                              Another example in the declaration
                                                 SO2 and NOX limits for U.S. Steel’s
                                                                                                           Cliffs and ArcelorMittal provided                   notes that the ore processed at the
                                                 Minntac and Keetac taconite furnaces in
                                                                                                         significant new information in their                  facilities is different, resulting in
                                                 Minnesota. EPA has not granted U.S.
                                                                                                         petitions for reconsideration and                     different heat values. U.S. Steel’s
                                                 Steel’s petition and is not proposing any
                                                                                                         supplemental submittals directly                      Minntac facility processes an ore high in
                                                 revisions of the BART limits for these
                                                                                                         relevant to the outcome of the 2013                   magnetite that contributes heat to the
                                                 U.S. Steel facilities at this time. Also,
                                                                                                         Taconite FIP. The following discussion                kiln when oxidized. Correspondingly,
                                                 EPA is not reconsidering the NOX limits
                                                                                                         details the new information upon which                by processing high magnetite ore at
                                                 at Cliffs’ Northshore taconite plant
                                                                                                         EPA is relying to base reconsideration of             Minntac furnaces 6 and 7, U.S. Steel is
                                                 because this facility is already
                                                                                                         the BART emission limits and                          able to effectively use ported kilns to
                                                 complying with the 1.2 pounds per
                                                                                                         compliance schedules for these                        maximize the benefit of the ore. Ported
                                                 million Btu (lb/mmBtu) NOX limit in
                                                                                                         facilities, and how the information                   kilns allow the introduction of
                                                 the 2013 FIP. Finally, EPA is not
                                                                                                         meets the criteria of section 307(d)(7)(B)            additional air directly to the kilns which
                                                 reconsidering the SO2 limits at the
                                                                                                         of the CAA.                                           helps oxidize the high magnetite ore,
                                                 Hibbing, ArcelorMittal, or Northshore
                                                                                                                                                               and changes the heat balance of the
                                                 straight-grate furnaces.                                A. United Taconite
                                                                                                                                                               furnace. In contrast, United Taconite
                                                 V. EPA’s Basis for Granting                             1. NOX Emission Limit                                 processes ores with a lower
                                                 Reconsideration                                                                                               concentration of magnetite than the ore
                                                                                                            EPA determined the NOX emission                    processed at Minntac, and
                                                   The 2013 Taconite FIP established                     limits for BART in the 2013 Taconite
                                                 BART NOX limits for all straight-grate                                                                        correspondingly, cannot effectively use
                                                                                                         FIP primarily from data arising from the              ported kilns. Because ported kilns
                                                 and grate-kiln taconite furnaces. The                   installation of high-stoich LNBs at U.S.
                                                 limits are 1.2 lbs NOX/MMBtu when                                                                             change the heat balance of the furnace,
                                                                                                         Steel Minntac’s furnaces 6 and 7.                     U.S Steel’s experience with high-stoich
                                                 burning natural gas and 1.5 lbs/MMBtu                   Although the United Taconite furnaces                 LNBs at the Minntac furnaces may not
                                                 when burning a gas/coal mix. These                      and the Minntac furnaces are all grate-               be directly applicable to the United
                                                 limits were based upon the performance                  kiln furnaces, Cliffs provided new                    Taconite furnaces.
                                                 of high stoichiometric (high-stoich)                    information after the close of the                       A final example from the declaration
                                                 LNBs 4 at two of U.S. Steel Minntac’s                   comment period that described various                 states that the application of high-stoich
                                                 grate-kilns. As explained in more detail                differences between the furnaces. These               LNB technology at United Taconite
                                                 below, we granted reconsideration of                    differences included the structure of the             would require additional air to reduce
                                                 the NOX limits for the United Taconite                  kiln, the use of pre-heaters, and the                 burner flame temperature, which would
                                                 and Tilden grate-kilns, as well as for the              types of ore and pellets processed. Cliffs            result in increased airflow through the
                                                 Hibbing and ArcelorMittal straight-grate                indicated that because of these                       grate drying section and increased
                                                 kilns, because information that became                  differences, the installation of high-                pressure drop across the greenballs,
tkelley on DSK3SPTVN1PROD with PROPOSALS2




                                                 available after the close of the public                 stoich LNBs at United Taconite would                  which are the raw feed to the indurating
                                                 comment period (September 28, 2012)                     likely result in the impairment of pellet             furnace. This higher bed pressure would
                                                 suggests that the installation of high-                 quality and production, as well as                    result in deformed pellets, reduced
                                                 stoich LNBs at these furnaces could lead                increased fuel usage and emissions.                   pellet quality, and lost production.
                                                   4 Stoichiometry refers to the relationship between
                                                                                                         Cliffs subsequently provided modeling                 Further, the increased air flow would
                                                 the actual quantity of combustion air to the
                                                                                                         analyses that detailed the impacts                    also likely cause pellet breakage that
                                                 theoretical minimum quantity of air needed for 100      arising from the installation of high-                would reduce production. The
                                                 percent combustion of the fuel.                         stoich LNBs at United Taconite.                       declaration notes that to avoid these


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                                                 64164                 Federal Register / Vol. 80, No. 204 / Thursday, October 22, 2015 / Proposed Rules

                                                 impacts, United Taconite likely would                   outcome of the 2013 Taconite FIP. EPA                 B. Tilden
                                                 have to limit the dryer section air flow                extensively based its NOX BART
                                                                                                                                                               1. NOX Emission Limit
                                                 and drying rate by reducing the amount                  analysis on the results arising from the
                                                 of recovered heat from the cooler.                      installation of high-stoich LNBs at U.S.                 EPA determined the NOX emission
                                                 However, any unrecovered heat would                     Steel’s Minntac furnaces 6 and 7. Step                limits for BART in the 2013 Taconite
                                                 have to be replaced with additional heat                one of a BART analysis requires the                   FIP primarily from data arising from the
                                                 from the burner, with corresponding                     identification of all available retrofit              installation of high-stoich LNBs at U.S.
                                                 increased fuel usage and emissions.                     control technologies. Step two of a                   Steel’s Minntac furnaces 6 and 7.
                                                    Subsequent to the submission of the                  BART analysis requires the elimination                Although the Tilden furnace and the
                                                 declaration, Cliffs provided a modeling                 of technically infeasible control                     Minntac furnaces are all grate-kiln
                                                 analysis that supported the information                 technologies. The new information                     furnaces, Cliffs provided new
                                                 provided in the declaration. A report by                provided by Cliffs directly bears on the              information after the close of the
                                                 Metso dated August 7, 2014, entitled                    evaluation of the selection and                       comment period that described various
                                                 ‘‘Technical Analysis for applying LNB                   feasibility of high-stoich LNBs for use in            differences between the furnaces. These
                                                 technology to (United Taconite) UTAC                    the grate-kiln indurating furnaces at the             differences included the structure of the
                                                 Line 2 Grate-Kiln,’’ provides a detailed                United Taconite facility. On this basis,              kiln, the use of pre-heaters, and the ore
                                                 analysis of expected impacts from using                 we granted reconsideration of the NOX                 and pellet types processed. Cliffs
                                                 high-stoich LNBs on pellet quality, fuel                determination for United Taconite                     indicated that because of these
                                                 usage, and emissions. Metso analyzed                    (Lines 1 and 2) and for the                           differences, the installation of high-
                                                 the effects of LNB technology on the                    corresponding emission limits and                     stoich LNBs at Tilden would likely
                                                 United Taconite Line 2 Grate-Kiln by                    compliance schedule.                                  result in the impairment of pellet
                                                 using simulation modeling in which                                                                            quality and production, as well as
                                                 Metso compared Line 2’s normal                          2. SO2 Emission Limit                                 increased fuel usage and emissions.
                                                 operating conditions, which result in                      The 2013 Taconite FIP set a 0.60%                  Cliffs subsequently provided a modeling
                                                 the production of quality pellets, with                 sulfur limit on coal combusted at United              analysis that detailed the impacts
                                                 simulations performed using high-stoich                 Taconite. We promulgated this limit in                arising from the installation of high-
                                                 LNBs (which are the basis of the 2013                   response to a proposal by Cliffs to use               stoich LNBs at Tilden.
                                                 Taconite FIP limits). The report                                                                                 Cliffs submitted a declaration by Eric
                                                                                                         low sulfur fuel at United Taconite to
                                                 indicates that to maintain airflow,                                                                           Wagner (of Metso) dated November 26,
                                                                                                         decrease baseline SO2 emissions.
                                                 temperature, and pressures sufficient to                                                                      2013, which describes the differences
                                                                                                         However, Cliffs did not have an
                                                 minimize pellet quality issues would                                                                          relevant to NOX emissions between U.S.
                                                                                                         opportunity to comment on the specific
                                                 require a significant increase in fuel                                                                        Steel’s Minntac furnaces 6 and 7, upon
                                                                                                         numeric stringency of the limit we                    which the 2013 Taconite FIP NOX limits
                                                 rates and corresponding emissions.                      promulgated. In other words, it was
                                                 Further, the use of high-stoich LNBs                                                                          were based, and Cliffs’ grate-kiln
                                                                                                         impracticable for Cliffs to comment on                furnaces at Tilden. The declaration
                                                 would result in decreased oxygen in the                 the final sulfur limit prior to the close
                                                 preheat zone gases from the kiln. The                                                                         describes several differences that EPA
                                                                                                         of the public comment period.                         believes are relevant to the development
                                                 corresponding reduction in the
                                                                                                            In its petition for reconsideration,               of BART NOX emission limits. For
                                                 oxidation heat on the grate would result
                                                                                                         Cliffs also presented new information                 example, whereas Tilden uses a single
                                                 in lower pellet temperatures at the point
                                                 where the pellets leave the grate and                   directly pertaining to the criteria for               large kiln burner, Minntac furnaces 6
                                                 enter the kiln. This would likely result                determining BART limits. Cliffs stated                and 7 operate preheat burners, which
                                                 in pellet breakage and a corresponding                  that the United Taconite facility had                 supply about one third of the heat input
                                                 reduction in production.                                been designed to handle and burn                      from fuel, in addition to a large kiln
                                                    Finally, Cliffs provided additional                  eastern bituminous coal, not the low                  burner. The smaller preheat burners at
                                                 information to EPA in a July 28, 2014                   sulfur, western subbituminous coals                   Minntac achieve very low NOX rates
                                                 meeting, which Cliffs summarized in an                  from the Powder River Basin (PRB) that                (0.1–0.3 lbs/MMBtu) due to a more
                                                 August 8, 2014 letter to EPA. The                       Cliffs would be required to use to meet               favorable NOX reduction combustion
                                                 information provided included data                      the 0.60% sulfur content limit. For                   environment in the preheat zone as
                                                 comparing performance, costs, and fuel                  example, PRB coal is more prone to                    compared to the firing end of the kiln.
                                                 usage between high-stoich LNBs and                      explosion and fire and has a lower heat               Correspondingly, the lower NOX
                                                 low-stoich LNBs. Much of the                            value than eastern bituminous coal.                   emissions from the preheaters result in
                                                 information set forth in the August 8                   These differences, among others, would                a lower combined NOX emission rate
                                                 letter is presented in section VI of this               require Cliffs to expend significant costs            than the emissions arising from a large
                                                 notice, pertaining to the NOX BART                      to change operations, address safety                  single kiln LNB.
                                                 analysis. In general, the information                   issues, and increase the amount of coal                  Another example in the declaration
                                                 pertains to advantages of the low-stoich                required to be burned to meet furnace                 notes that the ore processed at the
                                                 LNBs over the high-stoich LNBs.                         and pellet temperature requirements.                  facilities is different, resulting in
                                                    The information provided by Cliffs in                   The information that Cliffs presented              different heat values. U.S. Steel’s
                                                 its petition for reconsideration and                    pertains to the feasibility and costs of              Minntac facility processes an ore high in
                                                 subsequent submittals arose from                        implementing the sulfur limit, which                  magnetite that contributes heat to the
                                                 recent, time-consuming research and                     are criteria to be used in determining                kiln when oxidized. Correspondingly,
tkelley on DSK3SPTVN1PROD with PROPOSALS2




                                                 analysis that could not have been                       BART. Therefore, the information                      by processing high magnetite ore at
                                                 completed and made available during                     provided by Cliffs after the close of the             Minntac furnaces 6 and 7, U.S. Steel is
                                                 the public comment period. Therefore,                   comment period is of central relevance                able to effectively use ported kilns to
                                                 Cliffs has met the first requirement of                 to the outcome of the 2013 Taconite FIP.              maximize the benefit of the ore. Ported
                                                 the criteria for reconsideration set forth              On this basis, we granted                             kilns allow the introduction of
                                                 at section 307(d)(7)(B) of the CAA.                     reconsideration of the 0.60% sulfur                   additional air directly to the kilns,
                                                 Significantly, the information that Cliffs              limit on coal combusted at United                     which helps oxidize the high magnetite
                                                 provided is of central relevance to the                 Taconite.                                             ore and changes the heat balance of the


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                                                                       Federal Register / Vol. 80, No. 204 / Thursday, October 22, 2015 / Proposed Rules                                         64165

                                                 furnace. In contrast, Tilden primarily                  limits. Metso performed three                         recent, time-consuming research and
                                                 processes hematite, which is not a                      simulations in which it maintained peak               analysis that could not have been
                                                 source of heat for kilns.                               pellet temperature and final product                  completed and made available during
                                                 Correspondingly, Tilden cannot                          temperature. The total air supplied to                the public comment period. Therefore,
                                                 effectively use ported kilns. Because                   the cooler was adjusted as needed to                  Cliffs has met the first requirement of
                                                 ported kilns change the heat balance of                 maintain final product temperature                    the criteria for reconsideration set forth
                                                 the furnace, U.S. Steel’s experience with               across all three simulations. These                   in section 307(d)(7)(B) of the CAA.
                                                 high-stoich LNBs at the Minntac                         simulations were intended to isolate the              Significantly, the information that Cliffs
                                                 furnaces may not be directly applicable                 effects of various process parameters                 provided is of central relevance to the
                                                 to the Tilden furnace.                                  when applying high-stoich LNB                         outcome of the 2013 Taconite FIP. EPA
                                                    A final example from the declaration                 technology to Tilden 1.                               extensively based its NOX BART
                                                 states that the application of high-stoich                 The analysis indicated, among other                analysis on the results arising from the
                                                 LNB technology at Tilden would require                  things, that high-stoich LNB technology               installation of high-stoich LNBs at U.S.
                                                 additional air to reduce burner flame                   would alter the flame temperature                     Steel’s Minntac furnaces 6 and 7. Step
                                                 temperature, which would result in                      profile, which may adversely affect                   one of a BART analysis requires the
                                                 increased airflow through the grate                     pellet quality, and that the fuel usage               identification of all available retrofit
                                                 drying section and increased pressure                   rate would increase by approximately                  control technologies. Step two of a
                                                 drop across the greenballs. This higher                 25 to 35 percent. Further, higher                     BART analysis requires the elimination
                                                 bed pressure would result in deformed                   temperatures and air flow rates through               of technically infeasible control
                                                 pellets and reduced pellet quality.                     the grate would result in a 10 to 20                  technologies. The new information
                                                 Further, the increased air flow would                   percent increase in exhaust gas                       provided by Cliffs directly bears on the
                                                 also likely cause pellet breakage which                 volumes.                                              selection and feasibility of high-stoich
                                                 would reduce production. The                               The Metso comparative analysis dated               LNBs for use in the grate-kiln indurating
                                                 declaration notes that to likely avoid                  January 2015 applies current operating                furnace at the Tilden facility. On this
                                                 these impacts, Tilden would have to                     data to the high-stoich LNB design                    basis, we granted reconsideration of the
                                                 limit the dryer section air flow and                    conditions, required for NOX reduction,               NOX determination for Tilden (grate-
                                                 drying rate by reducing the amount of                   provided by COEN Company (COEN), a                    kiln line 1) and for the corresponding
                                                 recovered heat from the cooler.                         burner manufacturer, in its Final Report              emission limits and compliance
                                                 However, any unrecovered heat would                     for Tilden Line 1. The engineering                    schedule.
                                                 have to be replaced with additional heat                simulations held key process parameters
                                                 from the burner, with corresponding                     constant, including pellet production                 2. SO2 Emission Limit
                                                 increased fuel usage and emissions.                     rate, greenball moisture, bentonite, and                 The 2013 Taconite FIP required the
                                                    In addition to the submission of the                 flux rate. The total air supplied to the              Tilden grate-kiln Line 1 to burn 100%
                                                 November 26, 2013 declaration, Cliffs                   cooler was adjusted as needed to                      natural gas. However, although
                                                 provided modeling and technical                         maintain final product temperature                    mentioned in discussions with Cliffs,
                                                 analyses that supported the comments                    across all simulations. Maintaining                   this requirement had not been proposed
                                                 made in the declaration. In reports                     these parameters ensures that fuel                    before the final rule. Therefore, it was
                                                 prepared by Metso dated September 14,                   changes are not due to altered                        impracticable for Cliffs to comment on
                                                 2012, and January 13, 2015, Cliffs                      processing requirements.                              the final BART requirement to burn
                                                 provided technical analyses for                            The engineering simulations and                    solely natural gas.
                                                 applying LNB technology to the Tilden                   comparisons reveal a number of                           Cliffs more recent intent to burn
                                                 Line 1 grate kiln through modeling                      significant operational and                           mixed fuels at Tilden is new
                                                 simulations that compare current                        environmental impacts arising from the                information that we did not consider in
                                                 operations to operations using high-                    installation of a COEN high-stoich LNB.               determining BART for Tilden. The
                                                 stoich LNBs. Current operating                          These impacts include a significant                   burning of mixed fuels will significantly
                                                 conditions at Tilden 1 were simulated                   change to the use of primary and                      increase SO2 emissions, resulting in
                                                 using such factors as existing air flow                 secondary cooling air, which will alter               Cliffs’ inability to meet the BART limit.
                                                 studies, operating parameters, and feed                 the cooling down cycle of pellets, create             Therefore, the new information is of
                                                 mineralogy. This baseline model was                     an imbalance between primary and                      central relevance to the outcome of the
                                                 then modified to simulate LNB                           secondary cooling, and likely affect                  2013 Taconite FIP. On this basis, we
                                                 operating conditions. The current                       pellet quality. The volume of secondary               granted reconsideration to the 2013
                                                 operating parameters and anticipated                    cooling air exiting the cooler vent stack             Taconite FIP requirement to burn only
                                                 high-stoich LNB operating conditions                    is projected to increase between 415 and              natural gas at the Tilden grate-kiln Line
                                                 were then compared.                                     360 percent. This may adversely affect                1.
                                                    High-stoich LNBs reduce NOX                          the process and pellet quality and also
                                                 emissions by introducing comparatively                  increase dust loading. Further, the                   C. ArcelorMittal Minorca Mine and
                                                 large amounts of cooler ambient air                     increase in unheated primary                          Hibbing Taconite: NOX Limit
                                                 through the main burner. Less NOX is                    combustion air to the burner will                       The 2013 Taconite FIP established
                                                 produced at lower temperatures. The                     require an increase in fuel to replace the            NOX emission limits for both grate-kiln
                                                 FIP NOX limits were established based                   heat not used from heated secondary                   and straight-grate kiln taconite furnaces.
                                                 upon high-stoich LNBs operating with                    combustion air. It is expected that this              The limits that EPA developed were
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                                                 air flow at 100 percent of stoichiometric               will result in an increase in the fuel rate           based solely upon the performance of
                                                 through the primary burner. Tilden                      from between 21 to 28 percent. In                     high-stoich LNBs installed at two of
                                                 currently operates with primary                         addition, the high-stoich LNB will alter              U.S. Steel Minntac’s grate-kilns.
                                                 combustion air at 15.5 percent of                       the flame temperature profile, which                  However, as explained above, there are
                                                 stoichiometric, and Metso estimated                     may affect pellet quality.                            significant differences between straight-
                                                 that primary combustion air at 100 to                      The information provided by Cliffs in              grate kiln and grate-kiln furnaces that
                                                 110 percent of the stoichiometric rate is               its petition for reconsideration and                  must be considered in setting emissions
                                                 required to meet the 2013 Taconite FIP                  subsequent submittals arose from                      limits.


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                                                 64166                 Federal Register / Vol. 80, No. 204 / Thursday, October 22, 2015 / Proposed Rules

                                                    ArcelorMittal’s Minorca taconite                     and selective catalytic reduction (SCR).              —Minntac furnaces 6 and 7 operate
                                                 facility and the Hibbing taconite facility,             High-stoich and low-stoich low-NOX                     preheat burners, which supply about
                                                 which is jointly owned by Cliffs,                       burners were subsequently considered                   one third of the heat input from fuel,
                                                 ArcelorMittal, and U.S. Steel, operate                  separately.                                            in addition to the large kiln burner.
                                                 straight-grate furnaces that are required                                                                      United Taconite and Tilden use a
                                                                                                         (2) Step 2: Eliminate Technically
                                                 to meet the 1.2 lbs NOX/MMBT BART                                                                              single kiln burner. These smaller
                                                                                                         Infeasible Options
                                                 limit under the 2013 Taconite FIP. In                                                                          preheat burners can achieve very low
                                                 the petitions for reconsideration                          External flue gas recirculation and                 NOX rates (0.1–0.3 lbs/MMBtu) due to
                                                 submitted by ArcelorMittal and Cliffs,                  induced flue gas recirculation burners                 a more favorable NOX reduction
                                                 the petitioners provided new                            were eliminated from consideration                     combustion environment in the
                                                 information directly bearing on the                     since they are technically infeasible for              preheat zone as compared to the firing
                                                 criteria used to establish BART NOX                     the specific application to pellet                     end of the kiln. These lower NOX
                                                 limits. Their comments reflected similar                furnaces due to the high oxygen content                emissions produce a lower combined
                                                 issues to those that Cliffs presented in                of the flue gas. Energy efficiency                     NOX rate than from the large kiln
                                                 its analysis of grate-kiln furnaces at the              projects were eliminated due to the                    LNB.
                                                 United Taconite and Tilden facilities,                  difficulty of assigning a general                     —Minntac furnaces 6 and 7 process
                                                 including cost, increased fuel usage, the               potential emission reduction for this                  high magnetite ore that contributes
                                                 potential impact on production, and the                 category. EPA agrees that SCR controls                 heat to the kiln when oxidized.
                                                 feasibility of meeting the BART NOX                     are infeasible for indurating furnaces                 Tilden’s ores are primarily hematite,
                                                 limit. Further, it is significant that at the           based on two SCR vendors declining to                  which is not a source of heat for the
                                                 time of promulgation of the 2013                        bid on NOX reduction testing at                        kilns, and United Taconite processes
                                                 Taconite FIP, no LNB had been installed                 Minntac. The following three Metso                     ores with a lower concentration of
                                                 on a straight grate furnace.                            reports provide detailed analyses of                   magnetite than Minntac. Therefore,
                                                 Correspondingly, ArcelorMittal reported                 expected adverse impacts of using high-                Tilden and United Taconite’s furnaces
                                                 that none of the vendors it had                         stoich LNBs, which are in use at U.S.                  must add more fuel to achieve final
                                                 contacted were willing to guarantee the                 Steel Minntac, on both pellet quality                  product requirements than Minntac.
                                                 successful installation or operation of a               and increased fuel use: an August 7,                   The associated energy penalties are
                                                 LNB on a straight-grate furnace.                        2014, report entitled ‘‘Technical                      predicted to remain 25–45 percent for
                                                    The information provided by                          Analysis for applying LNB technology                   Cliffs’ grate-kiln furnaces even after
                                                 ArcelorMittal and Cliffs in their                       to United Taconite Line 2 Grate-Kiln,’’                energy efficiency improvements at
                                                 petitions for reconsideration and                       a September 14, 2012 report titled                     United Taconite and Tilden.
                                                 subsequent submittals arose from                        ‘‘Technical Analysis for Appling LNB                  —Minntac furnaces 6 and 7 use ported
                                                 recent, time-consuming research and                     Technology to Tilden 1 Grate Kiln                      kilns to maximize the benefit of their
                                                 analysis that was not and could not                     System,’’ and a January 13, 2015 report                high magnetite ore bodies. Ported
                                                                                                         titled ‘‘Technical Analysis for Tilden                 kilns allow the introduction of
                                                 have been completed and made
                                                                                                         Phase III Additional Simulations while                 additional air directly to the kilns
                                                 available during the public comment
                                                                                                         Applying COEN LNB Technology.’’ A                      where it helps to oxidize the high
                                                 period. Therefore, they have met the
                                                                                                         summary of the results from these Metso                magnetite ore that Minntac processes.
                                                 first requirement of the criteria for
                                                                                                         reports is contained in an August 13,                  United Taconite and Tilden do not
                                                 reconsideration set forth at section
                                                                                                         2015 technical support document.                       use ported kilns because porting will
                                                 307(d)(7)(B) of the CAA. The new                           A mass emission rate comparison                     not produce significant benefits for
                                                 information provided by the petitioners                 between high-stoich and low-stoich                     the type of ore they process. Ported
                                                 directly addresses the costs and                        LNB options was presented by Metso,                    kilns significantly change the heat
                                                 feasibility of LNB controls, which are                  during a July 28, 2014 meeting between                 balance of the furnace, making it
                                                 criteria to be used in determining BART.                EPA and Cliffs and summarized in a                     difficult to generalize from Minntac’s
                                                 The cost and feasibility of the LNB                     subsequent August 8, 2014 letter to                    experience.
                                                 controls are of central relevance to the                EPA. Metso’s analysis compared the                    —Minntac furnaces 6 and 7 are also
                                                 outcome of the 2013 Taconite FIP. On                    amount of NOX that would be generated                  unique because they produce high
                                                 this basis, we granted reconsideration to               when a furnace is retrofitted with a                   flux magnetite pellets. By contrast,
                                                 the NOX BART limits for straight grate                  high-stoich LNB and low-stoich staged                  United Taconite produces primarily
                                                 taconite furnaces at the ArcelorMittal                  combustion LNB options. This analysis                  standard (low flux) magnetite pellets,
                                                 Minorca facility and the Hibbing                        demonstrated that although the lbs                     and Tilden produces high flux
                                                 facility.                                               NOX/MMBtu may be lower from a high-                    hematite pellets. Retrofitting a furnace
                                                 VI. Basis for Proposed Revisions to                     stoich burner, the high-stoich LNB will                with the Coen-type high-stoich LNB
                                                 2013 Taconite FIP Requirements                          require more fuel (and BTUs) and result                burner introduces more air, requires
                                                                                                         in higher NOX emissions. A more                        more fuel, and at different locations.
                                                 A. Revised BART Determinations                          detailed discussion of this analysis is                As a result, the high-stoich LNB
                                                 i. United Taconite and Tilden Grate-                    contained in an August 13, 2015                        retrofit must be evaluated in the
                                                 Kilns—Five Step BART Evaluation for                     technical support document.                            context of the unique furnace design
                                                 NOX                                                        The declaration by Eric Wagner (of                  for that specific pellet product from
                                                                                                         Metso) dated November 26, 2013                         that specific ore type. The Minntac
                                                 (1) Step 1: Identify All Available Retrofit
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                                                                                                         consists mainly of a description of                    experience cannot therefore be
                                                 Control Technologies                                    differences relevant to NOX emissions                  generalized to other furnaces.
                                                    As discussed in the August 15, 2012                  between U.S. Steel’s Minntac furnaces 6               —The application of high-stoich LNB
                                                 proposed FIP, the following control                     and 7, upon which the 2013 Taconite                    technology at Tilden and United
                                                 technologies were identified: external                  FIP NOX limits were based, and Cliffs’                 Taconite would require additional air
                                                 flue gas recirculation, low-NOX burners,                grate-kiln furnaces at Tilden and United               to reduce burner flame temperature,
                                                 induced flue gas recirculation burners,                 Taconite. The declaration noted these                  which would result in increased
                                                 energy efficiency projects, ported kilns,               differences:                                           airflow through the grate drying


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                                                                       Federal Register / Vol. 80, No. 204 / Thursday, October 22, 2015 / Proposed Rules                                          64167

                                                   section and increased pressure drop                   case of 5.3–6.4 lb NOX/MMBtu to 2.91                  ii. Hibbing Taconite and ArcelorMittal
                                                   across the greenballs. This higher bed                lbs NOX/MMBtu; the modeling for co-                   Minorca Mine Straight-Grate Kilns—
                                                   pressure would result in deformed                     firing at 30 percent gas and 70 percent               Five Step BART Evaluation for NOX
                                                   pellets and reduced pellet quality.                   coal indicated a reduction from a base                (1) Step 1: Identify All Available Retrofit
                                                   The increased air flow would also                     case of 1.6–5.4 (although the upper                   Control Technologies
                                                   cause pellet breakage leading to                      bound is generally closer to 2.8 lbs/
                                                   decreased production. In order to                     MMBtu), with a typical baseline value                    As discussed in the August 15, 2012
                                                   maintain pellet quality and                           of 2.5 lbs/MMBtu, to 2.04 lbs NOX/                    proposed FIP, the following control
                                                   production rate, the overall dryer                    MMBtu. The NOX reduction technology                   technologies were identified: external
                                                   section air flow and drying rate must                 appropriate for United Taconite would                 flue gas recirculation, low-NOX burners
                                                   be limited by reducing the amount of                  also be appropriate for Tilden (and vice              (including both high-stoich and low-
                                                   recovered heat from the cooler. This                  versa) because they have similar grate-               stoich), induced flue gas recirculation
                                                   unrecovered heat must be replaced                     kilns.                                                burners, energy efficiency projects,
                                                   with additional burner fuel, further                                                                        ported kilns, and selective catalytic
                                                   increasing fuel requirements.                         (4) Step 4: Evaluate Impacts of                       reduction (SCR). Water injection in the
                                                                                                         Remaining Control Technologies                        preheat zone, a pre-combustion
                                                   EPA agrees with the results of the                                                                          approach at the main burners and steam
                                                 Metso reports and declaration and have                     There will be an estimated total of                injection to the fuel stream were
                                                 therefore determined that high-stoich                   3000 tons per year of NOX reductions                  subsequently considered technologies.
                                                 LNBs are technically infeasible for the                 from the use of the low-stoich
                                                 United Taconite and Tilden grate-kilns.                 technology at Tilden and United                       (2) Step 2: Eliminate Technically
                                                 Low-stoich grate-kilns remain                           Taconite. There are no significant costs              Infeasible Options
                                                 technically feasible for grate-kilns.                   or environmental impacts associated                      External flue gas recirculation and
                                                 (3) Step 3: Evaluate Control                            with this technology that would                       induced flue gas recirculation burners
                                                 Effectiveness of Remaining Control                      necessitate its elimination from                      were eliminated from consideration
                                                 Technologies                                            consideration as BART.                                because they are technically infeasible
                                                                                                                                                               for the specific application to pellet
                                                    Low-stoich burners, as designed by                   (5) Step 5: Evaluate Visibility Impacts               furnaces due to the high oxygen content
                                                 FCT Combustion (FCT), are expected to                                                                         of the flue gas. Energy efficiency
                                                 avoid the previously described                            There is about a 16% overall decrease
                                                                                                         in the amount of NOX and SO2                          projects were eliminated due to the
                                                 drawbacks from high-stoich burners and                                                                        difficulty of assigning a general
                                                 can be designed to meet 2.8 lbs/MMBtu                   reductions anticipated as a result of the
                                                                                                         control technologies (and resulting                   potential emission reduction for this
                                                 when burning natural gas and 1.5 lbs/                                                                         category. EPA agrees that SCR controls
                                                 MMBtu when burning a gas/coal mix.                      emission limits) required by this
                                                                                                         rulemaking, as compared to the 2013                   are infeasible for indurating furnaces
                                                 This technology is described in the                                                                           based on two SCR vendors declining to
                                                 ‘‘FCT Combustion Cliffs UTAC Line 2                     FIP. EPA finds that the candidate BART
                                                                                                         technologies would be expected to                     bid on NOX reduction testing at
                                                 Phase 3 Modeling Report’’ and August                                                                          Minntac.
                                                 8, 2014 letter from Douglas McWilliams.                 achieve substantial visibility
                                                                                                                                                                  In addition, LNBs were eliminated
                                                 FCT supplies a LNB, called the FCT                      improvements, although slightly less
                                                                                                                                                               from consideration due to the technical
                                                 COMBUSTION Gyro-Therm MKII                              than what would be achieved from the
                                                                                                                                                               challenges associated with their
                                                 burner. This FCT low-stoich Gyro-                       2013 FIP by an amount roughly
                                                                                                                                                               installation and operation on the
                                                 Therm burner design achieves NOX                        corresponding to the decrease in
                                                                                                                                                               straight-grate kilns at Minorca Mine and
                                                 reductions by reducing flame                            emission reductions.
                                                                                                                                                               Hibbing, which we explained in detail
                                                 temperature by mixing fuel and air to                   (6) Propose BART                                      in section V above—especially the fact
                                                 simulate the effects of staged                                                                                that high-stoich burners have never
                                                 combustion for NOX reduction. This                         In EPA’s view, the CFD modeling that               been used on any straight-grate kilns.
                                                 burner uses a special gas nozzle that                   FCT has conducted provides the best                   Low-stoich burners have also been
                                                 injects the gas in a stirring type of                   currently available evidence as to the                eliminated from consideration because
                                                 motion. The fluid mechanics resulting                   NOX emission levels that this                         they have never been used on straight-
                                                 from use of this nozzle create a                        technology will achieve. According to                 grate kilns and also because they would
                                                 dramatically different flame and NOX is                 this modeling and engineering reports                 be expected to result in higher NOX
                                                 greatly reduced through natural staging                 provided by (the burner manufacturer)                 emissions than the technologies being
                                                 of the fuel-air mixing. This FCT low-                   Coen, a low-stoich burner can be                      assessed by ArcelorMittal. As described
                                                 stoich LNB would not require additional                 designed to meet 2.8 lbs/MMBtu when                   in more detail below, water injection in
                                                 primary air, which would eliminate the                  burning natural gas and 1.5 lbs/MMBtu                 the preheat zone, a pre-combustion
                                                 air velocity and pressure contributions                 when burning a gas/coal mix. BART                     approach at the main burners, and
                                                 to pellet quality problems. FCT’s                       requires that the burners be designed to              steam injection to the fuel stream are
                                                 proposed low-stoich burner also does                    meet these limits and we expect that                  considered to be feasible technologies.
                                                 not require substantial additional fuel                 these limits will be met. However,
                                                 because it is not introducing cool                      because of the lack of experience with                (3) Step 3: Evaluate Control
                                                 primary air that must be heated to                      these low-stoich burners, including                   Effectiveness of Remaining Control
                                                                                                                                                               Technologies
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                                                 sustain critical furnace temperatures.                  their impact on pellet quality, we are
                                                    FCT performed CFD modeling at                        proposing to increase the final limits up                ArcelorMittal has retained
                                                 United Taconite in order to design a                    to 3.0 lbs/MMBtu when burning natural                 engineering firms to assess NOX
                                                 new burner that will reduce NOX, but                    gas only, and up to 2.5 lbs/MMBtu                     reduction technologies for Minorca’s
                                                 maintain product quality, production                    when burning a gas/coal mix if a                      straight-grate indurating furnace. The
                                                 and optimize fuel efficiency. The                       rigorous demonstration is made that the               results of this assessment are described
                                                 modeling for combusting solely natural                  2.8 lbs/MMBtu and 1.5 lbs/MMBtu                       in an August 11, 2014 report titled
                                                 gas indicated a reduction from a base                   limits cannot be met.                                 ‘‘ArcelorMittal Straight-Grate NOX


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                                                 64168                 Federal Register / Vol. 80, No. 204 / Thursday, October 22, 2015 / Proposed Rules

                                                 Reduction Technology Development                        than what would be achieved from the                  ton for Line 1 and $7,680 per ton for
                                                 Efforts.’’ Testing has revealed that NOX                2013 FIP by an amount roughly                         Line 2. Thus, EPA believes that the
                                                 can be reduced using water injection in                 corresponding to the decrease in                      installation of such controls is not
                                                 the preheat and the main burners,                       emission reductions.                                  economically feasible.
                                                 although it is significantly more                                                                               United Taconite subsequently
                                                                                                         (6) Propose BART
                                                 effective at reducing NOX in the preheat                                                                      proposed an alternate BART definition
                                                 burners than the main burners.                             Based upon the engineering report                  based on burning low sulfur fuels,
                                                 Additional options for NOX reduction at                 prepared for ArcelorMittal in which the               including increased use of natural gas.
                                                 straight grate furnaces are: pre-                       use of water and steam injection and                  This alternative will result in about
                                                 combustion optimizations, steam                         pre-combustion technologies is
                                                                                                                                                               1,900 tons per year of SO2 reductions.
                                                 injection, and multiple point injection.                described, EPA is confident that
                                                                                                                                                               There are no other significant impacts or
                                                 The viability of these options will be                  ArcelorMittal Minorca Mine and
                                                                                                                                                               costs associated with this alternative.
                                                 based on NOX reduction potential,                       Hibbing Taconite can meet a limit of 1.2
                                                 impacts to pellet quality and process,                  lbs NOX/MMBtu. BART requires that                     (5) Step 5: Evaluate Visibility Impacts
                                                 installation and operational downtime,                  these technologies be designed to meet
                                                                                                         a limit of 1.2 lbs/MMBtu and we expect                  There is about a 16% overall decrease
                                                 and any energy penalty and capital and
                                                                                                         that these limits will be met. However,               in the amount of NOX and SO2
                                                 operating costs.
                                                                                                         because the particular combination of                 reductions anticipated as a result of the
                                                    Test results have raised the prospect
                                                                                                         water and steam injection and pre-                    control technologies (and resulting
                                                 of optimizing NOX reductions using
                                                 both water injection in the preheat zone                combustion technologies being                         emission limits) required by this
                                                 (where it appears more effective) and a                 considered has not previously been                    rulemaking, as compared to the 2013
                                                 pre-combustion approach at the main                     used on straight-grate kilns, and there is            FIP. EPA finds that the candidate BART
                                                 burners. This approach resulted in a                    some uncertainty with respect to their                technologies would be expected to
                                                 70% or greater reduction on a lbs/                      effect on pellet quality, we are                      achieve substantial visibility
                                                 MMBtu basis. Efforts have also been                     proposing to increase the final limit up              improvements, although slightly less
                                                 made to evaluate steam injection to the                 to 1.8 lbs/MMBtu if a rigorous                        than what would be achieved from the
                                                 fuel stream, which has the potential to                 demonstration is made that the 1.2 lbs/               2013 FIP by an amount roughly
                                                 provide better mixing in the flame zone                 MMBtu limit cannot be met.                            corresponding to the decrease in
                                                 with increasing NOX reductions where                                                                          emission reductions.
                                                                                                         iii. United Taconite—Five Step BART
                                                 distribution concerns exist. Another                    Evaluation for SO2                                    (6) Propose BART
                                                 alternative to reduce NOX formation at
                                                 the main combustion chambers is                         (1) Step 1: Identify All Available Control              The proposed BART is based on
                                                 through a number of smaller ‘‘surface                   Technologies                                          burning low sulfur fuels, including
                                                 spray’’ injectors.                                        Flue gas desulfurization (FGD) and                  increased use of natural gas, sufficient
                                                    In conclusion, combined modeling                     use of low sulfur fuels are the most                  to meet a Federally enforceable
                                                 indicates that water injection in the                   appropriate available technologies.                   aggregate emission limit of 529 lbs SO2/
                                                 preheat zone, a pre-combustion                                                                                hr, based on a 30-day rolling average.
                                                 approach at the main burners and steam                  (2) Step 2: Eliminate Technically                     This alternative will result in about
                                                 injection to the fuel stream technologies               Infeasible Options                                    1900 tons per year of SO2 reductions. In
                                                 can reasonably be expected to achieve a                   FGD and use of low sulfur fuels are                 addition to the emission limit proposed
                                                 70% NOX reduction on a lbs/MMBtu                        both technically feasible.                            by Cliffs, to ensure the use of low-sulfur
                                                 basis. EPA expects these technologies to                                                                      fuels and SO2 reductions resulting from
                                                                                                         (3) Step 3: Evaluate Control                          the use of low-sulfur fuels at United
                                                 be equally effective at reducing NOX
                                                                                                         Effectiveness of Remaining Control                    Taconite, EPA is also establishing a
                                                 emissions at Hibbing as well as at
                                                                                                         Technologies                                          limitation on the coal to be used by
                                                 Minorca Mine.
                                                                                                           FGD can achieve 90 percent control                  requiring the coal have a sulfur content
                                                 (4) Step 4: Evaluate Impacts of                         and the reduction from the use of low                 no greater than 1.50 percent sulfur by
                                                 Remaining Control Technologies                          sulfur fuels varies depending upon the                weight based on a monthly block
                                                    There will be a total estimated 7,400                fuel mix and the sulfur content of the                average.
                                                 tons per year of NOX reductions from                    fuel.                                                   The 529 lbs SO2/hour and 1.5 percent
                                                 water injection in the preheat zone, a                                                                        sulfur limit constitute BART because of
                                                                                                         (4) Step 4: Evaluate Impacts of
                                                 pre-combustion approach at the main                                                                           the economic infeasibility of FGD
                                                                                                         Remaining Control Technologies
                                                 burners, and steam injection to the fuel                                                                      controls and also because the facility is
                                                 stream at Minorca Mine and Hibbing.                       Dry FGD can achieve SO2 reductions                  not designed to handle lower sulfur
                                                 There are no significant costs or                       of about 3600 tons per year from lines                coal.
                                                 environmental impacts associated with                   1 and 2. Based upon information
                                                 these control technologies.                             supplied by Cliffs in its response to                 iv. Tilden—Five Step BART Evaluation
                                                                                                         comments on the proposed 2013                         for SO2
                                                 (5) Step 5: Evaluate Visibility Impacts                 Taconite FIP, EPA subsequently                        (1) Step 1: Identify All Available Control
                                                   There is about a 16% overall decrease                 determined the annualized dollars per                 Technologies
                                                 in the amount of NOX and SO2                            ton for FGD controls to be $5,911/ton for
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                                                 reductions anticipated as a result of the               Line 1 and $5,303/ton for Line 2. These                 FGD and use of low sulfur fuels are
                                                 control technologies (and resulting                     cost-effectiveness values were based                  the most appropriate available
                                                 emission limits) required by this                       upon prior baseline SO2 emission levels.              technologies.
                                                 rulemaking, as compared to the 2013                     In light of the reduction in SO2                      (2) Step 2: Eliminate Technically
                                                 FIP. EPA finds that the candidate BART                  emissions that will result from the use               Infeasible Options
                                                 technologies would be expected to                       of low-sulfur fuels at United Taconite,
                                                 achieve substantial visibility                          the cost effectiveness of additional                    FGD and use of low sulfur fuels are
                                                 improvements, although slightly less                    controls has increased to $12,021 per                 both technically feasible.


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                                                                       Federal Register / Vol. 80, No. 204 / Thursday, October 22, 2015 / Proposed Rules                                          64169

                                                 (3) Step 3: Evaluate Control                            EPA believes that the installation of                 C. Averaging Times
                                                 Effectiveness of Remaining Control                      such controls is no longer economically                  The limits in the 2013 Taconite FIP
                                                 Technologies                                            reasonable. The use of low sulfur fuels               were expressed in terms of a 30-day
                                                   FGD can achieve 90 percent control                    is therefore the most viable option and               average. A 30-day period in many cases
                                                 and the reduction from the use of low                   a 0.6 percent sulfur content represents               would involve both operation with only
                                                 sulfur fuels varies depending upon the                  the use of very low sulfur coal. The                  natural gas and operation with at least
                                                 fuel mix and the sulfur content of the                  initial mass limit of 500 lbs/hr is                   some firing of coal. EPA prefers to
                                                 fuel.                                                   expected to be reduced after obtaining a              require the companies to meet the limits
                                                                                                         year’s worth of CEMS data.                            with a coal/gas mix and with only
                                                 (4) Step 4: Evaluate Impacts of
                                                 Remaining Control Technologies                          B. Compliance Schedule                                natural gas independently, rather than
                                                                                                           The staggered NOX compliance                        imposing a variable limit computed as
                                                   Dry FGD can achieve SO2 reductions                                                                          a composite of the limits with a gas/coal
                                                 of about 1100 tons per year from                        schedule proposed in this action is
                                                                                                         generally consistent with the schedule                mix and with only natural gas weighted
                                                 Tilden’s line 1. In its September 28,                                                                         according to time in each operating
                                                 2012 comments on the proposed 2013                      in the February 6, 2013 FIP, as to the
                                                                                                         number of months to achieve                           mode. Therefore, EPA is proposing to
                                                 Taconite FIP, Cliffs documented dry                                                                           require separate compliance with two
                                                 FGD costs of between $11,450 and                        compliance from the effective date of
                                                                                                         the rule. The main differences are that               limits. One of these limits would govern
                                                 $15,750 per ton of SO2 removed. These                                                                         the emissions averaged over 720
                                                 costs are not economically reasonable.                  under this proposed revised FIP, at
                                                                                                         Tilden, installation of controls is                   successive hours in which the unit
                                                   The use of low sulfur fuels, consisting
                                                                                                         required after 50 months, not the 26                  burns only natural gas. The other limit
                                                 of the use of either natural gas or coal
                                                                                                         months in the 2013 Taconite FIP, and at               would govern emissions averaged over
                                                 with no more than 0.6 percent sulfur, is
                                                                                                         ArcelorMittal Minorca Mine,                           the 720 successive hours in which the
                                                 expected to result in a reduction in SO2
                                                                                                         installation of controls is required                  unit burns a gas/coal mix. These 720-
                                                 emissions of about 300 tons per year
                                                                                                         within 44 months, not 26 months. The                  hour rolling average would correspond
                                                 from baseline conditions. There are no
                                                                                                         following summarizes the dates                        to a 30-day rolling average, as used in
                                                 significant costs or energy impacts
                                                                                                         following the effective date of the final             the 2013 Taconite FIP, in cases when
                                                 associated with use of these low sulfur
                                                                                                         action on reconsideration by which EPA                the fuel use remains either natural gas
                                                 fuels.
                                                                                                         plans to publish notices making the                   or a gas/coal mix over 30 days.
                                                 (5) Step 5: Evaluate Visibility Impacts                 NOX emission limits effective:                        However, a 720-hour rolling average
                                                   There is about a 16% overall decrease                 Tilden—60 months                                      ensures that the NOX emission rate will
                                                 in the amount of NOX and SO2                            Hibbing Line 1—37 months                              be properly compared with the
                                                 reductions anticipated as a result of the               Hibbing Line 2—55 months                              appropriate fuel based limit.
                                                 control technologies (and resulting                     Hibbing Line 3—60 months                                 An example helps illustrate the nature
                                                 emission limits) required by this                       United Taconite Line 2—55 months                      of these limits. Suppose that a subject
                                                 rulemaking, as compared to the 2013                     United Taconite Line 1—37 months                      facility burns only natural gas on Days
                                                 FIP. EPA finds that the candidate BART                  ArcelorMittal—55 months                               1–12, burns a coal/gas mix on Days 13–
                                                 technologies would be expected to                       The staggered schedule is necessary                   16, burns gas again on Days 17–30, does
                                                 achieve substantial visibility                          because there is a limited downtime                   not operate on Days 31 and 32, burns
                                                 improvements, although slightly less                    each year for each furnace during which               gas on Days 33–40, then burns a coal/
                                                 than what would be achieved from the                    the low NOX burner(s) can be installed                gas mix from Days 41–70. This example
                                                 2013 FIP by an amount roughly                           without interfering with production,                  assumes 24 hours/day operation for
                                                 corresponding to the decrease in                        experience gained on the earlier                      each operating day. In this case,
                                                 emission reductions.                                    installations can be applied to the ones              compliance with the natural gas-based
                                                                                                         installed later, and installation costs               limit would be determined by dividing
                                                 (6) Proposed BART                                       may be spread out.                                    total NOX emissions by total heat input
                                                    BART for SO2 at Tilden’s Grate Kiln                    The staggered schedule, including                   for the 720 hours on Days 1–12, Days
                                                 Line 1 furnace is proposed to be met by                 additional time at Tilden and                         17–30, and Days 33–36, as well as on
                                                 the use of low sulfur coal and natural                  ArcelorMittal, is even more necessary                 each of the 96 additional sets of 720
                                                 gas. Beginning six months after the                     for the proposed revisions to the 2013                successive hours of burning natural gas
                                                 effective date of the rule, any coal                    Taconite FIP because, although the NOX                up to and including the period ending
                                                 burned on Tilden Grate Kiln Line 1                      controls that are expected to be                      at the end of Day 40. Compliance with
                                                 shall have no more than 0.60 percent                    implemented as a result of the                        the coal or gas/coal mixed fuel limit
                                                 sulfur by weight based on a monthly                     settlement agreement and this proposed                would be determined by dividing total
                                                 block average. This furnace shall also                  action have been subject to extensive                 NOX emissions by total heat input for
                                                 meet an initial emission limit of 500 lbs               engineering studies, they have not been               the 720 hours on Days 13–16 and Days
                                                 SO2/hr based on a 30-day rolling                        used on taconite furnaces in the US.                  41–66, as well as on each of the 96
                                                 average beginning six months after the                  There will also be an eight month                     additional sets of 720 successive hours
                                                 effective date of the rule. The owner or                period after installation of controls                 of burning coal or mixed fuel up to and
                                                 operator must subsequently calculate a                  during which emission and pellet                      including the period ending at the end
                                                 permanent lbs SO2/hr mass emission                      quality data will be evaluated and a                  of day 70.
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                                                 limit based on 12 continuous months of                  subsequent three month period during
                                                                                                         which a final emission limit will be set              D. Procedures for Promulgating Revised
                                                 CEMS emissions data.
                                                    In light of the reduction in SO2                     by EPA based upon this data. The                      FIP Limits
                                                 emissions that will result from the use                 controls are being designed to meet the                 The regulatory text that follows
                                                 of low-sulfur fuels at Tilden, it is                    lower end of the range and it is expected             specifies a process for establishing
                                                 expected that the dollars per ton of SO2                that the limits will be set close to the              limits to which the identified facilities
                                                 reduction through FGD would be even                     lower end. The actual limit will be                   shall become subject. While the text
                                                 higher than previously estimated. Thus,                 based upon the UPL statistical test.                  identifies limits that are to apply, the


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                                                 64170                 Federal Register / Vol. 80, No. 204 / Thursday, October 22, 2015 / Proposed Rules

                                                 text also states that these limits shall                   EPA is proposing that these                        system, and (b) pellet quality testing
                                                 become enforceable only after EPA                       subsequent notices will constitute                    results that state the date and time when
                                                 publishes notice either confirming these                subsequent final actions to this proposal             pellets were produced outside of the
                                                 limits or modifying the limits within a                 that require no further opportunity for               defined acceptable range for the
                                                 range that EPA is proposing here to                     public comment. Accordingly, today’s                  indicated pellet quality factors.
                                                 establish. The regulatory text also                     notice of proposed rulemaking provides                   7. No later than 34 months after the
                                                 specifies equations that are to be used                 adequate information about the basis                  effective date of the rule, a report may
                                                 to establish any adjusted limit. Stated                 and timing of the final limits such that              be submitted to EPA either confirming
                                                 more generally, this action is proposing                no further proposals will be necessary.               the 1.2 lbs/MMBtu presumptive limit or
                                                 not just a final action that will initiate              EPA is taking this approach in order to               requesting a modification of the limit up
                                                 a process to lead to establishment of                   expedite the establishment of final,                  to the upper end of the range (1.8 lbs/
                                                 emission limits; today’s action is also                 enforceable limits for these facilities,              MMBtu in this case).
                                                 proposing the criteria for determining                  within the context of a process that                     8. The final limit will be based on the
                                                 the level of the ultimate limits and the                provides reasonable time to design and                CEMS data from the eight month period
                                                 procedure by which these limits are to                  install emission controls, to obtain data             from the end of month 26 to the end of
                                                 be made enforceable.                                    for determining control effectiveness,                month 34, excluding any time in which
                                                    EPA is proposing for the publication                 and to minimize the time then needed                  the pellet quality standards are not met.
                                                 of the final rule to trigger a number of                to establish final, enforceable limits.               The final limit will be based upon the
                                                 subsequent requirements for                             Therefore, commenters should provide                  95 percent upper predictive limit (UPL).
                                                 implementing BART controls on the                       comments during the comment period                    The UPL is a statistical technique that
                                                 affected taconite plants. Specific dates,               for today’s proposed rulemaking on any                examines an existing set of data points
                                                 defined as a given number of months                     issues that might be anticipated to arise             and predicts the chances (i.e., the
                                                 following the effective date of the final               at any point in the process described in              probability) of future data points (in this
                                                 rule, are given for deadlines for                       this notice, up to and including during               case, emission rates). In general terms,
                                                 commencing operation of CEMS for                        the publication of final action as                    the UPL is a value that is calculated
                                                 NOX and SO2, for submitting a report                    described above establishing confirmed                from a data set that identifies the
                                                 describing planned NOX emission                         or modified limits as fully enforceable.              emission rate that a source is meeting
                                                 controls, for installing the planned NOX                   The following is an example, based on              and would be expected to meet a
                                                 emission controls, for reporting results                Hibbing Line 1, of the process for setting            specified percent of the time that the
                                                 of pellet quality analyses and                          the final limit. The limits and schedules             source is operating. For example, the 95
                                                 simultaneous NOX emission data, for                     vary by line but the steps are the same               percent UPL value is the emission level
                                                 the source to submit any report                         for all:                                              that the source would be predicted to be
                                                 recommending confirmation of                               1. A presumptive limit of 1.2 lbs/                 below during 95 out of 100 hourly
                                                 modification of the emission limit, and                 MMBtu, based on a 30-day rolling                      intervals. The UPL is calculated using
                                                 for EPA to publish a notice either                      average, is established.                              an equation based on the average and
                                                                                                            2. The owner or operator must install              variance of a data set, the distribution of
                                                 confirming the limit promulgated in
                                                                                                         CEMS within 6 months of the effective                 the data, and quantity of data points.
                                                 2016 or establishing an alternate limit
                                                                                                         date of the rule.                                        9. EPA will take final agency action
                                                 (within a range proposed here). The
                                                                                                            3. After installation of the CEMS,
                                                 following summarizes the dates                                                                                by publishing its final confirmation or
                                                                                                         CEMS data must be submitted to EPA
                                                 following the effective date of the final                                                                     modification of the NOX limit in the
                                                                                                         no later than 30 days from the end of
                                                 action on reconsideration by which EPA                                                                        Federal Register no later than 37
                                                                                                         each calendar quarter until 34 months
                                                 plans to publish notices making the                                                                           months after the effective date of the
                                                                                                         from the effective date of the rule.
                                                 NOX emission limits effective:                             4. Within 24 months of the effective               rule.
                                                 Tilden—60 months                                        date a final report must be submitted to              VI. Statutory and Executive Order
                                                 Hibbing Line 1—37 months                                EPA containing a detailed engineering                 Reviews
                                                 Hibbing Line 2—55 months                                analysis and modeling of the NOX
                                                 Hibbing Line 3—60 months                                reduction technology (which must be                   A. Executive Order 12866: Regulatory
                                                 United Taconite Line 2—55 months                        designed to meet 1.2 lbs/MMBtu) being                 Planning and Review
                                                 United Taconite Line 1—37 months                        installed.                                               This proposed action is not a
                                                 ArcelorMittal—55 months                                    5. The NOX reduction control                       ‘‘significant regulatory action’’ under
                                                    Based on the above schedule, EPA                     technology must be installed no later                 the terms of Executive Order 12866 (58
                                                 anticipates publishing a notice 37                      than 26 months after the effective date               FR 51735, October 4, 1993) and is
                                                 months (addressing 2 units), 55 months                  of the rule.                                          therefore not subject to review under
                                                 (addressing 3 units), and 60 months                        6. Within the earlier of 6 months of               Executive Orders 12866 and 13563 (76
                                                 (addressing 1 unit) after the effective                 the installation of the NOX reduction                 FR 3821, January 21, 2011). As
                                                 date of the final rule on reconsideration.              control technology or 26 months from                  discussed in detail in section VI. C
                                                 In each case, the rulemaking will cause                 the effective date of the rule the results            below, the proposed FIP applies to only
                                                 a limit to become enforceable. EPA is                   of pellet quality analyses must be                    four sources. It is therefore not a rule of
                                                 proposing here that the limit will be                   provided to EPA no later than 30 days                 general applicability.
                                                 either the limit that is promulgated in                 from the end of each calendar quarter
                                                                                                                                                               B. Paperwork Reduction Act
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                                                 the final rule on reconsideration or a                  pellet quality analyses must be provided
                                                 revised limit. In either case, EPA                      to EPA until 34 months from the                          This proposed action does not impose
                                                 anticipates that the limit to which each                effective date of the rule. For each pellet           an information collection burden under
                                                 unit will ultimately be subject will be in              quality analysis factor, e.g. compression             the provisions of the Paperwork
                                                 accordance with the equations being                     and reducibilty, the following must be                Reduction Act, 44 U.S.C. 3501 et seq.
                                                 proposed here, within the upper and                     provided: (a) The defined acceptable                  Under the Paperwork Reduction Act, a
                                                 lower bounds promulgated in the final                   range for each factor as contained in                 ‘‘collection of information’’ is defined as
                                                 rule on reconsideration.                                Hibbing’s ISO 9001 quality management                 a requirement for ‘‘answers to . . .


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                                                                       Federal Register / Vol. 80, No. 204 / Thursday, October 22, 2015 / Proposed Rules                                         64171

                                                 identical reporting or recordkeeping                    proposal adds additional controls to                  not contain a Federal mandate that may
                                                 requirements imposed on ten or more                     certain sources. The Regional Haze FIP                result in expenditures that exceed the
                                                 persons . . . .’’ 44 U.S.C. 3502(3)(A).                 that EPA is proposing for purposes of                 inflation-adjusted UMRA threshold of
                                                 Because the proposed FIP applies to just                the regional haze program consists of                 $100 million by State, local, or Tribal
                                                 six facilities, the Paperwork Reduction                 imposing Federal control requirements                 governments or the private sector in any
                                                 Act does not apply. See 5 CFR 1320(c).                  to meet the BART requirement for NOX                  one year. In addition, this proposed rule
                                                    Burden means the total time, effort, or              and SO2 emissions on specific units at                does not contain a significant Federal
                                                 financial resources expended by persons                 three sources in Minnesota and one in                 intergovernmental mandate as described
                                                 to generate, maintain, retain, or disclose              Michigan. The net result of the FIP                   by section 203 of UMRA nor does it
                                                 or provide information to or for a                      action is that EPA is proposing emission              contain any regulatory requirements
                                                 Federal agency. This includes the time                  controls on the indurating furnaces at                that might significantly or uniquely
                                                 needed to review instructions; develop,                 four taconite facilities and none of these            affect small governments.
                                                 acquire, install, and utilize technology                sources are owned by small entities, and
                                                 and systems for the purposes of                                                                               E. Executive Order 13132: Federalism
                                                                                                         therefore are not small entities.
                                                 collecting, validating, and verifying                                                                            Federalism (64 FR 43255, August 10,
                                                 information, processing and                             D. Unfunded Mandates Reform Act                       1999) revokes and replaces Executive
                                                 maintaining information, and disclosing                 (UMRA)                                                Orders 12612 (Federalism) and 12875
                                                 and providing information; adjust the                      Title II of the Unfunded Mandates                  (Enhancing the Intergovernmental
                                                 existing ways to comply with any                        Reform Act of 1995 (UMRA), Public                     Partnership). Executive Order 13132
                                                 previously applicable instructions and                  Law 104–4, establishes requirements for               requires EPA to develop an accountable
                                                 requirements; train personnel to be able                Federal agencies to assess the effects of             process to ensure ‘‘meaningful and
                                                 to respond to a collection of                           their regulatory actions on State, local,             timely input by State and local officials
                                                 information; search data sources;                       and Tribal governments and the private                in the development of regulatory
                                                 complete and review the collection of                   sector. Under section 202 of UMRA,                    policies that have federalism
                                                 information; and transmit or otherwise                  EPA generally must prepare a written                  implications.’’ ‘‘Policies that have
                                                 disclose the information.                               statement, including a cost-benefit                   federalism implications’’ is defined in
                                                    An agency may not conduct or                         analysis, for proposed and final rules                the Executive Order to include
                                                 sponsor, and a person is not required to                with ‘‘Federal mandates’’ that may                    regulations that have ‘‘substantial direct
                                                 respond to a collection of information                  result in expenditures to State, local,               effects on the States, on the relationship
                                                 unless it displays a currently valid                    and Tribal governments, in the                        between the national government and
                                                 Office of Management and Budget                         aggregate, or to the private sector, of               the States, or on the distribution of
                                                 (OMB) control number. The OMB                           $100 million or more (adjusted for                    power and responsibilities among the
                                                 control numbers for our regulations in                  inflation) in any one year. Before                    various levels of government.’’ Under
                                                 40 CFR are listed in 40 CFR part 9.                     promulgating an EPA rule for which a                  Executive Order 13132, EPA may not
                                                                                                         written statement is needed, section 205              issue a regulation that has federalism
                                                 C. Regulatory Flexibility Act                           of UMRA generally requires EPA to                     implications, that imposes substantial
                                                    The Regulatory Flexibility Act (RFA)                 identify and consider a reasonable                    direct compliance costs, and that is not
                                                 generally requires an agency to prepare                 number of regulatory alternatives and                 required by statute, unless the Federal
                                                 a regulatory flexibility analysis of any                adopt the least costly, most cost-                    government provides the funds
                                                 rule subject to notice and comment                      effective, or least burdensome                        necessary to pay the direct compliance
                                                 rulemaking requirements under the                       alternative that achieves the objectives              costs incurred by State and local
                                                 Administrative Procedure Act or any                     of the rule. The provisions of section                governments, or EPA consults with
                                                 other statute unless the agency certifies               205 of UMRA do not apply when they                    State and local officials early in the
                                                 that the rule will not have a significant               are inconsistent with applicable law.                 process of developing the proposed
                                                 economic impact on a substantial                        Moreover, section 205 of UMRA allows                  regulation. EPA also may not issue a
                                                 number of small entities. Small entities                EPA to adopt an alternative other than                regulation that has federalism
                                                 include small businesses, small                         the least costly, most cost-effective, or             implications and that preempts State
                                                 organizations, and small governmental                   least burdensome alternative if the                   law unless the Agency consults with
                                                 jurisdictions.                                          Administrator publishes with the final                State and local officials early in the
                                                    For purposes of assessing the impacts                rule an explanation why that alternative              process of developing the proposed
                                                 of today’s proposed rule on small                       was not adopted. Before EPA establishes               regulation.
                                                 entities, small entity is defined as: (1) A             any regulatory requirements that may                     This rule will not have substantial
                                                 small business as defined by the Small                  significantly or uniquely affect small                direct effects on the States, on the
                                                 Business Administration’s (SBA)                         governments, including Tribal                         relationship between the national
                                                 regulations at 13 CFR 121.201; (2) a                    governments, it must have developed                   government and the States, or on the
                                                 small governmental jurisdiction that is a               under section 203 of UMRA a small                     distribution of power and
                                                 government of a city, county, town,                     government agency plan. The plan must                 responsibilities among the various
                                                 school district or special district with a              provide for notifying potentially                     levels of government, as specified in
                                                 population of less than 50,000; and (3)                 affected small governments, enabling                  Executive Order 13132, because it
                                                 a small organization that is any not-for-               officials of affected small governments               merely addresses the State not fully
                                                 profit enterprise which is independently                to have meaningful and timely input in                meeting its obligation to prohibit
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                                                 owned and operated and is not                           the development of EPA regulatory                     emissions from interfering with other
                                                 dominant in its field.                                  proposals with significant Federal                    states measures to protect visibility
                                                    After considering the economic                       intergovernmental mandates, and                       established in the CAA. Thus, Executive
                                                 impacts of this proposed action on small                informing, educating, and advising                    Order 13132 does not apply to this
                                                 entities, I certify that this proposed                  small governments on compliance with                  action. In the spirit of Executive Order
                                                 action will not have a significant                      the regulatory requirements.                          13132, and consistent with EPA policy
                                                 economic impact on a substantial                           Under Title II of UMRA, EPA has                    to promote communications between
                                                 number of small entities. EPA’s                         determined that this proposed rule does               EPA and State and local governments,


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                                                 64172                 Federal Register / Vol. 80, No. 204 / Thursday, October 22, 2015 / Proposed Rules

                                                 EPA specifically solicits comment on                    regulatory action under Executive Order               PART 52—APPROVAL AND
                                                 this proposed rule from State and local                 12866.                                                PROMULGATION OF
                                                 officials.                                                                                                    IMPLEMENTATION PLANS
                                                                                                         I. National Technology Transfer and
                                                 F. Executive Order 13175: Consultation                  Advancement Act                                       ■ 1. The authority citation for part 52
                                                 and Coordination With Indian Tribal
                                                                                                           Section 12 of the National Technology               continues to read as follows:
                                                 Governments
                                                                                                         Transfer and Advancement Act                              Authority: 42 U.S.C. 7401 et seq.
                                                    Executive Order 13175, entitled
                                                                                                         (NTTAA) of 1995 requires Federal                      ■ 2. Section 52.1183 is amended by
                                                 Consultation and Coordination with
                                                                                                         agencies to evaluate existing technical               revising paragraphs (k), (l), (m), and (n)
                                                 Indian Tribal Governments (65 FR
                                                                                                         standards when developing a new                       and adding paragraph (o) to read as
                                                 67249, November 9, 2000), requires EPA
                                                                                                         regulation. To comply with NTTAA,                     follows:
                                                 to develop an accountable process to
                                                                                                         EPA must consider and use ‘‘voluntary
                                                 ensure ‘‘meaningful and timely input by                                                                       § 52.1183    Visibility protection.
                                                                                                         consensus standards’’ (VCS) if available
                                                 tribal officials in the development of
                                                                                                         and applicable when developing                        *      *    *      *     *
                                                 regulatory policies that have tribal
                                                                                                         programs and policies unless doing so                   (k) Tilden Mining Company, or any
                                                 implications.’’ This proposed rule does
                                                                                                         would be inconsistent with applicable                 subsequent owner/operator of the
                                                 not have tribal implications, as specified
                                                                                                         law or otherwise impractical.                         Tilden Mining Company facility in
                                                 in Executive Order 13175. It will not
                                                                                                           VCS are inapplicable to this action                 Ishpeming, Michigan, shall meet the
                                                 have substantial direct effects on tribal
                                                 governments. Thus, Executive Order                      because application of those                          following requirements:
                                                 13175 does not apply to this rule.                      requirements would be inconsistent                      (1) NOX Emission Limits.
                                                 However, EPA did discuss this action in                 with the CAA.                                           (i) An emission limit of 2.8 lbs NOX/
                                                 a June 28 conference call with the                                                                            MMBtu, based on a 720-hour rolling
                                                                                                         J. Executive Order 12898: Federal                     average, shall apply to Tilden Grate Kiln
                                                 Michigan and Minnesota Tribes.                          Actions To Address Environmental                      Line 1 when burning natural gas, and an
                                                 G. Executive Order 13045: Protection of                 Justice in Minority Populations and                   emission limit of 1.5 lbs NOX/MMBtu,
                                                 Children From Environmental Health                      Low-Income Populations                                based on a 720-hour rolling average,
                                                 Risks and Safety Risks                                                                                        shall apply to Tilden Grate Kiln Line 1
                                                                                                           Executive Order 12898 (59 FR 7629,                  when burning coal or a mixture of coal
                                                    Executive Order 13045: Protection of                 February 16, 1994), establishes Federal
                                                 Children from Environmental Health                                                                            and natural gas. These emission limits
                                                                                                         executive policy on environmental                     will become enforceable 60 months after
                                                 Risks and Safety Risks (62 FR 19885,                    justice. Its main provision directs
                                                 April 23, 1997), applies to any rule that:                                                                    [EFFECTIVE DATE OF FINAL RULE]
                                                                                                         Federal agencies, to the greatest extent              and only after EPA’s confirmation or
                                                 (1) Is determined to be economically                    practicable and permitted by law, to
                                                 significant as defined under Executive                                                                        modification of the emission limit in
                                                                                                         make environmental justice part of their              accordance with the procedures set
                                                 Order 12866; and (2) concerns an                        mission by identifying and addressing,
                                                 environmental health or safety risk that                                                                      forth below.
                                                                                                         as appropriate, disproportionately high                 (ii) Compliance with these emission
                                                 we have reason to believe may have a                    and adverse human health or
                                                 disproportionate effect on children. EPA                                                                      limits shall be demonstrated with data
                                                                                                         environmental effects of their programs,              collected by a continuous emissions
                                                 interprets EO 13045 as applying only to                 policies, and activities on minority
                                                 those regulatory actions that concern                                                                         monitoring system (CEMS) for NOX. The
                                                                                                         populations and low-income                            owner or operator must start collecting
                                                 health or safety risks, such that the                   populations in the United States.
                                                 analysis required under section 5–501 of                                                                      CEMS data for NOX upon [EFFECTIVE
                                                 the EO has the potential to influence the                 We have determined that this                        DATE OF FINAL RULE] and submit the
                                                 regulation. This action is not subject to               proposed rule, if finalized, will not have            data to EPA no later than 30 days from
                                                 EO 13045 because it does not establish                  disproportionately high and adverse                   the end of each calendar quarter. Any
                                                 an environmental standard intended to                   human health or environmental effects                 remaining data through the end of the
                                                 mitigate health or safety risks. This                   on minority or low-income populations                 57th month from [EFFECTIVE DATE OF
                                                 proposed action addresses regional haze                 because it increases the level of                     FINAL RULE], that doesn’t fall within a
                                                 and visibility protection. Further,                     environmental protection for all affected             calendar quarter, must be submitted to
                                                 because this proposed amendment to                      populations without having any                        EPA no later than 7 days from the end
                                                 the current regulation will require                     disproportionately high and adverse                   of the 57th month. Although CEMS data
                                                 controls that will cost an amount equal                 human health or environmental effects                 must continue to be collected, it does
                                                 to or less than the cost of controls                    on any population, including any                      not need to be submitted to EPA starting
                                                 required under the current regulation, it               minority or low-income population.                    57 months after [EFFECTIVE DATE OF
                                                 is not an economically significant                      List of Subjects in 40 CFR Part 52                    FINAL RULE].
                                                 regulatory action. However, to the                                                                              (iii) No later than 48 months from
                                                 extent this proposed rule will limit                      Environmental protection, Air                       [EFFECTIVE DATE OF FINAL RULE],
                                                 emissions of NOX, SO2, and PM, the rule                 pollution control, Incorporation by                   the owner or operator must submit to
                                                 will have a beneficial effect on                        reference, Intergovernmental relations,               EPA a report, including any final
                                                 children’s health by reducing air                       Nitrogen dioxide, Particulate matter,                 report(s) completed by the selected NOX
                                                 pollution.                                              Reporting and recordkeeping                           reduction technology supplier and
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                                                                                                         requirements, Sulfur oxides, Volatile                 furnace retrofit engineer, containing a
                                                 H. Executive Order 13211: Actions                       organic compounds.                                    detailed engineering analysis and
                                                 Concerning Regulations That                                                                                   modeling of the NOX reduction control
                                                 Significantly Affect Energy Supply,                       Dated: September 8, 2015.
                                                                                                                                                               technology being installed on Tilden
                                                 Distribution, or Use                                    Susan Hedman
                                                                                                                                                               Grate Kiln Line 1. This report must
                                                                                                         Regional Administrator, Region 5.
                                                   This action is not subject to Executive                                                                     include a list of all variables that can
                                                 Order 13211 (66 FR 28355 (May 22,                         40 CFR part 52 is proposed to be                    reasonably be expected to have an
                                                 2001)), because it is not a significant                 amended as follows:                                   impact on NOX emission control


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                                                                       Federal Register / Vol. 80, No. 204 / Thursday, October 22, 2015 / Proposed Rules                                         64173

                                                 technology performance, as well as a                    Line 1 within the upper and lower                     may not exceed 2.5 lbs NOX/MMBtu,
                                                 description of how these variables can                  bounds described below. EPA will                      based on a 720-hour rolling average.
                                                 be adjusted to reduce NOX emissions to                  review the report and either confirm or                  (viii) If the owner or operator submits
                                                 meet the NOX design emission limit.                     modify the NOX limits. If the CEMS data               a report proposing a single NOX limit for
                                                 This NOx reduction control technology                   collected during operating periods                    all fuels, EPA may approve the
                                                 must be designed to meet emission                       between months 50 and 57 that both                    proposed NOX limit for all fuels based
                                                 limits of 2.8 lbs NOX/MMBtu when                        meet pellet quality specifications and                on a 30-day rolling average. The
                                                 burning natural gas and 1.5 lbs NOX/                    proper furnace/burner operation is                    confirmed or modified limit will be
                                                 MMBtu when burning coal or a mixture                    normally distributed, the limit                       established and enforceable within 60
                                                 of coal and natural gas.                                adjustment determination shall be based               months from [EFFECTIVE DATE OF
                                                    (iv) The NOX reduction control                       on the appropriate (depending upon                    FINAL RULE].
                                                 technology shall be installed on Tilden                                                                          (2) SO2 Emission Limits. A fuel sulfur
                                                                                                         whether data are statistically
                                                 Grate Kiln Line 1 furnace no later than                                                                       content limit of no greater than 1.20
                                                                                                         independent or dependent) 95% upper
                                                 50 months from the effective date of the                                                                      percent sulfur content by weight shall
                                                                                                         predictive limit (UPL) equations in
                                                 rule.                                                                                                         apply to fuel combusted in Process
                                                    (v) Commencing on the earlier of:                    paragraph (o) of this section. If the                 Boiler #1 (EUBOILER1) and Process
                                                    (A) Six months from the installation                 CEMS data collected during operating                  Boiler #2 (EUBOILER2) beginning three
                                                 of the NOX reduction control                            periods between months 50 and 57 that                 months from March 8, 2013. A fuel
                                                 technology; or                                          both meet pellet quality specifications               sulfur content limit of no greater than
                                                    (B) 50 months from [EFFECTIVE                        and proper furnace/burner operation are               1.50 percent sulfur content by weight
                                                 DATE OF FINAL RULE], the owner or                       not normally distributed, the limit                   shall apply to fuel combusted in the
                                                 operator must provide to EPA the                        adjustment determination shall be based               Line 1 Dryer (EUDRYER1) beginning 3
                                                 results from pellet quality analyses. The               on the non-parametric equation                        months from March 8, 2013. The
                                                 owner or operator shall provide the                     provided in paragraph (o) of this                     sampling and calculation methodology
                                                 results from pellet quality analyses no                 section. The data set for the                         for determining the sulfur content of
                                                 later than 30 days from the end of each                 determination shall exclude periods                   fuel must be described in the
                                                 calendar quarter up until 57 months                     when pellet quality did not fall within               monitoring plan required at paragraph
                                                 after [EFFECTIVE DATE OF FINAL                          the defined acceptable ranges of the                  (n)(8)(x) of this section.
                                                 RULE]. Any remaining results through                    pellet quality factors identified pursuant               (3) The owner or operator of the
                                                 the end of the 57th month, that do not                  to paragraph (k)(1)(v) of this section and            Tilden Grate Kiln Line 1 furnace shall
                                                 fall within a calendar quarter, must be                 for any subsequent period when                        meet an emission limit of 500 lbs SO2/
                                                 submitted to EPA no later than seven                    production had been reduced in                        hr based on a 30-day rolling average
                                                 days from the end of the 57th month.                    response to pellet quality concerns                   beginning six months after [EFFECTIVE
                                                 The pellet quality analyses shall include               consistent with Tilden’s ISO 9001                     DATE OF FINAL RULE]. Compliance
                                                 results for the following factors:                      operating standards. Any excluded                     with these emission limits shall be
                                                 Compression, reducibility, before                       period will commence at the time                      demonstrated with data collected by a
                                                 tumble, after tumble, and low                           documented on the production log                      CEMS for SO2. The owner or operator
                                                 temperature disintegration. For each of                 demonstrating pellet quality did not fall             must start collecting CEMS data for SO2
                                                 the pellet quality analysis factors, the                within the defined acceptable range,                  beginning six months after [EFFECTIVE
                                                 owner or operator must explain the                      and shall end when pellet quality                     DATE OF FINAL RULE] and submit the
                                                 pellet quality analysis factor, as well as              within the defined acceptable range has               data to EPA no later than 30 days from
                                                 the defined acceptable range for each                   been re-established at planned                        the end of each calendar quarter. The
                                                 factor using the applicable product                     production levels, which will presumed                Tilden Grate Kiln Line 1 furnace shall
                                                 quality standards based upon                            to be the level that existed immediately              not be limited to natural gas fuel.
                                                 customers’ pellet specifications that are               prior to the reduction in production due              Beginning 6 months after [EFFECTIVE
                                                 contained in Tilden’s ISO 9001 quality                  to pellet quality concerns. EPA may also              DATE OF FINAL RULE], any coal
                                                 management system. The owner or                         exclude data where operations are                     burned on Tilden Grate Kiln Line 1
                                                 operator shall provide pellet quality                   inconsistent with the reported design                 shall have no more than 0.60 percent
                                                 analysis testing results that state the                 parameters of the NOX reduction control               sulfur by weight based on a monthly
                                                 date and time of the analysis and, in                   technology that were installed.                       block average. The sampling and
                                                 order to define the time period when                                                                          calculation methodology for
                                                 pellets were produced outside of the                      (vii) EPA will take final agency action             determining the sulfur content of coal
                                                 defined acceptable range for the pellet                 by publishing its final confirmation or               must be described in the monitoring
                                                 quality factors listed, provide copies of               modification of the NOX limits in the                 plan required for this furnace. The
                                                 the production logs that document the                   Federal Register no later than 60                     owner or operator must calculate an SO2
                                                 starting and ending times for such                      months after [EFFECTIVE DATE OF                       limit based on twelve continuous
                                                 periods. The owner or operator shall                    FINAL RULE]. The confirmed or                         months of CEMS emissions data and
                                                 provide an explanation of causes for                    modified NOX limit for Tilden Grate                   submit such limit, calculations, and
                                                 pellet samples that fail to meet the                    Kiln Line 1 when burning only natural                 CEMS data to EPA no later than 36
                                                 acceptable range for any pellet quality                 gas may be no lower than 2.8 lbs NOX/                 months after [EFFECTIVE DATE OF
                                                 analysis factor. Pellet quality                         MMBtu, based on a 720-hour rolling                    FINAL RULE]. If the submitted CEMS
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                                                 information and data may be submitted                   average, and may not exceed 3.0 lbs                   SO2 hourly data is normally distributed,
                                                 to EPA as Confidential Business                         NOX/MMBtu, based on a 720-hour                        the SO2 lbs/hr emission rate shall be
                                                 Information.                                            rolling average. The confirmed or                     based on the appropriate (depending
                                                    (vi) No later than 57 months after                   modified NOX limit for Tilden Grate                   upon whether data are statistically
                                                 [EFFECTIVE DATE OF FINAL RULE],                         Kiln Line 1 when burning coal or a                    independent or dependent) 99% upper
                                                 the owner or operator may submit to                     mixture of coal and natural gas may be                predictive limit (UPL) equation. If the
                                                 EPA a report to either confirm or modify                no lower than 1.5 lbs NOX/MMBtu,                      submitted CEMS SO2 hourly data is not
                                                 the NOX limits for Tilden Grate Kiln                    based on a 720-hour rolling average, and              normally distributed, the SO2 lbs/hr


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                                                 64174                 Federal Register / Vol. 80, No. 204 / Thursday, October 22, 2015 / Proposed Rules

                                                 emission rate shall be based on the non-                   (4) For purposes of this section, all                 (A) Complete a minimum of one cycle
                                                 parametric equation provided in                         CEMS required by this regulation must                 of operation (sampling, analyzing, and
                                                 paragraph (o) of this section.                          meet the requirements of paragraphs                   data recording) for each successive 15-
                                                 Compliance to the SO2 lbs/hr emission                   (l)(4)(i) through (xiv) of this section.              minute quadrant of an hour.
                                                 rate shall be determined on a 30-day                       (i) All CEMS must be installed,                       (B) Sample, analyze and record
                                                 rolling average basis. EPA will take final              certified, calibrated, maintained, and                emissions data for all periods of process
                                                 agency action by publishing a                           operated in accordance with 40 CFR                    operation except as described in
                                                 confirmation or modification of the SO2                 part 60, appendix B, Performance                      paragraph (l)(4)(viii)(C) of this section.
                                                 limit in the Federal Register no later                  Specification 2 (PS–2) and appendix F,                   (C) When emission data from CEMS
                                                 than 39 months after [EFFECTIVE DATE                    Procedure 1.                                          are not available due to continuous
                                                 OF FINAL RULE]. EPA may adjust the                         (ii) All CEMS associated with                      monitoring system breakdowns, repairs,
                                                 500 lbs/hr SO2 limit downward to                        monitoring NOX (including the NOX                     calibration checks, or zero and span
                                                 reflect the calculated SO2 emission rate;               monitor and necessary diluent and flow                adjustments, emission data must be
                                                 however, EPA will not increase the SO2                  rate monitors) must be installed and                  obtained using other monitoring
                                                 limit above 500 lbs/hr.                                 operational upon [EFFECTIVE DATE OF                   systems or emission estimation methods
                                                    (4) Starting 26 months from                          FINAL RULE]. All CEMS associated                      approved by the EPA. The other
                                                 [EFFECTIVE DATE OF FINAL RULE],                         with monitoring SO2 must be installed                 monitoring systems or emission
                                                 records shall be kept for any day during                and operational no later than six months              estimation methods to be used must be
                                                 which fuel oil is burned as fuel (either                after [EFFECTIVE DATE OF FINAL                        incorporated into the monitoring plan
                                                 alone or blended with other fuels) in                   RULE]. Verification of the CEMS                       required by this section and provide
                                                 Grate Kiln Line 1. These records must                   operational status shall, as a minimum,               information such that emissions data are
                                                 include, at a minimum, the gallons of                   include completion of the                             available for a minimum of 18 hours in
                                                 fuel oil burned per hour, the sulfur                    manufacturer’s written requirements or                each 24-hour period and at least 22 out
                                                 content of the fuel oil, and the SO2                    recommendations for installation,                     of 30 successive unit operating days.
                                                 emissions in pounds per hour.                                                                                    (ix) Owners or operators of each
                                                                                                         operation, and calibration of the
                                                    (5) Starting 26 months from                                                                                CEMS required by this section must
                                                                                                         devices.
                                                 [EFFECTIVE DATE OF FINAL RULE],                                                                               reduce all data to 1-hour averages.
                                                                                                            (iii) The owner or operator must
                                                 the SO2 limit for Grate Kiln Line 1 does                                                                      Hourly averages shall be computed
                                                                                                         conduct a performance evaluation of
                                                 not apply for any hour in which it is                                                                         using all valid data obtained within the
                                                                                                         each CEMS in accordance with 40 CFR
                                                 documented that there is a natural gas                                                                        hour but no less than one data point in
                                                                                                         part 60, appendix B, PS–2. The
                                                 curtailment, beyond Cliffs’ control,                                                                          each fifteen-minute quadrant of an hour.
                                                                                                         performance evaluations must be
                                                 necessitating that the supply of natural                                                                      Notwithstanding this requirement, an
                                                                                                         completed no later than 60 days after
                                                 gas to Tilden’s Line 1 indurating furnace                                                                     hourly average may be computed from
                                                 is restricted or eliminated. Records must               the respective CEMS installation.
                                                                                                                                                               at least two data points separated by a
                                                 be kept of the cause of the curtailment                    (iv) The owner or operator of each
                                                                                                                                                               minimum of 15 minutes (where the unit
                                                 and duration of such curtailment.                       CEMS must conduct periodic Quality
                                                                                                                                                               operates for more than one quadrant in
                                                 During such curtailment, the use of                     Assurance, Quality Control (QA/QC)
                                                                                                                                                               an hour) if data are unavailable as a
                                                 backup coal is restricted to coal with no               checks of each CEMS in accordance
                                                                                                                                                               result of performance of calibration,
                                                 greater than 0.60 percent sulfur by                     with 40 CFR part 60, appendix F,
                                                                                                                                                               quality assurance, preventive
                                                 weight.                                                 Procedure 1. The first CEMS accuracy
                                                                                                                                                               maintenance activities, or backups of
                                                    (l) Testing and Monitoring (1) The                   test will be a relative accuracy test audit
                                                                                                                                                               data from data acquisition and handling
                                                 owner or operator shall install, certify,               (RATA) and must be completed no later
                                                                                                                                                               systems, and recertification events.
                                                 calibrate, maintain and operate a CEMS                  than 60 days after the respective CEMS                   (x) The 30-day rolling average
                                                 for NOX on Tilden Grate Kiln Line 1.                    installation.                                         emission rate determined from data
                                                 Compliance with the emission limits for                    (v) The owner or operator of each                  derived from the CEMS required by this
                                                 NOX shall be determined using data                      CEMS must furnish the Regional                        section (in lbs/MMBtu or lbs/hr
                                                 from the CEMS.                                          Administrator two, or upon request,                   depending on the emission standard
                                                    (2) The owner or operator shall                      more copies of a written report of the                selected) must be calculated in
                                                 install, certify, calibrate, maintain and               results of each performance evaluation                accordance with paragraphs (l)(4)(x)(A)
                                                 operate a CEMS for SO2 on Tilden Grate                  and QA/QC check within 60 days of                     through (F) of this section.
                                                 Kiln Line 1. Compliance with the                        completion.                                              (A) Sum the total pounds of the
                                                 emission standard selected for SO2 shall                   (vi) The owner or operator of each                 pollutant in question emitted from the
                                                 be determined using data from the                       CEMS must check, record, and quantify                 Unit during an operating day and the
                                                 CEMS.                                                   the zero and span calibration drifts at               previous 29 operating days.
                                                    (3) The owner or operator shall                      least once daily (every 24 hours) in                     (B) Sum the total heat input to the
                                                 install, certify, calibrate, maintain and               accordance with 40 CFR part 60,                       unit (in MMBtu) or the total actual
                                                 operate one or more continuous diluent                  appendix F, Procedure 1, Section 4.                   hours of operation (in hours) during an
                                                 monitor(s) (O2 or CO2) and continuous                      (vii) Except for CEMS breakdowns,                  operating day and the previous 29
                                                 flow rate monitor(s) on Tilden Grate                    repairs, calibration checks, and zero and             operating days.
                                                 Kiln Line 1 to allow conversion of the                  span adjustments, all CEMS required by                   (C) Divide the total number of pounds
                                                 NOX and SO2 concentrations to units of                  this section shall be in continuous                   of the pollutant in question emitted
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                                                 the standard (lbs/MMBtu and lbs/hr,                     operation during all periods of process               during the 30 operating days by the total
                                                 respectively) unless a demonstration is                 operation of the indurating furnaces,                 heat input (or actual hours of operation
                                                 made that a diluent monitor and                         including periods of process unit                     depending on the emission limit
                                                 continuous flow rate monitor are not                    startup, shutdown, and malfunction.                   selected) during the 30 operating days.
                                                 needed for the owner or operator to                        (viii) All CEMS required by this                      (D) For purposes of this calculation,
                                                 demonstrate compliance with                             section must meet the minimum data                    an operating day is any day during
                                                 applicable emission limits in units of                  requirements at paragraphs (l)(4)(viii)(A)            which fuel is combusted in the BART
                                                 the standards.                                          through (C) of this section.                          affected Unit regardless of whether


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                                                                       Federal Register / Vol. 80, No. 204 / Thursday, October 22, 2015 / Proposed Rules                                         64175

                                                 pellets are produced. Actual hours of                   corrective action program for                         appropriate unit of the emission
                                                 operation are the total hours a unit is                 malfunctioning CEMS.                                  limitation using appropriate conversion
                                                 firing fuel regardless of whether a                        (m) Recordkeeping Requirements.                    factors and F-factors. F-factors used for
                                                 complete 24-hour operational cycle                      (1)(i) Records required by this section               purposes of this section shall be
                                                 occurs (i.e. if the furnace is firing fuel              must be kept in a form suitable and                   documented in the monitoring plan and
                                                 for only five hours during a 24-hour                    readily available for expeditious review.             developed in accordance with 40 CFR
                                                 period, then the actual operating hours                    (ii) Records required by this section              part 60, appendix A, Method 19. The
                                                 for that day are five. Similarly, total                 must be kept for a minimum of 5 years                 owner or operator may use an alternate
                                                 number of pounds of the pollutant in                    following the date of creation.                       method to calculate the NOX emissions
                                                 question for that day is determined only                   (iii) Records must be kept on site for             upon written approval from EPA.
                                                 from the CEMS data for the five hours                   at least 2 years following the date of                   (ix) Records of the SO2 emissions or
                                                 during which fuel is combusted.)                        creation and may be kept offsite, but                 records of the removal efficiency (based
                                                    (E) If the owner or operator of the                  readily accessible, for the remaining 3               on CEMS data), depending on the
                                                 CEMS required by this section uses an                   years.                                                emission standard selected, during all
                                                 alternative method to determine 30-day                     (2) The owner or operator of the                   periods of operation, including periods
                                                 rolling averages, that method must be                   BART affected unit must maintain the                  of startup, shutdown and malfunction,
                                                 described in detail in the monitoring                   records identified in paragraphs                      in the units of the standard.
                                                 plan required by this section. The                      (m)(2)(i) through (xi) of this section.                  (x) Records associated with the CEMS
                                                 alternative method will only be                            (i) A copy of each notification and                unit including type of CEMS, CEMS
                                                 applicable if the final monitoring plan                 report developed for and submitted to                 model number, CEMS serial number,
                                                 and the alternative method are approved                 comply with this section including all                and initial certification of each CEMS
                                                 by EPA.                                                 documentation supporting any initial                  conducted in accordance with 40 CFR
                                                    (F) A new 30-day rolling average                     notification or notification of                       part 60, appendix B, Performance
                                                 emission rate must be calculated for the                compliance status submitted, according                Specification 2 must be kept for the life
                                                 period ending each new operating day.                   to the requirements of this section.                  of the CEMS unit.
                                                    (xi) The 720-hour rolling average                       (ii) Records of the occurrence and                    (xi) Records of all periods of fuel oil
                                                 emission rate determined from data                      duration of each startup, shutdown, and               usage as required in paragraph (k)(4) of
                                                 derived from the CEMS required by this                  malfunction of the BART affected unit,                this section.
                                                 section (in lbs/MMBtu) must be                          air pollution control equipment, and                     (n) Reporting requirements.
                                                 calculated in accordance with                           CEMS required by this section.                           (1) All requests, reports, submittals,
                                                 paragraphs (l)(4)(xi)(A) through (C) of                    (iii) Records of activities taken during           notifications, and other communications
                                                 this section.                                           each startup, shutdown, and                           to the Regional Administrator required
                                                    (A) Sum the total pounds of NOX                      malfunction of the BART affected unit,                by this section shall be submitted,
                                                 emitted from the unit every hour and                    air pollution control equipment, and                  unless instructed otherwise, to the Air
                                                 the previous (not necessarily                           CEMS required by this section.                        and Radiation Division, U.S.
                                                 consecutive) 719 hours for which that                      (iv) Records of the occurrence and                 Environmental Protection Agency,
                                                 type of fuel (either natural gas or mixed               duration of all major maintenance                     Region 5 (A–18J) at 77 West Jackson
                                                 coal and natural gas) was used.                         conducted on the BART affected unit,                  Boulevard, Chicago, Illinois 60604.
                                                    (B) Sum the total heat input to the                  air pollution control equipment, and                  References in this section to the
                                                 unit (in MMBtu) every hour and the                      CEMS required by this section.                        Regional Administrator shall mean the
                                                 previous (not necessarily consecutive)                     (v) Records of each excess emission                EPA Regional Administrator for Region
                                                 719 hours for which that type of fuel                   report, including all documentation                   5.
                                                 (either natural gas or mixed coal and                   supporting the reports, dates and times                  (2) The owner or operator of each
                                                 natural gas) was used.                                  when excess emissions occurred,                       BART affected unit identified in this
                                                    (C) Divide the total number of pounds                investigations into the causes of excess              section and CEMS required by this
                                                 of NOX emitted during the 720 hours, as                 emissions, actions taken to minimize or               section must provide to the Regional
                                                 defined above, by the total heat input                  eliminate the excess emissions, and                   Administrator the written notifications,
                                                 during the same 720 hour period. This                   preventative measures to avoid the                    reports and plans identified at (n)(2)(i)
                                                 calculation must be done separately for                 cause of excess emissions from                        through (viii) of this section. If
                                                 each fuel type (either for natural gas or               occurring again.                                      acceptable to both the Regional
                                                 mixed coal and natural gas).                               (vi) Records of all CEMS data                      Administrator and the owner or
                                                    (xii) Data substitution must not be                  including, as a minimum, the date,                    operator of each BART affected unit
                                                 used for purposes of determining                        location, and time of sampling or                     identified in this section and CEMS
                                                 compliance under this regulation.                       measurement, parameters sampled or                    required by this section the owner or
                                                    (xiii) All CEMS data shall be reduced                measured, and results.                                operator may provide electronic
                                                 and reported in units of the applicable                    (vii) All records associated with                  notifications, reports and plans.
                                                 standard.                                               quality assurance and quality control                    (i) A notification of the date
                                                    (xiv) A Quality Control Program must                 activities on each CEMS as well as other              construction of control devices and
                                                 be developed and implemented for all                    records required by 40 CFR part 60,                   installation of burners required by this
                                                 CEMS required by this section in                        appendix F, Procedure 1 including, but                section commences postmarked no later
                                                 accordance with 40 CFR part 60,                         not limited to, the quality control                   than 30 days after the commencement
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                                                 appendix F, Procedure 1, Section 3. The                 program, audit results, and reports                   date.
                                                 program will include, at a minimum,                     submitted as required by this section.                   (ii) A notification of the date the
                                                 written procedures and operations for                      (viii) Records of the NOX emissions                installation of each CEMS required by
                                                 calibration checks, calibration drift                   during all periods of BART affected unit              this section commences postmarked no
                                                 adjustments, preventative maintenance,                  operation, including startup, shutdown                later than 30 days after the
                                                 data collection, recording and reporting,               and malfunction, in the units of the                  commencement date.
                                                 accuracy audits/procedures, periodic                    standard. The owner or operator shall                    (iii) A notification of the date the
                                                 performance evaluations, and a                          convert the monitored data into the                   construction of control devices and


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                                                 64176                 Federal Register / Vol. 80, No. 204 / Thursday, October 22, 2015 / Proposed Rules

                                                 installation of burners required by this                process and air pollution control and                 during the reporting period and a
                                                 section is complete postmarked no later                 monitoring equipment used to comply                   description of the actions the owner or
                                                 than 30 days after the completion date.                 with the relevant standard. The plan                  operator took to minimize or eliminate
                                                    (iv) A notification of the date the                  must ensure that, at all times, the owner             emissions arising as a result of the
                                                 installation of each CEMS required by                   or operator operates and maintains each               startup, shutdown or malfunction and
                                                 this section is complete postmarked no                  affected source, including associated air             whether those actions were or were not
                                                 later than 30 days after the completion                 pollution control and monitoring                      consistent with the source’s startup,
                                                 date.                                                   equipment, in a manner which satisfies                shutdown, and malfunction plan.
                                                    (v) A notification of the startup date               the general duty to minimize or                          (vi) A statement identifying whether
                                                 for control devices and burners installed               eliminate emissions using good air                    there were or were not any deviations
                                                 as a result of this section postmarked no               pollution control practices. The plan                 from the requirements of this section
                                                 later than 30 days after the startup date.              must ensure that owners or operators                  during the reporting period. If there
                                                    (vi) A notification of the startup date              are prepared to correct malfunctions as               were deviations from the requirements
                                                 for CEMS required by this section                       soon as practicable after their                       of this section during the reporting
                                                 postmarked no later than 30 days after                  occurrence.                                           period, then the compliance report must
                                                 the startup date.                                          (4) The written reports of the results             describe in detail the deviations which
                                                    (vii) A notification of the date upon                of each performance evaluation and QA/                occurred, the causes of the deviations,
                                                 which the initial CEMS performance                      QC check in accordance with and as                    actions taken to address the deviations,
                                                 evaluations are planned. This                           required in paragraph (l)(4)(v) of this               and procedures put in place to avoid
                                                 notification must be submitted at least                 section.                                              such deviations in the future. If there
                                                 60 days before the performance                             (5) Compliance Reports. The owner or               were no deviations from the
                                                 evaluation is scheduled to begin.                       operator of each BART affected unit                   requirements of this section during the
                                                    (viii) A notification of initial                     must submit semiannual compliance                     reporting period, then the compliance
                                                 compliance, signed by the responsible                   reports. The semiannual compliance                    report must include a statement that
                                                 official who shall certify its accuracy,                reports must be submitted in accordance               there were no deviations. For purposes
                                                 attesting to whether the source has                     with paragraphs (n)(5)(i) through (iv) of             of this section, deviations include, but
                                                 complied with the requirements of this                  this section, unless the Regional                     are not limited to, emissions in excess
                                                 section, including, but not limited to,                 Administrator has approved a different                of applicable emission standards
                                                 applicable emission standards, control                  schedule.                                             established by this section, failure to
                                                 device and burner installations, CEMS                      (i) The first compliance report must               continuously operate an air pollution
                                                 installation and certification. This                    cover the period beginning on the                     control device in accordance with
                                                 notification must be submitted before                   compliance date that is specified for the             operating requirements designed to
                                                 the close of business on the 60th                       affected source through June 30 or                    assure compliance with emission
                                                 calendar day following the completion                   December 31, whichever date comes                     standards, failure to continuously
                                                 of the compliance demonstration and                     first after the compliance date that is               operate CEMS required by this section,
                                                 must include, at a minimum, the                         specified for the affected source.                    and failure to maintain records or
                                                 information in paragraphs (n)(2)(viii)                     (ii) The first compliance report must              submit reports required by this section.
                                                 (A) through (F) of this section.                        be postmarked no later than 30 calendar                  (7) Each owner or operator of a CEMS
                                                    (A) The methods used to determine                    days after the reporting period covered               required by this section must submit
                                                 compliance.                                             by that report (July 30 or January 30),               quarterly excess emissions and
                                                    (B) The results of any CEMS                          whichever comes first.                                monitoring system performance reports
                                                 performance evaluations, and other                         (iii) Each subsequent compliance                   to the Regional Administrator for each
                                                 monitoring procedures or methods that                   report must cover the semiannual                      pollutant monitored for each BART
                                                 were conducted.                                         reporting period from January 1 through
                                                    (C) The methods that will be used for                                                                      affected unit monitored. All reports
                                                                                                         June 30 or the semiannual reporting                   must be postmarked by the 30th day
                                                 determining continuing compliance,                      period from July 1 through December
                                                 including a description of monitoring                                                                         following the end of each three-month
                                                                                                         31.                                                   period of a calendar year (January–
                                                 and reporting requirements and test                        (iv) Each subsequent compliance
                                                 methods.                                                                                                      March, April–June, July–September,
                                                                                                         report must be postmarked no later than
                                                    (D) The type and quantity of air                                                                           October–December) and must include,
                                                                                                         30 calendar days after the reporting
                                                 pollutants emitted by the source,                                                                             at a minimum, the requirements of
                                                                                                         period covered by that report (July 30 or
                                                 reported in units of the standard.                                                                            paragraphs (n)(7)(i)–(xv) of this section.
                                                                                                         January 30).
                                                    (E) A description of the air pollution                                                                        (i) Company name and address.
                                                                                                            (6) Compliance report contents. Each
                                                 control equipment and burners installed                 compliance report must include the                       (ii) Identification and description of
                                                 as required by this section, for each                   information in paragraphs (6)(i) through              the process unit being monitored.
                                                 emission point.                                         (vi) of this section.                                    (iii) The dates covered by the
                                                    (F) A statement by the owner or                         (i) Company name and address.                      reporting period.
                                                 operator as to whether the source has                      (ii) Statement by a responsible                       (iv) Total source operating hours for
                                                 complied with the relevant standards                    official, with the official’s name, title,            the reporting period.
                                                 and other requirements.                                 and signature, certifying the truth,                     (v) Monitor manufacturer, monitor
                                                    (3) The owner or operator must                       accuracy, and completeness of the                     model number and monitor serial
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                                                 develop and implement a written                         content of the report.                                number.
                                                 startup, shutdown, and malfunction                         (iii) Date of report and beginning and                (vi) Pollutant monitored.
                                                 plan for NOX and SO2. The plan must                     ending dates of the reporting period.                    (vii) Emission limitation for the
                                                 include, at a minimum, procedures for                      (iv) Identification of the process unit,           monitored pollutant.
                                                 operating and maintaining the source                    control devices, and CEMS covered by                     (viii) Date of latest CEMS certification
                                                 during periods of startup, shutdown,                    the compliance report.                                or audit.
                                                 and malfunction; and a program of                          (v) A record of each period of a                      (ix) A description of any changes in
                                                 corrective action for a malfunctioning                  startup, shutdown, or malfunction                     continuous monitoring systems,


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                                                                       Federal Register / Vol. 80, No. 204 / Thursday, October 22, 2015 / Proposed Rules                                         64177

                                                 processes, or controls since the last                   after the first, then that new excess                 paragraphs (n)(7)(xii)(A) through (F) of
                                                 reporting period.                                       emission will add 15 days to the total                this section.
                                                    (x) A table summarizing the total                    days of excess emissions (i.e. 30 + 15 =                 (A) The date of each excess emission.
                                                 duration of excess emissions, as defined                45). For purposes of this section, if an                 (B) The beginning and end time of
                                                 in paragraphs (n)(7)(x)(A) through (B) of               excess emission is calculated for any                 each excess emission.
                                                 this section, for the reporting period                  period of time with a reporting period,                  (C) The pollutant for which an excess
                                                 broken down by the cause of those                       there will be no fewer than 30 days of                emission occurred.
                                                 excess emissions (startup/shutdown,                     excess emissions but there should be no                  (D) The magnitude of the excess
                                                 control equipment problems, process                     more than 121 days of excess emissions                emission.
                                                 problems, other known causes,                           for a reporting period.                                  (E) The cause of the excess emission.
                                                 unknown causes), and the total percent                     (C) For purposes of this section, the                 (F) The corrective action taken or
                                                 of excess emissions (for all causes) for                total percent of excess emissions will be             preventative measures adopted to
                                                 the reporting period calculated as                      determined by summing all periods of                  minimize or eliminate the excess
                                                 described in paragraphs (n)(7)(x)(C) of                 excess emissions (in days) for the                    emissions and prevent such excess
                                                 this section.                                           reporting period, dividing that number                emission from occurring again.
                                                    (A) For purposes of section, an excess               by the total BART affected unit                          (xiii) A table which identifies each
                                                 emission is defined as any 30-day or                    operating days for the reporting period,              period of monitor downtime for the
                                                 720-hour rolling average period,                        and then multiplying by 100 to get the                reporting period and includes, at a
                                                 including periods of startup, shutdown                  total percent of excess emissions for the             minimum, the information in paragraph
                                                 and malfunction, during which the 30-                   reporting period. An operating day, as                (n)(7)(xiii)(A) through (D) of this
                                                 day or 720-hour (as appropriate) rolling                defined previously, is any day during                 section.
                                                 average emissions of either regulated                   which fuel is fired in the BART affected                 (A) The date of each period of monitor
                                                 pollutant (SO2 and NOX), as measured                    unit for any period of time. Because of               downtime.
                                                 by a CEMS, exceeds the applicable                                                                                (B) The beginning and end time of
                                                                                                         the possible overlap of 30-day rolling
                                                 emission standards in this section.                                                                           each period of monitor downtime.
                                                                                                         average excess emissions across
                                                    (B)(1) For purposes of this section, if                                                                       (C) The cause of the period of monitor
                                                                                                         quarters, there are some situations
                                                 a facility calculates a 30-day rolling                                                                        downtime.
                                                                                                         where the total percent of excess                        (D) The corrective action taken or
                                                 average emission rate in accordance
                                                                                                         emissions could exceed 100 percent.                   preventative measures adopted for
                                                 with this section which exceeds the
                                                                                                         This extreme situation would only                     system repairs or adjustments to
                                                 applicable emission standards of this
                                                                                                         result from serious excess emissions                  minimize or eliminate monitor
                                                 section then it will be considered 30
                                                 days of excess emissions. If the                        problems where excess emissions occur                 downtime and prevent such downtime
                                                 following 30-day rolling average                        for nearly every day during a reporting               from occurring again.
                                                 emission rate is calculated and found to                period.                                                  (xiv) If there were no periods of
                                                 exceed the applicable emission                             (xi) A table summarizing the total                 excess emissions during the reporting
                                                 standards of this section as well, then it              duration of monitor downtime, as                      period, then the excess emission report
                                                 will add one more day to the total days                 defined at (n)(7)(xi)(A) of this section,             must include a statement which says
                                                 of excess emissions (i.e. 31 days).                     for the reporting period broken down by               there were no periods of excess
                                                 Similarly, if an excess emission is                     the cause of the monitor downtime                     emissions during this reporting period.
                                                 calculated for a 30-day rolling average                 (monitor equipment malfunctions, non-                    (xv) If there were no periods of
                                                 period and no additional excess                         monitor equipment malfunctions,                       monitor downtime, except for daily zero
                                                 emissions are calculated until 15 days                  quality assurance calibration, other                  and span checks, during the reporting
                                                 after the first, then that new excess                   known causes, unknown causes), and                    period, then the excess emission report
                                                 emission will add 15 days to the total                  the total percent of monitor downtime                 must include a statement which says
                                                 days of excess emissions (i.e. 30 + 15 =                (for all causes) for the reporting period             there were no periods of monitor
                                                 45). For purposes of this section, if an                calculated as described in paragraph                  downtime during this reporting period
                                                 excess emission is calculated for any                   (n)(7)(xi)(B) of this section.                        except for the daily zero and span
                                                 period of time within a reporting period,                  (A) For purposes of this section,                  checks.
                                                 there will be no fewer than 30 days of                  monitor downtime is defined as any                       (8) The owner or operator of each
                                                 excess emissions but there should be no                 period of time (in hours) during which                CEMS required by this section must
                                                 more than 121 days of excess emissions                  the required monitoring system was not                develop and submit for review and
                                                 for a reporting period.                                 measuring emissions from the BART                     approval by the Regional Administrator
                                                    (2) For purposes of this section, if a               affected unit. This includes any period               a site specific monitoring plan. The
                                                 facility calculates a 720-hour rolling                  of CEMS QA/QC, daily zero and span                    purpose of this monitoring plan is to
                                                 average emission rate in accordance                     checks, and similar activities.                       establish procedures and practices
                                                 with this section which exceeds the                        (B) For purposes of this section, the              which will be implemented by the
                                                 applicable emission standards of this                   total percent of monitor downtime will                owner or operator in its effort to comply
                                                 section, then it will be considered 30                  be determined by summing all periods                  with the monitoring, recordkeeping and
                                                 days of excess emissions. If the 24th                   of monitor downtime (in hours) for the                reporting requirements of this section.
                                                 following 720-hour rolling average                      reporting period, dividing that number                The monitoring plan must include, at a
                                                 emission rate is calculated and found to                by the total number of BART affected                  minimum, the information in
tkelley on DSK3SPTVN1PROD with PROPOSALS2




                                                 exceed the applicable emission                          unit operating hours for the reporting                paragraphs (n)(8)(i)–(x) of this section.
                                                 standards of the rule as well, then it will             period, and then multiplying by 100 to                   (i) Site specific information including
                                                 add one more day to the total days of                   get the total percent of excess emissions             the company name, address, and contact
                                                 excess emissions (i.e. 31 days).                        for the reporting period.                             information.
                                                 Similarly, if an excess emission is                        (xii) A table which identifies each                   (ii) The objectives of the monitoring
                                                 calculated for a 720-hour rolling average               period of excess emissions for the                    program implemented and information
                                                 period and no additional excess                         reporting period and includes, at a                   describing how those objectives will be
                                                 emissions are calculated until 360 hours                minimum, the information in                           met.


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                                                 64178                 Federal Register / Vol. 80, No. 204 / Thursday, October 22, 2015 / Proposed Rules

                                                   (iii) Information on any emission                      40 CFR part 60, appendix F, Procedure                  (ix) A description of the procedures to
                                                 factors used in conjunction with the                     1, Section 3.                                        be implemented to investigate root
                                                 CEMS required by this section to                            (vi) A list of spare parts for CEMS               causes of excess emissions and monitor
                                                 calculate emission rates and a                           maintained on site for system                        downtime and the proposed corrective
                                                 description of how those emission                        maintenance and repairs.                             actions to address potential root causes
                                                 factors were determined.                                                                                      of excess emissions and monitor
                                                   (iv) A description of methods to be                       (vii) A description of the procedures             downtime.
                                                 used to calculate emission rates when                    to be used to calculate 30-day rolling                 (x) A description of the sampling and
                                                 CEMS data is not available due to                        averages and 720-hour rolling averages               calculation methodology for
                                                 downtime associated with QA/QC                           and example calculations which shows                 determining the percent sulfur by
                                                 events.                                                  the algorithms used by the CEMS to                   weight as a monthly block average for
                                                   (v) A description of the QA/QC                         calculate 30-day rolling averages and                coal used during that month.
                                                 program to be implemented by the                         720-hour rolling averages.                             (o) Equations for Establishing the
                                                 owner or operator of CEMS required by                       (viii) A sample of the document to be             Upper Predictive Limit
                                                 this section. This can be the QA/QC                      used for the quarterly excess emission                 (1) Equation for Normal Distribution
                                                 program developed in accordance with                     reports required by this section.                    and Statistically Independent Data




                                                 Where:                                                   n = number of values                                 Assessment: Statistical Methods for
                                                 x̄ = average or mean of test run data;                   m = number of values used to calculate the           Practitioners EPA QA/G–9S.
                                                 t[(n–1),(0.95)] = t score, the one-tailed t value of         test average (m = 720 as per averaging
                                                                                                              time)                                              (ii) Alternative to Rank von Neumann
                                                       the Student’s t distribution for a specific
                                                       degree of freedom (n–1) and a confidence
                                                                                                                                                               test to determine if data are dependent,
                                                                                                            (2)(i) To determine if statistically
                                                       level (0.95; 0.99 for Tilden SO2)                                                                       data are dependent if t test value is
                                                                                                          independent, use the Rank von
                                                 s2 = variance of the dataset;                            Neumann Test on p. 137 of data Quality               greater than t critical value, where:




                                                 r = correlation between data points                           a specific degree of freedom (n–2) and a          (3) If data are dependent then use the
                                                 t critical = t[(n–2),(0.95)] = t score, the two-tailed        confidence level (0.95)                         following equation.
                                                       t value of the Student’s t distribution for                                                               Equation for Normal Distribution and
                                                                                                                                                               Data not Statistically Independent




                                                 Where:                                                   UPL = xm = xmi.md = xmi + 0.md (xmi ∂                emission limit will become enforceable
                                                 r = correlation between data points                         1 ¥ xmi)                                          37 months after [EFFECTIVE DATE OF
                                                                                                                                                               FINAL RULE] and only after EPA’s
                                                  (4) Non-parametric Equations for Data Where:
                                                                                        mi = the integer portion of m, i.e., m                                 confirmation or modification of the
                                                 Not Normally Distributed
                                                                                                              truncated at zero decimal places, and            emission limit in accordance with the
                                                 m = (n + 1) * a                                          md = the decimal portion of m                        procedures set forth below.
                                                 m = the rank of the ordered data point, when
                                                     data is sorted smallest to largest                   ■  3. Section 52.1235 is proposed to be                (2) Compliance with this emission
                                                 n = number of data points                                amended by revising paragraphs                       limit will be demonstrated with data
                                                 a = 0.95, to reflect the 95th percentile                 (b)(1)(ii), (b)(1)(iv), (b)(1)(v),(b)(2)(iv),        collected by a continuous emissions
                                                                                                          (c), (d), and (e) and by adding paragraph            monitoring system (CEMS) for NOX. The
                                                   If m is a whole number, then the                       (f) to read as follows:                              owner or operator of Hibbing Line 1
                                                 limit, UPL, shall be computed as:                                                                             must install a CEMS for NOX and SO2
                                                                                                                                                                                                           EP22OC15.003</GPH>




                                                                                                          § 52.1235   Regional haze.                           within six months from the effective
                                                 UPL = Xm
                                                                                                            (a) [Reserved]                                     date of the rule. The owner or operator
tkelley on DSK3SPTVN1PROD with PROPOSALS2




                                                 Where:                                                     (b)(1) NOX emission limits.                        must start collecting CEMS data and
                                                 Xm = value of the mth data point in terms of               (i) * * *
                                                     lbs SO2/hr or lbs NOX/MMBtu, when the
                                                                                                                                                               submit the data to EPA no later than 30
                                                                                                            (ii) Hibbing Taconite Company.                     days from the end of each calendar
                                                                                                                                                                                                           EP22OC15.001</GPH> EP22OC15.002</GPH>




                                                     data is sorted smallest to largest.
                                                                                                            (A) Hibbing Line 1.                                quarter after that installation deadline.
                                                   If m is not a whole number, the limit                    (1) An emission limit of 1.2 lbs NOX/              Any remaining data through the end of
                                                 shall be computed by linear                              MMBtu, based on a 30-day rolling                     the 34th month from [EFFECTIVE DATE
                                                 interpolation according to the following                 average, shall apply to Hibbing Line 1               OF FINAL RULE], that doesn’t fall
                                                 equation.                                                when burning natural gas. This                       within a calendar quarter, must be


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                                                                       Federal Register / Vol. 80, No. 204 / Thursday, October 22, 2015 / Proposed Rules                                       64179

                                                 submitted to EPA no later than seven                    analysis and, in order to define the time                (7) EPA will take final agency action
                                                 days from the end of the 34th month.                    period when pellets were produced                     by publishing its final confirmation or
                                                 Although CEMS data must continue to                     outside of the defined acceptable range               modification of the NOX limit in the
                                                 be collected, it does not need to be                    for the pellet quality factors listed,                Federal Register no later than 37
                                                 submitted to EPA starting 34 months                     provide copies of the production logs                 months after [EFFECTIVE DATE OF
                                                 after the effective date of the rule.                   that document the starting and ending                 FINAL RULE]. The confirmed or
                                                    (3) No later than 24 months after                    times for such periods. The owner or                  modified NOX limit for Hibbing Line 1
                                                 [EFFECTIVE DATE OF FINAL RULE]                          operator shall provide an explanation of              when burning only natural gas may be
                                                 the owner or operator must submit to                    causes for pellet samples that fail to                no lower than 1.2 lbs NOX/MMBtu,
                                                 EPA a report, including any final                       meet the acceptable range for any pellet              based on a 30-day rolling average, and
                                                 report(s) completed by the selected NOX                 quality analysis factor. Pellet quality               may not exceed 1.8 lbs NOX/MMBtu,
                                                 reduction technology supplier and                       information and data may be submitted                 based on a 30-day rolling average.
                                                 furnace retrofit engineer, containing a                 to EPA as Confidential Business                         (B) Hibbing Line 2.
                                                 detailed engineering analysis and                       Information.                                            (1) An emission limit of 1.2 lbs NOX/
                                                 modeling of the NOX reduction control                     (6) No later than 34 months after                   MMBtu, based on a 30-day rolling
                                                 technology being installed on Hibbing                   [EFFECTIVE DATE OF FINAL RULE],                       average, shall apply to Hibbing Line 2
                                                 Line 1. The NOX reduction control                       the owner or operator may submit to                   when burning natural gas. This
                                                 technology must be designed to meet an                  EPA a report to either confirm or modify              emission limit will become enforceable
                                                 emission limit of 1.2 lbs NOX/MMBtu.                    the NOX limits for Hibbing Line 1                     55 months after [EFFECTIVE DATE OF
                                                 This report must include a list of all                                                                        FINAL RULE] and only after EPA’s
                                                                                                         furnace within the upper and lower
                                                 process and control technology                                                                                confirmation or modification of the
                                                                                                         bounds described below. EPA will
                                                 variables that can reasonably be                                                                              emission limit in accordance with the
                                                                                                         review the report and either confirm or
                                                 expected to have an impact on NOX                                                                             procedures set forth below.
                                                                                                         modify the NOX limits. If the CEMS data
                                                 emissions control technology                                                                                     (2) Compliance with this emission
                                                                                                         collected during operating periods
                                                 performance, as well as a description of
                                                                                                         between months 26 and 34 that both                    limit will be demonstrated with data
                                                 how these variables can be adjusted to
                                                                                                         meet pellet quality specifications and                collected by a continuous emissions
                                                 reduce NOX emissions to meet the NOX
                                                                                                         proper furnace/burner operation is                    monitoring system (CEMS) for NOX. The
                                                 design emission limit.
                                                    (4) The NOX reduction control                        normally distributed, the limit                       owner or operator of Hibbing Line 2
                                                 technology shall be installed on Hibbing                adjustment determination shall be based               must install a CEMS for NOX and SO2
                                                 Line 1 furnace no later than 26 months                  on the appropriate (depending upon                    within six months from [EFFECTIVE
                                                 after [EFFECTIVE DATE OF FINAL                          whether data are statistically                        DATE OF FINAL RULE]. The owner or
                                                 RULE].                                                  independent or dependent) 95% upper                   operator must start collecting CEMS
                                                    (5) Commencing on the earlier of:                    predictive limit (UPL) equations in                   data and submit the data to EPA no later
                                                    (i) Six months from the installation of              paragraph (f) of this section. If the CEMS            than 30 days from the end of each
                                                 the NOX reduction control technology;                   data collected during operating periods               calendar quarter after that installation
                                                 or                                                      between months 26 and 34 that both                    deadline. Any remaining data through
                                                    (ii) 26 months from [EFFECTIVE                       meet pellet quality specifications and                the end of the 52nd month from
                                                 DATE OF FINAL RULE], the owner or                       proper furnace/burner operation are not               [EFFECTIVE DATE OF FINAL RULE],
                                                 operator must provide to EPA the                        normally distributed, the limit                       that doesn’t fall within a calendar
                                                 results from pellet quality analyses. The               adjustment determination shall be based               quarter, must be submitted to EPA no
                                                 owner or operator shall provide the                     on the non-parametric equation                        later than seven days from the end of
                                                 results from pellet quality analyses no                 provided in paragraph (f) of this section.            the 52nd month. Although CEMS data
                                                 later than 30 days from the end of each                 The data set for the determination shall              must continue to be collected, it does
                                                 calendar quarter up until 34 months                     exclude periods when pellet quality did               not need to be submitted to EPA starting
                                                 after [EFFECTIVE DATE OF FINAL                          not fall within the defined acceptable                52 months after [EFFECTIVE DATE OF
                                                 RULE]. Any remaining results through                    ranges of the pellet quality factors                  FINAL RULE].
                                                 the end of the 34th month from                          identified pursuant to paragraph                         (3) No later than 42 months after
                                                 [EFFECTIVE DATE OF FINAL RULE],                         (b)(1)(ii)(E) of this section and for any             [EFFECTIVE DATE OF FINAL RULE]
                                                 that do not fall within a calendar                      subsequent period when production has                 the owner or operator must submit to
                                                 quarter, must be submitted to EPA no                    been reduced in response to pellet                    EPA a report, including any final
                                                 later than seven days from the end of                   quality concerns consistent with                      report(s) completed by the selected NOX
                                                 the 34th month. The pellet quality                      Hibbing’s ISO 9001 operating standards.               reduction technology supplier and
                                                 analyses shall include results for the                  Any excluded period will commence at                  furnace retrofit engineer, containing a
                                                 following factors: Compression,                         the time documented on the production                 detailed engineering analysis and
                                                 reducibility, before tumble, after tumble,              log demonstrating that pellet quality did             modeling of the NOX reduction control
                                                 low temperature disintegration, and                     not fall within the defined acceptable                technology being installed on Hibbing
                                                 swelling. For each of the pellet quality                range and shall end when pellet quality               Line 2. The NOX reduction control
                                                 analysis factors, the owner or operator                 within the defined acceptable range has               technology must be designed to meet an
                                                 must explain the pellet quality analysis                been re-established at planned                        emission limit of 1.2 lbs NOX/MMBtu.
                                                 factor, as well as the defined acceptable               production levels, which will be                      This report must include a list of all
tkelley on DSK3SPTVN1PROD with PROPOSALS2




                                                 range for each factor using the                         presumed to be the level that existed                 process and control technology
                                                 applicable product quality standards                    immediately prior to the reduction in                 variables that can reasonably be
                                                 based upon customers’ pellet                            production due to pellet quality                      expected to have an impact on NOX
                                                 specifications that are contained in                    concerns. EPA may also exclude data                   emissions control technology
                                                 Hibbing’s ISO 9001 quality management                   where operations are inconsistent with                performance, as well as a description of
                                                 system. The owner or operator shall                     the reported design parameters of the                 how these variables can be adjusted to
                                                 provide pellet quality analysis testing                 NOX reduction control technology                      reduce NOX emissions to meet the NOX
                                                 results that state the date and time of the             installed.                                            design emission limit.


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                                                 64180                 Federal Register / Vol. 80, No. 204 / Thursday, October 22, 2015 / Proposed Rules

                                                    (4) The NOX reduction control                        adjustment determination shall be based               within six months from [EFFECTIVE
                                                 technology shall be installed on Hibbing                on the appropriate (depending upon                    DATE OF FINAL RULE]. The owner or
                                                 Line 2 furnace no later than 44 months                  whether data are statistically                        operator must start collecting CEMS
                                                 after [EFFECTIVE DATE OF FINAL                          independent or dependent) 95% upper                   data and submit the data to EPA no later
                                                 RULE].                                                  predictive limit (UPL) equations in                   than 30 days from the end of each
                                                    (5) Commencing on the earlier of:                    paragraph (f) of this section. If the CEMS            calendar quarter after that installation
                                                    (i) Six months from the installation of              data collected during operating periods               deadline. Any remaining data through
                                                 the NOX reduction control technology;                   between months 44 and 52 that both                    the end of the 57th month from
                                                 or                                                      meet pellet quality specifications and                [EFFECTIVE DATE OF FINAL RULE],
                                                    (ii) 44 months from [EFFECTIVE                       proper furnace/burner operation are not               that doesn’t fall within a calendar
                                                 DATE OF FINAL RULE], the owner or                       normally distributed, the limit                       quarter, must be submitted to EPA no
                                                 operator must provide to EPA the                        adjustment determination shall be based               later than seven days from the end of
                                                 results from pellet quality analyses. The               on the non-parametric equation                        the 57th month. Although CEMS data
                                                 owner or operator shall provide the                     provided in paragraph (f) of this section.            must continue to be collected, it does
                                                 results from pellet quality analyses no                 The data set for the determination shall              not need to be submitted to EPA starting
                                                 later than 30 days from the end of each                 exclude periods when pellet quality did               57 months after the effective date of the
                                                 calendar quarter up until 52 months                     not fall within the defined acceptable                rule.
                                                 after [EFFECTIVE DATE OF FINAL                          ranges of the pellet quality factors                     (3) No later than 48 months after
                                                 RULE]. Any remaining results through                    identified pursuant to paragraph                      [EFFECTIVE DATE OF FINAL RULE]
                                                 the end of the 52nd month from                          (b)(1)(ii)(E) of this section and for any             the owner or operator must submit to
                                                 [EFFECTIVE DATE OF FINAL RULE],                         subsequent period when production has                 EPA a report, including any final
                                                 that do not fall within a calendar                      been reduced in response to pellet                    report(s) completed by the selected NOX
                                                 quarter, must be submitted to EPA no                    quality concerns consistent with                      reduction technology supplier and
                                                 later than seven days from the end of                   Hibbing’s ISO 9001 operating standards.               furnace retrofit engineer, containing a
                                                 the 52nd month. The pellet quality                      Any excluded period will commence at                  detailed engineering analysis and
                                                 analyses shall include results for the                  the time documented on the production                 modeling of the NOX reduction control
                                                 following factors: Compression,                         log demonstrating that pellet quality did             technology being installed on Hibbing
                                                 reducibility, before tumble, after tumble,              not fall within the defined acceptable                Line 3. The NOX reduction control
                                                 low temperature disintegration, and                     range and shall end when pellet quality               technology must be designed to meet an
                                                 swelling. For each of the pellet quality                within the defined acceptable range has               emission limit of 1.2 lbs NOX/MMBtu.
                                                 analysis factors, the owner or operator                 been re-established at planned                        This report must include a list of all
                                                 must explain the pellet quality analysis                production levels, which will be                      process and control technology
                                                 factor, as well as the defined acceptable               presumed to be the level that existed                 variables that can reasonably be
                                                 range for each factor using the                         immediately prior to the reduction in                 expected to have an impact on NOX
                                                 applicable product quality standards                    production due to pellet quality                      emissions control technology
                                                 based upon customers’ pellet                            concerns. EPA may also exclude data                   performance, as well as a description of
                                                 specifications that are contained in                    where operations are inconsistent with                how these variables can be adjusted to
                                                 Hibbing’s ISO 9001 quality management                   the reported design parameters of the                 reduce NOX emissions to meet the NOX
                                                 system. The owner or operator shall                     NOX reduction control technology                      design emission limit.
                                                 provide pellet quality analysis testing                 installed.                                               (4) The NOX reduction control
                                                 results that state the date and time of the               (7) EPA will take final agency action               technology shall be installed on Hibbing
                                                 analysis and, in order to define the time               by publishing its final confirmation or               Line 3 furnace no later than 50 months
                                                 period when pellets were produced                       modification of the NOX limit in the                  after [EFFECTIVE DATE OF FINAL
                                                 outside of the defined acceptable range                 Federal Register no later than 55                     RULE].
                                                 for the pellet quality factors listed,                  months after [EFFECTIVE DATE OF                          (5) Commencing on the earlier of:
                                                 provide copies of the production logs                   FINAL RULE]. The confirmed or                            (i) Six months from the installation of
                                                 that document the starting and ending                   modified NOX limit for Hibbing Line 2                 the NOX reduction control technology;
                                                 times for such periods. The owner or                    when burning only natural gas may be                  or
                                                 operator shall provide an explanation of                no lower than 1.2 lbs NOX/MMBtu,                         (ii) 50 months from [EFFECTIVE
                                                 causes for pellet samples that fail to                  based on a 30-day rolling average, and                DATE OF FINAL RULE], the owner or
                                                 meet the acceptable range for any pellet                may not exceed 1.8 lbs NOX/MMBtu,                     operator must provide to EPA the
                                                 quality analysis factor. Pellet quality                 based on a 30-day rolling average.                    results from pellet quality analyses. The
                                                 information and data may be submitted                     (C) Hibbing Line 3.                                 owner or operator shall provide the
                                                 to EPA as Confidential Business                           (1) An emission limit of 1.2 lbs NOX/               results from pellet quality analyses no
                                                 Information.                                            MMBtu, based on a 30-day rolling                      later than 30 days from the end of each
                                                    (6) No later than 52 months after                    average, shall apply to Hibbing Line 3                calendar quarter up until 57 months
                                                 [EFFECTIVE DATE OF FINAL RULE],                         when burning natural gas. This                        after [EFFECTIVE DATE OF FINAL
                                                 the owner or operator may submit to                     emission limit will become enforceable                RULE]. Any remaining results through
                                                 EPA a report to either confirm or modify                60 months after [EFFECTIVE DATE OF                    the end of the 57th month from
                                                 the NOX limits for Hibbing Line 2                       FINAL RULE] and only after EPA’s                      [EFFECTIVE DATE OF FINAL RULE],
                                                 furnace within the upper and lower                      confirmation or modification of the                   that do not fall within a calendar
tkelley on DSK3SPTVN1PROD with PROPOSALS2




                                                 bounds described below. EPA will                        emission limit in accordance with the                 quarter, must be submitted to EPA no
                                                 review the report and either confirm or                 procedures set forth below.                           later than seven days from the end of
                                                 modify the NOX limits. If the CEMS data                   (2) Compliance with this emission                   the 57th month. The pellet quality
                                                 collected during operating periods                      limit will be demonstrated with data                  analyses shall include results for the
                                                 between months 44 and 52 that both                      collected by a continuous emissions                   following factors: compression,
                                                 meet pellet quality specifications and                  monitoring system (CEMS) for NOX. The                 reducibility, before tumble, after tumble,
                                                 proper furnace/burner operation is                      owner or operator of Hibbing Line 3                   low temperature disintegration, and
                                                 normally distributed, the limit                         must install a CEMS for NOX and SO2                   swelling. For each of the pellet quality


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                                                                       Federal Register / Vol. 80, No. 204 / Thursday, October 22, 2015 / Proposed Rules                                          64181

                                                 analysis factors, the owner or operator                 within the defined acceptable range has               detailed engineering analysis and
                                                 must explain the pellet quality analysis                been re-established at planned                        modeling of the NOX reduction control
                                                 factor, as well as the defined acceptable               production levels, which will be                      technology being installed on United
                                                 range for each factor using the                         presumed to be the level that existed                 Taconite Grate Kiln Line 1. This report
                                                 applicable product quality standards                    immediately prior to the reduction in                 must include a list of all variables that
                                                 based upon customers’ pellet                            production due to pellet quality                      can reasonably be expected to have an
                                                 specifications that are contained in                    concerns. EPA may also exclude data                   impact on NOX emission control
                                                 Hibbing’s ISO 9001 quality management                   where operations are inconsistent with                technology performance, as well as a
                                                 system. The owner or operator shall                     the reported design parameters of the                 description of how these variables can
                                                 provide pellet quality analysis testing                 NOX reduction control technology                      be adjusted to reduce NOX emissions to
                                                 results that state the date and time of the             installed.                                            meet the NOX design emission limit.
                                                 analysis and, in order to define the time                 (7) EPA will take final agency action               This NOX reduction control technology
                                                 period when pellets were produced                       by publishing its final confirmation or               must be designed to meet emission
                                                 outside of the defined acceptable range                 modification of the NOX limit in the                  limits of 2.8 lbs NOX/MMBtu when
                                                 for the pellet quality factors listed,                  Federal Register no later than 60                     burning natural gas and 1.5 lbs NOX/
                                                 provide copies of the production logs                   months after [EFFECTIVE DATE OF                       MMBtu when burning coal or a mixture
                                                 that document the starting and ending                   FINAL RULE]. The confirmed or                         of coal and natural gas.
                                                 times for such periods. The owner or                    modified NOX limit for Hibbing Line 3                    (4) The NOX reduction control
                                                 operator shall provide an explanation of                when burning only natural gas may be                  technology shall be installed on United
                                                 causes for pellet samples that fail to                  no lower than 1.2 lbs NOX/MMBtu,                      Taconite Grate Kiln Line 1 furnace no
                                                 meet the acceptable range for any pellet                based on a 30-day rolling average, and                later than 26 months from [EFFECTIVE
                                                 quality analysis factor. Pellet quality                 may not exceed 1.8 lbs NOX/MMBtu,                     DATE OF FINAL RULE].
                                                 information and data may be submitted                   based on a 30-day rolling average.                       (5) Commencing on the earlier of
                                                 to EPA as Confidential Business                         *     *     *     *     *                                (i) Six months from the installation of
                                                 Information.                                              (iv) United Taconite.                               the NOX reduction control technology;
                                                   (6) No later than 57 months after                       (A) United Taconite Line 1.                         or
                                                 [EFFECTIVE DATE OF FINAL RULE],                           (1) An emission limit of 2.8 lbs NOX/                  (ii) 26 months from the effective date
                                                 the owner or operator may submit to                     MMBtu, based on a 720-hour rolling                    of the rule, the owner or operator must
                                                 EPA a report to either confirm or modify                average, shall apply to United Taconite               provide to EPA the results from pellet
                                                 the NOX limits for Hibbing Line 3                       Grate Kiln Line 1 when burning natural                quality analyses. The owner or operator
                                                 furnace within the upper and lower                      gas, and an emission limit of 1.5 lbs                 shall provide the results from pellet
                                                 bounds described below. EPA will                        NOX/MMBtu, based on a 720-hour                        quality analyses no later than 30 days
                                                 review the report and either confirm or                 rolling average, shall apply to United                from the end of each calendar quarter
                                                 modify the NOX limits. If the CEMS data                 Taconite Grate Kiln Line 1 when                       up until 34 months after [EFFECTIVE
                                                 collected during operating periods                      burning coal or a mixture of coal and                 DATE OF FINAL RULE]. Any remaining
                                                 between months 50 and 57 that both                      natural gas. These emission limits will               results through the end of the 34th
                                                 meet pellet quality specifications and                  become enforceable 37 months after                    month, that do not fall within a calendar
                                                 proper furnace/burner operation is                      [EFFECTIVE DATE OF FINAL RULE]                        quarter, must be submitted to EPA no
                                                 normally distributed, the limit                         and only after EPA’s confirmation or                  later than seven days from the end of
                                                 adjustment determination shall be based                 modification of the emission limit in                 the 34th month. The pellet quality
                                                 on the appropriate (depending upon                      accordance with the procedures set                    analyses shall include results for the
                                                 whether data are statistically                          forth below.                                          following factors: Compression,
                                                 independent or dependent) 95% upper                       (2) Compliance with these emission                  reducibility, before tumble, after tumble,
                                                 predictive limit (UPL) equations in                     limits shall be demonstrated with data                and low temperature disintegration. For
                                                 paragraph (f) of this section. If the CEMS              collected by a continuous emissions                   each of the pellet quality analysis
                                                 data collected during operating periods                 monitoring system (CEMS) for NOX. The                 factors, the owner or operator must
                                                 between months 50 and 57 that both                      owner or operator must start collecting               explain the pellet quality analysis
                                                 meet pellet quality specifications and                  CEMS data for NOX upon [EFFECTIVE                     factor, as well as the defined acceptable
                                                 proper furnace/burner operation are not                 DATE OF FINAL RULE] and submit the                    range for each factor using the
                                                 normally distributed, the limit                         data to EPA no later than 30 days from                applicable product quality standards
                                                 adjustment determination shall be based                 the end of each calendar quarter. Any                 based upon customers’ pellet
                                                 on the non-parametric equation                          remaining data through the end of the                 specifications that are contained in
                                                 provided in paragraph (f) of this section.              34th month from [EFFECTIVE DATE OF                    Tilden’s ISO 9001 quality management
                                                 The data set for the determination shall                FINAL RULE], that doesn’t fall within a               system. The owner or operator shall
                                                 exclude periods when pellet quality did                 calendar quarter, must be submitted to                provide pellet quality analysis testing
                                                 not fall within the defined acceptable                  EPA no later than 7 days from the end                 results that state the date and time of the
                                                 ranges of the pellet quality factors                    of the 34th month. Although CEMS data                 analysis and, in order to define the time
                                                 identified pursuant to paragraph                        must continue to be collected, it does                period when pellets were produced
                                                 (b)(1)(ii)(E) of this section and for any               not need to be submitted to EPA starting              outside of the defined acceptable range
                                                 subsequent period when production has                   34 months after [EFFECTIVE DATE OF                    for the pellet quality factors listed,
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                                                 been reduced in response to pellet                      FINAL RULE].                                          provide copies of the production logs
                                                 quality concerns consistent with                          (3) No later than 24 months from                    that document the starting and ending
                                                 Hibbing’s ISO 9001 operating standards.                 [EFFECTIVE DATE OF FINAL RULE],                       times for such periods. The owner or
                                                 Any excluded period will commence at                    the owner or operator must submit to                  operator shall provide an explanation of
                                                 the time documented on the production                   EPA a report, including any final                     causes for pellet samples that fail to
                                                 log demonstrating that pellet quality did               report(s) completed by the selected NOX               meet the acceptable range for any pellet
                                                 not fall within the defined acceptable                  reduction technology supplier and                     quality analysis factor. Pellet quality
                                                 range and shall end when pellet quality                 furnace retrofit engineer, containing a               information and data may be submitted


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                                                 64182                 Federal Register / Vol. 80, No. 204 / Thursday, October 22, 2015 / Proposed Rules

                                                 to EPA as Confidential Business                         modified NOX limit for United Taconite                description of how these variables can
                                                 Information.                                            Grate Kiln Line 1 when burning coal or                be adjusted to reduce NOX emissions to
                                                    (6) No later than 34 months after                    a mixture of coal and natural gas may                 meet the NOX design emission limit.
                                                 [EFFECTIVE DATE OF FINAL RULE],                         be no lower than 1.5 lbs NOX/MMBtu,                   This NOX reduction control technology
                                                 the owner or operator may submit to                     based on a 720-hour rolling average, and              must be designed to meet emission
                                                 EPA a report to either confirm or modify                may not exceed 2.5 lbs NOX/MMBtu,                     limits of 2.8 lbs NOX/MMBtu when
                                                 the NOX limits for United Taconite                      based on a 720-hour rolling average.                  burning natural gas and 1.5 lbs NOX/
                                                 Grate Kiln Line 1 within the upper and                    (8) If the owner or operator submits a              MMBtu when burning coal or a mixture
                                                 lower bounds described below. EPA                       report proposing a single NOX limit for               of coal and natural gas.
                                                 will review the report and either                       all fuels, EPA may approve the                           (4) The NOX reduction control
                                                 confirm or modify the NOX limits. If the                proposed NOX limit for all fuels based                technology shall be installed on United
                                                 CEMS data collected during operating                    on a 30-day rolling average. The                      Taconite Grate Kiln Line 2 furnace no
                                                 periods between months 26 and 34 that                   confirmed or modified limit will be                   later than 44 months from the effective
                                                 both meet pellet quality specifications                 established and enforceable within 37                 date of the rule.
                                                 and proper furnace/burner operation is                  months from [EFFECTIVE DATE OF                           (5) Commencing on the earlier of:
                                                 normally distributed, the limit                         FINAL RULE].                                             (i) Six months from the installation of
                                                 adjustment determination shall be based                                                                       the NOX reduction control technology;
                                                                                                         (B) United Taconite Line 2                            or
                                                 on the appropriate (depending upon
                                                 whether data are statistically                             (1) An emission limit of 2.8 lbs NOX/                 (ii) 44 months from [EFFECTIVE
                                                 independent or dependent) 95% upper                     MMBtu, based on a 720-hour rolling                    DATE OF FINAL RULE], the owner or
                                                 predictive limit (UPL) equations in                     average, shall apply to United Taconite               operator must provide to EPA the
                                                 paragraph (f) of this section. If the CEMS              Grate Kiln Line 2 when burning natural                results from pellet quality analyses. The
                                                 data collected during operating periods                 gas, and an emission limit of 1.5 lbs                 owner or operator shall provide the
                                                 between months 26 and 34 that both                      NOX/MMBtu, based on a 720-hour                        results from pellet quality analyses no
                                                 meet pellet quality specifications and                  rolling average, shall apply to United                later than 30 days from the end of each
                                                 proper furnace/burner operation are not                 Taconite Grate Kiln Line 2 when                       calendar quarter up until 52 months
                                                 normally distributed, the limit                         burning coal or a mixture of coal and                 after [EFFECTIVE DATE OF FINAL
                                                 adjustment determination shall be based                 natural gas. These emission limits will               RULE]. Any remaining results through
                                                 on the non-parametric equation                          become enforceable 55 months after                    the end of the 52nd month, that do not
                                                 provided in paragraph (f) of this section.              [EFFECTIVE DATE OF FINAL RULE]                        fall within a calendar quarter, must be
                                                 The data set for the determination shall                and only after EPA’s confirmation or                  submitted to EPA no later than seven
                                                 exclude periods when pellet quality did                 modification of the emission limit in                 days from the end of the 52nd month.
                                                 not fall within the defined acceptable                  accordance with the procedures set                    The pellet quality analyses shall include
                                                 ranges of the pellet quality factors                    forth below.                                          results for the following factors:
                                                 identified pursuant to paragraph                           (2) Compliance with these emission                 Compression, reducibility, before
                                                 (b)(1)(iv)(A)(5) of this section and for                limits shall be demonstrated with data                tumble, after tumble, and low
                                                 any subsequent period when production                   collected by a continuous emissions                   temperature disintegration. For each of
                                                 had been reduced in response to pellet                  monitoring system (CEMS) for NOX. The                 the pellet quality analysis factors, the
                                                 quality concerns consistent with United                 owner or operator must start collecting               owner or operator must explain the
                                                 Taconite’s ISO 9001 operating                           CEMS data for NOX upon [EFFECTIVE                     pellet quality analysis factor, as well as
                                                 standards. Any excluded period will                     DATE OF FINAL RULE] and submit the                    the defined acceptable range for each
                                                 commence at the time documented on                      data to EPA no later than 30 days from                factor using the applicable product
                                                 the production log demonstrating pellet                 the end of each calendar quarter. Any                 quality standards based upon
                                                 quality did not fall within the defined                 remaining data through the end of the                 customers’ pellet specifications that are
                                                 acceptable range, and shall end when                    52nd month from [EFFECTIVE DATE                       contained in Tilden’s ISO 9001 quality
                                                 pellet quality within the defined                       OF FINAL RULE], that doesn’t fall                     management system. The owner or
                                                 acceptable range has been re-established                within a calendar quarter, must be                    operator shall provide pellet quality
                                                 at planned production levels, which                     submitted to EPA no later than 7 days                 analysis testing results that state the
                                                 will presumed to be the level that                      from the end of the 52nd month.                       date and time of the analysis and, in
                                                 existed immediately prior to the                        Although CEMS data must continue to                   order to define the time period when
                                                 reduction in production due to pellet                   be collected, it does not need to be                  pellets were produced outside of the
                                                 quality concerns. EPA may also exclude                  submitted to EPA starting 52 months                   defined acceptable range for the pellet
                                                 data where operations are inconsistent                  after [EFFECTIVE DATE OF FINAL                        quality factors listed, provide copies of
                                                 with the reported design parameters of                  RULE].                                                the production logs that document the
                                                 the NOX reduction control technology                       (3) No later than 42 months from                   starting and ending times for such
                                                 that were installed.                                    [EFFECTIVE DATE OF FINAL RULE],                       periods. The owner or operator shall
                                                    (7) EPA will take final agency action                the owner or operator must submit to                  provide an explanation of causes for
                                                 by publishing its final confirmation or                 EPA a report, including any final                     pellet samples that fail to meet the
                                                 modification of the NOX limits in the                   report(s) completed by the selected NOX               acceptable range for any pellet quality
                                                 Federal Register no later than 37                       reduction technology supplier and                     analysis factor. Pellet quality
                                                 months after [EFFECTIVE DATE OF                         furnace retrofit engineer, containing a               information and data may be submitted
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                                                 FINAL RULE]. The confirmed or                           detailed engineering analysis and                     to EPA as Confidential Business
                                                 modified NOX limit for United Taconite                  modeling of the NOX reduction control                 Information.
                                                 Grate Kiln Line 1 when burning only                     technology being installed on United                     (6) No later than 52 months after
                                                 natural gas may be no lower than 2.8 lbs                Taconite Grate Kiln Line 2. This report               [EFFECTIVE DATE OF FINAL RULE],
                                                 NOX/MMBtu, based on a 720-hour                          must include a list of all variables that             the owner or operator may submit to
                                                 rolling average, and may not exceed 3.0                 can reasonably be expected to have an                 EPA a report to either confirm or modify
                                                 lbs NOX/MMBtu, based on a 720-hour                      impact on NOX emission control                        the NOX limits for United Taconite
                                                 rolling average. The confirmed or                       technology performance, as well as a                  Grate Kiln Line 2 within the upper and


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                                                                       Federal Register / Vol. 80, No. 204 / Thursday, October 22, 2015 / Proposed Rules                                         64183

                                                 lower bounds described below. EPA                          (8) If the owner or operator submits a                (D) The NOX reduction control
                                                 will review the report and either                       report proposing a single NOX limit for               technology shall be installed on the
                                                 confirm or modify the NOX limits. If the                all fuels, EPA may approve the                        ArcelorMittal Minorca Mine indurating
                                                 CEMS data collected during operating                    proposed NOX limit for all fuels based                furnace no later than 44 months after
                                                 periods between months 44 and 52 that                   on a 30-day rolling average. The                      the effective date of the rule.
                                                 both meet pellet quality specifications                 confirmed or modified limit will be                      (E) Commencing on the earlier of:
                                                 and proper furnace/burner operation is                  established and enforceable within 55                    (1) Six months from the installation of
                                                 normally distributed, the limit                         months from [EFFECTIVE DATE OF                        the NOX reduction control technology;
                                                 adjustment determination shall be based                 FINAL RULE].                                          or
                                                 on the appropriate (depending upon                        (v) ArcelorMittal Minorca Mine                         (2) 44 months from [EFFECTIVE
                                                 whether data are statistically                            (A) An emission limit of 1.2 lbs NOX/               DATE OF FINAL RULE], the owner or
                                                 independent or dependent) 95% upper                     MMBtu, based on a 30-day rolling                      operator must provide to EPA the
                                                 predictive limit (UPL) equations in                     average, shall apply to the ArcelorMittal             results from pellet quality analyses. The
                                                 paragraph (f) of this section. If the CEMS              Minorca Mine indurating furnace when                  owner or operator shall provide the
                                                 data collected during operating periods                 burning natural gas. This emission limit              results from pellet quality analyses no
                                                 between months 44 and 52 that both                                                                            later than 30 days from the end of each
                                                                                                         will become enforceable 55 months after
                                                 meet pellet quality specifications and                                                                        calendar quarter up until 52 months
                                                                                                         [EFFECTIVE DATE OF FINAL RULE]
                                                 proper furnace/burner operation are not                                                                       after [EFFECTIVE DATE OF FINAL
                                                                                                         and only after EPA’s confirmation or
                                                 normally distributed, the limit                                                                               RULE]. Any remaining results through
                                                                                                         modification of the emission limit in
                                                 adjustment determination shall be based                                                                       the end of the 52nd month from
                                                                                                         accordance with the procedures set
                                                 on the non-parametric equation                                                                                [EFFECTIVE DATE OF FINAL RULE],
                                                                                                         forth below.
                                                 provided in paragraph (f) of this section.                                                                    that do not fall within a calendar
                                                                                                            (B) Compliance with this emission                  quarter, must be submitted to EPA no
                                                 The data set for the determination shall                limit will be demonstrated with data
                                                 exclude periods when pellet quality did                                                                       later than seven days from the end of
                                                                                                         collected by a continuous emissions                   the 52nd month. The pellet quality
                                                 not fall within the defined acceptable                  monitoring system (CEMS) for NOX. The                 analyses shall include results for the
                                                 ranges of the pellet quality factors                    owner or operator of the ArcelorMittal                following factors: Compression,
                                                 identified pursuant to paragraph                        Minorca Mine indurating furnace must                  reducibility, before tumble, after tumble,
                                                 (b)(1)(iv)(B)(5) of this section and for                install a CEMS for NOX and SO2 within                 low temperature disintegration, and
                                                 any subsequent period when production                   six months from [EFFECTIVE DATE OF                    contraction. For each of the pellet
                                                 had been reduced in response to pellet                  FINAL RULE]. The owner or operator                    quality analysis factors, the owner or
                                                 quality concerns consistent with United                 must start collecting CEMS data and                   operator must explain the pellet quality
                                                 Taconite’s ISO 9001 operating                           submit the data to EPA no later than 30               analysis factor, as well as the defined
                                                 standards. Any excluded period will                     days from the end of each calendar                    acceptable range for each factor using
                                                 commence at the time documented on                      quarter after that installation deadline.             the applicable product quality standards
                                                 the production log demonstrating pellet                 Any remaining data through the end of                 based upon customers’ pellet
                                                 quality did not fall within the defined                 the 52nd month from [EFFECTIVE                        specifications that are contained in the
                                                 acceptable range, and shall end when                    DATE OF FINAL RULE], that doesn’t                     ArcelorMittal Minorca Mine’s Standard
                                                 pellet quality within the defined                       fall within a calendar quarter, must be               Product Parameters. The owner or
                                                 acceptable range has been re-established                submitted to EPA no later than seven                  operator shall provide pellet quality
                                                 at planned production levels, which                     days from the end of the 52nd month.                  analysis testing results that state the
                                                 will presumed to be the level that                      Although CEMS data must continue to                   date and time of the analysis and, in
                                                 existed immediately prior to the                        be collected, it does not need to be                  order to define the time period when
                                                 reduction in production due to pellet                   submitted to EPA starting 52 months                   pellets were produced outside of the
                                                 quality concerns. EPA may also exclude                  after [EFFECTIVE DATE OF FINAL                        defined acceptable range for the pellet
                                                 data where operations are inconsistent                  RULE].                                                quality factors listed, provide copies of
                                                 with the reported design parameters of                     (C) No later than 42 months after                  production or scale data that document
                                                 the NOX reduction control technology                    [EFFECTIVE DATE OF FINAL RULE]                        the starting and ending times for such
                                                 that were installed.                                    the owner or operator must submit to                  periods. The owner or operator shall
                                                    (7) EPA will take final agency action                EPA a report, including any final                     provide an explanation of causes for
                                                 by publishing its final confirmation or                 report(s) completed by the selected NOX               pellet samples that fail to meet the
                                                 modification of the NOX limits in the                   reduction technology supplier and                     acceptable range for any pellet quality
                                                 Federal Register no later than 55                       furnace retrofit engineer, containing a               analysis factor. Pellet quality
                                                 months after [EFFECTIVE DATE OF                         detailed engineering analysis and                     information and data may be submitted
                                                 FINAL RULE]. The confirmed or                           modeling of the NOX reduction control                 to EPA as Confidential Business
                                                 modified NOX limit for United Taconite                  technology being installed on the                     Information.
                                                 Grate Kiln Line 2 when burning only                     ArcelorMittal Minorca Mine indurating                    (F) No later than 52 months after
                                                 natural gas may be no lower than 2.8 lbs                furnace. The NOX reduction control                    [EFFECTIVE DATE OF FINAL RULE],
                                                 NOX/MMBtu, based on a 720-hour                          technology must be designed to meet an                the owner or operator may submit to
                                                 rolling average, and may not exceed 3.0                 emission limit of 1.2 lbs NOX/MMBtu.                  EPA a report to either confirm or modify
                                                 lbs NOX/MMBtu, based on a 720-hour                      This report must include a list of all                the NOX limits for the ArcelorMittal
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                                                 rolling average. The confirmed or                       process and control technology                        Minorca Mine indurating furnace within
                                                 modified NOX limit for United Taconite                  variables that can reasonably be                      the upper and lower bounds described
                                                 Grate Kiln Line 2 when burning coal or                  expected to have an impact on NOX                     below. EPA will review the report and
                                                 a mixture of coal and natural gas may                   emissions control technology                          either confirm or modify the NOX limits.
                                                 be no lower than 1.5 lbs NOX/MMBtu,                     performance, as well as a description of              If the CEMS data collected during
                                                 based on a 720-hour rolling average, and                how these variables can be adjusted to                operating periods between months 44
                                                 may not exceed 2.5 lbs NOX/MMBtu,                       reduce NOX emissions to meet the NOX                  and 52 that both meet pellet quality
                                                 based on a 720-hour rolling average.                    design emission limit.                                specifications and proper furnace/


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                                                 64184                 Federal Register / Vol. 80, No. 204 / Thursday, October 22, 2015 / Proposed Rules

                                                 burner operation is normally                            emission limit shall be demonstrated                     (4) For purposes of this section, all
                                                 distributed, the limit adjustment                       with data collected by a continuous                   CEMS required by this section must
                                                 determination shall be based on the                     emissions monitoring system (CEMS)                    meet the requirements of paragraphs
                                                 appropriate (depending upon whether                     for SO2. The owner or operator must                   (c)(4)(i)–(xiv) of this section.
                                                 data are statistically independent or                   start collecting CEMS data for SO2                       (i) All CEMS must be installed,
                                                 dependent) 95% upper predictive limit                   beginning six months after [EFFECTIVE                 certified, calibrated, maintained, and
                                                 (UPL) equations in paragraph (f) of this                DATE OF FINAL RULE] and submit the                    operated in accordance with 40 CFR
                                                 section. If the CEMS data collected                     data to EPA no later than 30 days from                part 60, appendix B, Performance
                                                 during operating periods between                        the end of each calendar quarter.                     Specification 2 (PS–2) and appendix F,
                                                 months 44 and 52 that both meet pellet                  Beginning 6 months after the effective                Procedure 1.
                                                 quality specifications and proper                       date of the rule, any coal burned on                     (ii) CEMS must be installed and
                                                 furnace/burner operation are not                        UTAC Grate Kiln Line 1 or Line 2 shall                operational as follows:
                                                 normally distributed, the limit                         have no more than 1.5 percent sulfur by                  (A) All CEMS associated with
                                                 adjustment determination shall be based                 weight based on a monthly block                       monitoring NOX (including the NOX
                                                 on the non-parametric equation                          average. The sampling and calculation                 monitor and necessary diluent and flow
                                                 provided in paragraph (f) of this section.              methodology for determining the sulfur                rate monitors) at the following facilities:
                                                 The data set for the determination shall                content of coal must be described in the              U.S. Steel Keetac, U.S. Steel Minntac,
                                                 exclude periods when pellet quality did                 monitoring plan required for this                     and Northshore Mining Company-Silver
                                                 not fall within the defined acceptable                  furnace.                                              Bay, must be installed and operational
                                                 ranges of the pellet quality factors                                                                          no later than the unit specific
                                                                                                         *      *     *     *     *
                                                 identified pursuant to paragraph                                                                              compliance dates for the emission limits
                                                                                                            (c) Testing and monitoring. (1) The
                                                 (b)(1)(v)(5) of this section and for any                                                                      identified at paragraphs (b)(1)(i), (iii)
                                                                                                         owner or operator of the respective
                                                 subsequent period when production has                                                                         and (vi) of this section, respectively.
                                                                                                         facility shall install, certify, calibrate,              (B) All CEMS associated with
                                                 been reduced in response to pellet                      maintain and operate Continuous
                                                 quality concerns consistent with the                                                                          monitoring NOX (including the NOX
                                                                                                         Emissions Monitoring Systems (CEMS)                   monitor and necessary diluent and flow
                                                 ArcelorMittal Minorca Mine’s Standard                   for NOX on United States Steel
                                                 Product Parameters. Any excluded                                                                              rate monitors) at the following facilities:
                                                                                                         Corporation, Keetac unit EU030;                       Hibbing Taconite Company, United
                                                 period will commence at the time                        Hibbing Taconite Company units
                                                 documented in related quality reports                                                                         Taconite, and ArcelorMittal Minorca
                                                                                                         EU020, EU021, and EU022; United                       Mine, must be installed and operational
                                                 demonstrating that pellet quality did not               States Steel Corporation, Minntac units
                                                 fall within the defined acceptable range                                                                      no later than the unit specific
                                                                                                         EU225, EU261, EU282, EU315, and                       installation dates for the installation and
                                                 and shall end when pellet quality                       EU334; United Taconite units EU040
                                                 within the defined acceptable range has                                                                       operation of CEMS identified at
                                                                                                         and EU042; ArcelorMittal Minorca Mine                 paragraphs (b)(1)(ii), (iv) and (v) of this
                                                 been re-established at planned                          unit EU026; and Northshore Mining
                                                 production levels, which will be                                                                              section, respectively.
                                                                                                         Company-Silver Bay units Furnace                         (C) All CEMS associated with
                                                 presumed to be the level that existed                   11(EU100/EU104) and Furnace                           monitoring SO2 at the following
                                                 immediately prior to the reduction in                   12(EU110/EU114). Compliance with the                  facilities: U.S. Steel Keetac, U.S. Steel
                                                 production due to pellet quality                        emission limits for NOX shall be                      Minntac, and Northshore Mining
                                                 concerns. EPA may also exclude data                     determined using data from the CEMS.                  Company-Silver Bay, must be installed
                                                 where operations are inconsistent with                     (2) The owner or operator shall                    and operational no later than six months
                                                 the reported design parameters of the                   install, certify, calibrate, maintain and             after March 8, 2013.
                                                 NOX reduction control technology                        operate CEMS for SO2 on United States                    (D) All CEMS associated with
                                                 installed.                                              Steel Corporation, Keetac unit EU030;                 monitoring SO2 at the following
                                                    (G) EPA will take final agency action                Hibbing Taconite Company units                        facilities: Hibbing Taconite Company,
                                                 by publishing its final confirmation or                 EU020, EU021, and EU022; United                       United Taconite, and ArcelorMittal
                                                 modification of the NOX limit in the                    States Steel Corporation, Minntac units               Minorca Mine, must be installed and
                                                 Federal Register no later than 55                       EU225, EU261, EU282, EU315, and                       operational no later than six months
                                                 months [EFFECTIVE DATE OF FINAL                         EU334; United Taconite units EU040                    after [EFFECTIVE DATE OF FINAL
                                                 RULE]. The confirmed or modified NOX                    and EU042; ArcelorMittal Minorca Mine                 RULE].
                                                 limit for the ArcelorMittal Minorca                     unit EU026; and Northshore Mining                        (E) The operational status of the
                                                 Mine indurating furnace when burning                    Company—Silver Bay units Furnace 11                   CEMS identified in paragraphs (c)(1)
                                                 only natural gas may be no lower than                   (EU100/EU104) and Furnace 12 (EU110/                  and (2) of this section shall be verified
                                                 1.2 lbs NOX/MMBtu, based on a 30-day                    EU114).                                               by, as a minimum, completion of the
                                                 rolling average, and may not exceed 1.8                    (3) The owner or operator shall                    manufacturer’s written requirements or
                                                 lbs NOX/MMBtu, based on a 30-day                        install, certify, calibrate, maintain and             recommendations for installation,
                                                 rolling average.                                        operate one or more continuous diluent                operation, and calibration of the
                                                 *      *     *     *     *                              monitor(s) (O2 or CO2) and continuous                 devices.
                                                    (2) SO2 emission limits                              flow rate monitor(s) on the BART                         (iii) The owner or operator must
                                                 *      *     *     *     *                              affected units to allow conversion of the             conduct a performance evaluation of
                                                    (iv) United Taconite                                 NOX and SO2 concentrations to units of                each CEMS in accordance with 40 CFR
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                                                    An aggregate emission limit of 529.0                 the standard (lbs/MMBtu and lbs/hr,                   part 60, appendix B, PS–2. The
                                                 lbs SO2/hr, based on a 30-day rolling                   respectively) unless a demonstration is               performance evaluations must be
                                                 average, shall apply to the Line 1 pellet               made that a diluent monitor and                       completed no later than 60 days after
                                                 furnace (EU040) and Line 2 pellet                       continuous flow rate monitor are not                  the respective CEMS installation.
                                                 furnace (EU042) beginning six months                    needed for the owner or operator to                      (iv) The owner or operator of each
                                                 after [EFFECTIVE DATE OF FINAL                          demonstrate compliance with                           CEMS must conduct periodic Quality
                                                 RULE] the effective date of the rule.                   applicable emission limits in units of                Assurance, Quality Control (QA/QC)
                                                 Compliance with this aggregate                          the standards.                                        checks of each CEMS in accordance


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                                                                       Federal Register / Vol. 80, No. 204 / Thursday, October 22, 2015 / Proposed Rules                                          64185

                                                 with 40 CFR part 60, appendix F,                        quality assurance, preventive                            (B) Sum the total heat input to the
                                                 Procedure 1. The first CEMS accuracy                    maintenance activities, or backups of                 unit (in MMBtu) every hour and the
                                                 test will be a relative accuracy test audit             data from data acquisition and handling               previous (not necessarily consecutive)
                                                 (RATA) and must be completed no later                   systems, and recertification events.                  719 hours for which that type of fuel
                                                 than 60 days after the respective CEMS                     (x) The 30-day rolling average                     (either natural gas or mixed coal and
                                                 installation.                                           emission rate determined from data                    natural gas) was used.
                                                    (v) The owner or operator of each                    derived from the CEMS required by this                   (C) Divide the total number of pounds
                                                 CEMS must furnish the Regional                          section (in lbs/MMBtu or lbs/hr                       of NOX emitted during the 720 hours, as
                                                 Administrator two, or upon request,                     depending on the emission standard                    defined above, by the total heat input
                                                 more copies of a written report of the                  selected) must be calculated in                       during the same 720 hour period. This
                                                 results of each performance evaluation                  accordance with paragraphs                            calculation must be done separately for
                                                 and QA/QC check within 60 days of                       (c)(4)(x)(A)–(F) of this section.                     each fuel type (either for natural gas or
                                                 completion,.                                               (A) Sum the total pounds of the                    mixed coal and natural gas).
                                                    (vi) The owner or operator of each                   pollutant in question emitted from the                   (xii) Data substitution must not be
                                                 CEMS must check, record, and quantify                   Unit during an operating day and the                  used for purposes of determining
                                                 the zero and span calibration drifts at                 previous 29 operating days.                           compliance under this section.
                                                 least once daily (every 24 hours) in                       (B) Sum the total heat input to the                   (xiii) All CEMS data shall be reduced
                                                 accordance with 40 CFR part 60,                         unit (in MMBtu) or the total actual                   and reported in units of the applicable
                                                 appendix F, Procedure 1, Section 4.                     hours of operation (in hours) during an               standard.
                                                    (vii) Except for CEMS breakdowns,                                                                             (xiv) A Quality Control Program must
                                                                                                         operating day and the previous 29
                                                 repairs, calibration checks, and zero and                                                                     be developed and implemented for all
                                                                                                         operating days.
                                                 span adjustments, all CEMS required by                                                                        CEMS required by this section in
                                                                                                            (C) Divide the total number of pounds
                                                 this section shall be in continuous                                                                           accordance with 40 CFR part 60,
                                                                                                         of the pollutant in question emitted
                                                 operation during all periods of BART                                                                          appendix F, Procedure 1, Section 3. The
                                                                                                         during the 30 operating days by the total
                                                 affected process unit operation,                                                                              program will include, at a minimum,
                                                                                                         heat input (or actual hours of operation
                                                 including periods of process unit                                                                             written procedures and operations for
                                                                                                         depending on the emission limit
                                                 startup, shutdown, and malfunction.                                                                           calibration checks, calibration drift
                                                    (viii) All CEMS required by this                     selected) during the 30 operating days.
                                                                                                            (D) For purposes of this calculation,              adjustments, preventative maintenance,
                                                 section must meet the minimum data                                                                            data collection, recording and reporting,
                                                 requirements at paragraphs                              an operating day is any day during
                                                                                                         which fuel is combusted in the BART                   accuracy audits/procedures, periodic
                                                 (c)(4)(viii)(A) through (C) of this section.                                                                  performance evaluations, and a
                                                    (A) Complete a minimum of one cycle                  affected Unit regardless of whether
                                                                                                         pellets are produced. Actual hours of                 corrective action program for
                                                 of operation (sampling, analyzing, and                                                                        malfunctioning CEMS.
                                                 data recording) for each successive 15-                 operation are the total hours a unit is
                                                                                                                                                                  (d) Recordkeeping requirements. (1)(i)
                                                 minute quadrant of an hour.                             firing fuel regardless of whether a
                                                                                                                                                               Records required by this section must be
                                                    (B) Sample, analyze and record                       complete 24-hour operational cycle
                                                                                                                                                               kept in a form suitable and readily
                                                 emissions data for all periods of process               occurs (i.e. if the furnace is firing fuel
                                                                                                                                                               available for expeditious review.
                                                 operation except as described in                        for only 5 hours during a 24-hour
                                                                                                                                                                  (ii) Records required by this section
                                                 paragraph (c)(4)(viii)(C) of this section.              period, then the actual operating hours
                                                                                                                                                               must be kept for a minimum of 5 years
                                                    (C) When emission data from CEMS                     for that day are 5. Similarly, total
                                                                                                                                                               following the date of creation.
                                                 are not available due to continuous                     number of pounds of the pollutant in                     (iii) Records must be kept on site for
                                                 monitoring system breakdowns, repairs,                  question for that day is determined only              at least 2 years following the date of
                                                 calibration checks, or zero and span                    from the CEMS data for the five hours                 creation and may be kept offsite, but
                                                 adjustments, emission data must be                      during which fuel is combusted.)                      readily accessible, for the remaining 3
                                                 obtained using other monitoring                            (E) If the owner or operator of the                years.
                                                 systems or emission estimation methods                  CEMS required by this section uses an                    (2) The owner or operator of the
                                                 approved by the EPA. The other                          alternative method to determine 30-day                BART affected units must maintain the
                                                 monitoring systems or emission                          rolling averages, that method must be                 records at paragraphs (d)(2)(i)–(xi) of
                                                 estimation methods to be used must be                   described in detail in the monitoring                 this section.
                                                 incorporated into the monitoring plan                   plan required by this section. The                       (i) A copy of each notification and
                                                 required by this section and provide                    alternative method will only be                       report developed for and submitted to
                                                 information such that emissions data are                applicable if the final monitoring plan               comply with this section including all
                                                 available for a minimum of 18 hours in                  and the alternative method are approved               documentation supporting any initial
                                                 each 24 hour period and at least 22 out                 by EPA.                                               notification or notification of
                                                 of 30 successive unit operating days.                      (F) A new 30-day rolling average                   compliance status submitted according
                                                    (ix) Owners or operators of each                     emission rate must be calculated for                  to the requirements of this section.
                                                 CEMS required by this section must                      each new operating day.                                  (ii) Records of the occurrence and
                                                 reduce all data to 1-hour averages.                        (xi) The 720-hour rolling average                  duration of startup, shutdown, and
                                                 Hourly averages shall be computed                       emission rate determined from data                    malfunction of the BART affected units,
                                                 using all valid data obtained within the                derived from the CEMS required by this                air pollution control equipment, and
                                                 hour but no less than one data point in                 section (in lbs/MMBtu) must be                        CEMS required by this section.
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                                                 each fifteen-minute quadrant of an hour.                calculated in accordance with                            (iii) Records of activities taken during
                                                 Notwithstanding this requirement, an                    (c)(4)(xi)(A)–(C) of this section.                    each startup, shutdown, and
                                                 hourly average may be computed from                        (A) Sum the total pounds of NOX                    malfunction of the BART affected unit,
                                                 at least two data points separated by a                 emitted from the unit every hour and                  air pollution control equipment, and
                                                 minimum of 15 minutes (where the unit                   the previous (not necessarily                         CEMS required by this section.
                                                 operates for more than one quadrant in                  consecutive) 719 hours for which that                    (iv) Records of the occurrence and
                                                 an hour) if data are unavailable as a                   type of fuel (either natural gas or mixed             duration of all major maintenance
                                                 result of performance of calibration,                   coal and natural gas) was used.                       conducted on the BART affected units,


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                                                 64186                 Federal Register / Vol. 80, No. 204 / Thursday, October 22, 2015 / Proposed Rules

                                                 air pollution control equipment, and                       (2) The owner or operator of each                  monitoring procedures or methods that
                                                 CEMS required by this section.                          BART affected unit identified in this                 were conducted.
                                                    (v) Records of each excess emission                  section and CEMS required by this                        (C) The methods that will be used for
                                                 report, including all documentation                     section must provide to the Regional                  determining continuing compliance,
                                                 supporting the reports, dates and times                 Administrator the written notifications,              including a description of monitoring
                                                 when excess emissions occurred,                         reports and plans identified at                       and reporting requirements and test
                                                 investigations into the causes of excess                paragraphs (e)(2)(i)–(viii) of this section.          methods.
                                                 emissions, actions taken to minimize or                 If acceptable to both the Regional                       (D) The type and quantity of air
                                                 eliminate the excess emissions, and                     Administrator and the owner or                        pollutants emitted by the source,
                                                 preventative measures to avoid the                      operator of each BART affected unit                   reported in units of the standard.
                                                 cause of excess emissions from                          identified in this section and CEMS                      (E) A description of the air pollution
                                                 occurring again.                                        required by this section the owner or                 control equipment and burners installed
                                                    (vi) Records of all CEMS data                        operator may provide electronic                       as required by this section, for each
                                                 including, as a minimum, the date,                      notifications, reports and plans.                     emission point.
                                                 location, and time of sampling or                          (i) A notification of the date                        (F) A statement by the owner or
                                                 measurement, parameters sampled or                      construction of control devices and                   operator as to whether the source has
                                                 measured, and results.                                  installation of burners required by this              complied with the relevant standards
                                                    (vii) All records associated with                    section commences postmarked no later                 and other requirements.
                                                 quality assurance and quality control                   than 30 days after the commencement                      (3) The owner or operator must
                                                 activities on each CEMS as well as other                date.                                                 develop and implement a written
                                                 records required by 40 CFR part 60,                        (ii) A notification of the date the                startup, shutdown, and malfunction
                                                 appendix F, Procedure 1 including, but                  installation of each CEMS required by                 plan for NOX and SO2. The plan must
                                                 not limited to, the quality control                     this section commences postmarked no                  include, at a minimum, procedures for
                                                 program, audit results, and reports                     later than 30 days after the                          operating and maintaining the source
                                                 submitted as required by this section.                  commencement date.                                    during periods of startup, shutdown,
                                                    (viii) Records of the NOX emissions                     (iii) A notification of the date the               and malfunction; and a program of
                                                 during all periods of BART affected unit                construction of control devices and                   corrective action for a malfunctioning
                                                 operation, including startup, shutdown                  installation of burners required by this              process and air pollution control and
                                                 and malfunction in the units of the                     section is complete postmarked no later               monitoring equipment used to comply
                                                 standard. The owner or operator shall                   than 30 days after the completion date.               with the relevant standard. The plan
                                                 convert the monitored data into the                        (iv) A notification of the date the                must ensure that, at all times, the owner
                                                 appropriate unit of the emission                        installation of each CEMS required by                 or operator operates and maintains each
                                                 limitation using appropriate conversion                 this section is complete postmarked no                affected source, including associated air
                                                 factors and F-factors. F-factors used for               later than 30 days after the completion               pollution control and monitoring
                                                 purposes of this section shall be                       date.                                                 equipment, in a manner which satisfies
                                                 documented in the monitoring plan and                      (v) A notification of the date control             the general duty to minimize or
                                                 developed in accordance with 40 CFR                     devices and burners installed by this                 eliminate emissions using good air
                                                 part 60, appendix A, Method 19. The                     section startup postmarked no later than              pollution control practices. The plan
                                                 owner or operator may use an alternate                  30 days after the startup date.                       must ensure that owners or operators
                                                 method to calculate the NOX emissions                      (vi) A notification of the date CEMS               are prepared to correct malfunctions as
                                                 upon written approval from EPA.                         required by this section startup                      soon as practicable after their
                                                    (ix) Records of the SO2 emissions in                 postmarked no later than 30 days after                occurrence.
                                                 lbs/MMBTUs or lbs/hr (based on CEMS                     the startup date.                                        (4) The written reports of the results
                                                 data), depending on the emission                           (vii) A notification of the date upon              of each performance evaluation and QA/
                                                 standard selected, during all periods of                which the initial CEMS performance                    QC check in accordance with and as
                                                 operation, including periods of startup,                evaluations are planned. This                         required by paragraph (c)(4)(v) of this
                                                 shutdown and malfunction, in the units                  notification must be submitted at least               section.
                                                 of the standard.                                        60 days before the performance                           (5) Compliance reports. The owner or
                                                    (x) Records associated with the CEMS                 evaluation is scheduled to begin.                     operator of each BART affected unit
                                                 unit including type of CEMS, CEMS                          (viii) A notification of initial                   must submit semiannual compliance
                                                 model number, CEMS serial number,                       compliance, signed by the responsible                 reports. The semiannual compliance
                                                 and initial certification of each CEMS                  official who shall certify its accuracy,              reports must be submitted in accordance
                                                 conducted in accordance with 40 CFR                     attesting to whether the source has                   with paragraphs (e)(5)(i) through (iv) of
                                                 part 60, appendix B, Performance                        complied with the requirements of this                this section, unless the Administrator
                                                 Specification 2 must be kept for the life               section, including, but not limited to,               has approved a different schedule.
                                                 of the CEMS unit.                                       applicable emission standards, control                   (i) The first compliance report must
                                                    (xi) Records of all periods of fuel oil              device and burner installations, CEMS                 cover the period beginning on the
                                                 usage as required at paragraph (b)(2)(vii)              installation and certification. This                  compliance date that is specified for the
                                                 of this section.                                        notification must be submitted before                 affected source through June 30 or
                                                    (e) Reporting requirements. (1) All                  the close of business on the 60th                     December 31, whichever date comes
                                                 requests, reports, submittals,                          calendar day following the completion                 first after the compliance date that is
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                                                 notifications, and other communications                 of the compliance demonstration and                   specified for the affected source.
                                                 to the Regional Administrator required                  must include, at a minimum, the                          (ii) The first compliance report must
                                                 by this section shall be submitted,                     information at paragraphs                             be postmarked no later than 30 calendar
                                                 unless instructed otherwise, to the Air                 (e)(2)(viii)(A)–(F) of this section.                  days after the reporting period covered
                                                 and Radiation Division, U.S.                               (A) The methods used to determine                  by that report (July 30 or January 30),
                                                 Environmental Protection Agency,                        compliance.                                           whichever comes first.
                                                 Region 5 (A–18J), at 77 West Jackson                       (B) The results of any CEMS                           (iii) Each subsequent compliance
                                                 Boulevard, Chicago, Illinois 60604.                     performance evaluations, and other                    report must cover the semiannual


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                                                                       Federal Register / Vol. 80, No. 204 / Thursday, October 22, 2015 / Proposed Rules                                          64187

                                                 reporting period from January 1 through                 reports must be postmarked by the 30th                45). For purposes of this section, if an
                                                 June 30 or the semiannual reporting                     day following the end of each three-                  excess emission is calculated for any
                                                 period from July 1 through December                     month period of a calendar year                       period of time within a reporting period,
                                                 31.                                                     (January–March, April–June, July–                     there will be no fewer than 30 days of
                                                    (iv) Each subsequent compliance                      September, October–December) and                      excess emissions but there should be no
                                                 report must be postmarked no later than                 must include, at a minimum, the                       more than 121 days of excess emissions
                                                 30 calendar days after the reporting                    requirements at paragraphs (e)(7)(i)                  for a reporting period.
                                                 period covered by that report (July 30 or               through (xv) of this section.                            (2) For purposes of this section, if a
                                                 January 30).                                               (i) Company name and address.                      facility calculates a 720-hour rolling
                                                    (6) Compliance report contents. Each                    (ii) Identification and description of             average emission rate in accordance
                                                 compliance report must include the                      the process unit being monitored.                     with this section which exceeds the
                                                 information in paragraphs (e)(6)(i)                        (iii) The dates covered by the                     applicable emission standards of this
                                                 through (vi) of this section.                           reporting period.                                     section, then it will be considered 30
                                                    (i) Company name and address.                           (iv) Total source operating hours for              days of excess emissions. If the 24th
                                                    (ii) Statement by a responsible                      the reporting period.                                 following 720-hour rolling average
                                                 official, with the official’s name, title,                 (v) Monitor manufacturer, monitor                  emission rate is calculated and found to
                                                 and signature, certifying the truth,                    model number and monitor serial                       exceed the applicable emission
                                                 accuracy, and completeness of the                       number.                                               standards of the rule as well, then it will
                                                 content of the report.                                     (vi) Pollutant monitored.                          add one more day to the total days of
                                                    (iii) Date of report and beginning and                  (vii) Emission limitation for the                  excess emissions (i.e. 31 days).
                                                 ending dates of the reporting period.                   monitored pollutant.                                  Similarly, if an excess emission is
                                                    (iv) Identification of the process unit,                (viii) Date of latest CEMS certification           calculated for a 720-hour rolling average
                                                 control devices, and CEMS covered by                    or audit.                                             period and no additional excess
                                                 the compliance report.                                     (ix) A description of any changes in               emissions are calculated until 360 hours
                                                    (v) A record of each period of startup,              continuous monitoring systems,                        after the first, then that new excess
                                                 shutdown, or malfunction during the                     processes, or controls since the last                 emission will add 15 days to the total
                                                 reporting period and a description of the               reporting period.                                     days of excess emissions (i.e. 30+15 =
                                                 actions the owner or operator took to                      (x) A table summarizing the total                  45). For purposes of this section, if an
                                                 minimize or eliminate emissions arising                 duration of excess emissions, as defined              excess emission is calculated for any
                                                 as a result of the startup, shutdown or                 at paragraphs (e)(7)(x)(A) to (B) of this             period of time with a reporting period,
                                                 malfunction and whether those actions                   section, for the reporting period broken              there will be no fewer than 30 days of
                                                 were or were not consistent with the                    down by the cause of those excess                     excess emissions but there should be no
                                                 source’s startup, shutdown, and                         emissions (startup/shutdown, control                  more than 121 days of excess emissions
                                                 malfunction plan.                                       equipment problems, process problems,                 for a reporting period.
                                                    (vi) A statement identifying whether                 other known causes, unknown causes),                     (C) For purposes of this section, the
                                                 there were or were not any deviations                   and the total percent of excess                       total percent of excess emissions will be
                                                 from the requirements of this section                   emissions (for all causes) for the                    determined by summing all periods of
                                                 during the reporting period. If there                   reporting period calculated as described              excess emissions (in days) for the
                                                 were deviations from the requirements                   at paragraph (e)(7)(x)(C) of this section.            reporting period, dividing that number
                                                 of this section during the reporting                       (A) For purposes of this section, an               by the total BART affected unit
                                                 period, then the compliance report must                 excess emission is defined as any 30-                 operating days for the reporting period,
                                                 describe in detail the deviations which                 day or 720-hour rolling average period,               and then multiplying by 100 to get the
                                                 occurred, the causes of the deviations,                 including periods of startup, shutdown                total percent of excess emissions for the
                                                 actions taken to address the deviations,                and malfunction, during which the 30-                 reporting period. An operating day, as
                                                 and procedures put in place to avoid                    day or 720-hour (as appropriate) rolling              defined previously, is any day during
                                                 such deviations in the future. If there                 average emissions of either regulated                 which fuel is fired in the BART affected
                                                 were no deviations from the                             pollutant (SO2 and NOX), as measured                  unit for any period of time. Because of
                                                 requirements of this section during the                 by a CEMS, exceeds the applicable                     the possible overlap of 30-day rolling
                                                 reporting period, then the compliance                   emission standards in this section.                   average excess emissions across
                                                 report must include a statement that                       (B)(1) For purposes of this section, if            quarters, there are some situations
                                                 there were no deviations. For purposes                  a facility calculates a 30-day rolling                where the total percent of excess
                                                 of this section, deviations include, but                average emission rate in accordance                   emissions could exceed 100 percent.
                                                 are not limited to, emissions in excess                 with this section which exceeds the                   This extreme situation would only
                                                 of applicable emission standards                        applicable emission standards of this                 result from serious excess emissions
                                                 established by this section, failure to                 section, then it will be considered 30                problems where excess emissions occur
                                                 continuously operate an air pollution                   days of excess emissions. If the                      for nearly every day during a reporting
                                                 control device in accordance with                       following 30-day rolling average                      period.
                                                 operating requirements designed to                      emission rate is calculated and found to                 (xi) A table summarizing the total
                                                 assure compliance with emission                         exceed the applicable emission                        duration of monitor downtime, as
                                                 standards, failure to continuously                      standards of this section as well, then it            defined at paragraph (e)(7)(xi)(A) of this
                                                 operate CEMS required by this section,                  will add one more day to the total days               section, for the reporting period broken
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                                                 and failure to maintain records or                      of excess emissions (i.e. 31 days).                   down by the cause of the monitor
                                                 submit reports required by this section.                Similarly, if an excess emission is                   downtime (monitor equipment
                                                    (7) Each owner or operator of a CEMS                 calculated for a 30-day rolling average               malfunctions, non-monitor equipment
                                                 required by this section must submit                    period and no additional excess                       malfunctions, quality assurance
                                                 quarterly excess emissions and                          emissions are calculated until 15 days                calibration, other known causes,
                                                 monitoring system performance reports                   after the first, then that new excess                 unknown causes), and the total percent
                                                 for each pollutant monitored for each                   emission will add 15 days to the total                of monitor downtime (for all causes) for
                                                 BART affected unit monitored. All                       days of excess emissions (i.e. 30 + 15 =              the reporting period calculated as


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                                                 64188                 Federal Register / Vol. 80, No. 204 / Thursday, October 22, 2015 / Proposed Rules

                                                 described at paragraph (e)(7)(xi)(B) of                    (B) The beginning and end time of                     (iii) Information on any emission
                                                 this section.                                           each period of monitor downtime.                      factors used in conjunction with the
                                                    (A) For purposes of this section,                       (C) The cause of the period of monitor             CEMS required by this section to
                                                 monitor downtime is defined as any                      downtime.                                             calculate emission rates and a
                                                 period of time (in hours) during which                     (D) The corrective action taken or                 description of how those emission
                                                 the required monitoring system was not                  preventative measures adopted for                     factors were determined.
                                                 measuring emissions from the BART                       system repairs or adjustments to                         (iv) A description of methods to be
                                                 affected unit. This includes any period                 minimize or eliminate monitor                         used to calculate emission rates when
                                                 of CEMS QA/QC, daily zero and span                      downtime and prevent such downtime                    CEMS data is not available due to
                                                 checks, and similar activities.                         from occurring again.                                 downtime associated with QA/QC
                                                    (B) For purposes of this section, the                   (xiv) If there were no periods of                  events.
                                                 total percent of monitor downtime will                  excess emissions during the reporting                    (v) A description of the QA/QC
                                                 be determined by summing all periods                    period, then the excess emission report               program to be implemented by the
                                                 of monitor downtime (in hours) for the                  must include a statement which says                   owner or operator of CEMS required by
                                                 reporting period, dividing that number                  there were no periods of excess                       this section. This can be the QA/QC
                                                 by the total number of BART affected                    emissions during this reporting period.               program developed in accordance with
                                                 unit operating hours for the reporting                     (xv) If there were no periods of                   40 CFR part 60, Appendix F, Procedure
                                                 period, and then multiplying by 100 to                  monitor downtime, except for daily zero               1, Section 3.
                                                 get the total percent of excess emissions               and span checks, during the reporting                    (vi) A list of spare parts for CEMS
                                                 for the reporting period.                               period, then the excess emission report               maintained on site for system
                                                    (xii) A table which identifies each                  must include a statement which says                   maintenance and repairs.
                                                 period of excess emissions for the                      there were no periods of monitor                         (vii) A description of the procedures
                                                 reporting period and includes, at a                     downtime during this reporting period                 to be used to calculate 30-day rolling
                                                 minimum, the information in                             except for the daily zero and span                    averages and 720-hour rolling averages
                                                 paragraphs (e)(7)(xii)(A) through (F) of                checks.                                               and example calculations which shows
                                                 this section.                                              (8) The owner or operator of each                  the algorithms used by the CEMS to
                                                    (A) The date of each excess emission.                CEMS required by this section must                    calculate 30-day rolling averages and
                                                    (B) The beginning and end time of                    develop and submit for review and                     720-hour rolling averages.
                                                 each excess emission.                                   approval by the Regional Administrator                   (viii) A sample of the document to be
                                                    (C) The pollutant for which an excess                a site specific monitoring plan. The                  used for the quarterly excess emission
                                                 emission occurred.                                      purpose of this monitoring plan is to                 reports required by this section.
                                                    (D) The magnitude of the excess                      establish procedures and practices                       (ix) A description of the procedures to
                                                 emission.                                               which will be implemented by the                      be implemented to investigate root
                                                    (E) The cause of the excess emission.                owner or operator in its effort to comply             causes of excess emissions and monitor
                                                    (F) The corrective action taken or                   with the monitoring, recordkeeping and                downtime and the proposed corrective
                                                 preventative measures adopted to                        reporting requirements of this section.               actions to address potential root causes
                                                 minimize or eliminate the excess                        The monitoring plan must include, at a                of excess emissions and monitor
                                                 emissions and prevent such excess                       minimum, the information at                           downtime.
                                                 emission from occurring again.                          paragraphs (e)(8)(i) through (x) of this                 (x) A description of the sampling and
                                                    (xiii) A table which identifies each                 section.                                              calculation methodology for
                                                 period of monitor downtime for the                         (i) Site specific information including            determining the percent sulfur by
                                                 reporting period and includes, at a                     the company name, address, and contact                weight as a monthly block average for
                                                 minimum, the information in                             information.                                          coal used during that month.
                                                 paragraphs (e)(7)(xiii)(A) through (D) of                  (ii) The objectives of the monitoring                 (f) Equations for Establishing the
                                                 this section.                                           program implemented and information                   Upper Predictive Limit
                                                    (A) The date of each period of monitor               describing how those objectives will be                  (1) Equation for Normal Distribution
                                                 downtime.                                               met.                                                  and Statistically Independent Data




                                                 Where:                                                  s2 = variance of the dataset;                         Neumann Test on p. 137 of data Quality
                                                 x = average or mean of test run data;                   n = number of values                                  Assessment: Statistical Methods for
                                                 t[(n ¥ 1),(0.95)] = t score, the one-tailed t value     m = number of values used to calculate the            Practitioners EPA QA/G–9S.
                                                                                                              test average (m = 720 as per averaging             (ii) Alternative to Rank von Neumann
                                                       of the Student’s t distribution for a
                                                                                                              time)
                                                       specific degree of freedom (n ¥ 1)and a                                                                 test to determine if data are dependent,
                                                       confidence level (0.95; 0.99 for Tilden             (2)(i) To determine if statistically                data are dependent if t test value is
                                                       SO2)                                              independent, use the Rank von                         greater than t critical value, where:
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                                                                        Federal Register / Vol. 80, No. 204 / Thursday, October 22, 2015 / Proposed Rules                                               64189

                                                 r = correlation between data points                             freedom (n ¥ 2) and a confidence level            (3) If data are dependent then use the
                                                 t critical = t[(n ¥ 2),(0.95)] = t score, the two-              (0.95)                                          following equation.
                                                       tailed t value of the Student’s t                                                                           Equation for Normal Distribution and
                                                       distribution for a specific degree of                                                                     Data not Statistically Independent




                                                 Where:                                   If m is a whole number, then the                                       UPL = xm = xmi•md = xmi + 0.md (xmi∂1 ¥
                                                 r = correlation between data points    limit, UPL, shall be computed as:                                           xmi)
                                                  (4) Non-parametric Equations for Data UPL = Xm                                                                 Where:
                                                 Not Normally Distributed               Where:                                                                   mi = the integer portion of m, i.e., m
                                                                                                           Xm = value of the mth data point in terms of              truncated at zero decimal places, and
                                                 m = (n + 1) * a                                               lbs SO2/hr or lbs NOX/MMBtu, when the             md = the decimal portion of m
                                                 m = the rank of the ordered data point, when                  data is sorted smallest to largest.
                                                                                                                                                                 *        *   *     *      *
                                                     data is sorted smallest to largest                      If m is not a whole number, the limit               [FR Doc. 2015–25023 Filed 10–21–15; 8:45 am]
                                                 n = number of data points                                 shall be computed by linear                           BILLING CODE 6560–50–P
                                                 a = 0.95, to reflect the 95th percentile                  interpolation according to the following
                                                                                                           equation.
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Document Created: 2015-12-14 15:33:57
Document Modified: 2015-12-14 15:33:57
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesComments must be received on or before November 23, 2015.
ContactSteven Rosenthal, Environmental Engineer, Attainment Planning & Maintenance Section, Air Programs Branch (AR-18J), U.S. Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886-6052, [email protected]
FR Citation80 FR 64159 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds

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